A UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY » • t Code of Public Instruction OF THE State of Washington, WITH APPENDIX. PUBLISHED BY AUTHORITY. 1897 OLYMPIA, WASH. O. C. WHITE, . . . STATE PRINTER. 1897. 3 INTRODUCTION. y The school laws set forth one of the duties of the superintendent of public instruction as follows: "Sixth, To cause to be printed, with an appendix of appropriate forms and instructions for carrying into execution the laws relating to public schools, and to distribute to each county superintendent a sufficient number of copies to supply each district officer, and to cause the same to be printed and dis- tributed as often as any change in the laws makes it of sufficient importance, in his opinion, to justify the same."" Frank J. Browne, Superintendent of Public Instruction. OUTLINE OF PUBLIC SCHOOL SYSTEM. TITLE I. — TERRITORIAL DIVISIONS. Chapter 1. — The State. Section 1. System to consist of. Chapter 2. — The Countt. Section 2. Supervision. Chapter 3. — The District. Section 3. Term defined. Section 4. Form of organization. Section 5. Altering boundaries. Section 6. Limited to four sections or more. Section 7. May purchase school house site. Section 8. Preference right to purchase. Chapter 4. — Joint and Union Districts. Article I. — Union Schools. Section 9. Form of organization. Section 10. Powers of officers. Section 11. Determine grades and pay expenses. Article II. — Consolidated Districts. Section 12. Officers and number. Section 13. Division of funds. Section 14. Retain corporate existence. Section 15. Organization of board. Article III. — Joint Districts. Section 16. When formed. Section 17. How organized. Section 18. Reports from and apportionment to. TITLE II —POWERS AND DUTIES OF OFFICERS. Chapter 1. — Administrative Officers. Section 19. Officers named. Chatter 2. — Superintendent of Public Instruction. Section 20. Election. Section 21 . Salary. Section 22. Powers and duties. Section 23. Clerical assistance. 6 OUTLINE OF PUBLIC SCHOOL SYSTEM. TITLE II — Continued : Chatter 3.— State Board of Education. Section 24. Appointment. Section 25. Meetings and expenses. Sectiou 26. Vacancies. Section 27. Powers and duties. Chapter 4. — Board of Higher Education. Section 28. Consists of whom. Section 29. Unties. Chapter 5.— County Superintendent of Common Schools. Section 30. Election, deputy and vacancies. Section 31. Eligibility. Section 32. Eligibility — official ballot. Section 33. Powers and duties. Sectiou 34. Require and file reports. Section 35. Office days. Section 36. Appeals. Section 37. County commissioners furnish stationery. Section 38. Mileage expenses. Chapter 6. — School District Directors. Section 39. Election and qualification. Section 40. Powers and duties. Section 41. Liability for district debts. Section 42. Charge tuition. Section 43. Make by-laws — regular meetings. Section 44. Transact business for the district. Section 45. Have no pecuniary interest in. Section 46. Limit of district indebtedness. Section 47. Appeals. Chapter 7. — District Clerk. Section 48. Election, qualification and appointment. Section 49. Powers and duties. Section 50. Compensation. Chapter 8. — Teachers. Section 51. Qualification. Section 52. Make reports. Section 53. Properly keep the school register. Section 54. Enforce the course of study and rules of board. Section 55. Employment on written order. Section 56. Not teach on holidays, etc. Section 57. Power to control and suspend. Section 58. To teach the virtues. Chapter 9. — County Treasurer. Section 59. Powers and duties. Chapter 10.— General Provisions Relating to Officers. Section 60. Deliver books and papers to successor. Section 61. Take an oath. Section 62. File signature. Section 63. Recognizing former officers. OUTLINE OF PUBLIC SCHOOL SYSTEM. TITLE III.— THE COMMON SCHOOL SYSTEM. Chapter 1. — District Schools. Section 64. Definition. Section 65. Subjects taught. Section 66. School day and month. Section 67. School year. Section 68. Contagious diseases. Section 69. Pupils must comply with rules. Section 70. Length of term. Section 71. Compulsory attendance. Chapter 2. — Graded and High Schools. Section 72. Cities are one district. Section 73. Select a principal. Section 74. Select a superintendent for city schools. Chapter 3. — Cities of Ten Thousand or More Inhabitants. Section 75. Organization. Section 76. Constitution of board of directors. Section 77. Election. Section 78. Electors and registration of voters. Section 79. Declare result of election. Section 80. Qualification of directors. Section 81. Elections by viva voce vote. Section 82. Duty of president of board. Section 83. Duty of vice president of board. Section 84. Duty of secretary of board. Section 85. Secretaiy to give bonds. Section 86. Regular meetings of board. Section 87. Maintain an office. Section 88. County treasurer ex officio treasurer. Section 89. Board to fill vacancies in their number. Section 90. Quorum. Section 91. Auditing. Section 92. Powers and duties of the board. Section 93. Annual census. Section 94. Directors no interest in contracts. Section 95. Power to sell property limited. Section 96. Advertise for bids. Section 97. Annual school levy, how made. Section 98. Limit of tax levy. Chapter 4. — County Institutes. Section 99. When must be held. Section 100. When may be held. Section 101. Length of session. Section 102. When teachers are teaching during session. Section 103. Institute fund created. Section 104. Expenses allowed by commissioners. Chapter 5.