UC-NRLF AWS RELATING TO THE COMMON SCHOOLS OF KANSAS INCLUDING OFFICIAL OPINIONS AND SUG- GESTIONS TO SCHOOL OFFICERS * * * * Compiled under the direction of LORRAINE ELIZABETH WOOSTER State Superintendent of Public Instruction 'Law and order is an important command of our Creator" 1919-1920 KANSAS STATE PRINTING PLANT IMRI ZUMWALT, STATE PRINTKI: TOPEKA. 19 2O 8-2728 NOTE This copy of the School Laws is the property of the School District rnd must be preserved and kept where it can be found. GIFT OF LAWS RELATING TO THE COMMON SCHOOLS OF [KANSAS INCLUDING OFFICIAL OPINIONS AND SUG- GESTIONS TO SCHOOL Compiled under the direction of LORRAINE ELIZABETH WOOSTER State Superintendent of Public Instruction "Law and order is an important command of our Creator" 1919-1920 NOTE This copy of the School Laws is the property of the School District and must be preserved and kept where it can be found and used. MALICIOUS DESTRUCTION OF PROPERTY. - Children, and o.th.er. ^persons should be taught to aid in the 'eare^and'-protectBafiXof.'all private and public property. It is the important step toward good citizenship. [3715] Any person who shall willfully and maliciously destroy, deface, remove or injure the property of another, pub- lic or private, when the value of the property is under twenty dollars, shall on conviction be deemed guilty of a misdemeanor, and punished by fine not less than one dollar nor more than one hundred dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. (Laws 1907, ch. 185, sec. 1.) [3716] Any person who shall willfully and maliciously destroy, deface, remove or injure the property of another, public or private, when the value of the property and when the amount of damage done thereto is twenty dollars or more, shall on conviction be deemed guilty of a felony, and be punished by imprisonment at hard labor in the penitentiary of the state of Kansas for a term not less than one year nor more than five years. (Laws 1907, ch. 185, sec. 2.) (2) TO COUNTY SUPERINTENDENTS, CITY SUPERINTEND- ENTS, AND SCHOOL OFFICERS. This copy of the School Laws of Kansas is furnished to you by the state at the expense of the taxpayers. Kindly see that it is properly cared for and kept in the school library, bookcase, or desk, when not in use. This copy of the School Laws is revised to date, including the laws of the special session of 1920. The School Laws, official opinions, and suggestions should be helpful to you in the discharge of your official duties. If you will read and study the School Laws you and your school will be benefited, and by so doing you also may be saved legal or other school difficulties. Sincerely, LORRAINE ELIZABETH WOOSTER, 1920. State Superintendent Public Instruction. (3) TABLE OF CONTENTS. Chapter page MALICIOUS DESTRUCTION OF PROPERTY 2 LETTER OF TRANSMITTAL 3 Educational provisions of the organic act 5 Educational provisions of the constitution 5 Educational provisions of the act of admission 7 Laws relating to the common schools of Kansas 9 Auditing accounts I 9 Bonds II 12 Business colleges III 31 Certification of teachers IV 33 Child labor V 50 Cities VI 53 Compulsory education VII 85 Consolidation VIII 91 County school fund IX 94 County superintendent X 96 Districts XI 112 Extension work XII 143 Fines and penalties XIII 144 Fire protection XIV 145 High schools XV 148 Industrial education XVI 179 Industrial-school pupils XVII 183 Juvenile court XVIII 184 Kindergartens XIX 196 Lsnguage, exclusive use of English specified XX 197 Levies XXI 198 Levies for emergency cases XXII 200 Libraries XXIII 2G2 Night schools XXIV 205 Normal institutes XXV 207 Normal training XXVI 210 Patriotism XXVII 212 Retirement fund XXVIII 214 School-fund commissioners XXIX 217 State annual school fund . XXX 227 State department of education . . XXXI 228 Textbooks . . XXXII 234 Tobacco and cigarettes XXXIII 246 Warrants and bonds lost and destroyed . . . XXXIV 248 Warrants, registration of XXXV 249 Willard, Frances Willard Day XXXVI 252 INDEX . . 253 (4) EDUCATIONAL PROVISIONS OF THE ORGANIC ACT. [91] l SECTION 34. And be it further enacted, That when the lands in the said territory shall be surveyed under^the direction of the government of the United States, preparatory to bringing the same into market, sections numbered 16 and 36 in each township in said territory shall be and the same are hereby reserved for the purpose of being applied to schools in said territory and in the states and territories hereafter to be erected out of the same. Approved May 30, 1854. EDUCATIONAL PROVISIONS OF THE STATE CONSTITUTION. ARTICLE II. [163] SECTION 23. The legislature, in providing for the formation and regulation of schools, shall make no distinc- tion between the rights of males and females. ARTICLE VI. [203] SECTION 1. The state superintendent of public in- struction shall have the general supervision of the common- school funds and educational interests of the state, and perform such other duties as may be prescribed by law. A superin- tendent of public instruction shall be elected in each county, whose term of office shall be two years, and whose duty and compensation shall be prescribed by law. [204] SEC. 2. The legislature shall encourage the pro- motion of intellectual, moral, scientific and agricultural im- provement, by establishing a uniform system of common schools, and schools of a higher grade, embracing normal, pre- paratory, collegiate and university departments. [205] SEC. 3. The proceeds of all lands that have been or may be granted by the United States to the state for the support of schools, and the 500,000 acres of land 2 granted to the new states under an act of Congress distributing the pro- ceeds of public lands among the several states of the Union, 1. See note at top of page 9. 2. This money was never in the school fund. (5) 6 CONSTITUTIONAL PROVISIONS. approved September 4, A. D. 1841, and all estates of persons dying without heir or will, and such per cent as may be granted by Congress on the sale of lands in this state, shall be the common property of the state, and shall be a perpetual school fund, which shall not be diminished, but the interest of which, together with all the rents of the lands, and such other means as the legislature may provide by tax or other- wise, shall be inviolably appropriated to the support of com- mon schools. [206] SEC. 4. The income of the state school funds shall be disbursed annually, by order of the state superintendent, to the several county treasurers, and thence to the treasurers of the several school districts, in equitable proportion to the number of children and youth resident therein, between the ages of five and twenty-one years: Provided, That no school district in which a common school has not been maintained at least three months in each year shall be entitled to receive any portion of such funds. [207] SEC. 5. The school lands shall not be sold unless such sale shall be authorized by a vote of the people at a general election; but, subject to revaluation every five years, they may be leased for any number of years not exceeding twenty-five, at a rate established by law. [208] SEC. 6. All money which shall be paid by persons as an equivalent for exemption from military duty; the clear proceeds of estrays, ownership of which shall vest in the taker-up, and the proceeds of fines for any breach of the penal laws, shall be exclusively applied in the several coun- ties in which the money is paid or fines collected, to the sup- port of common schools. [209] SEC. 7. Provision shall be made by law for the es- tablishment, at some eligible and central point, of a state university, for the promotion of literature and the arts and sciences, including a normal and an agricultural department. All funds arising from the sale or rents of lands granted by the United States to the state for the support of a state univer- sity, and all other grants, donations, or bequests, either by the state or by individuals, for such purpose, shall remain a per- petual fund, to be called the "University fund"; the interest of which shall be appropriated to the support of the state university. [210] SEC. 8. No religious sect or sects shall ever con- trol any part of the common-school or university funds of the state. [211] SEC. 9. The state superintendent of public instruc- tion, secretary of state and attorney-general shall constitute a board of commissioners for the management and investment of the school funds. Any two of said commissioners shall be a quorum. (Constitution ratified by the people October 4, 1859.) CONSTITUTIONAL PROVISIONS. EDUCATIONAL PROVISIONS OF THE ACT OF ADMISSION. [290] SECTION 3. ... First: That sections numbered 16 and 36, in every township of public lands in said state, and where either of said sections or any part thereof has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as may be, shall be granted to said state for' the use of schools. Second: That seventy-two sections of land shall be set apart and reserved for the use and support of a state university, to be selected by the governor of said state, subject to the ap- proval of the commissioner of the general land office, and to be appropriated and applied in such manner as the legislature of said state may prescribe for the purpose aforesaid- but for no other purpose. Approved January 29, 1861. LAWS RELATING TO THE COMMON SCHOOLS OF KANSAS. NOTE. The figures enclosed in brackets, thus [9177], refer to the paragraph numbers in the General Statutes of 1915; the section numbers, beginning on this page, are in consecutive order, for convenience of reference. For example : If it is desired to quote a section of the law, reference should be stated thus: "Section , School Laws of 1917, section , General Statutes of 1915." Official opinions will be found in the notes at the bottom of the pages. CHAPTER I. Auditing Accounts. ARTICLE I. 1. Auditing authorized and specified. 2. Publication of report. 3. Auditing committee. 4. Qualifications, oath and pay of mem- ;5. Filing report. 6. Petition of taxpayers for auditing, 7. Failure to report. 8. Information to be given committee. bers of auditing committee. 1. Auditing Authorized and Specified. That in the month of May in each year, after the election and qualification of the city officers and members of the board of education, the mayor and city commissioners, or mayor and councilmen of each city of the first class in the state of Kansas, may cause a full and complete audit of the financial affairs of said city and the affairs of the board of education of said city to be made for the preceding two years; said audit shall embrace all moneys re- ceived from every source whatsoever, giving in detail the dates, the amounts, and sources from which received and the same shall be itemized in detail and shall be made in duplicate ; said audit shall also embrace in detail all moneys paid out, the date of the payment, to whom paid, the amount of the payment and for what services, property or consideration the same was so paid; also including all bonds issued, the amount of the same and for what the same were issued, the amount for which the same were sold, the rate of interest the bonds bear, to whom issued or sold, the premium received on the same and whether the same were sold at private or public sale, or on bids ; also ta what fund the proceeds were credited ; also show the amounts levied for a sinking fund on outstanding bonds or debts ; the amount received on account of such sinking fund ; the account to which the same was credited, the amount paid out on account of such sinking fund, and, in fine, all matters relating to the sinking fund shall be specifically shown. The series of bonds to which the sinking fund relates shall be shown; 'said audit shall also show the purchase or condemnation of all property for street and alley purposes, the acquirement of rights of way (9) 10_ . AUDITING ACCOUNTS. [CH. 1 for sewer purposes and also all land acquired by the city or board of education and all expenses of every kind incurred by the city or board of education, the amount thereof, to whom paid, the amount paid to each appraiser, giving his name and the time employed; each condemnation or appropriation of property shall be made separately and in detail and the same shall be made in duplicate and both signed as originals by the auditing committee or accountant, and certified by the city clerk, as correct; one copy shall be journalized and kept by the city clerk and the other shall be kept in the city clerk's office, for the use of the public at all times during business hours, for examination and making copies of the same, or any item or part thereof : Provided, That this act does not apply to cities having a population of less than 50,000 which have a city auditor. (Laws 1919, ch. 120, sec. 1.) 2. Publication of Report. That after the said audit is made, if a petition is filed with the city clerk, signed by one hundred taxpayers in said city, praying that the same be pub- lished in the official city paper, then the same shall be ordered published by the mayor and councilmen, or mayor and board of commissioners in such city, in twenty (20) days from the filing of such petition, and the same shall be paid for by the city at the same rate as other city printing is paid for, as provided by law. (Laws 1919, ch. 120, sec. 2.) 3. Auditing Committee. That the auditing committee shall consist of two persons, who shall be expert bookkeepers or public accountants, one selected by the city authorities and one by the judge or judges of the district court of the county in which the city is situated, upon an application filed with the judges by the city attorney of the city, or by five taxpayers, in the event that the city attorney does not make the application. (Laws 1919, ch. 120, sec. 3.) 4. Qualifications, Oath and Pay of Members of Auditing Committee. No person shall be appointed as an accountant who solicits the appointment, either directly or indirectly, or who has been employed by the city within two years prior to his appointment, or who is related to either of said judges, or any member of the city council or board of commissioners or a city official, or any member of the board of education, or who is, in any way, connected with, or related to, any person, who was a city official or member of the board of education within two years prior to the date of the appointment. And the said accountants shall take an oath to the facts set out in the report, referred to in section 1 hereinbefore, and also that they will each honestly, faithfully and truthfully perform their duties as set out in this act. Said accountants shall be paid not to exceed $15 per day and actual necessary expense for the time employed, and eight hours shall be counted as a day, and they CH. 1] AUDITING ACCOUNTS. 11 shall make oath of the time employed, and said accountants shall be entitled to a stenographer, to be furnished by the city, who shall make the report herein set forth, in duplicate. (Laws 1919, ch. 120, sec. 4.) 5. Filing Report. Said auditing committee shall make and file its report in duplicate in the month of July following the appointment. (Laws 1919, ch. 120, sec. 5.) 6. Petition of Taxpayers for Auditing. That if the said city officials shall fail, in the month of May, following the elec- tion of the city officials, to proceed to carry out the provisions of this act, then any five taxpayers may file a petition in the district court of the county, and the same shall be acted upon by the judge, or if more than one judge, by the judges of the district court of the county, in ten (10) days from the date of the filing thereof, and said judge or judges shall then appoint said persons to make the audit, and the city shall not have the power to make any appointment, and said appointees of the judge or judges shall make said audit or report, all as set out in this act, and the city shall pay for their services in twenty (20) days after the report is made and filed. (Laws 1919, ch. 120, sec. 6.) 7. Failure to Report. That if said auditing committee fails to make and file its report in duplicate within thirty-five (35) days from the date of its appointment, it shall forfeit all com- pensation, and if it fails to substantially comply with the terms of the act as to the matters, things and facts required to be set out in such report and in detail, no compensation shall be al- lowed to them for their services until the said report shall be fully corrected and amended, so as to show all of the facts, mat- ters and things required by this act. Said accountants may at any time within twenty days after filing of their said report make such corrections or amendments to said report as may be necessary to state the facts. (Laws 1919, ch. 120, sec. 7.) 8. Information to be Given Committee. That it is hereby made the duty of the city treasurer, the city clerk, the city en- gineer, mayor and councilmen of said city, or mayor and board of commissioners of said city, the president of the school board and the members thereof, the secretary of the school board and the treasurer of the school board and all other persons in the employ of the city, to furnish and give to said accountants all information they, or any of them, possess, which shall enalble such accountants to make said audit and report complete, and all said officials hereinbefore mentioned shall place at the dis- posal of said accountants all records, books, papers, documents, checks, vouchers, receipts and memoranda in their possession or under their control that the said accountants may need and demand to enable them to make said report fully and correctly, as hereinbefore set forth. (Laws 1919, ch. 120, sec. 8.) 12 BONDS SCHOOL DISTRICT. [CH.2 CHAPTER IL Bonds. ARTICLE I. School-district Bonds. 9. Purposes for which district bonds may I 20. Penalty for issuing bonds without au- be issued and restrictions concern- ing the same. 10. Bond elections; notices of, and how conducted. 11. Denominations, rates of interest, and disposal of bonds. 12. Limitations modified. 13. Authority of school-fund commissioners. 14. Application to vote additional bonds. 15. Hearing of application. 16. Limit of bonds in certain cities. 17. Bonds must be registered. 18. Sinking-fund, how provided and in- vested. 19. Interest credited to sinking-fund. thority, and for misappropriation of the proceeds. 21. Final disposition of paid bonds and coupons. 22, 23. Bonds belonging to the state per- manent school fund may be paid or refunded before maturity. 24. Payable at the state treasurer's office. 25. State treasurer to furnish statement. 26. Remittance of funds to state treas- urer. 27. Bonds to be canceled by state trens urer. 28. Penalty for city and county treasurers refusing to act. 9. School-district Bonds; Purpose. That section 9177 of the General Statutes of Kansas for 1915 be amended to read as follows : Sec. 9177. That for the purpose of erecting and equip- ping, or purchasing and equipping, one or more schoolhouses in and for any school district in the state of Kansas, the board of directors of the same shall have power to issue the bonds of the district in an amount not to exceed five per cent of its tax- able property, as shown in the last assessment thereof: Pro- vided, That this limitation shall not apply to bonds heretofore legally voted. And for the purpose of extending the time of payment of the bonded indebtedness of any school district, the board of directors of the same shall have power to issue the bonds of the district in a sum not to exceed in amount its out- standing bonded indebtedness : Provided, That no such bonds shall be issued until at an election called for that purpose the question shall have been submitted to the qualified electors of the district, and a majority of all the qualified electors voting on the proposition shall have declared by their ballots in favor of issuing the same: 3 And provided further, That no such elec- tion shall be ordered unless a petition, stating the purpose for which the bonds are to be issued, and signed by at least one- half of the qualified electors of said district, shall have been presented to the district board praying that a vote be taken for the issuing of such amount of bonds as may be asked for therein: And provided further, That it shall be unlawful for any school district to create any bonded indebtedness unless there are at least fifteen persons between the ages of five and twenty-one vears actually residing within the limits thereof, as shown by a sworn census return, taken by the direction of 3. The Australian ballot law does not apply to school-bond elections. CH. 2] BONDS SCHOOL DISTRICT. 13 the board of directors of such school district. 4 (Laws 1920, ch. 53, sec. 1.) 10. Election. [9178] Whenever such a petition, so signed, shall be presented to the board of directors of any school dis- trict, praying that a vote be taken on the question of issuing the bonds of the said district, it shall be the duty of the district board immediately to order an election for the purpose of determining the question of the issuing of bonds as prayed for, and forthwith to give notice, by posting written or printed notices, signed by the clerk, in five of the most public places in the district, which notices shall be posted up at least ten days 5 before such election, and shall state therein the object for which the election was called and the manner in which the question shall be voted upon. 6 That said election shall be conducted in all respects as ,are general elections under the laws of the state, except that females of the age of twenty-one years shall be entitled to vote at all such elections, subject only to the exceptions applied to males ; and the returns of the elec- tion shall be the same, except that they shall be made to the district board. (Laws 1879, ch. 49, sec. 2.) 11. Issuance. [9179] The bonds herein provided for shall be issued in denominations of not less than $100 nor more than $500 each ; T they shall bear interest at a rate not to ex ceed six per cent per annum, payable semiannually on the 1st days of January and July of each year, at such place as shall be designated in the bonds, the principal of the bonds being 4. Build Schoolhouse. School districts having less than fifteen children of school age within their limits are, by the terms of the law providing for the issuance of school-district bonds, prohibited and debarred from raising funds for the building or purchase of schoolhouses by the issuance of school-district bonds. Such school districts can provide funds for the building of schoolhouses by issuing school-district warrants, to the extent and within the limitation of section 8913, General Statutes of 1915 (sec- tion 320 of this book), but not otherwise. It is within the power of school districts, under said section, to vote a tax annually, not exceeding six and three-fourths mills on the taxable property in the district, for school pur- poses, and to distribute such portion of the amount of such tax as the school meeting shall deem proper for the purpose of building, hiring or purchasing a schoolhouse for the district. Beyond this the district can not go. School warrants for 'building schoolhouses cannot be issued in excess of the amount authorized by law, upon the expectation that in subsequent years the school district will provide funds for the payment of the same by taxation. (See section 13.) 5. Ten days should intervene between the date of posting the election notices and the day of the election, without counting either of the two dates. 6. The utmost care should be had in complying with the law in every detail; otherwise the bonds may be invalid or their sale affected by their unfavorable history. 7. Bonds should be issued in denominations of $100, $200, and $500 to conform to the printed bonds furnished to districts by the School-fund Commissioners. 14 BONDS SCHOOL DISTRICT. [CH. 2 made payable within fifteen years from their date. These bonds shall specify on their face the date of issue, amount, for what purpose and to whom issued, the time they run, the rate and times of payment of interest, and shall have coupons at- tached for the interest as it becomes due, said coupons being so arranged that the last one shall fall due at the time of the maturity of the bond. Said bonds and the coupons thereto attached shall be signed by the director and countersigned by the clerk, and after registration by the county clerk shall be negotiable and transferable by delivery, and may be dis- posed of by the district board at not less than ninety-five cents on the dollar, and the proceeds of the same applied as provided for in the petition at which issuance of the bonds was au- thorized. (Laws 1879, ch. 49, sec. 3.) 12. Limitations Modified. [10889] The limitations placed by the statutes upon the voting of bonds in cities and school districts for the purpose of erecting school buildings may be modified as in this act provided. (Laws 1911, ch. 257, sec. 1.) 13. Authority of School-fund Commissioners. [10890] That section 10890 of the General Statutes of Kansas for 1915 is amended to read as follows : Sec. 10890. That the board of school-fund commissioners of the state of Kansas is hereby authorized and empowered to make an order authorizing any city or school district to vote bonds for the purpose of erecting school buildings to an amount of not more than one hundred per cent in excess of, and in addition to, the amount of bonds that may be voted under laws now in force. (Laws 1919, ch. 275, sec. 1.) 14. Application to Vote Additional Bonds. [10891] The power of the said board of school-fund commissioners herein may be invoked by the filing with it of an application by the board of education of a city or by the school-district board of a school district that the permission of the said board of school- fund commissioners be given for the voting and issuance of additional bonds as provided in the preceding section. The said application shall be accompanied by a petition to the board of education or the school-district board, signed by not less than one-half of the number of electors who may be entitled to vote for an issuance of bonds under the laws in force at the time of the taking effect of this act, requesting that an application as hereinbefore provided shall be filed with the said board of school-fund commissioners. Notice of the intention to file such application shall be given to the electors by a publication in the official county paper, in form to be prescribed by the said board of school-fund commissioners ; and the said board shall also pre- scribe all rules and regulations which may be found necessary to properly carry out the provisions of this act, including rules in relation to the evidence required in support of the applica- OH. 2] BONDS SCHOOL DISTRICT. 15 tion and the method of furnishing such evidence. (Laws 1911, ch. 257, sec. 3.) 15. Hearing of Application. That section 10892 of the General Statutes of Kansas for 1915 is amended to read as follows: Sec. 10892. The said application shall be heard by the board of school-fund commissioners upon a day fixed, and the board of education or school district board be so notifiedj and which hearing shall be in the office of the state superin- tendent of public instruction in the state house at Topeka; and the said board shall make an order either granting or denying said application ; and if the order made shall grant the appli- cation and call for an election to vote upon the question of issuing said increased amount of bonds, the election so called shall be held in all respects as is provided by laws in opera- tion at the time of the taking effect of this act, and any bonds so voted and issued pursuant to such election shall be in all respects legal and valid bonds of the city or school district which votes and issues them. (Laws 1920, ch. 53, sec. 2.) 16. Limit of Bonds in Certain School Districts. That in all school districts within the state of Kansas having an as- sessed valuation of not less than $1,500,000 and not more than $1,700,000 on petition of 51% of the legal voters thereof, the board of county commissioners of the county wherein such school district may be located shall call a special election for the purpose of voting bonds in a sum not in excess of 3% of the taxable value of the property located in such school district for the purpose of building school buildings in such school dis- tricts and the said county commissioners shall be governed by all the laws governing the issuance of bonds as provided by the statutes of the state of Kansas. (Laws 1917, ch. 278, sec. 4.) 17. Registration. [9180] Before delivering any school- district bonds, the board of directors of the district issuing the same shall cause them to be registered with the clerk of the county in which the said district is located. And it shall be the duty of the county clerk, on presentation of any school bonds for registry, to register the same in a book prepared for that purpose, which register shall contain (1) the number of the district; (2) the number of the bond; (3) date of bond; (4) to whom payable ; (5) when [where] payable; (6) when due; (7) when interest is due; (8) amount of bond. The county clerk shall furnish one copy of his register to the county treasurer, and forward one copy to the state superintendent, together with a statement showing, (1) the number of sec- tions of land in the district issuing such bonds; (2) the num- ber of acres of land assessed and subject to taxation in said district; (3) the assessed valuation of taxable lands; (4) the assessed valuation of all personal property in such district; which statement shall be signed by each member of the school 16 BONDS SCHOOL DISTRICT. [CH. 2 board issuing the bonds, and the county clerk shall certify un- der the official seal of his office to the correctness of the state- ment and the genuineness of the signatures attached thereto. (Laws 1879, ch. 49, sec. 4.) 18. Interest and Sinking Fund. [9181] It shall be the duty of the board of county commissioners of each county to levy, annually, upon all the taxable property in each district in such county, a tax sufficient to pay the interest accruing upon any bonds issued by such district, and to provide a sink- ing fund for the final redemption of the bonds, such levy to be made with the annual levy of the county and the taxes collected with the other taxes, and when collected shall be and remain in the hands of the county treasurer, a specific fund for the payment of the interest upon such bonds, and for their final payment at maturity: 8 Provided, That moneys in the hands of the county treasurer belonging to the sinking fund of the sev- eral school districts in such county shall be invested by the county treasurer, (1) in the bonds of the district to which said sinking fund belongs, provided such bonds can be purchased at a price not exceeding their market or par value; (2) in the bonds of other school districts of this state maturing before the bonds for which such fund is raised, provided the same can be purchased at a price not exceeding their market or par value ; (3) in the bonds of the state of Kansas, or of the United States. (Laws 1879, ch. 49, sec. 5.) 19. Interest Credited to Sinking Fund. [681] That when- ever any city, township or school district sinking fund shall amount to $500 and shall have been in the hands of the county treasurer for the period of one year, it shall be the duty of such treasurer, and he is hereby required, to credit any such sink- ing fund with its proportional share of the interest thereafter accruing from the deposit by such treasurer of the public moneys in banks as provided by law, and thereafter such in- terest shall belong to and be a part of such sinking fund, and the same shall no longer belong to the county. (Laws 1911, ch. 288, sec. 1.) 20. Penalty for Issuing Illegally. [9182] If any school- district officer, whose duty it is under the provisions of this act to issue or assist in any manner in the issuance of the bonds of any school district, shall prepare, sign or deliver, or aid, counsel or assist in preparing, signing or delivering, or shall cause to be prepared, signed, or delivered, any bond or bonds of any school district, at any time before such bond or bonds are authorized by this act to be prepared, signed or delivered, such officer shall be guilty of a felony, and upon conviction shall be fined in a sum of not less than $500 nor more than 8. The sinking fund can not legally be used in payment of any other obligation than that for which it was levied. CH. 2] BONDS SCHOOL DISTRICT. 17 $5000, or by imprisonment in the penitentiary for not less than one year and not longer than five years, or by both such fine and imprisonment. And if the board of directors of any school district, or any member thereof, shall use or dispose of any school district bonds, or the money accruing from the sale of such bonds, in any other manner or for any other pur- pose than that for which the same was created or intended, he or they shall be liable to be punished by fine in any sum not less than $1,000, by information or indictment in any court of competent jurisdiction, or by imprisonment in the county jail not more than six months, or by both such fine and imprison- ment. (Laws 1879, ch. 49, sec. 6.) 21. Final Disposition. [9183] On the payment of the bonds or coupons of any school district, the county treasurer shall irffmediately cancel the same, and indorse thereon the date of payment; and at the time of his settlements with the several school-district treasurers of his county he shall de- liver to each the canceled bonds and coupons of his district, and take a receipt therefor, and such canceled bonds and coupons shall be destroyed by the district treasurer in the presence of all the officers of the district, a complete record of their destruction being made by the district clerk. On the last Saturday of July of each year, each and every county treasurer shall make to the clerk of his county a detailed re- port of all the bonds and coupons canceled during the year, and the date of payment of the same, accompanied by the receipts given by district treasurers therefor; and the county clerk shall immediately thereafter cancel the registry of all such bonds and coupons by indorsing thereon the date of payment of each. (Laws 1879, ch. 49, sec. 7.) NOTE. All school bonds must first be offered to the School-fund Com- mission, and the commission has the option to purchase same at not more than par. (See section 652 of this book.) 22. Payment before Maturity. [9267] If at any time any board of education, school district, township, county or city of any class shall have accumulated in the treasury sink- ing fund sufficient to pay in full any bond or bonds issued by such board of education, school district, township, county or city of any class before the maturity, the state permanent school fund, State Normal School fund, or the University per- manent school fund, or Agricultural College endowment fund being the holders thereof, such board of education, school district, township, county or city of any class may pay the same to the state treasurer at the time any interest coupon is due, and take up such bond or bonds, and the state treasurer is hereby authorized to receive the same and cancel such bond or bonds and the unmatured coupons attached thereto, and deliver the same so canceled to the officer paying the amount: Pro- vided, That the state treasurer, before delivering said bond or 18 BONDS SCHOOL DISTRICT. [CH. 2 bonds, shall present the same to the auditor of the state, to- gether with a statement showing the amount of coupons upon which no moneys have been received, and upon examining such statement, and comparing with the coupons attached to such bond or bonds, the auditor shall credit the treasurer with the amounts shown to be canceled before maturity. (Laws 1905, ch. 382, sec. 1.) 23. Payment before Maturity Additional Provisions. [702] Whenever any county, city, township or school district in this state shall owe any outstanding and unmatured bonds, and at the same time shall have in its treasury any sinking- funds raised to pay such bonds, the proper officers of such county, city, township or school district may use such funds to purchase or pay any of such bonds and cancel the same, when- ever they can be so purchased or paid at or below par, or at such reasonable price above par as may be requested by a ma- jority of the resident taxpayers of such county, city, township, or school district, and which request may be made by a written petition to that effect, directed to such officers. (Laws 1905, ch. 72, sec. 1.) 24. Payable at State Treasury. [692] From and after the taking effect of this act all bonds issued by the state, or any county, townslyp, municipality, or school district, and the in- terest coupons thereon, shall be made payable at the office of the state treasurer, in the city of Topeka, in the state of Kan- sas. (Laws 1908, ch. 58, sec. 2.) 25. State Treasurer to Furnish Statement. [9256] At least thirty days before the maturity of any bonds or coupons belonging to the permanent school fund or sinking fund, it shall be the duty of the state treasurer to furnish a detailed statement to each county or city treasurer, or the treasurer of any board of education, of the amount due from them re- spectively, describing in such statement the number of the district or the name of the city, the amount of interest due, and the amount of principal due, if any. (Laws 1877, ch. 174, sec. 2.) 26. Remittance of Funds. [9257] It shall be the duty of each county and city treasurer, and the treasurers of boards of education, to remit to the state treasurer, at least ten days before the maturity of any bonds or coupons, all moneys col- lected by them for the redemption of such bonds and coupons, and all express charges and postage shall be a proper charge against such city or school district and shall be allowed to such treasurer on settlement. (Laws 1877, ch. 174, sec. 3.) 21. Cancellation. [9258] On receipt of any funds by the state treasurer, he shall immediately cancel all coupons or bonds for which funds are remitted, and return such coupons or bonds to the office of the treasurer remitting the same (Laws 1877, ch. 174, sec. 4.) CH.2] BONDS REFUNDING. 19 28. Penalty. [9259] Any county or city treasurer, or treasurer of any board of education, who shall neglect or re- fuse to perform the duties required of him by this act, shall be liable to the state in a sum equal to double the amount of such bonds or coupons remaining unpaid by reason of such neglect or refusal, which may be recovered in a suit at law against such treasurer and his bondsmen; and it is hereby- made the duty of the county attorney of the proper county, upon the request of the attorney-general, to prosecute all such suits. (Laws 1877, ch. 174, sec. 5.) ARTICLE II. Refunding Bonds. 30. 31. 32. 33. 29. Bonded indebtedness may be refunded. Bonds shall be signed by whom. Bonds issued, how and when. Bonds issued for payment of out- standing warrants. Amounts, time, registration and pay- ment of bonds for outstanding in- debtedness. Bonds to retire floating indebtedness of townships and school districts. 35. Time, registration and payment of bonds for floating indebtedness. 36. Payable at state fiscal agency. 37. Cancellation of bonds. 38. Bond records. 39. Registration of bonds by auditor. 40. Registration of bonds by county clerk. 41. Indebtedness not to be increased. 34 42. Annual levy fund. 43. County treasurer for interest and sinking may make levy, 44. Sinking fund, when and how created. 45. Investment of sinking fund. 46. Coupons paid and destroyed. 47. Penalty for wrongful use of money. 48. Coupons when due shall be receivable for taxes by corporation issuing. 49. Merged districts may refund bonds. 50. Form of bonds. 51. Commissioners to levy. 52. Suits against merged districts. 53. May take up merged-district bonds. 54. Law governing such indebtedness. 55. Bonds of disorganized districts. 58. Outstanding indebtedness in certain districts. 29. Bonded Indebtedness May be Refunded. [642] Every county, every city of the first, second or third class, the board of education of any city, every township and every school dis- trict is hereby authorized and empowered to compromise and refund its bonded indebtedness, including coupons and judg- ments thereon, upon such terms as can be agreed upon, and to issue new bonds with semiannual interest coupons attached in payment for any sums so compromised; which bonds shall be sold at not less than par, shall not be for a longer period than thirty years, shall not exceed in amount the actual amount of outstanding indebtedness, inclusive of attached coupons, and shall not draw a greater interest than six per cent per annum. No indebtedness of any kind shall be funded or refunded under the provisions of this act except bonded indebtedness actually existing at the time of the passage of this act or hereafter legally created; and nothing herein contained shall be con- strued to validate or invalidate any existing bonded indebted- ness : Provided, That whenever any of the property of any city of the first class having a population of 40,000 and over is sub- ject to an indebtedness consisting of mortgage bonds, and such city of the first class has paid in cash more than fifty per cent of the purchase price of such property, then such mortgage bonds shall be deemed to be bonded indebtedness of such city within the meaning of this act. (Laws 1911, ch. 67, sec. 1.) NOTE. Maturing interest coupons may be included, but unearned in- terest coupons should not be included. (See Kelly v. Cole, 63 Kan. 386.) 20 BONDS REFUNDING. [CH. 2 30. Bonds Shall be Signed by Whom. [643] Bonds issued under this act by any county shall be signed by the chairman of the board of county commissioners, and attested by the county clerk, under the seal of the county. Bonds issued by any city shall be signed by the mayor, and attested by the city clerk, under the seal of the city. Bonds issued by any town- ship shall be signed by the trustee, attested by the township clerk, and countersigned by the township treasurer. Bonds issued by the board of education of any city shall be signed by the president, and attested by the clerk of the board, under the seal of such board. Bonds issued by any school district shall be signed by the director, attested by the clerk, and countersigned by the treasurer of the school-district board, and the coupons shall be signed by the mayor, president, director, trustee, or chairman of the board of county commissioners, and the clerks, respectively. Such bonds may be in any denomination, from $100 to $1,000, and made payable at such place as may be designated upon the face thereof, and they shall contain a recital that they are issued under this act. (Laws 1879, ch. 50, sec. 2.) 31. How Issued and When. [644] When a compromise has been agreed upon, it shall be the duty of the proper officers to issue such bonds at the rate agreed upon to the holder of such indebtedness, in the manner prescribed in this act; but no bonds shall be issued under this act until the proper evi- dence of the indebtedness for which the same are to be issued shall be delivered up for cancellation : Provided, That no bonded indebtedness shall be refunded by the board of county com- missioners, or any mayor and city council, or any board of trustees of any township, or any school-district board, or board of education, under this act, except such as have been issued and outstanding at least two years at the time of such refunding : And providing further, That except for the refund- ing of outstanding debt, including outstanding bonds and ma- tured coupons thereof, or judgment thereon, no bonds of any class or description shall hereafter be issued where the total bonded indebtedness of such county or township would thereby exceed one per cent 9 of the assessment for taxation, as shown by the last finding and determination by the proper board of equalization, or of such city, school district or board of educa- tion exceed one and one-fifth per cent of such assessment ; but this restriction shall not apply to cities of the first class. (Laws 1909, ch. 62, sec. 2.) 32. Bonds Issued for Payment of Outstanding Warrants. [653] That the school districts in the state of Kansas, prior to the passage of this act having outstanding warrants repre- 9. Bonds can not be issued to exceed one and one-half per cent for all purposes, except as provided in sections 12 to 15. (See section 9.) CH. 2] BONDS REFUNDING. 21 senting valid indebtedness of the districts be, and they are hereby empowered and authorized by and through their duly elected, constituted and appointed boards of directors or duly elected, qualified and acting boards of education to compromise and refund such indebtedness upon such terms as can be agreed upon and to issue the bonds of said district in any amount not to exceed the actual value of said warrant indebted-- ness, nor to exceed five per cent of the assessed valuation of all the taxable property in said district as ascertained by the assessor of the year 1910 ; that said bonds may be issued in any amount not less than one hundred dollars, nor more than five hundred dollars, with semiannual interest coupons at- tached and shall be issued in all respects in conformity to, and in accordance with an act entitled "An act to enable counties, municipal corporations, boards of education of any city and school district to refund their indebtedness," being general sections 588 to 598, inclusive, of the General Statutes of 1909 : Provided^ That no limitation expressed in either act shall apply to bonds issued under this act. (Laws 1913, ch. 276, sec. 1.) 33. Amounts, Time, Registration and Payment of Bonds for Outstanding Indebtedness. That any county, township, city or school district in this state now having authority, or that may hereafter be authorized to refund its outstanding indebt- edness shall issue such refunding bonds in installments of approximately equal amounts each year, none of which re- funding bonds shall run for a longer period than thirty years, nor bear interest to exceed six per centum per annum, and shall annually thereafter levy a tax in the same manner as other taxes are now levied to pay the installments of the principal and interest of such bonds next thereafter maturing, and col- lected in the same manner as may be provided by law for the collection of other taxes, it being the intention of the legislature to require that an aliquot part of the principal of such refunded bonds shall be paid annually. (Laws 1919, ch. 95, sec. 1.) 34. Bonds to Retire Floating Indebtedness of Townships and School Districts. Upon the presentation of a petition signed by 51 per cent of the taxpayers of any township or school district, the board of township trustees of the various counties of the state of Kansas and the boards of education be and are hereby authorized and empowered to issue the bonds of such township or school district in an amount sufficient to re- deem and refund all outstanding floating indebtedness against such townships or school districts existing at the time of the passage of this act, including accumulated interest on out- standing warrants. The bonds shall be known and deemed as Funding Bonds," and shall be issued in denominations in not less than one hundred ($100) dollars nor more than one thousand ($1,000) dollars, with interest coupons attached and shall bear interest at a rate not greater than six per cent 22 BONDS REFUNDING. [CH. 2 (6%) per annum, payable semiannually the first days of Janu- ary and July in each year : Provided, however, That any town- ship or school district not desiring to issue bonds hereinbefore provided for may levy a tax in lieu thereof, not exceeding three-tenths of a mill on the dollar of the taxable property in such township or school district, for the purpose of redeeming its outstanding and floating indebtedness : Provided, That this act shall not apply to boards of education or school districts pertaining to cities of the first class. (Laws 1919, ch. 96, sec. 1.) 35. Time, Registration and Payment of Bonds for Float- ing Indebtedness. That said bonds shall be payable in not more than thirty years from the date thereof, and may be made payable in installments and shall be payable at the office of the fiscal agency of the state of Kansas at such time within the period aforesaid as the board of township trustees or boards of education shall designate. Each bond shall bear on its face the amount thereof, the rate of interest it bears, the number of such bonds, when issued, when and where payable, for what purpose issued, and be payable to bearer; which bonds to- gether with the coupons thereto attached shall be signed by the chairman of the board and attested by the clerk of the county and each bond shall have the impression of the seal of the county thereon: Provided, That said bonds shall not be sold until registered in the office of the county clerk and the office of the auditor of state and shall not be sold for less than par. (Laws 1919, ch. 96, sec. 2.) 36. Payable at State Fiscal Agency. That said bonds shall be payable in not more than thirty years from the date thereof, and may be made payable in installments and shall be payable at the office of the fiscal agency of the state of Kansas at such time within the period aforesaid as the board of town- ship trustees or boards of education shall designate. Each bond shall bear on its face the amount thereof, the rate of interest it bears, the number of such bonds, when issued, when and where payable, for what purpose issued, and be payable to bearer; which bonds together with the coupons thereto at- tached shall be signed by the chairman of the board and at- tested by the clerk of the county and each bond shall have the impression of the seal of the county thereon : Provided, That said bonds shall not be sold until registered in the office of the county clerk and the office of the auditor of state and shall not be sold for less than par. (Laws 1917, ch. 330, sec. 2.) 37. Cancellation of Bonds. It is hereby made the duty of the fiscal agents of the state of Kansas upon the payment of any bond of any municipality mentioned in section 1 of this act to cancel the same and deliver it to the auditor of state, whose duty it shall be to cancel the same of record in his office CH. 2] BONDS REFUNDING. 23 and to return said canceled bond to the clerk of the munici- pality issuing same. No fee shall be charged said municipality by any of the officers mentioned above in connection with the registration or cancellation of said bonds : Provided, however, That this provision shall not apply to the regular statutory fiscal agency fees. (Laws 1919, ch. 93, sec. 3.) 38. Bond Records. It is hereby made the duty of the audi- tor of state to revise the bond records in his office by canceling of record all bonds which have heretofore been paid, and for the purpose of enabling him to carry out the provisions of this act it is hereby made the duty of the clerk of each city, county, township, school district, drainage district, board of education or other municipal corporation, to furnish to the said auditor of state a sworn statement of all outstanding bonded indebted- ness in such form as said auditor shall direct, and said clerks shall render any other necessary assistance required in the perfecting of said records. (Laws 1919, ch. 93, sec. 4.) 39. Registration of Bonds by Auditor. That before any bond hereafter issued by any city, county, township, school district, board of education, drainage district or other munici- pal corporation or district shall become a valid obligation a full and complete transcript properly certified of the pro- ceedings leading up to its issuance shall be filed with the audi- tor of state and said bond shall be registered in the office of the auditor of state in proper records kept for that purpose, and after being so registered, the state auditor shall under the seal of his office certify upon said bonds the fact that they have been so registered. (Laws 1919, ch. 93, sec. 1.) 40. Registration of Bonds by County Clerk. Section 645 of the General Statutes of 1915 is amended to read as follows : Sec. 645. The clerk of every county, city, township, school district, drainage district, board of education, and other dis- tricts authorized to issue bonds, issuing bonds, shall register the same in his office. Such bonds shall also, in every case, except city bonds and bonds issued by boards of education, be registered by the county clerk, showing the date, number and amount thereof, rate of interest, number of coupons and amount of each, to whom payable, where payable, date of ma- turity, and if optional, under what conditions. And all bonds refunded shall have the words "Paid in full" marked in a plain manner across the face of each bond and coupon so re- funded; and such canceled obligation shall be carefully pre- served in the office of the county clerk, or destroyed by the county commissioners, a register of the number, amount and date of issue having -been first made by the county clerk. The proper officers shall, at the time of issuing refunding bonds, make out and transfer to the auditor of state a certified state- ment of all proceedings had by the proper board or city coun- cil, as shown of record, and that the said bonds have been 24 BONDS REFUNDING. [CH. 2 issued for certain indebtedness surrendered, distinctly de- scribing the bonds issued and the indebtedness surrendered, and that they have been duly registered by the attesting clerk and the county clerk, as required herein ; which statement shall be in such form and include such other information as the auditor of state may require, and be signed by all the officers whose signatures are attached to such bonds, and attested by the proper clerk with the corporate seal of the county, city, township, school district, drainage district, or board of edu- cation, if any, and be duly acknowledged before the county clerk. And the auditor shall register the said bonds in his office in a book kept for that purpose, and shall under seal of his office certify upon such bonds the fact that they have been so registered. (Laws 1919, ch. 93, sec. 2.) 41. Indebtedness Not to be Increased. [646] In all cases in which any county, city, township, the board of educa- tion of any city, or school district, shall effect a compromise of its indebtedness under this act, at a rate of sixty-five per cent or less upon the amount of such indebtedness, and shall issue bonds therefor under the provisions of this act, such county, city, township, the board of education of any city or such school district so compromising at such a rate, shall never increase its indebtedness beyond the amount of such refunding bonds so issued under this act until the same are paid or liquidated, and any bonds that may be issued or indebtedness created in addition to isuch amount of refunding bonds so is- sued shall be absolutely null and void. (Laws 1879, ch. 50, sec. 5.) 42. Annual Levy. [647] In every instance in which any county, city, township, the board of education of any city, or any school district, shall issue bonds under this act, it shall be the imperative duty of the proper officers of such county, city, township, the board of education of any city, or of such school district, whose duty it may be to levy taxes, to annually levy, at the time of making the levy of other taxes, a tax suf- ficient in amount to pay the interest upon said bonds and the coupons as they become due, and to create a sinking fund as provided for in this act for the payment of the principal of ^uch bonds ; and if such officers fail or neglect to make such levy, it shall be the duty of the county clerk forthwith to levy such tax ; and in case any such officer shall neglect or refuse to levy any such tax at the time aforesaid, and in case any county clerk shall neglect or refuse to extend such tax upon the tax- roll of the county at the proper time, then, and in that case, any such officer so neglecting or refusing to levy or extend such tax shall be severally and individually liable, and 'shall also be liable upon his official bond to the holder of any such bond or coupon falling due during the year for which such tax should have been levied or extended for the full amount CH. 2] BONDS REFUNDING. 25 thereof, as soon as the same is due, which liability may be enforced in a civil action in the name of such holder; and any such officer so neglecting or refusing to levy or extend such tax shall also be deemed guilty of a misdemeanor, and on convic- tion thereof shall be fined in an amount equal to the amount which it may be shown should have been so levied or extended during such year, or imprisoned in the county jail for a term of not less than three nor more than twelve months. (Laws 1879, ch. 50, sec. 6.) 43. County Treasurer to Make Levy. [648] Should the proper officers whose duty it is to levy the taxes to pay such bonds and coupons fail or neglect to make such levy as pro- vided for in this act, it shall be the duty of the auditor of state, at any time thereafter, to ascertain the amount of interest and sinking fund or principal of such bonds, accrued and to accrue during that year, and shall certify the amount thereof to the treasurer of the county in which such bonds were issued, setting forth the amount thus due, and whether from the county or from a particular city, township, the board of education of any city or school district within such county; and it shall be the duty of such county treasurer, immediately upon receiving such certified statement from the auditor of state, to proceed to ascertain from the assessment roll of the county the amount of taxable property in such county, city, township, the board of education of any city, or such school district, and what percentage is required to be levied thereon to pay said interest and sinking fund or principal, and when so ascertained shall levy such percentage upon the taxable property of such county, city, township, the board of education of any city, or such school district, as may be liable thereto, and shall immediately place the same upon the tax-roll of the county, in a separate column or columns, designating the pur- pose for which said taxes are levied ; and the said taxes shall be collected by the county treasurer of such county in the same manner that other taxes are collected. And should such county treasurer neglect or refuse to levy such tax and place the same upon the tax roll for collection, as herein provided, he shall be personally liable, and also liable upon his official bond to the holder of any such bonds or coupons then due for the full amount thereof, and shall also be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the county jail for not less than three nor more than twelve months. (Laws 1879, ch. 50, sec. 7.) 44. Sinking Fund. [649] It shall be the duty of every county, city, township, the board of education of any city, and of every school district, issuing bonds under this act, and of the proper officers thereof, to create a sinking fund, and to levy annually a sufficient tax therefor, for the redemption of such bonds, which shall be collected as other taxes, and paid into 26 BONDS REFUNDING. [CH. 2 the treasury as provided by law for other taxes, and shall re- main as a specific fund for the redemption of said bonds; the amount of which sinking fund shall be as follows: In every instance in which bonds shall be issued under this act for twenty years or less, the quotient found by dividing the amount of the principal of such bonds by such number of years shall be the amount of sinking fund to be levied each year for the redemption of such bonds ; but in every instance in which such bonds shall be issued for more than twenty years, it shall not be necessary to create a sinking fund, or to levy a tax therefor, until the twentieth year prior to the maturity of such bonds, at which time, and each year thereafter, one-twentieth of the principal amount of such bonds shall be levied as a sink- ing fund for the redemption of such bonds : Provided, That any county, city, township, the board of education of any city, or any school district issuing bonds under this act, may buy in and cancel any such bonds whenever the .same can be done at or below par : And provided further, That such sinking fund, when not required for the payment or purchase of bonds, may be invested in bonds of the United States or of the state of Kansas, and in no other manner : And provided further, That under the provisions of this act, the proper officers are author- ized, if desirable, to issue installment bonds, running thirty years, having coupons attached representing the semiannual interest to become due thereon; and each coupon attached to any installment bond shall, after five years from its date, rep- resent one-fiftieth of its principal, which amount shall be shown by separate words and figures aside from the interest represented in the coupon, and each installment bond shall show upon its face that its principal is included in its coupons. (Laws 1879, ch. 50, sec. 8.) 45. Investment of Sinking Fund. That section 680 of the General Statutes of Kansas of 1915 be amended to read as follows : Sec. 680. That the proper officers having charge and control of any moneys which have been or may hereafter be levied and collected as a sinking fund to redeem the outstand- ing bonds of any county, township, city or school district may invest such sinking fund by purchasing the bonds of any county, township, city or school district within the state of Kansas, subject to the following conditions: First, no such bonds shall be purchased unless the same shall be accompanied by a certificate of the attorney-general of the state of Kansas in accordance with section 6 of chapter 110 of the General Statutes of 1909 of the state of Kansas, showing such bonds to be acceptable as security for deposit of state funds under the state depository law. Second, no such bonds shall be pur- chased under this act which shall not mature and become due at or prior to the time fixed for the payment of the bonds for which such sinking fund was created. Third, no sinking fund CH. 2] BONDS REFUNDING. 27 shall be invested under this act in the bonds of any county, township, city or school district where the bonded and float- ing indebtedness thereof shall exceed ten per cent of its total assessed valuation as shown by the last assessment preceding such investment. Fourth, any officer or officers investing sinking funds under this act shall be authorized to pay such premium as may be necessary to secure the bonds desired in the open market: Provided, That no premium shall be paid for any bonds purchased under this act which shall have the effect of reducing the annual income from such investment to less than three per cent : Provided further, That in cities of the first class having a population in excess of 85,000, the proper officers having charge and control of moneys as herein- before described may and are authorized, in cases where work is being performed in and for such city, by an original con- tractor with such city, under contract and bonds as pro- vided by law, and such city is about to, or has issued bonds to enable it to pay for such work or improvement, but such bonds have not been sold, or the proceeds of such bonds have not been received by such city, loan or advance to said con- tractor, out of such moneys held as a sinking fund or funds, upon a partial estimate duly issued to such contractor, and duly assigned to such city, for a period not exceeding ninety days, a sum of money not exceeding eighty-five per cent of the amount of such partial estimate, at a rate of interest not less than four and one-half per cent per annum, which moneys so loaned or advanced shall be immediately returned to and re- placed in the sinking fund from which the same has been taken out of the first moneys received by such city from the sale of said bonds. No such loan or advance, however, shall be made unless the bonds of said city issued or to be issued for the payment of such contract are to be sold within the said period of ninety days; and no moneys shall be taken for the purpose of such loan or advance, from any sinking fund or funds, for the payment of bonds maturing within six months from the date of the making of such loan or advance. All moneys received as interest upon the loan or advance herein- before provided for shall, upon its receipt by such officers, be immediately placed in the particular sinking fund from which such loan or advance was made and credited to, and thereafter form a part of such sinking fund. (Laws 1919, ch. 94, sec. 1.) 46. Coupons Paid and Destroyed. [650] Whenever the bonds or interest coupons issued under this act shall become due, they shall be, on presentation, promptly paid by the proper disbursing officer, out of the money in his hands col- lected for that purpose ; and he shall indorse upon the face of any bond or coupon paid by him, in red ink, the word "Paid," and the date of payment, and sign his name thereto, and at each settlement he shall turn over the bonds and coupons so 28 BONDS REFUNDING. [CH. 2 paid and canceled, which shall be carefully preserved, or de- stroyed. (Laws 1879, ch. 50, sec. 9.) 47. Penalty for Wrongful Use of Money. [651] Any person who shall appropriate, use, or aid or abet in appro- priating or using, any of the funds or moneys mentioned in this act, for any other purpose than as in this act provided, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum equal to the amount of money so appropriated or used, and imprisoned in the county jail for not less than three nor more than twelve months, and shall also be liable in a civil action for the amount misappropriated or used, to be prosecuted by any such bondholder or other party entitled thereto. (Laws 1879, ch. 50, sec. 10.) 48. Coupons Receivable for Taxes. [652] The interest coupons provided for in this act shall, as fast as they become due, be receivable in payment of taxes due to the particular county, city, the board of education of any city, the township or school district which may have issued such coupons, and shall be received by all collecting officers the same as cash, in payment of such taxes. (Laws 1879, ch. 50, sec. 11.) 49. Merged Districts May Refund Bonded Indebtedness. [9185] That the officers of any school district or joint district, containing all, the greater amount or an equal amount to the largest fraction contained in any other existing district, of the territory of a school district heretofore or hereafter dis- organized (under chapter 177 of the Laws of 1899, or chapter 305 of the Laws of 1901), are hereby authorized and em- powered to compromise and refund the legally existing bonded indebtedness of the merged district and to issue refunding bonds in the manner and upon the terms prescribed by chap- ter 50 of the Laws of 1879 and the amendments thereto. (Laws 1903, ch. 430, sec. 1.) 50. Form of Bonds. [9186] Bonds issued under this act shall contain a recital that they are issued in pursuance of this act and of chapter 50 of the Laws of 1879 and the amend- ments thereto, and shall run in the name of the merged school district, and may be substantially in the following form : STATE OF KANSAS. No $ MERGED SCHOOL-DISTRICT REFUNDING BOND. BE IT KNOWN, That merged school district No county state of Kansas, is indebted to in the sum of dollars, bearing interest from date at the rate of per cent per annum, payable semiannually, on the 1st day of January and July in each year, at the office of ...., in the city of , and for which coupons are hereto attached. This bond is one of bonds, amounting in the aggregate to $ issued for the purpose of refunding the legally existing bonded indebted- ness of said merged district, and in pursuance of chapter 430 of the Laws CH. 2] BONDS REFUNDING. 29 of 1903, and chapter 50 of the Laws of 1879 and the amendments thereto. The principal of this bond is made payable at the office of the , in lawful money of the United States, on the 1st day of , ; and for such payment the faith and property of the territory comprised in said merged district at the time of its disorganization is hereby pledged. Said merged district was disorganized on the day of , 19 , and the territory thereof was, on the day of , 19 , incorporated with school district No , county, state of Kan- sas. The officers signing this bond hereby certify that all the require- ments of law have been fully complied with. IN TESTIMONY WHEREOF, This bond has been issued and signed by the director, attested by the clerk and countersigned by the treasurer of school district No. , and registered by the. county clerk. Dated at , county of , state of Kansas, this day of , 19 Signed: Director. Attested: Clerk. Countersigned: Treasurer. 51. Commissioners to Levy. [9187] It shall be the duty of the county commissioners of the county in which the ter- ritory of such merged district lies to annually cause to be levied upon the property, real and personal, in the territory of such merged district, a tax sufficient to meet the interest and provide a sinking fund for the payment of the indebtedness so refunded. In case of the disorganization and merger of any joint district, such tax shall be levied by the county commis- sioners of the respective counties wherein the territory of the merged district lies, and the moneys arising out of said levies, when collected, shall be paid to the treasurer of the county having the greater amount of the territory of said district, in the manner prescribed by section 1, chapter 226, of the Laws of 1889. (Laws of 1903, ch. 430, sec. 2.) 52. Suits against Merged Districts. [9188] Suits may be brought by or against merged districts respecting bonds so issued, and the school-district officers issuing said bonds or their successors shall appear for and in behalf of said merged district. (Laws 1903, ch. 430, sec. 4.) 53. May Take up Merged-district Bonds. [9189] That the qualified voters of any school district or joint district con- taining all of the territory of two or more school districts here- tofore or hereafter disorganized may, by a majority vote thereof, at a special election called for that purpose, vote to issue the bonds of such joint district for the purpose of re- funding or taking up of the bonds of the merged or disorgan- ized district contained in such joint district. Such bonds shall recite that they are issued in pursuance of this act, and shall run in the name of the joint school district: Provided, That no greater amount of bonds shall be issued under this act than the total amount of bonds outstanding of the merged districts whose territory is contained in such joint district. (Laws 1903, ch. 430, sec. 5.) 30 BONDS REFUNDING. [CH. 2 54. Law Governing Such Indebtedness. [9190] Such in- debtedness so created shall be considered and treated as and shall be governed by the laws relating to the general indebted- ness of school districts. (Laws 1903, ch. 480, sec. 6.) 55. Bonds of Disorganized Districts. [8928] If any dis- organized school district has a legally existing bonded in- debtedness at the time of its disorganization, such indebted- ness shall attach to and be a charge against the territory comprised in such disorganized district at the time of its dis- organization ; and it shall be the duty of the county commis- sioners of such county annually to cause to be levied upon the property, real or personal, in such disorganized territory a tax sufficient to meet the interest and provide a sinking fund for the payment of such indebtedness. Whenever the bonded in- debtedness of any disorganized district can be advantageously compromised and refunded, the officers of the school district to which such disorganized district shall be attached, or has heretofore been attached, or into which it has been merged, shall have the power, and it shall be their duty, to issue re- funding bonds for such purpose, in the same manner and under the same restrictions and regulations now provided by law for the refunding of other school-district bonds. (Laws 1905, ch. 383, sec. 1.) 56. Outstanding Indebtedness in Certain Districts. That every school district in this state situated in a county having an assessed valuation of not less than $10,900,000 and not more than $11,000,000 and a population of not less than 5,400 nor more than 6,000 is hereby authorized and empowered to refund its outstanding indebtedness for which bonds have not heretofore been issued to the amount of $10,000 by an issue of bonds in denominations of not less than two hundred and fifty dollars nor more than one thousand dollars each, running for ten years, drawing interest at a rate of not more than six per cent semiannually, and payable in ten equal annual install- ments. (Laws 1920, ch. 56, sec. 1.) CH. 3] BUSINESS COLLEGES. 31 CHAPTER HI. -Business Colleges. 57. Permit to canvass. 58. Revocation of permit to canvass. 59. Permit to be shown by agent. ;60. Penalty for canvassing without a per- mit. 61. Notes or contracts, void, when. 57. Permit to Canvass. [9422] That it shall be unlawful for any representative or any agent of any business college, or commercial department of any other school, to canvass in the state of Kansas for the purpose of selling tuition in advance, or to contract, or to secure their note for any tuition before the registration of said student in the college register at the col- lege, without the school first making application to the state superintendent of public instruction and receiving from him a written permit, granting such school this privilege. The state superintendent of public instruction, upon receipt of said appli- cation, shall, before granting such a permit, publish a notice of said application in the official state paper for a term of thirty days, at the end of which time he shall grant the school mak- ing application such permit: Providing, however, That satis- factory proof has not come to his knowledge, after a diligent inquiry, that said school or business college or commercial de- partment is incompetent to furnish such a course of instruction as it advertises, or that the moral surroundings of the institu- tion are not good, or that the premises are kept in an un- healthy condition, or that the agents of said institution use misrepresentations or fraudulent methods in securing con- tracts, notes or cash from prospective students, and in either of these cases he shall refuse to grant them a permit. (Laws 1909, ch. 204, sec. 1.) 58. Revocation of Permit to Canvass. [9423] After hav- ing granted any business college, commercial school, or com- mercial department of any other school a permit to canvass, and such school shall violate any of the conditions required to secure a permit, then the state superintendent of public instruction shall revoke the permit and shall not reissue a permit to that school until he is satisfied that they will comply with the foregoing requirements. (Laws 1909, ch. 204, sec. 2.) 59. Permit to be Shown by Agent. [9424] Any agent or representative of any such school doing business within the state, or without the state, when operating within the state of Kansas, shall, upon request of any person, show a permit or certified copy thereof, showing that the school he represents has permission to canvass within the state. (Laws 1909, ch. 204, sec. 3.) 60. Penalty for Canvassing without a Permit. [9425] Any person who shall violate this act by canvassing for stu- dents with the intention of selling tuition for cash, contract or 32 BUSINESS COLLEGES. [CH. 3 note for any business college, commercial school, or any com- mercial department of any other school without first having this permit from the state superintendent of public instruc- tion, shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine of not less than one hundred dollars and not more than five hundred dollars, or by imprisonment not to exceed thirty days, or by both such fine and imprisonment. (Laws 1909, ch. 204, sec. 4.) 61. Notes or Contracts Void, When. [9426] Any note or contract taken by any such business college or the commercial department of any other school, or their agents or representa- tives, for tuition without first having complied with the pro visions of this act shall be void. (Laws 1909, ch. 204, sec. 5.) CH.4] CERTIFICATES STATE. 33 CHAPTER IV. Certification of Teachers. ARTICLE I. State Certificates. 62. Authority of State Board of Educa- tion; validity of state certificates. 63. Three-year certificates. 64. Permanent certificates. 65. Three-year certificates renewable for life/ 66. Life diplomas. 67. Special certificates. 68. Normal training teachers' certificates. 69. Three-year elementary certificates. 70. Permanent elementary certificate. 71. Certificates of high-school teachers. 72. Certificate for experience. 73. Temporary certificates. 74. Accredited colleges; approval of course of study. 75. Subject to examination; standard. 76. Certificates issued to college graduates. 77. Eligible institutions. 78. Graduates of school of arts in certain institutions. 79. Normal courses with practice teaching. 80. State normal schools; common-school certificate. 81. State normal schools; one-year cer- tificates. 82. State normal schools; three-year cer- tificates. 83. State normal schools; life certificates. 84. State normal school ; life diplomas. 85. State normal schools; when act shall take effect, 86. State normal schools; special certifi- cates. 87. Normal-school certificates signed and registered by state superintendent. 88. Recognition of certificates from other states. 89. Registration of state certifies! its. 90. Duty of certain officers to register state certificates. 91. Unlawful to pay salary unless certifi- cate is registered. 92. Report of registration. 93. Certificates void, when. 94. Certificates canceled, when. 95. No revival of lapsed certificates lv statute. 62. Authority of State Board of Education; Validity of State Certificates. [8993] The State Board of Education shall have authority to hold examinations and to issue teachers' certificates to persons of good moral character who may give satisfactory evidence of the requisite scholarship, culture, pro- fessional attainments and ability, as provided in this act ; and all certificates issued by the State Board of Education shall be valid in any township, county, school district, or city of the first or second class for the time specified in the certificate unless sooner revoked by the State Board of Education. All certificates issued by the State Board of Education shall be countersigned by the state superintendent of public instruc- tion and such certificates shall supersede the necessity of all examinations by county, city or other local boards of examin- ers. (Laws 1915, ch. 298, sec. 1.) 63. Three-year Certificates. [8995] Three-year certifi- cates may be issued by the State Board of Education to per- sons who, by written examination in branches prescribed by the board, may show satisfactory evidence of their qualifica- tions for such certificate. In lieu of all or part of such exam- ination the State Board of Education shall accept satisfactory evidence showing that the applicant has completed a four-year high school course of study approved by the board, and in addition thereto has completed at least a two-years' course of study in a normal school, college, or university accredited by the State Board of Education. The three-year certificates thus issued shall be valid in any elementary school, and may be- come valid in high schools under such regulations as the state 2 School Laws 2728 34 CERTIFICATES STATE. [CH. 4 board may prescribe. The three-year certificates herein pro- vided for may be renewed successively for three-year periods provided that the holders comply with such requirements as may be made by the State Board of Education for such re- newal. (Laws 1915, ch. 298, sec. 3.) 64. Permanent Certificates. That to any person to whom a three-year certificate shall have been issued in accordance with section 8995 of the General Statutes of Kansas for 1915, the State Board of Education shall issue a permanent certifi- cate valid for teaching in any school in which the original three-year certificate was valid : Provided, That such person shall have been successfully and continuously engaged either in teaching in the grade or department of school named in the original certificate or in supervising teaching in the public schools of this state, or in both such teaching and supervising, for not less than three years : Provided further, That atten- dance at any accredited normal school, college or university for one year during such interval, for which full credit is given by such normal school, college or university, shall be allowed as equivalent to experience in teaching or supervising. (Laws 1919, ch. 259, sec. 1.) 65. Three-year Certificates Renewable for Life. [8996] Three-year certificates renewable for life may be issued by the State Board of Education to persons who, by written ex- amination in branches prescribed by the state board, may show satisfactory evidence of their qualifications for such cer- tificates. In lieu of all or part of such examination the state board shall accept satisfactory evidence showing that the ap- plicant has completed a four-year high school course approved by the board, and in addition thereto has completed a four- year course of study in a normal school, college, or university accredited for this purpose by the State Board of Education. The certificates thus issued shall be valid in any elementary school or high school in the state. At the expiration of said certificate the State Board of Education shall issue a life cer- tificate provided that the holder has taught successfully at least two years after the three-year certificate was issued and has complied with the requirements of the state board for the renewal of such certificates : Provided, That such life certifi- cates shall lapse if for three consecutive years the holder thereof is not engaged in teaching or in some form of educa- tional work ; but lapsed life certificates or diplomas may be re- vived by the State Board of Education. (Laws 1915, ch. 298, sec. 4.) 66. Life Diplomas. [8997] The State Board of Education may issue life diplomas to teachers of eminent ability who possess the qualifications required for three-year renewal cer- tificates as provided in section 4 of this act, and who have been engaged in teaching for not less than five years and who have [. 4] CERTIFICATES STATE. 35 ,ught not less than two years in Kansas. Such diplomas shall be valid as teachers' certificates in any township, county, school district, or city of the first or second class during the lifetime of the holder, unless revoked by the State Board of Education. (Laws 1915, ch. 298, sec. 5.) 67. Special Certificates. That section 8998 of the General Statutes of Kansas for 1915 is hereby amended so as to read as follows: Sec. 8998. Special certificates may be issued by the State Board of Education to persons who by examination or otherwise may show satisfactory evidence of their qualifi- cations as teachers of kindergartens, manual training, domestic science, domestic art, agriculture, commercial branches, physi- cal training, music, drawing and such other highly specialized subjects as may be designated by the state board. Such cer- tificates shall be valid in any public school of the state for teaching in the department or subject specified in the certifi- cate and in no other department or subject than those thus specified, for three years, and may be renewed successively for three-year periods on conditions prescribed by the State Board of Education. (Laws 1919, ch. 259, sec. 4.) 68. Normal Training Teachers' Certificates. [8999] Nor- mal training teachers' certificates may be issued by the State Board of Education as herein provided to graduates from normal training courses in high schools and academies ac- credited for this purpose by the State Board. of Education. Said certificates shall be valid in elementary schools in any county of the state, for a period of two years, and shall be renewable for successive two-year periods, on conditions pre- scribed by the State Board of Education. On the third Fri- day in May and the succeeding Saturday of each year an ex- amination of applicants for normal training certificates shall be held in the county seat of each county in which there is located one or more accredited normal training schools under such rules as the State Board of Education may prescribe. This examination shall be conducted by the county board of examiners, each of whom shall receive for his services the compensation provided by law for holding county teachers' examinations. Each applicant for a certificate shall pay a fee of one dollar, and the money so collected shall be turned into the county normal institute fund. The examination questions shall be prepared by the State Board of Education and shall be forwarded to county superintendents by the state superin- tendent of public instruction. The package containing the questions shall not be opened except in the presence of a majority of the examining board on the day and hour for the examination. Immediately at the close of the examination the manuscripts shall be properly wrapped and sealed and sent, carriage prepaid, to the state superintendent of public instruc- tion, and said manuscripts shall be graded under the direction 36 CERTIFICATES STATE. [CH. 4 of the State Board of Education. A fee of seven dollars shall be sent to the state superintendent of public instruction from the funds of each school participating in the examination and all money received from this source shall be turned into the state treasury, and shall become available to pay the expenses incurred by the State Board of Education in the grading of said manuscripts. All moneys or so much thereof as necessary received from such source during the fiscal years ending June 30, 1916, and June 30, 1917, are hereby appropriated to pay for said expenses of said State Board of Education. Said expenses shall be paid on the warrants of the state auditor upon duly certified vouchers approved by the state superintendent of pub- lic instruction. (Laws 1915, ch. 298, sec. 7.) 69. Three-year Elementary Certificates. [9000] Three- year elementary certificates may be issued by the State Board of Education to persons who hold first-grade certificates issued by boards of county examiners and to persons holding cer- tificates issued by examining boards in cities of the first or sec- ond class : Provided, That such persons have completed a four- year course of study in a high school approved by the State Board of Education and in addition thereto have completed a two-year course of study in a normal school, college, or uni- versity accredited by the State Board of Education; or who in lieu of taking such two-year course in a normal school, col- lege, or university have had four years of successful experi- ence in teaching, satisfactory evidence of which shall be sub- mitted to the State Board of Education. The three-year ele- mentary certificate thus issued shall be valid in any elementary school of the state. The three-year elementary certificates herein provided for may be renewed successively for three- year periods, provided that the holders comply with such regu- lations as the state board may make for such renewal. (Laws 1915, ch. 298, sec. 8.) 70. Permanent Elementary Certificate. That to any per- son to whom a three-year elementary certificate shall have been issued in accordance with section 9000 of the General Statutes of Kansas for 1915, the State Board of Education shall issue a permanent certificate valid for teaching in,elementary schools : Provided, That such person shall have been successfully and continuously engaged in teaching in the grade or department of school named in the original certificate, or in supervising teaching in the public schools of this state, or in both such supervising and teaching, for not less than three years- Pro- vided further, That attendance at any accredited normal school, college or university for one year during such interval, tor which full credit is given by such normal school, college or university, shall be allowed as equivalent to experience in teaching or supervising. (Laws 1919, ch. 259, sec 2 ) CH. 4] CERTIFICATES STATE. 37 71. Certificates of High-school Teachers. [9001] After September 1, 1916, no person shall teach in any four-year ac- credited high school in any township, county, district, or city of the first or second class who does not hold a certificate as a high-school teacher issued by the State Board of Education or by one of the Kansas State Normal Schools, and after Sep- tember 1, 1916, it shall be unlawful for any township or county high-school board, district board, or board of education of any city of the first or second class to use any part of the public funds to pay any high-school teacher in any four-year ac- credited high school who does not hold a certificate as herein provided authorizing such person to teach in the public high schools of the state : Provided, That no person holding a valid teacher's certificate at the time when this act shall take effect who at that time shall be employed as a teacher in any four- year accredited high school in this state, shall be prohibited from teaching in any high school ; nor shall any board be pro- hibited from employing such person as a high-school teacher or from paying him from public funds. (Laws 1915, ch. 298, sec. 9.) NOTE. This act took effect on its publication in the official state paper March 26, 1915. 72. Certificate for Experience. That to any person who at the time when this act shall take effect shall have been suc- cessfully employed for not less than three years in this state as a teacher in any high school, deemed to have been such by the State Board of Education, or successfully and continuously engaged either in teaching in such high school, or in supervis- ing as county superintendent in the public schools of this state, or in both such teaching and superintending, for a period of not less than five years, and who during such employment shall have held a valid teacher's certificate, the State Board of Edu- cation shall issue a certificate valid for teaching in such high school and in no other school or department for life. (Laws 1919, ch. 259, sec. 3.) NOTE. This act took effect Apr. 7, 1919. 73. Temporary Certificates. [9002] The State Board of Education may issue temporary teachers' certificates valid for one year only in such schools and departments as may be speci- fied in said certificate, provided that such temporary cer- tificates shall be issued only in an emergency in order to supply the schools with legally qualified teachers ; and the State Board shall have power to make all rules and regulations relating to such temporary certificates: Provided, That no person shall receive more than one such certificate. (Laws 1915, ch. 298, sec. 10.) 74. Accredited Colleges; Approval of Course of Study. [9017] Upon application of any college or university, or educa- 38 CERTIFICATES STATE. [CH. 4 tional institution of like standing, incorporated under the gen- eral laws of the state of Kansas, and requiring a four-year high-school course or its equivalent, approved by the State Board of Education, as a condition of admission to its fresh- man class, the State Board of Education shall have the power to examine the course of study prescribed and the character of the work done by it, and if in the judgment of said board the course of study and the character of the work done shall be of such standing as to prepare the graduates of such institution to teach successfully in the public schools of this state, and if said institution maintains a department of education and the course of study prescribed includes work in said department satisfactory to the State Board of Education, the board shall place such institution on the accredited list. (Laws 1911, ch. 276, sec. 1.) 75. Subject to Examination; Standard. [9018] Any insti- tution on the accredited list shall be subject to examination by the State Board of Education at its pleasure with respect to its course of study, its equipment, and the character of its work ; and additional requirements may be made at the pleas- ure of the board. Any institution failing to maintain a stand- ard satisfactory to the State Board of Education shall be dropped from the accredited list. (Laws 1911, ch. 276, sec. 2.) 76. Certificates Issued to College Graduates. [9019] To all persons graduating from such approved courses of study in institutions on the accredited list the State Board of Educa- tion shall issue a three-year state certificate, and at the ex- piration of said certificate said board shall issue a life certifi- cate in lieu of the first one issued, provided the holder shall have taught successfully at least two years out of the three and has kept himself informed in the general literature of his profession. (Laws 1911, ch. 276, sec. 3.) 77. Eligible Institutions. [9020] The provisions of sec- tions 1, 2 and 3 of this act shall apply to the State University and the State Agricultural College, and may, at the discretion of the State Board of Education, be extended to any institution in any of the United States which shall satisfy the said board that it maintains an efficient department of education and meets the other requirements for schools on the accredited list (Laws 1911, ch. 276, sec. 4.) 78. Graduates of School of Arts in Certain Institutions. [9035] Any graduate of the school of arts of the University of Kansas, o/ of any university or college incorporated under the laws of this state maintaining a department of education and requiring a four-year high-school course or its equivalent, approved by the State Board of Education, as a condition of admission to the freshman class and maintaining a regular four-year course thereafter for graduation and accredited as CH. 4] CERTIFICATES STATE. 39 such by the State Board of Education, shall, upon presentation to said board of satisfactory evidence of graduation from such accredited course of study in said university or college, receive from said board a three-year certificate to teach in the public schools of this state : Provided, That the course of study com- pleted by such graduate of the above-described institutions shall have included such work in the department of education as shall be satisfactory to the State Board of Education. (Laws 1911, ch. 276, sec. 5.) 79. Normal Courses with Practice Teaching. [9036] The State Agricultural College and any educational institution in- corporated under the laws of this state, and accredited by the State Board of Education as maintaining a course of study including all the branches prescribed by law and required by said State Board of Education for securing a three-year cer- tificate to teach in the public schools of the state, is hereby authorized to grant a diploma the form of which shall be prescribed by the State Board of Education to any person who shall complete the above-specified course of study, which diploma shall be accepted by the State Board of Education as authorization for granting to the holder of such diploma a three-year certificate to teach in the public schools of the state of Kansas: Provided, Said person shall have given not less than twenty weeks to practice teaching under the provision of the pedagogical department of said educational institution. (Laws 1899, ch. 179, sec. 3.) 80. State Normal Schools ; Common-school Certificate. [9776] As soon as any person has attended said institution twenty-two weeks, said person may be examined in the studies required by the board, in such manner as may be prescribed, and if it shall appear that said person possesses the learning and other qualifications necessary to teach a good common school, said person shall receive a certificate to that effect from the principal, to be approved by the superintendent of public instruction; and as soon as any person shall have completed the full course of instruction in the State Normal School, he or she shall receive a diploma, which, when signed by the president of the institution, state superintendent of public instruction, and the board of directors of said school, shall be evidence that the person to whom such diploma is granted is a graduate of the State Normal School, and entitled to all the honors and privileges belonging to such graduates ; and such diploma shall serve as a legal certificate of qualification to teach in the common schools of this state. (Laws 1864, ch. 99, sec. 13.) 81. State Normal Schools; One-year Certificates. [9777] Each person shall, upon the completion of the secondary course of instruction adopted by the faculty of the Kansas State Nor- 40 CERTIFICATES STATE. [CH. 4 mal School at Emporia, the State Manual Training Normal School at Pittsburg, and the Fort Hays Kansas Normal School at Hays, and approved by the state board of administration, be entitled to a certificate to teach in the schools of the state of Kansas for a period of one year. (Laws 1915, ch. 299, sec. 1.) 82. State Normal Schools; Three-year Certificates. [9778] Each person who has completed a standard four-year higa- school course, approved by said institutions as referred to in section 1, and who has completed the freshman course as pre- scribed by the faculty and approved by the state board of administration, shall be entitled to a certificate to teach in the schools of the state of Kansas for a period of three years. (Laws 1915, ch. 299, sec. 2.) 83. State Normal Schools; Life Certificates. [9779] Each person who has completed a standard four-year high-school course, approved by said institutions as referred to in section 1, and who has completed the freshman and sophomore course prescribed by the faculty and approved by the state board of administration, shall be entitled to a life certificate to teach in the elementary schools and the junior and two-year high schools of the state of Kansas. (Laws 1915, ch. 299, sec. 3.) 84. State Normal Schools; Life Diplomas. [9780] The diploma conferred by the degree of bachelor of science in edu- cation shall be a life diploma to teach in any of the common schools of the state of Kansas, including elementary and high schools. (Laws 1915, ch. 299, sec. 4.) 85. State Normal Schools; When Act Shall Take Effect. [9781] Sections 1, 2, 3 and 4 of this act shall take effect on September 1, 1916, and until that time each of said institutions as referred to in section 1 shall be entitled to issue the life certificate now provided by section 8343 10 of the Revised Stat- utes of 1909, upon the completion of the full course heretofore prescribed for that purpose by the board of regents and con- sisting of two full years' work above the high school in said institutions; and shall have the right to issue the three-year certificate now provided by law. (Laws 1915, ch. 299, sec. 5.) 86. State Normal Schools; Special Certificates. [9782] Each of said institutions shall have power to issue certificates to teach manual training, domestic science, agriculture, com- mercial subjects, drawing, music, or other occupational sub- jects, upon the completion of such course of study as may be prescribed by the faculty of said institutions and approved by the state board of administration. (Laws 1915, ch. 299 sec. 6.) 87. Normal School Certificates Signed and Registered by State Superintendent. [9819] All teachers' certificates and all 10. Section 80 of this book. CH. 4] CERTIFICATES STATE. 41 diplomas having certificate value shall, before they are issued by this board, be presented to the state superintendent of pub- lic instruction for his signature and for registration in his office. (Laws 1905, ch. 388, sec. 3.) 88. Recognition of Certificates from Other States. [9021] When the State Board of Education is satisfied that any resi- dent of this state, holding a state certificate issued by any other state in the United States, secured the same by passing an examination equivalent to that given by said board, it may issue to said person the certificate as provided for in section 3 of this act, without further examination. (Laws 1893, ch. 132, sec. 10.) 89. Registration of State Certificates. [8994] Every state certificate, state diploma, or other document issued as a teach- er's certificate by the State Board of Education or by any Kan- sas state normal school must be registered by the county superintendent of the county or by the clerk of the board of education of any city of the first or second class in which the holder contracts to teach; and for every certificate registered by a county superintendent a fee of one dollar shall be re- quired, which shall be paid into the normal institute fund. Failure, neglect, or refusal to comply with the foregoing pro- visions will render said certificates, diploma, or other document void as a teacher's certificate in such township, county or city of the first or second class until such registration is made. (Laws 1915, ch. 298, sec. 2.) 90. Duty of Certain Officers to Register State Certificates. [9040] It shall be the duty of the county superintendent or clerk of the board of education of a city of the first or second class to register all such certificates, diplomas or other docu- ments when presented to him by the holder thereof. It shall be the duty of said superintendent or clerk to provide a suitable record for this purpose; said record to show the name and address of the holder, kind of certificate, diploma or other document held, date of issue and date of expiration, if issued for other period than the life of the holder. It shall be the further duty of the county superintendent or clerk of the board of education to issue to such holder a statement of the kind of certificate, diploma or other document held, giving date of issue and date of expiration of same. (Laws 1905, ch. 394, sec. 2.) 91. Unlawful to Pay Salary unless Certificate is Regis- tered. [9041] It shall be unlawful for any district board, board of education or board of trustees of any county high school to issue an order for payment of the salary for services as teacher of any holder of said certificate, diploma or other document unless said holder presents a certificate of registra- tion as provided for in section 2 of this act. (Laws 1905, ch. 394, sec. 3.) 42 CERTIFICATES COUNTY. [CH.4 92. Report of Registration. [9043] It shall be the duty of the county superintendent and clerks of boards of educa- tion of cities of the first and second class to report, in Octo- ber and March of each year, to the State Board of Education all certificates, diplomas or other documents registered in their respective counties or cities. It shall be the duty of the state superintendent to provide necessary blanks for this report. (Laws 1905, ch. 394, sec. 5.) 93. Certificates Void, When. [9022] All life certificates issued by the State Board of Education or by the regents of the State Normal School shall be void if the holder of the same should not be engaged in school work for three consecu- tive years : Provided, That certificates may be renewed by the State Board of Education. (Laws 1893, ch. 132, sec. 11.) 94. Certificates Canceled, When. [9023] The said State Board of Education is empowered to cancel any state cer- tificate which said board, on satisfactory proof, finds to be held by a person of immoral character or otherwise disquali- fied for a teacher. (Laws 1893, ch. 132, sec. 12.) 95. No Revival of Lapsed Certificates by Statutes. [9094] No provisions of this act shall be construed to revive a state certificate, state diploma or State Normal School diploma which has lapsed under provisions of section 6223 11 of the General Statutes of 1901, nor any certificate or diploma which has lapsed by expiration of time from which it was issued. (Laws 1905, ch. 394, sec. 6.) ARTICLE II. County Certificates. 96. Board of county examiners. 97. Public examinations. 98. Examinations in other counties and at state schools. 99. Special examinations. 100. Fees. 101. Uniform examinations. 102. Forwarding of questions. 103. Unlawful use of questions. 104. Penalty for unlawful use of questions. 105. Examiners exempt. 106. Grades of certificates; terms; indorse- ment; revocation. 107. Certificates of the third grade. 108. Certificates of the second grade. 109. Certificates of the first grade; re- newal. 110. High-school credits; examination. 111. Renewal of first-grade certificates; ex- emption from requirement of high- school credits. 112. Temporary certificates.- 113. No certificate except by examination. 114. Revocation. 115. Examination in physiology and hv- giene. 96. Board of County Examiners. [9011] In each county there shall be a board of county examiners, composed of the county superintendent, who shall be ex officio chairman of the board, and two competent persons, holders of professional certificates or first-grade certificates, or of state certificates, or of diplomas from the State University, the State Normal School or the State Agricultural College, who shall be ap- pointed by the county commissioners on the nomination of the county superintendent, and shall serve one year from the their respective appointments, and each of whom shall 11. See section 93 of this book. CH. 4] CERTIFICATES COUNTY. 43 receive for his iservices the sum of three dollars per day for not to exceed twenty-four days in any one year. (Laws 1905, ch. 390, sec. 1.) 97. Public Examinations. [9012] The board of county examiners, two of whom shall constitute a quorum, shall, on the last Saturday of January aind of October, and on Saturday of the last week of the county normal institute, together with the Friday preceding each such Saturday, only at such places as may be designated by the chairman (who shall give ten days' notice of each examination), publicly examine all per- sons proposing to teach in the common schools of the county (cities of the first and second class excepted) as to their com- petency to teach the branches prescribed by law ; 12 said board shall open each separate package of questions not earlier than the hour specified thereon by the state superintendent, and shall give the candidates the questions at the hour specified for the beginning of the examination on that subject; said board of examiners shall issue certificates, as* by law provided, to all such applicants as shall pass the required examination aind satisfy the board as to their good moral character and ability to teach and govern school successfully. 13 (Laws 1905, ch. 391, sec. 1.) 98. Examinations in Other Counties and at State Schools. [9013] Applicants for any grade of county certificates for any county of the state may write in the examination given in any other county of the state, or, if students at the State 12. Section 97 provides that the county board of examiners "shall publicly examine all persons proposing to teach . . . as to their com- petency to teach the branches prescribed by law." Sections 115 and 343 indicate what branches shall be taught in the public schools. (See sec- tions 107, 108, 109, 629, 630.) 13. The awarding of a county certificate, or any other act within the jurisdiction of the county board of examiners, must have duly received, in the lawful course of business, the consent of at least two members of the board, in order to be, legally, an act of the board. County certificates can be legally granted only by the board. A county certificate can not be lawfully dated back beyond the time when the county board, in the lawful course of business, actually awarded the same. Although the county board may, by revocation for cause, abridge, they can not lawfully extend the time during which a certificate issued by them shall be in force, nor renew the same without a public examination of the holder thereof, except as provided by law. A public examination is the only legal basis for the issuance of a cer- tificate. It is the province of the board to determine the standing of the applicant in every study, and to inquire into the "competency" of the can- didate to teach and govern a school successfully. It is proper for the board to refuse a certificate to an applicant passing the necessary examination but not satisfying the board as to his ability to "teach and govern a school successfully." Certificate in Case of Joint District. In the case of a joint district, the certificate must be issued by the board of examiners of the county in which the largest amount of territory is found. 44 CERTIFICATES COUNTY. [CH. 4 University, State Agricultural College, or State Normal School or either of its auxiliaries, at an examination conducted by the presiding officer thereof, on the questions and under the laws and regulations for the county examination; and the county examining board of any county, on receiving the papers, with a properly signed certificate on a blank to be provided by the state superintendent, together with one dollar for the institute fund for each applicant, shall issue certificates as provided in ca,se of regular county examinations. (Laws 1905, ch. 391, sec. 2.) 99. Special Examinations. [9014] Each county superin- tendent may, if he deems it necessary, conduct a special ex- amination at the time of the closing of normal institutes in some other county or counties: Provided, That the examina- tion conforms to the laws in all other respects, including the questions prepared for that examination, and it shall be the duty of the state superintendent to furnish these questions, if notified by the cotmty superintendent ten days before the date of the examination that he has accepted fees from two or more candidates for that examination. (Laws 1905, ch. 391, sec. 3.) 100. Fees. [9015] Each candidate for the examination under the provisions of section 2 and section 3 of this act shall pay a fee of one dollar for this examination if taken at a state educational institution, or two dollars if taken before a county examining board, one dollar of which shall go into the institute fund of the county in which the examination is written. (Laws 1905, ch. 391, sec. 4.) 101. Uniform Examinations. [9032] That the State Board of Education is hereby instructed to prepare a series of questions for each examination, to be used in each county of the state of Kansas for the examination of teachers ; and the state superintendent is hereby instructed to procure the print- ing of the same and distributing to the superintendents of the several counties in the state, as hereinafter provided. (Laws 1885, ch. 180, sec. 1.) 102. Forwarding of Questions. [9033] The state superin- tendent shall forward all questions to the superintendents of the several counties in the state of Kansas : Provided, That said questions shall be forwarded in time to reach their desti- nation at least two days before required for use; and pro- vided further, that said questions shall not be opened except in the presence of a majority of the examining board on the day and hour of examination. (Laws 1885, ch. 180, sec. 2.) 103. Unlawful Use of Questions. [9452] It shall be un- lawful for any person to sell or offer for sale, or buy or offer to buy, or to distribute or have in his or her possession any printed or written examination questions prepared for any examina- tion to be held for the purpose of testing the qualifications of CH. 4] CERTIFICATES COUNTY. 45 i persons desiring to be admitted to the practice of any of the professions in this state in which it is required that such per- sons be examined as to their qualifications, or any printed or written examination questions prepared for teachers' examina- tions for any of the schools of this state, or of any printed or written examination questions prepared for the final examina- tion of any students in any of the higher institutions of learn- ing of this state, desiring to graduate from said institutions, prior to the time of the holding of such examination. (Laws 1909, ch. 208, sec. 1.) 104. Penalty for Unlawful Use of Examination Questions. [9453] Any person selling or offering to sell, buying or offer- ing to buy, distributing or having in his or her possession any such examination questions, contrary to the provisions of sec- tion 1 of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or imprisoned in the county jail for not less than ten days nor more than six months. (Laws 1909, ch. 208, sec. 2.) 105. Examiners Exempt. [9454] The provisions of this act shall not be construed to prevent the proper officials or instructors whose duty it is to conduct the said examination, referred to in section 1 of this act, from having in their pos- session printed or written copies of such examination ques- tions. (Laws 1907, ch. 208, sec. 1.) 106. Grades of Certificates; Terms; Indorsement; Revo- cation. [9003] Boards of county examiners may issue teach- ers' certificates of three grades as provided in this act ; namely, third grade, second grade and first grade ; and said certificates shall be valid only in elementary schools and shall continue in force in the county in which they are issued for terms of one year, two years, and three years respectively; and upon pay- ment of a fee of one dollar which shall be turned into the normal institute fund, certificates of the second grade may be indorsed and certificates of the first grades shall be indorsed by the county superintendent of public instruction of any county in the state; and when so indorsed such certificates shall be valid in the county in which they are indorsed for the remainder of the term for which they were issued. A cer- tificate issued under this act may be revoked by the board of examiners on the ground of immorality or for any cause which would have justified the withholding of the certificate when it was granted, and the indorsement of a certificate may be with- drawn by a county superintendent for a like cause. (Laws 1915, ch. 298, sec. 11.) 107. Certificates of the Third Grade. [9004] Certificates of the third grade may be issued to persons of good moral character and not less than eighteen years of age who shall by 46 CERTIFICATES COUNTY. [CH. 4 a written examination secure an average grade of seventy- five per cent with no grade below sixty per cent in the follow- ing branches: spelling, reading, writing, English grammar and composition, geography, arithmetic, United States his- tory, Kansas history, civil government, physiology and hy- giene, the elements of agriculture, elementary general science, English classics, and the principles and methods of teaching. A third-grade certificate shall not be issued to any person who has previously held two certificates of the third grade if such person has taught seven months. (Laws 1915, ch. 298, sec. 12.) 108. Certificates of the Second Grade. [9005] Certifi- cates of the second grade may be issued to persons of good moral character and not less than eighteen years of age who have taught successfully not less than seven school months and who by written examination shall secure an average grade of eighty with no grade below sixty in all branches required for a third-grade certificate, and in the elements of music the examination in which shall be confined to the questions pre- pared by the State Board of Education and shall not require singing by the applicant; and who in addition thereto have completed a one-year course of study in a high school approved by the State Board of Education or the equivalent thereof as provided in section 15 of this act: Provided, That certificates of the second grade may be issued to persons who have had no previous experience in teaching if such persons have completed a four-year course of study in a high school approved by the State Board of Education and are otherwise qualified as herein provided. (Laws 1915, ch. 298, sec. 13.) 109. Certificates of the First Grade; Renewal. [9006] Certificates of the first grade may be issued to persons of good moral character and not less than twenty years of age who have taught successfully not less than fourteen school months and who by written examination shall secure an average grade of ninety with no grade below seventy-five in all branches re- quired for a second-grade certificate, and in English history and the elements of physics, and who in addition thereto have completed a two-year course of study in a high school approved by the State Board of Education or the equivalent thereof as provided in section 15 of this act : Provided, That all grades of ninety per cent or higher recorded on a normal training cer- tificate or on a second-grade certificate and all grades of ninety per cent or higher secured in subsequent county teachers' ex- aminations while said normal training certificate or certificate of the second grade is in force may be applied towards meeting the requirements of a first-grade certificate. A certificate of the first grade may be renewed at its expiration upon the pay- ment of a fee of one dollar to be turned into the normal insti- tute fund if it is shown that the holder has attended at least CH. 4] CERTIFICATES COUNTY. 47 ninety per cent of the time of three five-day institutes or of one four-weeks' institute or has attended some approved school for six weeks during the period for which the certificate was issued : And provided, That the applicant shall have performed such professional work as the county superintendent shall pre- scribe for the renewal of first-grade certificates. (Laws 1915, ch. 298, sec. 14.) 110. High-school Credits; Examination. [9007] Appli- cants for first- and second-grade certificates may obtain the high-school credits provided for in section 13 and section 14 of this act either by resident attendance in a high school ap- proved by the State Board of Education or by examination in subjects selected from the first two years of the high school course prescribed by the State Board of Education. Subjects comprising three units of high-school credit shall be accepted as equivalent to one year of high-school attendance and sub- jects comprising seven units of high-school credit shall be ac- cepted as equivalent to two years of high-school attendance. In order to secure credit by resident attendance the applicant must present to the county superintendent a statement signed by the principal of the high school showing the grades secured in each subject; and said statement shall be presented on a form furnished by the superintendent of public instruction and shall be attached to' the certificate when issued or recorded thereon and countersigned by the county superintendent. An examination of applicants for high-school credits shall be held in each county of the state on the third Friday of May and the succeeding Saturday and first Friday of August and the suc- ceeding Saturday of each year under such rules as the State Board of Education may prescribe. Notice of this examination shall be given by county superintendents and the examination shall be conducted by the board of county examiners, each of whom shall receive the compensation provided by law for holding county teachers' examinations. The questions shall be prepared by the State Board of Education and shall be for- warded to county superintendents by the state superintendent of public instruction. The package containing the questions shall not be opened except in the presence of a majority of the examining board on the day and hour for the examination. Immediately at the close of the examination the papers shall be securely wrapped and sealed and sent to the state superin- tendent of public instruction and said manuscripts shall be graded under the direction of the State Board of Education.. Each applicant shall pay a fee of one dollar, one-half of which shall be turned into the normal institute fund of the county in which the examination is held, and one-half shall be forwarded to the state superintendent of public instruction and shall be used to pay for the grading of the examination papers. The grades shall be recorded in the office of the state superintend- 48 CERTIFICATES COUNTY. [CH. 4 ent of public instruction, and a statement of the same shall be sent to the applicant and a duplicate to the county superintend- ent of the county in which said applicant took the examination and said statement shall be attached to the certificate when is- sued or recorded thereon and countersigned by the county superintendent. (Laws 1915, ch. 298, sec. 15.) 111. Renewal of First-grade Certificates; Exemption from Requirement of High-school Credits. [9008] All first-grade certificates in force at the time of the passage of this act shall be renewed at their expiration and the high-school credits pro- vided for in section 14 of this act shall not be required from the holders of said certificates, provided that all other require- ments for renewal have been complied with ; and all persons who at the time of the passage of this act shall have taught successfully in the public schools of Kansas for twenty-one school months shall be exempt from the requirements of high- school credit, provided for in section 13 and section 14 of this act. (Laws 1915, ch. 298, sec. 16.) 112. Temporary Certificates. [9047] That the county superintendent of any county in this state, upon request made in writing by such district board, is authorized to issue tem- porary teachers' certificates to any persons not under eighteen years of age applying therefor, when in the judgment of such county superintendent the applicant is a person of good moral character and possesses the necessary qualifications of a teacher: Provided, however, That such applicant make affi- davit that he has not failed in the last preceding examination for teachers' certificates in any county in this state: And pro- vided further, That such temporary certificate, when issued, shall not be effective or in force from or after the next quarterly examination for teachers' certificates in the county wherein same was issued. (Laws 1907, ch. 342, sec. 1.) 113. No Certificate Except by Examination. [9016] No certificate shall be issued by any county board or county super- intendent except upon examination as provided in this act: Provided, That county boards may renew professional certifi- cates from year to year, as provided for in section 4 of this act. 14 (Laws 1903, ch. 424, sec. 7.) 114. Revocation. [9039] Any certificate issued by the State Board of Education, regents of the State Normal School, county board of examiners or city board of examiners may be revoked by the body issuing the same on the grounds of im- morality, gross neglect of duty, annulling of written contracts with boards of education and district boards without the con- sent of a majority of the board which is a party to the contract, 14. Professional certificates are no longer issued. First-grade certifi- cates may be renewed as provided in section 109. (See sections 64, 70, 72.) CH. 4] CERTIFICATES COUNTY. 49 or for any cause that would have justified the withholding thereof when the same was granted. (Laws 1905, ch. 392, sec. 1.) 115. Examination in Physiology and Hygiene. [9034] No certificate shall be granted to any person to teach in any of the public schools of this state after the 1st day of January, 1886, who has not passed a satisfactory examination in the elements of physiology and hygiene, with special reference to the effects of alcohol stimulants and narcotics upon the human system; and provision shall be made by the proper officers, committees and boards for instructing all pupils in each public school supported by public money and under state control upon the aforesaid topics. (Laws 1885, ch. 169, sec. 1.) 50 CHILD LABOR. [CH. 5 CHAPTER V. Child Labor. 116. Employment of children under four- teen". 117. Employment of children under six- teen. 118. Hours of employment. 119. Work permits to be kept on file. 120. Public notice. 121. Work permits when issued, 122. Identification; papers verified, 123. Blanks furnished. 124. Permits returned. 125. Permits revoked. 126. Duties of inspectors. 127. Penalty. 116. Employment of Children under Fourteen. That no child under fourteen years of age shall be at any time em- ployed, permitted, or suffered to work in or in connection with any factory, workshop, theater, mill, cannery, packing house, or operating elevators ; nor shall such child be employed, per- mitted or suffered to work in any business or service what- ever during the hours in which the public school is in session in the district in which said child resides. (Laws 1917, ch. 227, sec. 1.) 117. Employment of Children under Sixteen. That no child under sixteen years of age shall be at any time employed, permitted, or suffered to work in or about any mine or quarry ; or at any occupation at any place dangerous or injurious to life, limb, health or morals. (Laws 1917, ch. 227, sec. 2.) 118. Hours of Employment. That no child under sixteen years of age, who is employed in the several vocations men- tioned in this act, or in the transmission of merchandise or messages, or any hotel, restaurant or mercantile establishment, shall be employed before seven a. m., or after six p. m., nor more than eight hours in any one calendar day, nor more than forty-eight hours in any one week. (Laws 1917, ch. 227, sec. 3.) 119. Work Permit to be Kept on File. That all persons, firms, or corporations employing children under sixteen years of age in any of the vocations mentioned in this act, shall be required to first obtain and keep on file and accessible to any inspector or officer charged with the enforcement of this act, the work permit as hereinafter provided for. (Laws 1917, ch. 227, sec. 4.) 120. Public Notice. That every employer shall keep posted in a conspicuous place near the principal entrance, in any establishment where children under sixteen years ol age are employed, permitted or suffered to work, a notice stating the maximum number of hours such child may be required, or permitted to work, on each day of the week, the hours of com- mencing and stopping work and the hours allowed for dinner or other meals. The form for such notice shall be furnished by the commissioner of labor, and the employment of any child for a longer time in any day than so stated, or at any time CH. 5] CHILD LABOR. 51 other than as stated in said notice, shall be deemed a violation of the provisions of this act. (Laws 1917, ch. 227, sec. 5.) 121. Work Permits, When Issued. That the superintend- ent of schools or his duly authorized representative, or the judge of the juvenile court, shall issue a work permit only after he has received, examined, approved, and filed the fol- lowing papers duly executed, namely: First. A written statement signed by the person for whom the child expects to work, or by some one duly authorized by such person, stating the occupation at which he intends to employ such child. Second. The school record of such child properly filled out and signed by the principal of the school last attended, setting forth that such child has completed the course of study pre- scribed for elementary schools by the State Board of Educa- tion. In case such school record is not available then the official issuing the permit shall cause such child to be examined to determine whether or not such child has the educational qualifications equivalent to a completion of the elementary course of study prescribed by the State Board of Education, and shall file in the office a statement setting forth the result of such examination : Provided, That a permit may be issued to allow a child who has not completed the course of study pro- vided for herein to work when school is not in session in the district in which such child resides, subject to all the other limitations of this act. 15 Third. Evidence of age of the child, showing that the child is fourteen years of age; and that the state commissioner of labor shall be, and hereby is authorized, empowered, and di- rected to make and prescribe, and from time to time to change and amend such rules and regulations, not in conflict with this act, as he may deem necessary and proper to secure satisfac- tory evidence of the age of the child applying for a work per- mit: Provided, however, That the evidence of age, and the manner of preparing and producing such evidence, required under such rules and regulations, shall comply substantially with the requirements as to proof of age prescribed by any rules and regulations made pursuant to the act of Congress en- titled, "An act to prevent interstate commerce in the products of child labor, and for other purposes, approved September 1, 1916," and any amendments thereto hereafter made. (Laws 1917, ch. 227, sec. 6.) 122. Identification; Papers; Verified. That every work permit shall state the name, sex, the date and place of birth, and the place of residence, and describe the color of the hair and eyes, and the height and weight of such child, and shall contain a statement of the proof of age accepted and shall 15. Compare this provision with the first provision of section 237. 52 CHILD LABOR. [CH. 5 verify that the papers required by the preceding sections have been duly examined, approved, and filed, and that the child named in such permit has appeared before the official issuing the permit and has been examined. Every such permit shall be signed in the presence of the official issuing the same, by the child in whose name it is issued. It shall show the date of its issue. (Laws 1917, ch. 227, sec. 7.) 123. Blanks Furnished. That the permits provided for under this act shall be issued upon blanks furnished by the commissioner of labor and shall be made out in duplicate ; one of such duplicates shall be forthwith returned to the commis- sioner of labor, by the party issuing the same, with a state- ment of the character and substance of the evidence offered prior to the issuance of such permit. Such permit shall be sufficient protection to the employer of any child as to the age of such child, except when such employer has actual knowl- edge of the falsity of such permit. (Laws 1917, ch. 227, sec. 8.) 124. Permit Returned. That on the termination of the employment of a child whose work permit is on file, such per- mit shall be returned by the employer within two days to the official who issued the same ; upon receipt of which the official shall transmit the same or a copy of the same to the state com- missioner of labor. (Laws 1917, ch. 227, sec. 9.) 125. Permit Revoked. That whenever it shall appear to the commissioner of labor that any permit has been improperly or illegally issued or that the physical or moral welfare of such child could be best served by the revocation of such permit, he may forthwith revoke the same, and shall then notify the per- son employing such child and the child holding such permit of such revocation. (Laws 1917, ch. 227, sec. 10.) 126. Duties of Inspectors, That it shall be the duty of the state factory inspector, state inspector of mines and their deputies, to inspect the permits and lists hereinabove provided for, to examine children employed in factories, workshops, theaters, elevators, packing houses and mines, and the voca- tions mentioned in sections 1 and 2 of this act, as to their age and education, and to file complaints in any court of competent jurisdiction to enforce the provisions of this act, and it shall be the duty of the county attorney of the proper county to appear and prosecute all complaints so filed. (Laws 1917, ch. 227, sec. 11.) 127. Penalty. That any person, firm or corporation em- ploying any person or child in violation of any provision of this act, or permitting or conniving at such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days nor more than ninety days. (Laws 1917, ch. 227, sec. 12.) CH. 6] CITIES OF FIRST AND SECOND CLASS. 53 CHAPTER VL Cities. ARTICLE I. Cities of the First and Second Class. 128. Board of education. 129. Vacancies. 130. Nomination and election. 131. Vacancy. 132. Clerk. 133. Superintendent. 134. Examining committee; teachers. 135. Use of school buildings. 128. Board of Education. That section 9065 of the Gen- eral Statutes of Kansas for 1915 be amended to read as fol- lows: Sec. 9065. That in each city of the first and second class, except those cities having a population of more than 50,- 000 and less than 75,000 by the United States census of 1910, there shall be a board of education, which shall constitute a body corporate and politic possessing the usual powers of public corporations consisting of six members, to be nominated and elected by the qualified voters of the city at large, three of whom shall be elected at the general city election held in April of each odd-numbered year, and shall hold their office for the term of four years, and until their successors are duly elected and qualified, and said term of office shall begin on the first Monday in August succeeding their election: Provided, That at the election in the organization of any city of the second class as provided by law, three members of the board of education shall be elected whose term of office shall expire on the first Monday in August in the first odd-numbered year succeeding their election and three members of said board shall be elected who shall hold their office until the first Monday in August in the second odd-numbered year succeeding their election. The members of said board of education so elected shall qualify within ten days after their election by filing their oaths of office with the city clerk, and upon qualifying, said board of education so elected shall organize by the election of a president and vice president from its members and a clerk, which officers shall serve until the first Monday in the month of August following, and upon the qualification of said board of education, the powers of the preceding school district officers shall cease : Provided further, That no member of the board of education shall be a city commissioner or member of the city council, and no city commissioner or member of the city council shall be a member of the board of education. The ter- ritory attached to cities of the first and second class shall con- stitute a part of such city for the purposes of his act. (Laws 1917, ch. 271, sec. 1.) 129. Vacancies. [9067] That the board of education shall have power to fill any vacancy which may occur in their body : Provided, That any vacancy occurring more than ten days previous to the date provided by law for the filing of primary 54 CITIES OF FIRST AND SECOND CLASS. [CH. 6 nomination papers, and leaving an unexpired term of one or more years, shall be filled at the first city election thereafter, and the ballots and returns of election shall be designated as follows : "To fill the unexpired term of years/' (Laws 1911, ch. 267, sec. 3.) 130. Nomination and Election. [9069] That in all cities of the first and second class which have heretofore adopted or shall hereafter adopt the provisions of the General Statutes of the year 1909 authorizing the government of such cities by boards of commissioners, candidates for nomination at the primary and for election as members of the board of education shall be nominated and elected in the same manner as nearly as practicable as are the mayor and commissioners in such cities, and may be recalled in like manner. The number of members to be elected at each general city election shall be certified to the city clerk by the president or clerk of the board of education at least ten days previous to the date provided by law as the last day for filing primary nomination papers. The names of all candidates shall appear in alphabetical order on the official city primary ballot, in a separate column, under the heading "Candidates for nomination for members of the board of education of - - city at the primary election/' and above the names the words, "Vote for ," filling in the blank with the figure equalling the numbers of members of the board of education to be chosen at the regular election. The names of double the number of members of the board to be elected receiving the highest number of votes at the primary election shall be placed upon the ballot as candidates for mem- bers of the board of education at the next succeeding general city election. The persons receiving the highest number of votes at such regular election shall be declared elected, and each shall receive a certificate signed by the mayor and city clerk, under the seal of the city. Each person elected shall qualify within ten days after his election by filing an oath of office with the city clerk, but he shall not take office until the first Monday in August succeeding his election. The city clerk shall within thirty days after the canvass of the votes certify to the board of education the names of the candidates elected as members of such board. Any petition for nomination for member of the board of education filed prior to the date on which this act goes into effect, and complying with the law in effect at the time of filing said petition, is hereby declared to be legal. (Laws 1911, ch. 267, sec. 5.) 131. Vacancy. [9072] That the board of education in cities of the first and second class shall have the right, at any regular or special meeting, to hold an election to fill any va- cancy which may occur among the officers of the board, or any of its employees; and the board may remove, any of its em-, ployees for incompetence, negligence, or immorality, after no- CH. 6] CITIES OF FIRST AND SECOND CLASS. 55 tice and a fair hearing of the persons so charged. The fiscal year of the board shall close on the last day of June, and the annual reports of the president, clerk, superintendent and of the several committees shall be presented to the board on or before the first Monday in August of each year. (Laws 1911, ch. 269, sec. 2.) 132. Clerk. [9073] That it shall be the duty of the clerk to be present at all meetings of the board, to keep an ac- curate journal of its proceedings, and to have the care and custody of the records, books and documents of the board, to countersign all warrants drawn upon the treasurer by order of the board, to keep an accurate account of all moneys paid to the treasurer on account of said board and all moneys paid or orders drawn on the treasurer by order of said board, and to prepare and publish an annual report showing (1) the moneys received by the treasurer since the last report, and from what source received; (2) the amount of sinking fund, and how invested; (3) the moneys paid out, and for what; (4) the bal- ance of general fund in the hands of the treasurer; (5) and the number, date and amount of any bond issued by said board and of all bonds purchased for the sinking fund ; and the clerk shall perform such other duties as the board or its committees shall require. (Laws 1911, ch. 269, sec. 3.) 133. Superintendent. [9074] That the board of education in cities of the first and second class, at such times as they may deem expedient, shall elect a superintendent of schools, who shall not be a member of ,said board, for a term of one or two years, as the board may choose, and whose term shall begin on the first Monday in August. The superintendent shall have charge and control of the public schools of the city, subject to the orders, rules and regulations and by-laws of the board, and shall receive for his services such compensation as the board may allow. Such superintendent shall be the holder of a state certificate valid for at least three years, or be a graduate of an accredited normal school, college or university : Provided, That the qualifications herein specified shall not ap- ply to any person holding the position of superintendent of schools in any city of the first or second class at the date when this act shall take effect. (Laws 1911, ch. 269, sec. 4.) 134. Examining Committee; Teachers. [9075] That the board of education in cities of the first and second class, at such times as they may deem expedient, shall appoint two competent persons who, with the superintendent as chairman thereof, shall be styled the examining committee of the board of education, whose duty it shall be to examine all persons 56 CITIES OF FIRST, SECOND AND THIRD CLASS. [CH. 6 who shall apply to them as teachers; 16 and no person except one who holds a diploma or a certificate from the State Board of Education or a diploma from the State Normal School shall be elected by the board as a teacher, unless such person is the holder of a certificate from the examining committee, signed by all or a majority of them, and setting forth that such person is competent to teach in such department 17 of the public schools as may be stated in the certificate and is a person of good moral character. (Laws 1911, ch. 269, sec. 5.) 135. Use of School Buildings. [9077] The board of edu- cation of cities of the first and the second class shall have the care and keeping of all school buildings and other school prop- erties belonging to the city school districts. They shall have authority to open any or all school buildings for the use of night schools, improvement associations, scientific, mechanical or agricultural societies, under such regulation as the board of education may adopt : Provided, That the board of education may at any time, if they think best, refuse to open any or all school buildings for any or all of these purposes. (Laws 1913, ch. 283, sec. 1.) ARTICLE II. Cities of the First, Second and Third Class. 136. Right of eminent domain. 137. Commissioners to appraise and con- demn property. 138. Notice; report. 139. Title to land; appeal. 140. Costs. 141. County high schools. 142. Depositories for funds, cities of sec- ond and third class. 143. School boards may purchase or lease playgrounds. 144. Tax levy for playgrounds. 136. Right of Eminent Domain. [9408] That the right of eminent domain be and the same is hereby conferred upon the boards of education of all cities of the first and second class, all such boards having always been distinct bodies cor- porate possessing the usual powers of bodies of [or] corpo- rations for public purposes, and any school district in which is located a city of the third class. (Laws 1909, ch. 86, sec. 1.) 137. Commissioners to Appraise and Condemn Property. That section 9409 of the General Statutes of Kansas for 1915 be and is hereby amended so as to read as follows : Sec. 9409. That whenever it shall be deemed necessary by the board of education of any city of the first or second class or any school district in which is located a city of the third class or the board of trustees of any county high school to appropriate as much as it may deem necessary of any private property for its use 16. Qualifications of Teachers in Cities of the First and Second Class. The school law authorizes the board of education in a city of the first or second class to examine teachers as to their qualification to teach in any given department of the public schools of such city. Said board of edu- cation has power to determine the kind and grade of the certificates and for how long valid. Certificates of this kind are valid in the city of issue only. Cities of the first and second class must recognize certificates and diplomas issued by the State Board of Education and the State Normal Schools. 17. Such certificates are valid in elementary schools only. (See sec- tion 71 of this book.) CH. 6] CITIES OF FIRST, SECOND AND THIRD CLASS. 57 for sites for school buildings, playgrounds, agricultural, in- dustrial or athletic purposes, or any addition or extension to any school building site or playground already selected, the board of education of such city, or such school board, or board of trustees of such county high school shall cause a survey, description and plat of the land so required, to be made and filed with its clerk and thereupon shall make an order declar- ing that the appropriation of such land is necessary, and set- ting forth for what purposes the same is to be used. Upon written application of the board of education of said city, or school board of any school district in which is located a city of the third class, or board of trustees of any county high school, or a majority of the board, it shall be the duty of the judge of the district court of the county in which such land is situated to appoint three disinterested freeholders of such county as commissioners to condemn and appraise such lands, which appointment shall be in writing and certified to said board of education, school board or board of trustees, and said board shall without delay cause such application and certificate of the appointment to be recorded in the office of the register of deeds of such county ; and in case any person so appointed re- fuses or fails to serve as such commissioner for any reason, the said district judge, upon the application of such board, shall appoint some other person having the proper qualifica- tions to fill such vacancy. Such commissioners shall be sworn honestly and faithfully to perform their duties ; and such com- missioners shall proceed immediately after their appointment to condemn and appraise the value of the lands so selected. (Laws 1917, ch. 273, sec. 1.) 138. Notice; Report. [9410] Such commissioners shall give at least thirty days' notice of the time and place when and where the damage will be assessed, by publication for three consecutive weeks in some newspaper of general circulation published in such county that on the time fixed by such notice they will upon actual view appraise the value of the lands taken and assess any other damages to the owners thereof. Such notice shall describe the property taken and the name or names of the owner if known. The said commissioners may adjourn as often and for such length of time as may be deemed convenient, and may during any adjournment perfect and cor- rect all errors or omissions in the giving of notice by making new publication, citing corporations or individual property owners who have not been notified, or if defective or insuffi- cient notice has been given, a notice of any adjourned meeting shall be as effective as notice of the first meeting of the com- missioners, and the commissioners shall, upon completing their duties, make and sign a report describing the land so con- demned, the purpose for which it was condemned, and the ap- praised value thereof, which report shall be by them filed in the 58 CITIES OF FIRST, SECOND AND THIRD CLASS. [CH. 6 office of the city clerk of the city or clerk of said school district in which such land is located. Any such city clerk or clerk of said school district shall immediately cause a certified copy of such report to be filed in the office of the register of deeds of the county in which such land is situated, and by such register duly recorded as other instruments of writing affecting the titles to real estate. (Laws 1909, ch. 86, sec. 3.) 139. Title to Land; Appeal, [9411] Such city clerk or clerk of such school district shall immediately cause a certified copy of such report to be filed with the clerk of such board of education or clerk of said school district. If within thirty days after such report is filed in the office of the city clerk or clerk of said school district the board of education or said school board shall pay to the county treasurer for the use of the owner of such land the amount of the appraised value thereof, the title of such land so condemned and appropriated shall imme- diately vest in such board of education of said school district, which shall have the right forthwith to take possession of, occupy, use and improve the same. Either party, the owner of the land or the board of education of said school district, may appeal from such appraisement to the district court in the same time and manner that appeals are taken from the judg- ments of justices of the peace in civil actions, except as pro- vided in the following paragraph: The appeal bond shall be filed with and approved by the clerk of the district court in which said land so condemned and appropriated is situated, and such clerk or clerk of said district shall immediately make a transcript of the report of such commissioners and such bond and file the same with the clerk of the district court of the county in which said lands are located. (Laws 1909, ch. 86, sec. 4.) 140. Costs. [9412] That all costs and expenses of such condemnation proceedings shall be paid by such board of edu- cation or such school board out of its school fund. (Laws 1909, ch. 86, sec. 5.) 141. County High Schools. [9413] The provisions of this act shall also apply to and include boards of trustees of county high schools now or hereafter organized in the state of Kansas. (Laws 1909, ch. 86, sec. 6.) 142. Depositories for Funds, Cities of Second and Third Class. [1029] That in all cities of the second and third classes the city treasurer, and also the treasurer of the board of edu- cation of cities of the second class, and the treasurer of the school board of any district in which there is a city of the third class, shall deposit all public moneys coming into their hands in their official capacity in some responsible bank or banks within said city, the same to be designated by the mayor and councilmen of such cities, and in the case of such school funds said depositories to be designated by the board of education or CH. 6] CITIES OF FIRST, SECOND AND THIRD CLASS. 59 school board, as the case may be, in such city. Such deposit shall be made in the name of such treasurer as such officer, and such banks shall pay such interest on average daily bal- ances as may be agreed upon, figured on even hundreds of dollars : Provided, That in no case shall the rate of interest be less than two per centum per annum on such average daily balances: And provided further, That where more than one bank is designated as depository for any fund, such fund shall be equally divided by the treasurer of such fund among such banks. Before making such deposits the mayor and council- men, the board of education or school board, as the case may be, shall take from such bank or banks a good and sufficient bond, payable to such city, board of education, or school board, as the case may be, the same to be approved by such mayor and councilmen, or board of education, or school board, as the case may be, in a sum double the largest approximate amount that may be on deposit at any one time, or the bond of some surety company empowered to do business in the state of Kansas in a sum aggregating the largest approximate sum that may be on deposit at any one time, conditioned that such deposit shall be promptly paid on the check or draft of the treasurer of such city, board of education or school board, and the bondsmen of such treasurer shall not be liable for money so deposited ; but in no case shall more than one-half of the amount of said de- pository bond be subscribed by the officers of said bank, and such bank or banks shall on the first day of each month file with the clerk of such city, board of education or school board, as the case may be, a statement of the amount of money on hand at the close of business each day during the previous month and the amount of interest accrued thereon to said date. (Laws 1909, ch. 89, sec. 1.) 143. School Boards May Purchase or Lease Playgrounds. That section 9125 of the General Statutes of Kansas for 1915 is amended to read as follows: Sec. 9125. That the school boards and boards of education in all cities of this state are hereby authorized to purchase or lease grounds for public rec- reation places and playgrounds, and to establish and maintain for children on such grounds and in the public school build- ings and on the public school grounds, under the custody and management of such school boards or boards of education, public recreation places and playground and necessary accom- modations for the same. Such school boards or boards of edu- cation are also hereby authorized to cooperate with the officers having the custody and management of public buildings and public parks and other public grounds in such cities, and, by making satisfactory arrangements with such officers, to pro- vide for the supervision, instruction and oversight necessary to carry on public educational and recreational activities as described in this section in such buildings and upon such parks and grounds. (Laws 1917, ch. 274, sec. 1.) 60 CITIES OF FIRST CLASS. [CH. 6 144. Tax Levy for Playgrounds. That section 9126 of the General Statutes of Kansas for 1915 is amended to read as follows : Sec. 9126. That, in addition to the taxes which school boards and boards of education in all cities of the state are empowered to levy under existing statutes, such school boards and boards of education are hereby authorized to levy a tax not exceeding, in any one year, one-fourth of one mill on the dollar on all personal, mixed and real property, within such cities, taxable according to the laws of the state of Kan- sas, for the purpose of paying the cost of the activities here- inbefore mentioned in this act. Such tax shall be levied at the same time and in the same manner, and collected and dis- bursed by the same officers, as other taxes levied by such school boards and boards of education. (Laws 1917, ch. 274, sec. 2.) ARTICLE III. Cities of the First Class. 145. 146. 147. 148. 149. 150. 151 152 153 154 155 156 157 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. Cities of the first class defined. Attachment of adjacent territory. Powers of board of education. Organization of board, bond and oath of clerk. Duty of president. Duty of vice president. Duty of treasurer. Members of board shall not receive pay. Vacancy in examining committee. Annual levy of taxes. Levy; limitations. Taxes paid in money. Whole city shall compose school dis- trict. School property held by board of education. Sale of property. Meetings of board. Annual report. Expenditures. Sectarian doctrine. School property exempt from taxa- tion. Free dental inspection. Employment of dentists; regulations. Certificate of inspection. 168. Bonds. 169. Bond election; limitation. 170. Date, rate, time, and signature. 171. Annual levy for interest and sinking fund. 172. Use of sinking fund. 173. Payment of interest. 174. Security. 175. Registry of bonds. 176. Refunding of outstanding bonds. 177. Registration and signature 178. Tax levy to pay interest and bonds. 179. Penalty for failure to levy tax for payment of coupons. 180. Use of money levied and collected under this act. 181. Bonds for outstanding warrants. 182. Denominations; payment. 183. Bonds to be sold at par; waiTants delivered. 134. Tax for interest and sinking fund. 185. Bonds for outstanding warrants, cities less than 16,000 population. 186. Denominations; payment. 187. Bonds sold at par; warrants de livered. 188. Tax for interest and sinking fund. 145. Cities of the First Class Defined. [9078] All cities of more than 15,000 inhabitants shall be governed by the pro- visions of this act. (Laws 1876, ch. 122, art. 10, sec. 1.) 146. Attachment of Adjacent Territory. [9114] Terri- tory outside the city limits of any city of the first class, but adjacent thereto, may be attached to such city for school pur- poses, upon the application being made to the board of educa- tion of such city by a majority of the electors of such adjacent territory; and upon the application being made to the board of education they shall, if they deem it proper and to the best interests of the school of said city and territory seeking to be attached, issue an order attaching such territory to such city for school purposes and to enter the same upon their journal, and such territory shall from the date of such order be and CH. 6] CITIES OF FIRST CLASS. 61 compose a part of such city for school purposes only, and the taxable property of such adjacent territory shall be subject to taxation and bear its full proportion of all expenses incurred in the erection of school buildings and in maintaining the schools of said city. Such territory shall be attached to the several wards of such city contiguous thereto as shall be de- termined by the board of education of any such city, and when so attached shall remain parts of such for school purposes only. Persons residing upon such attached territory and possessing the qualifications of electors under the laws of the state of Kansas shall be qualified to vote at an election held in any such city for school purposes only in any such ward of such city to which such territory shall be attached, and official ballots shall be printed for such attached territory to such wards as in other cases. (Laws 1911, ch. 93, sec. 1.) 147. Powers of Board of Education. 18 [9108] The board of education shall have power to elect their own officers, make all necessary rules for the government of the schools of such city under its charge and control and of the board, subject to the provisions of this act and the laws of this state ; to organ- ize and maintain separate schools for the education of white and colored children, including the high schools in Kansas City, Kan.; no discrimination on account of color shall be made in high schools, except as provided herein; to exercise the sole control over the public schools and school property of such city; and shall have the power to establish a high school or high schools in connection with manual training and in- struction or otherwise, and to maintain the same as a part of the public-school system of said city. (Laws 1905, ch. 414, sec. 1.) 148. Organization of Board; Bond and Oath of Clerk. That section 9087 of the General Statutes of Kansas for 1915 is amended to read as follows: Sec. 9087. That the board of education in each city of the first class, at its regular meet- ing on the first Monday in August in each year, shall organize by the election of a president and vice president from its mem- bers, each of whom shall serve for one year and until his suc- cessor is elected and qualified ; and the board shall elect a clerk for a term of one year who shall not be a member of said board,, who shall receive for his services such compensation as the board may allow. Before entering upon the discharge of his duties, the clerk of the board of education shall give bond in the sum of one thousand dollars, with good and sufficient sureties, to be approved by the board, and shall take and subscribe an oath or affirmation before a proper officer that he will support the constitution of the United States, the constitution of the 18. See sections 128-134 for the organization and election of boards of education in cities of the first and second class. 