— Text Books. Article I. — Adoption of Boohs. Section 105. How adopted. OUTLINE OF PUBLIC SCHOOL SYSTEM. Section 110. Section 111. Section 112. Section 113. Section 114. TITLE III — Chapter 5 — Continued: Article II. — Free Text Books. Section 106. Vote required at first election. Section 107. Vote may be had. Section 108. Board shall, upon vote, furnish books. Chatter 6. — School Revenues. Section 109. Principal of the common school fund. Income from permanent fund. State annual school levy. Special levy. Fines, penalties and forfeitures. Warrants paid in order. Section 115. New district entitled to money. Section 116. How apportioned to new district. Chapter 7. — Bonds. Section 117. Authorized. Election to vote. Shall advertise sale. Board to sell to highest bidder. County commissioners to levy interest. Section 122. County treasurer to pay interest from interest fund. Section 123. Board to furnish lithographed bonds. Board may refund. Holder to notify the treasurer. Incidental expenses. Method of redemption. Chapter 8. — Validation of Debts. Section 128. Authorization. Section 129. Board adopts a resolution to validate. Section 130. Determine time and place for election. Section 131. Call an election of district. Section 132. May issue bonds. Section 133. Shall advertise for sale. Section 134. Holders of warrants may exchange for bonds. Section 135. Notice of election to the treasurer. Chapter 9. — Certification of Teachers. Article I. Validation of outstanding certificates. Classification of certificates. Section 118. Section 119. Section 120. Section 121. Section 124. Section 125. Section 126. Section 127. Section 136. Section 137. Article II. Section 138. Section 139. Article III. Section 140. Section 141. Section 142. Section 143. Life diplomas and state certificates on examination. State certificates without examination. Examination before county superintendent. Subjects of examination. Examination fee. County superintendents forward papers. Section 144. First grades renewable. Section 145. Second examination possible when. Section 146. Temporary certificates. OUTLINE OF PUBLIC SCHOOL SYSTEM. 9 TITLE III — Chapter 9 — Continued: Article IV. — General Provisions. Section 147. Registration of certificates. Section 148. Certificates may be revoked. Chapter 10. — Elections and Meetings. Article I. — General Elections. Section 149. Date of annual election. Section 150. Notice of time and place. Section 151. Form of election. Section 152. Ballots and challenges. Section 153. Qualification of electors. Section 154. Declaring result of election. Section 155. Certificates of election and tie votes. Article II. — Special Elections. Section 156. To determine what. Section 157. How held. Section 158. Directors shall carry out the vote. Chapter 11.— Penalties. Section 159. State board of education. Section 160. County superintendent of schools. Section 161. Failure to account for school money. Section 162. Failure to teach hygiene. Section 163. County superintendent's failure to enforce teaching hy- giene. Section 164. District clerk. Section 165. Failure to deliver to successor. Section 166. Teacher's failure to enforce course of study. Section 167. Abuse of pupils. Section 168. Failure to attend institute. Section 169. Abuse of teacher. Section 170. Disturbing a school. Section 171. Failure to send children to school. Section 172. Defacing property. Section 173. Vivisection. Section 174. Failure to use authorized text books. Section 175. Failure to maintain school legal time. Chapter 12. — General Provisions. Section 176. "He" or "his." Section 177. Superior judge enforce compulsory law. Section 178. Against vivisection. Section 179. Against dissection. Section 180. Shall procure and display Hag. Section 181. Kindergarten schools. TITLE IV— HIGHER AND SPECIAL INSTITUTIONS. Chapter l. — Universitv of Washington. Article I. — A dm inislralion . Section 182. Location and name. Section 183. Aim and purpose. 