62 CITIES OF FIRST CLASS. [CH. 6 state of Kansas, and faithfully perform the duties of his office. (Laws 1917, ch. 269, sec. 1.) 149. Duty of President. [9085] It shall be the duty of the president to preside at all meetings of the board of educa- tion, to appoint all committees whose appointment is not other- wise provided for, and to sign all warrants ordered by the board of education to be drawn upon the city treasurer for school moneys. (Laws 1876, ch. 122, art. 10, sec. 6.) 150. Duty of Vice President. [9086] It shall be the duty of the vice president to perform all the duties of the presi- dent, in case of his absence or disability. (Laws 1876, ch. 122, art. 10, sec. 7.) 151. Duty of Treasurer. [9088] The treasurer of the city shall be ex officio the treasurer of the board of education, and shall give bond to the board of education as the board may re- quire, said bond to be approved by the board of education and filed with its clerk. It shall be the duty of the treasurer to de- posit daily all money belonging to the board of education in some responsible bank, to be designated by the board of educa- tion, in the name of such treasurer as such officer, which bank shall pay interest on monthly average balances as may be agreed upon by such bank and the board of education ; and be- fore making such deposits the board of education shall take from such bank a good and sufficient bond in a sum to be desig- nated by the board of education, conditioned that such deposit shall be promptly paid on the check or draft of such treasurer. The treasurer shall attend all of the meetings of the board when required to do so, shall prepare and submit in writing a monthly report of the finances of said board, and shall pay school moneys only upon a warrant signed by the president, or in his absence by the vice president, and countersigned by the clerk. The treasurer shall receive from the board of educa- tion fifty dollars per annum for his services as treasurer, and no more: Provided, That boards of education in cities of the first class may, if they deem it proper, elect the treasurer of the board of education to serve during the pleasure of the board and receive such salary as they may determine. (Laws 1911, ch. 97, sec. 1.) 152. Members of Board Shall Not Receive Pay. [9089] No member of the board of education shall receive any pay or emolument for his services. (Laws 1876, ch. 122, art. 10, sec. 11.) 153. Vacancy in Examining Committee. [9090] The board of education shall have power to fill any vacancy which may occur in the examining committee. (Laws 1876, ch. 122, art. 10, sec. 13.) 154. Annual Levy of Taxes. [9079] That the board of education in cities of the first class shall, in the month of CH. 6] CITIES OF FIRST CLASS. 63 August of each year, levy a tax for the support of the schools of the city, including building and repair of school buildings, for the fiscal year commencing on the 1st day of July last pre- ceding the month of August in which levy shall be made, not exceeding in any one year twenty mills on the dollar on all personal, mixed and real property within said city which is taxable according to the laws of the state of Kansas, which levy the president and clerk of the board shall, on or before August 25, certify to the county clerk, who is hereby author- ized and required to place the same on the tax roll of said county, to be collected by the treasurer of the county as are other taxes and paid over by him to the treasurer of the board of education, subject to the order of said board of edu- cation : Provided, That in all cities of the first class having a population of exceeding thirty-eight thousand inhabitants, the board of education of such city shall have power and is hereby authorized to levy a tax for the support of the schools of such city for such fiscal year of not to exceed seventeen mills on the dollar of all taxable property in such city, and shall have power, in addition thereto, to levy a tax upon all the taxable property in such city of not exceeding three mills on the dol- lar of the assessed valuation for building purposes and repairs of school buildings in such city : And provided further, That each and all of the foregoing levies hereby authorized shall be exclusive of and in addition to the amount necessary to be levied under existing laws for the payment of interest upon bonds heretofore issued or which may be hereafter issued by boards of education of cities of the first class and for a sinking fund for the redemption of such bonds, as provided by the laws under which such bonds have been or may be issued. (Laws 1907, ch. 330, sec. 1.) 155. Levy, Limitations. That section 1 of chapter 308 of the Laws of 1919 be and the same is hereby amended to read as follows: Sec. 1. That the authority of boards of educa- tion in cities of the first class to levy taxes as provided in chap- ter 330, Laws of 1907, is hereby limited so that the board of education of any such city shall not fix a rate of levy for the respective purposes in excess of the following named rates: For the support of the schools of the city the rate of levy shall not exceed 12 mills ; for the purchase of sites and for the con- struction and repairing of school buildings the rate of levy shall not exceed 2 mills. (Laws 1920, ch. 52, sec. 9.) 156. Taxes Paid in Money. [9091] All taxes collected for the benefit of the public schools shall be paid in money, and shall be placed in the hands of the city treasurer, subject to the order of the board of education. (Laws 1876, ch. 122, art. 10, sec. 15.) 157. Whole City Shall Compose School District. [9092] The whole city shall compose a school district for all purposes 64 CITIES OF FIRST CLASS. [CH. 6 of taxation, but may be subdivided by the board of education into as many districts as they may think proper. (Laws 1876, ch. 122, art. 10, sec. 16.) 158. School Property Held by Board of Education. [9093] The title of all property held for the use or benefit of the public schools shall be vested in the board of education, and held by them in trust for the city; and the board of education may sue in its own name for all money due or to become due to the board or the school fund, and for any trespass upon, injury to or concession of any of the school property of said city, for the benefit of the school fund of such city. (Laws 1876, ch. 122, art. 10, sec. 17.) 159. Sale of Property. [9094] No school property of any kind shall be sold or conveyed by the board of education, ex- cept at a regular meeting of the same, and not then without an affirmative recorded vote of at least two-thirds of all the members of said board. (Laws 1876, ch. 122, art. 10, sec. 18.) 160. Meetings of the Board. [9095] The regular meet- ings of the board of education shall be upon the first Monday in each month, but special meetings may be held from time to time, as circumstances may demand. (Laws 1876, ch. 122, art. 10, sec. 19.) 161. Annual Report. [9096] The board of education at the close of each school year, or as soon thereafter as prac- ticable, shall make an annual report of the progress, pros- perity, and condition, financial as well as educational, of all the schools under their charge; and said report, or such por- tion of it as the board of education shall consider of advantage to the public, shall be printed either in a public newspaper or in pamphlet form. (Laws 1876, ch. 122, art. 10, sec. 20.) 162. Expenditures. [9097] No expenditures involving an amount greater than $200 shall be voted, except in accord- ance with the provisions of a written contract. (Laws 1876, ch. 122, art. 10, sec. 21.) 163. Sectarian Doctrine. [9098] No sectarian or religious doctrine shall be taught or inculcated in any of the public schools of the city; but nothing in this section shall be con- strued to prohibit the reading of the Holy Scriptures. (Laws 1876, ch. 122, art. 10, sec. 22.) 164. School Property Exempt from Taxation. [9103] All property held by the board of education for the use of public schools shall be exempt from taxation, and shall not be taken in any manner for any debt due from the city. (Laws 1876, ch. 122, art. 10, sec. 23.) 165. Free Dental Inspection. That section 9099 of the General Statutes of 1915 be amended to read as follows : Sec. 9099. That the boards of education of cities of the first and second class and school boards of school districts are hereby CH. 6] CITIES OF FIRST CLASS. 65 required to provide for free dental inspection annually for all children, except those who hold a certificate from a legally qualified dentist showing that this examination has been made within three months last past, attending such schools. (Laws 1919, ch. 263, sec. 1.) 166. Employment of Dentists; Regulations. That section 9100 of the General Statutes of 1915 be amended to read as follows: Sec. 9100. That said boards of education and dis- trict boards of each school shall provide a place of inspection and designate some competent, licensed dentist or dentists to make such inspection, and such boards of education and dis- trict boards may fix a compensation for such services, which sum may be paid out of the school fund of each school for the services rendered therein, and said boards of education for their respective cities and the county superintendent of public instruction for school districts are hereby authorized to make all necessary rules and regulations for the proper conduct of such inspection and carrying into effect all of section 1 of this act, and furnish all necessary forms and blanks for the reports of such inspection. (Laws 1919, ch. 263, sec. 2.) 167. Certificate of Inspection. That section 9101 of the General Statutes of 1915 be amended to read as follows : Sec. 9101. That certificate of the result of such inspection, to- gether with suggestions of requirements for the curing of any defects found shall be made by the party making such inspec- tion, in duplicate, one copy of same to be furnished to the child examined, the other to be filed with the clerk of the school board to which said child belongs : Provided, hoivever, That no work other than the inspection and report shall be performed by examining dentist without the consent of the parents or guardian of the child. (Laws 1919, ch. 263, sec. 3.) 168. Bonds. [9080] Whenever it shall be necessary to raise funds to purchase a school site or sites, to furnish, to repair, to make additions, or to build a school building, it shall be the duty of the board to prepare an estimate of the costs of such site or sites, repairs, additions/or buildings, together with the cost of furnishing the same, with estimates, shall be spread upon the records of the board, when adopted by a recorded yea-and-nay vote of two-thirds of all the members of the board at a regular meeting; and in every case the board shall com- plete said repairs, additions, or buildings, together with the furnishing of the same and the purchase of such site or sites, within the estimated costs thereof; and in no case shall any board create a deficiency or outstanding obligations in the purchase of such site or sites, the making of such repairs, or the erection of additions or buildings. And every member of a school board who shall be a party to creating a deficiency or outstanding obligations within the meaning of this section shall be deemed guilty of a misdemeanor, and shall on con- 3 School Laws 2728 66 CITIES OF FIRST CLASS. [CH. 6 viction be punished by removal from office and a fine of not less than $100, and shall be personally liable for damages in any action, which it shall be the duty of the city attorney of such city of the first class to prosecute, brought in the name of such school district, for the amount of such deficiency or outstand- ing obligations, which money when so collected shall be used to liquidate such deficiency or outstanding obligations : Pro- vided, That any vacancy created in any school board under the operation of this section shall be filled as provided in sec- tion 2 of this act. 19 (Laws 1891, ch. 196, sec. 3.) 169. Bond Elections, Limitation. That section 1, of chap- ter 262 of the Laws of 1919 is hereby amended to read as fol- lows : Section 1. That it shall be the duty of the mayor of such cities of the first class, within thirty days after receiving a cer- tified copy of the action of the board of education showing the necessity and giving a statement of the estimated cost of such school sites, repairs, additions, building or buildings, signed by the clerk and countersigned by the president of the board, to issue a proclamation for holding an election to vote bonds to the amount prayed for by the board; but no bonds shall be issued unless a majority voting at such election shall vote therefor; nor shall the entire amount of such school bonds issued exceed in the aggregate, including existing indebted- ness, three per cent of the valuation of the taxable property of such city, as ascertained by the last assessment of property for state and county taxes, previous to incurring the proposed indebtedness. Any member of a board of education or officer thereof, who shall vote for, counsel, consent to, or in any wise assist in the issue of any bond or bonds, in excess of the per centum herein authorized, shall be liable jointly and severally to the holder of any such bonds for the amount due thereon, to be recovered in a civil action in any court of competent juris- diction; and judgment thereon may be collected and enforced in the same manner as other judgments are collected and en- forced. (Laws 1920, ch. 55, sec. 1.) 170. Date, Rate, Time, and Signature. [9082] The bonds, the issuance of which is provided for in this act, may, at the option of the board, be installment bonds. All bonds shall be dated on the day they are issued, shall bear interest at a rate not exceeding six per centum per annum, payable semiannually on January first and July first, and shall be payable in not more than thirty years. They shall be signed by the president and secretary, attested with the seal of the board. The cou- pons, if any be attached, shall be signed by the president of the board, and each bond so issued shall not be for a sum less than fifty dollars. (Laws 1891, ch. 196, sec. 5.) 171. Annual Levy for Interest and Sinking Fund. [9083] The board of education in its annual estimate, as provided for 19. Laws 1891, ch. 196, sec. 2. CH. 6] CITIES OF FIRST CLASS. 67 in section 2 of this act, 20 shall include an amount sufficient to pay the interest as it accrues on all outstanding bonds issued by the board, and also to create a sinking fund for the redemp- tion of said bonds, and shall levy and cause the same to be col- lected as provided for in said section, in addition to the levy authorized by said section for school purposes ; and such money shall remain a specific fund for said purposes only, and shall not be appropriated to any other purpose. (Laws 1891, ch. 196 ; sec. 6.) 172. Use of Sinking Fund. [9104] The moneys levied and collected for creating a sinking fund for the redemption of the principal of the bonds issued by the board of education shall be used and employed or invested as follows: (1) After retaining an amount sufficient to pay the principal of any bonds maturing during the year, the board shall, with the sur- plus of such sinking fund, when the same shall be $1,000 or more, purchase any of the outstanding bonds issued by the board. Such purchase shall be made at the lowest price such bonds can be purchased at, but at not more than par value of such bonds; and whenever there shall be a surplus of such sinking fund amounting to the sum of $1,000, the board shall purchase therewith like bonds, on the same terms and condi- tions hereinbefore specified. (2) If for any reason such bonds can not be purchased as hereinbefore specified, such sinking fund shall be invested by the treasurer, under the direction of the board of education, at such times as the board shall direct, in the interest-bearing bonds of the United States or the state of Kansas, which shall be purchased at the lowest market price. Interest accruing upon such bonds shall be invested in -the same manner and for the same purpose as sinking fund. Such bonds shall be held by the treasurer until the principal of the bonds issued by the board of education shall become due, and shall then be sold at the highest market price, and the proceeds applied to the payment of the bonds : Provided, That if at any time the board shall deem it best, it shall be lawful for such board to sell such bonds for the purpose of purchasing the bonds issued by such board ; but all such sales shall be at the highest market price, and the bonds of the board purchased with the proceeds of such sale shall be purchased at the lowest price they can be obtained for, and not above the par value of such bonds : Provided, That no bond issued by the board of edu- cation shall be purchased by said board that has not been out- standing five years : And provided further, that the bonds first maturing shall be first purchased, if they can be purchased on terms as favorable to the board as any others offered for sale to the said board. All bonds of the said board purchased under the authority hereby given, or paid by the board, shall be forth- with canceled and destroyed, and the clerk shall enter on the 20. Section 154 of this book. 68 CITIES OF FIRST CLASS. [CH. 6 bond register of the said board, on the margin of the record of said bonds, the date when the same were purchased and the price paid ; and thereafter no interest or sinking fund shall be levied or collected for or on account of said bonds so canceled. Such sinking fund shall never be used nor appropriated in any other manner whatever. (Laws 1876, ch. 122, art. 10, sec. 27.) 173. Payment of Interest. [9105] Whenever the interest of the above-mentioned bonds shall become due, the same shall be paid by the treasurer. (Laws 1876, ch. 122, art. 10, sec. 28.) 174. Security. [9106] The credit of the school fund of the city i hereby pledged to the payment of the interest and principal of the bonds mentioned in this article, as the same may become due. (Laws 1876, ch. 122, art. 10, sec. 29.) 175. Registry of Bonds. [9107] It shall be the duty of the clerk of the board of education to register, in a book pro- vided for that purpose, the bonds issued under this act, which said registry shall show the number, date and amount, and to whom is made payable, each of said bonds. (Laws 1876, ch. 122, art. 10, sec. 30.) 176. Refunding of Outstanding Bonds. [9109] The board of education of any city of the first class is hereby authorized and empowered to refund any and all outstanding bonds here- tofore issued by order of said board by issuing new bonds to the holder of such outstanding bonds : Provided, That such new bonds shall not be for greater amount than the par value of the bonds refunded. Such refunding bonds shall severally, be of such amount as said board shall direct, and shall state for what purpose issued, and be payable to the per- son to whom issued or bearer within twenty years after date, and shall bear interest at the rate not exceeding five per cent per annum, payable semiannually, on January 1 and July 1, as evidenced by coupons attached. All bonds refunded under the provisions of this act shall be noted as surrendered and can- celed on the registry of the said board and the same shall be destroyed in the presence of said board. (Laws 1903, ch. 70, sec. 1.) 177. Registration and Signature. [9110] The bonds hereby authorized shall be numbered, and shall be registered in the book kept by said board for the registry of its bonds ; and said bonds shall be signed by the president and clerk of said board, attested with the seal of said board by the clerk, and countersigned by the treasurer of said city. (Laws 1879, ch. 81, sec. 4.) 178. Tax Levy to Pay Interest and Bonds. [9111] The board of education, and any and all boards, body, or officers, . by law authorized to levy and collect taxes in and for said city for the support of schools therein, shall, at the same time and CH. 6] CITIES OF FIRST CLASS. 69 in the same manner as the other taxes for school purposes are levied and collected, and in each and every year until said bonds and interest are fully paid, as hereinbefore provided, levy or cause to be levied upon all the property within the said city subject to taxation for school purposes a tax or taxes sufficient in amount to pay and discharge two of the coupons of each of the bonds issued under the provisions of this act, and then outstanding, and cause the same to be collected in the same manner as other school taxes are collected, and with the money so collected pay and discharge the coupons for which said tax or taxes were levied. And it shall be the duty of the clerk of the said board to forthwith, on the payment of any such coupons, note their payment upon the registry of said bonds, and present the same to the board, and in their presence cancel the same in such manner as the board shall direct; and said coupons shall be carefully preserved until the final payment of said bonds, and then destroyed; and the possession of such coupons by the board shall be conclusive evidence of their payment. And the said board shall issue no bonds thereafter, except the refunding bonds provided for by this act. (Laws 1879, ch. 81, sec. 5.) 179. Penalty for Failure to Levy Tax for Payment of Coupons. [9112] If said board of education, or other board, body, or officer, whose duty it shall be to levy taxes for the payment of the coupons of the said bonds, as herein provided, shall neglect or refuse to levy the tax or taxes for the pay- ment of the coupons as by this act required, each member of such board or body, and each officer, who shall vote against or otherwise oppose the levy and collection of such tax or taxes, or shall do any act to prevent or delay such levy and collection, shall be liable, jointly and severally, to each and every holder of such bonds, or coupons of said bonds, which would have been payable from such taxes if the same had been levied, for the whole amount unpaid on such coupons ; and the same may be recovered in a civil action in any court of competent juris- diction, and judgment rendered thereon may be collected and enforced in the same manner as other judgments are collected and enforced; and any such officer so neglecting or refusing to levy such tax shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in an amount equal to the amount which it may be shown should have been so levied during such year, or imprisoned in the county jail for a term not less than three nor more than twelve months. (Laws 1879, ch. 81, sec. 6.) 180. Use of Money Levied and Collected under this Act. [9113] Moneys levied and collected and received under and pursuant to this act shall not be used or employed for any other purpose than the payment of coupons of the bonds by this act authorized ; and any member of said board, or officer, 70 CITIES OF FIRST CLASS. [CH. 6 who shall cause such money so collected to be used for any other purpose, temporary or otherwise, whatever, or counsel or consent to the same being so used, shall be liable jointly and severally to the holder of any such bonds or coupons for any coupons due, to be recovered and collected as in section 6 hereof specified. 21 (Laws 1879, ch. 81, sec. 7.) 181. Bonds for Outstanding Warrants. [654] The board of education of any city of the first class having a population of less than 16,000 is hereby authorized to issue bonds of such board of education, in an amount not to exceed the total amount due on warrants of said board of education outstand- ing at the time this law takes effect, including accrued inter- est thereon. The proceeds of said bonds shall be used for the payment of the amount due on such outstanding warrants, in- cluding interest, and for no other purpose whatsoever. (Laws 1915, ch. 310, sec. 1.) 182. Denominations; Payment. [655] Said bonds shall be issued in denominations of not less than one hundred dol- lars, and shall be payable not more than twenty years from the date thereof, and shall bear interest at a rate not to exceed five per cent per annum, payable semiannually, for which in- terest coupons shall be attached to said bonds. The board of education issuing said bonds shall by resolution determine the time or times when said bonds shall be payable and the de- nomination or denominations thereof. The bonds shall be signed by the president and the clerk of the board of education issuing the same, and the coupons shall be signed in the same way, or have printed or engraved thereon a facsimile of said signature. (Laws 1915, ch. 310, sec. 2.) 183. Bonds to be Sold at Par; Warrants Delivered. [656] Said bonds shall be sold under the direction of the board of education issuing the same, for not less than their par value, and no commission shall be allowed for the same. No bonds shall be delivered to any purchaser unless the board of educa- tion issuing the same shall receive at the time of the delivery thereof the outstanding warrants which are paid by the pro- ceeds of the said bonds. (Laws 1915, ch. 310, sec. 3.) 184. Tax for Interest and Sinking Fund. [657] Each board of education issuing under the provisions of this act shall each year levy a tax not exceeding two mills on the taxable property of said city and the territory attached thereto for school purposes sufficient to pay the interest accruing thereon and provide a sinking fund for the payment of the principal of said bonds as it may deem proper from said tax. (Laws 1915, ch. 310, sec. 4.) 185. Bonds for Outstanding Warrants, Cities Less than 16,000 Population. The board of education of any city of the 21. Section 179 of this book. CH. 6] CITIES OF FIRST CLASS. 71 first class having a population of less than 16,000 is hereby au- thorized to issue bonds of such board of education, in an amount not to exceed the total amount due on warrants of said board of education outstanding at the time this law takes effect, including accrued interest thereon. The proceeds of said bonds shall be used for the payment of the amount due on such outstanding warrants, including interest, and for no other purpose whatsoever. (Laws 1920, ch. 17, sec. 1.) 186. Denominations; Payment. Said bonds shall be issued in denominations of not less than one hundred dollars, and shall be payable not more than twenty years from the date thereof, and shall bear interest at a rate not to exceed five per cent per annum, payable semi-annually, for which interest coupons shall be attached to said bonds. The board of education issuing said bonds shall by resolution determine the time or times when said bonds shall be payable and the denomination or denomina- tions thereof. The bonds shall be signed by the president and the clerk of the board of education issuing the same, and the coupons shall be signed in the same way, or have printed or engraved thereon a facsimile of said signature. (Laws 1920, ch. 17, sec. 2.) 187. Bonds Sold at Par; Warrants Delivered. Said bonds shall be sold under the direction of the board of education issu- ing the same, for not less than their par value, and no com- mission shall be allowed for the sale of the same. No bonds shall be delivered to any purchaser unless the board of educa- tion issuing the same shall receive at the time of the delivery thereof the outstanding warrants which are paid by the pro- ceeds of the said bonds. (Laws 1920, ch. 17, sec. 3.) 188. Tax for Interest and Sinking Fund. Each board of education issuing under the provisions of this act shall each year levy a tax not exceeding two mills on the taxable property of said city and the territory attached thereto for school pur- poses sufficient to pay the interest accruing thereon and to pro- vide a sinking fund for the payment of the principal of said bonds as it may deem proper from said tax. (Laws 1920 ch. 17, sec. 4.) 72 CITIES OF SECOND CLASS. [CH. 6 ARTICLE IV. Cities of the Second Class. 189. Cities of the second class defined. 190. Free schools. 191. Adjacent territory. 192. Vote of residents in territory at- tached. 193. Expense of school elections. 194. City of third class changed to second class. 195. County superintendent may detach territory. 196. Organization. 197. Body corporate. 198. Conveyance of property. 199. Conveyance, how executed. 200. Powers of the board. 201. Duty of the president. 202. Duty of the vice president. 203. Bond of clerk. 204. Election of treasurer of the board. 205. Duty of treasurer. 206. Annual school tax. 207. Limitation of levy; indebtedness. 208. Limitation of levy in certain cities. 209. Oath of office. 210. Taxable property. 211. Meetings of the board. 212. Annual report. 213. Expenditures and contracts. . 214. Sectarian doctrine. 215. Bonds; election, limitation. 216. Authority to issue bonds to complete, equip and furnish school buildings. 217. Bond election necessary. 218. Act supplemental. 219. Limit of bonds in certain cities. 220. Bond election. 221. Execution of bonds. 222. Annual levy for interest and sinking fund. 223. Investment of sinking fund. 224. Payment of interest. 225. Security. 226. Registry of bonds. 227. Levy for buildings. 228. Payment by warrants or bonds. 229. Expenditure for additional school grounds. 230. Validity rf official ac's. 189. Cities of the Second Class Defined. [9127] All cities now organized and acting as cities of the second class, by virtue of the authority of former acts, and all cities hereafter at- taining a population over 2,000 and not exceeding 15,000 in- habitants, shall be governed by the provisions of this act; and whenever any city shall have hereafter attained a popula- tion exceeding 2,000 inhabitants, and such fact shall have been duly ascertained and certified by the proper authorities of such city to the governor, he shall declare, by public proclamation, such city subject to the provisions of this act. The mayor and council of such city shall, at the time of making the certificate herein provided for, make out and transmit to the governor an accurate description by metes and bounds of all the lands included within the limits of such city, and the additions thereto, if any. (Laws 1876, ch. 122, art. 11, sec. 1.) 190. Free Schools. [9128] In each city governed by this act there shall be established and maintained a system of free common schools, which shall be kept open not less than three njor more than ten months in any one year, and shall be free to all children residing in such city between the ages of five and twenty-one years. But the board of education may, where schoolroom accommodations are insufficient, exclude for the time being children between the ages of five and seven years. (Laws 1876, ch. 122, art. 11, sec. 2.) 191. Adjacent Territory. [9129] Territory outside the city limits, but adjacent thereto, may be attached to such city for school purposes, upon application to the board of edu- cation of such city by a majority of the electors of such ad- jacent territory, and upon the application being made to the board of education they shall, if they deem it proper, and to the best interests of the schools of said city and territory seek- ing to be attached, issue an order attaching such territory to CH. 6] CITIES OF SECOND CLASS. 73 such city for school purposes, and enter the same upon their journal; 22 and such territory shall from the date of such order be and compose a part of such city for school purposes only, and the taxable property of such adjacent territory shall be subject to taxation, and shall bear its full proportion of all expenses incurred in the erection of school buildings and in maintaining the schools of the city. Whenever the territory so attached shall have attained a population equal to one-half that of any ward of such city, or whenever the taxable prop- erty of such attached territory shall be equal to one-half that of any one ward of such city, such attached territory shall be entitled to elect two members of the board of education, which said members shall be elected at the same time and in the same manner as other members of such board. The mayor and council and city clerk of such city shall provide for elec- tions in said detached territory, and shall canvass the returns thereof in the same way as is required by law in respect to a ward of such city : Provided, That the board of education shall pay all the expenses of such election. But until such attached territory shall be declared to have attained a population or taxable property equal to one-half that of any one ward of such city, such territory shall be attached to the several wards of such city contiguous thereto as shall be determined by the board of education of any such city, and when so attached shall remain parts of such city for school purposes only. Any persons residing upon such attached territory, -possessing the qualifications of electors, as provided in section 5585 of the General Statutes of 1889, shall be qualified to vote at any elec- tion held in any such city for school purposes only, in any such ward of such city to which such territory shall be attached, and official ballots shall be printed for such attached territory to such wards as in other cases. (Laws 1903, ch. 234, sec. 1.) 192. Vote of Residents in Territory Attached. [9130] At all elections, or primary elections, held in any city of the second class for the election or nomination of members of the board of education or other officers, or for any other purpose, all persons entitled to vote, residing in the territory attached to such city for school purposes and outside the limits of the city, shall vote at a place within the city to be designated by the mayor of such city at the same time and in the same man- ner as places of election in the several wards and precincts are designated, and said place of election shall be equipped and furnished as provided by the general election laws. (Laws 1915, ch. 307, sec. 1.) 193. Expense of School Elections. [9131] The expense of all elections held for school purposes in cities of the second class shall be paid by the board of education of such city, ex- 22. School districts may be attached to cities of the second class in accordance with this section. (See also section 340 of this book.) 74 CITIES OF SECOND CLASS. [CH. 6 cept that when an election is held for both city and school purposes at the same time then the expense shall be paid in equal parts by the city and board of education. (Laws 1915, ch. 307, sec. 2.) 194. City of Third Class Changed to Second Class. [9165] That whenever any city of the third class shall become a city of the second class, the territory of the school district wherein such city is situated shall be and remain attached to such city for school purposes, unless detached by the county superin- tendent of public instruction, as provided in section 12 of chapter 152 of the Laws 7. County treasurer. 258. County clerk shall report to county superintendent. 259. Justices shall report to county su- perintendent proceeds of fines and estrays. 260. Moneys and property to be delivered to proper officers. 261. No compensation. 262. Penalty. 263. Unclaimed money. 264. Fines and penalties paid into com- mon-school fund. 257. County Treasurer. [9281] The county treasurer shall collect all moneys due the county for school purposes from fines, forfeitures, or proceeds from the sale of estrays, and all moneys paid by persons as equivalent for exemption from military duty; and he shall, upon proper application of the district treasurer of any district in the county, pay over to the said district treasurer the amount apportioned to the dis- trict by the county superintendent. 47 He shall also collect the delinquent taxes on real estate in any district, in the same manner as county taxes are collected, whenever such delin- quent tax list shall have been lawfully reported and returned to him, and he shall pay the same over to the treasurer of the district to which such delinquent taxes are due; and if any county treasurer shall refuse to deliver over to the order of the county superintendent any school money in his possession, or shall use or permit to be used for any other purpose than is specified in this act any school money in his possession, he shall on conviction thereof be adjudged guilty of a misde- meanor, and be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding one year. (Laws 1876, ch. 122, art. 17, sec. 1.) 258. County Clerk. [9282] The county clerk of each county shall, on the first Mondays of March and July of each year, make out and transmit to the county superintendent a true statement of any county school money then in the county treasury. (Laws 1876, ch. 122, art. 17, sec. 3.) 259. Justice of the Peace. [9283] Each justice of the peace shall report to the county superintendent, on the 1st day of March and on the 25th day of July of each year, the amount received from the proceeds of fines and estrays during the six months preceding, and belonging to the school fund of the county; and each justice of the peace, at the time of mak- ing his report to the county superintendent, shall promptly pay all of said proceeds to the county treasurer, to be disbursed by the county superintendent at the next ensuing semiannual dividend. (Laws 1876, ch. 122, art. 17, sec. 3.) 47. The county school fund is added to the allotment received from the state school fund and apportioned as one fund by the county super- intendent. CH. 9] COUNTY SCHOOL FUND. 95 260. Moneys and Property. [9284] All persons having school moneys or other property in their possession, by virtue of any act heretofore passed, are hereby required to pay over and deliver the same to the proper officers provided for by this act. (Laws 1876, ch. 122, art. 17, sec. 4.) 261. No Compensation. [9285] No county treasurer shall receive any compensation for disbursing or receiving; either county or state school moneys. (Laws 1876, ch. 122, art. 17, sec. 5.) 262. Penalty. [9286] Any county treasurer who shall neglect or fail to pay over any school money in the treasury, on application, shall be subject to a fine of not less than $500 for every such neglect or failure. (Laws 1876, ch. 122, art. 17, sec. 6.) 263. Unclaimed Money. That section 9243 of the General Statutes of Kansas for 1915 be amended so as to read as fol- lows: Sec. 9243. If any sum of money directed by an order of the court to be distributed to heirs, next of kin, or legatees, shall remain for the space of one year unclaimed, the executor or administrator shall pay over the same to the treasurer of the county for the benefit of the common schools of the county : Provided, If at any time within twenty-one years after the date of payment of said money to the county treasurer any person or the legal representative of any person shall appear and claim said money as the rightful heir to said estate, and shall prove heirship satisfactorily to the probate court, the judge of said court shall so certify, and the county treasurer shall pay over to such claimant or his legal representative the sum so received from such estate. (Laws 1917, ch. 187, sec. 2.) 264. Common-school Fund. [8257] All fines and penalties imposed, and all forfeitures incurred, in any county, shall be paid into the treasury thereof, to be applied to the support of common schools. (Gen. Stat. 1868, ch. 82, sec. 332.) 96 COUNTY SUPERINTENDENT. [CH. 10 CHAPTER X. County Superintendent. 288. Boundary lines reestablished in case of error. 289. Indebtedness of depopulated district. 290. County treasurer shall pay orders. 291. Depopulated district may be disor- ganized. 292. When district is depopulated. 293. Partially depopulated districts may be disorganized. 294. Partially depopulated district de- fined. 295. Petition for disorganization. 296. Territory attached to adjacent dis- trict. 297. Floating indebtedness of disorganized district. 2P8. Orders paid by county treasurer. 299. Disposition of funds. 300. Disposition of property. 301. Territory not liable for debts. 302. Annexation of school districts. 303. Floating indebtedness of districts an- nexed. 304. Property of annexed districts. 305. Other duties; deputy. 306. Neglect or refusal to perform duty. 307. Agent of state orphans' home. 308. Trespassers on school lands. 265. Qualifications. 266. Term of office. 267. Oath and bond. 268. General duties. 269. Annual convention of school district boards. 270. Apportionment of school funds. 271. Annual report. 272. Compensation. 273. Assistant county superintendent. 274. Compensation of assistants. 275. Vacancy in school-district board. 276. Vacancy in office of county superin tende'nt. 277. Reports of district clerks. 278. Power to administer oaths in certain cases. 279. Purchase of records. 280. Forming and changing disti-icts. 281. School districts within an Indian reservation. 282. Appeal to county commissioners. 283. Notice of first district meeting. 284. Division of property. 285. Description of school district bound- aries. 286. County superintendent shall furnish map. 287. Boundary lines reestablished, 265. Qualifications. [8880] That a person to be eligible to the office of county superintendent of public instruction must hold a professional certificate, first-grade certificate, or a state certificate, or be a graduate of an accredited college or normal school, and must have taught at least eighteen months : Provided, That this act shall not apply to any person now hold- ing the office of county superintendent or to any person who is now a county superintendent elect. (Laws 1907, ch. 167, sec. 1.) 266. Term of Office. [8878] The term of office of the county superintendent of public instruction shall begin on the second Monday of May of each odd year, beginning with the year A. D. 1901. (Laws 1899, ch. 244, sec. 1.) 267. Oath and Bond. [8881] The county superintendent of public instruction shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to sup- port the constitution of the United States and of the state of Kansas, to faithfully discharge the duties of said office, and execute to the state of Kansas a bond in the sum of $1,000, con- ditioned to the faithful performance of his official duties; which bond, after having been approved by the board of county commissioners, together with his official oath, shall be filed in the office of the county clerk. (Laws 1881, ch. 152, sec. 1.) 268. General Duties. [8882] It shall be the duty of the county superintendent of public instruction to visit each CH. 10] COUNTY SUPERINTENDENT. 97 school in his county at least once each term of six months, 48 correcting any deficiency that may exist in the government of the school, 49 the classification of the pupils, or the methods of instruction in the several branches taught; to make such sug- gestions in private to the teachers as he shall deem proper and necessary to the welfare of the school; to note the character and condition of the schoolhouse, furniture, apparatus, and grounds, and make a report in writing to the district board, making such suggestions as in his opinion shall improve the same; to examine the accounts and record-books of the dis- trict officers, and see that they are kept as required by law ; to encourge the formation of associations of teachers and edu- cators for mutual improvement, and, as far as possible, to at- tend the meetings of such associations, and participate in the exercises of the same ; to attend the normal held in his county, using his influence to secure the attendance of teachers; to make daily a personal inspection of the work of the institute in session, and keep a record of the same in his office, and do such work in connection with the exercises of the institute as he may deem necessary; 50 to hold a public meeting in each school district of his county at least once every year, for the purpose of discussing school questions and elevating the stand- ard of education ; to keep his office open at the county seat Sat- urday of each week, and in counties in which tbe superintend- ent receives a salary of more than $600 per annum, he shall keep his office open when not necessarily absent attending to his official duties. 51 He shall keep a complete record of his official acts; a record of the name, age and post-office address of each candidate for a teacher's certificate, with the number of weeks said candidate has attended a normal school or insti- tute, the number of weeks he has taught, his standing in each study, and the date of issue and expiration of each certificate granted. He shall keep a register of the teachers employed in his county, giving name of teacher, number of the district in which he is employed, dates of opening and closing term, sal- ary per month, grade of certificate, and date of superintend- ent's visit. He shall keep a record of the semiannual appor- tionments of the state and county school funds, and such other statistical records as shall be required in making reports to 48. "At least once each term of six months" is held to mean at least once each school year. 49. The power to correct deficiencies in government, classification and methods of instruction implies a direct responsibility of the teacher to the superintendent. The language of the law is clearly intended to es- tablish this relation somewhat as it exists in city schools. Failure to pay reasonable attention to the suggestions of the county superintend- ent in these matters is held to be sufficient ground for withholding the teacher's certificate. 50. The county superintendent cannot receive compensation for work in connection with the normal institute. 51. See sections 272 and 273 of this book. 4 School La-svs 2728 98 COUNTY SUPERINTENDENT. [CH. 10 the state superintendent of public instruction. He shall make out and transmit to the state superintendent, on the last Mon- day of March, June, September and December of each year, a report, showing the number of school visits made, with the average length of time spent in such visits; the number of consultations held with school officers ; the number of days his office has been kept open; the number of district treasurers' and clerks' record-books examined; the number of teachers' meetings attended; the number of public lectures delivered; and such other information as the state superintendent may require regarding the duties of such county superintendent; and until such report shall have been forwarded to the state superintendent, and a copy thereof filed with the county clerk for publication, and that fact certified by the said county sup- erintendent to the board of county commissioners, the war- rant for his salary shall not be drawn. The county superin- tendent shall obtain from the county clerk, at least ten days before the time for holding the annual school meeting each year, a certified statement of the total assessed valuation of the property in each school district in his county, and imme- diately certify the same to the several school-district clerks of his county, for the information of the annual school meeting; and it is hereby made the duty of said county clerk to make out said certified statement, and deliver the same to the county superintendent. (Laws 1881, ch. 152, sec. 2.) 269. Annual Convention of School-district Boards. [8883] The county superintendent of public instruction in each county in the state shall hold annually one convention of members of school-district boards for the purpose of consultation and in- struction on matters pertaining to the administration of the district schools of said county. Each district board may desig- nate one or more members of said board to attend said con- vention ; and each member of a school-district board thus desig- nated who shall attend said meeting may be allowed the actual expenses incurred in attending said convention, not to exceed two dollars each, said expenses to be paid from the school-dis- trict funds in the manner prescribed by law. The county su- perintendent shall keep a record of the attendance of all mem- bers of district boards at each session of the convention and shall issue to each member a certificate of attendance ; and no warrant shall be drawn for the payment of the expenses of any member of a school-district board until said certificate of attendance has been filed with the school-district clerk. (Laws 1915, ch. 302, sec. 1.) 270. Apportionment of School Funds. [8884] Within five days after receiving the certificate of the state superintend- ent of public instruction, informing him of the amount of state school fund which has been apportioned to his county, the county superintendent shall apportion the same, together CH. 10] COUNTY SUPERINTENDENT. 99 with the unapportioned county school fund in the county treas- ury, among the school districts and parts of districts in such county, in the ratio of the number of persons of school age residing in each district or part of district, as shown by the last annual reports of the several clerks of such districts and parts of districts : 52 Provided, That no district in which a com- mon school has not been taught at least three months the last preceding school year shall be entitled to receive any por- tion of either of said funds; 53 and he shall draw his order on the county treasurer in favor of each of the several school- district treasurers for the amount apportioned to such district (Laws 1881, ch. 152, sec. 3.) 271. Annual Report. [8885] He shall, on or before the 15th of October of each year, make out and transmit in writ- ing to the state superintendent of public instruction a report bearing date October 1, containing a statement of the num- ber of school districts 54 or parts of districts in the county, and the number of children and their sex, resident in each over the age of five and under the age of twenty-one years ; 55 52. A district that refuses or neglects to have the census taken accord- ing to law forfeits its right to a share of the annual school fund. 53. Seven months the minimum term by Laws 1911, ch. 268, sec. 1 (section 323 of this book). A district must not only have had a com- mon school taught at least three months during the school year ending June 30, but must also have made through its district clerk the requisite annual report for the school year in time to be included in the annual report of the county superintendent, or the county superintendent cannot legally apportion to the district a share of the next ensuing February and August dividends of the state and county school funds. In apportioning these funds, the county superintendent must be governed not only by the proviso regarding the length of school term, but also by the number of children of school age residing in the several districts of the county, "as the same shall appear from the last annual reports of the clerks of the respective districts," For purposes of apportionment, it is only from the annual report of a clerk of a district that a county superintendent can legally know the number of children of school age residing in the district. In the case of the organization of a school district out of a part of the territory of another which is entitled to a portion of the state and county school funds, the newly formed district should be apportioned its just share of the funds to which the original district would have been entitled. If the division of the district was made before the time of making the annual report, the report of the new district should show the number of children resident of the territory detached from the old district, so that this apportionment may be made upon official returns. If the new district was organized after the time of making the annual report, the officers of the former district should be directed to pay to the treasurer of the new district that portion of the funds to which the children residing upon the detached territory entitled said district. 54. Joint districts are reported by the superintendent under whose supervision the districts exist. 55. The annual reports of county superintendents constitute the basis upon which the state superintendent disburses the semiannual dividends to the several counties. If any county superintendent, therefore, fails to make his annual report, as required by law, the county loses its share of the state school fund, and the county superintendent becomes responsible to the county for the amount. 100 COUNTY SUPERINTENDENT. [CH. 10 a statement of the number of district schools in the county, the length of time a school has been taught in each, the number of scholars attending the same, their sex, the branches taught and the text-books used, the number of teachers employed in the same, and their sex ; a statement of the number of private or select schools in the county, so far as the same can be ascer- tained, and the number of teachers employed in the same, their sex, and the branches taught; a statement of the number of graded schools in the county, the length of time school has been taught in each, and the number of scholars attending the same, their sex, and the branches taught, the number of teachers employed in the same, and their sex; a statement of the con- dition of the normal school, where such school has been estab- lished, the number of students attending the same, their sex, and the number of teachers employed in the same, and their sex; a statement of the county normal institute; a statement of the number of academies and colleges in the county, and the number of students attending the same, and their sex, the number of teachers employed in each, and their sex; a state- ment of the amount of public money received in each district or parts of districts, and what portion of the same, if any, has been apportioned to the support of graded schools; a state- ment of the amount of money raised in each district by tax and paid for teachers' wages in addition to the public money paid therefor ; the amount of money raised by tax or otherwise for the purpose of purchasing school site, for building, hiring, purchasing, repairing, furnishing or insuring such school- house, or for any other purpose allowed by law, in district or parts of districts. (Laws 1881, ch. 152, sec. 5.) 2H2. Compensation and Clerk Hire. That section 1, chap- ter 191, Laws of 1917, is hereby amended to read as follows: Section 1. The county superintendent of public instruction shall be allowed by the board of county commissioners of their respective counties, as full compensation for all their services in the performance of the duties required of them by statute, the following sums and no more, to be paid out of the county treasury in monthly or quarterly installments ; said compensa- tion shall be fixed by the board of county commissioners at the first meeting in July of each year, based on the enumeration of the school enumerator for that year, and the salary so fixed shall begin on July first of that year. In counties having a school population of less than 500, the county superintendent shall receive for each day actually employed in the discharge of his duties in his office the sum of four dollars per day for a num- ber of days not to exceed 180 in any one year. In counties hav- ing a school population of from 500 to 1,000 he shall receive the sum of four dollars per day for a number of days not to ex- ceed 200 in any one year. In counties having a school popula- tion of 1,000 to 1,500 he shall receive the sum of twelve hun- CH. 10] COUNTY SUPERINTENDENT. iOl dred dollars per annum; in counties containing more than 1,500 persons of school age, exclusive of those in cities of the first and second class, he shall receive twelve hundred dollars and twenty dollars per annum for each 100 persons of school age in excess of said 1,500, up to the sum of sixteen hundred dollars : Provided, That in counties of 45,000 or more popula- tion the salary of the county superintendent shall be two thousand dollars per annum: Provided further, That if the county superintendent shall fail to spend at least one hour in each schoolroom each school year, so as to observe for at least one hour the work of each teacher under his supervision, the county commissioners may deduct from the last quar- terly installment the sum of five dollars for each delinquency. The county commissioners shall allow county superintendents having under their jurisdiction more than 100 and not more than 200 teachers the sum of five hundred dollars per annum 'for clerk hire, and for more than two hundred teachers the sum of six hundred dollars per annum for clerk hire. The county superintendent shall be entitled to all money actually expended for stationery, postage, freight and express. All money paid out of the county treasury for this purpose shall be out of the general fund of the county. That the county superintendents of the several counties in the state of Kansas shall receive the sum of two dollars per teacher per annum as traveling expenses in visiting said schools: Provided, In no case shall any county superintendent receive traveling ex- penses for schools not visited. (Laws 1919, ch. 201, sec. 1.) 273. Assistant County Superintendent in Certain Coun- ties. That in counties employing more than 235 teachers, ex- clusive of the cities of first and second class, the county super- intendent of public instruction is hereby authorized to ap- point an assistant. Said assistant shall take the proper oath of office, which shall be filed with the county clerk. He shall act as the deputy of the county superintendent of public in- struction and shall perform the duties not inconsistent with law, which the county superintendent may require, and he shall receive a salary of one thousand dollars per year to be paid from the general fund of the county in monthly or quarterly installments. (Laws 1917, ch. 132, sec. 1.) 274. Compensation of Assistants. That in each county of this state in which there are more than sixty thousand and less than eighty thousand inhabitants and property of more than ninety-five million dollars' assessed valuation, and less than one hundred and ten million dollars, the board of county commissioners shall allow for the compensation of the assist- ants, deputies, clerks or persons necessarily employed in the discharge of the duties of each of the county offices herein- after named, the amounts in this act provided, or so much thereof as may be necessary as determined by the officer : COUNTY SUPERINTENDENT. [CH. 10 charged with the duty of administering such office, as follows, namely : For the office of county clerk the sum of forty-five hundred dollars per annum. For the office of county treasurer the sum of forty-five hundred dollars per annum. For the office of sheriff the sum -of forty-five hundred dollars per annum. For the office of probate judge and the employment of a clerk in the juvenile court the sum of thirty-six hundred dollars per annum. For the office of clerk of the district court the sum of thirty- four hundred dollars per annum. For the office of register of deeds the sum of twenty-five hundred dollars per annum. For the office of county attorney the sum of forty-two hundred and sixty dollars per annum. For the office of county superin- tendent of public instruction seven hundred and twenty dollars per annum. That the probation officers of the juvenile court shall receive a sum to be fixed by the court but not exceeding four dollars per day for services actually performed. That the' county auditor shall receive as full compensation for his serv- ices the sum of eighteen hundred dollars per annum payable out of the county treasury in monthly installments. Each of the assistants, deputies, clerks and persons em- ployed in the county offices mentioned in this section shall be paid monthly upon sworn vouchers approved by the head of the department in which such person is employed in the same manner in which the salaries of county officers are paid. (Laws 1919, ch. 205, sec. 1.) 275. Vacancy in School-district Board. [8886] Should a vacancy occur in the board of directors of any school dis- trict, it shall be the duty of the county superintendent to appoint some suitable person, a resident of the district, to fill the same, and the person so appointed shall continue in office until the next annual meeting thereafter, and until his suc- cessor is elected and qualified. (Laws 1881, ch. 152, sec. 7.) 276. Vacancy in Office of County Superintendent. [8887] When a vacancy occurs in the office of county superintendent of public instruction by death, resignation or otherwise, notice thereof shall be given by the county clerk to the board of county commissioners, who shall as soon as practicable appoint some suitable person to fill the vacancy : Provided, That if the board of county commissioners are unable to make such appointment from the residents of the county, the county clerk shall notify the state superintendent of public instruction, who shall ap- point some legally qualified person who is a resident of Kan- sas to fill the said vacancy, regardless of the place of residence of such person; and the person receiving such appointment shall before entering upon the discharge of the duties of the office acquire a residence in said county by removing thereto, and shall file his oath or affirmation and bond in the county CH. 10] COUNTY SUPERINTENDENT. 103 clerk's office as provided by law, and shall hold his office until his successor is elected and qualified. (Laws 1911, ch. 278, sec. 1.) 277. Reports of District Clerks. [8888] He shall see that the annual report of the clerks of the several school dis- tricts and parts of districts in his county are made correctly and in due time. (Laws 1881, ch. 152, sec. 9.) 278. Power to Administer Oaths in Certain Cases. [8889] County superintendents shall have power to administer oaths in all cases in which an oath is made necessary by any pro- vision of the school law, except in the qualifying of county superintendents and their sureties. (Laws 1881, ch. 152, sec. 10.) 279. Purchase of Records. [8890] The county superin- tendent of public instruction of the respective counties in this state may purchase, for each organized school district in his county not having sufficient records, one set of school-district records, consisting of district clerk's records and orderbooks, district treasurer's book, and a teacher's daily register. Each of said books shall contain such printed forms and instructions as will enable the teacher and the school-district officers to perform with correctness and accuracy their several duties as required by law : Provided, The entire set of said records as above enumerated shall not exceed in cost four dollars for each set; and the said superintendent shall draw his order or warrant on the county treasurer in favor of the person he purchases said books of, for the amount of the purchase- money, and it is hereby made the duty of said county treas- urer to pay said warrant or order out of any money in his hands belonging to the respective districts in his county: Provided, That no funds in the hands of the county treasurer belonging to the several school districts in his county shall be diverted from the object for which said fund was raised ; and the said superintendent shall deliver the said books to the district board of each district. (Laws 1881, ch. 152, sec. 11.) 280. Forming and Changing Districts. 57 [8891] It shall be the duty of the county superintendent of public instruction to divide the county into a convenient number of school dis- tricts, and to change such districts when the interests of the inhabitants thereof require it, 58 but only after twenty days' 57. The fact that the district boundary has been changed by legis- lative act or a district disorganized by legislative act in no respect modi- fies the power of the county superintendent as conferred by this section. 58. It is very desirable that the people concerned should be consulted, and the arguments on both sides carefully considered, before making im- portant changes. After a district has issued bonds to build or purchase a schoolhouse, alterations should be discouraged until the bonds are paid, except in cases where imperative necessity demands a change. The object should be to establish strong and permanent districts. 104 COUNTY SUPERINTENDENT. [CH. 10 notice thereof, by written notices posted in at least five public places in the district to be changed ; but no new school district shall be formed containing less than fifteen persons of school age, no district shall be so changed as to reduce its school population to less than fifteen, and none having a bonded indebtedness shall be so reduced in territory that such indebt- dness shall exceed five per cent of their assessed property valuation: 59 Provided, That any person interested may appeal to the board of county commissioners from the action of the county superintendent: And provided further, That the re- strictions as to school population and assessed valuations of this section shall not prevent desirable changes in school-dis- trict boundaries when the proposed alteration of boundaries is approved by the board of county commissioners. The county superintendent shall number school districts when they are formed; and he shall keep in a book for that purpose a de- scription of the boundaries of each school district and part of district in his county, with plat of the same, date of organi- zation, date and full record of all changes of boundaries, and a list of district officers in his county, the date of election or appointment, ancj the time the term of each is to expire. (Laws 1907, ch. 329, sec. 1.) 281. School Districts within an Indian Reservation. [8895] That the county superintendent of any county in which there is an Indian reservation may, under the procedure prescribed by law for the organization of other school dis- tricts, erect any number of school districts lying wholly or partly within such Indian reservation, and the ordinary limi- tations of assessed valuation of property within such district shall not prevent the organization of any such district: Pro- vided, That any such district which it is proposed to organize has an aggregate of sixty thousand dollars' worth of real and personal property, subject to taxation. (Laws 1913, ch. 282, sec. 1.) 282. Appeal to County Commissioners. [8906] If in the formation or alteration of, or refusal to form or alter school districts, any person or persons shall feel aggrieved, such person or persons may appeal to the board of county commis- sioners, who shall confer with the county superintendent, and their action shall be final: Provided, That notice of such ap- peal 60 shall be served on the county superintendent within ten days of the time of posting of the notices of the formation, or 59. See section 329 for the valuation required in the formation of new districts and the alteration of district boundaries. The territory com- prising a school district at any particular time is the territory at that time liable for the bonds of such district. 60. No appeal can be made to the county commissioners unless the county superintendent posts notices of the formation or alteration of a school district. CH. 10] COUNTY SUPERINTENDENT. 105 alteration of such district; such notice shall be in writing, and shall state fully the objections to the action of the county superintendent, a copy of which shall be filed with the county clerk, and also with the clerks of all districts affected by such alteration : And provided also, That such appeal shall be heard and decided by the majority of the board of county commis- sioners at their next regular meeting; and if such appeal is not sustained by them, the county superintendent shall .pro- ceed to appoint the time and place for said first district meet- ing, which shall then proceed as by law required. (Laws 1876, ch. 122, art. 3, sec. 5.) 283. Notice of First District Meeting. [8892] Whenever a school district shall be formed in any county, the county superintendent of public instruction of such county shall, within fifteen days thereafter, prepare a notice of the forma- tion of such district, describing its boundaries, and stating the number thereof. He shall cause the notices thus prepared to be posted in at least five public places in the district, and, in case there shall be no appeal, shall in ten days thereafter in like manner appoint a time and place for a special district meeting, for the election of officers and the transaction of such business as is prescribed by law for special school-district meeting. (Laws 1881, ch. 152, sec. 13.) 284. Division of Property. [8905] When a new district is formed, in whole or in part, from one or more districts pos- sessing a schoolhouse or entitled to other property, such new district shall be formed only between April 1 and September 1 of the same year, and the county superintendent shall deter- mine the value of the school property of the school district, including taxes due, and deducting all indebtedness except bonded indebtedness. There shall be due to the new district 61 from the old district the proportion of the value of the school property that the assessed valuation of property of the new 61. For the division of school property under the provisions of this section, the following rules are recommended, viz.: FIRST RULE. To be applied in dividing school property which has been procured with the proceeds of district taxes: (1) Find the assessed valua- tion of the taxable property of the undivided district, as returned on the last assessment roll of the county. (2) Find, in like manner, the assessed valuation of the taxable property of the territory which is to be cut off; and which does not retain the school property. (3) Find the present value of the school property of the undivided district, including moneys raised from district taxes and remaining in the treasury at the time the division is made, after discharging all indebtedness except bonded indebtedness. (4) Multiply the present value of the school property by the assessed valuation of the territory which is to be cut off. That product, divided by the assessed valuation of the undivided district, gives the amount due to the territory which is to be cut off. SECOND RULE. To be applied in dividing such school property as con- sists of moneys received by the undivided district from the state and 106 COUNTY SUPERINTENDENT. [CH. 10 district bears to the assessed valuation of the property of the old district. The county superintendent shall certify to the county clerk the proper tax levy against the taxable property of the old district to pay the amount due the new district. (Laws 1909, ch. 207, sec. 1.) 285. School-district Boundaries. [8896] The county su- perintendent is hereby required to furnish the county clerk with a description of the boundary of each school district, on or before the last Monday in May of each year. (Laws 1887, ch. 219, sec. 1.) 286. County Superintendent Shall Furnish Map. [11328] The county superintendent of public instruction of the several counties of the state shall, on or before March 1 of each year, furnish to each assessor within his county a map of the city or township of such assessor, showing the number and metes and bounds of every school district or part of school district within his township or city. (Laws 1885, ch. 198, sec. 3.) 287. Boundary Lines Re-established. [8897] That in all counties in the state of Kansas where the records of the bound- ary lines of school districts heretofore established in the state have been lost or destroyed, it shall be the duty of the superin- tendent of public instruction of said county to reestablish said lines as nearly as possible upon the lines theretofore es- tablished, and for this purpose he may examine such wit- nesses as to him or the parties in interest shall seem proper and sufficient to give him such information as is necessary to carry out the provisions of this act. (Laws 1911, ch. 274, sec. 1.) 288. Boundary Lines Re-established in Case of Error. [8898] That in any county where the records of the boundary lines of school districts heretofore established have been lost or destroyed, and an attempt has been made to reestablish said lines, where it becomes evident to the county superintend- county school funds: (1) Find the number of children of school age re- siding in the undivided district, as given in the last annual report of the clerk of the district. (2) Find, in like manner, the number of children of school age residing in the territory which is to be cut off, and which does not retain the school property. (3) Find the amount of state and county school money remaining in the treasury of the undivided district at the time the division is made after discharging all indebtedness except bonded indebtedness. (4) Multiply the residue of state and county school moneys by the number of children residing in the territory which is to be cut off. That product, divided by the number of children of school age residing in the undivided district, gives the amount of state and county school moneys due to the territory which is to be cut off. The same principle of division of property is to be followed in case the new district is formed from parts of two or more districts. The county superintendent of public instruction should make the division of school property at the time of forming a new school district, but his failure to do so at the time does not impair the rights of said district. CH. 10] COUNTY SUPERINTENDENT. 107 ent that the attempted reestablishment has been wrong and that a mistake has been made in the reestablishment, the said superintendent shall have the same right to reestablish said lines as conferred in section 1 herein, notwithstanding the at- tempted reestablishment heretofore made. (Laws 1911, ch. 274, sec. 2.) 289. Indebtedness of Depopulated District. [8920] That when a school district having a floating indebtedness, consist- ing of outstanding school orders, is now or shall hereafter become depopulated, it shall be the duty of the county commis- sioners, on information furnished by the county superintend- ent, to provide for the payment of such outstanding indebted- ness by making a levy of taxes therefor upon the property of such depopulated district, which shall be extended by the county clerk on the tax-roll the same as other taxes : Provided, That no levy shall exceed twenty mills 62 on the dollar in any one year. (Laws of 1893, ch. 135, sec. 1.) 290. County Treasurer Shall Pay Orders. [8921] That the county treasurer shall pay all school orders mentioned in the preceding section out of any funds standing to the credit of the school district on which said school orders are drawn : Provided, That the county superintendent's order for the pay- ment of the same shall be attached to such school order. (Laws 1893, ch. 135, sec. 2.) 291. Depopulated District May be Disorganized. [8922] That the county superintendent may, in his discretion, after all indebtedness 63 has been fully paid and canceled, declare such depopulated school district disorganized, and attach the territory belonging thereto to adjoining school districts. (Laws 1893, ch. 135, sec. 3.) 292. When District Depopulated. [8923] The term "de- populated school district" as used in this act shall be held to mean a school district having fewer than five legal voters therein and fewer than seven persons between the ages of five and twenty-one years; such fact to be determined by the county superintendent. It shall be the duty of the county su- perintendent, upon the filing of a written request by the holder of an outstanding school order, to make an investigation of the school district issuing such order, and report to the board of county commissioners the facts as to the population as aforesaid; and such report shall be conclusive on that ques- tion. (Laws 1907, ch. 322, sec. 1.) 293. Partially Depopulated Districts May be Disorganized. [8924] That the superintendent of public instruction in any county is hereby empowered to disorganize partially depop- ulated school districts in his county ; or in counties where joint 62. See section 586. 63. Does not refer to bonded indebtedness. 108 COUNTY SUPERINTENDENT. [CH. 10 school districts exist, the superintendent having jurisdiction over the major portion of said school districts shall have full power to act, and the officers in said county shall have full' con- trol to levy tax, and certify the same to the proper officers out of said county having taxable property in said joint school district, who shall place the same on the tax rolls of their re- spective counties, and collect the same as other school tax levied in their respective counties, and when collected they shall pay the same to the proper officers of said county in which said major portion is located, taking a receipt therefor, and the county treasnrer and county superintendent shall proceed to disburse said funds so collected the same as in section 7 64 of this act. (Laws 1901, ch. 307, sec. 1.) 294. Partially Depopulated District Defined. [8925] For the purposes of this act, a school district shall be deemed par- tially depopulated when the number of persons resident thereof over the age of five years and under the age of twenty- one years shall be less than twelve. (Laws 1907, ch. 323, sec. 1.) 295. Petition for Disorganization. [8926] That such action shall not be taken by the county superintendent of any such county unless there shall be presented to him a petition signed by two-thirds of the bona fide residents of such school district having the qualifications of school-district electors, and who have resided continuously for one year in said school district, requesting such disorganization : Provided, That such disorganization shall not be final until approved by the board of county commissioners of the county in which the disorgan- ized school district is situated : And provided further, That in any such school district where the whole number of district electors shall be less than six, and the number of residents of such district over the age of five years and under the age of twenty-one years shall be less than five, the county superin- tendent shall act without petition, when so directed by the board of county commissioners of such county. (Laws 1901, ch. 307, sec. 3.) 296. Territory Attached to Adjacent District. [8927] The county superintendent may attach the territory of any school district disorganized under the provisions of this act to any adjacent school district or school districts, but such attach- ment shall not become effective until approved by the board of county commissioners. (Laws 1901, ch. 307, sec. 4.) 297. Floating Indebtedness of Disorganized District. [8929] That if any school district so disorganized shall at the time of its disorganization have a floating indebtedness con- sisting of outstanding school orders, it shall be the duty of the county commissioners of the county, on information furnished 64. See section 298 of this book. CH. 10] COUNTY SUPERINTENDENT. 109 by the county superintendent, to provide for the payment of such outstanding indebtedness by making a leyy of taxes therefor upon all the real and personal property in the terri- tory of the disorganized school district, which tax shall be entered by the clerk of the county on the tax-roll the same as other taxes: Provided, That no such levy shall exceed ten mills 65 on the dollar of the assessed valuation in any one year. (Laws 1901, ch. 307, sec. 6.) NOTE See section 55 of this book for disposition of bonded indebted- ness of disorganized school districts. 298. Orders Paid by County Treasurer. [8930] That the county treasurer shall pay all school orders mentioned in the preceding section out of any fund collected from the school taxes created by the special levy provided for in section 6 of this act: 66 Provided, That no such school order shall be paid unless accompanied by an order from the county superintend- ent directing its payment. (Laws 1901, ch. 307, sec. 7.) 299. Disposition of Funds. [8931] If at the time of the disorganization of any school district as herein provided for such district shall have in the hands of its treasurer or of the county treasurer of the county moneys belonging to it, or any unpaid taxes levied for the payment of its indebtedness, bonded or floating, such money shall be first applied to its indebtedness, floating or bonded; and if any money remain thereafter, then such money shall be distributed among the school districts to which such territory shall be attached, in such manner and amount as shall be directed by the county superintendent, who shall include in the order for the disor- ganization of such district an order for the distribution of its moneys as herein provided. (Laws 1901, ch. 307, sec. 8.) 300. Disposition of Property. [8932] The buildings and other property which may belong to any school district which may be hereafter disorganized shall be sold by the county superintendent to the highest bidder for cash in hand, after having given thirty days' public notice thereof by publication in a newspaper published in said county and by posting not less than five written or printed notices in conspicuous places in said district. The proceeds of said sale shall be deposited with the county treasurer of said county and shall be applied to the payment of debts of said school district, giving the preference to floating debts, if there be any. If there be no debts, or if there be any proceeds left after the payment of debts, said proceeds shall be turned into the county school fund for the use and benefit of the school district to which said disorganized territory is attached : Provided, That the school district to which said territory is attached may bid for and 65. See section 586. 66. Section 297 of this book. 110 COUNTY SUPERINTENDENT. [CH. 10 purchase said property and pay for same out of general fund. (Laws 1901, ch. 307, sec. 9.) 301. Territory Not Liable for Debts. [8933] The terri- tory of any school district so disorganized shall not be liable for any debt, floating or bonded, or any contract of any district to which it may be attached existing at the time of such attach- ment. (Laws 1901, ch. 307, sec. 10.) 302. Annexation of School Districts. Whenever any school district shall fail or neglect to maintain a school for at least seven months in each year for a period of three successive years, such school district shall be disorganized by the county superintendent of public instruction and the territory thereof shall be attached to adjoining districts : Provided, That this act shall not apply to any school district which shall have made provision according to law for sending its pupils to other schools and for the payment of transportation and tuition, unless such district shall be adjacent to a school district in- cluding a city of the third class. Whenever any school district adjacent to a district including a city of the third class, which city is located in a county having a population of not more than 7000, shall fail or neglect to maintain a school for at least seven months in each year for a period of three consecutive years, said adjacent district shall be disorganized by the county su- perintendent of public instruction and the territory thereof shall be attached to the district including said city of the third class. (Laws 1917, ch. 275, sec. 1.) 303. Floating Indebtedness of Districts Annexed. If any school district disorganized as provided in this act shall, at the time of its disorganization, have a floating indebtedness con- sisting of outstanding school orders, it shall be the duty of the county commissioners, on information furnished by the county superintendent of public instruction, to provide for the pay- ment of such outstanding indebtedness by making a levy of taxes therefor upon the taxable property in the territory of such district, which tax levy shall be entered by the county clerk on the tax roll the same as other taxes : Provided, That no such levy shall exceed four and one-half mills in any one year. The county treasurer shall pay all school orders herein mentioned out of any funds standing to the credit of the school district or collected from the tax created by the special levy herein provided for : Provided, That no such school order shall be paid unless accompanied by an order from the county super- intendent of public instruction directing its payment. (Laws 1917, ch. 275, sec. 2.) 304. Property and Bonded Indebtedness of Annexed Dis- tricts. Any money, unpaid taxes, buildings, or other property which may belong to any school district which may be dis- organized as provided in this act shall be applied as provided in sections 8931 and 8932 of the General Statutes of 1915; and CH. 10] COUNTY SUPERINTENDENT. Ill any bonded indebtedness existing at the time of the disorgani- zation of such district shall be paid as provided in section 8928 of the General Statutes of 1915. (Laws 1917, ch. 275, sec. 3.) 305. Other Duties; Deputy. [8893] He shall discharge such other duties as may be prescribed by law, and in case of sickness or temporary absence he may employ a deputy. He shall deliver to his successor, within ten days after the expira- tion of his term of office, all books and papers appertaining to his office. (Laws 1881, ch. 152, sec. 14.) 306. Neglect or Refusal to Perform Duty. [8894] Every county superintendent who shall neglect or refuse to perform any act which it is his duty to perform, or shall corruptly or oppressively perform any such duty, he shall forfeit his office, and shall be liable on his official bond for all damages oc- casioned thereby, to be recovered in the name of the state for the benefit of the proper party, district, or county. (Laws 1881, ch. 152, sec. 15.) 307. Agent of State Orphans' Home. 67 [9697] The su- perintendents of public instruction in the several counties of the state are hereby designated as the agents of the Soldiers' 08 Orphans' Home in their respective counties. It shall be the duty of said agents to visit the children who are placed in homes in their respective counties twice each year, and at such other times as the superintendent of the home may request; and they shall make written reports of the condition of each child visited, upon blanks to be provided by the board of trus- tees for that purpose, and forward the same to the superin- tendent of the home, who shall record and file the same in a proper manner. Said agents shall receive, as full compensa- tion for the services performed under the provisions of this act, their actual necessary official expenses, together with the sum of three dollars, in full for all services and report of each case visited, but not exceeding three dollars for any day's services. All accounts for such services shall be rendered to the super- intendent of said home, and shall be verified, audited and paid in the same manner as other accounts against said home are paid. (Laws 1889, ch. 236, sec. 6.) 308. Trespassers on School Lands. [9224] It shall be the duty of the county superintendent of public instruction, the district directors, clerks and treasurers, and all sheriffs and constables, to take notice of all trespasses committed on school lands in their respective counties, and immediately file a com- plaint against any person violating this act, before the proper authorities. ( Laws 1876, ch. 122, art. 14, sec. 30.) 67. This section is probably repealed by implication by the following laws: Sections 44, 45 and 46, chapter 353, Laws of 1901; section 6, chap- ter 482, Laws of 1903; section 13, chapter 475, Laws of 1905. 68. The name was changed to "State Orphans' Home" in 1909. 112 SCHOOL DISTRICTS. [CH. 11 CHAPTER XLDistricts. ARTICLE I. School District. 328. County superintendent to provide a | school, when; penalty. 329. Restrictions on the formation of m \v . districts. 330. Appropriation for state. 331. Auditor to draw warrants. 332. School discontinued; pupils sent te f adjacent districts; compensation. 333. District board may provide transpor > tation. 334. District may send pupils to other schools; expenses. 335. May send children to more conven ient school; privilege of property owner. 336. Chansre of site. 337. Appraisement. 338. Site condemned. 339. Schoolhouse site acquired from school lands. 340. Territory annexed to city 341. Distribution of property. 342. Appeal. $309. When organized. 310. Body corporate. 311. Formation of joint districts. 312. Name of joint district; alteration of boundaries. 313. Appeal to state superintendent. 314. Joint-district fund. 315. Annual and special meetings. 316. Business of annual meeting at spe- cial meeting. 317. Notice of meetings. 338. Qualified voters. 319. Challenge. 320. Powers of district meeting. 321. Limitation of levy. 322. School term. 323. Minimum term. 324. State and county aid. 325. Duties of county superintendent and county commissioners. 326. Duties of county superintendent, state superintendent and state treasurer. ;-!27. Amount apportioned to each district. 309. When Organized. [8899] Every school district shall be deemed duly organized when the officers constituting the district board shall have been elected and qualified, and shall have signified their acceptance to the county superin- tendent in writing, which the superintendent shall file in his office. 69 (Laws 1876, ch. 122, art. 3, sec. 1.) 310. Body Corporate. [8900] Every school district or- ganized in pursuance of this act shall be a body corporate, and shall possess the usual powers of a corporation for public pur- poses, by the name and style of school district No. , (such a number as may be designated by the county superintendent) , county, (the name of the county in which the district is situated), state of Kansas, and in that name may sue and be sued, and be capable of contracting and being contracted with, and holding such real and personal estate as it may come into possession of by will or otherwise, or as is authorized to be purchased by the provisions of this act. (Laws 1876, ch. 122, art. 3, sec, 2.) 311. Formation of Joint Districts. [8901] When it shall become necessary to form a school district lying partly in two or more counties, the county superintendents of the counties in which the said tract of country shall be situated, when ap- plication shall be made in writing to any one of them by five householders, residents therein, shall, if by them deemed necessary, meet and proceed to lay off and form the same into a school district, issue notices for the first district meeting, and 69. Officers elected at the first district meeting hold office only until the next annual meeting. CH. 11] SCHOOL DISTRICTS. 113 shall file the proper papers in their respective offices : Provided, That whenever a resident of a school district desires his prop- erty attached to an adjacent district situated in another county, he may make application to the county superintendent of the county in which he lives and the county superintendent of the county in which such adjacent district is located to have his property attached to such adjacent district for school purposes, and such county superintendents, if by them deemed necessary and for the best interests of the applicant, shall attach the property of said applicant to the adjacent district: Provided, further, That no property shall be attached to an adjacent dis- trict situated in another county until notice has been given of an intention so to do and a hearing had as to the necessity or advisability of attaching such territory to the adjacent dis- trict. (Laws 1915, ch. 303, sec. 1.) 312. Name of Joint District; Alteration of Boundaries. [8902] Such district so organized or having had adjacent territory in another county attached thereto shall be designated as joint district number counties of , and the boundaries of such district shall not be altered except by the joint action of the superintendents of the several counties represented in said district. (Laws 1915, ch. 303, sec. 2.) 313. Appeal to State Superintendent. [8903] That if in the alteration of or refusal to alter the boundaries of any joint school district or in the attaching or refusal to attach to a school district adjacent territory situated in another county, any person or persons shall feel aggrieved, such person or persons may appeal to the state superintendent of public in- struction, and notice of such appeal shall be served on the superintendents of the several counties represented in said district within twenty days after the rendition by them of the decision appealed from, which notice shall be in writing, and shall state fully the objections to the action of the county superintendent, and a copy thereof shall be filed with the state superintendent of public instruction; and it shall be the duty of the county superintendent in whose possession are the papers connected with the action appealed from to transmit the same to the state superintendent of public instruction immediately upon being served with notice of appeal as herein- before presented; and thereupon the state superintendent of public instruction shall fix a time for the hearing of said ap- peal, and notify the several county superintendents interested, and the appellants, thereof; and his decision on said appeal shall be final, and shall be by him certified to the several county superintendents interested, and they shall take action in accordance therewith: And provided further, That each joint district, except in matters relating to the alteration of the boundaries thereof shall be under the jurisdiction and con- 114 SCHOOL DISTRICTS. [CH. 11 trol of the superintendent of that one of the counties repre- sented in such district which has the largest amount of terri-'' tory embraced within the boundaries of such joint district. (Laws 1915, ch. 303, sec. 3.) 314. Joint-district Fund. [8904] Whenever it shall appear that any school district in this state lies or is in two or more counties it shall be the duty of the treasurer of the county or counties having the smaller amount of territory in said district to transfer to the treasurer of the county having the greater amount of territory of said district, before the 10th day of January, 1st day of July and 20th day of September of each year, all moneys in his hands belonging to said dis- trict, including all moneys for the payment of bonds or inter- est on bonds of said district; and the treasurer receiving said money shall issue therefor and forward to the treasurer so sending the money receipts in triplicate, one of which said treasurer shall file with the county clerk of the county, and the board of county commissioners thereof shall give said treasurer proper credit therefor. One of said receipts shall be sent to the county clerk of the county to which the money was sent, who shall charge the county treasurer with the amount thereof. (Laws 1889, ch. 226, sec. 1.) 315. Annual and Special Meetings. [8907] That an an- nual school meeting of each school district, of each consolidated school district, of each union or graded school district, and of each school district for which the date of the annual meeting has been fixed by a special act of the legislature, shall be held on the second Friday in April in each year, at two o'clock p. m. Notice of the time and place of said annual meeting shall be given by the clerk by posting written or printed notices in three public places within the district at least ten days before said meeting. 70 Special meetings may be called by the district board or upon a petition signed by ten legal voters of the dis- trict, but notice of such special meeting, stating the purpose for which it is called, shall be posted in at least three public places within such district ten days previous to the time of such meeting : Provided, That the annual school meeting for union or graded school districts comprising the territory of two or more school districts shall be held at two o'clock p. m. on the Thursday immediately preceding the second Friday in April in each year. (Laws 1911, ch. 283, sec. 1.) 316. Business of Annual Meeting at Special Meeting. [8909] Whenever the time for holding an annual meeting in any district shall pass without said meeting being held, the clerk, or, in his absence, any other member of the district board, within twenty days after the time for holding said 70. A failure on the part of the district clerk to post the notices of the time and place of the annual meeting will not invalidate the proceedings of said meeting. CH. 11] SCHOOL DISTRICTS. 115 annual meeting shall have passed, may give notice of a special meeting, by putting up written notices 71 thereof in three public places within the district, at least five days previous to the time of meeting; but if such meeting shall not be notified within twenty days as aforesaid, the county superintendent may give notice of such meeting in the manner provided for forming new districts ; and the officers chosen at such special meeting shall hold their offices until the n.ext annual meeting, and until their successors are elected and qualified. (Laws 1876, ch. 122, art. 3, sec. 7.) 317. Notice of Meetings. [8910] It shall be the duty of the clerk to give at least ten days' notice previous to any annual or special district meeting, by posting up notices thereof at three or more public places in the district, one of which notices shall be affixed to the outer door of the schoolhouse, if there be one in the district, and said clerk shall give the like notice of every adjourned meeting, when such meeting shall have been adjourned for a longer period than one month. Every notice for a special district meeting shall specify the objects for which such meeting is called, and no business shall be acted upon at any special meeting not specified in said notice. (Laws 1876, ch. 122, art. 3, sec. 8.) 318. Qualified Voters. [8911] The following persons shall be entitled to vote at any district meeting: (1) All per- sons possessing the qualifications of electors as defined by the constitution of the state, and who shall have been in good faith residents of the district for thirty 72 days next prior to the time of offering to vote at said election. (2) All female per- sons over the age of twenty-one years, not subject to the dis- qualifications named in section 2, 73 article 5, of the constitu- tion of the state, and who shall be residents in good faith in the district for thirty days next prior to the time of offering to vote at said election. 74 (Laws 1889, ch. 123, sec. 1.) 319. Challenge. [8912] If any person offering to vote at a school-district meeting shall be challenged as unqualified by any legal voter, the chairman presiding shall declare to the person challenged the qualifications of a voter, and if such 71. Notices of special meetings must be posted as required by law. A failure to so post them will invalidate the action of the meeting. 72. Voters who have come into a district by reason of attachment of territory to said district, by disorganization of said voters' original dis- trict by any legal process, retain all rights of suffrage at school elections and meetings, regardless of the thirty-day restriction. 73. See section 196, General Statutes of 1915. 74. Naturalization. A woman of foreign birth who is the wife of a naturalized foreigner, but who has not herself taken out naturalization papers, is entitled to vote at any school-district meeting, provided she possesses the other necessary qualifications. The naturalization of the husband naturalizes the wife and all children who are under the age of twenty-one years. 116 SCHOOL DISTRICTS. [CH. 11 challenge be not withdrawn, the chairman, who is hereby au- thorized, shall tender to the person offering to vote the follow- ing oath or affirmation : ''You do solemnly swear (or affirm) that you are an actual resident of this school district, and that you are qualified by law to vote at this meeting." Any person taking such oath or affirmation shall be entitled to vote on all questions voted upon at such meeting. (Laws 1876, ch. 122, art. 3, sec. 10.) 320. Powers of District Meeting. [8913] The inhabitants qualified to vote at a school meeting lawfully assembled shall have power: First, to appoint a chairman to preside over said meeting in the absence of the director; second, to adjourn from time to time ; 75 third, to choose a director, clerk and treas- urer, who shall possess the qualifications of voters ; fourth, t designate by vote a site for a district schoolhouse ; fifth, to vote a sum annually, not exceeding the limit fixed by law, 76 as the meeting shall deem sufficient, for the various school purposes 77 and for the payment of any floating indebtedness of the dis- trict, and distribute the amount as the meeting shall deem proper in the payment of teachers' wages and to purchase or lease a site (provided, when not included within the limits of a town or village, said site shall not contain less than one acre) , and to build, hire or purchase such schoolhouse, 78 and to keep in repair and furnish the same with the necessary fuel and ap- pendages, and to pay any floating indebtedness of the school district; sixth, to authorize and direct the sale of any school- house, site or other property belonging to the district when the same shall no longer be needful for the use of the district; seventh, to give such direction and make such provision as may be deemed necessary in relation to prosecution or defense of any suit or proceedings in which the district may be a party. (Laws 1909, ch. 214, sec. 1.) 321. Limitation of Levy. That section 11382 of the Gen- eral Statutes of Kansas for 1915 be and the same is hereby amended to read as follows : Sec. 11382. The authority of the qualified voters of any school district at the annual meeting, as provided, to vote a tax for general school purposes is hereby 75. Adjournment. A district meeting has the right to adjourn frona time to time, and if an adjournment is taken to a particular time, any business can be transacted at this adjourned session that might have been transacted at the regular meeting. No additional notice is necessary, unless the meeting shall have been adjourned for a longer period than one month. (See section 317 of this book.) 76. Limited to six and three-fourths mills, Laws 1920, ch. 52, sec. 1 (see sections 324, 327 and 391 of this book). For means of increasing this amount, see Laws 1909, ch. 245, sec. 27 (section 588 of this book). Th levy must be made in money and not in mills. 77. More than one school may be established within a school district. 78. A tax may also be levied for the purpose of purchasing a district library. (See section 595 of this book.) CH. 11] SCHOOL DISTRICTS. 117 limited to the extent that no tax shall be voted for such purpose at any such meeting which shall be in excess of six and three- fourths mills upon the dollar of all the taxable property of any such school district: 79 Provided, That any school district in which is located a city of the third class and which maintains an accredited high school may vote a tax which shall not be in excess of nine mills upon the dollar of the taxable property of said district. (Laws 1920, ch. 52, sec. 1.) 322. School Term. [8914] The qualified voters at each annual meeting, or any special meeting duly called, may de- termine the length of time a school shall be taught in their district for the ensuing year, which shall not be less than three months, an'd whether the school money to which the district may be entitled shall be applied to the support of the summer or winter term of school or a certain portion of each; but if such matters shall not be determined at the annual or any special meeting, it shall be the duty of the district board to determine the same. 80 (Laws 1903, ch. 436, sec. 1.) 323. Minimum Term. [9427] That all school districts in which provision is not made for the free tuition and comfort- able transportation of all pupils to a public school in some other school district or districts for not less than seven months 81 each school year shall maintain a public school for a period of not less than seven months between the 1st day of September and the 1st day of the following June. Cities of the first and second class shall maintain not less than eight months of school each school year. (Laws 1911, ch. 268, sec. 1.) 324. State and County Aid. [9428] That for the purpose of providing at least seven months of school each year for all the youth of this state, whose parents or guardians live in public-school districts the funds of which are not sufficient to maintain school for seven months, there shall be paid to each such district by the state, as hereinafter provided, three- fourths of the difference between the amount necessary to maintain seven months' school and the annual income of the district from all sources, and the remaining deficiency to the amount of one-fourth shall be a proper charge upon the county and paid as other county expenditures : Provided, That no aid shall be given any public-school district unless said district shall have voted an amount of money representing not less than four and one-half mills of the assessed valuation of such dis- 79. The levy may be increased as provided in section 588 of this book. 80. The electors, at the annual or a special meeting, have no power to determine who shall or who shall not be employed as teacher, or the compensation such teacher shall receive. These are questions to be deter- mined by the district board. 81. By specifying seven months as the minimum school year, section 323 nullifies the power of the annual meeting to vote for less than seven months as given in section 322. 118 SCHOOL DISTRICTS. [CH. 1!' trict: And provided further, That all districts receiving aid under the provisions of this act shall follow the course of stud^i as prescribed by the State Board of Education and shall emj ploy a qualified teacher recommended by the county superin^ tendent. (Laws 1911, ch. 268, sec. 2.) 325. Duties of County Superintendent and County Coin-! missioners. [9429] That it shall be the duty of the superin- tendent of each county within the state on or before August 1st of each year, under oath, to certify to the county clerk ai) estimated amount that will be due the several school districts under the provisions of this act from the county (and it shall! then be the duty of the commissioners to provide a levy suffi- cient to raise the amount required for the current school year) : Provided, That such estimate shall include a statement as to each district concerned as to valuation, area, school cen-j sus and proposed total expenditures for teacher and incidental expenses. (Laws 1911, ch. 268, sec. 3.) 326. Duties of County Superintendent, State Superintend- ent and State Treasurer. [9430] That it shall be the duty of the superintendent of each county within the state, on or before the second Monday in January of each year, under oath, to certify to the county treasurer the total amount due each district from the state and from the county, and also to certify to the state superintendent of public instruction the number of each school district in his county entitled to state and county aid under the provisions of this act, the tax levy for each, the expenditures of each, the amount due each from the state, the area, the school census, and such other items as the state superintendent may require. It shall be the duty of the state superintendent, on or before the last Monday in March of each year, to certify the amount of state aid due the several districts under the provisions of this act to the several county treasurers, and the amount due each county to the state auditor, and the state auditor shall draw warrants on the state treas- urer in favor of the various counties for the sums specified by the state superintendent. The state treasurer shall remit said amount to the county treasurers of the several counties entitled to the same, who shall place the amounts to the credit of the proper districts of their respective counties in accordance with the instruction of the state superintendent and as certified by the county superintendent: Provided, That at the same time the several amounts due from the county to said districts shall be placed to the credit of such districts. (Laws 1911, ch. 268, sec. 4.) 327. Amount Apportioned to Each District. That section 9431 of the General Statutes of Kansas for 1915 be amended to read as follows : Sec. 9431. That to determine the amount to be apportioned to each district the county superintendents shall find the estimated expenditures of the district for the CH. 11] SCHOOL DISTRICTS. 119 current year and subtract therefrom the estimated income of that district from all sources for the current year. The esti- mated income for the current year shall be the sum of all moneys belonging to the district on hand in the district and county treasuries, plus the amount which a levy of a four and one-half mills tax upon the assessed value of the district will raise, plus the estimated apportionment of state and county funds, as now provided by law. The estimated expenditures for the current year shall be the amount necessary to provide for a teacher, fuel and incidentals, and to maintain school for seven months; and shall not exceed the sum of six hundred dollars for any one year to schools receiving such state and county aid. (Laws 1919, ch. 273, sec. 1.) 328. County Superintendent to Provide a School, When; Penalty. [9432] That upon the failure of any school district to carry out the provisions of section 1 of this act the county superintendent shall make the required tax levy and certify the same to the county clerk and proceed to carry out said provisions; and after September 1, the school district neglect- ing to act, he shall employ a teacher and make all neces- sary provisions for a seven months' term of school, and the district treasurer shall pay such itemized expenses as are cer- tified to by the county superintendent. The county superin- tendent shall be liable under section 7395 of the General Stat- utes of 1909 for neglect or refusal to perform his duties as provided in this act. (Laws 1911, ch. 268, sec. 6.) 329. Restrictions on the Formation of New Districts. [9433] That new districts shall not be formed with an assessed valuation of less than $100,000, and territory shall not be de- tached from any school district the assessed valuation of prop- erty of which is less than $100,000, or the valuation of prop- erty of which would thereby be reduced below $100,000. (Laws 1911, ch. 268, sec. 7.) 330. Appropriation for State Aid to Rural Schools. That for the purpose of carrying out the provisions of chapter 268, Session Laws of 1911, providing for state aid for certain school districts, there is hereby appropriated out of any money in the state treasury not otherwise appropriated, the sum of twenty thousand dollars ($20,000) for the fiscal year ending June 30, 1920, and the sum of twenty thousand dollars ($20,- 000) for the fiscal year ending June 30, 1921 : Provided, That if the amount so appropriated is not sufficient to pay the full sum to which each district is entitled under the provisions of said chapter 268, Session Laws of 1911, that it shall be divided pro rata among the several districts in proportion, for the amount asked for by the county superintendent: Provided further, That the one-fourth to be paid by the county, if in- sufficient, be prorated among the districts entitled to such aid. (Laws 1919, ch. 54, sec. 1.) 120 SCHOOL DISTRICTS. [CH. 11 331. Auditor to Draw Warrants. The auditor of state is' hereby authorized to draw his warrants upon the treasurer! of state for the purposes of carrying out the provisions of/ chapter 268, Session Laws of 1911, and in accordance with thej provisions thereof. (Laws 1919, ch. 54, sec. 2.) 332. School Discontinued; Pupils Sent to Adjacent Dis- tricts; Compensation. [9434] That the provisions of this act; shall not apply to districts having an enumeration of less than! fifteen children of school age, unless said districts embrace an area of twelve square miles or more : Provided, That whenever the number of children of school age in any school district, having an area of less than twelve square miles shall be found! to be less than fifteen by the annual school census no school! shall be maintained in such school district during the following ; year (unless such a district by reason of its valuation is able to maintain a seven months' school without state or county aid), and the district board of such district shall make provision for sending, for a period of not less than seven months, the pupils of such school district to such school or schools in an adjacent district or districts as said district board may determine : Pro- vided, That there is a school in an adjacent district to which said district may send the pupils. As full compensation for the tuition of said pupils the treasurer of the district from which said pupils are sent shall pay, in the manner prescribed by law, to the treasurer of the district or to the board of education of the school to which said pupils are sent an amount not to ex- ceed the average cost per pupil per week for maintaining the school, exclusive of school buildings, school site and permanent improvements : Provided further, That the district board of the district in which school is discontinued shall provide for the ' transportation of the pupils of said district, living two miles or more from the school to which said pupils are sent, to such school or schools in a safe and comfortable and enclosed con- veyance or conveyances, properly heated, and the expense of such transportation shall be paid by the school district in ] which school has been discontinued: Provided further, That when any school district within the provisions of this act, hav- ing voted an amount of money representing not less than four and one-half mills of the assessed valuation of such district, finds its funds insufficient to pay the tuition and cost of trans- portation as herein provided, the state shall pay to said district schools three-fourths of the difference between the amount raised by said district from all sources for school purposes and the cost of tuition and transportation of pupils therein, and the county shall pay from the general fund one-fourth of said difference : Provided, That not more than seventy-five dol- lars shall be given to any district whose school has been dis- continued according to the provisions of this act : And provided further, That pupils attending school in another school district CH. 11] SCHOOL DISTRICTS. 121 under the provisions of this act shall have the same legal rights, including the right of admission, and be under the same jurisdiction as the pupils residing in the school district in which the school is conducted : Provided, That such admission shall not involve the addition of a school building or school buildings, or the employment of an additional teacher: Pro- vided, That any district having an area of less than twelve square miles and a school population of less than fifteen may maintain its school for not less than seven months each year, and such district shall not receive state and county aid in ex- cess of fifty dollars. (Laws 1911, ch. 268, sec. 9.) 333. District Board May Provide Transportation ; Com- pensation for Conveyance. The district board of any school district may provide for the comfortable transportation, in a safe and enclosed conveyance or conveyances, properly heated, of pupils of said school districts who live two or more miles, by the usually traveled road, from the school attended; and said district board shall provide such transportation for pupils who live three or more miles, by the usually traveled road, from the school attended ; or, in lieu thereof, said board shall allow as compensation for the conveyance of pupils to and from the school to the parent or guardian of any pupil living three or more miles from the school attended, a sum not less than fifteen cents per day : Provided further, That where the pupils of two or more families are conveyed by the same conveyance the parent or guardian of each family shall be entitled to such compensation as provided for by this act; and shall allow to the parent or guardian of any pupils living five or more miles from the school attended the sum of twenty-five cents per day, for as many days in each year as the school shall be in session : Provided, That no such compensation shall be allowed unless the pupils are actually conveyed to and from school. The dis- trict board shall have authority to make such rules and regula- tions as may be necessary for carrying out the provisions of this act. (Laws 1917, ch. 277, sec. 1.) 334. District May Send Children to Other Schools; Ex- penses. That section 8918 of General Statutes of 1915 be amended to read as follows: Sec. 8918. In any school dis- trict, if in the judgment of the district board, the county su- perintendent of public instruction concurring, the number of children in said district shall not be sufficient to warrant the maintenance of a school in said district, the district, at the annual meeting or at a special meeting duly called for this purpose, may make provision for sending the children of such district to the school or schools of some other district or dis- tricts and for the payment of the cost of tuition and the cost of transportation as herein provided. The district board shall provide for the transportation in a safe, comfortable, and enclosed conveyance or conveyances, properly heated, of 122 SCHOOL DISTRICTS. [CH. 11 the pupils of said district who live two or more miles from the school to which they are sent; or, in lieu of furnishing trans- portation, the district board may allow the parent or guardian of any pupil or pupils, as compensation for expenses, a sum not in excess of the amount which would otherwise be paid for the transportation of such pupils : Provided, that no such compensation shall be allowed unless such pupil or pupils ac- tually attend the school designated by the district board and comply with the regulations which may be made by said board. For the payment of tuition, transportation and other expenses as herein provided, warrants shall be drawn by the clerk of the district board and paid by the treasurer in the manner provided by law: Provided, That such discontinuance of the school in said district shall not bar the district from its share of the state school fund, if said children are continued in the school or schools of other districts, the full time required by the law for the maintenance of schools in the districts. (Laws 1917, ch. 277, sec. 2.) 335. May Send Children to More Convenient School; Privilege of Property Owner. [8919] If in any school district there are children for whom it will be more convenient, by reason of distance from the school of the district where they live, to attend school in another district, the annual school meeting may make an order sending such children to the school of some other convenient district, 82 and the school board is hereby authorized to issue the warrants of the district in pay- ment of the extra expense and tuition of such children: Pro- vided, That not exceeding four dollars per month shall be paid for each child : Provided further, That the children of any property owner owning land in any adjoining school district, other than in towns and incorporated cities, may have the privilege of attending school in such adjoining district with- out extra expense and tuition when such school is more con- venient by reason of distance from the school of the district in which they live. 83 (Laws 1907, ch. 321, sec. 2.) 336. Change of Site. 84 [8915] That school districts hav- ing schoolhouses the value of which is not less than $400, the schoolhouse site shall not be changed except by a vote of at least two-thirds of the legal voters of such district in favor of such change ; and in districts where the value of the school- house is less than $400, the schoolhouse site shall not be changed except by a vote of a majority of the legal voters of the district in favor of such change. (Laws 1903, ch. 428, sec. 1.) 82. It is not mandatory on a school district to receive the pupils or- dered to be sent to it in accordance with this provision. 83. The supreme court has decided that this provision is constitu- tional. (See Evans v. School District No. 46, 81 Kan. 385.) 84. The vote to locate the school site after it has been changed re- quires only a majority of those voting on the proposition. CH. 11] SCHOOL DISTRICTS. 123 337. Appraisement. [8916] The value of schoolhouses in districts desiring to change the schoolhouse site shall be de- termined by three appraisers appointed by the county com- missioners. (Laws 1903, ch. 428, sec. 2.) 338. Site Condemned. 85 [8917] In case any school dis- trict or the board of education of any city of the second class can not by purchase at reasonable rates, or by donation or otherwise, obtain title to the site selected by such school dis- trict ; or if it be deemed advisable by such school district or by the district board to add other ground to any schoolhouse site already selected ; or if, in good faith, but by mistake or other- wise, a schoolhouse has been or shall be erected wholly or partially upon any land or lot to which said school district at the time of the erection of such school building, or any addi- tion thereto, had not acquired title, then, and in any such cases, upon the written application of the district board of such school district, or a majority of the board, it shall be the duty of the probate judge of the county in which such school district is situated to appoint three disinterested freeholders of such county, and not residents of such school district, to condemn and appraise such site, or addition thereto; and in case such land or lot condemned and appraised shall be an original selection for a schoolhouse site, the amount so con- demned and appraised shall not exceed one and one-half acres ; and if it be for an addition to an existing site, the additional amount condemned and appraised shall not, with the original site, exceed one and one-half acres. Immediately after their appointment, such appraisers shall proceed, and condemn and appraise the value of the site so selected, or the addition to such existing site. And they shall, within ten days thereafter, make and sign a report describing the land or lot so con- demned, the purpose for which it was so condemned, and the appraised value thereof, which report shall be by them filed in the office of the register of deeds of the' county in which such land or lot is situated, and by such register duly recorded, as other instruments of writing affecting the title to real estate are recorded. In appraising any schoolhouse site, or addition thereto, to which such school district had not title at the time of erecting any schoolhouse, or addition thereto thereon, said appraisers shall exclude from their appraisement the value of such schoolhouse, or addition, and appraise such land or lot at its value, exclusive of such building, addition or other improvement placed thereon in good faith, but by mis- take of said school district or said school-district board. Within thirty days after the report of said appraisers is filed in the office of the register of deeds, the district board of such school district shall pay to the county treasurer of the county in which such condemned land or lot is situate, for the use of 85. See sections 136 to 141 of this book. 124 SCHOOL DISTRICTS. [CH. 1 the owner of such lands, or lot, the amount of the appraise< value thereof, and also fifty cents for said register of deeds for recording said report. And upon such payment being made to such county treasurer by such district board, the titl< to such site or addition thereto shall vest in such school dis trict. Either party, the owner of the land or lot condemned or the school district, may appeal from such appraisement t( the district court, in the same time and manner that appeals are taken from the judgments of justices of the peace in civi actions. (Laws 1885, ch. 174, sec. 1.) 339. Schoolhouse Site Acquired from School Lands [9194] Any school district shall be entitled to- purchase and acquire for schoolhouse site not exceeding two acres of any school lands situated in such district, but such tract shall b< situated on one of the boundary lines of the section or cross center lines thereof. The price to be paid for such land by the said school district shall be two dollars an acre, and upon presentation to the county clerk of a petition signed by a ma jority of the legal voters of the school district, and the pay ment of the purchase price to the county treasurer, the county clerk shall issue the said school district a certificate of pur chase. Upon the presentation of said certificate of purchase to the auditor of state he shall cause to be issued a patent foi said land, but said certificate of purchase and said patent shall recite that upon the failure of said school district to use said land for school purposes the title thereof shall be forfeited and revert to the state of Kansas. (Laws 1909, ch. 218, sec. 8.) 340. Territory Annexed to City. [9455] When all the territory of a school district shall become annexed to a city of the first or second class by the extension of the boundaries of the city, all the school property, including moneys on hand and due to said district, together with all records and papers belonging to said district board, shall be transferred to, and the title vested in, the board of education of such city, and said board of education shall assume and be held responsible for the legitimate floating and bonded indebtedness of such annexed district. (Laws 1893, ch. 128, sec. 1.) 341. Distribution of Property. [9456] When, by the ex- tension of the limits of any city of the first or second class, a part of the territory of an adjacent district is annexed to such city, it shall be the duty of the county superintendent to determine the present value of all the school property of such district, P!SO all money due to or in the hands of the district treasurer, and to equitably apportion the amount due the dis- trict board, or board of education, as the case may be. The amount due to the district board or board of education of such city, when ascertained by the county superintendent, shall be levied upon the taxable property of that district or corpora- tion found to be in debt, and shall be collected in the same CH. 11] DISTRICT SCHOOLS. 125 manner as if the same had been authorized by the vote of the district board or by the board of education of such city, and when collected it shall be paid to the treasurer of that district or board of education to which it is due. The board of educa- tion, or the district board retaining the schoolhouse, shall as- sume the bonded indebtedness incurred in building and furnish- ing such schoolhouse. All unadjusted claims of cities and school districts arising from such annexation previous to the passage of this act shall be adjusted in accordance with pro- visions of this section. (Laws 1893, ch. 128, sec. 2.) 342. Appeal. [9457] If, in the adjustment of school property where a part of a school district has been annexed to a city of the first or second class, any person or persons shall feel aggrieved by the decision rendered by the county superin- tendent, an appeal may be taken to the board of county com- missioners; but a notice of such appeal must be served upon the county superintendent in writing within ten days after the rendition of his decision in adjusting the rights of the school district and the city school district. Such notice shall state fully the objections to the action of the county superintendent, a copy of which shall be filed with the county clerk, and also with the clerk of the district, or with the secretary of the board of education, as the case may be, affected by such decision. Such appeal shall be heard and decided by a majority of the board of county commissioners at their next regular meeting, and their decision shall be final. (Laws 1893, ch. 128, sec. 3.) ARTICLE II. District Schools. $343. Brandies taught; instruction in English language. 544. Common school diplomas. 545. Average grade and subjects required. 346. Examination; diplomas; expenses. 347. Questions prepared by state board. 348. Examinations uniform. 349. School month 350. Free schools. 351. Penalty. 352. Contagious disease. 353. Contagious disease; duty of parei 354. Tuition fee. 343. Branches Taught; Instruction in English Language. [8985] That in each and every school district shall be taught orthography, reading, writing, English grammar, geography, arithmetic, history of the United States, and history of the state of Kansas, and such other branches as may be determined by the district board : 86 Provided, That the instruction g'ven shall be in the English language. 87 (Laws 1903, ch. 435, sec. 1.) 344. Common-school Diplomas. [9436] Any person who shall complete the course of study, prescribed by the Sta f e Board of Education, for rural schools and the grades in schools having two or more teachers, in a satisfactory manner; who 86. Instruction must also be given in physiology and hygiene with apecial reference to the effects of alcoholic stimulants and narcotics. '(See section 115 of this book.) 87. The State Board of Education has authority to provide a course f study. (See section 697 of this book, see also sections 583, 584, 585.) 126 DISTRICT SCHOOLS. [CH. 11 shall give evidence of a good moral character; and who shall fulfill the further requirements of this act, shall be granted a common school diploma which shall admit such person to en- trance in any high school in the state. (Laws 1913, ch. 271, sec. 1.) 345. Average Grade and Subjects Required. [9437] An average of 80 per cent with no grade below 60 per cent shall be required, for graduation, in the following subjects: Reading, writing, spelling, grammar, arithmetic, U. S. history, Kansas history, geography, civil government, agriculture, physiology and classics : Provided, That grades of 80 per cent, or more, may be carried as credits and applied as grades for graduation, for a period of two years : Provided further, That at the op- tion of the county superintendent, credit may be given on school work, which shall not exceed 50 per cent in any one subject; and provided that pupils who have satisfactorily completed the 7th grade in the graded schools, and the 7th and 8th grades in rural schools, may take the examination in subjects that are finished in their respective grades. (Laws 1913, ch. 271, sec. 2.) 346. Examinations; Diplomas; Expenses. [9438] Pub- lic examinations shall be held for rural schools on the first and second Saturdays in April and for graded schools on the first Saturday in May and the Friday next preceding in each year at the county seat or at such place or places as may be desig- nated by the county superintendent of public instruction. At each place so designated the examination shall be conducted by an examining board of two persons, at least one of whom shall not be a teacher of any pupil or pupils writing said exami- nation. The questions shall be opened in the presence of both members of the examining board, on the day and hour set for the examination, notice of which shall be published by the county superintendent at least ten days before the first day on which the examination is held. The papers shall be forwarded to the county superintendent of public instruction and shall be graded by the board of county examiners or under the di- rection of said board by assistants appointed for this purpose by the county superintendent; and diplomas shall be issued by the county examiners. Said examiners and assistants shall be paid from the general funds of the county the amount pro- vided by law for the payment of boards of county examiners for holding county teachers' examinations; and the county shall pay any other legitimate expenses incurred in conducting examinations, issuing diplomas, and holding public graduation exercises. (Laws 1915, ch. 300, sec. 1.) 347. Questions Prepared by State Board. [9439] The questions for the examination provided for in this act shall be prepared by the State Board of Education, and shall be mailed by the state superintendent to the county superintend- CH. 11] DISTRICT SCHOOLS. 127 ent, at least ten days before they are to be used. (Laws 1913, ch. 271, sec. 4.) 34 8. Examinations Uniform. [9440] The examinations provided for in this act shall be uniform, as to date and sub- ject matter, throughout the state. (Laws 1913, ch. 271, sec. 5.) 349. School Month. [8987] A school month shall consist of four weeks of five days each, of six hours per day. (Laws 1876, ch. 122, art. 5, sec. 2.) 350. Free Schools. That the district schools established under the provisions of this act shall at all times be equally free and accessible to all the children resident therein over six and. under the age of twenty-one years, subject to such regulations as the district board in each district may prescribe : Provided, That any child who will attain the age of six years on or before the first day of January of any school year shall be entitled to enter school at the beginning of such school year: Provided further, That in districts maintaining a free kindergarten in connection with the public schools the school age shall be over four and under twenty-one years to all children resident in such districts. (Laws 1919, ch. 258, sec. 1.) 351. Penalty. [8989] The members of any district board willfully violating any of the provisions of this article, or refusing the admission of any children into the common schools, shall forfeit to the county the sum of $100 each for every month so offending during which such schools are taught; and all moneys forfeited to the common-school fund of the county under this act shall be expended by the county super- intendent for the education of such children in the school dis- trict denied such equal educational advantages : Provided, That any member of said board who shall protest against the action of his said board in excluding any children from equal educa- tional advantages, or in violating any of the provisions of this article, shall not be subject to the penalty herein named : And provided further, That the provisions of this act shall not apply to cities of the first or second class. (Laws 1877, ch. 170, sec. 2.) 352. Contagious Disease. [8990] No pupil infected with any contagious disease shall be allowed to attend any common school, or remain in any schoolroom while so infected. (Laws 1876, ch. 122, art. 5, sec. 5.) 353. Contagious Disease; Duty of Parents. [10147] No person afflicted with any infectious or contagious disease dan- gerous to the public health shall be admitted into any public or private school. No parent, guardian, tutor, or other person having charge or control of children, whose residence is in- fected with smallpox, cholera, scarlet fever, diphtheria, epi- demic cerebro-spinal meningitis, or other infectious or conta- gious disease dangerous to the public health, shall allow or 128 DISTRICT OFFICERS. [CH. 11 permit them to attend any public or private school during the continuance of such infection, or until the premises have been thoroughly disinfected and all danger from contagion has passed. (Laws 1901, ch. 285, sec. 6.) 354. Tuition Fee. [8991] Whenever there be not public money enough belonging to any school district to support a public school the length of time determined at the annual meeting, or at a special meeting duly called, the district board, to meet said deficiency, may assess a tuition fee upon each scholar attending such school, the assessment to be propor- tioned to the number of days each pupil has been in actual attendance during the term: Provided, That no tuition fee shall be levied upon the scholars in any of the public schools of this state, in accordance with the provisions of this act, unless the entire amount of one per cent for teachers' wages, as required by law, be first assessed upon the taxable property of said school district. (Laws 1876, ch. 122, art. 5, sec. 6.) ARTICLE III. District Officers. J355. 356, 357, 358, 359. 360. 361. 362. 363. 3f54. 365. 366. 367. 368. how 370. 375. District taxes voted but not levied in any year shall be collected with taxes of the year following. 376. District treasurer shall keep account etc.; shall report in writing st annual moeting. 377. Procedure, if he does not pay over moneys to his successor. 378. Powers and duties of schooi-di&t-rir' board. 379. Shall have care of property of di k trict. 380. Use of schoolhouse. 381. Water-closets. 382. The board may remove schoolhou^ or other improvement, when. 383. May admit nonresident pupils. 384. Shall hire qualified teachers; fuK\ dismiss teachers for cause. 385. Employment of relatives. 386. Contracts void. 387. Records and reports. 388. Shall provide necessary appendage*- 389. May suspend a pupil for cause; a) peal. 390. Shall furnish teachers with daiij register; shall visit schools. 391. Taxes; clerk to certify; commissioB ers to levy; limit. 392. Judgments. 355. Officers; Term. [8950] The officers of each school district shall be a director, clerk, and treasurer, who shall con- stitute the district board, 88 and who shall be elected and hold their respective offices as follows: At the annual meeting in 1874 there shall be elected a director, who shall hold his office for three years ; a clerk, who shall hold his office for two years ; 88. The officers of a school district constitute the board of directors in such sense as to be able to transact the school business of the district only when in session as a district board. As the law is silent as to how, when and where the district board shall convene, each board should adopt a set of rules for its own government. Officer*; term of office. Official oath. Forfeiture of office; vacancy, filled. Duty of directors. Duty of district clerk. Clerk of board and district meetings. Clerk shall draw orders. Clerk's annual report. County treasurers. Treasurer pay no money, wren. Clerk of joint district. Penalty for false report. District clerk shall report to county clerk a list of resident taxpayers. Fine for failure to report district tax to county clerk. Report to county superintendent. District and city clerks, and clerks of boards of education, shall re- port bonded indebtedness to county clerk. Fine for not delivering records to successor. District treasurer shall execute bond. Shall pay school moneys, on whose order. Shall receive school moneys from county treasurer, on whose order. CH. 11] DISTRICT OFFICERS. 129 and a treasurer, who shall hold his office for one year; 89 and thereafter at each annual meeting there shall be elected one member of said board in place of the outgoing member, who shall hold his office for three years, and until his successor shall be elected and qualified. 90 (Laws 1876, ch. 122, art. 4, sec. 1.) 356. Official Oath. [8951] School-district officers before entering upon their official duties shall take an oath to faith- fully perform said duties ; 91 and the chairman of any regular or special meeting is hereby authorized and empowered to administer such oath. 92 (Laws 1876, ch. 122, art. 4, sec. 2.) 357. Office Forfeited. [8952] Every person duly elected to the office of director, clerk or treasurer of any school dis- trict, who shall refuse or neglect, without sufficient cause, to qualify within twenty days after his election or appointment, or who, having entered upon the duties of his office, shall neg- lect or refuse to perform any duty required of him by the pro- visions of this act, shall thereby forfeit his right to the office to which he was elected or appointed, and the county superin- tendent shall thereupon appoint a suitable person in his stead. 93 (Laws 1876, ch. 122, art. 4, sec. 3.) 358. Director. [8953] The director of each district shall preside at all district meetings, and shall sign all orders drawn by the clerk, authorized by a district meeting or by the district board, upon the treasurer of the district, for moneys collected or received by him to be disbursed therein. He shall appear, for and in behalf of the district, in all suits brought by or against the district, unless other direction shall be given by the voters of such district, at a district meeting. (Laws 1876, ch. 122, art. 4, sec. 4.) 89. The treasurer is elected in 1920, the clerk in 1921, and the director in 1922. 90. Compensation of District Officers. Neither the district meeting nor the district board has the right to authorize or direct the payment of any compensation from the public fund to members of the board for their services. See section 316 for the term of officers chosen at special meetings. They hold their offices until their successors are elected and qualified. 91. Neglect of Duty. Where a district officer neglects or refuses to perform a duty, the proper proceeding to compel performance is a writ of mandamus. 92. A district officer can qualify before the chairman of a district meeting, the county superintendent, or any one authorized by law to administer oaths. 93. A vacancy can be declared by the county superintendent or some court of competent jurisdiction, only after notice and hearing or an opportunity to be heard. The vacancy being declared, the county superin- tendent shall appoint. A member of the district board can not continue to act as a member thereof after he ceases to be a resident of the district, nor has he the right to appoint a deputy to discharge the duties of the office. See section 275 with regard to filling vacancies on the district board. 5 School Laws 2728 130 DISTRICT OFFICERS. [CH. 11 359. Clerk. [8954] The clerk of each district shall record the proceedings of his district in a book provided by the district for that purpose, and enter therein copies of all re- ports made by him to the county superintendent ; and he shall keep and preserve all records, books and papers belonging to his office, and deliver the same to his successor in office. (Laws 1876, ch. 122, art. 4, sec. 5.) 360. Clerk of the Board and District Meetings. [8955] The said clerk shall be clerk of the district board and of all district meetings, when present ; 94 but if such clerk shall not be present at any district meeting, the voters present may appoint a clerk of such meetmg, who shall certify the proceed- ings thereof, and the same shall be recorded by the clerk of the district. (Laws 1876, ch. 122, art. 4, sec. 6.) 361. Clerk Shall Draw Orders. [8956] The clerk of the district shall draw orders on the treasurer of the district for moneys in the hands of such treasurer which have been apportioned to or raised by the district, to be applied to the payment of teachers' wages, and apply such money to the pay- ment of the wages of such teachers as shall have been em- ployed by the district board ; and said clerk shall draw orders on the said treasurer for moneys in the hands of such treas T urer, to be disbursed for any other purpose ordered by a dis- trict meeting 95 or by the district board, agreeable to the pro- visions of this act. 90 (Laws 1876, ch. 122, art. 4, sec. 7.) 362. Clerk's Annual Report. 97 [8957] The clerk of each district shall, at least five days previous to the annual meeting in July of each year, make a written report, which he shall sub- mit and read to the legal voters of the district at the annual meeting for their information and consideration. If any change or alteration therein be necessary, the same shall be made, and it shall then be transmitted to the county superin- 94. In transacting the school business of the district, the members of the board should meet as a district board, the clerk making a complete record of all proceedings. Members of the school-district board have not the right to enter into contract obligating said board outside of a regular meeting, and such meeting is not legal unless all members have been notified of the call for the same. 95. A clerk can legally draw an order upon the treasurer for the disbursement of moneys without a meeting of the district board, if the same has been authorized by a district meeting or by the district board at any prior meeting. Example: Order for teacher's wages. 96. Should the director or other member of the board refuse to sign a legal order, payable to any party legally entitled to receive it, such officer may be compelled, by writ of mandamus, to sign. 97. This section should be amended to be in harmony with section 286 which fixes the date of the annual meeting for the second Friday in April. The school census can not be reported before the annual meeting, since it must show the number of persons of school age on the date of June 30. DISTRICT OFFICERS. 131 tendent of public instruction. Said report shall show: (1) The number of children, 98 male or female, designated sepa- rately, residing in the district or part of district on the last day of June previous to the date of such report, over the age of five and under the age of twenty-one years ; (2) the number of children attending school during the year, their sex, and branches studied; (3) the length of time a school has been taught in the district by a qualified teacher, the name of the teacher, the length of time taught by each teacher, and wages paid; (4) the amount of money received from the county treasurer, arising from disbursement of the state annual school fund, the amount received from district taxes, and the amount received from all other sources during the year, and the manner in which the same has been expended; (5) the amount of money raised by the district each year, and the pur- poses for which it was raised; (6) the kind of books used in the schools, and such other facts and statistics in regard to the district school as the county superintendent may require. (Laws 1889, ch. 220, sec. 2.) 363. County Treasurers. [8958] All county treasurers in this state are hereby required to notify clerks of all school districts in their respective counties, by mail or otherwise, ten days prior to the time fixed by law for holding the annual dis- trict meeting, of the amount of money drawn from the treas- ury by the district treasurer of his district since the commence- ment of the past school year, and shall also state in the same notification the balance remaining on hand, if any, in the county treasury to the credit of the respective districts. (Laws 1889, ch. 220, sec. 3.) 364. Treasurer Pay No Money, When. [8959] The county treasurer shall pay no money to the district treasurers of his county after the close of the school year, June 30, until after the annual district meetings of the school districts have been held. (Laws 1889, ch. 220, sec. 4.) 365. Clerk of Joint District. [8960] Whenever a school district shall lie partly in two or more counties, the clerk of such district in making his annual report shall carefully desig- nate the number of children resident in the parts of the coun- ties composing the district, and shall report to the county superintendent of public instruction of each of the counties in which such district may be partly situated. (Laws 1876, ch. 122, art. 4, sec. 9.) 366. Penalty for False Report. [8961] Every clerk of a district who shall willfully sign a false report to the county superintendent of his county shall be deemed guilty of a mis- demeanor, and punished by a fine not exceeding $100, or by imprisonment not exceeding three months. (Laws 1876, ch. 122, art. 4, sec. 10.) 98. See sections 241 and 242 of this book. 132 DISTRICT OFFICERS. [CH. 11 367. Report to County Clerk. [8962] It shall be the duty of the several district clerks in this state to make out a certi- fied list of all persons residing within their respective dis- tricts liable to pay taxes, and transmit the same to the county clerks of their respective counties on or before the 25th day of August annually, except in incorporated cities. (Laws 1876 ch. 122, art. 4, sec. 11.) 368. Penalty for Failure to Report. [8963] Any distrid clerk who shall fail to report the tax voted by his districi to the county clerk, as is provided by law, shall be liable to fine of not less than fifty dollars; and it is hereby made the duty of the county superintendent to have the provisions of this act enforced. (Laws 1876, ch. 122, art. 4, sec. 12.) 369. Report to County Superintendent. [8964] The dis- trict clerk shall report to the county superintendent in writ- ing the names and post-office addresses of the district officers elect, within two weeks after the said officers shall have been elected or appointed and qualified. The clerk shall also repor to the county superintendent the time of the commencement of each term of school, within two weeks from the commence ment of such term. (Laws 1876, ch. 122, art. 4, sec. 13.) 370. Report of Indebtedness. [11580] That in addition to the duties now required by law of the following officers, to wit, township clerks and clerks of incorporated cities, school- district clerks and clerks of boards of education, they shall each of them make and transmit to the clerk of their respec- tive counties, on or before the 5th day of July in each year, a complete certified statement of the floating and bonded in- debtedness, with date of issuing and maturing of outstanding bonds; amount of sinking-fund, if any, for redeeming the same; and such other information as may be required by the county clerk concerning the financial condition of their re- spective townships, cities, or districts ; and when no outstand- ing indebtedness exists, such fact shall be reported. (Laws 1877, ch. 90, sec. 1.) 371. Records. [8971] Every school-district clerk or treasurer who shall neglect or refuse to deliver to his successor in office all records, books and papers belonging to his office shall be subject to a fine not exceeding fifty dollars. (Laws 1876, ch. 122, art. 4, sec. 20.) 372. Treasurer; Bond. [8965] The treasurer shall exe- cute to the district a bond in double the amount, as near as can be ascertained, to come into his hands as treasurer during the year, with sufficient securities, to be approved by the director and clerk, conditioned to the faithful discharge of the duties of said office." Such bond shall be justified by 99. It is not proper for either the director or the clerk to become surety of the treasurer. It is not necessary that the treasurer's bonds- CH. 11] DISTRICT OFFICERS. 133 the affidavit of the principal and his sureties : Provided, That the director of the district or the county superintendent of public instruction shall be authorized to administer the oaths in the justification of the treasurer and his sureties. And said bond shall be filed with the district clerk, and in case of the breach of any conditions thereof, the director shall cause a suit to be commenced thereon, in the name of the district, and the money collected shall be applied by such director to the use of the district, as the same should have been applied by the treasurer ; and if such director shall neglect or refuse to prosecute, then any householder in the district may cause such prosecution to be instituted. (Laws 1879, ch. 156, sec. 1.) 373. Duties of Treasurer. [8966] The treasurer of each district shall pay out, on the order of the clerk, signed by the director of the district, all public moneys, which shall come into his hands for the use of the district. 100 (Laws 1876, ch. 122, art. 4, sec. 15.) 374. Receive School Moneys. [8967] The county treas- urer shall pay to each district treasurer in the county all school moneys in the county treasury belonging to the district, upon the order of the director and clerk of the district: Provided, That said order shall be accompanied by a certificate from the district clerk stating that the treasurer of the district has executed and filed his bond as required by law. (Laws 1876, ch. 122, art. 4, sec. 16.) 375. District Taxes. [8968] Where a school-district tax has been voted, and from the fault or negligence of any officer, or any other cause, has not been levied and collected in any year, the same shall be added to and collected with the taxes of the year following; and the county treasurer shall pay over to the treasurers of the respective school districts all taxes he may have collected for the said districts, on the order of the district clerk, countersigned by the director, subject to the proviso contained in section 52 of this act. 101 (Laws 1876, ch. 122, art. 4, sec. 17.) 376. Records and Reports.. [8969] The treasurer shall keep a book in which he shall enter all the moneys received and disbursed by him, specifying particularly the sources from which money has been received and the person or persons to whom and the objects for which the same has been paid out. He shall present to the district, at each annual meeting, a re- port in writing, containing a statement of all moneys received men be residents of the district, though they ought to reside in the county. The bond becoming insufficient from any cause, the director and clerk may require the bond to be made good. 100. Registration. When a warrant is presented and not paid for want of funds, it is the duty of the treasurer to register the same, and, when the proper funds are received, to pay said warrant, and all others which have been similarly presented, in the regular order of registration. 101. Section 374 of this book. 134 DISTRICT OFFICERS. [CH. 11 by him from the county treasurer during the year; also all moneys collected by him during the year from assessments in the district, and of the disbursements made by him, with the items of such disbursements, and exhibit the vouchers therefor, which report shall be recorded by the district clerk ; and at the close of his term of office shall settle with the district board, and shall hand over to his successor said book, and all receipts, vouchers, orders and papers coming into his hands as treasurer of the district, together with all the moneys remaining in his hands as such treasurer. (Laws 1876, ch. 122, art. 4, sec. 18,) 377. Prosecution for Failure. [8970] If any district treasurer shall refuse or neglect to pay over any money in his hands belonging to the district, it shall be the duty of his suc- cessor in office to prosecute without delay the official bond of such treasurer, for the recovery of such money. 102 (Laws 1876, ch. 122, art. 4, sec. 19.) 378. Powers of Board. [8972] The district board shall purchase or lease such a site for a schoolhouse as shall have been designated by the voters at a district meeting, in the corporate name thereof, and shall build, hire or purchase such schoolhouse as the voters of the district in a district meeting shall have agreed upon, out of the funds provided for that purpose, and make sale of any schoolhouse site or other property of the district, and, if necessary, execute a convey- ance of the same in the name of their office, when lawfully directed by the voters of such district at any regular or special meeting, and shall carry into effect all lawful orders of the district. (Laws 1876, ch. 122, art. 4, sec. 21.) 379. School Property. [8973] The district board shall have the care and keeping of the schoolhouse and other prop- erty belonging to the district. They shall have power to make such rules and regulations relating to the district library as they may deem proper, and to appoint some suitable person to act as librarian, and to take charge of the school apparatus belonging to the district. (Laws 1876, ch. 122, art. 4, sec. 22.) 380. Use of Schoolhouse. [8983] The district board shall have the care and keeping of the schoolhouse and other prop- erty belonging to the district. They are hereby authorized 103 to open the schoolhouse for the use of religious, political, lit- erary, scientific, mechanical, or agricultural societies, or so- cieties for the suppression of crime belonging to their district, for the purpose of holding the business or public meetings of said societies, under such regulations as the school board may adopt ; but it shall be unlawful for the school board to act arbi- 102. See section 371 of this book for penalty for refusing or neglecting to turn over all records to successor. 103. This does not mean that school boards must open the schoolhouse the purpose mentioned, but that they may, if they think it best to do CH. 11] DISTRICT OFFICERS. 135 trarily or partially in the matter of prescribing regulations for the use of the schoolhouse ; and any abuse of their powers by the school-district board may be corrected by the district court through mandamus or injunction on the application of any of the aforementioned societies. 104 (Laws 1913, ch. 284, sec. 1.) 381. Water-closets. [9444] That the school boards and boards of education having supervision over any school dis- trict in this state shall provide and maintain suitable and con- venient water-closets for each of the schools under their charge or supervision. There shall be at least two in number, which shall be entirely separate from each other. It shall be the duty of the officers aforesaid to see that the same are kept in a neat and wholesome condition ; and failure to comply with the provisions of this act by the aforesaid officers shall be grounds for their removal from office. (Laws 1891, ch. 197, sec. 1.) 382. Removal of Schoolhouse, etc. [8982] That whenever a schoolhouse or other improvements have been made upon a claim of any settler upon any of the public, Indian or railroad lands within this state, to which the said settler had no title, it shall be lawful for the school directors of the proper school district to remove the said schoolhouse or other im- provements from the said claim at any time within one year from the time that the settler in any given case may acquire a title to his said claim: Provided, That if the said settler, in any given case, shall convey to said board of school di- rectors one acre of the land upon which said schoolhouse or other improvements are situated, the same shall not be re- moved : And provided further, That if any schoolhouse shall have been built of stone, brick, or frame, costing not less than $500, the probate judge of the county shall appoint three dis- interested persons, who shall appraise and condemn one acre of such land upon which said improvements shall have been located ; and it shall be the duty of the school director of such district to pay the owner of such land the value of such land as found by said appraisers. (Laws 1876, ch. 122, art. 4, sec. 32.) 