10 OUTLINE OF PUBLIC SCHOOL SYSTEM. Section 185. Section 18G. Section 187. Section 188. Section 195. Section 196. Section 197. Section 198. Section 199. TITLE IV — Chapter 1 — Article I — Continued: Section 184. Government. Organization of board of regents. Powers of board of regents. The faculty. Non-sectarian. Section 189. Attorney general the legal adviser Chapter 2. — Agricultural College. Section 190. Oi'ganizatiou. Section 191. Ex officio visitors. Section 192. Courses of instruction. Section 193. Departments. Section 194. Board of regents and their powers. Officers and their bonds. Duties of officers. Adoption of by-laws. Management of funds. Experiment station. Section 200. Congressional requirements. Section 201. Meeting of board of regents. Section 202. Oaths of regents. Section 203. Expenses of board of regents. Biennial report. Disbursements by the treasurer. Employes shall have no interest in contracts. Governor ex officio member of board. Section 208. Power to grant degrees. Section 209. Power to erect buildings. Section 210. Power to employ architects. Section 211. Current expenses. Chapler 3. — Normal Schools. Section 212. Establishment of normal schools. Appointment of trustees. Election of officers — by-laws. Powers of board. Boarding houses. Section 217. Meetings of board. Section 218. Duties of principal. Section 219. Training school. Section 220. Diplomas and certificates. Section 221. Tuition expenses. Section 222. Courses of study. Section 223. Text books. Section 224. Age for admission. Section 225. Annual meeting of principals. Section 220. Biennial report. Section 227. Trustees shall have no interest in contracts. Chapter 4.— School for Defective Youth. Section 228. Establishment. Section 229. Who admitted. Section 230. Management. Section 204. Section 205. Section 200. Section 207. Section 213. Section 214. Section 215. Section 210. OUTLINE OF PUBLIC SCHOOL SYSTEM. 11 TITLE IV — Chapter 4— Continued: Section 231. Powers of the board. Section 232. Appointment of board. Section 233. Vacancies. Section 234. Constitution of board. Section 235. Official notice of appointment. Section 236. Annual meeting. Section 237. Treasurer's bond. Section 238. Bydaws. Section 239. Special meetings. Section 240. Quorum. Section 241. Official notice of meetings. Section 242. Meeting of executive committee. Section 243. Inspection by executive committee. Section 244. Trustees shall have no interest in contracts. Section 243. Financial and official year. Section 246. School term. Section 247. Biennial report. Section 248. The director. Section 249. Director responsible for property. Section 250. Removal of director. Section 251. Admission of non-residents. Section 252. School clerk's reports. Section 253. County superintendent's duty. Section 254. Compulsory attendance. Section 255. Expenses of indigent pupils. Section 256. Penalties. TITLE V.— REPEALING AND EMERGENCY CLAUSES. Section 257. Section 258. Repealing school laws. Emergency declared. CODE OF PUBLIC INSTRUCTION. An Act to establish a general, uniform system of public schools in the State of Washington, and repealing chapter vi of title m, chapter vn of title v, all of title x except chapter xvn, chapter iv of title l, all being of volume i of Hill's Annotated Statutes andCodesof Washington; also repealing all amendments thereto: also repealing an act entitled "An act concerning the forma- tion of new school districts, changing the boundaries and trans- ferring territory from one district to another," approved March 9, 1893; also repealing an act entitled "An act to provide for the management and control of state normal schools in the State of Washington," approved March 10, 1893, and all amendments thereto; also repealing an act entitled "An act granting to school districts the right to purchase school house sites of school lands belonging to the State of Washington of not less than one acre and not more that five acres, and granting to school dis- tricts the preference right to purchase such sites, and declaring an emergency," approved February 26, 1895; also repealing an act entitled "An act relating to the indebtedness of school districts, providing means and methods for paying and funding the same, and means for validating the same or any part thereof incurred in excess of one and one-half per centum of the taxable property of the school district without the assent of three-hfths of the voters of the school district voting at an election held for that purpose, and declaring that an emergency exists for the taking effect of this act on its passage and approval by the gov- ernor," approved March 1, 1895; also repealing an act entitled "An act to provide for the formation of joint school districts, and to prescribe the minimum number of school children re- quired for the formation of new school districts, and declaring an emergency," approved March 13, 1885. JBe it enacted by the Legislature of the State of Washvujton : TITLE I— DIVISIONS OF TERRITORY. Chapter 1.— The State. Section I. A general and uniform system of public schools state system ° J * of schools. shall be maintained throughout the State of Washington, and shall consist of common schools (in which all high schools shall be included), normal schools, technical schools, univer- sity of Washington, school for defective youth and such other educational institutions as may be established and maintained by public expense. u CODE OF PUHLIC INSTRUCTION. School district defined. Organization of new district. Notice of meeting. Appeal 1" county com- missioners. Chapter 2. — The County. Sec. 2. For purposes of supervision and administration each county in the state shall constitute one county district. Chapter 3.