383. Nonresident Pupils. [8974] The district board shall have power to admit scholars from adjoining districts. (Laws 1876, ch. 122, art. 4, sec. 23.) 384. Teachers. [8975] The district board in each district shall contract with and hire qualified teachers 105 for and in 104. The law restricts the board to the several societies named in this section. The board cannot legally open the schoolhouse for other uses aside from the use of the schoolhouse for all business connected directly with the schools of the district. 105. It is held (1) that a "qualified" teacher is one holding a legal certificate; a contract with any other than a legally qualified teacher is not a legal contract; (2) should the teacher's certificate expire by limit 136 DISTRICT OFFICERS. [CH. 11 the name of the district, 106 which contract shall be in writing, and shall specify the wages per week or month as agreed upon by the parties, and such contract shall be filed in the dis- trict clerk's office, 107 and, in conjunction with the county super- intendent, may dismiss for incompetency, cruelty, negligence, or immorality. 108 (Laws 1876, ch. 122, art. 4, sec. 24.) 385. Employment of Relatives. [9037] Any person being related to a school-district officer as husband or wife, son or daughter, shall not be eligible to the position of teacher in such school district, unless employed by a unanimous vote of all the members of such board. (Laws 1901, ch. 304, sec. 1.) 386. Contracts Void. [9038] Any contract made in viola- tion of this act 109 shall be null and void, and any school-district officer so violating shall be liable to the person or persons so employed for all claims such person or persons may have against such district for wages. (Laws 1901, ch. 304, sec. 2.) 387. Records and Reports. [9010] It shall be the duty of the teachers of every district school or graded school to keep, in a register for this purpose, a daily record of the attendance and the deportment of each pupil, and of the recitations of each pupil in the several branches pursued in said school, and to make out and file with the district clerk, at the expiration of each term of the school, a full report of the whole number of scholars admitted to school during such term, distinguishing between male and female, the text-books used, the branches taught, and the number of pupils engaged in the study of said branches, and any other information the district board or county superintendent may require. 110 The wages of a teacher for the last month of a school term shall not be paid by any district board, unless said teacher shall have complied with the of date during a term of school, said teacher must procure a new certifi- cate or the contract becomes null and void; and (3) a contract to teach made by a district board with a member of said board is contrary to public policy. See note 80 as to the lack of authority of the district meet- ing to determine who the teacher shall be. 106. Contract. It is not legal for a school-district board, previous to the annual meeting, to employ teachers for the new term of school. 107. Teachers are entitled to pay for the time during which school is dismissed due to the prevalence of a contagious disease in the district. 108. Janitor Work. In the absence of any law making it is the duty of the teacher to assume the responsibility of janitor work necessary for the comfort and good order of the school under her charge, such work being necessary and indispensable, and further, since the provision for the equipment of the school is clearly the duty of the board, the inference certainly must be that the care of the schoolhouse property belongs to the district board, and in no way can it be construed as a part of the teacher's duties, unless the contract entered into by the same shall so provide. Teachers can not collect pay for janitor service unless the con- tract so provides. 109. See section 385 of this book. 110. See section 241 of this book for additional reports required under the compulsory-education law. CH. 11] DISTRICT OFFICERS. 137 requirements of this section. (Laws 1876, ch. 122, art. 6, sec. 1.) 388. Necessary Appendages. [8976] The district board shall provide the necessary appendages 111 for the schoolhouse during the time a school is taught therein, and shall keep an accurate account of all expenses thus incurred, and present the same for allowance at any regular district meeting. (Laws 1876, ch. 122, art. 4, sec. 25.) 389. Suspend Pupils; Appeal. [8977] The district board may suspend, or authorize the director to suspend, 112 from the privileges of a school, any pupil guilty of immorality or persistent violations of the regulations of the school, which suspension shall not extend beyond the current quarter of the school : Provided, That the pupil suspended shall have the right to appeal from the decision of said board of directors to the county superintendent, who shall, upon a full investigation of the charges preferred against said pupil, determine as to his guilt or innocence of the offense charged, whose decision shall be final. 113 (Laws 1876, ch. 122, art. 4, sec. 26.) 390. District Board's School Duties. [8978] The district board shall furnish each teacher with a suitable daily register, and shall visit together, or by one or two of their number, all the schools of their district, at least once a term, and at such other periods during the term as in their opinion the exigencies of each school may require; at which visits they shall examine the register of the teacher and see that it is properly kept, and inquire into other matters touching the schoolhouse, facilities for ventilation, furniture, apparatus, library, studies, discipline, modes of teaching, and improve- ment of the school; 114 shall confer with the teacher in regard 111. The term "appendages" should be construed broadly, so as to in- clude necessary improvements, such as well, privy, fence, etc. (30 Kan. 378.) 112. Pupils between the ages of eight and sixteen can be suspended only temporarily, when they are required by the compulsory-attendance law to attend school. (See section 237.) Cases of incorrigibility come within the jurisdiction of the juvenile court when the accused is under the age of sixteen years. (See section 237.) 113. The right of the teacher to punish for misconduct extends from the time the pupil leaves home to go to school until he returns home from school. This, however, does not relieve the parent from control of the child on his way to and from school. The control of school children on their way to and from school should be exercised concurrently by the parents and teacher. In case of grave misconduct, the teacher can suspend a pupil until the board can be notified of such action, except when required by the compulsory-attendance law to attend school. Due diligence must be used by the teacher to serve notice on the board. 114. A school board has a right to make a rule requiring constant and prompt attendance at school, such a rule having in view the securing of the very object contemplated in the law establishing public schools. The- interests of the pupil and of all the members of the school require prompt- ness and regularity in attendance. Courts have held that such a rule may be enforced. (See chapter VII of this book.) 138 DISTRICT OFFICERS. [CH. 1: to condition and management, and make such suggestions sa in their view would promote the interest and efficiency of th< school and the progress and good order of the pupils. The dat( and results of such visits shall be entered by the clerk of the board on their minutes. 115 (Laws 1876, ch. 122, art. 4, sec. 27.) 391. Taxes; Clerk to Certify; Commissioners to Levy Limit. [8980] It shall be the duty of the school-district clerk to certify to the county commissioners of their respective counties, on or before the 25th day of July, annually, the ag gregate amount by them determined in each district to be necessary for school purposes. Upon the receipt of such cer tification the county commissioners shall, on or before the firs Monday in August, annually, levy on the real and persona! property in each district, as returned by the assessment roll of the county, a percentage which will produce an amount equa to and not exceeding by more than five per cent the amoum certified by the district clerk : Provided, hoivever, No levy shal exceed four and one-half mills. And the county clerk is hereby authorized and required to place the same on the tax roll of said county, in a separate column or columns, designating the purpose for which such taxes were levied ; and the said taxes shall be collected by the county treasurer and paid over to the treasurers of the respective school districts in the county, with the same power and restrictions and under the same regula- tions and in all respects as to the sale of real or personal prop- erty. He shall be authorized and he is hereby required to act according to the provisions and requisitions of the law for the collection of taxes for state and county purposes. (Laws 1911, ch. 271, sec. 1.) 115a. By the Laws of 1920, school districts may now vote not to ex- ceed six and three-fourths mills on a majority vote. For full text of the law, see Laws of 1920, ch. 52, sec. 1. 392. Judgments. [8981] Whenever any final judgment shall be obtained against any school district, the district board shall levy a tax on such taxable property in the district for the payment thereof. 116 Such tax shall be collected as other school- district taxes, but no execution shall issue on such judgment against the school district; and in case the district board neglect to levy a tax as aforesaid for the space of thirty days 115. Powers of District Board. The district board has the power to prescribe the necessary rules and regulations for the management and government of the school. They may require a classification of pupils with respect to the branches of study pursued, and with respect to pro- iciency or degree of advancement in the same, and that there shall be prompt attendance, diligence in study, and proper deportment. The course of study is prescribed by the State Board of Education. (See sec- tion 697.) HS' A J' ud ment tax m ay be levied in addition to the six and three- tourths mills for general school purposes, and the amount of tax which may be levied to pay a judgment is not limited. CH. 11] UNION OR GRADED SCHOOL DISTRICTS. 139 after such judgment shall become final, or in case the proper officer shall neglect to collect the tax levied within the time and in the manner provided by law, then the judgment creditor of the district may have and recover a judgment against the officer or officers so in default for the amounts due him on such judgment against the district, with costs, upon which execu- tion shall issue. (Laws 1876, ch. 122, art. 4, sec. 31.) ARTICLE IV. Union or Graded-school Districts. 117 NOTE. A union or graded school is to be distinguished from a con- solidated school provided by chapter VIII. 393. How established. 394. Powers and duties of directors. 395. Union district may levy taxes. 396. Authority to issue bonds. 397. Duties of clerk of union district. 398. Duties of treasurer of union district. 399. Public schools in cities shall receive their share of public-school funds, on what condition. 400. Single district may establish graded schools. 393. How Established. [9048] Whenever the inhabitants of two or more school districts may desire to unite such districts for the purpose of establishing a graded school, in which instruction shall be given in the higher grades of edu- cation, the clerks of the several districts shall, upon a written petition therefor signed by not less than five voters from each of such districts, which voters shall be taxpayers of such dis- trict, call a meeting of the voters of such districts to be held at some convenient place, by posting up written notices thereof in the same manner as is provided for calling district meetings ; and if a majority of the votes cast from each of the two or more districts shall be in favor of uniting such districts for the pur- pose hereinbefore stated, they shall, at that meeting or at an adjourned meeting, elect a board of directors, consisting of a director, clerk and treasurer. (Laws 1915, ch. 301, sec. 1.) 394. Duties of Board of Directors. [9049] The board of directors provided in the preceding section shall, in all mat- ters relating to the graded schools, possess all the powers and discharge all the like duties of the district board of directors, as prescribed in this act. (Laws 1876, ch. 122, art. 7, sec. 2.) 395. Union District May Levy Taxes. [9050] The said union district may levy taxes for the purpose of purchasing a building or furnishing proper buildings for the accommodation of the school, or for the purpose of defraying necessary ex- penses and paying teachers, but shall be governed in all re- spects by the law provided for levying and collecting district taxes. (Laws 1913, ch. 280, sec. 1.) 117. The individual districts may still conduct their usual district schools but be a part of this union district for instruction in the higher branches. The plan is virtually to provide a central high school. A reso- lution adopted at an annual meeting or at a special meeting called for the purpose is necessary before a graded school is subject to the provisions of this act. 140 UNION OR GRADED SCHOOL DISTRICTS. [CH. 11 396. Authority to Issue Bonds. [9191] That for the pur- pose [of] building, erecting, constructing or purchasing one or more schoolhouses, the union or graded-school districts organ- ized and existing under chapter 122 of the Laws of 1876 and the acts amendatory thereof and supplemental thereto, the boards of directors of such union or graded-school districts are hereby authorized to issue bonds. Said bonds shall be issued in all respects in conformity with the provisions of the law relative to the issuance of bonds of school districts and subject to the same limitations. (Laws 1913, ch. 281, sec. 1.) 397. Clerk. [9052] The clerk of the union district shall make a report to the county superintendent of public instruc- tion, and discharge all the duties of clerk in like manner as clerk of the district. (Laws 1876, ch. 122, art. 7, sec. 6.) 398. Treasurer. [9053] The treasurer of the union dis- trict shall perform all the duties of treasurer as prescribed in this act, in like manner as the district treasurer. (Laws 1876, ch. 122, art. 7, sec. 7.) 399. Apportionment to Cities. [9054] The public schools of any city, town, or village, which may be regulated by special law set forth in the charter of said city, town, or village, shall be entitled to receive their proportion of the public-school fund : Provided, The clerk of the board of educa- tion in such city, town or village shall make due report, within the time and manner prescribed in this act, to the county superintendent of public instruction. (Laws 1876, ch. 122, art. 7, sec. 8.) 400. Single District. [9055] Any single district shall possess power to establish graded schools subject to the pro- visions of this article, in like manner as two or more districts united : Provided, however, The regular district board of direc- tors of the district shall have the power and shall have the management of the schools of the district and grade them in accordance with the action of the annual district meeting, and employ teachers and do all things pertaining to the union graded schools, without an additional board of directors, where a single district composes the union graded-school district: And provided further, That the director, clerk and treasurer of the regular district board shall possess all the powers to man- age the union graded-school district when a single district composes the union graded-school district as the director, clerk and treasurer have in union or graded-school districts com- posed of two or more districts. (Laws 1907, ch. 331, sec. 1.) CH. 11] DISSOLUTION OF UNION SCHOOL DISTRICTS. 141 ARTICLE V. Dissolution of Union School Districts. 401. Petition and district meeting. I 403. Division of property by county super- 402. Disposition of property. intendent. 401. Petition and District Meeting. That whenever two or more school districts have united to form a union school district under the provisions of section 9048 of the General Statutes of 1915, and when there is established and maintained in one of the original districts composing said union district a high school under the act commonly known as the Barnes high-school act, said union district may be dissolved in the following manner: Upon a written petition of twenty-five per cent of the voters of every original district comprising such union school district asking that said district be disorgan- ized as herein provided, the clerk of said union school dis- trict shall post printed notices such as are now required by law for school district meetings, calling a school district meeting of such union district at the schoolhouse of said district for the purpose of voting upon the proposition of disorganization of said union district as stated in said no- tices. In any school district voting on the proposition, a majority of the votes cast shall be sufficient to carry the propo- sition. The vote at such school meeting shall be by ballot, which shall read "For disorganization" or "Against disorgani- zation." Upon such proposition being carried, the clerk of said school district shall thereupon, in writing, notify the county superintendent of such action. Upon receiving such notice, it shall be the duty of the county superintendent to make an order dissolving said union district and to file said order with the county clerk, and the county superintendent shall publish in the official county paper for three consecutive weeks a notice of such dissolution and of the order by him, which publication notice shall be completed not less than sixty days after the re- ceipt by the county superintendent of the notice from the clerk of said union district as herein provided, and upon the completion of said notice and the filing of proof of publication, the said district shall be disorganized and dissolved, and the districts composing said union district shall be and become separate school districts, with their boundaries remaining the same as they were at the time of the original consolidation of said districts into a union district. (Laws 1919, ch. 260, sec. 1.) 402. Disposition of Property. Upon the disorganization of said union school district, the school property owned by the various districts composing said union district at the time of the organization of said union district shall become and be the property of the district originally owning such property, and any property obtained and owned by such union district 142 SPECIAL AID TO LANSING. [CH. 11 since its organization shall upon such dissolution be divided among the various school districts in proportion to the as- sessed valuation of such districts. (Laws 1919, ch. 260, sec. 2.) 403. Division of Property by County Superintendent. Such division shall be made by the county superintendent, and if he shall find it impossible to make a division of the joint property in kind, then he shall notify such districts of such fact, and such districts composing the original union district shall have an opportunity to bid for such joint prop- erty, and he shall sell the same to the school district making the highest bid therefor: Provided, That if none of the school districts composing such union district shall bid for such joint property, then said county superintendent shall cause the same to be sold, and shall divide the proceeds among the several districts according to the assessed valuation of such districts. (Laws 1919, ch. 260, sec. 3.) ARTICLE VI. Special Aid, Lansing. 404. Appropriation. 405. Warrants authorized. 404. Appropriation. That there is hereby appropriated, out of any money in the state treasury, the sum of one thousand dollars for the fiscal year ending June 30, 1920, and one thou- sand dollars for the fiscal year ending June 30, 1921, to be used by the board of directors of school district No. 75, located in Lansing, Leavenworth county, Kansas, in aid of the teachers and incidental fund raised by said school district No. 75, at Lansing, Leavenworth county, Kansas. (Laws 1919, ch. 55, sec. 1.) 405. Warrants Authorized. The auditor of state is hereby ordered to draw his warrants on the treasurer of state for the sum specified in section 1 of this act, upon properly itemized and verified vouchers of the treasurer of school district No. 75, located at Lansing, Leavenworth county, Kansas, approved by the director and clerk of said school district No. 75 ; said war- rants to be in the sum of one thousand dollars each, one war- rant payable on the first day of September, 1919, and the other warrant payable on the first day of September, 1920. (Laws 1919, ch. 55, sec. 2.) CH. 12] EXTENSION WORK. 143 CHAPTER XII. Extension Work. ARTICLE I. Extension Work in Agriculture and Home Economics. 406. Duplicating Federal funds. 407. Warrants authorized. 406. Duplicating Federal Funds. That for the purpose of duplicating federal funds for cooperative extension work in agriculture and home economics in Kansas to be carried on under the direction and supervision of the Kansas State Agri- cultural College, under the provisions of the federal Smith- Lever act, there is hereby appropriated to the Kansas State Agricultural College for said purpose, out of any money in the state treasury not otherwise appropriated, for the fiscal year ending June 30, 1920, $63,073.65 ; and for the fiscal year end- ing June 30, 1921, $75,203.20. (Laws 1919, ch. 51, sec. 1.) 407. Warrants Authorized. The auditor of state is hereby authorized to draw his warrants upon the treasurer of state for the purpose herein provided, upon duly itemized and ap- proved vouchers by the State Board of Administration, or by such officer or person as they may authorize to approve said vouchers. (Laws 1919, ch. 51, sec. 2.) 144 FINES AND PENALTIES. [CH. 13 CHAPTER XIIL Fines and Penalties. ill. Officers prohibited from hiking con- tracts, doing work for profit, or furnishing material. 408. Jurisdiction of justices of the peace. 409. Fines and penalties, how collected. 410. Penalty for receiving bonus from publisher of school-books. 408. Jurisdiction. [9060] Justices of the peace shall have jurisdiction in all cases in which a school district is a party interested, when the amount claimed by the plaintiff shall not exceed $100 ; and the parties shall have the right of appeal as in other cases. (Laws 1876, ch. 122, art. 9, sec. 1.) 409. How Collected. [9061] All fines and penalties not otherwise provided for in this act shall be collected by an action in any court of competent jurisdiction. (Laws 1876, ch. 122, art. 9, sec. 2.) 410. Penalty for Receiving Bonus. [9062] If the state superintendent, or any county superintendent of public in- struction, shall receive from the publisher of any sehoolbooks, or from any other person interested in the sale or introduction of any book into the public schools in the state, any money or bonus in any manner as an inducement for the recommendation or introduction of any such book into the public schools of the state, such superintendent shall, upon conviction thereof before any court of competent jurisdiction, be found guilty of a mis- demeanor, and shall be fined in a sum not less than $1,000 nor exceeding $5,000, or shall be imprisoned in the penitentiary for any time not less than one year nor more than five years, or both such fine and imprisonment. (Laws 1876, ch. 122, art. 9, sec. 3.) 411. Officers Prohibited from Taking Contracts, Doing Work for Profit, or Furnishing Material. [3741] That all officers, state and county, and all officers appointed or elected for the purpose of overseeing and directing any of the public improvements of the state, and all officers holding and exer- cising any office of trust or profit under and by virtue of any law of the state, be and they are hereby prohibited from tak- ing any contract, or performing or doing or having performed or done for their own profit, any work in and about the office holden by them, or in or about any work over which they have in whole or in part the supervision, direction or control, and from furnishing any materials used in any such work, and from furnishing for the use of any institution, public work, county, township, or other interest, the protection of which interest is a part of the duties of his office, any firewood, cloth- ing, materials for building, or other things required by such institution, public work, county, township or other interest so in the keeping, in whole or in part, of such person. (Laws 1867, ch. 123, sec. 4.) CH. 14] FIRE PROTECTION. 145 CHAPTER XIV. Fire Protection. 417. Fire-drills. 418. Penalty. 419. Time for compliance. 420. Duty of state tire marshal; fire-drills; instruction in fire prevention. 412. Doors of schoolhouses. 413. Exits, fire escapes. 414. Furnaces. 415. Plans of buildings submitted to state architect. 416. Inspection, duty of school boards. 412. Doors of Schoolhouses. [9400] That the doors of all public or private schoolhouses of more than one story shall open outwards, and all doors of schoolhouses shall remain un- locked while school is in session. (Laws 1909, ch. 209, sec. 1.) 413. Exits, Fire Escapes. [9401] That in every public or private schoolhouse of two or more stories every story above the first shall be provided with either two or more exits from the upper floor separate and distinct from the exits of the lower floor, or shall be provided with sufficient and suitable fire escapes, 118 which shall be built of iron or steel. (Laws 1909, ch. 209, sec. 2.) 414. Furnaces. [9402] That the tops of all furnaces in public and private schoolhouses shall be covered with asbestos covering or masonry, and the top of such furnace shall not be nearer than eighteen inches to the nearest woodwork above. The ceiling above said furnaces shall be covered with asbestos. (Laws 1909, ch. 209, sec. 3.) 415. Plans of Buildings Submitted to State Architect. [9403] That no contract shall be let for the erection of any school building, nor shall any public funds be paid out for the erection of schoolhouses of two or more stories, until the plans for such building shall have been submitted to the state archi- tect and approved as to all the requirements of this act. (Laws 1909, ch. 209, sec. 4.) 416. Inspection; Duty of School Boards. [9404] That each county superintendent shall annually inspect each public- school building, including the county high-school building, in districts under his supervision ; and the mayor or fire marshal shall annually inspect all public and private school buildings in cities of the second class; and the fire marshal shall an- nually inspect all public and private school buildings in cities of the first class. 119 The examining officer under this section shall report to the respective school boards having jurisdiction any violation of this act, or any conditions which he may deem dangerous, or which will in any way prevent a speedy exit 118. A ladder fire escape is not a "suitable" fire escape for a school- house. 119. See sections 1024-1026, General Statutes of 1915, concerning: the condemning of buildings in cities of the third class. 146 FIRE PROTECTION. [CH. from the building, and it shall be the duty of said school boardj when thus notified immediately to make such changes as ar required by this act, and such boards are hereby authorize to draw upon their general revenue funds, without furthe appropriation, to comply with all the requirements of this act (Laws 1909, ch. 209, sec. 5.) 417. Fire-drills. [9405] That in every public or private school having more than one hundred pupils (excepting col- leges and universities) a fire-drill and summary dismissal from the building shall be practiced at least once each month at some time during school hours, aside from the regular dismissal at the close of the day's session. (Laws 1909, ch. 209, sec. 6.) 418. Penalty. [9406] That any officer or member of a school board who shall permit any provision of this act to be violated for sixty days may be removed from his office by a civil action. Independent of such civil action, any officer, member of a school board, city superintendent, principal or teacher violating any provision of this act shall be guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars or more than five hundred dollars, or by imprison- ment in jail not exceeding six months, or by both such fine and imprisonment : Provided, however, That this act shall not pre- vent the prosecution and punishment of an officer or other person under the ordinary provisions of the crimes act for death or injury to any child in a public or private school occasioned by the negligence of such officer or other person. (Laws 1909, ch. 209, sec. 7.) 419. Time for Compliance. [9407] That within sixty days after the taking effect of this act the provisions of sec- tion 1 of this act must be fully complied with, and within one hundred and twenty days the provisions of sections 2 and 3 must be complied with; and any neglect to comply with the provisions of this act beyond the times herein specified shall subject the officers and persons named in this act to the penal- ties prescribed in this act. (Laws 1909, ch. 209, sec. 8.) 420. Duty of State Fire Marshal; Fire-drills; Instruction in Fire Prevention. That it shall be the duty of the state fire marshal and his deputies to require all boards of education or school boards of all public and private schools in all buildings to see that all teachers of said schools shall have a fire-drill at least once each month, and to keep all doors and exits to or from the room unlocked during school hours, and shall use no kerosene for building fires in buildings where they teach. The state fire marshal shall prepare a bulletin or text upon the causes and dangers of fires and have the same published and deliver the same to the public schools throughout the state ; and the teachers of said schools shall be required to instruct their pupils with reference to the causes and dangers of fires. It CM. 14] FIRE PROTECTION. 147 shall be the duty of said school boards, boards of education, or boards of trustees of all public and private schools in this state, and the teachers, janitors, and custodians in such schools, to have the fire-drill, give the instruction, keep the doors and exits unlocked during school hours, and in all respects conform to all requirements made by law, or the fire marshal, concern- ing the prevention of fires and the imparting of information concerning the same; and any such person violating the pro- visions of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $5.00 nor more than $10.00 for each offense. (Laws 1917, ch. 198, sec. 16.) 148 HIGH SCHOOLS. [CH. 15 CHAPTER XV. High Schools. ARTICLE I. High-school Tuition. 421. Admission of nonresidents to ac- I 422. Tax levy for high-school tuition. credited high schools. j 423. Certificate of attendance; payment. 421. Admission of Nonresidents to Accredited High Schools. [9361] In every county in this state in which pro- vision is not otherwise made for free high-school tuition for every qualified pupil residing in said county, any pupil residing in any school district which does not maintain a high school with a four-year course accredited by the State Board of Edu- cation shall be admitted to any accredited high school in said county, on presentation of a common school diploma signed by the county superintendent of public instruction and certifying that said pupil has completed the course of study prescribed by the State Board of Education for elementary rural or graded school ; and the tuition of such pupils shall be paid as herein- after provided: Provided, That any pupil residing in any school district which does not maintain a high school with a four-year course accredited by the State Board of Education shall, if he desires, be admitted to the high school nearest his residence in the county of his residence or adjoining county; whether such high school maintain a four-year course or less and his tuition shall be paid in the same manner and from the same fund as provided when attending an accredited high school maintaining a four-year course. (Laws 1915, ch. 314, sec. 1.) 422. Tax Levy for High-school Tuition. [9363] The county superintendent of public instruction shall, on or before the 25th day of July in each year, certify to the board of county commissioners the number of qualified pupils as provided in section 1 of this act, and the amount necessary to pay the high school tuition of said pupils for the ensuing year at the rate of one dollar per week; and the county commissioners shall levy on all of the taxable property in said county, excluding from said levy the property of any district or city in which is main- tained a four-year accredited high school, or rural high school, a tax sufficient to pay said high-school tuition as certified by the county superintendent; and in case the county commis- sioners shall fail to make such levy, then the county superin- tendent of public instruction shall make a suitable levy and shall certify the same to the county clerk, who shall enter upon the tax rolls the levy so made by the county superintendent; the county treasurer shall collect said tax in the same manner in which other taxes are collected and shall pay the same to treasurers of school districts and treasurers of boards of edu- cation as hereinafter provided. (Laws 1915, ch. 314, sec. 3.) CH. 15] COUNTY HIGH SCHOOLS. 149 423. Certificate of Attendance; Payment of Tuition. [9364] The district clerk of any school district and the clerk of the board of education of any city of the first or second class located in any county in which this act applies, as provided in section 1, shall, on or before the 30th day of June of each year, certify to the county superintendent of public instruction the names and the number of nonresident pupils enrolled in the high school of said district or city during the year ending on the 30th day of June, and the number of weeks or fraction thereof during which each of said pupils has attended said high school, and the county superintendent shall certify the same to the county treasurer; the county treasurer shall pay to the school district treasurers and to the treasurers of boards of education an amount sufficient to pay the high school tuition of said pupils at the rate of one dollar for each week's attend- ance or fraction thereof; and if the tuition fund herein pro- vided for shall not be sufficient to pay the full amount of said tuition, then said fund shall be distributed pro rata among the districts and cities entitled to such fund, and any deficiency shall be provided for in making the levy for the succeeding year. (Laws 1915, ch. 341, sec. 4.) ARTICLE II. County High Schools in Counties Having a 'Population of Over 2,000. 424. What counties may establish. 425. Election, how called. 426. Ballots canvassed. 427. Election of trustees. 428. President, secretary and treasurer. 429. Levy by trustees. 430. Levy limited. 431. Levy limited; exceptions. 432. Levy limited in certain counties. 433. Petition. 434. Taxes levied and collected. 435. Duties of treasurer and secretary. 436. Site purchased; buildings. 437. Bonds for county high-school build- ings. 438. Bond election. 439. Election for establishing county high school, and voting bonds for build- ing. 440. Limit of bonds. 441. Levy for interest and sinking fund. 442. Act applies to certain counties. 443. Employment of principal and teach- ers. 444. Courses of instruction. 445. Tuition and admission. 446. Nonresident pupils. 447. Rules and regulations. 448. Report of trustees. 449. Vacancies in board of trustees. 450. Compensation of tmstees. 434. What Counties May Establish. [9287] That each county having a population of two thousand inhabitants or more, as shown by the last state or federal census, may estab- lish a county high school on the conditions and in the manner hereinafter prescribed, for the purpose of affording better educational facilities for pupils more advanced than those at- tending district schools, and for persons who desire to fit themselves for the vocation of teaching. (Laws 1915, ch. 316, sec. 1.) 425. Election. [9288] When one-third of the electors of a county, as shown by the returns of the last preceding elec- tion, shall petition the board of county commissioners request- ing that a county high school be established in their county, at a place in the said petition named, or whenever the said county 150 COUNTY HIGH SCHOOLS. [CH. 15 commissioners shall at their discretion think proper, they shall give twenty days' notice previous to the next general election, or previous to a special election called for that purpose, that they will submit the question to the electors of said county whether such high school shall be established, and at the place specified, at which election the electors of the county shall vote by ballot for or against establishing such high school. The notice contemplated in this section shall be given as are all legal notices of a general or a special election. (Laws 1886, ch. 147, sec. 2.) 426. Ballots Canvassed. [9289] After said election the ballots on said question shall be canvassed in the same manner as in the election of county officers, and if a majority of all the votes cast shall be in favor of establishing such high school, the county commissioners shall immediately proceed to appoint six persons, who shall be residents and freeholders of the county, but no more than two of whom shall be residents of the same commissioner district, who shall, with the county super- intendent of instruction, 120 constitute a board of trustees for said school. Each of said trustees appointed as aforesaid shall hold his office until his successor is elected and qualified, and shall be required, within ten days after appointment, to qualify by taking the usual oath of office and by giving such bond as may be required by said county commissioners for the faithful discharge of his duties. (Laws 1903, ch. 432, sec. 1.) 427. Election of Trustees. [9290] At the next general election after said appointment, there shall be elected 121 six high-school trustees, but no more than two of whom shall be residents of the same commissioner district; three of whom shall serve for two years and three of whom shall serve for four years, the respective terms to be decided by lot; these terms to be known and designated as short term and full term, respectively. Each two years thereafter there shall be elected three trustees, but no more than one of whom shall be a resi- dent of the same commissioner district, to serve a term of four years, to succeed those whose term is about to expire. In those counties in which county high schools have already been established, the present high-school trustees shall serve until after the election in 1904, at which time six county-high-school trustees shall be elected, but no more than two of whom shall reside in the same commissioner district, and all of the above provisions shall thereafter apply to said counties. Said trus- tees shall qualify and enter upon the duties of their office in the same manner and at the same time as other county officers. (Laws 1903, ch. 432, sec. 2.) 120. The county superintendent is entitled to vote on all questions coming before the board of trustees. 121. County-high-school trustees are to be elected by the entire county. CH. 15] COUNTY HIGH SCHOOLS. 151 428. President, Secretary, and Treasurer. [9291] The county superintendent 122 shall, by virtue of his office, be presi- dent of said board of trustees. At their first meeting in each year they shall appoint from their own number a secretary and treasurer, who shall perform the usual duties devolving upon such officers, and shall hold office for one year, or until their successors are appointed and qualified. Said treasurer shall give such additional bond as the county commissioners shall deem sufficient. A majority of said board shall constitute a quorum for the transaction of all business, but four votes shall be required to decide any question. (Laws 1886, ch. 147, sec. 5.) 429. Levy by Trustees. [9292] That the board of trus- tees of any county high school in the state of Kansas shall at its first meeting, and annually thereafter before the first day of August of each succeeding year, make an estimate of the amount of funds needed for building purposes, for the pay- ment of teachers' wages, for contingent purposes, and all other educational purposes connected with said high school, and hav- ing made such estimate shall make an annual levy sufficient to raise the amount desired for such purposes. But in no case shall the tax for such purposes exceed in one year the amount of the levy allowed by law on the taxable property of the county. (See note.) (Laws 1909, ch. 211, sec. 1.) NOTE. Limited to seven and one-half tenths of one mill by Laws 1920, ch. 52, sec. 5 (section 430 of this book). 430. Levy Limited. That section 11364 of the General Statutes of Kansas for 1915 be and the same is hereby amended to read as follows : Sec. 11364. For the purpose of maintain- ing the county high school provided for by chapter 147, Laws of 1886, the board of trustees shall not levy to exceed seven and one-half tenths of one mill on the assessed valuation of the county. (Laws 1920, ch. 52. sec. 5.) 431. Levy Limited; Exceptions. That section 1 of chap- ter 288 of the Laws of 1917 be and the same is hereby amended to read as follows : Section 1. For the purpose of maintaining county high schools provided for by chapter 147, Laws of 1886, or any special act now in force, the board of trustees shall not levy to exceed one and three and one-half tenths mill on the assessed valuation of the county : Provided, This act shall not apply to counties having a valuation in excess of forty-five million dollars: Provided, That this act shall not apply to counties having high schools which were established after 1906. (Laws 1920, ch. 52, sec. 6.) 432. Limit of Levy in Certain Counties. For the purpose of building and maintaining county high schools provided for 122. The county superintendent can not legally be allowed any addi- tional compensation for services as a member of the county-high-school board except where his salary is on a per diem basis. 152 COUNTY HIGH SCHOOLS. [CH. 15 by chapter 147, Laws of 1886, the board of trustees shall not levy to exceed three mills on the assessed valuation of the county: Provided, This act shall not apply to counties having a valuation of more than fifteen million dollars. (Laws 1917 ch. 327, sec. 1.) 433. Petition. The board of county commissioners of each county are hereby given authority to levy annually not to exceed three mills upon the assessed valuation of the county for the purpose of building and maintaining county high schools provided for by chapter 147, Laws of 1886 : Provided, This sec- tion shall not apply to counties having a valuation in excess of fifteen million dollars : Provided, That the levies provided for in sections 1 and 2 of this act shall not be made except on the presentation of a petition signed by at least 51 per cent of the qualified electors of the district affected hereby. (Laws 1917, ch. 327, sec. 2.) 434. Taxes Levied and Collected. [9293] Said rate of tax shall be certified to the county clerk of the county in which said county high school is situated, by the president and sec- retary of said board of trustees, and the said county clerk is hereby authorized and required to place the same on the tax- rolls of the county, and said tax shall be collected in the same manner as other county taxes, and when collected the county treasurer shall pay the same to the treasurer of the county high school in the same manner that school funds are paid to the district treasurers as required by law. (Laws 1909, ch. 211, sec. 2.) 435. Duties of Treasurer and Secretary. [9294] The said treasurer of the high school shall receive from the county treasurer, and from other parties, all moneys that belong to the funds of said school, and shall pay out the same only by direction of the board of trustees, upon orders duly signed by the president and countersigned by the secretary, stating the purpose for which they were drawn. Both the secretary and treasurer shall keep an accurate account of all moneys re- ceived and expended for said school, and at the close of each year, or oftener if required by the board of trustees, they shall make a full statement of the financial affairs of the school. (Laws 1886, ch. 147, sec. 8.) 436. Site and Buildings. [9295] The said board of trus- tees shall proceed, as soon as practicable after the appoint- ment as aforesaid, to select, at the place determined by the vote of the county, the best site that can be obtained without ex- pense to the county, and the title thereof shall be vested in the said county ; they shall then proceed to make purchases of ma- terial, and to let such contracts for their necessary school build- ings as they may deem proper, but shall not make any purchase or contract in any year to exceed the amount on hand, and to be raised by the levy of tax for that year. The board of trustees, CH. 15] COUNTY HIGH SCHOOLS. 153 at their discretion, may lease suitable buildings for the use of the high school while new buildings are in process of erection, the rent to be paid by the fund created by the levy for high- school purposes. (Laws 1886, ch. 147, sec. 9.) 437. Bonds for County High-school- Building. That sec- tion 1 of chapter 282 of the Session Laws of Kansas for 1917 be and the same is hereby amended to read as follows: Sec- tion 1. That any county in which a county high school has heretofore been, or may hereafter be, established under the authority of the provisions of chapter 147 of the Laws of Kansas for 1886, and all acts amendatory thereof and supple- mentary thereto, or any county in which a county high school has heretofore been established by authority of any special law, shall have authority to issue bonds of the county for the pur- pose of purchasing a site and erecting, equipping and furnish- ing buildings for such high school, or to erect additional build- ings or additions to high-school buildings, when the buddings of any such high school shall become inadequate or insufficient for the needs of such school, in the manner as herein provided. (Laws 1919, ch. 268, sec. 1.) 438. Bond Election. That section 2 of chapter 282 of the Session Laws of Kansas for 1917 be and the same is hereby amended to read as follows : Sec. 2. Whenever one-third of the number of electors, as shown by the vote for secretary of state at the next preceding election in any county having a county high school organized under the provisions of said chapter 147 of the Laws of Kansas for 1886, and all acts supplemental and amendatory thereof, or under the provisions of any special law, shall netition the board of county commissioners of such county to call an election for the purpose of voting bonds for the pur- chase of a site and the erection, equipping and furnishing of buildings, or to build additions to buildings, or to erect addi- tional buildings for such county high school, at the place named in said petition, the said board shall cause a twenty-day notice previous to the next general election, or previous to a special election called for the purpose, that they will submit to the electors of said county the question of issuing bonds of the county in an amount not exceeding the amount named in the petition and for the purpose therein stated. At said election the electors of the county shall vote by ballot for or against the issuance of such bonds, and the notice of such election shall be given as are all leeal notices of general or special elections. And the ballots shall be canvassed and other proceedings had in the s^me manner as is provided in the case of elections for the establishment of such county hiprh schools under the provisions of chapter 147 of the Laws of Kansas for 1886, and the acts supplemental and amendatorv thereof, or under the provisions of any special law. If a maiority -of all votes cast upon the question of issuing bonds as aforesaid shall be in favor of the 154 COUNTY HIGH SCHOOLS. [CH. 15 issuance of such bonds, the county commissioners shall issue and deliver to the board of trustees of such county high school, such bonds or such portion thereof as may be necessary to pay for the purchase of such site and erection, equipping and fur- nishing of such buildings, or for the building of additions or additional buildings in accordance with contracts that may be entered into by said trustees under the provisions and authority of said chapter 147 of the Laws of 1886, and acts supplemental and amendatory thereto, or under authority of any special law by virtue of which any county high school has heretofore been organized. (Laws 1919, ch. 268, sec. 2.) 439. Election for Establishing a County High School and Voting Bonds for Building. In case any county not having a county high school, but in which an election may hereafter be held to vote upon the question of establishing a county high school under the said chapter 147 of the Laws of 1886 and acts supplemental and amendatory thereto, the question of issuing bonds for the purposes named in section one of this act may be submitted by the board of county commissioners at the same election and upon the same ballot as the question of establish- ing said county high school : Provided, That the notice of elec- tion state that the question of issuing bonds, as provided in section two hereof, shall be submitted at said election. If the petition requesting the election for the purpose of voting upon the question of establishing said high school or a separate petition, signed by an equal number of electors, shall request that the question of issuing bonds be also submitted at said election, it shall be the duty of the county commissioners to submit such question at the same election as the question in regard to establishing said high school. (Laws 1917, ch. 282, sec. 3.) 440. Limit of Bonds. No bonds provided for by this act shall be issued in an amount in excess of one per cent of the total assessed valuation of the property within the county. Such bonds shall be in denominations of not over one thousand dollars and not less than five hundred dollars, and shall not run for a term of more than twenty years, and shall draw interest not in excess of six per cent. Said bonds may be issued in addi- tion to all other bonds of the county. (Laws 1917, ch. 282, sec. 4.) 441. Annual Levy for Interest and Sinking Fund. The board of trustees shall levy a tax in each year not exceeding two mills on the dollar on the assessed valuation of all the property in the county to be used for the purpose of paying the interest on such bonds and the creation of a sinking fund for the payment of the principal thereof. (Laws 1917, ch. 282, sec. 5.) 442. Act Applies to Certain Counties. This act shall not apply to counties having a population of more than eight thou- CH. 15] COUNTY HIGH SCHOOLS. 155 sand, nor to any county having a city of more than one thou- sand population. (Laws 1917, ch, 282, sec. 6.) 443. Employment of Principal and Teachers. [9296] When such board of trustees shall have finished a building for said school, they shall employ some suitable person, who shall take charge of the same and teach in the same, and shall be known as the principal of such school; and the trustees shall furnish such assistant teachers as they deem necessary, and shall provide for their salaries. (Laws 1886, ch. 147, sec. 10.) 444. Courses of Instruction. [9297] There shall be pro- vided three courses of instruction, each requiring four years' study 123 for completion, namely, a general course, a normal course, and a collegiate course. The general course shall be designed for those who can not continue school life after leaving said high school. The normal course shall be designed for those who intend to become teachers, and shall fully prepare any who wish to enter the first year of profes- sional work at the State Normal School. The collegiate course shall fully prepare those who wish to enter the freshman class of the college of liberal arts and sciences of the State Uni- versity, or of the State Agricultural College, or of any other institution of higher learning in this state. Whenever prac- ticable, students in these courses shall recite in the same classes. Students in the last year of the normal course may be employed for a portion of their time in teaching the pupils of the first year in any course, and model schools shall be en- couraged. (Laws 1905, ch. 389, sec. 1.) 445. Tuition and Admission. [9298] Tuition shall be free to all pupils residing in the county where the school is located. The board of trustees shall make such general rules and regula- tions as they may deem proper in regard to age and grade of attainments essential to entitle pupils to admission to such school: Provided, That no person shall be admitted to such high school who shall not have passed a satisfactory ex- amination in all the work of the district schools of the county in which such high school is situated. If there should be more applicants than can be accommodated at any one time, each district shall be entitled to send its equal proportion of pupils, according to the number of pupils it may have, as shown by the last report to the county superintendent of public instruc- tion; and the boards of the respective school districts shall designate such pupils as may attend, subject to the proviso above. (Laws 1886, ch. 147, sec. 12.) 446. Nonresident Pupils. [9299] If at any time the school can accommodate more pupils than ap'ply for admission from that county in which the school is situated, the vacancies may be filled by applicants from other counties, upon the payment 123. Does not apply to Reno county high school. (Laws 1905, ch. 457.) 156 COUNTY HIGH SCHOOLS. [CH. 15 of such tuition as the board of trustees may prescribe, but at no time shall such pupils continue in such school to the exclusion of pupils residing in the county in which such school is situ- ated. (Laws 1886, ch. 147, sec. 13.) 447. Rules and Regulations. [9300] The principal of any such high school, with the approval of the board of trustees, shall make such rules and regulations as he may deem proper in regard to the studies, conduct and government of the pupils under his charge while they shall continue to be enrolled at such school; and if any such pupil will not conform to nor obey the rules of the school, they may be suspended therefrom temporarily by the principal, and may be expelled by the board of trustees. (Laws 1907, ch. 335, sec. 1.) 448. Report of Trustees. [9302] The board of trustees shall annually make a report to the county commissioners, which shall specify the number of students attending the high school during the year, their sex, and the branches taught, the text-books used, the number of teachers employed, the salaries paid, the amounts expended respectively for library, appa- ratus, buildings, and for all other purposes; also the amount of funds on hand, the debts unpaid, if any ; the amounts due, if any ; and all other information deemed important or expedient to report. Said report shall be printed in at least one news- paper of the county, if any is published therein, and a copy o1 the report shall be forwarded to the state superintendent of public instruction. (Laws 1886, ch. 147, sec. 16.) 449. Vacancies in Board of Trustees. [9303] The county commissioners shall have power to fill any vacancies that may occur in the board of trustees for that county, by appointment until the next general election. (Laws 1886, ch. 147, sec. 17.) 450. Compensation of Trustees. [9304] The county boarc of county-high-school trustees shall allow to each member thereof the sum of three dollars per day for the time ac tually and necessarily employed in the discharge of his officia duties, and in addition thereto the sum of five cents per mile necessarily traveled in attending meetings of the board, and when such accounts are presented for payment they shall be audited and paid out of the county-high-school fund in th< same manner as other accounts against said board. Said trustees shall not be allowed any other remuneration for serv- ices or expenses. (Laws 1907, ch. 334, sec. 1.) CH. 15] COUNTY HIGH SCHOOLS. 157 ARTICLE III. County High Schools in Counties Having a Population of Less Than 6,000. 451. May be established at county seats. ! 456. Petition or election. 4.52. Course of study. 453. Privileges of graduates. 454. Ma} 1 employ teachers. 455. Free to pupils in the county. 457. Bonds may be issued. 458. Bond election. 459. Issuance of bonds. 460. Illegal use of proceeds. i 451. May Establish at County Seat. [9305] That the county commissioners of any county of Kansas having a pop- ulation of less than 6,000 be and they are hereby authorized to negotiate with the school district or school districts at the county seat of such county for the establishment of a county high school : Provided, That on the presentation of a petition signed by a majority of the electors of any such county, as shown by the returns of the last preceding general election, the county commissioners shall call an election for the purpose of determining whether they shall make such contract as afore- said; and if at such election a majority of the votes cast shall be in favor of making said contract, then and in that case it shall be the duty of such commissioners to make such contract. (Laws 1903, ch. 433, sec. 1.) 452. Course of Study. [9306] Such county high schools when established shall adopt a course of study to be prescribed by the State Board of Education. (Laws 1897, ch. 180, sec. 2.) 453. Privileges of Graduation. [9307] Upon the presen- tation of a certificate of graduation from any such county high school, within one year from the date of the same, to any state institution of learning, the person presenting the same may be admitted without further examination to said institu- tion of learning. (Laws 1897, ch. 180, sec. 3.) 454. May Employ Teachers. [9308] For the purpose of carrying this act into effect, the boards of county commission- ers in such counties may employ such number of teachers in addition to those regularly employed by the district at the county seat as shall in their judgment be necessary for the purpose of conducting such schools, and pay such teachers from the general fund of the county. (Laws 1897, ch. 180, sec. 4.) 455. Free to Pupils in the County. [9309] Such county high school shall be free to all persons of school age in their respective counties. (Laws 1897, ch. 180, sec. 5.) 456. Petition or Election. 124 [9310] No county high school as herein provided for shall be established except upon a petition signed by a majority of the electors of the county or pursuant to an election held in such county for the purpose of voting upon the question of establishing such county high schools. (Laws 1897, ch. 180, sec. 6.) 124. See section 451 of this book. 158 COUNTY HIGH SCHOOLS. . [CH. 15 457. Bonds May be Issued. [9311] That any county which has established a county high school under the provi- sions of chapter 180, Session Laws of 1897, as amended by chapter 433, Session Laws of 1903, is hereby authorized and empowered to issue and sell bonds of the county for the pur- pose of erecting, furnishing and equipping a building for the use of the county high school of the county : Provided, That no bonds shall be issued as provided for in this section until the same has been submitted to the electors of the county at a gen- eral election, or at a special election called for that purpose, and a majority of the voters voting upon the proposition shall have voted in favor of the same : Provided, That the provisions of this act shall not be construed as applying to any county in which is located a city of the first class. (Laws 1907, ch. 332, sec. 1.) 458. Bond Election. [9312] When a petition signed by twenty-five per cent of the legal voters of the county, as shown by the latest official poll of the county, shall have been presented to the board of county commissioners of the county, asking that the question of issue of the bonds for the purpose named in this act be submitted to a vote of the people, it shall become the duty and is hereby made the duty of the board of county commissioners to make provisions to submit the ques- tion to a vote of the people : Provided, That if a general election is to be held within six months after the receipt of the petition, the board of county commissioners shall submit the question at the. next general election, otherwise, the board of county commissioners shall call a special election for this purpose, by giving not less than thirty days' notice by publication in not less than four issues of a newspaper of general circulation in the county. (Laws 1907, ch. 332, sec. 2.) 459. Issuance of Bonds. [9313] The bonds issued by authority of this act shall not exceed in any county in amount twenty thousand dollars, in denominations of not less than one hundred dollars nor more than one thousand dollars, and shall .bear not more than five per cent interest, payable semi- annually, as shown by coupons attached, and shall mature not later than twenty years from the date thereof. The bonds herein provided for shall recite that they are issued in pur- suance of the provisions of this act. (Laws 1907, ch. 332, sec. 3.) 460. Illegal Use of Proceeds. [9314] It shall be unlawful for the board of county commissioners or any other person or persons to use or appropriate any of the proceeds of the bonds herein provided for any other purpose than that prescribed in this act. (Laws 1907, ch. 332, sec. 4.) CH. 15] COUNTY HIGH SCHOOLS. 159 ARTICLE IV. County Aid in Counties Having a Population of Less Than 10,000. 461. Aid by county commissioners. 462. Course of study. 463. Free tuition; entrance cei'tificate. 464. Supervision. 465. Petition. 4G6. Levy; limitation. 467. Collection and use of funds. 468. Duty of county treasurer. 469. Report of principal. 470. Petition; levy. 471. Duty of county superintendent. 472. County exempt. 461. Aid by County Commissioners. [9334] That the county superintendent and county commissioners of any county in Kansas having a population of less than 10,000 inhabitants are hereby authorized to make provision for aid to a certain high school or high schools in such county, and to provide for the support of the same as hereinafter prescribed. (Laws 1911, ch. 263, sec. 1.) 462. Course of Study. [9335] Such high schools, when aided, shall adopt a course of study to be prescribed by the State Board of Education. (Laws 1911, ch. 263, sec. 2.) 463. Free Tuition; Entrance Certificate. [9336] Such high schools shall be free to all persons of school age who are actual residents of the respective counties: Provided, That such person shall present to the principal of the high school an entrance certificate, signed by the county superintendent of public instruction, certifying that he has completed the course of study prescribed by the State Board of Education for the public schools below the high school. (Laws 1911, ch. 263, sec. 3.) 464. Supervision. [9337] Such high schools when aided shall be under the supervision and control of the county super- intendent and district board or board of education of the dis- trict or city in which the school is located. (Laws 1911, ch. 263, sec. 4.) 465. Petition. That section 9338 of the General Statutes of Kansas of 1915 is amended to read as follows : Sec. 9338. No high school as herein provided for shall be eligible for such aid except upon a petition to the county superintendent and county commissioners of the county in which such school or schools are sought to be aided, signed by a majority of the school electors of the county in which the school is sought to be aided : Provided, That in counties having a population of less than 2,000, and where only one high school located at the county seat is receiving aid under the provisions of chapter 263 of the Session Laws of 1911, or the provisions of said chapter as amended, then in the event such county seat is relocated as provided by law the aid hereinbefore provided may be ex- tended by the board of county commissioners and the county superintendent to the high school of the district to which the county seat is relocated without the necessity of a petition as 160 COUNTY HIGH SCHOOLS. [CH. 15 hereinbefore provided for : And provided further, That there- after no aid shall be extended to the high school in the district from which the county seat is removed, unless there be a peti- tion presented to the county commissioners and county super- intendent signed by a majority of the school electors of said county asking that such aid be given to the high school of the district from which the county seat has been removed. (Laws 1919, ch. 267, sec. 1.) 466. Levy; Limitation. That section 9339 of the General Statutes of 1915 be amended so as to read as follows: Sec. 9339. For the purpose of carrying this act into effect, the board of county commissioners in such county shall annually levy such tax only as may be necessary, not to exceed one and one-half mills on the dollar of the assessed valuation of the taxable property in counties having a population of 3,000 inhabitants or less, and not to exceed one-half mill on the dol- lar of the assessed valuation of the taxable property in counties having a population of more than 3,000 inhabitants : Provided, That in counties having a population of less than 2,000 inhabit- ants, such levy shall not be less than one-half mill on the dollar of assessed valuation of the property of the county. (Laws 1917, ch. 286, sec. 1.) 467. Collection and Use of Funds. [9340] Said tax shall be levied and collected in the same manner as other county taxes, but no part of such general school fund shall ever be used for other than high-school purposes. (Laws 1911, ch. 263, sec. 7.) 468. Duty of County Treasurer. [9341] The county treasurer shall pay to the treasurer of the school district or districts maintaining such high schools such sums of money as the county superintendent shall certify to be necessary and proper for each of said districts respectively. (Laws 1911, ch. 263, sec. 8.) 469. Report of Principal. [9342] It shall be the duty of the principal of each of such high schools, at the expiration of the school year, to make a report to the county superintend- ent showing the total enrollment in such high school or high schools and the number of months attended by each pupil, and to furnish such other reports as the county superintendent may require, and his last month's salary shall not be due until such reports shall have been duly made. (Laws 1911, ch. 263, sec. 9.) 470. Petition; Levy. [9343] If, upon the presentation of a petition addressed to the county commissioners of any county by a majority of the school electors of such county, asking that certain aid be extended to a certain school district or school districts therein, as provided for herein, and said county super- intendent and county commissioners decide to provide the aid CH. 15] COUNTY HIGH SCHOOLS. 161 petitioned for, said board of county commissioners shall, at the regular meeting held by it on the first Monday in August there- after, levy such tax on the taxable property of the entire county sufficient to raise the amount necessary to aid such dis- trict or districts as said county superintendent and said board of commissioners believe proper. (Laws 1911, ch. 263, sec. 10.) 471. Duty of County Superintendent. [9344] It shall be the duty of the county superintendent to certify to the county commissioners and to the county treasurer, on or before the 1st day of July in each year, the amount of money necessary to aid the district or districts maintaining high schools under the provisions of this act, for the year ending on the 30th day of June preceding, and the county commissioners shall there- upon make such a levy only, within the limitations herein pre- scribed, as may be necessary to produce the amount of aid herein provided for such high school or high schools, within their respective counties. (Laws 1911, ch. 263, sec. 11.) 472. Counties Exempt. [9345] Counties maintaining a county high school and counties having high schools in opera- tion under the provisions of chapter 397 of the Laws of 1905, or the provisions of said chapter as amended, shall be exempt from the provisions of this act. (Laws 1911. ch. 263, sec. 12.) ARTICLE V. County High Schools Established by Special Act. 473. May come under general county high- school law. 474. County tax for buildings. 473. May Come under General County High-school Law. [9316] Whenever any school district in which is located a county high school operating under the provisions and by the authority of any special act of the legislature of the state of Kansas, shall by a vote of a majority of the qualified electors present at any general or special school meeting, regularly called as provided by law, offer to transfer to the county all buildings, desks, chairs, stoves and other equipment used in carrying on said high school and signify their willingness to have the said county high school come under and be operated and maintained by the provisions of the general county high- school law of the state of Kansas and the district clerk of said school district shall have filed a certified copy of the minutes of said meeting with the county clerk of the county wherein said high school is located, upon a petition in writing signed by at least 25 per cent of the qualified electors of the county being presented to the board of county commissioners of said county, the board of county commissioners shall call a special election for the purpose of voting upon the question of accept- ing the offer of said school district and placing said county high school under the control of the general county high-school laws of the state of Kansas, and if a majority of all the votes cast 6 School Laws 2728 162 COUNTY HIGH SCHOOLS. [CH. 15 shall be in favor thereof, said property offered to be trans- ferred by said school district to the county shall thereby be- come the property of the county to be used for county high- school purposes and the said county high school shall come under the control and be operated and maintained in all re- spects in accordance with the provisions of the general county high-school laws of the state of Kansas. (Laws 1915, ch. 313, sec. 1.) 474. County Tax for Buildings. [9318] In any county in the state of Kansas not exceeding 4,800 in population in which a county high school has been established by special act of the legislature the county commissioners, upon a petition signed by one-fourth of the legal electors of said county as shown by the poll books of the last preceding general election, shall submit to the voters of said county the following proposition: Shall the county commissioners levy a tax for the purpose of build- ing and furnishing a building for the county high school at (inserting the name of the location of said school) ? The said proposition may be voted on at any general election or at a special election called for this purpose by the county com- missioners, notice of which election shall be given as provided by law. If said proposition shall be favored by a majority of those voting thereon, the county commissioners shall levy an- nually for a period of not more than four years a tax not ex- ceeding four mills on the dollar of all the taxable property in said county; and said taxes shall be levied, entered upon the tax roll, and collected in the same manner as other taxes, and the funds so provided shall be used for the purpose of building and furnishing a building for the county high school of said county and any surplus shall be turned into the general county high-school fund. All payments authorized by the provisions of this act shall be made in the manner provided by law for paying the other expenses of said county high school. (Laws 1915, ch. 318, sec. 1.) ARTICLE VI. High Schools in Certain Counties. 482. Free high-school education. 483. Management vested in board ef edu- cation. 484. Extent of supervisory powers of trustees. 4S5. Participating schools parts of county high school. 475. Levy. 476. Apportionment. 477. Trustees make levy. 478. Trustees distribute fund; method. 479. Penalty for failure to keep standard. 480. Any school- providing and maintain- ing standard entitled to benefit. 481. Board of education to make appro- priation. 475. Levy. That in every county in this state having a county high school located in the county seat and said county seat being a city of the second class, and in which said county there are, including joint districts, at least seven other high schools maintaining a university preparatory high school course approved by the State Board of Education, a general county tax for the aid of all such high schools shall be levied CH. 15] COUNTY HIGH SCHOOLS. 163 each year in such county and apportioned and distributed as provided for by this act. (Laws 1919, ch. 276, sec. 1.) 476. Apportionment. All funds raised by any future levy in each such county for the support of county high school shall be apportioned among all school districts maintaining high schools referred to in section 1 of this act for the support of such high schools. (Laws 1919, ch. 276, sec. 2.) 477. Trustees Make Levy. The county high-school trus- tees shall each year on or before the last Thursday in July make an estimate of the amount which in their judgment should be raised for the purposes described in this act, and re- port said amount to the county clerk, who shall thereupon make a levy sufficient to raise the same upon all of the taxable prop- erty within such county : Provided, That such levy shall not exceed the rate of five-tenths of a mill upon the dollar for valu- ation. (Laws 1919, ch. 276, sec. 3.) 478. Trustees Distribute Fund ; Method. The county high- school trustees shall cause all funds to be raised from such levies, except the amount necessary to pay their salaries and expenses, to be distributed among all of the school districts maintaining such high schools referred to in section 1 of this act, for the support of such high schools only, and to the county high-school fund of the city in which the county high school is located, in proportion to the average daily attendance of pupils actually resident in said county taking regular courses above the eighth grade in such high schools during the year previous to such apportionment. For the purpose of such distribution the attendance of a pupil for one day in such high school, of the highest class as fixed by the rules of the State Board of Education, shall be 100 per cent of a day, and of the next lower class 90 per cent, and in the second lower class 80 per cent, and in the third or any other lower class 70 per cent of a day. The fact that any school district or city, or the city in which the county high school is located, may divide its high school into senior and junior or other like divisions shall not, of itself, affect the proportion of funds that such district or city shall receive under this act. (Laws 1919, ch. 276, sec. 4.) 479. Penalty ,for Failure to Keep Standard. Should any district fail to keep its high school standard up to the standard referred to in this act, such district shall cease to participate in the distribution of said funds for any year in which such failure exists. (Laws 1919, ch. 276, sec. 5.) 480. Any^School Providing and Maintaining Standard En- titled to Benefit. Any school district in such county, and joint districts, that shall in the future provide and maintain a high school of the standard referred to in this act shall be entitled to participate in the distribution of the funds raised from the levy provided in this act beginning with the year next follow- 164 BARNES HIGH SCHOOLS. [CH. 15 ing that in which the standard of such school is so established. (Laws 1919, ch. 276, sec. 6.) 481. Board of Education to Make Appropriation. The board of education of the city in which is located the county high school shall appropriate to the support of such county high school an amount equal to or greater than the propor- tion of county high-school funds apportioned to the support of such county high school under the levy referred to in section 3 of this act, and board of education is hereby authorized to make any levy necessary for that purpose. (Laws 1919, ch. 276, sec. 7.) 482. Free High-school Education. All districts participat- ing in the apportionment of county high-school funds as pro- vided in this act, shall offer and furnish free high-school edu- cation to all persons of school age residing in such county. (Laws 1919, ch. 276, sec. 8.) 483. Management Vested in Board of Education. The board of education of the city in which is located the county high school shall have the management of such county high school. (Laws 1919, ch. 276, sec. 9.) 484. Extent of Supervisory Powers of Trustees. The county high-school trustees shall have full supervisory powers over all of the high schools of such county to the extent of re- quiring that all funds appropriated to such high schools under the provisions of this act are properly used for the purposes set forth in this act. (Laws 1919, ch. 276, sec. 10.) 485. Participating Schools Parts of County High School. For the purpose of this act, in making levy and collection of taxes and distribution of funds, all high schools participating therein shall be considered portions of the county high school, but nothing in this section shall affect the distribution of funds or control of schools as provided in this act. (Laws 1919, ch. 276, sec. 11.) ARTICLE VII. Barnes High Schools. 486. County tax for high schools. 487. Levy, limitation. 488. Levy, limitation and exception. 489. Additional limitation of levy and ex- ceptions in certain counties. 490. Additional levy to pay indebtedness. 491. Levy made, when. 492. Funds collected. 493. Amount of tax determined by num- ber of teachers certified to county commissioners by county superin- tendent. 494. Distribution of funds. 495. Apportionment in joint districts. 496. Additional support. 497. Report of principal. 498. Tuition free; paid in adjoining county. 499. Courses of study. 500. Some cities and counties exempt. 501. When in force. 502. "Barnes" law in effect in certain counties. 503. County treasurer to pay taxes col- lected. 504. Penalty, county treasurer not paying over money. 486. County Tax for High Schools. That section 9320 of the General Statutes of Kansas for 1915 be and the same is hereby amended to read as follows: Sec. 9320. In every county in the state of Kansas in which one or more school dis- tricts or cities of less than sixteen thousand inhabitants shall CH. 15] BARNES HIGH SCHOOLS. 165 have maintained high schools with courses of instruction ad- mitting those who complete the same to the freshman class of the college of liberal arts and sciences of the University of Kansas, the county commissioners shall levy a tax each year of not less than one-fourth of a mill nor more than four and one-half mills on the dollar of the assessed valuation of the taxable property within such counties for the purpose of creating a general high-school fund : Provided, That in coun- ties of less than 4,000 inhabitants and in which there is only one high school operating under the provisions of this act, the county commissioners of such county may levy three-fourths mill for the purpose of aiding such high schools in the con- struction, maintenance and up-keep of such high-school build- ings. (Laws 1920, ch. 52, sec. 10.) 487. Levy; General Limitation. That section 11365 of the General Statutes of Kansas for 1915, as amended by chap- ter 288, Session Laws of 1917, be and the same is hereby amended to read as follows: Sec. 11365. The authority of the board of county commissioners of each county, as provided in chapter 397 of the Session Laws of 1905, to levy annually a tax by means of which to raise the necessary funds for the support of the high schools provided for by said chapter 397 of the Laws of 1905, is hereby limited so that the said board shall not levy in excess of seven and one-half tenths of one mill upon the dollar upon all taxable property. (Laws 1920, ch. 52, sec. 2.) 488. Limitation of Levy in Certain Counties. That sec- tion 2 of chapter 288 of the Laws of 1917 be and the same is hereby amended to read as follows : Sec. 2. The authority of the board of county commissioners of each county, as provided in chapter 397 of the Session Laws of 1905, to levy annually a tax by means of which is raised the necessary funds for the sup- port of the high schools provided for by said chapter 397 of the Session Laws of 1905, is hereby limited so that the said board shall not levy in excess of one and three and one-half tenths mill upon all taxable property: Provided, That this section shall not apply to counties having a valuation in excess of forty-five million dollars. (Laws 1920, ch. 52, sec. 4.) 489. Additional Limitation of Levy and Exceptions in Certain Counties. That section 1 of chapter 285 of the Laws of 1917 be and the same is hereby amended to read as follows: Section 1. That the authority of the board of county commis- sioners of each county, as provided in chapter 397 of the Ses- sion Laws of 1905, to levy annually a tax by means of which is raised the necessary funds for the support of the high schools provided for by said chapter 397 of the Session Laws of 1905, is hereby amended so that the board shall not levy in excess of one and three and one-half tenths of a mill upon all taxable property in the county, or in that part of the county 166 BARNES HIGH SCHOOLS. CH. 15] subject to taxation for the support of high schools established pursuant to sections 9320, 9321, 9322, 9323, 9324, 9325, 9326, 9327, 9328 and 9329 of the General Statutes of Kansas for 1915: Provided, That this act shall not apply to counties having a valuation in excess of twenty-eight million dollars, except such counties or parts of counties as have a population in excess of 25,000 and as support eight or more high schools established pursuant to said sections 9320, 9321, 9322, 9323, 9324, 9325, 9326, 9327, 9328 and 9329. (Laws 1920, ch. 52, sec. 3.) 490. Additional Levy to Pay Indebtedness. That in any county in the state of Kansas in which one or more high schools have been established pursuant to sections 9320, 9321, 9322, 9323, 9324, 9325, 9326, 9327, 9328 and 9329 of the Gen- eral Statutes of Kanass for 1915, in which there shall be an accrued, indebtedness contracted in the legitimate conduct of such school or schools, which indebtedness exists at the time of the passage of this act, it shall be incumbent upon the county commissioners of such county to levy not exceeding four- tenths mill upon the assessed valuation of the county or part thereof subject to taxation for the benefit of such school or schools, the money so derived to be used in the payment of such indebtedness : Provided, That the county superintendent of public instruction shall first ascertain the aggregate of such indebtedness and communicate the same to the county com- missioners, which aggregate sum shall be the basis upon which the levy required is computed, and the levy so made shall be, as near as can be approximately estimated, adequate to raise a sum sufficient to discharge such indebtedness and no more : Provided further, That any moneys derived from this source remaining in the treasury after all such indebtedness has been paid, as provided in this act, shall become the prop- erty of the general fund for the support and maintenance of the school or schools in such county established pursuant to sections 9320, 9321, 9322, 9323, 9324, 9325, 9326, 9327, 9328 and 9329 of the General Statutes of Kansas for 1915, as before mentioned. (Laws 1917, ch. 287, sec. 1.) 491. Levy Made, When. [9321] The first levy shall be made when the result of the election or petition is determined, and a similar levy shall be made each year thereafter: Pro- vided, No levy shall be made until one or more such high schools shall have been maintained in the county the preced- ing school year. (Laws 1905, ch. 397, sec. 2.) 492. Funds Collected. [9322] Said tax shall be levied and collected in the same manner as other county taxes, and, when collected, the county treasurer shall pay the same to the treas- urers of the school districts maintaining high schools accord- ing to the provisions of this act, as required by law, but no part of said general high-school fund shall ever be used for CH. 15] BARNES HIGH SCHOOLS. 167 other than high-school purposes. 125 (Laws 1905, ch. 397, sec. 3.) 493. Amount of Tax Determined by Number of Teachers Certified to County Commissioners by County Superintendent. Section 9325 of the General Statutes of 1915 is hereby amended so as to read as follows : Sec. 9325. It shall be the duty of the county superintendent of public instruction on or before the twenty-fifth day of July in each year to certify to the board of county commissioners the number of teachers employed in the several high schools complying with the provisions of this act in the county during the year ending on the thirtieth day of June preceding, counting, for the purpose of this act, each superintendent and each principal as one teacher, and the county commissioners shall levy a tax, not in excess of the limit prescribed for this purpose -by law, which levy shall be sufficient to produce an amount equal to $800 multiplied by the number of teachers employed during the preceding year in the high schools complying with the provisions of this act, which number shall have been determined and certified by the county superintendent as herein provided; and in case the county commissioners shall fail to make such levy, then the county superintendent of public instruction shall make a suitable levy and shall certify the same to the county clerk, who shall enter upon the tax rolls the levy so made by the county superintend- ent. (Laws 1917, ch. 281, sec. 1.) 494. Distribution of Funds. That section 1 of chapter 265 of the Session Laws of Kansas for 1919 is amended to read as follows : Section 1. That each high school entitled to participate in the funds produced by the tax provided for in section 1, chapter 281, Laws of 1917, shall receive eight hun- dred dollars, and the balance of said funds shall be appor- tioned among such high schools in proportion to the total num- ber of days of actual attendance of all pupils in the high schools of said city and districts during the school year immediately preceding said payment, which attendance of said pupils shall be certified to the county treasurer by the county superin- tendent of public instruction ; and said county treasurer shall pay such proportion of such fund to the respective treasurers of boards of education and school districts and rural high- school districts as are entitled to participate in said fund. (Laws 1920, ch. 54, sec. 1.) 495. Apportionment in Joint Districts. That section 4 of chapter 281 of the Laws of 1917 be amended so as to read as follows : Sec. 4. Whenever any high school to which this act shall apply shall be maintained in any joint school district or in any rural high-school district lying partly in two or more counties in each of which the provisions of chapter 397 of the 125. The high-school fund levied under this act cannot be used for the repair or erection of school buildings, except as provided in section 486. 168 BARNES HIGH SCHOOLS. [CH. 15 Laws of 1905 and amendments thereto shall be in force, the county superintendent having jurisdiction over such joint school districts, or the county superintendent of the county in which such rural high school is located, shall apportion the number of teachers employed in said high school to the several counties in which any part of said joint school district or said rural high-school district shall lie, in the proportion which the number of days of attendance in said high school of the pupils residing in each county shall bear to the total number of days of attendance in said high school during the school year pre- ceding the levy of the tax provided for in section 1 of this act, and said county superintendent shall report said appor- tionment to the county superintendents of the several counties in which any part of said joint school district or said rural high-school district shall lie, and said county superintendents shall certify the same to the county commissioners of their respective counties. Whenever any high school, meeting the requirements of chapter 397 of the Session Laws of 1905 and its amendments, shall be maintained in any joint school dis- trict or in any rural high-school district, any part of which district shall lie in any county in which the provisions of chap- ter 397 of the Laws of 1905 and amendments thereto ^shall be in force and part in a county in which said law is not in force, it shall be the duty of the county superintendent having juris- diction over said joint school district or rural high-school dis- trict to make an equitable apportionment of the teachers em- ployed based on the attendance of the pupils residing in the county in which said chapter 397 is in force, and he shall on or before July 25 in each year certify the same to the county superintendent of the county in which chapter 397 of the Laws of 1905 and the amendments thereto is in force, together, with a statement of the total number of days of actual attendance of pupils in such high school residing in such county during the school year immediately preceding, and said county super- intendent shall certify said number of teachers so apportioned to the board of commissioners of his county, and thereupon such number of teachers shall be included in the computation of the tax to be raised as provided in section 1 of chapter 281 of the Laws of 1917, and shall certify such attendance of pupils to the county treasurer of his county, who shall dis- burse the fund produced by the tax levied under the provisions of section 1 of chapter 281 of the Laws of 1917 to the treasurer of such joint school districts or rural high-school district in proportion as provided in sections 2 and 3 of the said chapter 281 of the Laws of 1917. (Laws 1919, ch. 266, sec. 1.) NOTE. Sections 2 and 3, ch. 281, Laws of 1917, repealed by ch. 265, Laws of 1919. Ch. 265, Laws of 1919, was repealed by ch. 54, Laws of 1920. 496. Additional Support. The board of education of any city, any school district, and any rural high-school district CH. 15] BARNES HIGH SCHOOLS. 169 board may levy a tax, within the limits prescribed by law, to supplement the funds produced by the county tax provided for in this act. (Laws 1917, ch. 281, sec. 5.) 497, Report of Principal. [9324] It shall be the duty of the principal of each such high school, at the expiration of the school year, to make a report, under oath, to the county super- intendent, showing the total enrollment and the daily attend- ance of each pupil, and the average daily attendance in high school for that year, and to furnish such other reports as the county superintendent may require, and his last month's sal- ary shall not be due until such reports shall have been duly made. (Laws 1905, .ch. 397, sec. 5.) 498. Courses of Study. [9327] At least two courses of in- struction shall be provided, each requiring four years' work, 126 namely, a college preparatory course, which shall fully prepare those who complete it to enter the freshman class of the college of liberal arts and sciences of the University of Kansas, and a general course, designed for those who do not intend to con- tinue school work beyond the high school. (Laws 1905, ch. 397, sec. 8.) 499. Tuition Free; Paid in Adjoining County. That sec- tion 9326 of the General Statutes of Kansas be amended to read as follows: Sec. 9326. That tuition shall be free in all such high schools to pupils residing in the county where such schools are located: Provided, That such pupils shall present to the high-school authorities an entrance certificate signed by the county superintendent of public instruction, certifying that such pupil has completed the course of study prescribed by the State Board of Education for the public schools below the high school; or who shall pass such entrance examination as the high-school authorities may require: And provided further, That wherever a community is remote from or is inconvenient of access to any high school operating organized under the pro- visions of this act, and there are not sufficient pupils of high- school advancement in such community to organize and main- tain another high school, the board of county commissioners shall, upon recommendation of the county superintendent of public instruction, pay the tuition, not exceeding $4 per month, for such pupils of high-school advancement in the nearest high school to such community, but within the county or in the county adjacent thereto: Provided further, That the county commissioners shall pay such tuition from the general fund of the county where such pupils reside. (Laws 1917, ch. 289, sec. 1.) 500. Some Cities and Counties Exempt. [9328] Cities having more than 16,000 inhabitants and counties having here- 126. Two courses of four years each must be maintained. The col- lege preparatory course must be approved by the State Board of Educa- tion. 170 BARNES HIGH SCHOOLS. [CH. 15 tof ore established county high schools or which may hereafter establish county high schools under the laws now in force shall be exempt from the operation of this act. (Laws 1905, ch. 397, sec. 9.) 501. When in Force. [9329] This act shall not be in force in any county until its provisions are adopted therein by a majority of the electors voting on said proposition. At the next general election after the passage of this amendment, the following proposition shall be submitted in each county, or part of county, in the state to which this law may apply, namely : "May the provisions of the high-school act of 1905, as amended by the Laws of 1907 and 1908, apply in this county?" The election shall be conducted and such proposition shall be voted on and the votes then canvassed and returns made in all respects as provided by law. Whenever -a majority of the voters voting on this proposition in any county, or part of any county, to which this law may apply, at such election shall be in favor of such proposition, the provisions of this act shall apply in such county from the time such result is ascertained. If the proposition fails to carry at the next general election, it may be submitted in each county, or part of county, in this state to which this law shall apply, upon petition to the board of county commissioners, signed by twenty-five per cent of the taxpayers of such county, or part of county, at any general election hereafter: Provided, That this law shall not be sub- mitted at the general election in 1908 in counties which have already adopted the provisions of the act to which this act is amendatory. (Laws 1908, ch. 69, sec. 2.) 502. "Barnes" Law in Effect in Certain Counties. [9330] That in all counties of this state in which high schools have been established and maintained for one year, and which said high schools have been established and maintained under the provisions of chapter 397 of the Laws of 1905, as amended by chapter 333 of the Laws of 1907 and chapter 69 of the Laws of 1908, by a majority of all the votes cast on said proposition, said chapter 397 of the Laws of 1905, as amended by chapter 333 of the Laws of 1907 and by chapter 69 of the Laws of 1908, shall be in full force and effect from and after the pub- lication of this act in all such counties without again submit- ting the question to a vote of the electors : Provided, however, This act shall not apply to counties where the proposition was resubmitted under chapter 69 of the Session Laws of 1908 and rejected. (Laws 1909, ch. 219, sec. 1.) NOTE. Published Feb. 20, 1909. 503. County Treasurer to Pay Taxes Collected. [9331] It shall be the duty of the county treasurer of every county in the state of Kansas to promptly pay over and distribute on demand all moneys now in his hands, or which may hereafter CH. 15] RURAL HIGH SCHOOLS. 171 come into his hands by reason of any tax levy made by any county, city, township or school district, to the treasurer of the city, township or school district, for the use and benefit of which it was collected, under the provisions of chapter 397 of the Laws of 1905, as amended by chapter 333 of the Laws of 1907 and by chapter 69 of the Laws of 1908. (Laws 1909, ch. 215, sec. 1.) 504. Penalty, County Treasurer Not Paying Over Money. [9332] Any county treasurer who shall violate the provisions of this act shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars. (Laws 1909, ch. 215, sec. 2.) ARTICLE VIII. Rural High-school Districts Township High Schools. 505. Authority to establish mral high 513. Authority of county superintendent; transfer of territory; governed by law for school districts. 514. Attachment of adjacent territory. 515. Course of study. 516. Admission of pupils. 517. Barnes law may apply. 518. Barnes law funds to be paid. 519. Township high schools. schools. 506. Petition; election. 507. Validating certain bonds. 508. Territory containing town or city. 509. Canvass of vote; election of high- school board. 510. Annual school meeting; tax levy. 511. District in two or more counties. 512. Powers of board; bonds; site. 505. Authority to Establish Rural High Schools. Section 9347 of the General Statutes of 1915 is hereby amended so as to read as follows : Sec. 9347. The legal electors residing in territory containing not less than sixteen square miles and comprising one or more townships or parts thereof shall have authority to form a rural high-school district, whose bound- aries shall have been approved by the county superintendent of public instruction of each county in which any part of such proposed district shall be situated, or by the state superin- tendent of public instruction in case the county superintend- ents of two or more counties shall fail to agree on the ap- proval of the boundaries of the proposed district, and to estab- lish, locate, and maintain therein a rural high school as herein- after provided. (Laws 1917, ch. 284, sec. 1.) 506. Petition; Election. Section 9348 of the General Stat- utes of 1915 is hereby amended so as to read as follows: Sec. 9348. Whenever a petition, signed by two-fifths of the legal electors residing in the territory of the proposed rural high-school district, to be determined by an enumeration taken for this purpose by any legal elector residing in said territory and by him certified under oath to the county commissioners, shall be presented to the board of county commissioners of the county in which lies the greatest portion of territory com- prising said district, reciting the boundaries of said proposed district and the approval thereof as provided in section 1 of this act, and requesting said board of county commissioners to call a special election to vote on establishing and locating a rural high school, and, if deemed necessary by the petitioners, to vote bonds for the purchase of a site and for the construe- 172 RURAL HIGH SCHOOLS. [CH. 15 tion of a high-school building, the proposed location and the amount of the bonds proposed to be stated in the petition, it shall be the duty of the board of county commissioners forth- with to call a special election in said proposed district to vote on establishing and locating a rural high school and to vote bonds for the purchase of a site and for the construction of a high-school building : Provided, That no vote on the issuing of bonds shall be taken unless the petition calling for said elec- tion shall state the purpose for which bonds are to be issued and the amount of such bonds. All elections held under the provisions of this act shall be governed by the general election laws of the state when not contrary to this act. Notice of all such elections shall be given at least twenty-one days prior to the date of such election by posting printed or typewritten notices on the door of each schoolhouse in the proposed district and by publishing the same twice in some newspaper published in each county in which the proposed district or any part of the proposed district lies, and such elections shall not be called of tener than once in every two years unless by petition of more than one-half the legal voters of said district presented to the proper county commissioners. The board of county commis- sioners calling the election shall appoint the judges and clerks of the election, and the boards of county commissioners of the counties in which said rural high-school district shall be situ- ated shall make appropriations from the county funds to pay the necessary expenses of said election, which shall be appor- tioned to the respective counties in proportion to the assessed valuation of the property in said rural high-school district which shall be in each of such counties : Provided, That if any rural high school shall heretofore have voted to organize un- der the provision of this section, and shall not have accumu- lated any property, nor incurred any expense or obligation, nor issued any bonds or other evidence of indebtedness, such rural high school may be disorganized upon a petition, notice, and election presented, given and held for the disorganization of such rural high school upon the same terms and provisions as are hereinbefore prescribed in this section for the estab- lishing and locating thereof, except that such petition shall pray, such notice shall declare and such election shall be held for the disorganization of said rural high school: Provided, That this shall not affect any district in which a suit has been brought concerning the organization, or issuance of bonds. (Laws 1917, ch. 284, sec. 2.) 507. Validating Certain Bonds. That whenever any rural high school district in this state embracing all or any portion of the territory of a single county, shall have heretofore issued bonds for the purchase of a site and the construction of a rural hifrh-school building, and shall have failed to give the proper publication notices required under the provisions of section 9348 of the General Statutes of Kansas for 1915, but shall have CM. 15] RURAL HIGH SCHOOLS. 173 proceeded with the issuance of said bonds and sold the same ; then, and in that event, the action of such rural high-school district, in all preliminary steps, is hereby declared to be legal and the said election held thereunder and bonds issued in ac- cordance therewith are declared to be legal and valid for all purposes. (Laws 1920, ch. 57, sec. 1.) 508. Territory Containing Town or City. Section 9349 of the General Statutes of 1915 is hereby amended so as to read as follows: Sec. 9349. If the territory comprising the pro- posed rural high-school district shall contain any incorporated town or city with a population of more than 500, the election provided for in section 2 of this act shall not be called unless petitions shall be presented to the county commissioners, signed by two-fifths of the legal electors residing in said town or city and by two-fifths of the legal electors residing in the territory of the proposed rural high-school district outside of said town or city ; and when such petitions shall be presented, the county commissioners shall call an election as provided in section 2 of this act, and the vote in said town or city and in the territory outside of said town or city shall be taken and counted separately; and a rural high-school district shall not be formed in territory containing any incorporated town or city with a population of more than 500 unless the proposition to form such a high-school district and to establish a high school therein shall be favored by a majority of those voting in said town or city and by a majority of those voting in the ter- ritory of the proposed rural high-school district outside of said town or city. (Laws 1917, ch. 284, sec. 3.) 509. Canvass of Vote; Election of High-school Board. [9350] On the Friday following the election held as provided in sections 2 and 3 of this act the board of county commission- ers shall canvass the vote and shall report the same to the county superintendent of public instruction. Upon receiving notice that a proposition to establish a rural high school has been adopted by a majority of those voting in an election held as provided in sections 2 and 3 of this act, the county superin- tendent of public instruction shall call a special meeting, notice of which shall be given as provided in section 2, to elect a rural high-school board which shall consist of a director, clerk, and treasurer ; and the persons elected shall serve respectively until the expiration of the terms of director, clerk, and treasurer of school districts, and thereafter rural high-school officers shall serve for a term of three years and until their successors are elected and qualified. (Laws 1915, ch. 311, sec. 4.) 510. Annual School Meeting; Tax Levy. That section 4 of chapter 284 of the Laws of 1917 be and the same is hereby amended to read as follows : Sec. 4. The annual school meeting for the election of officers shall be held at two o'clock p. m., on the day preceding the date of the annual meeting of school 174 RURAL HIGH SCHOOLS. [CH. 15 districts. 127 The high-school board of each rural high-school district shall meet annually on the third Monday in April at two o'clock p. m., at the high-school building or at such other place as they may agree upon and shall make the necessary levy for taxes, not to exceed six mills on the dollar of valua- tion on all taxable property in the rural high-school district, to pay teachers, to create a certain fund to retire any indebted- ness and pay interest on the same, to purchase a site, to build, hire or purchase a schoolhouse, and to pay the incidental ex- penses of said high schools. The clerk of said district shall certify the levy to the county clerk, who shall extend the amount on the tax roll, and the county treasurer shall collect and pay over such taxes in the manner provided by law for school districts. (Laws 1920, ch. 52, sec. 7.) 511. District in Two or More Counties. In case any rural high-school district shall lie partly in two or more counties, the clerk of said high-school district shall certify the tax levy to the county clerk of each county in which any part of said high-school district lies, and said county clerk shall place the same on the tax roll and the county treasurer of each of said counties shall collect and pay over such taxes to the treasurer of the high-school district as provided in section 5; and such rural high-school district shall be under the supervision and control of the county superintendent of that one of the counties in which at any time lies the greatest portion of the territory comprising said district. (Laws 1915, ch. 311, sec. 7.) 512. Powers of Board; Bonds; Site. Section 9352 of the General Statutes of 1915 is hereby amended so as to read as follows: Sec. 9352. The rural high-school board shall have the care and control of all property belonging to the high- school district and, except as herein provided, shall have the powers prescribed by law -for school-district boards. The rural high-school board shall have authority to secure a site, selected as provided in section 2 of this act, either by donation or pur- chase, to build or purchase a schoolhouse, and to hire a school- house, school rooms, or other property to be used for school purposes; and the district board of any school district shall have authority and is hereby authorized to lease or cause to be leased to any rural high-school board any schoolhouse, school rooms, or other property to be used for rural high-school pur- poses. The rural high-school district board shall have au- thority to issue the bonds of the rural high-school district for the purchase of a site and for the construction of a building or buildings for school purposes : Provided, That no bonds shall be issued unless authorized by an election held in accordance with section 2 of this act or by an election held in accordance with sections 9177 and 9178 of the General Statutes of 1915 : 127. The annual meeting of school districts is held on the second Fri- day in April. (See section 315 of this book.) CH. 15] RURAL HIGH SCHOOLS. 175 Provided, That notice of all such elections in rural high-school districts shall be given as provided in section 2 of this act. Except as herein provided, the laws relating to the issuing of school-district bonds shall apply to rural high-school districts formed in accordance with this act. If a site selected as herein provided cannot be acquired by donation or otherwise, or by purchase at a reasonable price, such site may be condemned in the manner provided in section 8917 of the General Statutes of 1915 for the condemnation of sites in school districts; but the amount of land in the site so condemned shall not exceed ten acres, and the amount of land for site and grounds acquired by purchase without condemnation proceedings shall not exceed forty acres. (Laws 1917, ch. 284, sec. 5.) 513. Authority of County Superintendent; Transfer of Territory ; Governed by Law for School Districts. Section 9354 of the General Statutes of 1915 is hereby amended so as to read as follows: Sec. 9354. The county superintendents of public instruction shall have authority to transfer territory from any rural high-school district to any adjoining rural high- school district or to any school district in which a four-year ac- credited high school is maintained, and notice of any such transfer of territory shall be given as provided by law for changes in school-district boundaries, and an appeal from the action of the county superintendent to the county commission- ers may be taken in the manner provided by law for an appeal in the alteration of school-district boundaries ; and county sup- erintendents of public instruction shall have the same general supervision over rural high schools as they have by law over district schools, and rural high-school districts shall be gov- erned as provided by law for school districts except as provided in this act. (Laws 1917, ch. 284, sec. 6.) 514. Attachment of Adjacent Territory. [9357] Terri- tory outside the limits of any rural high-school district, but adjacent thereto, may be attached to such high-school district for high-school purposes, upon application being made to the rural high-school board by a majority of the electors of such adjacent territory, and upon the approval of said rural high- school board and the consent of the county superintendent of public instruction. The county superintendent shall make a record of such attachment of territory and shall publish a no- tice of the same, and thereafter such attached territory shall be and compose a part of such rural high-school district for such rural high-school purposes only, and the taxable property of such adjacent territory shall be subject to taxation and shall bear its full proportion of all expenses incurred in maintaining said rural high school. (Laws 1915, ch. 311, sec. 11.) 515. Course of Study. Section 9355 of the General Stat- utes of 1915 is hereby amended so as to read as follows : The rural high schools herein provided for shall follow the course 176 RURAL HIGH SCHOOLS. [CH. 15 of study prescribed for rural high schools by the State Board of Education, and said State Board of Education may extend the course of study so as to include a two-year course equiva- lent to the course of study prescribed by the State Board of Education for the last two years in the elementary schools. (Laws 1917, ch. 284, sec. 7.) 516. Admission of Pupils. [9356] Any pupil residing in the high-school district who has completed the course of study provided for district schools by the State Board of Education, and who can present a certificate thereof signed by the county superintendent of public instruction shall be eligible to ad- mission to the rural high school ; and if provision shall be made by the rural high-school board, with the approval of the county superintendent of public instruction, for teaching any branches belonging to the course of study for elementary district schools, such pupils as may be recommended by the county superintend- ent may be admitted and taught in rural high schools: Pro- vided, That pupils sixteen years of age or over may be admitted to such rural high schools by action of the rural high-school board and may be assigned to such classes as the principal may determine. Tuition in a rural high school shall be free to all pupils residing in such high-school district, and nonresident pupils qualified as herein provided may be admitted, but not to the exclusion of any resident pupil, on the payment of a tuition fee fixed by the high-school board. (Laws 1915, ch. 311, sec. 10.) 517. "Barnes" Law May Apply. In any county in which the provisions of chapter 397 of the Laws of 1905, with amend- ments thereto, shall, at the time when this act takes effect or thereafter, be in force, the provisions of said chapter 397 of the Laws of 1905, with amendments thereto, and chapter 272 of the. Laws of 1911 shall apply to any rural high-school dis- trict formed in such county in accordance with the provisions of chapter 311 of the Laws of 1915 and acts amendatory thereof or in accordance with this act in the same manner as is pro- vided for school districts and cities : Provided, That the rural high-school board may levy a tax as provided in section 3 of this act for the purposes therein mentioned to supplement the amount which may be apportioned to said rural high-school district from the county high-school fund. (Laws 1917, ch. 284, sec. 8.) 518. '"Barnes" Law Funds to be Paid. In any county in which chapter 397 of the Laws of 1905, with amendments thereto, shall be in force at the time when this act takes effect, if the county superintendent of public instruction shall have certified to the county clerk and the county treasurer, as pro- vided in section 1, chapter 333, of the Laws of 1907, the amount necessary for the maintenance of any rural high school in any CH. 15] HIGH SCHOOL EXTENSION. 177 rural high-school district ; and if the pro rata part of the gen- eral high-school fund apportioned to such rural high-school district, levied and collected as provided in said chapter 397 of the Laws of 1905, with amendments thereto, shall not have been paid over by the county treasurer to the treasurer of such rural high-school district at the time when this act takes effect, it is hereby made the duty of said county treasurer to pay over said pro rata part of the general high-school fund to the treas- urer of any rural high-school district for the use and benefit of which it was levied and collected, as provided in chapter 397 of the Laws of 1905 and amendments thereto. (Laws 1917, ch. 284, sec. 9.) 519. Township High Schools. Township high schools heretofore established under the provisions of chapter 262 of the Session Laws of 1911 or chapter 278 of the Session Laws of 1913 shall hereafter be governed by the laws relating to rural high-school districts. (Laws 1917, ch. 284, sec. 10.) ARTICLE IX. High-school Fraternities. 520. Membership unlawful. 521. Penalty. 520. Membership Unlawful. [9450] It shall be unlawful for the pupils of any high schools to participate in or be mem- bers of any secret fraternity or secret organization whatso- ever that is in any degree a school organization. (Laws 1907, ch. 320, sec. 1.) 521. Penalty. [9451] Any board of education or board of trustees of county high schools are hereby authorized and empowered to deny to any student regularly enrolled in such high school, who shall violate section 1 of this act, any or all of the privileges of such high school or to expel such student for failure or refusal to comply with the requirements of this act. (Laws 1907, ch. 320, sec. 2.) ARTICLE X. High-school Extension (Junior College). 524. Course of study. 525. Inspection and approval; privileges of graduates. 522. Authority to provide extension of high-school course. 523. Election. 522. Authority to Provide Extension of High-school Course. The board of education of any city of the first or second class and the board of trustees of any county high school may provide for an extension of the high-school course of study by establishing for high-school graduates a two-year course in advance of the course prescribed for accredited high schools by the State Board of Education : Provided, That at a general election or at a special election called for the purpose, in the manner provided by law, a majority of the electors voting on the proposition shall favor such an extension of the high- school course of study. For maintenance of such extension, 178 HIGH SCHOOL EXTENSION. [CH. 15 either wholly or in part, the board of education in any city of the first or second class may levy a tax not exceeding two mills on the dollar of the assessed valuation of the city, and the board of trustees of any county high school may levy a tax not exceeding one-tenth of a mill on the dollar of the assessed valuation of the county, and such levy or levies may be in addi- tion to any other levy or levies provided by law for the sup- port of schools in cities of the first and second class or for the support of county high schools. (Laws 1917, ch. 283, sec. 1.) 523. Election. For the purpose mentioned in section 1 of this act, the mayor of any city of the first or second class shall call a special election or shall cause the question to be sub- mitted at a general election at the request of the board of education of such city, or upon petition of two-fifths of the electors of such city; and the county commissioners of any county shall call a special election or shall cause the question to be submitted at a general election at the request of the board of trustees of the county high school, or upon petition of two- fifths of the electors in such county ; and if a special election is called the same shall be held in the manner provided by law for holding general elections so far as the same is applicable : Provided, The expenses of such special election shall be paid from the school funds by the board of education or the board of high-school trustees at whose request the election shall have been called. (Laws 1917, ch. 283, sec. 2.) 524. Course of Study. The State Board of Education shall prescribe the course of study for the high-school exten- sion provided for in section 1 of this act, which shall be ap- proximately equivalent to the course of study in the first and second years of accredited colleges ; and if the buildings, equip- ment, instructors and instruction shall be approved by the State Board of Education, any person who shall have completed the two-year course of study herein provided for, and who shall have complied with the requirements made by the State Board of Education, shall be entitled to all privileges granted by the State Board of Education to persons who complete a two-year course in an accredited college. (Laws 1917, ch. 283, sec. 3.) 525. Inspection and Approval; Privileges of Graduates. The State Board of Education shall have authority to inspect any private institution which shall provide a two-year course of study in advance of the course prescribed for accredited high schools and, if the buildings, equipment, instructors and instruction shall be approved by the State Board of Education, any person who shall have completed the two-year course of study herein provided for, and who shall have complied with the requirements made by the State Board of Education, shall be entitled to all privileges granted by the State Board of Edu- cation to persons who complete a two-year course in an ac- credited college. (Laws 1917, ch. 283, sec. 4.) CH. 16] INDUSTRIAL EDUCATION. 179 CHAPTER XVI. Industrial Education. ;533. Appropriation for vocational educa- tion. 534. Warrants. 535. Tax for industrial training. 536. Boards may provide school rooms. 537. State board prescribes course and standards. 538. Report to state superintendent. 539. State aid. 526. Acceptance of provisions of act of Congress. 527. Administration by State Board of Education. 528. Establishment and maintenance of vocational schools. 529. State and federal aid. 530. Apportionment of funds. 531. State treasurer custodian. 532. Report of state treasurer. 526. Acceptance of Provisions of Act of Congress. The state of Kansas does hereby accept the provisions and benefits of an act passed by the Senate and House of Representatives of the United States of America in Congress assembled en- titled: "An act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appro- priate money and regulate its expenditure," approved Febru- ary 24, 1917, and will observe and comply with all the require- ments of said act. (Laws 1917, ch. 280, sec. 1.) 527. Administration by State Board of Education. The State Board of Education is hereby designated as the state board for the administration of the act mentioned in section 1 of this act, and is hereby charged with the duty and responsi- bility of cooperating with the Federal Board for Vocational Education in the administration of said act and is given all power necessary for such administration and .cooperation. (Laws 1917, ch. 280, sec. 2.) 528. Establishment and Maintenance of Vocational Schools. The State Board of Education is hereby authorized to cooperate with local communities in establishing and main- taining public vocational schools and classes as provided for in this act, to provide for the preparation of teachers of voca- tional subjects and to issue certificates to teachers of voca- tional subjects who shall have the qualifications specified by said board. (Laws 1917, ch. 280, sec. 3.) 529. State and Federal Aid. The State Board of Educa- tion shall have authority to inspect, as a basis for approval for the purposes of this act, any public schools or classes provid- ing training in agriculture, industrial arts, household arts, or commercial subjects, and any schools or classes providing for the preparation of teachers and supervisors of such subjects ; and such schools and classes as shall have been approved by the state board for the purposes of this act in respect to site, plant, equipment, qualifications of teachers, admission of pu- pils, courses of study, and methods of instruction shall be 180 INDUSTRIAL EDUCATION. [CH. 16 entitled to an allotment of Federal funds; and any school or class which shall receive the benefit of Federal money allotted to the state of Kansas by the Federal Board for Vocational Education shall also be entitled to an equal amount which shall be provided by appropriation by the legislature of the state of Kansas. (Laws 1917, ch. 280, sec. 4.) 530. Apportionment of Funds. The State Board of Edu- cation shall apportion any and all moneys which may be allotted to the state of Kansas by the Federal Board for Voca- tional Education, and any and all moneys which may be appro- priated for the purposes of this act by the legislature of the state of Kansas, and said board shall make all necessary rules and regulations pertaining thereto. (Laws 1917, ch. 280, sec. 5.) 531. State Treasurer Custodian. The state treasurer is hereby designated as the custodian for vocational education as provided in this act and is charged with the duty and re- sponsibility of receiving and disbursing any moneys paid to the state from appropriations made by Congress for the pur- poses of this act and any moneys which may be appropriated by the legislature of the state of Kansas for the purposes of this act. Said moneys shall be paid on warrants drawn by the state auditor on vouchers approved by the state superintend- ent of public instruction. (Laws 1917, ch. 280, sec. 6.) 532. Report of State Treasurer. The state treasurer shall make a biennial report to the State Board of Education show- ing the receipts and disbursements of all moneys received and paid by him under the provisions of this act. (Laws 1917, ch. 280, sec.. 7.) 533. Appropriation for Vocational Education. For the use of the State Board of Education in carrying out the provi- sions of chapter 280 of the Session Laws of 1917 there is hereby appropriated out of any money in the state treasury not other- wise appropriated the sum of $52,541 for the fiscal year end- ing June 30, 1920, and the sum of $63,370 for the fiscal year ending June 30, 1921. (Laws 1919, ch. 53, sec. 1.) 534. Warrants. The state auditor is hereby authorized and directed to draw his warrants on the state treasurer for the purpose mentioned in section 1 of this act upon vouchers approved by the state superintendent of public instruction. (Laws 1919, ch. 53, sec. 2.) 535. Tax for Industrial Training. [9384] The board of education of each city of the first class and second class, and the annual school meeting of any school district, may, in addi- tion to the other levies, levy a tax not to exceed one-half mill 12 * 128. Limited to one-eighth of a mill by Laws 1909, ch. 245, sec. 25 (section 586 of this book) . CH. 16] INDUSTRIAL EDUCATION. 181 upon the dollar of assessed valuation in cities of the first and second class, and not to exceed one mill 129 on the dollar of the assessed valuation in all other cities and school districts, for the equipment and maintenance of industrial-training schools or industrial-training departments of the public schools. The sum raised by such levies shall be expended for the purpose named in this act and no other. (Laws 1903, ch. 20, sec. 1.) 536. Boards May Provide Schoolrooms. [9385] Said board of education and district board, upon such levy being made, may provide for a separate school or a separate depart- ment in some existing school, and may employ such teachers as they think are competent to give instruction in industrial training, as required by their course of study; and it shall be the duty of such board to provide, from the funds received under the provisions of this act, the necessary books, ap- pliances and room for such instruction, and it shall be the duty of such board to prescribe a course of study to meet the special needs of the district or city, which course of study must be approved by the State Board of Education. (Laws 1903, ch. 20, sec. 2.) 537. State Board Prescribes Course and Standard. [9386] The State Board of Education shall establish a standard for teachers of industrial training, and shall grant special cer- tificates to those who are fully qualified to give instruction therein ; and they shall prescribe the course of study in indus- trial training to be used in the state. (Laws 1903, ch. 20, sec. 3.) 538. Report to State Superintendent. [9387] On the 1st day of July in each year, the clerk of each school board or district maintaining a school or department for industrial training as aforesaid, and desiring state aid, shall make a re- port, duly certified, to the state superintendent of public in- struction, in such form as may be required, setting forth the facts relating to the cost of maintaining such school or de- partment for industrial training, the character of the work done, the number and names of the teachers employed in such work, and the length of time such school or department was maintained during the preceding year. Upon receipt of such report, the state superintendent, when satisfied therefrom, and from such other investigation as he may deem advisable, that such school or department for industrial training has been es- tablished and maintained for a period of six months in the year immediately preceding, and has been taught by a special teacher or teachers having the qualifications mentioned in sec- tions 3 and 4 of this act, 130 shall make a certificate to that 129. Limited to one-quarter of a mill by Laws 1909, ch. 245, sec. 25 (section 586 of this book). 130. Sections 537 and 538 of this book. 182 INDUSTRIAL EDUCATION. [CH. 16 effect, showing also the amount of money expended by such school district in the twelve months immediately preceding the 1st day of July of each year in maintaining such school or department for industrial training, and submit such certifi- cate to the state auditor. (Laws 1903, ch. 20, sec. 4.) 539. State Aid. 131 [9388] Upon receiving such certificate mentioned in section 4 of this act, the state auditor shall draw his warrant upon the state treasurer, payable to the treasurer of the school district or board of education maintaining said school department, for a sum of money equal to that contrib- uted by such school district for such purpose, but not exceed- ing the sum of $250: And provided, That the total sum of money contributed by the state as aforesaid for such purposes shall not exceed the sum of $10,000 in any one year. (Laws 1903, ch. 20, sec. 5.) 131. State aid is not available unless the legislature makes appropria- tions for this purpose. CH. 17] INDUSTRIAL-SCHOOL PUPILS. 183 CHAPTER XVII. Industrial-school Pupils. 132 >40. County superintendent shall visit in- dentured pupils. >41. Pupils not properly provided for. 542. County superintendent to seek out persons willing to receive inden- tured pupils. 540. County Superintendent Shall Visit Indentured Pupils. [10115] The superintendents of public instruction in the several counties of the state are hereby designated as visit- ing agents, to have local supervision over indentured pupils of the reform 133 school. It shall be the duty of each visiting agent to visit as often as twice each year all pupils of the re- form school 133 who may have been identified to persons re- siding within his county. He shall inquire into the condition of such pupils, and make such other investigations in relation thereto as the board of trustees may prescribe; and for the purpose aforesaid, said agents may have private interviews with such pupils at any time, and shall have power to adminis- ter oaths. (Laws 1881, ch. 129, sec. 13.) 541. Pupils Not Properly Provided for. [10116] When any visiting agent is of the opinion that an indentured pupil is not properly provided for, and cannot be so held to his fur- ther advantage, he shall report the fact to the board of trus- tees; and no pupil shall be indentured to any person until notice of an application therefor has been given to said agent, and his report in writing, made after investigation into the propriety thereof, is filed with the institution. (Laws 1881, ch. 129, sec. 14.) 542. Seek Out Persons to Receive Indentured Pupils. [10117] Said agent shall seek out suitable persons who are willing to receive pupils from the reform school 133 under arti- cles of indenture, and give notice thereof to the president of the board of trustees, which notice shall contain the agent's recommendation of the applicant as a proper person to receive and have the care of any such pupil. (Laws 1881, ch. 129, sec. 15.) 132. The requirements of this chapter are probably modified by the provisions of chapter 475, Laws of 1905, entitled "Board of Control of State Charitable Institutions." 133. Refers to Industrial School for Boys and the Industrial School for Girls. 184 JUVENILE COURT. [CH. 18 CHAPTER XVIII. Juvenile Court. 543. Probate judge; jurisdiction; author- ity; fees. 544. Over whom the juvenile court has jurisdiction. 545. Probation officer; appointed; duties; truant officer. 546. Who may make the complaint. 547. Summoning custodian of child. 548. Custody of child; continuance of the hearing. 549. Care of dependent or neglected child. 550. The child as the ward of an asso- ciation or individual. 551. The child committed to the care of a probation officer. 552. The court may revoke the custody. 553. Child under sixteen not to be taken before courts other than juvenile courts. 554. Appeals to district court. 555. Assistance of city and county at- torneys, and other officials. 556. Discretion of juvenile court a to penalties of state laws and city ordinances. 557. Care and custody of child to be parental. 558. Parents responsible for delinquency of children; penalty. 559. Suspension of sentence, release; bond. 560. Custody of child during suspension of sentence. 561. Forfeiture of bond and term of pro- bation. 562. Judgment in case of forfeiture of bond. 563. Acts not repealed. 564. Detention home; juvenile farm. 565. Government of detention home. 566. Record of inmates of detention home. 567. Tax levied for detention home or juvenile farm ; salary of matron or superintendent. 568. Annual report of judge of juvenile court. 569. Jurisdiction after the age of sixteen. 570. Compensation in counties having a population of over 25,000. 571. Jurisdiction. 572. Police and sheriff entitled to witness fees. 573. Blanks. 574. Procedure in juvenile court. 575. Appeal. 576. Parental home in certain counties. 577. Inmates. 578. Tax for buildings and support. 579. Managers; advisory board. 580. Supervision. 581. Salaries; expenses. 543. Probate Judge; Jurisdiction; Authority; Fees. That section 5099 of General Statutes for the state of Kansas, 1909, be amended to read as follows: Sec. 5099. That there be and hereby is created and established in each county of the state a court to be known as the "juvenile court" whose jurisdiction shall pertain to the care of dependent, neglected and delin- quent children. The probate judge of each county shall be the judge of the juvenile court in his county, and he shall be furnished by the board of county commissioners, at the ex- pense of the county, with such dockets, records and blanks, upon his requisition, as may be necessary in the conduct of the business of the court. Said court shall have jurisdiction of all cases concerning dependent, neglected and delinquent chil- dren in their respective counties, shall be open at all times for the transaction of business, and may make such disposition of cases as is hereinafter provided. They shall have authority to issue subpoenas for witnesses, and compel their attendance by attachment as for contempt, and to issue all other process that may be necessary in any case, the same as justices of the peace are authorized to do in misdemeanors. All writs and process shall be served by the probation officer of the court, or, in his absence, by some person especially deputized for that purpose by the court. The judge of the juvenile court shall charge as compensation for his services the same fees as are allowed the probate judge for like services:" Provided, CH. 18] JUVENILE COURT. 185 That all fees provided for herein shall be paid into the county treasury for the use of the general fund of the county. (Laws 1917, ch. 154, sec. 1.) 544. Over Whom the Juvenile Court Has Jurisdiction. [3066] This act shall apply only to children under the age of sixteen years, not now or hereinafter inmates of any state in- stitution or any industrial school for boys or industrial school for girls or some institution incorporated under the laws of this state : Provided, That when jurisdiction has been acquired under the provisions hereof over the person of a child, such jurisdiction may continue for the purpose of this act until the child has attained its majority. For the purpose of this act, the word "dependent child" and "neglected child" shall mean any child who for any reason is destitute or homeless or abandoned, or dependent upon the public for support, or has not proper parental care or guardianship, and has idle and immoral habits, or who habitually begs or receives alms, or who is found living in any house of ill fame or with any vicious or disreputable persons; or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guard- ian or other person in whose care it may be, is an unfit place for such a child ; or any child under the age of ten years who is found begging, peddling, or selling any article, or singing or playing any musical instrument upon the street, or who accompanies or is used in aid of any person so doing. The words "delinquent child" shall include any child under the age of sixteen years who violates any law of this state or any city, town or village ordinance ; or who is incorrigible ; or who knowingly associates with thieves, vicious or immoral per- sons ; or who is growing up in idleness or crime ; or who know- ingly patronizes any pool-rooms or place where gambling de- vices are operated. The word "child" or "children" may mean one or more children, and the word "parent" or "parents" may be held to mean one or both parents, when consistent with the intent of this act. The word "association" shall include any corporation which includes in its purpose the care or discipline of children coming within the meaning of this act. (Laws 1905, ch. 190, sec. 2.) 545. Probation Officer; Appointed; Duties; Truant Officer. [3067] The juvenile court having jurisdiction under this act shall appoint or designate one or more discreet persons of good character to serve as probation officers during the pleas- ure of the court ; said probation officer shall receive as compen- sation from the public treasury a sum to be fixed by the court, said sum not to exceed two dollars per day for services actually performed: Provided, That in cities having a population of 15,000 or over, the compensation shall not be more than three dollars per day. Whenever there is to be a child brought before any court having a probation officer, it shall be the duty of the 186 JUVENILE COURT. [CH. 18 judge of the court, if practicable, to notify the probation officer in advance when any child is to be brought before the court. It shall be the duty of said probation officer to make such inves- tigation as may be required by the court ; to be present in court in order to represent the interest of the child when the case is heard ; to furnish to the court such information and assistance as the judge may require, and to take such charge of any child before and after trial as may be directed by the court ; and the court shall have power to make and enforce rules specifying the duties of the probation officer in any and all cases. The judge of said juvenile court may, at his discretion, designate as probation officer the regular truant officer of the county, who shall perform the duties of this office in addition to the duties of the truant officer, as provided by law, and he shall receive no further remuneration than is provided by laws already ex- isting. Any probation officer may, without warrant or other process, at any time until the final disposition of the case of any child over whom said juvenile court shall have acquired jurisdiction, take the child placed in his care by said court and bring the child before the court, or the court may issue a war- rant for the arrest of any child, and the court may thereupon proceed to sentence or make such other disposition of the case as he may deem best. (Laws 1905, ch. 190, sec. 3.) 546. Who May Make the Complaint. [3068] Any repu- table person, being a resident in the county, having knowl- edge of a child in his county who appears to be either depend- ent, neglected or delinquent within the meaning of this act, may file with the court having jurisdiction in the matter a petition, in writing, setting forth the facts, verified by affidavit. It shall be sufficient that the affidavit be upon information and belief. If it shall be determined by the court that there is no ground for complaint no permanent record shall be made by the court. (Laws 1905, ch. 190, sec. 4.) 547. Summoning Custodian of Child. [3069] Upon the filing of the petition, unless the parties shall voluntarily ap- pear or be in court, a summons shall issue in the name of the state of Kansas requiring the child and the person having custody and control of the child, or with whom the child may be, to appear with the child at the place and at the time set in the summons, which shall not be later than twenty-four hours after service, unless otherwise directed by the court. The parent of the child, if living, and their residence known, or its legal guardian, if one there be, or if there is neither parent nor guardian, or if his or her residence is unknown, then some relative, if there be one, and his or her residence is known, shall be notified of the proceedings; and in any case the judge may appoint some suitable person or association to act in behalf of the child. If the person summoned, as herein provided, shall fail without reasonable cause to appear and CM. 18] JUVENILE COURT. 187 abide the order of the court, or to bring the child, such person may be proceeded against as in case of contempt of court. In case the summons cannot be served, or the party served shall fail to obey the same, or in case when it shall be made to ap- pear to the court that such summons will be ineffectual, a war- rant may issue on order of the court, either against the parent or guardian, or the person having custody of the child, or against the child itself. On the return of the summons or other process, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case in a summary manner and enter final judgment therein; and the costs of all proceed- ings under this act may, in the discretion of the court, be ad- judged against the person or persons so summoned, appear- ing, or arrested, as the case may be, and collected as provided by law in civil cases. (Laws 1905, ch. 190, sec. 5.) 548. Custody of the Child; Continuance of the Hearing. [3070] In any case the court may continue the hearing from time to time, and may in the meantime commit the child to the care and control of the probation officer, or may allow such child to remain in its own home, or in the custody of some suitable person, subject to the supervision and control of the probation officer and to such other conditions as may be im- posed by the court ; or the court may authorize the child to be placed in a suitable family home, subject to the friendly super- vision of the probation officer and the further order of the court. Pending a hearing, no child shall be committed to a jail or police station, except, in case of felony, the judge, if he deems it advisable, may commit such child to jail until the trial and final disposition of the case ; but when other provision shall not have been made for its care and custody, the court shall direct it to be kept in some suitable place provided by the county outside of a jail or police station. (Laws 1905, ch. 190, sec. 6.) 549. Care of Dependent or Neglected Child. [3071] When any child under the age 0f sixteen years shall be found to be dependent or neglected, within the meaning of this act, the court may make an order committing the child to the care of some suitable institution, or the care of some reputable citizen of good moral character, or to the care of some training school or an industrial school, as provided by law, or to the care of some association willing to receive it, embracing in its object the purpose of caring for or obtaining homes for neglected or dependent children. The court may, when the health or condi- tion of the child shall require it, cause the child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution which will receive it for like purpose without charge. (Laws 1905, ch. 190, sec. 7.) 550. The Child as the Ward of an Association or Indi- vidual. [3072] In any case where the court shall award a 188 JUVENILE COURT. [CH. 18 child to the care of any association or individual, in accord- ance with the provisions of this act, the child shall, unless otherwise ordered, become a ward, and be subject to the guard- ianship of the association or individual to whose care it is committed. Such association or individual shall have authority to place such child in a family home, with or without indenture, and may be made party to any proceedings for the legal adop- tion of the child, and may by its or his attorney or agent ap- pear in any court where such proceedings are pending and as- sent to such adoption; and such assent shall be sufficient to authorize the court to enter proper order or decree of adoption. Such guardianship shall not include the guardianship of any estate of the child. (Laws 1905, ch. 190, sec. 8.) 551. The Child Committed to the Care of a Probation Officer. [3073] In case of a delinquent child, the court may continue the hearing from time to time, and may in the mean- time commit the child to the care and control of a probation officer duly appointed by the court, and may allow such child to remain in its own home, subject to the visitation and control of the probation officer; such child to report to the court as often as may be required, and shall be subject to be returned to the court for further proceedings whenever such action shall appear to the court to be necessary ; or the court may authorize the child to be placed in a suitable family home, subject to the friendly supervision of the probation officer and the further order of the court ; or it may authorize the child to be boarded out in some suitable family home, in case provision is made by voluntary contribution or otherwise for payment of the board of such child until suitable provision may be made for the child in a home without such payment ; or the court may com- mit the child to a suitable institution for the care of delinquent children: Provided, That no child under the age of sixteen years shall be committed to the State Reformatory, and in no case shall a child be committed beyond his or her minority. A child committed to such institution shall be subject to the con- trol of the board of managers thereof, and the board shall have power to parole such child on such conditions as it may pre- scribe; and the court shall, on the recommendation of the board, have power to discharge such child from custody when- ever, in the judgment of the court, his or her reformation is complete; or the court may commit the child to the care and custody of some association that will receive it, embracing in its objects the care of neglected and dependent children, if such institution be duly credited as hereinafter provided, or to the care and custody of some discreet person. (Laws 1905, ch. 190, sec. 9.) 552. The Court May Revoke the Custody. [3074] In any case where a dependent, neglected or delinquent child has been committed to the care and custody of any association or in- CH. 18] JUVENILE COURT. 189 dividual, the court may cause the child to be brought before it, together with the person in whose custody he may be, and if it shall appear that a continuance of such custody is not for the best interests of such child, the court may revoke and set aside the order giving such custody, and make such further orders in the premises as to the future disposition of the child as shall seem best. (Laws 1905, ch. 190, sec. 10.) 553. Child under Sixteen Not to be Taken Before Courts Other than Juvenile Courts. [3075] When a child under the age of sixteen years is arrested, with or without a warrant, such child shall, instead of being taken before a justice of the peace or police magistrate or judge or any other court now or hereafter having jurisdiction of the offense charged, be taken before such juvenile court; or if the child shall have been taken before a justice of the peace or police magistrate or judge of such court, it shall be the duty of such justice of the peace or police magistrate or judge of such court to transfer the case to such juvenile court, and of the officer having the child in charge to take such child before said court; and in any such case the said court may proceed to hear the defense of the case in the same manner as if the child had been brought before the court upon the petition as herein provided. In any case the court shall require notice to be given and investiga- tion to be made as in the several cases under this act provided for, and may adjourn the hearing from time to time for the purpose. (Laws 1905, ch. 190, sec. 11.) 554. Appeal to District Court. [3076] An appeal shall be allowed to the district court by any child from the final order of commitment made by the juvenile court, and may be de- manded on the part of the child by its parent, guardian, or custodian, or by any relation of such child within the third degree of kinship. Such appeal shall be taken within ten days after the making of the order complained of by written notice of appeal filed with the judge of the juvenile court; whereupon it shall be the duty of the judge of said court, without unneces- sary delay, to transmit all papers, together with a transcript of his records of the case, to the clerk of the district court of his county, by whom the case shall be docketed in the order of its reception. Such appeal shall not suspend or vacate the order appealed from, but the same shall continue in force in all respects the same as if no appeal had been taken until final judgment has been rendered in the district court: Provided, however, That the judge of the district court may, pending a hearing on appeal, make such modifications of the order of the juvenile court and upon such conditions as to him may seem proper. Upon the final hearing on appeal the case shall be heard and disposed of in the spirit of this act and in the exer- cise of all the powers and discretion herein given to the juve- nile court. In all cases of felony the judge of the juvenile 190 JUVENILE COURT. [CH. 18 court may remand the person apprehended to the district court or county court for trial. (Laws 1905, ch. 190, sec. 12.) 555. Assistance of City and County Attorneys, and Other Officials. [3077] It shall be the duty of all county attorneys within their respective counties, and city attorneys within their respective cities, to give to the probation officers such aid in the performance of their duties as may be consistent with the duties of the office of such attorneys. It shall be the duties of the police officers and constables making arrests of children under sixteen years of age in the counties herein mentioned to at once give information of that fact to the probation officer or to the judge of the juvenile court herein provided, and also to furnish such probation officer or judge with all the facts in his possession pertaining to said child, its parents, guardian, or other person likely to be interested in such child, and also the nature of the charge upon which such charge has been made. Any probation officer may, without warrant or other process, at any time until final disposition of the case of any child over whom said juvenile court shall have acquired jurisdiction, take any child placed in his care by said court and bring such child before the court, or the court may issue a warrant for the arrest of any such child ; and the court may thereupon proceed to sentence or make other disposition of the case. (Laws 1905, ch. 190, sec. 13.) 556. Discretion of Juvenile Court as to Penalties of State Laws and City Ordinances. [3078] All punishments and penal- ties imposed by law upon persons for the commission of of- fenses against the laws of the state, or imposed by city ordi- nances for the violation of such ordinances, in the case of delinquent children under the age of sixteen years, shall rest in the discretion of the judge of the juvenile court, and execu- tion of any sentence may be suspended or remitted by said court. (Laws 1905, ch. 190, sec. 14.) 557. Care and Custody of Child to be Parental. [3079] This act shall be liberally construed, to the end that its pur- poses may be carried out, to wit, that the care, custody and discipline of a child shall approximate, as nearly as may be, proper parental care ; and in all cases wbere the same can be properly done that a child may be placed in an approved family home, by legal adoption or otherwise. And in no case shall any proceedings, order or judgment of the juvenile court, in cases coming within the purview of this act, be deemed or held to import a criminal act on the part of any child ; but all pro- ceedings, orders and judgments shall be deemed to have been taken and done in the exercise of the parental power of the state. (Laws 1905, ch. 190, sec. 15.) 558. Parents Responsible for Delinquency of Children; Penalty. [3080] In all cases where any child shall be a de- linquent, dependent or neglected child, as defined by the stat- CH. 18] JUVENILE COURT. 191 utes of this state, the parent or parents or other persons re- sponsible for or by any act causing, encouraging or contribut- ing to such delinquency, dependency or neglect shall be deemed guilty of a misdemeanor, and upon trial and conviction thereof shall be fined in a sum not to exceed one thousand dollars, or imprisoned in the county jail for a period not to exceed one year, or by both such fine and imprisonment. The juvenile courts shall have jurisdiction of all cases coming within the provisions of this act. (Laws 1907, ch. 177, sec. 1.) 559. Suspension of Sentence; Release; Bond. [3081] The court may suspend any sentence hereunder or release any person sentenced under this act from custody upon condition that such person shall furnish a good and sufficient bond or undertaking to the people of the state of Kansas in such penal sum, not exceeding two thousand dollars, as the court shall determine, conditioned for the payment of such amount as the court may order, not exceeding twenty-five dollars per month for each child, for the support, care and maintenance of such child while under the guardianship, or in the custody of any individual or any public, private or state home, institution, as- sociation or orphanage to which the child may have been com- mitted or entrusted under the provisions of the laws of this state concerning dependent and neglected children. (Laws 1907, ch. 177, sec. 2.) 560. Custody of Child During Suspension of Sentence. [3082] The court may also suspend any sentence imposed under this act, and may permit any dependent child to remain in the custody of any such person found guilty upon conditions to be prescribed or imposed by the court as seem most calcu- lated to remove the cause of such dependence or neglect, and while such conditions are accepted and complied with by any such person such sentence may remain suspended and such person shall be considered on probation in said court; in case a bond is given as provided herein, the conditions prescribed by the court may be made a part of the terms and conditions of such bond. (Laws 1907, ch. 177, sec. 3.) 561. Forfeiture of Bond and Term of Probation. [3083] Upon the failure of any such person to comply with the terms and conditions of such bond or of the conditions imposed by the court, such bond or the term of probation may be declared forfeited and terminated by the court, and the original sen- tence executed as though it had never been suspended, and the term of any jail sentence imposed in any such case shall com- mence from the date of the incarceration of any such person after the forfeiture of such bond or term of probation. There shall be deducted from any such period of incarceration any part of such sentence which may have already been served. (Laws 1907, ch. 177, sec. 4.) 192 JUVENILE COURT. [CH. 18 563. Judgment in Case of Forfeiture of Bond. [3084] It shall not be necessary to bring a separate suit to recover the penalty of any such bond so forfeited, but the court may cause a citation to issue to the surety or sureties thereon, requiring that he or they appear at a time named therein by the court, which time shall not be less than ten nor more than twenty days from the issuance thereof, and show cause, if any there be, why judgment should not be entered for the penalty of such bond and execution issued for the amount thereof against the property of the surety or sureties thereon, as in civil cases, and upon failure to appear or failure to show any such sufficient cause, the court shall enter such judgment in behalf of the people of the state of Kansas against such surety or sureties, or in case of default or refusal to pay the said bond, action may be taken in any court of competent jurisdic- tion in behalf of the people of the state of Kansas to compel the payment of said bonds. Any moneys collected or paid upon any such execution or in any case upon said bond shall be turned over to the county treasurer of the county in which such bond is given, to' be applied to the care and maintenance of the child or children for whose dependency such conviction was had, in such manner and upon such terms as the juvenile court may direct : Provided, That if it shall not be necessary in the opinion of the court to use such fund or any part thereof for the support and maintenance of such child, the same shall be paid into the county treasury and become a part of the funds of such county. (Laws 1907, ch. 177, sec. 5.) 563. Acts Not Repealed. [3085] Nothing in this act shall be construed to repeal any acts providing for the support by parents of their minor children or any part of the acts con- cerning delinquent children or persons contributing thereto; and nothing in said acts shall prevent proceedings under this act in any proper case. (Laws 1907, ch. 177, sec. 6.) 564. Detention Home; Juvenile Farm. [3086] That the county commissioners of every county of the state having a population of more than twenty thousand may provide a de- tention home or a juvenile farm for the purpose of caring for homeless children under sixteen years of age in the custody of the judge of the juvenile court: Provided, however, That a juvenile farm may be established only in counties having a city whose population is twenty-five thousand or over. Until a building is erected for the purpose of a detention home, or until a juvenile farm with suitable and convenient buildings has been provided, the commissioners may lease or rent a suit- able and convenient building or a part thereof for a term not to exceed five years for any one period, which shall be used as a detention home. (Laws 1907, ch. 177, sec. 7.) 565. Government of Detention Home. [3087] That the detention home shall be in charge of a matron or of a man and CH. 18] JUVENILE COURT. 