— The District. Sec. 3. The term "school district," as used in this act is declared to mean the territory under the jurisdiction of a single school board designated as "board of directors," and shall be organized in form and manner as hereinafter pro- vided, and shall be known as district No. , county: Provided, That all school districts now existing, as shown by the records of the county superintendents, are hereby recog- nized as legally organized districts. Sec. 4. For the purpose of organizing a new district, a pe- tition in writing shall be made to the county superintendent, signed by at least five heads of families residing within the boundaries of the proposed new district, which petition shall describe the boundaries of the proposed new district and give the names of all the children of school age residing within the boundaries of such proposed new district at the date of presenting said petition. The county superintendent shall give notice to the parties interested by causing notices to be posted at least twenty (20) days prior to the time appointed by him for considering said petition, in at least three of the most public places in the proposed new district, and one on the school house door of each district affected by the pro- posed change, or if there be no school house, then in one of the most public places of said old district, and shall, on the day fixed in the notice, proceed to hear said petition, and if he deem it advisable to grant the petition he shall make an order establishing said district and describing the boundaries thereof, and shall certify his action to the board of county commissioners at their next regular meeting: Provided, That when in the formation or alteration of any school district, or in the refusal of a county superintendent to form or alter a school district as prayed for, if any person affected by such formation or alteration, or by such refusal to form or alter a school district as prayed for, shall feel aggrieved by the action of the county superintendent, he may appeal to the board of county commissioners of his county. Said appeal shall be filed with the clerk of the board of county commis- sioners within twenty days after the action complained of, and shall state in a clear and concise manner the matters CODE OF PUBLIC INSTRUCTION. 15 complained of, which statement shall be verified by the affi- davit of the appellant or appellants. Copies of the notice of appeal shall be filed with the county superintendent and with the clerk of each school district affected by the appeal, at the time of filing said notice with the clerk of the board of county commissioners. The county commissioners shall, at their Hearing of next regular meeting, appoint a time and place when such appeal shall be heard. At such appointed time and place they shall hear and determine said appeal, and shall have power to summon witnesses, and their action shall be final. Sec. 5. For the purpose of transferring territory from one Changing 1 r ^ boundaries. district to another, or enlarging the boundaries of any school district, a petition in writing shall be presented to the county superintendent, signed by a majority of heads of families re- siding in the territory which it is proposed to transfer or in- clude, which petition shall describe the change which it is proposed to have made. It shall also state the reason for de- siring said change, and the number of children of school age residing in the territory to be transferred. The county su- ^ottceof perintendent shall file said petition in his office, and shall give notice to parties interested by causing to be posted notices at least twenty days prior to the time appointed by him for con- sidering said petition, one of which shall be in a public place in the territory which it is proposed to be annexed or trans- ferred, and one on the door of the school house in each dis- trict affected by the change, or if there be no school house in such district, then in some public place in such district or districts; and at the time stated in said notices he shall pro- ceed to hear said petition, and if he deem it advisable he shall grant the same and make an order fixing the boundaries of the districts affected by his action, and shall certify his action to the board of county commissioners at their next regular meeting: Provided, That an appeal may be taken, as provided Appeal, for in section four of this chapter. Sec. 6. In forming new districts, or transferring territory Not less than , ,. four sections. from one district to another, or changing boundaries of dis- tricts, no school district shall contain less than four sections of land, unless said district can support six months' school per year after such change of territory. Sec. 1. That anv school district may purchase, under the school i..»u- provisions of law governing the sale thereof, a school house site or sites of not less than one acre nor more than five acres each, of any school lands of the State of Washington. 