193 his wife, who shall be under the supervision of the judge of the juvenile court. The inmates of the detention home shall be controlled as far as possible through parental care. The children shall be placed in the public schools where possible, or, if it be so determined, the commissioners may provide for separate instruction within the home. The detention home is to supplement the work of the juvenile court and to be used in lieu of any jail or prison, but it shall be the policy of the judge of the juvenile court, probation officer and the matron or superintendent of the detention home to make the said house of detention a temporary home, and as soon as possible to pro- vide for the return of the inmates of the home to their natural parents or to parents by adoption. (Laws 1907, ch. 177, sec. 8.) 566. Record of Inmates of Detention Home. [3088] It shall be the duty of the matron or superintendent of the deten- tion home to keep a complete record of all inmates of the home, including age, sex, time of admission, and time of discharge, conduct and character, state of health at time of admission and dismissal, and shall make a monthly report to the judge of the juvenile court on a blank provided for the same. (Laws 1907, ch. 177, sec. 9.) 567. Tax Levied for Detention Home or Juvenile Farm; Salary of Matron or Superintendent. [3089] For the support and maintenance of the detention home or juvenile farm, the county commissioners shall make an estimate of the cost and levy a tax, as in the case of providing for other expenses of the county, and all expenses of the said detention home or juvenile farm shall be accorded as a part of the expenses of the said juvenile court of the said county. The salary of the matron or superintendent shall be fixed by the county commis- sioners, and warrants drawn for the payment of said salary and all other bills regularly allowed by the said commissioners on account of said expenses for the maintenance of said deten- tion home or juvenile farm. (Laws 1907, ch. 177, sec. 10.) 568. Annual Report of Judges of Juvenile Court. [3090] That the judge of the juvenile court shall make an annual report on the 1st day of July to the governor of the state, which shall be complete history of the proceedings of the court for the preceding year; that the said report shall contain sta- tistics of the number of cases, the nature of the cases, and the disposition of the same. It shall also contain a financial statement of the court, including all expenses, expenditures made, and fines collected. (Laws 1907, ch. 177, sec. 11.) 569. Jurisdiction After the Age of Sixteen. [3091] When any offender before the age of sixteen has been brought before the judge of the juvenile court, the jurisdiction of said court over said offender shall not expire on account of the child's arriving at the age of sixteen, but said offender shall continue 7 School Laws 2728 194 JUVENILE COURT. [CH. 18 in the charge of said court until he is finally discharged by the same. (Laws 1907, ch. 177, sec. 12.) 570. Compensation in Counties Having a Population of Over 25,000. [3092] In counties having twenty-five thousand people or over, the probation officer who is appointed for said county shall receive compensation not to exceed three dollars a day for time of actual service. (Laws 1907, ch. 177, sec. 13.) 571. Jurisdiction. [3093] The juvenile court shall have jurisdiction over all dependent children under sixteen years of age. All applications for the admission of children to the soldiers' orphans' home shall be made to the juvenile court of the county of which any child is a resident. (Laws 1907, ch. 177, sec. 14.) 572. Police and Sheriff Entitled to Witness Fees. [3094] When the police of any city or the sheriff of any county in the state of Kansas shall appear before the judge of the ju- venile court to make complaint of, to report on or to testify on account of dependent, defective or delinquent children, they shall receive ordinary witness fees for such services. (Laws 1907, ch. 177, sec. 15.) 573. Blanks. [3095] Blanks shall be used by the juvenile court in the several counties in Kansas which shall be fur- nished by the state board of control. (Laws 1907, ch. 177, sec. 16.) 574. Procedure in Juvenile Court. [3096] The procedure in the juvenile court for the trial of any person charged with causing, encouraging or contributing to the delinquency, de- pendency or neglect of any child shall be substantially the same as the procedure provided for the trial of misdemeanors before justices of the peace. (Laws 1911, ch. 236, sec. 1.) 575. Appeal. [3097] Any person convicted in the juvenile court of causing, encouraging, or contributing to the de- linquency, dependency or neglect of any child may appeal from such judgment in substantially the same manner as is now provided for appeals from the judgment of justices of the peace in misdemeanor cases. (Laws 1911, ch. 236, sec. 2.) 576. Parental Home in Certain Counties. That section 3098 of the General Statutes of Kansas of 1915 be and the same is hereby amended to read as follows: Sec. 3098. In every county having a city whose population is not less than 53,000, the board of county commissioners may by unanimous vote, and shall upon petition of thirty per cent of the electors of such county, procure the necessary ground and erect suitable buildings for a parental home for homeless, dependent, neg- lected or delinquent children within such county, and shall con- duct and maintain the same. (Laws 1919, ch. 211, sec. 1.) 577. Inmates. [3099] At the home herein provided for homeless, dependent, neglected or delinquent children who are CH. 18] JUVENILE COURT. 195 under the age of sixteen, may be kept all such children as shall have been found by the judge of the juvenile court to be proper inmates of said home. (Laws 1915, ch. 276, sec. 2.) 578. Tax for Buildings and Support. [3100] That for the purchase of the necessary ground and the erection of a suit- able building or buildings for the purposes herein provided for, the board of county commissioners may, by unanimous vote, levy and collect a tax of not exceeding three cents on the hundred dollars on all taxable property of the county, and also may, by unanimous vote, levy and collect an annual tax of not to exceed one and one-half cents on the hundred dollars for the support and maintenance of such home, which taxes shall be levied and collected as in case of providing for other ex- penses of the county. (Laws 1915, ch. 276, sec. 3.) 579. Managers; Advisory Board. [3101] The home herein provided for shall be in charge of a man and his wife, to be selected by the juvenile judge: Provided, however, That such managers shall receive and have the advisory assistance of a board consisting of five women residents of such county who shall be named by the board of county commissioners, one whose term shall be for five years, and one whose term shall be for four years, and one whose term shall be for three years, and one whose term shall be for two years, and one for one year, and on the first of January each year thereafter one for five years, and such advisory board shall at all times have access to the home and every department thereof and shall be entitled to familiarity with every detail in its management. (Laws 1915, ch. 276, sec. 4.) 580. Supervision. [3102] The home herein provided for shall be under the supervision of the board of county com- missioners, except as otherwise provided for in the provision of chapter 177, Session Laws of 1907, entitled "An act amenda- tory of and supplemental to chapter 190 of the Laws of 1905, entitled 'An act to establish a juvenile court and to provide for dependent and neglected children,' ' and chapter 190 of the Laws of 1905. (Laws 1915, ch. 276, sec. 5.) 581. Salaries; Expenses. [3103] The members of the ad- visory board shall receive no compensation. The salaries of the managers in charge shall be fixed by the board of county commissioners and warrants shall be drawn for the payment of such salaries and all other bills regularly allowed by said board of county commissioners, on account of expenses incurred for the maintenance of said home. (Laws 1915, ch. 276, sec. 6.) 196 KINDERGARTENS. [CH. 19 CHAPTER XIX. Kindergartens. 582. Free kindergartens. 582. Free Kindergartens. [8992] That the school [board] of any school district 1 " 4 in the state shall have power to es- tablish and maintain free kindergartens in connection with the public schools of said district, for the instruction of chil- dren between four and six years of age residing in said dis- trict, and shall establish such courses of training, study and discipline and such rules and regulations governing such pre- paratory or kindergarten schools as said board may deem best : Provided, That nothing in this act shall be construed to change the law relating to the taking of the census of the school population or the apportionment of state and county school funds among the several counties and districts in this state: Provided further, That the cost of establishing and maintaining such kindergartens shall be paid from the school fund of said districts, and the said kindergartens shall be a part of the public-school system, and governed, as far as prac- ticable, in the same manner and by the same officers as pro- vided by law for the government of the other public school [s] of the state: Provided further, That no person shall be em- ployed as a teacher in such kindergarten schools who has not passed a satisfactory examination in such subjects as the State Board of Education shall require. The State Board of Education shall adopt rules governing the examination of kin- dergarten teachers and shall furnish county superintendents with examination questions, and the examination shall be held in the manner provided by law for the examination of teachers in the public schools: Provided further, That any person who shall complete the course of training for kindergarten teachers at the State Normal School or its auxiliaries shall be entitled to teach in the kindergarten schools of this state with- out examination. (Laws 1907, ch. 325, sec. 1.) 134. Kindergartens may also be established in cities of the first and second class. CH. 20] ENGLISH LANGUAGE. 197 CHAPTER XX. Exclusive Use of English Language Specified. 583. Applies to all elementary schools. I 585. Power of visitation. 584. Courses specified. | 583. Applies to all Elementary Schools. All elementary schools in this state, whether public, private or parochial, shall use the English language exclusively as the medium of in- struction. (Laws 1919, ch. 257, sec. 1.) 584. Courses Specified. All schools, public, private, or parochial, shall provide and give a complete course of instruc- tion to all pupils, in civil government, and United States his- tory, and in patriotism and the duties of a citizen, suitable to the elementary grades. (Laws 1919, ch. 257, sec. 2.) 585. Power of Visitation. The State Board of Education shall have the power of visitation to see that the provisions of this act are complied with, and if it be found that any provision of this act is being violated, the state board shall order such school forthwith to comply with this act, and if such order be not complied with within thirty days after such order, ex- cluding vacation periods, then the state board shall be au- thorized to order such school to be closed, and the county at- torney of the county, where such school is located, or the at- torney general of the state of Kansas, at the election of the State Board of Education, shall enforce the orders of the board by action in the name of the state on his relation or the relation of such board of education. (Laws 1919, ch. 257, sec. 3.) 198 LEVIES. [CH. 21 CHAPTER XXI. Levies. 586. Levies, general limitation. 587. Levies, exceptions to limitations. 588. Increasing the levy. 589. County clerk, excessive levies. 590. Penalty, officers. 591. Increasing tax levy in certain cities. 586. Levies, General Limitation. [11383] All levies au- thorized in any taxing district by statute, and which are not expressly limited herein, are hereby limited so that no such levy shall be made in excess of twenty-five per cent of the rates so authorized. (Laws 1909, ch. 245, sec. 25.) 587. Levies, Exceptions to Limitations. [11384] No limi- tation imposed by this act shall in any wise apply to or in any way limit any levy which is authorized by statute for the pur- pose of creating sinking and interest funds necessary to liquidate at maturity the principal and interest of any in- debtedness authorized by law; nor shall any provision of this act apply to or in any way limit special taxes levied by ordi- nance in any city. And nothing in this act shall be construed to limit the levy provided by any special act heretofore passed for the construction of roads, and under which any county is now operating. (Laws 1909, ch. 245, sec. 26.) 588. Increasing the Levy. [11385] If any board of levy, or any officer that is charged with the duty of levying tax in any taxing district, shall be of the opinion that the amount of tax limited by this act will be insufficient for the needs of such taxing district for the current year, the question of an in- creased levy may be submitted to the voters of such taxing dis- trict at a general election or at a special election called for the purpose in the manner provided by law for calling special elec- tions in such taxing district: Provided, That under the pro- visions of this section a vote may be had upon the question of an increased levy at the annual meeting of any school district. If any such question of increasing the levy shall be submitted at any election or meeting as above set forth, due notice thereof shall be given for at least thirty days in advance of such elec- tion or meeting by publication in the official county paper for all taxing districts, except school districts; but in school dis- tricts by posting a notice in the manner provided by law for other elections or meetings ; said notice shall also give the pro- posed increase in the levy. If three-fourths of the votes cast at any such election shall be in favor of the increased levy, as named in said election notice, then the officers charged with levying taxes may make such increased levy for the year voted upon, and thereafter the limitation of this act shall apply, unless an increased levy for a particular year shall be voted at another election in like manner. (Laws 1909, ch. 245, sec. 27.) 589. Increasing- the Tax Levy in Certain Cities. If in the judgment of the board of education in any city of the first CH. 21] LEVIES. 199 or second class the tax levy authorized by law for the support of the schools of such city shall not be sufficient to maintain the schools of such city, said board of education may publish a notice in at least two issues of any newspaper having general circulation in said city stating the amount of money necessary for the support of the schools and the tax levy which would pro- duce said amount, and if after the publication of such notice a petition shall be presented to said board of education, signed by not less than fifty-one per cent of the resident taxpayers of such city and territory attached thereto for school purposes, upon a certain date fixed in said petition ; or if a petition shall be presented to said board of education, signed by not less than seventy-five per cent of the legal voters of such city and ter- ritory attached thereto for school purposes upon a certain date fixed in said petition, either petition requesting that the pro- posed levy as stated in the aforesaid published notice be made for the ensuing year, then the board of education shall have authority to make such levy, which levy the clerk of the board of education shall, on or before the first day of August, certify to the county clerk, who is hereby authorized and required to place the same on the tax roll of the county to be collected and paid over to the treasurer of the board of education as are other taxes levied for school purposes: Provided, That nothing in this act shall prohibit the increase of the tax levy for school purposes in any manner otherwise provided by law: And further provided, That such total tax levied for support of such school shall not exceed twenty (20) mills for any one year. (Laws 1917, ch. 270, sec. 1.) 590. County Clerk; Excessive Levies. [11386] Any levy which may be certified to the county clerk in excess of the limitations placed by this act shall be unlawful, and in any such case it shall be unlawful for the county clerk of any county within the state to enter upon the tax roll of the county any such excessive levy ; and in case of any such excess in any levy it is hereby made the duty of the county clerk and he is hereby required to reduce such levy and to extend upon the tax roll only such a part thereof as will comply with the pro- visions of this act. (Laws 1909, ch. 245, sec. 28.) 591. Penalty; Officers. [11387] Any officer of any tax- ing district or any county clerk who shall violate any pro- vision of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars and shall also be subject to removal from office by a civil action. (Laws 1909, ch. 249, sec. 29.) 200 LEVIES. [CH. 22 CHAPTER XXIL Levies for Emergency Cases. 592. Increase ordered by tax commission. I 594. Levy for excess warrants. 593. Excess warrants authorized by tax I commission. I 592. Increase Ordered by Tax Commission. Whenever it shall be the opinion of the majority of the members of any board authorized to levy taxes in any taxing district or of any officer solely charged with that duty therein that the rates of levy in the particular taxing district under consideration are so limited as to be insufficient for the raising of the funds necessary to supply the needs of said taxing district for gen- eral or maintenance expenses for the current tax year, such levying officers or officer shall have authority to fix rates of levy in such district which will raise an amount of money for such taxing district exceeding by twenty-five per cent the amount of money which can be raised in such taxing district for the current tax year by using the rates limited by law: Provided, That no such authority shall be exercised until an application for its exercise shall be made to the Tax Commis- sion, which body, if the evidence submitted in support of the application shall show an emergency need for the said addi- tional amount hereby authorized or any part thereof, is hereby empowered to order such increase as may have been shown to be necessary : And provided further, That at no time shall any increase authorized by the Tax Commission in any such taxing district exceed by more than twenty -five per cent the amount of money that can be raised by taxation in any such district for the current tax year. (Laws 1919, ch. 311, sec. 1.) 593. Excess Warrants Authorized by Tax Commission. That whenever it shall be apparent to a majority of the mem- bers of any board authorized to levy taxes in any taxing dis- trict or of any officer solely charged with that duty therein that the rates of levy in the particular taxing district under con- sideration are so limited as to be insufficient for the raising of funds necessary to supply the needs of said taxing district for general maintenance expenses for the current tax year, such officers or officer shall have the authority to issue war- rants to meet such general maintenance expenses for the cur- rent tax year to the amount of money not exceeding twenty- five per cent of the amount of money which can be raised in such taxing district by using the rates limited by law: Pro- vided, That no such authority to issue warrants shall be exercised until an application for such exercise shall be made to the Tax Commission, which body, if the evidence submitted in support of the application shall show an emergency need for the issue of warrants for the said additional amount hereby authorized or any part thereof, is hereby empowered to order CH. 22] LEVIES. 201 the issuance of such warrants as may be shown to be neces- sary : And provided further, That at no time shall the issuance of such warrants authorized by the Tax Commission in any such taxing district exceed in amount twenty-five per cent of the amount of money that can be raised by taxation in any such district for the current tax year under the existing rates. (Laws 1919, ch. 310, sec. 1.) 594. Levy for Excess Warrants. That whenever any board or officer shall issue warrants under the authority pre- scribed in section 1 of this act, the said board or officer is authorized and empowered to fix rates of levy in such district which will raise an amount of money sufficient to pay and dis- charge such warrants. Such rate of levy shall be in addition to the rate authorized by law at the time of making such levy: Provided, That the amount of such warrants shall not exceed by more than twenty-five per cent the amount of money that could be raised by taxation in any such district for the year in which the indebtedness represented by the warrants was in- curred. (Laws 1919, ch. 310, sec. 2.) 202 LIBRARIES. [GH. 23 CHAPTER XXIIL Libraries. ARTICLE I. School-district Libraries. 595. School districts may vote a tax not to exceed two mills for district library. 596. The money so collected shall be used for no other purpose. 597. Librarian to be appointed by district board. 595. Library Fund. [9057] That the several school dis- tricts of the state may, at the annual meeting in each year, vote a tax 135 upon all the taxable property of the district, not to exceed two mills 135 on the dollar, which tax shall be certified by the district clerk to the county clerk, at the same time and manner as other school-district taxes are certified; and the county clerk shall place the same on the tax-roll of the county in a separate column, designating the purpose for which such tax was levied; and said tax shall be collected and paid over to the treasurer of said district in all respects as other school-district taxes are collected and paid : Provided, hoivever, That in the districts where the taxable property of the district is more than $20,000 and not more than $30,000, there shall not be levied more than one and one-half mills 136 on the dollar; and where the taxable property is more than $30,000 and not more than $50,000, there shall not be levied more than one mill 136 on the dollar ; and in all cases where the taxable property of the district shall exceed $50,000, there shall not be levied more than one-half mill 136 on the dollar. (Laws 1876, ch. 122, art. 8, sec. 1.) 596. How Used. That section 9058 of the General Stat- utes of Kansas for 1915 be amended to read as follows : Sec. 9058. That the money so collected shall be used under the direction of the board of directors for the purchasing of a school-district library, and for no other purpose; and the district board, in the purchase of books, shall be confined to works of arithmetic, geography, history, literature, biog- raphy, travels, science, and two monthly school journals, one to meet the needs of the primary classes and the other the more advanced and general needs. (Laws 1919, ch. 261, sec. 1.) 597. Librarian; Rules. [9059] The district clerk shall be the librarian, unless the board of directors shall appoint some other competent and suitable person who shall reside in the district to perform the duties of that office; and the board shall have power to make such rules and regulations in regard to the management of said library as they shall deem best, and they shall revise and change said rules from time to time as the necessities of the case may require. (Laws 1876, ch. 122, art. 8, sec. 3.) 135. The library tax is an additional levy. 136. Limited to twenty-five per cent of the above amounts by Laws 1909, ch. 245, sec. 25 (section 586 of this book). CH. 23] LIBRARIES. 203 ARTICLE II. Kansas State Traveling Libraries and Aplington Art Gallery. 598. Management of library. 600. Management of gallery. 599. Aplington art gallery. 598. Management of Library. [10463] That the Kansas Traveling Libraries Commission shall have the management of the traveling library department of the state library, shall make such rules for the government of such department and the use of the books and other property thereof as they may deem necessary, and, under such regulations as they may prescribe, they may send out temporarily from the miscel- laneous department of the state library such books (not in- cluding reference books or other books inappropriate for such purposes) as may be designated for that purpose by the di- rectors of the state library and any books specially given to or bought for such traveling libraries to any library in the state, or to any community or organization not yet having an estab- lished library but which has conformed to the conditions of said regulations of said commission, and such books, when so sent out to such library, community, or organization, shall be there kept for the use of the public, subject to such reason- able regulations with reference thereto as may be adopted by said commission. And said commission shall from time to time so send out and distribute such books throughout the state, and at suitable intervals change such distribution, in such manner as to secure to the greatest practicable degree the use and enjoyment of such books to the people of the entire state. Said commission shall be entitled to receive the assist- ance of the assistant librarian of the state library who is in charge of the miscellaneous department of the state library. (Laws 1899, ch. 163, sees. 3 and 4.) 599. Aplington Art Gallery. [10464] That the state of Kansas accepts the proffer made by the Kansas Federation of Women's Clubs, and takes the collection of carbon photo- graphic reproductions of the world's famous paintings for circulation amongst and for the use of the people of the state : Provided, That the collection shall be marked and known as "The Aplington art gallery." (Laws 1907, ch. 385, sec. 1.) 600. Management of Gallery [10465] That the Apling- ton art gallery is hereby constituted a part of the Kansas traveling libraries, and is placed under the direction and con- trol of the Kansas Traveling Libraries Commission, with the same powers, duties and restrictions as are provided for the care, circulation and distribution of books belonging to the Kansas traveling libraries by chapter 163, Laws of 1899. (Laws 1907, ch. 385, sec. 2.) 204 LIBRARIES. [CH. 23 ARTICLE III. Free Public Libraries. 601. Petition and election. ] 603. Use of excess of site fund. 602. Levy for purchase of site. 601. Petition and Election. That upon the written peti- tion of twenty-five per cent of the resident taxpayers of any city presented to the mayor and city council or mayor and com- missioners thereof, such mayor and council shall cause to be submitted to the legal voters of such city, at the first city elec- tion thereafter, or, if the petition so requests, at a special elec- tion to be called for that purpose, the question of the establish- ment and maintenance of a free public library and reading- room by such city; and if a majority of the votes cast at such election on such proposition shall be in favor of the establish- ment and maintenance of such library and reading room, the mayor and council or mayor and commissioners shall annually thereafter levy a tax in such sum as may be by resolution of the directors of the free library designated, not to exceed one mill on the dollar on all taxable property in such city subject to tax, to be levied and collected in a like manner with the other taxes of said city and to be known as the library fund : Pro- vided, That in cities having a population of 40,000 or more the, levy herein provided for shall not exceed one-fourth of one mill. (Laws 1919, ch. 112, sec. 1.) 602. Levy for Purchase of Site. That the mayor and council, or the mayor and commissioners, of any city of the second class, having and maintaining a free public library, and having an assessed valuation of the property in such city of not more than three million dollars, and not more than 2,500 in- habitants, are hereby authorized to levy an annual tax during the years 1919 and 1920 not to exceed one mill on such valua- tion for the purpose of producing a fund or the purchase of a site for a free library building, and the mayor and council, or mayor and commissioners, of such city are hereby authorized to purchase such site with the money thus produced. (Laws 1919, ch. 142, sec. 1.) 603. Use of Excess of Site Fund. That should the fund so produced be more than sufficient for the payment of such site, then the remainder of such fund shall become a part of and be credited to the library fund of such city, and there shall be no further levy thereafter. (Laws 1919, ch. 142, sec. 2.) CH. 24] NIGHT SCHOOLS. 205 CHAPTER XXIV. Night Schools. 604. School boards shall have power to establish night schools. 605. Cost paid from public-school fund. J606. Sessions; term. 607. Equipment ; rules and regulations. 608. Teachers: qualifications ; certificates. 604. School Boards Shall Have Power to Establish Night Schools. [9394] The school board of any district or the board of education of any city in this state shall have the power to establish and maintain free public night schools in connection with the public school of such district or city, for the instruc- tion. of persons of the age of fourteen years and over residing in said district or city, not required by law to attend the public day school therein : Provided, That it shall be the duty of such board to establish and maintain such public night school when- ever petitioned in writing therefor by the parents or guardians of ten persons eligible to attend said night school: Provided further, That said board may discontinue such n^ght school whenever the average nightly attendance thereof shall be not more than seven. (Laws 1913, ch. 267, sec. 1.) 605. Cost Paid from Public-school Fund. [9395] The cost of establishing and maintaining said public night school shall be paid from the public-school fund of said district or city and the said night school shall be a part of the public- school system, and governed, as far as practicable, in the same manner and by the same officers as provided by law for the government of the other public schools of this state : Provided, That nothing in this act shall be construed to change the law, not in conflict herewith, relating to the public day schools of this state : And provided further, That nothing in this act shall be held to compel attendance upon such public night school. (Laws 1913, ch. 267, sec. 2.) 606. Sessions; Term. That section 9396 of the General Statutes of the state of Kansas for 1915 be amended to read as follows: Sec. 9396. The sessions of said public night school shall be held at night on not less than three nights each week during the continuance of such schools in one or more of the regular class rooms in one or more of the public school build- ings of said district or city, and the term or terms of said public night school shall continue only during the term or terms of the regular public school in such district or city, saM term to com- mence at the discretion of the board of education and shall con- tinue for not less than five months, except as provided in sec- tion one of this act. (Laws 1919, ch. 271, sec. 1.) 607. Equipment; Rules and Regulations. [9397] The board, as far as practicable, shall furnish the same equipment used in the public day school of said district or city, and shall provide for the courses of study, rules and regulations, not in 206 NIGHT SCHOOLS. [CH. 24 conflict herewith, that it may deem best for such night school. (Laws 1913, ch. 267, sec. 4.) 608. Teachers; Qualifications; Certificates. [9398] The board shall hire one or more teachers, who may or may not be employed as a public-school teacher, having the like qualifi- cations, evidenced by the proper teacher's certificate, required by law for teachers in the public day school of such district or city, and shall pay said night school teacher a monthly salary, calculated upon the number of hours actually spent in teaching in said night school, and in the manner provided by law for the paying of teachers in the public schools of said district or city. (Laws 1913, ch. 267, sec. 5.) CH. 25] NORMAL INSTITUTES. 207 CHAPTER XXV. Normal Institutes. 613. County superintendent shall trans- mit funds. 614. Normal institute fund ; state appro- priation. 615. Disbursements. 616. Union institutes. 609. Normal institutes to be held an- nually ; term. 610. Conductors and instructors; certifi- cates. 611. Expenses; fees; county appropria- tion. 612. County treasurer custodian of fund. 609. Normal Institutes to be Held Annually; Term. [9024] The county superintendents of public instruction shall hold annually, in their respective counties, for a term of not less than five days nor more than twenty days, a normal insti- tute for the instruction of teachers and those desiring to teach : Provided, That two or more counties may be united in holding one normal institute, as provided in section 2, chapter 270, of the Session Laws of 1911. 137 (Laws 1915, ch. 304, sec. 1.) 610. Conductor and Instructors; Certificates. [9025] The county superintendent of public instruction, with the advice and consent of the state superintendent of public instruction, shall determine the time and place of holding such normal in- stitutes, and shall select a conductor and instructors for the same : Provided, That no person shall be paid from the insti- tute funds for services as conductor or instructor of said in- stitutes who has not received a certificate 138 from the state board of examiners as to his special qualifications for that work. (Laws 1877, ch. 136, sec: 2.) 611. Expenses; Fees; County Appropriation. [9026] To defray the expenses of said institute the county superintendent shall require the payment of a registration fee of one dollar for each person attending the institute and one dollar for each person writing in any examination for a teacher's certificate, and a fee of one dollar for each of the following: renewal of any first-grade certificate, the indorsement of any certificate issued in another county, the registration of normal training certificates and of all certificates or diplomas issued by the State Board of Education or by any of the state normal schools. For the further support of such institute the board of county commissioners shall appropriate such sum as they may deem necessary, not exceeding one 'hundred dollars in any one year : 137. Section 616 of this book. 138. The law does not forbid the county superintendent to permit a person who has not been authorized by the State Board of Education to instruct in his institute, but he can not pay for said services from the public fynds. Holders of special institute certificates must confine their instruction to the branches named in said special certificates. The county superintendent can conduct or instruct in his own institute without a certificate, but he can not legally draw pay for such service. 208 NORMAL INSTITUTES. [CH. 25 Provided, That the county commissioners may appropriate in addition to the amount hereinbefore mentioned such sum as may be necessary to meet any deficiency, not exceeding one hundred dollars in any one year. (Laws 1915, ch. 304, sec. 2.) 612. County Treasurer Custodian of Fund. [9027] The fund thus created shall be designated the "normal-institute fund/' and the county treasurer shall be the custodian of said fund. (Laws 1877, ch. 136, sec. 4.) 613. County Superintendent Shall Transmit Funds. [9028] The county superintendent shall, monthly, and at the close of each institute, transmit to the county treasurer all moneys received by him, as provided in section 3, 139 together with the name of each person so contributing, and the amount ; and the county treasurer shall place all such moneys to the credit of the "normal-institute fund." (Laws 1877, ch. 136, sec. 5.) 614. Normal-institute Fund ; State Appropriation. [9029] It shall be the duty of the state superintendent of public in- struction, annually, when twenty-five persons have registered as members of any normal institute organized under the pro- visions of this act and have paid the required registration fee, to certify the same to the auditor of state, who shall forward to the county treasurer of said county an order on the treas- urer of the state for the sum of fifty dollars, to be paid out of any money appropriated for that purpose; which amount tha county treasurer shall place to the credit of the "normal- institute fund" : Provided, That when two or more counties shall unite in holding a normal institute in accordance with the provisions of the next succeeding section, 140 and there shall be registered as members of such institute a number of per- sons which equals or exceeds the average of twenty-five for each county thus uniting, that said institute shall be entitled to receive the sum of fifty dollars for each county so united. (Laws 1911, ch. 270, sec. 1.) 615. Disbursements. [9030] All disbursements of the "normal-institute fund" shall be upon the order of the county superintendent, and no orders shall be drawn on said fund except for claims approved by the county superintendent, for services rendered or expenses incurred in connection with the normal institutes. 141 (Laws 1877, ch. 136, sec. 7.) 616. Union Institutes. [9031] Two or more counties each having less than 12,000 inhabitants may unite in holding one 139. Section 611 of this book. 140. Section 616 of this book. 141. It is unlawful for the county treasurer to pay an order on the "normal-institute fund" drawn "for services rendered," in favor of any person not holding the certificate of the State Board of Education for institute work. CH. 25] NORMAL INSTITUTES. 209 normal institute, with the consent and by the direction of the state superintendent of public instruction: Provided, That aside from determining the time and place of holding the nor- mal institute and contracting with a conductor and instructors for the same, the superintendent of the county in which the in- stitute shall be located shall be in charge of the same and di- rect and determine all matters of details; and such superin- tendent shall draw all orders upon the normal-institute fund as provided in the original act : And provided, That the treas- urer of the county in which such normal institute is held shall be the custodian of the "normal-institute fund" to whom -the state and county appropriations for the benefit of the normal institute shall be transmitted, and to whom the several county superintendents of the counties thus uniting shall transmit the fees collected, as provided in the original act: And provided further, That if a surplus should exist after payment of all the expenses of the normal institute the same shall be distributed equally among the normal-institute funds of the counties thus uniting. (Laws 1911, ch. 270, sec. 2.) 210 NORMAL TRAINING. [CH. 26 CHAPTER XXVL Normal Training. 617. Normal courses in high schools. 618. State aid. 619. Rules and regulations by State Board of Education. 620. Academies eligible. 621. Appropriation for normal training. 622. Appropriation for industrial training. 617. Normal Courses in High Schools. 142 [9389] That for the purpose of affording increased facilities for the pro- fessional training of those preparing to teach, and particularly those who are to have charge of our rural schools, the State Board of Education shall make provisions for normal courses of study and for normal training in such high schools as said Board of Education shall designate : Provided, That said high schools shall be selected and distributed with regard to their usefulness in supplying trained teachers for schools in all por- tions of the state and with regard to the number of teachers required for the schools in each portion of the state. (Laws 1909, ch. 212, sec. 1.) 618. State Aid. [9390] Each high school designated for normal training and meeting the requirements of the State Board of Education shall receive state aid to the amount of five hundred dollars per school year, to be paid in two equal installments, on the first day of March and the first day of June each year, from the state treasury, on a voucher certified to by its superintendent or principal and approved by the state superintendent of public instruction : Provided, That no part of such money received from the state shall be used for any other purpose than to pay teachers' wages: And provided further, That in case more than one high school in any one county shall establish a normal course in accordance with the provisions of this act and shall be accredited by the State Board of Educa- tion the total state aid distributed in such counties shall not exceed one thousand dollars, and in case there are more than two high schools in any one county designated and accredited by the said State Board of Education, state aid to an amount not exceeding one thousand dollars shall be equally divided among said schools. (Laws 1909, ch. 212, sec. 2.) 619. Rules and Regulations by State Board of Education. [9391] In order that a high school shall be eligible to receive state aid under this act it shall have in regular attendance in its normal-training courses at least ten students during each semester, and such normal-training work shall be given under such rules and regulations as the State Board of Education may prescribe, subject to the provisions of this act. (Laws 1909, ch. 212, sec. 3.) 142. For the provisions relating to normal training teachers' certifi- cates see section 68 of this book. CH. 26] NORMAL TRAINING. 211 620. Academies Eligible. [9392] Accredited academies are eligible to the operation of this act, except as to receiv- ing state aid. (Laws 1909, ch. 212, sec. 5.) 621. Appropriation for Normal Training. There is hereby appropriated for normal training courses in high schools, seventy-five thousand dollars ($75,000) for the fiscal year end- ing June 30, 1920, and seventy-five thousand dollars ($75,000) for the year ending June 30, 1921, or so much thereof as may be necessary to carry out the provisions of the normal train- ing act of 1909, being chapter 212 thereof, also provisions of the normal training act of 1911, being chapter 24 thereof , and the rules and regulations of the State Board of Education made in accordance therewith: Provided, No high schools situated in the cities having state normal schools shall receive such aid. (Laws 1919, ch. 52, sec. 1.) 622. Appropriation for Industrial Training. There is hereby appropriated for the fiscal year ending June 30, 1920, sixty thousand dollars ($60,000) and for the fiscal year ending June 30, 1921, sixty thousand dollars ($60,000) to be expended as follows, and to be distributed in the same manner as is pro- vided for the distribution of the state aid for normal training courses. Any high schools that now maintain a normal train- ing course under the provisions of chapter 212 of the Session Laws of 1909, and the 24th chapter of the Session Laws of 1911, or that shall put into operation such normal training course, shall be entitled to the sum of five hundred dollars ($500) per annum: Provided, That such schools shall also maintain courses in the elements of agriculture and domestic science under such provisions and regulations as may be estab- lished by the State Board of Education : And provided further, That no such school shall be eligible to the five hundred dollars ($500) annual state aid or any part thereof that shall not have at least ten pupils enrolled in such industrial courses each semester : Provided, That the money appropriated for the pur- poses of this act shall not be used to pay the salary and travel- ing expenses of high school inspection : Provided, That appli- cation for appointment herein shall be made not later than May 1st of each year: And provided further, That no appoint- ment shall be made until all schools eligible to receive aid are listed, and if the amounts of money appropriated under this act are not sufficient to meet the requirements as provided by law, then said distribution shall be prorated among all the high schools of the state making application therefor and being eligible to the appropriation provided for in this act. (Laws 1919, ch. 52, sec. 2.) 212 PATRIOTISM. [CH. 27 CHAPTER XXVII. Patriotism. ARTICLE I. Flag to be Furnished and Displayed. 1626. Duty of county superintendent. 627. Flag of bolshevism, anarchy and $623. Purchase and display of flag. 624. Flag for each room. 625. Rules and regulations for care and radical socialism forbidden. display of flag. 628. Penalty for display of forbidden flag. 623. Duty to Purchase and Display of Flag. That it shall be the duty of the school directors or boards of education of every public or proprietor of a private or parochial school in the several cities, counties, districts and school districts of this state to purchase a suitable United States flag, flagstaff and the necessary appliances therefor, and to display such flag upon or near the public, private or parochial school building or grounds belonging thereto in which school is held during school hours, and at such other times as such school directors, boards of edu- cation or proprietors may direct. (Laws 1919, ch. 274, sec. 1.) 624. Flag for Each Room. That it shall be the duty of the said school directors, or boards of education of every public or proprietor of a private or parochial school in the several cities, counties* districts and school districts of this state to purchase a suitable United States flag for each and every room of their respective school building or buildings and to keep such United States flag or flags in display in each such school room or rooms during the school hours and at such other times as such school directors or boards of education may direct. (Laws 1919, ch. 274, sec. 2.) 625. Rules and Regulations for Care and Display of Flag. That the said school directors or boards of education or pro- prietor of a private or parochial school shall establish rules and regulations for the proper custody, care and display of the said United States flag, and, when the weather will not permit it to be otherwise displayed, it shall be placed conspicuously in the principal room in the schoolhouse. (Laws 1919, ch. 274, sec. 3.) 626. Duty of County Superintendents. That it shall be the duty of the county superintendent of public instruction in each county of the state of Kansas to notify the principal or pro- prietor of such public, private or parochial school, having charge of such school buildings and grounds, to observe the provisions of section 1 of this act, and if after such notification the said principal or proprietor of such public, private or pa- rochial school shall fail to comply therewith for a period of thirty days, such principal or proprietor of such public, private or parochial school shall be judged guilty of misdemeanor, and upon conviction thereof shall be fined in a sum not less than $1 nor more than $5 for each thirty days thereafter that he shall CH. 27] PATRIOTISM. 213 continue to neglect to obey the provisions of this act. (Laws 1919, ch. 274, sec. 4.) 627. Flag of Bolshevism, Anarchy and Radical Socialism. That hereafter it shall be a felony for any person or persons, organization or body of persons to fly, to carry, to exhibit, or to display, or to assist in carrying, exhibiting or display- ing in this state any red flag, standard or banner distinctive of bolshevism, anarchy, or radical socialism, or any flag, stand- ard or banner of any color or design that is now or may here- after be designated by any bolshevistic, anarchistic or radical socialistic group, body, association or society of persons as the flag, standard or banner of bolshevism, anarchism or radical socialism. (Laws 1919, ch. 184, sec. 1.) 628. Penalty for Display of Forbidden Flag. That any person or persons who shall violate any provision of section 1 of this act shall, upon conviction of such violation, be punished by imprisonment in the State Penitentiary for a period of not less than eighteen (18) months nor more than three (3) years. (Laws 1919, ch. 184, sec. 2.) ARTICLE II. Patriotic Instruction. 629. Duty of state superintendent. 630. Patriotic exercises. 629. Duty of State Superintendent. [94471 It shall be the duty of the state superintendent of public instruction of this state to prepare for the use of the public schools of the state a program providing f6r a salute to the flag at the opening of each day of school, and such other patriotic exercises as may be deemed by him to be expedient, under such regulations and instructions as may best meet the varied requirements of the different grades in such schools. It shall also be his duty to make special provision for the observance of [in] such public schools of Lincoln's birthday, Washington's birthdav, Me- morial day (May 30), and Flag day (June 14), and such other legal holidays of like character as may be hereafter designated by law. (Laws 1907, ch. 319, sec. 3.) 630. Patriotic Exercises. [9448] The state superintend- ent of public instruction is hereby authorized and directed to procure and provide the necessary and appropriate instruc- tions for developing and encouraging such patriotic exercises in the public schools, and the state printer is hereby author- ized and directed to do such printing and binding as may be- come necessary for the efficient and faithful carrying out of the purposes of this act. (Laws 1907, ch. 319, sec. 4.) 214 RETIREMENT FUND. [CH. 28 CHAPTER XXVIII. Retirement Fund. J631. Creation and maintenance. 632. Disbursement. 633. Retirement with thirty years' ex- perience. 634. Retirement on account of disability or incapacity. 635. Refund or transfer of fumls. 636. Term "teacher" defined. 637. Duty of treasurer. 638. Exemption. 639. Rules and regulations. 631. Creation and Maintenance, [911.6] In any city of the first class in the state of Kansas there may be created by the board of education of such city a public-school teachers' retire- ment fund, which fund, when created, and the management and disbursement thereof, shall be under the control of the board of education of such city. Such retirement fund shall be created and maintained in the following manner: First, by an assessment of not less than one per cent nor more than one and one-half per cent of every installment of salary paid to a teacher employed in such city ; second, by the setting aside from the general fund for the support of the schools in such city, of an amount which shall be not less than one and one- half times the amount of salary assessments, and not less than the amount necessary to meet the payments herein provided for ; third, by the receipt, by the gift or otherwise of any real, personal or mixed property or any interest therein. (Laws 1911, ch. 280, sec. 1.) 632. Disbursement. [9117] Such a retirement fund when thus created and maintained, or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth ; and any surplus of fund not needed for immediate dis- bursement may be invested by the board of education of such city, acting as trustees of such fund, in any bonds approved by the State School-fund Commission. (Laws 1911, ch. 280, sec. 2.) 633. Retirement with Thirty Years' Experience. [9118] Any teacher who has been credited under the rules and regula- tions of such board of education with an aggregate of thirty years of teaching experience may be retired by such board of education. Any teacher so retired under the foregoing pro- visions of this section, provided that at least fifteen years of such accredited teaching experience shall have been in the public schools of such cities of the first class, shall be entitled to receive from such retirement fund, so long as such teacher may live, equal monthly payments, which shall aggregate $500 per annum: Provided, however, That no one shall receive such pension without paying into the fund therefor, by way of as- sessment or otherwise, not less than one-half of the amount of the first annual pension to which such person shall be entitled. And in order to make up such one-half the board of education may provide for any deficiency by deducting the necessary CH. 28] RETIREMENT FUND. 215 amount from the first year's pension payments in equal amounts each month. (Laws 1911, ch. 280, sec. 3.) 634. Retirement on Account of Disability or Incapacity. [9119] Any teacher who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five or more years of teaching experience may be retired by such board of education on account of disability or incapacity, physical or otherwise. Any teacher so retired, pro- vided that at least fifteen years of such accredited teaching experience shall have been in the public schools of cities of the first class, shall be entitled to receive from such retirement fund, during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of $500 as the number of years of such accredited teaching experience of the beneficiary shall bear to the term of thirty years. Any teacher so retired may, at the discretion of the board of educa- tion, should such teacher's incapacity or disability be removed, be reinstated as a teacher, and any right to any payment from this fund until such teacher again be retired shall cease with such reinstatement. And shall any teacher be so reinstated the years of such retirement shall be included in arriving at the term of service when such teacher may again be retired, but no credit for such years of retirement shall be given in .arriv- ing at the amount such teacher shall be entitled to receive from the retirement fund. (Laws 1911, ch. 280, sec. 4.) 635. Refund or Transfer of Funds. [9120] If at any time a teacher who is willing to continue is not reemployed or is discharged before the time when he or she would under the provisions of this act be entitled to a pension, then such teacher shall be paid back at once the money he or she may have con- tributed under this act. Should a teacher duly accredited in a city of the first class accept service in the public schools of of any other city of the first class, a sum equivalent to all pay- ments made by such teacher into the retirement fund shall be transferred to the retirement fund of the city in which such service is accepted. Any teacher who shall retire voluntarily from the service shall receive a refund of one-half of the money he or she shall have contributed under this act. And should any teacher die before receiving any of the benefits or pensions by this act provided the board of education shall pay to such teacher's heirs or estate one-half of the amount, with- out interest, which shall have been paid into such pension fund by said teacher. (Laws 1911, ch. 280, sec. 5.) 636. Term "Teacher" Defined. [9121] In construing this act, the word "teacher" shall include all members of the teach- ing staff employed by the board of education of such city, which shall include superintendents, supervisors, and assistants to the superintendent of instruction, principals, and teachers. (Laws 1911, ch. 280, sec. 6.) 216 RETIREMENT FUND. [CH. 28 637. Duty of Treasurer. [9122] It is hereby made the duty of the treasurer of such city to keep any fund arising under the provisions of this act as a separate fund, and to dis- burse the same in accordance with the instructions and orders of the board of education of such city. (Laws 1911, ch. 280, sec. 7.) 638. Exemption. [9123] After said retirement fund shall be created by said board of education of such city, the salary of any teacher regularly employed by such city shall be ex- empt from the provisions of this act, provided such teacher shall make a request in writing for such exemption and file the same with the board of education of such city within one month after such teacher shall enter upon such regular employment as a teacher, and such request, when filed with the board of educa- tion of such city, shall constitute a waiver and a bar to the receipt of any benefits from the retirement fund herein pro- vided for. (Laws 1911, ch. 280, sec. 8.) 639. Rules and Regulations. [9124] The board of educa- tion shall have power to adopt rules and regulations for the carrying out of the purposes of this act not in conflict there- with. (Laws 1911, ch. 280, sec. 9.) CH. 29] SCHOOL-FUND COMMISSIONERS. 217 CHAPTER XXIX. School-fund Commissioners. State and county superintendent to give notice of unclaimed estates. Probate judge to give notice. County attorney to investigate. Expense of inquiry. Unlawful to act as private attorney. Duty of attorney-general. All bonds belonging to state perma- nent school fund shall be consoli- dated. Consolidated bonds shall be regis- tered. Registration of bonds belonging to school fund. Registration of bonds purchased. State treasurer's statement to state auditor. Cancellation of bonds paid. Comparison of registers kept by auditor and treasurer. Penalty for delinquency of state treasurer. Exchange of bonds. How funding bonds are to be stamped. .Record of proceedings. 640. Board of school-fund commissioners, I 659. how composed and organized. 641. Meetings. 660. 642. Record of school-fund commissioners, j 661. 643. Register of bonds offered and bought. I 662. 644. Investment of funds. 663. 645. Quorum. 664. 646. Record of the condition of funds. 665. 647. Where the records shall be kept. 648. Orders to be drawn in payment for bonds purchased. 666. 649. The state treasurer shall be cus- todian. 667. 650. Separate accounts. 651. The commissioners shall collect mon- 668. eys due different funds. 669. 652. Must offer bonds to commission. 653. May purchase at lower interest. 670. 654. Office of loan commissioner of State 671. Agricultural College abolished. 655. Compensation of board. 672. 656. Where person dies without heir and will, county superintendent may 673. file petition in probate court. 674. h37. Probate court to order sale of estate described in petition. 075. <>58. Proceeds of sale paid through county treasurer into state permanent school fund. 640. School-fund* Commissioners. [10873] The state superintendent of public instruction, secretary of state and at- torney-general shall constitute a board of commissioners for the management and investment of the state permanent school, State Normal School and State University funds. Such board shall be organized as follows : The secretary of state shall be the president of such board, and the state superintendent of public instruction shall be the secretary thereof. In the ab- sence of either of said officers, the attorney-general shall act as president, or as secretary, as the case may require. Such commissioners, when acting as such, must act personally. No member thereof can be represented in such board by any as- sistant or clerk in the office of which such member is the chief officer. (Laws 1879, ch. 166, sec. 113.) 641. Meetings. [10874] Such board of commissioners shall meet regularly in the office of the state superintendent of public instruction, on the last Saturday of each month, at ten o'clock a. m. Special meeings of the board may be held at any time at the call of any member. (Laws 1879, ch. 166, sec. 114.) 642. Records. [10875] Said commissioners shall keep in a suitable book a full and correct record of all their proceed- ings at every session of the board, which shall include all of the matters required to be recorded as hereinafter specified in this act, and which record, at the close of each session, shall 'be signed by the president and secretary. (Laws 1905, ch. 472, sec. 1.) 218 SCHOOL-FUND COMMISSIONERS. [CH. 29 643. Register of Bonds Offered and Bought. [10876] They shall also keep such other books as may be necessary to properly register and describe all bonds offered to them and all bonds bought by them for the benefit of the permanent school, State Agricultural, State Normal and State University funds, or either. Such record-books shall be ruled so as to en- able the board to register the name and residence of the person offering to sell any such bonds, the price at which bonds were offered, the name and residence or location of the owner or municipal corporation for whom such offer is made, and a full detailed description of every bond so offered, including the date, number, series, amount and rate of interest of each bond, and when the interest and principal, respectively, are payable, and the date, amount and number of each coupon, and when payable, the name, residence and post-office address of the owner, the name, residence and post-office address of the agent or attorney representing the owner of such bonds, what dis- position the owner of the bonds claims has been made of the missing coupons, if any; and upon the presentation of any bond or bonds for the purchase by the School-fund Commis- sion, such bond or bonds, together with the record of the pro- ceedings connected with the issuance of such bond or bonds, shall first be submitted to the attorney-general for his opinion as to the validity thereof. It shall be the duty of the attorney- general to immediately examine such bond or bonds and pro- ceedings, and report thereon in writing to the School-fund Commission as to their validity. Upon receipt of such opinion, and before the board shall act upon the question of purchasing such bond or bonds, if the attorney-general approves them as valid, then the record hereinbefore provided for shall be made, and such record shall include the opinion of the attorney-gen- eral as to the validity thereof. (Laws 1905, ch. 472, sec. 2.) 644. Investment of Funds. [10877] Said board of com- missioners shall have the power, and it is hereby made their duty, from time to time, to invest any moneys belonging to the permanent school fund, State Agricultural College, State Normal and State University funds in the bonds of the United States, or bonds of the state of Kansas, or bonds of any mu- nicipality of the state of Kansas, school-district bonds, bonds of boards of education, and in the warrants issued by the audi- tor of state on the state treasurer and by him stamped "Not paid for want of funds." In making such investment, they shall not pay for any such bonds or warrants any greater sum than par, nor more than the actual market price thereof at the time of purchasing the same, less than par ; and whenever any municipality of the state of Kansas shall offer its bonds for sale the state school-fund commissioners shall have the power to buy the same, if the validity thereof shall have been approved by the attorney-general : Provided, That the commissioners CH. 29] SCHOOL-FUND COMMISSIONERS. 219 shall not invest in any other bonds which, together with other outstanding bonded indebtedness, shall exceed fifteen per cent of the assessed valuation of said municipality as returned and fixed by such municipality. (Laws 1905, ch. 472, sec. 3.) 645. Quorum. [10878] Any two members of said board shall constitute a quorum. But such board shall not purchase any school-district bond or bonds except at a legal session thereof, nor unless every member of the board is notified in -time to be present at such meeting, and notified also that the question of purchasing such bonds is to be considered thereat, designating the bonds. (Laws 1879, ch. 166, sec. 118.) 646. Record of Funds. [10879] Said commissioners shall keep a record showing a detailed statement of the condition of the state permanent school fund, State Agricultural, State Nor- mal and State University funds under their control, amount of each fund, how invested, when due, interest paid, and every other act in any manner connected with the management and investment of said funds; and the state superintendent of public instruction shall biennially report all such investments to the governor, to be laid before the legislature, and shall also cause to be published at the end of each quarter of the calendar year, in the official state paper, a statement of the amount of each of such funds then on hand, the amount of each fund in- vested during this quarter, and a full description of the said bonds bought for each fund, date of such bonds, amount, rate of interest, when payable, number of coupons attached when bought, from whom purchased, and the price or rate paid there- for. (Laws 1905, ch. 472, sec. 4.) 647. Where Records Shall be Kept. [10880] All the record-books and records of such board shall be kept in the office of the state superintendent of public instruction, but the same shall be open during office hours for the inspection of every citizen of the state of Kansas. (Laws 1905, ch. 472, sec. 5.) 648. Orders Drawn. [10881] In the investment of the state permanent school, State Agricultural, State Normal and State University funds, the commissioners are hereby author- ized to draw their orders on the state treasurer, payable out of the fund invested, for the purchase-price of the bond, bonds, or warrants, which orders, previous to their delivery, shall be registered in the state treasurer's office in a book provided for that purpose. Such orders shall not be drawn until the bonds purchased for which the order is drawn shall have been de- livered to the state auditor for record and stamped as herein provided. Immediately upon the receipt of such bonds, the state auditor shall cause each bond and coupon to be plainly stamped upon the back thereof, "Property of the state - fund, nonnegotiable and nontransferable," with the name of 220 SCHOOL-FUND COMMISSIONERS. [CH. 29 the fund for which such bond is purchased. He will also cause to be made in a book kept for that purpose a record of each of such bonds and each coupon thereto attached, which record shall show amount, date and rate of interest of such bond, when and where payable, the date, amount and number of each coupon and when payable. Whenever any bond or coupon shall have been paid, and one of the duplicate receipts there- for, issued by the state treasurer, shall have been received by the auditor of state, he shall credit such bond or coupon and charge the state treasurer with the amount so received. Semi- annually, on the 1st day of March and September of each' year, the state auditor shall compare said record with the similar record herewith required to be kept by the state treasurer and verify the same. (Laws 1905, ch. 472, sec. 6.) 649. State Treasurer Shall be Custodian. [10882] All moneys belonging to the state permanent school, State Agri- cultural, State Normal and State University funds shall be paid to and held by the state treasurer, and shall be subject to the order of the Board of School-fund Commissioners. The state treasurer shall also be the custodian of all bonds, notes, mortgages and evidences of debt arising out of the manage- ment and investment of the state permanent school, State Agricultural, State Normal and State University funds by said board of commissioners. Immediately upon the receipt by the state treasurer from the auditor of state of any bond, coupon or warrant stamped as herein required and purchased by the State School-fund [Commissioners] for any of the said funds, it shall be the duty of the state treasurer to immediately cause to be recorded, in a book to be kept for that purpose, a detailed description of such bond, coupon, or warrant, showing the date thereof, amount, when payable, rate of interest, number, by whom issued, where payable, and shall give to the auditor of state his receipt therefor. Whenever any such bond, coupon or warrant is paid, the state treasurer shall credit upon such record the amount of such payment and charge himself w r ith the money, and shall issue his receipt for said sum in dupli- cate, one copy of which shall be transmitted to the auditor of state. (Laws 1905, ch. 472, sec. 7.) 650. Separate Account. [9275] He shall keep in a sepa- rate book an account of all school moneys received by him, dis- tinguishing between the perpetual fund and the annual fund for disbursement, and shall report to the state superintendent on the 1st day of February and 1st day of August of each year the amount of money in his hands belonging to the permanent school fund and subject to investments, and on the 1st day of March and on the 25th day of July of each year the state treasurer shall report to the superintendent of public instruc- tion the amount of money in the treasury belonging to the an- CM. 29] SCHOOL-FUND COMMISSIONERS. 221 nual school fund and subject to disbursement on the semi- annual dividends. (Laws 1876, ch. 122, art. 16, sec. 3.) 051. Collection of Moneys. [10883] It shall be the duty of said board of commissioners, from time to time, as soon as may be practicable, to collect all moneys due and owing to the state permanent school, State Agricultural, State Normal and State University funds, and make investments of the same as herein required. If any such moneys shall remain unpaid for thirty days after the same become due and payable, the commissioners shall notify the attorney-general of that fact, and it shall then be his duty to then proceed to collect the same by civil action, to be brought and prosecuted in the name of the state. (Laws 1905, ch. 472, sec. 8.) 652. Must Offer Bonds to Board. [10884] That the sev- eral municipal officers who have charge of the sale of any bonds hereafter to be issued, which the board of commissioners of the state permanent school fund are authorized to purchase under the law, are hereby directed to sell such bonds to said board of commissioners of the state permanent school fund, if it will pay par for the same; and it shall be unlawful for any such municipal boards, members thereof or other mu- nicipal officers to sell any such bonds without having first offered such bonds to said board of commissioners of the state permanent school fund ; and every municipal board or member thereof, or other municipal officer, who shall sell any such bonds to any other person at any price, without having first given the board of commissioners of the state permanent school fund an opportunity to purchase same, as hereinbefore provided, and every other officer violating the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding six months, and shall forfeit his office. (Laws 1905, ch. 472, sec. 9.) 653. May Purchase at Lower Interest. [10885] Said School-fund Commissioners may in their discretion agree with the parties offering bonds to take such bonds at par at a lower rate of interest than the interest stipulated in the bonds and coupons thereto attached. In case any such bonds so pur- chased by said board of commissioners provide for a higher rate of interest than the rate of interest at which they are purchased by said board, the rate at which they are purchased shall be distinctly noted upon such bonds and the coupons thereto attached, and the amount of such coupons shall be re- duced accordingly, and the same notation shall be made on the record of such bonds kept in the office of such board. (Laws 1905, ch. 472, sec. 10.) 654. Office of Loan Commissioner Abolished. [10886 and 10887] The loan commissioner for the board of regents of the SCHOOL-FUND COMMISSIONERS. [CH. 29 State Agricultural College shall, immediately upon the taking effect of this act, deliver to the state treasurer all moneys, evi- dences of indebtedness, securities, books and records belonging or appertaining to the State Agricultural College fund, and shall take the receipt of the treasurer therefor. All moneys belonging to said funds and so delivered to the state treasurer shall become subject to the provisions of this act. It shall be the duty of the said board of regents and the state accountant, immediately upon the taking effect of this act, to make final settlement with the loan commissioner, to close the accounts thereof with said loan commissioner, and the office of said loan commissioner is hereby abolished. (Laws 1905, ch. 472, sec. 11.) 655. Compensation. [9242] Said board of commissioners shall receive such pay for their services as may be prescribed by law. (Laws 1876, ch. 122, art. 15, sec. 6.) 656. Unclaimed Estates. [9244] In all cases where per- sons die without heirs and intestate, it shall be lawful for the superintendent of public instruction of the county where any land lies, belonging to the estate of such person dying without heir and will, after a lapse of three years from the date of let- ters of administration upon such estate, to file a petition in the probate court of the county granting such letters, setting forth in said petition (1) that such deceased person died without heirs, and intestate; (2) that three years have elapsed since the date of letters of administration; (3) a description of the real estate; (4) that no debts remain unpaid of this estate not barred by the statute of limitation. Such petition shall be veri- fied by the affidavit of the county superintendent of public in- struction, or by some person who has knowledge of the fact. (Laws 1876, ch. 122, art. 15, sec. 8.) 657. Sale of Real Estate. [9245] It shall be the duty of the probate court, on the filing of the petition mentioned in the preceding section, and being satisfied that the facts stated in said petition are true, to issue an order to the administrator to sell the real estate described in such petition, in the same manner as real estate is sold by administrators for the pay- ment of debts due from deceased persons; and the same pro- ceedings shall be had in confirming the sale and the execution of the deed by the administrator as are provided by law for the sale of real estate for the payment of the debts of any de- ceased person. (Laws 1876, ch. 122, art. 15, sec. 9.) 658. Proceeds of Sale. [9246] It shall be the duty of the administrator, after the payment of the costs of said petition and making said sale and six per cent commission to such ad- ministrator, to pay the county treasurer of the county where the land is situated the remainder of the purchase money for the benefit of the common schools of the state, and shall take CH. 29] SCHOOL-FUND COMMISSIONERS. 223 duplicate receipts therefor ; and it shall be his duty to file one of such duplicates with the probate court o the proper county. If, at any time within twenty-one years after the date of pay- ment of said money to the county treasurer, any person shall appear and claim said money as the rightful heir to said estate, and shall prove heirship satisfactory to the probate court, the judge of said court shall so certify, and the state treasurer shall pay over to such claimant the sum so received from the county treasurer from such estate. (Laws 1876, ch. 122, art. 15, sec. 10.) 659. State and County Superintendents to Give Notice of Unclaimed Estates. [9247] That it shall be the duty of the state superintendent of public instruction and the county su- perintendent of public instruction whenever they, or either of them, have notice or knowledge of the existence of an estate of a person who has died without heir or bona fide will to notify the county attorney of the county in which the estate or any part of it is located, and to notify the attorney-general in like manner. (Laws 1913, ch. 273, sec. 1.) 660. Probate Judge to Give Notice. [9248] Whenever it shall come to the notice of the probate judge that an estate of a deceased person is being administered under the supervision of his court, and the heirs or devisees, or pretended heirs or pre- tended devisees, are unknown to the probate judge, it shall be the duty of such probate judge to notify the county attorney of the fact of such administration and to notify the attorney-gen- eral in like manner. (Laws 1913, ch. 273, sec. 2.) 661. County Attorney to Investigate. [9249-] Whenever it shall come to the notice of the county attorney that there exists in his county the estate of a person who has died without heir or will, it shall be his duty to investigate and closely scrutinize the claims of such claimants, and to prevent the spoliation of such estates by fraudulent claimants, and to con- serve and secure all such estates for the benefit of the school fund where the claimants are not entitled thereto. (Laws 1913, ch. 273, sec. 3.) 662. Expense of Inquiry. [9250] Whenever in the opinion of the probate judge the interests of the school fund so re- quire, the probate court may make an allowance out of the estate to defray the reasonable expenses of the county attor- ney in making inquiries and in the examination of witnesses touching the rights of claimants to the estate of any such de- ceased person; but no expense to the estate shall be incurred under the provisions of this act where there are one or more heirs or devisees residing in the county, or where any one or more of the heirs or devisees are personally known to the pro- bate judge. (Laws 1913, ch. 273, sec. 4.) 663. Unlawful to Act as Private Attorney. [9251] It shall be unlawful for either the attorney-general or county 224 SCHOOL-FUND COMMISSIONERS. [CH. 29 attorney to be employed as a private attorney in behalf of any pretended heir or devisee not residing in the county where the estate is located in any matter or proceeding before the probate court or where the rights of such pretended heir or devisee may be affected by the judgment or opinion of any court thereon. (Laws 1913, ch. 273, sec. 5.) 664. Duty of Attorney-general. [9252] It shall be the duty of the attorney-general to see that this act is enforced and obeyed, and whenever in his opinion, or in the opinion of the governor, the public interests require it, the attorney- general may supersede the county attorney and perform his duties in the prosecution or defense of the interests of the school fund under this act. (Laws 1913, ch. 273, sec. 6.) 665. Consolidation of Bonds. [9253] It is hereby made the duty of the School-fund Commissioners to consolidate all state bonds now belonging to or hereafter coming into pos- session of the permanent school fund, in the following man- ner, to wit : All bonds falling due on the same date and bear- ing the same rate of interest shall be consolidated into one bond, of equal amount to the bonds so consolidated; and cou- pons of interest shall be attached thereto, of equal amount to the consolidated coupons, and payable in the same manner as the coupons of the bonds so consolidated ; such consolidated bonds shall be made out by the auditor of state, signed by the governor, and attested by the secretary of state, and shall be made payable to the permanent school fund of the state of Kansas, and shall have imprinted on their face the words, "Not transferable." All bonds presented by the School-fund Commissioners shall, in their presence, be canceled and de- stroyed by the auditor of state, after a consolidated bond shall have been issued for the same. (Laws 1876, ch. 122, art. 15, sec. 11.) 666. Registry of Consolidated Bonds. [9254] All consoli- dated bonds shall be registered by the auditor as other state bonds now are registered. (Laws 1876, ch. 122, art. 15, sec. 12.) 667. Registration of Bonds Belonging to School Fund. [9260] Immediately after the passage of this act, it shall be the duty of the auditor of state to prepare a register of all bonds belonging to the permanent school fund. (Laws 1877, ch..!72, sec. 1.) 668. Registration of Bonds Purchased. [9261] That it shall hereafter be the duty of the commissioners of the per- manent school fund to present to the auditor of state all bonds which may hereafter be purchased by them prior to the de- posit of the same with the state treasurer, and it shall be the duty of the auditor to register all bonds so presented. (Laws 1877, ch. 172, sec. 2.) CM. 29] SCHOOL-FUND COMMISSIONERS. 225 669. Treasurer's Statement. [9262] That it shall be the duty of the state treasurer, immediately after collecting any interest on such bonds or the principal of the same, to file with the auditor a detailed statement or statements of the amount or amounts so collected stating the name of the county, the number of the district, the number of the coupons or bonds paid by such district and the amount paid ; and the said treasurer shall cancel on the register in his office all coupons and bonds so paid. (Laws 1877, ch. 172, sec. 4.) 670. Cancellation of Bonds and Coupons. [9263] That immediately after the filing of such statement or statements by the treasurer, the auditor shall cancel such coupons or bonds as are designated in said statement or statements upon the register in his office, and charge the treasurer with the amounts. (Laws 1877, ch. 172, sec. 5.) 671. Bonds to be Compared. [9264] That it shall be the duty of the auditor of state, on the first Monday in August of each year, to compare the register kept by him with the bonds in the treasurer's office, and shall at the time of com- paring such register require the treasurer to produce all cou- pons and bonds remaining unpaid which shall be compared with the register. (Laws 1877, ch. 172, sec. 6.) 672. Penalty. [9265] That any state treasurer who shall fail or refuse to comply with the provisions of section 3 and section 5 of this act 143 shall be deemed guilty of having con- verted the same to his own use, and shall upon conviction be subject to all the penalties provided for in section 56 of chap- ter 102, General Statutes of the state of Kansas. (Laws 1877, ch. 172, sec. 7.) 673. Exchange of Bonds. [9266] The board of commis- sioners for the management of the state permanent school fund shall have the power to exchange any school-district or board- of-education bonds belonging to the permanent school funds now in the state treasury for other bonds of the same district or board of education bearing a lower rate of interest and running a longer time than the bonds exchanged, upon the application of the proper officers of such school district or board of education : Provided, That they shall not receive any funding bonds running a less time than five years : And pro- vided further, That the rate of interest on bonds so accepted by said commission shall not be less than four per cent. (Laws 1907, ch. 377, sec. 1.) 674. Funding Bonds to be Stamped. [9267] All bonds accepted as funding bonds by the board of commissioners shall be stamped by the auditor and deposited with the state treas- urer, and the auditor shall charge the treasurer with the amount in the same manner as though said bonds had been purchased for cash. (Laws 1879, ch. 160, sec. 5.) 143. Section 670 of this book. 8 School Laws 2728 226 SCHOOL-FUND COMMISSIONERS. [CH. 29 675. Record of Proceedings. [9268] The said board of commissioners, after having examined and accepted any fund- ing bonds as contemplated in section 1 of this act, shall make a certificate in duplicate, directed to the state treasurer, stat- ing that they have examined and accepted the funding bonds of school district No. , of the county of , or board of education of the city of , for the sum of dollars, in lieu of bonds numbered ' for like amount issued by said district or board of education, now in the state treasury, and belonging to the fund, and the treasurer of state is authorized to cancel and return the bonds so funded, together with the coupons attached thereto, and not matured, to the proper officer of the county, city or school district, which said certificate shall be signed by a majority of the said commis- sioners, one of which shall be filed with the auditor of state and the other delivered to the state treasurer. (Laws 1879, ch. 160, sec. 3.) CH. 30] STATE ANNUAL SCHOOL FUND. 227 CHAPTER XXX. State Annual School Fund. 680. County treasurer, upon proper ap- plication, shall pay over moneys to district treasurer. 681. Each insurance company doing.busi- ness in the state shall annually pay fifty dollars into the annual school fund. 676. State annual school fund shall con- sist of what. 677. State treasurer hold annual school fund subject to order of state su- perintendent. 678. Treasurer shall pay county treasurer on order of state superintendent. 679. County treasurer shall apply to state treasurer for school moneys ap- portioned to county. 676. Shall Consist of What. [9273] The state annual school fund shall consist of the annual income derived from the interest and rents of the perpetual school fund, as provided in the constitution of the state. (Laws 1879, ch. 149, sec. 4, March 13.) 677. State Treasurer. [9274] The state treasurer shall receive all the annual income of the state appropriated for the annual support of schools, whether derived from the interest of moneys loaned, rents of school lands, or annual tax, and hold the same subject to the order of the state superintendent of public instruction. (Laws 1876, ch. 122, art. 16, sec. 2.) 678. Payment. [9276] He shall pay over to the treas- urer of each county, on application, the amount of school money due to said county, on order of the state superintendent of public instruction. (Laws 1876, ch. 122, art. 16, sec. 4.) 679. County Treasurer. [9278] The treasurer of each county shall apply for and receive of the state treasurer the school moneys apportioned to his county as soon as the same shall become payable. (Laws 1876, ch. 122, art. 16, sec. 6.) 680. Pay to the District Treasurer. [9279] Each county treasurer receiving such moneys shall, upon proper application of the district treasurer of any district, pay over to the said district treasurer the amount apportioned to the district by the county superintendent. (Laws 1876, ch. 122, art. 16, sec. 7.) 681. Insurance Companies. [9280] . . . Every in- surance company doing business in this state shall, in addition to the fees required by this act (chapter 93, Laws 1871), pay into the state treasury, for the benefit of the annual school fund, the sum of fifty dollars each year. (Laws 1876, ch. 122, art. 16, sec. 8.) 228 DEPARTMENT OF EDUCATION. [CH. 31 CHAPTER XXXI. State Department of Education. 682. State department of publi-; instruc- tion constituted. 683. General duties of state superintend- ent. 684." Oath and bond. 685. Salary. 686. Assistant, A<;1: SK <- life diplomas 34 66 registration by county superintendent or clerk 41 89 registration by state superintendent 40 87 renewal: lapsed certificates 42 93 permanent 34 64 permanent elementary 36 70 special certificates 35 67 three-year certificates . . . 33 63 34 65 36 69 revocation 48 114 signed by state superintendent 40 87 special certificates 35 67 agriculture 35 67 commercial branches 35 67 domestic art 35 67 domestic science 35 67 drawing 35 67 kindergarten 35 67 manual training 35 67 music 35 67 physical training 35 67 State Board of Education may issue 33 62 231 697 temporary certificates 37 73 three-year elementary 36 69 three-year renewable for life 34 65 three-year renewable for three-year periods 33 63 valid, where 33 62 void, when 42 93 State Normal School certificates: certificates issued before September 1,1916 40 85 common-school certificate 39 80 diploma 40 84 diploma a legal certificate 39 80 life certificate 40 83 one-year certificate 39 81 registration 41 89 special certificates 40 86 three-year certificates 40 82 Challenge, voter at district meeting 115 319 Chancellor State University, member State Board of Education . . 231 696 Change of site 122 336 Charts: purchase without approval, penalty 243 719 sale without approval, penalty 243 717 Child labor: children under fourteen 50 children under sixteen 50 117 hours of employment 50 118 public notice 50 120 penalty 52 127 work permits: blanks furnished 52 123 issued, when 51 121 kept on file 50 119 returned 52 124 revoked.. 52 125 verified.. 51 122 INDEX. 263 Children: PAGE SEC. arrested children under sixteen years of age 189 553 jurisdiction of juvenile court 189 553 attendance at school compulsory 85 237 children in asylums to be educated 89 245 detention home for homeless 192 564 delinquent children 185 545 care 188 551 care to be parental 190 557 committed to care of probation officer 188 551 custody 187 548 custody revoked 188 552 dependent or neglected children 185 544 adoption 187 550 care 187 549 custody 191 560 custody revoked . 188 552 jurisdiction of juvenile court 194 571 employment 50 116 children under fourteen . 50 116 children under sixteen 50 117 penalty 52 127 exclusion of children under seven years, cities second class... . 72 190 incapacitated, exempt from school attendance 85 237 Cigarettes, unlawful to sell or give away 246 726 Cities 53 Cities of the first and second class 53 Cities of the first class 60 adjacent territory attached 60 146 annual report, board of education 64 board of education 53 128 limitations in certain cities 198 589 bonds 65 168 bonds, cities less than 16,000 population 70 185 denominations 71 186 payment 71 186 sold at par 71 187 tax for interest and sinking fund 71 188 warrants delivered 71 187 bonds for outstanding warrants 70 city composes school district 63 157 definition, city first class 60 145 dental inspection, cities of 40,000 64 certificate of inspection 65 employment of dentists 65 regulations 65 election, board of education 54 eminent domain, right of 56 examining committee 55 expenditures, board of education; contracts 64 162 fire marshal shall inspect school buildings 145 free textbooks provided if authorized by vote 2 high-school extension 177 522 high-school teachers 37 71 investment of sinking fund 67 172 limit tax levy, board of education 63 minimum term of eight months 117 money levied to pay coupons 69 night schools 205 604 nomination and election, board of education penalty for refusal to levy tax for payment of coupons 69 playgrounds, purchase or lease property appraised and condemned for school purposes 56 264 INDEX. Cities of the first class continued. PAGE SEC. registration of certificates 41 89 religious doctrine ; 64 163 right of eminent domain 56 136 sale of property 64 159 school buildings may be opened for certain uses 56 135 school fund depositories 58 142 school property exempt from taxation 64 164 school property held by board of education 64 158 sectarian doctrine 64 163 separate district or truancy act 87 239 separate schools for white and colored children 61 147 superintendent of schools 55 133 taxation: annual levy for support of schools 62 154 interest coupons, refunding bonds 68 178 interest and sinking fund 66 171 limitations 63 155 limitations in certain cities 198 589 playgrounds 60 144 (See, also, Taxation, cities first class.) taxes subject to order of board of education 63 156 teachers' retirement fund 214 631 territory annexed, indebtedness 124 340 title to condemned land, appeal 58 139 treasurer board of education 62 151 truant officer 87 239 vacancy in board of education 53 129 vacancy in examining committee 62 153 vacancy, officers and employees of board of education 54 131 (See, also, Board of education, cities first class.) Cities of the first, second and third class 55 Cities of the second class 72 additional school grounds 83 229 adjacent territory may be attached 72 191 annual report board of education 78 212 appeal, title to condemned land 58 139 authority to issue bonds to complete building 79 216 board of education 53 128 (See, also, Board of education, cities second class.) bonds 78 215 bonds, limit in certain cities 80 219 election necessary 80 217 supplemental act 80 218 to complete, equip and furnish school building 79 216 changed to third class 83 231 contract required, when 78 213 conveyance of property to board of education 75 198 execution of conveyance 75 199 definition, cities second class 72 189 election board of education 54 130 elections, expense paid by board of education 73 193 eminent domain, right of 56 136 examining committee 55 134 execution of conveyance of property 75 199 expenditures 78 213 fire protection 145 416 free common schools 72 190 free textbooks provided if authorized by vote 238 709 high-school extension 177 522 high-school teachers 37 71 indebtedness of territory annexed 124 340 INDEX. 265 Cities of the second class continued. PAGE SEC. investment of sinking fund 81 223 length of school term 72 190 minimum term eight months 117 323 night schools 205 604 nomination and election, board of education 54 130 payment for buildings by time warrants or bonds 82 227 public schools a body corporate 74 1S7 property appraised when condemned for school purposes 56 137 property condemned 56 137 property of territory annexed 124 340 registration of state certificates 41 89 right of eminent domain 56 136 school age 72 190 school buildings opened for certain use 56 135 school elections, expenses 73 193 school fund depositories 58 142 sectarian doctrine 78 214 separate district for truancy act 87 239 superintendent of schools 55 133 taxation 77 206 annual school tax 77 206 buildings, certain cities 82 227 interest and sinking fund 81 222 limitation 77 207 limitation in certain cities 198 589 limitation, certain cities 77 208 to pay indebtedness 77 207 whole city taxed 78 209 territory attached, vote of residents 73 192 territory detached by county superintendent 74 195 territory in school district remains attached, city changed from third to second class 74 194 treasurer of board of education 76 204 truant officer 86 238 Cities of the third class 84 change to second class 74 194 defined 84 235 eminent domain, right of 56 136 no portion detached from school district 84 236 one school district 84 236 property appraised and condemned . 56 137 school fund depositories schools governed as district schools 84 235 tax levy limited 116 321 territory in school district remains attached, city changed from third to second class 74 194 title to condemned land, appeal 58 139 Cities changed from second to third class: election for change 83 231 officers hold over 84 232 old ordinances in force taxes for indebtedness 84 23c Cities under special law receive public-school fund . . City attorneys, assist probation officers 190 555 Clerk, board of education, cities of first class: bond 61 148 certify number of members of board to be elected 54 duties 55 132 election, oath 148 register bonds registration of state certificates report certificates registered 266 INDEX. Clerk, board of education, cities second class continued. PACE SEC. school books, requisition for 238 709 school books, sale to patrons 238 709 sign refunding bonds 68 177 Clerk, board of education, cities second class: bond 76 203 certify number of members of board to be elected 54 130 compensation 74 196 duties 55 132 election 74 196 may be member of board 74 196 register bonds 84 226 register state certificates 41 90 school books, requisition for 238 709 school books, sale to patrons 238 709 term 74 196 Clerk, board of education, city, town or village under special law, report to county superintendent 140 399 Clerk, rural high school district, certify tax levy 173 510 Colleges: accredited by State Board of Education 37 74 examined by State Board of Education 38 75 graduates may receive state certificates. 38 78 Collegiate department of state school system 5 Colored children, separate schools, cities first class 61 147 Commercial branches: special normal school certificates 40 86 special state certificates 35 67 Commissioners, state school fund. (See School-fund Commis- sioners.) Common-school diploma: average grade required 126 345 credit on school work 126 345 examinations '. 126 346 dates 126 346 expense paid by county 126 346 grade required 126 345 grades of 80 per cent carried two years 126 345 places 126 346 questions prepared by State Board of Education 126 347 subjects 126 345 uniform examinations throughout the state 127 348 granted on completion of course of study 125 344 rural and graded schools 125 344 Common-school fund: fines, penalties, etc 95 264 money unclaimed 95 263 religious sect shall not control 6 Common schools: course of study prepared by State Board of Education ...... 231 697 fines applied for support. (See, also, Districts.) Compensation: assistant county superintendent 101 273 board of county examiners 42 96 clerk board of education, cities second class 74 196 county superintendent 100 272 members State Board of Education 231 696 members State School Book Commission 234 702 parents, for conveying pupils 121 333 92 250 probation officers 185 545 secretary State Board of Education 232 698 secretary State School Book Commission 235 703 INDEX. 267 Compensation continued. PAGE SBC. state superintendent public instruction 228 685 treasurer board of education, cities first class 62 151 truant officers 88 240 trustees, county high schools 156 450 Compulsory education 85 Compulsory school attendance 85 237 age eight to sixteen years 85 237 annual school census 89 242 children in asylum 89 245 children incapacitated 85 237 deaf, dumb and blind 89 243 employment unlawful 86 238 exemption 85 237 graduates from common schools exempt 85 237 incorrigible pupils 87 239 juvenile court has jurisdiction 86 238 parents responsible 87 239 penalty 89 244 temporary absence in emergency 86 238 teachers to report 88 241 truant officers 86 238 appointment 86 238 compensation 88 240 complaint 86 238 duties 86 238 notice to parents 86 238 report to parents 87" 239 Condemning property for school purposes: cities 56 137 cost of proceedings 58 140 land on which schoolhouse has been built 135 382 rural high schools 174 512 school districts 123 338 Consolidation of school districts 91 246 annual meeting 114 315 county superintendents may combine districts 91 246 county superintendent to be notified 93 252 duties and powers of board 93 256 name of union district 93 255 powers of district meetings and district board '. 93 251 procedure 91 247 property of district 93 254 record of boundary 93 253 transportation of pupils . . ... 92 249 92 250 union with district containing graded school 92 248 Constitution, educational provisions 5 Contagious diseases 127 353 duty of parent and guardian 127 353 pupil infected excluded from school 127 352 Contracts: Annulling contracts by teachers cities first class, when required 64 162 cities second class, when required 78 district board with relatives, void 136 386 officers prohibited from taking contract 144 411 School Book Commission 234 702 teachers', when districts are combined teachers', to be in writing 135 384 Conveyances of property, cities second class to board of educa- tion 75 Conveyances executed 268 INDEX. Conveyance of pupils: PAGE SEC. compensation to parents 121 333 consolidated districts 92 249 expense of sending pupils to other districts 121 334 provided by district board 121 334 school discontinued, certain districts 120 332 County aid to high schools, population less than 10,000 159 461 counties exempt 161 472 county commissioners may provide 159 461 county superintendent, duty of 161 471 county treasurer, duty of 160 468 course of study 159 462 entrance certificate 159 463 free tuition 159 463 petition 160 470 report of principal 160 469 tax levy by county commissioners 160 470 tax levy, limitation 160 466 use of funds 160 467 County aid to school districts 117 324 County attorney: assist probation officers 190 555 investigate claims on estates of deceased persons without heirs 223 661 prosecute complaints, compulsory school attendance law 86 238 County board of examiners: appointment 42 96 compensation 42 96 examinations for common-school diplomas 126 346 examinations for county teachers' certificates 43 97 examinations for high-school credits 47 110 examinations for normal training certificates 43 68 qualifications 42 96 term 42 96 County certificates. (See Certificates, county.) County clerk: cancel registry of bonds and coupons paid 17 21 certify valuation of school districts 96 268 notify county commissioners of vacancy, in office of county superintendent 102 276 place school district levy on tax roll 138 391 reduce excessive tax levy 199 590 register school district bonds. 15 17 report school money to county superintendent 94 258 County commissioners: appeal to: adjustment of school property 125 342 formation or alteration of school districts 104 282 appointments: appraisers, when schoolhouse site changed , 123 337 board of examiners 42 96 board of trustees county high school 150 426 truant officers 86 238 appropriation for normal institute 207 611 approve attachment of disorganized district 108 296 approve changes in district boundaries 103 280 call election on establishing county high school 149 425 employ teachers county high schools, population under 6,000 157 454 establish high school at county seat 157 451 levy tax: aid to high schools, counties of less than 10,000 161 471 INDEX. 269 County commissioners continued. PAGE SEC. aid to school districts 118 325 Barnes high schools 167 493 detention home 193 557 high schools in certain districts 160 470 indebtedness of Barnes high schools 166 490 indebtedness of depopulated district 107 289 indebtedness of disorganized districts 110 303 school districts 138 391 make provision for aid to high schools 159 461 notice and report on condemnation of land in cities 57 138 provide payment of indebtedness, disorganized district 108 297 County examinations. (See Examinations, county.) 42 96 County high schools. (See High schools, county.) 149 County school fund 94 apportionment 98 270 collected and paid over by county treasurer 94 257 fines, penalties and forfeitures 95 264 paid to proper officers 95 260 penalty, county treasurer 95 262 proceeds of fines and estrays reported by justice of peace. ... 94 259 report by county clerk to county superintendent 94 258 unclaimed money 95 263 County superintendent of public instruction 96 administer oaths 103 278 agent of State Orphans' Home Ill 307 annex districts without school 110 302 annex district to district with graded school 92 248 annual report to state superintendent 99 271 appeal in formation or alteration of school districts 104 282 appeal in joint-district boundaries 113 313 appeal to, by suspended pupil 137 389 appoint member of district board, office forfeited 129 357 appoint time and place for first district meeting 105 283 appoint to fill vacancies in district board 102 275 apportion school fund 98 270 approve boundaries of rural high-school districts ; . 171 505 assistant 101 274 attach territory of disorganized district 108 296 bond 96 267 boundaries: district 106 285 joint district 113 312 certify amount due districts from state and county 118 326 certify amount due school districts from county 118 325 certify assessed valuation of property to district clerk 96 268 certify money necessary to aid high schools, counties of less than 10,000 161 471 certify number of teachers in Barnes high schools 167 493 chairman, board of county examiners 42 96 change district boundaries . . 103 280 clerk hire 100 272 combine district 91 246 compensation compensation of assistant 101 274 compensation as agent of State Orphans' Home Ill 307 compensation prescribed by law convention of district boards 98 269 designate time and place for meeting, consolidated district . . detach territory, city second class determine value of property, new district disorganize depopulated district 107 291 270 INDEX. County superintendent of public instruction continued. PAGE SEC. disorganize partially depopulated district 107 293 disorganize partially depopulated districts on petition 108 295 disorganize partially depopulated district without petition, when 108 295 disposal of property disorganized district 109 300 district boundaries 106 285 106 286 106 287 106 288 distribute funds disorganized district 109 299 divide county into school districts 103 280 divide territory of districts annexed to other districts 110 302 division of property on dissolution of union school district . . . 142 403 duties, general 96 268 elected in each county 5 employ deputy, when Ill 305 employ teacher, failure of school district 119 328 estate of deceased person without heir 222 656 examine clerk's report 96 268 find estimated expenditures and income districts receiving state aid 118 327 form districts within Indian reservation 104 281 form truant districts 86 238 formation of joint districts 112 311 furnish description of district boundaries to county clerk .... 106 285 furnish information on indebtedness depopulated districts . . . 107 289 furnish map of school districts 106 286 inspect work of county normal institutes 96 268 issue temporary certificates 48 112 joint-district boundaries. 113 312 joint districts, formation 112 311 jurisdiction over joint districts 113 313 keep list of district officers 103 280 keep office open 96' 268 levy tax and employ teacher on failure of district 82 228 levy tax to pay indebtedness, part of district annexed to city 124 341 levy tax, Barnes high schools, when 167 493 make provision for aid to high schools 159 461 member board of trustees county high school 150 426 name places for diploma examinations 126 346 neglect or refusal to perform duty Ill 306 nominate truant officers 86 238 notice, estate of deceased person without heir 223 659 notice, formation of school district 105 283 notice, special district meeting, no annual meeting held 114 316 notice special meeting, new district 105 283 notify truant officers 88 241 normal institute held by county superintendent 207 609 appointment conductor and instructors 207 610 disbursement of funds 208 615 fees collected 207 611 fees transmitted to county treasurer 208 613 meeting, time and place determined 207 610 union institutes , . 208 616 number school districts 103 280 oath 96 267 payment of school orders depopulated district . 107 290 penalty: failure to provide for seven months' school 119 328 failure to visit schools 100 272 receiving bonus . 144 410 INDEX. 271 County superintendent of public instruction continued. I-AGB SEC. power to administer oaths ; 103 278 president board of trustees county high school 151 428 price lists of school books 241 712 provide for sending pupils to other districts 91 246 public meetings 96 268 purchase school district record books 103 279 qualifications 96 265 record of attachment of territory to rural high-school dis- trict 175 514 reestablish boundary lines, record lost 106 287 reestablish boundary lines, error 106 288 records 96 268 record of boundary, union district 93 253 register of teachers 96 268 register state certificates and normal school diplomas 41 90 report certificates registered to state superintendent 42 92 report population of depopulated district 107 292 report to state superintendent quarterly '. 96 268 send pupils to other districts 91 246 supervise high schools with county aid 159 464 teachers' associations 96 268 term of office 96 266 territory annexed to cities of first or second class 124 341 traveling expenses 100 272 trespassers on school land Ill 308 vacancy in office filled by county commissioners 102 276 visit each school in county 96 268 visit indentured pupils of reform school 183 540 County treasurer: apply to state treasurer for money apportioned to county .... 227 679 collect school district tax and pay to district treasurers 138 391 collect and pay over county school fund 94 257 compensation not allowed, county or state school funds 95 261 credit interest on sinking fund 16 19 custodian normal institute fund 208 612 financial statement to district clerks 131 363 joint district funds 114 314 levy tax for refunding bonds 25 43 pay Barnes high-school funds to district treasurers 170 503 166 492 pay county fund to district treasurer 94 257 pay county high-school tax to treasurer county high school . . 152 434 pay district treasurers high-school funds, counties less than 10,000 160 468 pay orders, depopulated districts 107 290 pay orders, disorganized districts 109 298 pay school money to district treasurers 133 374 pay state school money to district treasurers 227 680 penalty: failure to levy tax for refunding bonds 25 43 failure to pay over county school fund 94 257 failure to pay over school money . . . 95 262 violation Barnes high-school act 171 504 receive school money for state treasurer 227 679 remit to state treasurer money to pay bonds and coupons .... report bonds and coupons canceled time for payment to district treasurers Course of study: Barnes high schools 169 498 college and university, approved by state Board of Educa- tion . . 37 ? 4 272 INDEX. Course of study continued. PAGE SEC. common schools 231 697 county high schools 155 444 district schools: branches taught 125 343 effects of alcoholic stimulants 49 115 high schools: Barnes high schools 169 498 county 155 444 counties with less than 6,000 population 157 452 rural high schools 175 515 with county aid 159 462 industrial training 170 537 night schools 205 607 normal institutes . . 231 697 public schools 231 697 Courses of study prescribed by State Board of Education 231 697 Custodian dependent, neglected, delinquent child 186 547 Custody of dependent or neglected children 191 560 Deaf children sent to special school 89 243 Degree conferred by State Normal School 40 84 Delinquent children 185 544 Dental inspection, cities of 40,000 64 165 Dependent children 185 544 Depopulated district 107 289 county treasurer shall pay orders 107 290 definition 107 292 disorganized by county superintendent 107 291 Deputy, employment by county superintendent Ill 305 Detention home: government 192 565 homeless children 192 564 record of inmates 193 566 tax for support and maintenance 193 567 Diplomas: common school. (See Common-school diploma.) 125 344 state life diploma 34 66 State Normal School diploma 40 84 Director of school district 129 358 duties 129 358 election 128 355 sign orders on county treasurer 133 374 sign orders on district treasurer 133 373 suspend pupils 137 389 term 128 355 Discontinuation of school: certain districts 120 332 expense of sending pupils to other districts 121 334 provision made by annual meeting 121 334 pupils sent to adjacent district 120 332 state fund not forfeited 121 334 Disorganized districts: bonds 38 75 depopulated district disorganized by county superintendent. . 107 291 distribution of funds 109 299 disposal of property 109 300 floating indebtedness 108 297 orders paid by county treasurer 109 298 partially depopulated district 107 293 territory attached to adjoining district 107 291 territory attached not liable for debt of district 110 301 Dissolution of union-school districts. . . 141 401 INDEX. 273 District boards: PAGE SEC. admit scholars from adjoining district 135 383 adopt regulations for use of schoolhouse 134 380 appendages for schoolhouse 137 388 appoint librarian 202 597 assess tuition fee 128 354 build, hire or purchase schoolhouse 134 378 call special meetings 114 315 care of schoolhouse and property 134 379 condemn site for schoolhouse 123 338 consists of director, clerk and treasurer 128 355 contract with teachers 135 384 convention of district boards 98 269 determine branches to be taught 125 343 director, duties 129 358 discontinue school 121 334 dismiss teachers for cause with advice of county superin- tendent 135 384 duties and powers, union district 93 256 election 128 355 employment of relatives prohibited 136 385 establish graded schools 140 400 establish kindergartens 196 582 establish night schools 205 604 examine incapacitated children 85 237 execute lawful orders of district 134 378 expel members of high-school fraternities 177 521 fire protection 145 416 furnish teacher with register 137 390 high-school teachers 37 71 industrial training 181 536 levy tax for payment of judgment 138 392 library, purchase of books 202 596 library, rules and regulations 202 597 list of members kept by county superintendent 103 280 manage graded school 140 400 matters not determined by district meeting 117 322 oath of office 129 356 open schoolhouse for certain uses 134 380 penalty, failure to provide for fire protection 146 420 penalty, refusing admission to schools 127 351 powers of board 134 378 powers of board, consolidated district 93 251 provide water-closets 134 380 pupils sent to other districts 120 332 purchase or lease site 134 378 qualifications of members 116 320 revolving fund for purchase of textbooks 238 710 school books sold to patrons 238 710 school duties 137 390 sell property of district. . > 134 378 send pupils to other districts 120 332 special meetings called 114 315 suspension of pupils 137 389 term of office 128 355 textbooks, purchase 238 709 transportation of pupils 117 vacancy filled by county superintendent 102 275 visit schools 137 390 District clerk: annual report 130 certify tax to county commissioners clerk of board and district meetings 127 350 274 INDEX. District clerk continued. I'AE SKC. consolidated district 93 252 deliver records to successor; penalty 132 371 draw orders on treasurer , 130 361 duties 130 359 joint district, report 131 365 librarian, school library. . ...... 202 597 notice of annual or special meeting 115 317 penalty for failure to report to county clerk tax voted 132 368 penalty for false report 131 366 report indebtedness to county clerk 1?2 370 report list of taxpayers to county clerk 132 367 report to county superintendent 132 369 sell school books to patrons 238 709 union or graded school district, duties 140 397 District officers. (See District boards.) . 128 District schools 125 District treasurer: bond 132 372 deliver warrant register to successor 250 743 destroy canceled bonds and coupons 17 21 duties 133 373 election 128 355 indorse warrants "Presented and not paid for want of funds," 250 741 penalty, failure to pay over money to successor 134 377 receive school money from county treasurer 133 374 records .' 133 376 redemption of indorsed warrants 250 742 register warrants indorsed 250 741 report 133 376 treasurer of union or graded school district 140 398 Districts, school 112 annexed to adjoining district 110 302 annexed to city, first or second class 124 340 annual meeting: discontinue school 121 334 elect members of district board 128 355 order children sent to more convenient district 122 335 powers 116 320 provide for sending children to other districts 121 334 special meeting, no annual meeting held 114 316 time for holding annual meeting 114 315 annual report of clerk 130 362 appendages provided 137 388 apportionment of property when part annexed to city 124 341 appraisement of schoolhouse for change of site 123 337 appropriation for state aid 119 330 body corporate 112 310 boundaries changed by county superintendent 103 280 boundaries furnished by county superintendent to county clerk 106 285 branches taught 125 343 challenge of voter at district meeting 115 319 change of schoolhouse site 122 336 children sent to more convenient district 122 335 cities of third class governed as districts 84 235 cities of third class, no part detached 84 236 clerk, duties 130 359 clerk to be clerk of board and district meetings 130 360 clerk to draw orders on treasurer 130 361 combination of districts by county superintendent 91 246 consolidation. (See, also, Consolidation of school districts) . . 91 247 INDEX. 275 District, school continued. PAGE SKC. contract with teachers 135 334 conveyance of pupils: compensation to parents 121 333 expense of sending pupils to other districts 121 334 provided by district board 121 333 school discontinued, certain districts 120 332 county aid 117 324 depopulated districts disorganized 107 291 depopulated, when 107 292 director, duties 129 358 disorganized, attached to adjacent district 108 296 consolidation. (See, also, Consolidation of school district.) ... 91 247 employment of relatives of district officers as teachers pro- hibited 136 385 establish graded schools 140 400 failure of clerk to report county clerk tax voted 132 367 failure of treasurer to pay over money 134 377 formation of districts by county superintendent 103 280 formation of district within Indian reservation 104 281 free textbooks if authorized by vote 2^8 709 graded-school district, how formed 139 393 increase tax levy at annual meeting 198 588 indebtedness 108 297 indebtedness when annexed to city of first or second class. . . . 124 340 joint district. (See, also, Joint district.) 112 311 library, rules and regulations 134 379 meetings: annual. (See, also, Districts, annual meeting.) 114 315 challenge of voter 115 319 notice 115 317 notice of first meeting 105 283 powers 116 320 powers, consolidated district 93 251 qualifications of voters 115 318 special meetings. (See, also, Districts, special meet- ings.) 114 315 minimum term, seven months 117 323 name 112 310 notice of annual or special meetings 115 317 no school maintained, when 120 332 notice of formation 105 283 number by county superintendent 103 280 oath of officers 129 356 office, forfeited, when 129 357 officers 128 355 officers, consolidated district 91 247 organized, when 112 partially depopulated district defined partially depopulated district disorganized 107 293 partially depopulated district, petition to disorganize penalty for false report of clerk 3 powers of board 134 378 powers of district meeting 116 320 pupils sent to other districts 1 qualifications of voters records and reports of treasurer records delivered bv clerk and treasurer to successors: penalty " report of clerk, joint districts report of clerk to county clerk report of clerk to county superintendent report of indebtedness by clerk to county clerk 276 INDEX. Districts, School continued. I-AGE SEC. restrictions on changing districts 103 280 restrictions on formation 119 329 scholars admitted from adjoining districts 135 383 school duties of board 137 390 schoolhouse opened for certain uses 134 380 schoolhouses removed from claim of settler 135 382 school month 127 34$ schools free to all between ages of six and twenty-one 127 350 site for schoolhouse condemned 123 338 special meetings: called by county superintendent 114 316 called by district board 114 315 called by petition 114 315 discontinued school 121 334 new district , 105 283 no annual meeting held 114 316 notice of special meeting 114 315 provide for sending children to other districts 121 334 state aid, appropriation . 119 330 state and county aid 117 324 state and county fund 98 270 suspension of pupil 137 389 taxation: annual tax for general school purposes 116 320 limitation of levy 116 321 floating indebtedness 116 320 increasing the levy 198 588 interest and sinking fund, bonds 16 18 interest and sinking fund, refunding bonds 24 42 industrial training 180 535 library 202 595 limitation of tax levy 138 391 payment of judgment 138 392 tax voted and not levied or collected 133 375 (See, also, Taxation, school districts.) teachers' records and reports 136 387 territory attached to city second class detached by county superintendent 74 195 territory of district remains attached to city changed from third to second class ; 74 194 transportation of pupils .' 121 333 treasurer, duties 133 373 union or graded school districts 139 393 voters may determine length of term 117 322 water-closets 135 381 Domestic art, special state certificates 35 67 Domestic science: special normal school certificates 40 86 special state certificates 35 67 state aid in normal-training high schools 211 622 Drawing: special normal-school certificates 40 86 special state certificates 35 67 Dumb children sent to special school 89 243 Duplication of federal aid . 143 406 Educational provisions: act of admission 7 organic act 5 state constitution . . 5 INDEX. 277 Elections: PAGE SKC. Barnes high-school law, adoption of 170 501 board of education, cities first and second class 53 128 54 130 commission-governed cities 54 130 bonds: cities of first class 65 168 cities of second class 78 215 county high school 158 457 rural high-school district 174 512 school district 12 9 county high schools, transfer from special act to general law 161 473 district officers, annual meeting 128 355 district officers, new district 105 283 establishment of county high school . 149 425 counties of less than 6,000 population 157 451 expense of school elections, cities of the second class .... 73 193 free textbooks 238 709 rural high-school district: canvass of vote 173 509 establishing rural high school 171 505 separate election in town or city 173 508 tax for buildings, county high schools established by special act 162 474 tax for buildings, cities of the second class 82 227 tax levy, increase 198 588 territory attached to cities of the second class 72 191 place and manner of voting 73 192 treasurer board of education, cities of the second class ... 76 204 trustees county high school 150 427 Eminent domain: board of education in cities 56 136 county high schools 58 141 school districts 123 338 Employment of children under fourteen 50 116 Employment of children under sixteen 50 117 Estate of deceased person without heir 222 656 attorney-general, duty 224 664 may not act as private attorney 223 663 county attorney, duty 223 661 may not act as private attorney 223 663 county superintendent, duty . . 223 659 notice given by 223 659 estate sold for benefit of common schools 222 658 expense of inquiry 223 662 probate judge, duty 222 657 notice given by 223 660 state superintendent to give notice 223 659 Examinations: common-school diploma 126 346 county teachers: applicants may write in other counties : board of examiners 42 96 branches: first-grade certificates 46 second-grade certificates third-grade certificates examination in physiology and hygiene examinations, public 43 fee for special 44 100 278 INDEX. Examinations continued. grades required: I-AGE *&<. first-grade certificates 46 109 second-grade certificates 46 108 third-grade certificates 45 107 high-school credits 47 110 papers received from other counties 43 98 places designated by county superintendent 43 97 questions: officials may have possession 45 105 opened by examining board 44 102 prepared by State Board of Education 44 101 unlawful use 45 104 special examinations 44 99 state institutions, examinations held 48 98 time of holding 43 97 unlawful use of questions 44 103 (See, also, Certificate, county.) state certificates 33 62 Examining committee: cities first and second class 55 134 common-school diploma 126 346 county 42 96 vacancy, city first class 62 153 Expenditures : board of education cities first class, limit without contract. . . 64 162 board of education cities second class, contract required, when 78 213 children sent to other schools 121 334 districts receiving state aid 118 327 Expenses, children sent to more convenient school 122 335 Extension work: duplicating federal funds 143 406 warrants authorized ' 143 407 Fees: examination for county teacher's certificate 44 100 examination for high-school credits 47 110 examination in other counties 43 98 high schools approved for normal training '... 35 68 indorsement of county certificates 45 106 normal institutes 207 611 normal training teachers' examination 35 68 registration of state certificates 41 89 registration of state normal-school diplomas 41 89 renewal of first-grade certificates 46 109 special examinations 44 100 Females, no distinction between rights of males and females in school 5 Fines 144 409 collected, how 144 409 common school fund 95 264 judgments against school districts 138 392 justice of the peace 94 259 (See, also, Penalties.) Fines and penalties. (See Penalties.) 144 Fire protection 145 doors of school house 145 412 duty of boards of education 145 416 duty of state fire marshal 146 420 exits from upper floors 145 413 fire drills 145 417 fire-escapes 145 418 INDEX. 279 Fire protection continued. PAGE SBC. furnaces 145 414 inspection 145 41$ instruction 146 420 penalty 146 418 plans for buildings submitted to state architect 145 415 time for compliance with law 146 419 First-grade certificates 46 109 (See, also, Certificates, county.) Flag: display in public schools 212 623 flag day, observance 213 629 flags forbidden 213 627 penalty 213 628 rules and regulations for display 212 625 Floating indebtedness 22 35 Forfeiture of office: county superintendent Ill 306 119 328 district board 129 357 Forfeiture paid into common school fund 95 264 Forming and changing school districts 103 280 Fraternities. (See High-school fraternities.) Free district schools 127 350 Free schools, cities second class 72 190 Free textbooks 238 709 Funding bonds. (See Bonds, refunding.) Funds: common school 95 264 county school 94 257 normal institute: appropriation, connty 207 611 appropriation, state 208 614 county superintendent to transmit fees 208 613 custodian 208 612 disbursements 208 615 fees 207 611 candidates for certificates 207 611 44 100 examination at state institutions 43 98 examination in other counties 43 98 examination for high-school credits 47 110 examination for normal-training certificates 35 68 indorsement of certificates 207 611 registration fee 207 611 registration of certificates 207 611 renewal of certificates 46 109 union institutes 208 616 state school fund: cities regulated by special law receive 140 399 collection 221 651 commissioners 217 640 custodian 220 649 disbursement of income 6 investment 218 644 record 219 646 unclaimed estates 222 656 Globes: purchase without approval sale without approval 243 717 280 INDEX. Governor: appointments: PAGE SEC. State Board of Education 231 696 State School Book Commission 234 702 proclamation, cities of second class 72 189 select land for State University fund 7 Graded schools: accredited by State Board of Education 232 699 cities of second class 75 200 consolidation with district having graded schools 92 248 defined 92 248 graded-school district, how formed 139 393 single district may establish 140 400 state supervisors 233 701 (See, also, Union or graded-school district.) Grades of county certificates 45 106 Grades retained in county examinations 46 109 Graduates: Barnes high schools: college preparatory course 169 498 general course 169 498 common schools: admitted to high school 125 344 diploma 125 344 normal-training high schools 35 68 State Agricultural College 38 77 State Normal School 40 84 State University 38 77 three-year state certificates 38 78 Guardians: penalty for violation of compulsory-attendance act 86 238 required to send children to school 85 237 High-school credits, second- and first-grade county certificates... . 47 110 exemption 48 111 High-school fraternities: membership unlawful , 177 520 penalty for membership 177 521 High-school tuition: payment in certain counties 148 421 certificate of attendance 149 423 tax levy for payment 148 422 High schools: accredited by State Board of Education 232 699 admission by common-school diploma 125 344 admission of nonresidents 148 421 approved for admission to accredited colleges 38 78 certificates of high-school teachers 37 71 graduates from accredited high schools admitted to state institutions 232 700 state supervisors of high schools 233 701 High schools, Barnes law: act in effect in certain counties. 170 502 act, when in force 170 501 apportionment of funds 167 494 certain cities and counties exempt 169 500 county commissioners levy tax 164 486 county superintendent, duty 167 493 county treasurer to pay and distribute money 170 503 course of study 169 498 course of study must prepare graduates for State Uni- . 1 A * O/? versity 164 4sb INDEX. 281 High schools, Barnes law continued. I'.VJK SEC. distribution of funds 167 494 election on adoption of Barnes act 170 501 high-school fund 164 486 penalty, violation by county treasurer 171 504 principal shall make report 169 497 standard 164 486 tax levy: amount to be raised 167 493 amount apportioned to each district 167 494 buildings 164 486 joint districts 167 495 limited to five-tenths mill 165 487 limited to nine-tenths mill; exception 165 488 payments made 167 494 tax levied by county commissioners 164 486 tax levy made when 166 491 taxes collected and paid to district treasurer 166 492 to pay indebtedness 166 490 tuition free in county 169 499 tuition paid in an adjoining county 169 499 High schools, cities of the first class 61 147 High schools, cities of the second class 75 200 High schools, county, population over 2,000 149 424 admission 155 445 board of trustees appointed 150 426 bonds 153 437 buildings 152 436 county may establish 149 424 courses of instruction 155 444 collegiate . - 155 444 general 155 444 normal 155 444 election on establishment 149 425 election of trustees 150 427 extension of course 157 522 officers board of trustees 151 428 officers, duties of 152 435 principal and teachers, employment 155 443 report of trustees 156 448 right of eminent domain 58 141 rules and regulations 156 447 secretary board of trustees: appointment 151 428 duties. ... .152 435 site 152 436 tax levy: annual estimate and levy 151 429 certified and collected 152 434 limited to seven and one-half tenths mill 151 430 limited to one and three and one-half tenths mill, certain counties . . . 151 431 limited to three mills in certain counties 151 432 teachers, employment 155 443 treasurer, board of trustees: appointment. . 151 428 duties 152 435 trustees : compensation . . 156 450 election 150 427 report 156 448 282 INDEX. High schools, county, population over 2,000 continued. I*AE SEC. term. . 150 427 vacancies 156 449 tuition free in county 155 445 tuition, pupils from other counties 155 446 vacancy, board of trustees 156 449 High schools, county, less than 6,000: bonds: authorized 158 457 election 158 458 limitation 158 459 unlawful use of proceeds 158 460 course of study 157 452 election on establishment 157 451 established by county commissioners at county seat 157 451 established only on petition or election 157 456 free to pupils in county 157 455 graduates admitted to state institutions 157 453 teachers employed by county commissioners 157 454 High schools, county, population less than 10,000: admission 159 463 aid provided by county superintendent and commissioners ... 159 461 collection and use of funds 160 467 counties exempt 161 472 county superintendent to certify amount money necessary ... 161 471 county treasurer, duty of 160 468 course of study 159 462 entrance certificate 159 463 free to residents 159 463 petition for county aid report of principal -. 160 469 supervision 159 464 tax levy: annual levy collection and use of funds county commissioners to levy tax 160 470 county superintendent to certify amount necessary 161 471 High schools, county, under special act: may come under general law tax for buildings 162 474 High schools in certain counties: apportionment of funds appropriation by board of education extent of powers of trustees free high-school education , 164 482 levy 162 475 levy made by trustees management vested in board of education 164 483 participating schools parts of county high school 164 485 penalty for failure to keep standard school providing and maintaining standard trustees distribute fund 163 478 High schools, extension of course of study: authorized 177 522 course of study 524 establish in private schools 178 525 levy 177 522 petition, election 178 523 privileges of graduates 178 524 High schools, normal training. (See Normal training in high schools.) INDEX. 283 High schools, rural 171 admission of pupils . 176 51^ annual meeting of high-school district board 173 510 annual school meeting , 173 510 attachment of adjacent territory 175 514 authority of county superintendent 175 513 authority to establish 171 505 bonds for high-school building 174 512 boundaries approved by county superintendent 171 506 canvass of vote on establishing 173 509 condemnation of site 174 512 course of study 175 515 districts in two or more counties 174 511 election in territory containing town or city 173 508 election of high-school board * 173 509 election on forming rural high-school district 171 506 government 175 513 powers of rural high-school board 174 512 site 174 512 tax levy 173 510 tax levy, district in two or more counties 174 511 transfer of territory 175 513 tuition 176 516 validating certain bonds 172 507 Holy Scriptures: Bible may be used in schools, cities second class 78 214 Bible reading not prohibited, cities first class 64 163 Hygiene: instruction in all public schools 49 115 teachers, examined in 49 115 Incorrigible pupils * 87 239 Indebtedness: Barnes high schools '(;.... 166 490 bonded indebtedness: compromised and refunded 20 31 increase of debt prohibited when refunded 24 41 refunded 19 29 disorganized districts: bonded indebtedness refunded 30 55 floating indebtedness 108 297 merged districts 28 49 29 53 school districts 21 34 Indebtedness reported to county clerk 132 370 Indentured pupil in Industrial (Reform) School 183 540 183 542 Indian reservation, school district within 104 281 Industrial education . . . 179 Industrial (Reform) School pupils 183 county superintendent to visit indentured pupils 183 540 indentured pupils. . .... 183 540 183 542 persons sought to receive indentured pupils 183 542 report of visiting agent on indentured "pupil 183 541 Industrial training 181 536 board of education and district board may make provision ... 181 536 report to state superintendent special teachers mav be employed . . 181 536 state aid. . .182 539 284 INDEX. Industrial training continued. State Board of Education: PAGE SEC. approve course of study 181 536 establish standard for teachers 181 537 grant certificates 181 537 tax levy 180 535 teachers, standard; certificates 181 537 Installment bonds may be issued 25 44 Institute. (See Normal institute.) Insurance companies, payment to state annual school fund 227 681 Interest on bonds: cities of first class: . paid when due 68 173 rate 66 170 tax levy 66 171 tax levy refunding bonds 68 178 cities of second class: paid when due 81 224 tax levy 81 222 refunding bonds 24 42 school districts 16 18 Joint district: annual meeting 114 alteration of boundaries 113 312 appeal to state superintendent in formation or alteration .... 113 313 application for formation 112 311 bonds to take up merged district bonds 29 53 disorganization of partially depopulated joint districts 107 293 formation 112 311 funds 114 314 jurisdiction 113 313 name 113 312 report of clerk 131 365 tax levy for Barnes high schools 167 495 Judgment, tax levy to pay 138 392 Justice of peace: jurisdiction 144 408 proceeds of fines paid to county treasurer 94 259 report to county superintendent 94 259 Juvenile court 184 acts providing for support of children 192 563 appeal, person convicted of contributing to delinquency 194 575 appeal to district court 189 554 association or individual as guardian of child 187 550 blanks furnished by State Board of Control 194 573 bond, release, of person contributing to delinquency 191 559 care of child, parental 190 557 care of delinquent child, continuance 188 551 care of dependent or neglected child 187 549 city attorneys to aid probation officers 190 555 commitment of child to care of probation officer 188 551 compensation of probation officer 185 545 compensation of probation officer, counties having 25,000 population 194 570 complaint ' 181 537 constables 190 555 continuance of hearing 187 548 county attorneys to aid probation officers 190 555 custody of child during continuance of case 187 548 custody of dependent child during suspension of sentence .... 191 560 custody revoked by court 188 552 delinquent child 185 544 INDEX. 285 Juvenile court continued. PAGE SEC. delinquent child, care of 188 551 dependent child 185 544 detention home 192 564 detention home, government 192 565 detention home, record of inmates 193 566 establishment of juvenile court 184 548 fees allowed judge of juvenile court 184 543 fees, witness, allowed police and sheriff 194 572 forfeiture of bond, person having custody dependent child ... 191 561 judgment in case of forfeiture of bond 192 562 jurisdiction 184 543 child over sixteen 193 569 child under sixteen 189 553 dependent children 194 571 truants 86 238 juvenile farm 192 564 neglected child 185 544 parental home in certain counties 194 576 advisory board 195 579 inmates 194 577 managers 195 579 supervision 195 580 tax for support 195 578 parents responsible for delinquency of children 190 558 penalties at discretion of juvenile court 190 556 penalty, contributing to delinquency 190 558 police officers to report arrests of juveniles 190 555 probate judge the judge of the juvenile court. . . 184 543 probation officer; appointment, duties, compensation 185 545 procedure, trial of person contributing to delinquency 194 574 release under bond, person sentenced for contributing to delinquency 191 559 report, annual, of judge of juvenile court 193 568 responsiblity for delinquency of children 190 558 summoning of custodian of child 186 547 suspension of sentence, contributing to delinquency 191 559 suspension of sentence, delinquent child 190 556 tax levied for detention home or juvenile farm . . , 193 567 truant officer as probation officer * 185 545 Juvenile farm 192 564 Kansas State Traveling Libraries Commission 203 598 Kindergartens 196 cost pai'd from school funds 196 582 established in school district 196 582 part of public school system 196 582 teachers 196 582 certificates 196 582 examination 196 582 special state certificates 35 67 Lands: granted by the United States for schools 5 school lands; sale, revaluation, lease 6 sections 16 and 36 in every township granted for use of schools 5, 7 Language, exclusive use of English specified: applies to all elementary schools 197 583 courses specified power of visitation 197 585 Lansing, special aid Laws, school, published by state superintendent of public in- intruction . . 230 691 286 INDEX. Levies. (See, also, Taxation.) . 11A<;i; K(; Librarian appointed by district board 134 379 Libraries , 202 free public 204 levy for site 204 602 petition and election 204 601 use of excess site fund 204 603 school district 202 librarian 202 597 purchase of books 202 596 rules and regulations. ...:..... 202 597 rules and regulations made by district board 134 379 tax levy 202 595 Libraries, state traveling 203 Aplington Art Gallery, a part of 203 599 management , . 203 598 traveling libraries department of State Library '. . . 203 598 Lincoln's birthday observed in public schools Loan commissioner, office abolished 221 654 Males, no distinction in schools between rights of males and females 5 Manual training: cities of the first class 61 147 Special Normal School certificates 40 special state certificates 35 67 Map of districts furnished by county superintendent to county clerk 106 286 Maps: purchase without approval 243 719 243 720 sale without approval 243 717 243 718 Meetings: board of education, cities first class 64 160 board of education, cities second class 78 211 rural high-school board 173 rural high-school district 173 510 school district - 114 315 annual 114 315 first meeting of new district 105 283 notice 115 317 special 114 315 114 316 School Fund Commission 217 641 State Board of Education 231 697 Memorial day, observance in public schools 213 629 Merged district: bonds taken up 29 53 form of refunding bonds 28 50 refund bonded indebtedness 28 49 suits against tax levy for interest and sinking fund 29 51 Money unclaimed, to common-school fund Moneys, school, paid over to proper officers 95 260 Month, school 127 349 Minimum term: cities first and second class 117 323 school districts 117 323 Music: special normal-school certificates 40 86 special state certificates 35 67 Neglected child . . 185 544 INDEX. 287 Night schools: I-A 40 manual training 40 music occupational subjects 40 three-year 40 82 certificates issued before September 1, 1916 40 certificates registered and signed by state superintendent .... 40 87 diploma 39 80 40 84 graduates from accredited high schools admitted 232 700 investment of funds 218 644 president: member State Board of Education 23] member State School Book Commission 234 702 registration of certificates and diplomas 40 41 89 signing of certificates by state superintendent 40 87 state treasurer custodian of funds 220 649 State Orphans' Home, county superintendents agents State printer: member State School Book Commission 234 70^ printing of textbooks 237 70( statement of cost of textbooks 238 708 INDEX. 299 PAGE SEC. State School Book Commission 234 adoption of textbooks 235 704 contract with publishers ; . ' . 235 704 exchange ....'... 235 704 price 235 704 annual report 242 715 appropriation, 1919, 1920, 1921 244 721 reappropriation 244 723 approval of supplementary books 242 714 authority and powers of School Book Commission 234 702 books of reference not prohibited 237 707 building fund 244 722 chairman 235 703 commission allowed to dealers 238 710 241 711 commission created 234 702 compensation of members 234 702 complete series of textbooks provided 235 704 contract with authors and publishers 237 705 copyrights 237 705 dealers: commission 238 710 241 711 penalty for increase in price 241 713 penalty for violation of agreement 241 712 sales to dealers for cash only, exception 238 710 free textbooks authorized by vote 238 709 manuscripts 235 704 members: appointed members 234 702 compensation 234 702 expenses , 234 702 members ex officio 234 702 oath of office 234 702 penalties 241 713 242 716 rules and regulations . 234 702 term 234 702 order exclusive use of authorized books 237 707 penalty: increase of price 241 713 use of other books 241 713 violation of act by members 242 716 price lists furnished 241 713 prices based on cost 241 712 purchase of books by dealers. . . 238 710 purchase of books by district boards and boards of educa- tion 238 710 remuneration of authors 237 705 revolving fund 241 711 244 724 transfer 244 724 warrants authorized 245 725 sale of books not printed by state 241 711 secretary 235 703 bond 235 703 compensation 235 703 duties 235 703 election 235 703 payments to state treasurer 238 710 report to state auditor 238 710 term . . ... 235 703 300 INDEX. State School Book Commission continued. PAGE SEC. series of textbooks 235 704 supplementary books: approval 242 714 distribution 242 714 purchase by school board : 242 714 use in lieu of adopted books prohibited 242 714 textbooks sold for cash only/ exception 238 710 textbooks printed by state printer 237 707 State School-fund Commission. (See School-fund Commission.) State school funds, disbursement of income 6 State superintendent of public instruction 228 683 appeal in joint district boundaries 113 313 appointments restricted 229 687 appoint state supervisors of public schools 233 701 assistant 228 686 approve issue of bonds without election, cities second class.. . 78 215 ask advice of attorney-general 229 690 bond 228 684 certify copies of papers 230 694 certify organization of normal institute 208 614 certify to state auditor amount due school districts 118 326 chief clerk : 229 687 distribute county examination questions 44 101 distribute state annual school fund 229 688 draw orders on state treasurer, distribution of school fund . . . 229 689 forward examination questions to county superintendent .... 44 102 furnish price lists of school books for use of dealers 241 713 furnish questions for special county examinations 44 99 general duties 228 683 general supervision of educational interests 5 give notice of estate of deceased person without heir 223 659 give official opinions 229 690 grant permit to business college to canvass 31 57 make biennial report to governor 230 695 make certificate relating to industrial training 181 538 member of Board of School-fund Commissioners 6 member and secretary Board of School-fund Commission- ers 217 640 member and chairman State Board of Education 231 696 member State School Book Commission 234 702 oath of office 228 684 obtain information from other states 230 692 office in the capitol 230 693 penalty for receiving bonus 144 410 prepare instructions for patriotic exercises 213 630 courses specified 197 584 prepared program for patriotic exercises 213 629 prescribe forms and blanks 230 691 prescribe official reports 230 693 provide blanks for registration of state certificates 42 92 provide for observance of certain holidays 213 629 publish school laws 230 691 recommend textbooks 223 662 report investments of school fund 219 646 salary 228 685 sign Normal School certificates and diplomas 40 sign state certificates 33 62 State Department of Education 228 682 statistical and filing clerk 229 687 stenographers 229 687 supervise educational interests . 228 683 visit each county.. .230 692 INDEX. 301 State supervisors of public schools: PAGE SEC. appointment 233 701 duties /. 233 701 expenses 233 701 salary 233 701 State treasurer: bonds payable at office 18 24 cancel bonds and coupons paid 18 27 cancel bonds and coupons paid before maturity 17 22 custodian of Agricultural College, Normal School and Uni- versity funds 220 649 custodian of state school funds 220 649 furnish statement of amount due on bonds 18 25 pay annual school fund to county treasurer 227 678 produce coupons and bonds for comparison with auditor's register 225 671 receive income state school fund 227 677 register orders drawn by School-fund Commission 219 648 remit state aid to county treasurers 218 326 report to state superintendent amount annual school fund . . . 220 650 report to state superintendent amount of permanent school fund 220 650 state school-book fund kept separate 220 650 statement to auditor of interest on bonds or principal col- lected 225 669 separate accounts of. annual and permanent school fund 220 650 State University: accredited by State Board of Education 38 77 chancellor member State Board of Education 231 696 constitutional provision for 6 graduates accredited high schools admitted 232 700 graduates Barnes high schools admitted ' 164 486 graduates may receive state certificate 38 78 investment of funds 218 644 land reserved for support of 7 state treasurer custodian of funds 220 649 Suits against merged districts 29 52 Superintendent of schools, cities of first and second class 55 133 compensation 55 133 duties 55 133 election ' 55 133 notice to truant officer 88 241 qualifications 55 133 term 55 133 Supplementary textbooks, approval by State School Book Com- mission 242 714 Suspension of pupil: district board 137 389 appeal 137 389 membership in high-school fraternities 177 521 principal county high school ; 156 447 Tax levy. (See Taxation.) Taxation: emergency cases: increase ordered by tax commission 200 592 levy for excess warrants 201 594 warrants authorized 200 593 exceptions to limitations in tax levies 198 587 excessive levy unlawful 199 590 general limitation in tax levies 188 586 increasing levy above general limit 198 588 levy for industrial training 180 535 penalty for making excessive levies 199 591 rural high schools 173 510 302 INDEX. Taxation Barnes high schools. (See Taxation, county.) Taxation cities of first class: PAGE SEC. annual levy 62 154 bonds, interest and sinking fund 81 222 bonds, refunding, interest and sinking fund 68 178 levy by board of education 24 42 levy by county clerk 24 42 levy by county treasurer 25 43 penalty, board or county clerk 24 42 penalty, county treasurer 25 48 penalty, failure to levy tax 69 179 bonds, outstanding warrants, interest and sinking fund, 70 1 84 bonds, refunding, sinking fund 25 44 building and repairs 62 154 industrial training 180 535 playgrounds 60 144 support of schools 62 154 limitation of levy 63 155 levy certified to county clerk 62 154 levy made by county superintendent, indebtedness to dis- trict 124 341 school property exempt 64 164 taxes paid in money 63 156 taxes subject to order of board of education 63 156 whole city taxing district 63 157 Taxation cities of second class: annual levy " 77 206 bonds, interest and sinking fund 81 222 bonds, refunding, interest and sinking fund 24 42 levy by board of education 24 42 levy by county clerk 24 42 levy by county treasurer 25 43 penalty, board or county clerk 24 42 penalty, county treasurer 25 43 bonds, refunding, sinking fund 25 44 buildings, certain cities 82 227 limit of building tax 82 228 indebtedness 77 207 industrial training 180 535 support of schools :..'.. 77 206 limitation 77 207 limitation, certain cities 77 208 levy made by county superintendent, indebtedness to school district 124 341 taxes paid in money 78 209 territory attached 72 191 territory of second district, city changed from third to second class 74 194 whole city subject to taxation 78 209 Taxation county : aid to school districts 118 325 aid to high schools, counties of population less than 10,000 . . . 160 466 levy certified by county superintendent 161 471 levy made by county commissioners 160 470 limit of levy 160 466 buildings, county high schools established by special act 162 474 county high schools 151 429 levy certified by whom 152 434 levy made by board of trustees 151 429 limit seven and one-half tenths mill 151 430 limit one and three and one-half tenths mills certain counties 151 431 detention home . . 193 567 INDEX. 308 Taxation county- -continued. PAGE SEC. high-school tuition 148 422 high schools, Barnes law 164 486 first levy made, when 166 491 joint districts 167 495 levy for buildings 164 486 limit seven and one-half tenths mill 165 487 limit one and three and one-half tenths mills certain counties * 165 488 parental home, certain counties 195 578 Taxation, rural high-school district 173 510 Taxation school districts: annual tax voted by district meeting 116 320 floating indebtedness 116 320 general school purposes 116 320 levy limited to six and three-fourths mills 116 321 levy limited to nine mills, certain districts 116 321 levy may be increased by three-fourths vote 198 588 minimum levy four and one-half mills in districts with state aid 117 324 industrial training 180 535 judgments, levy by district board 138 392 penalty for failure 138 392 libraries 202 595 increasing the levy by three-fourths vote 198 588 indebtedness, depopulated districts 107 289 indebtedness, disorganized districts 108 297 indebtedness, part of district annexed to city 124 341 interest and sinking fund, bonds 16 18 interest and sinking fund, refunding bonds 24 42 interest coupons receivable for taxes 28 48 levy certified by district clerk 138 391 levy made by county commissioners 138 391 levy made by county superintendent, when 119 328 levy to pay bonds and interest 16 18 taxpayers reported by district clerk 132 367 penalty for failure 132 368 tax voted but not collected 133 375 union or graded districts 139 395 Teacher, word "teacher"' defined, retirement law 215 636 Teachers: contract in writing 135 384 contracts void, if relatives of district officers 136 386 dismissed for cause 135 384 district board shall contract with 135 384 employment of: cities of first and second class 55 134 county high schools 155 443 county high schools, counties of population less than 6,000 157 454 school districts 135 384 employed by county superintendent, when 119 328 high schools, counties under 6,000 157 454 industrial training 181 537 records and reports 136 387 penalty for failure 136 387 register of, kept by county superintendent 96 268 report names of truants 88 241 penalty for failure 88 241 wages specified in contract Teachers' association, county superintendent shall encourage 96 268 Teachers' certificates. (See Certificates.) Teachers' examinations. (See Examinations.) 304 INDEX. Teachers' retirement fund. (See Retirement fund.) TAGE SEC. Temporary county certificates 48 112 Temporary state certificates 37 73 Term, length of school term determined by voters at district meeting 117 322 Term, minimum: eight months, cities first and second class 117 323 seven months, school districts 117 323 Term of office: board of education, cities first and second class 53 128 clerk, board of education, cities second class 74 196 county superintendent 96 266 district officers .; 128 355 president board of education, cities second class 74 196 secretary State Board of Education 232 698 secretary State School Book Commission 235 703 superintendent of schools, cities first and second class 55 133 State School Book Commission 234 702 trustees county high schools 150 427 Term of school determined by district meeting 117 322 Territory: attached for school purposes, cities of first class 60 146 attached for school purposes, cities of second class 72 191 detached by county superintendent, cities second class 74 195 disorganized district not liable for debt of district to which attached 110 301 part of district annexed to city first or second class 124 341 school district annexed to city first or second class 124 340 school district containing city of third class remains at- tached when city becomes of second class 74 194 Textbooks 234 (See, also, State School Book Commission.) Third-grade certificate, requirements 45 107 Three-year state certificates. (See Certificates, state.) Tobacco and cigarettes: county attorney to make inquisition 247 730 misdemeanor for minor to use in public places 246 728 penalty 247 729 unlawful to advertise cigarettes 246 727 unlawful to sell or give away cigarettes 246 726 Township clerk must register refunding bonds 23 39 Township high schools. (See High schools, rural.) Transportation of pupils: compensation to parents 121 333 consolidated district 92 249 provided by district board 121 333 pupils sent to other districts 120 Traveling expenses, county superintendent 100 272 Traveling libraries. (See, also, Libraries.) 203 598 Treasurer, board of education cities of first class 62 151 bond 62 151 city treasurer ex officio treasurer of board 62 151 compensation 62 151 deliver warrant register to successor 250 743 deposit money daily 62 151 deposit money in designated depositories 51 142 indorse warrants "presented and not paid for want of funds" 250 741 pay money upon warrants 62 151 prepare monthly report 62 151 record of warrants paid 250 740 redemption of indorsed warrants 250 742 INDEX. 305 Treasurer, board of education cities of first class continued. PAGE SEC. register indorsed warrants 250 741 remit to state treasurer money collected for redemption of bonds and coupons 18 26 taxes placed in hands of 63 156 Treasurer, board of education cities second class 76 204 bond 76 205 deliver warrant register to successor 250 743 deposit money in designated depositories 58 142 elected by city 76 204 indorse warrants "Presented and not paid for want of funds" 250 741 interest paid when due 81 224 pay money upon warrants 76 205 prepare monthly report 76 205 produce books and papers 76 205 redemption of indorsed warrants 250 742 register warrants indorsed 250 741 remit to state treasurer money collected for redemption of bonds and coupons 18 26 taxes paid over by county treasurer 77 206 term 76 204 Treasurer, county. (See County treasurer.) Treasurer county high school 151 428 appointment 151 428 bond 151 428 duties ' 151 428 taxes paid to, by county treasurer 152 434 term 151 428 Treasurer school district. (See District treasurer.) Treasurer, state. (See State treasurer.) Truancy law. (See Compulsory Education.) Truant officers: appointment 86 238 compensation 88 240 complaint by 86 238 duties 86 238 enforce education of deaf, dumb and blind 89 243 nomination 86 238 number 87 239 Truants: habitual truants 87 239 names reported by teachers 88 241 Trustees, county high school: annual report 156 448 annual tax levy 151 429 appointment 150 426 compensation 156 450 election 150 427 employ principal and teachers 155 443 expel members high-school fraternities 177 521 local site 152 436 officers of board . -. 151 428 president and secretary to certify tax rate 152 434 provide buildings 152 436 secretary . . 151 428 term... . 150 427 treasurer 151 428 vacancy filled by county commissioners 156 449 11 School Laws 2728 306 INDEX. Tuition: PAGE SEC. Barnes high schools 169 499 county high schools 155 446 fee may be assessed, school districts 128 354 high schools, cities of second class 75 200 high schools, payment in certain counties 148 421 pupils sent to more convenient district 122 pupils sent to other schools, schools discontinued 121 334 pupils sent to other districts, certain districts 120 332 rural high schools '. 176 516 Union or graded-school districts * 139 annual meeting, date 114 315 board of directors: duties 139 394 election 139 393 powers 139 394 bonds 140 396 clerk 140 397 dissolution of 141 401 petition and meeting 141 401 disposition of property . 141 402 division of property 142 403 established, how 139 393 purpose 139 393 tax levy for buildings and expense 139 395 treasurer 140 398 (See, also, Consolidation.) Universities : accredited by State Board of Education 37 74 course of study examined and approved by State Board of Education 37 74 graduates may receive state certificates 38 78 University, department of state school system 5 University -fund: constitutional provision 6 custodian 220 649 religious sect shall not control 6 Use of school buildings, cities of first and second class 56 Use of schoolhouse, school districts 134 380 Vacancies: board of education, cities of first and second class 53 12 county superintendent 1 district board, filled by county superintendent 102 275 examining committee board of education, cities first class ... 62 153 trustees, county high schools 156 449 Validating certain bonds 172 507 Valuation of property: certified by county superintendent to district clerks detachment of territory 1 formation of new districts 119 329 relation to bond issue: cities of first class 66 169 cities of second class 78 215 districts 12 refunding bonds 20 31 Vice President: . board of education, cities first class 62 150 board of education, cities second class 75 202 Voters, district meetings: challenge 115 319 qualifications 115 318 INDEX. 307 Wages, teachers': PAGE SEC. contract shall specify 135 384 paid for last month after term report is filed 136 387 paid for last month after truancy report is made '. 88 241 Warrants ". 248 249 countersigned by treasurer 249 739 definition of term "warrants" 249 735 drawn, how 249 735 outstanding warrants refunded 20 32 payment by treasurer 250 740 payment in order presented 250 741 penalty, signing or attesting warrant not authorized 251 744 presented and not paid for want of funds 250 741 publication of call for redemption of unpaid warrants 250 742 record kept by clerk 249 738 register delivered by treasurer to his successor 250 743 signed and attested by whom 249 737 special aid to Lansing 142 405 time warrants to pay for buildings, cities of second class 82 227 verified by affidavit 249 736 Warrants and bonds lost and destroyed : duplicate may be issued 248 731 duplicate issued on delivery of mutilated bond or warrant . . . 248 732 duplicate to correspond with original 248 733 record of duplicates issued 248 734 Washington's birthday, observance in public schools 213 629 W T ater-closets 135 381 White children, separate schools, cities first class 61 147 Willard, Frances Willard Day 252 745 Work permits 51 121 LJ UNIVERSITY OF CALIFORNIA LIBRARY, BERKELEY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW Books not returned on time are subject to a fine of 50c per volume after the third day overdue increasing to $1.00 per volume after the sixth day. Books not in demand may be renewed if application is made before expiration of loan period. MAB 2 1931 10m-4,'23 t UNIVERSITY OF CALIFORNIA LIBRA, r