16 CODE OF PUBLIC INSTRUCTION. Preference g EC- g. That in all cases when a school house is or may be right to J purchase. erected upon any school lands of this state the school district to which such school house belongs shall have the preference right for six months after the filing of the final appraisal of such school lands not already appraised, to purchase school house sites to include the lands occupied by such school houses, at the appraised value thereof. Chapter 4. — Joint and Union Districts, article i. — union schools. Organization. Sec. 9. Whenever the residents of two or more school districts may wish to unite for the purpose of establishing a union or graded school, the clerks of said districts, by order of the boards of directors, shall, upon a written or printed petition of five or more heads of families of their respective districts, call a meeting of the voters of such districts at some convenient place, by posting written or printed notices in like manner as is provided for calling annual school dis- trict elections ; and if a majority of the voters of each dis- trict shall vote to unite for the purpose herein stated, the boards of directors of the several districts so voting to unite shall constitute the board of directors of such union district, officers. and shall, within ten days thereafter, meet and organize by electing one of their number president of the board, and selecting a clerk for such union district ; and the clerk and president chosen at such meeting shall hold their re- spective offices until the next annual school district election and until their successors are elected ; and the election of president and clerk shall occur annually thereafter, on the second Saturday next succeeding the annual school district election. Powers of the Sec. 10. The board of directors and clerk provided for in union board. -in-n 1 • 1 the preceding section shall, in all matters relating to the union or graded schools of such districts, possess all the powers, discharge all the duties and be governed by the laws herein provided for school district officers, and the clerk of such union district shall, immediately upon his election, in- form the county superintendent of the organization of the district. Course of Sec. 11. The directors of such union districts shall deter- mine what grade or grades of pupils shall attend such union schools, and shall determine the course of study that shall be pursued in such schools: Provided, That such course of study CODE OF PUBLIC INSTRUCTION. 17 shall not be inconsistent with the laws of this state; and all Expenses, expenses of such union schools shall be borne by the districts so uniting in proportion to the amount of funds apportioned to each district by the county superintendent, and the board of directors of each district shall issue warrants of their dis- tricts for such amounts. ARTICLE II. — CONSOLIDATED DISTRICTS. Sec. 12. When two or more school districts are consoli- Organization, dated by the provisions of this act, or where two or more districts are consolidated by the uniting of two or more in- corporated cities or towns, as provided by law, all the direct- ors of the several districts so consolidated shall constitute the board of directors of the new district so formed, and shall officers and nidi* pow crs. have all the powers and authority conferred by the laws of this state upon school district officers until the next annual school election in said district, at which time there shall be elected three directors and one clerk for said district, in the manner provided by law, who shall hold their respective offices as provided for the officers of new districts; and the county superintendent of any county in which new districts are formed by the uniting of two or more cities or towns, or by the incorporating of any city or town lying partly in two or more school districts, shall, upon being notified of such ac- tion by the clerk or by the board of directors of such new district, proceed to designate such new district by a number Number of r ° consolidated not the same as that of either component district or of any district, existing district, and to make a record of the boundaries thereof, and he shall certify such facts to the board of county commissioners, to the county treasurer and to the clerk of the new district thus formed. Sec. 13. All school districts formed by the uniting of two Property be- ,. • i i r • ,, • longing to the or more city or town districts, as provided tor in this act, consolidated shall be entitled to the funds and other public property of the other school districts so united, and the county superin- tendent shall apportion all funds to the new district in accord- ance with this provision and shall certify such apportionment to the county treasurer. Sec. 14. Each school district composing said consolidated ^SS^s retain district shall retain its corporate existence so far as and until c 1 ^' u . , ,K!,!.' orate its indebtedness has been paid in full, and the officers of said new district shall have the power and it shall be their duty —2 18 CODE OF PUBLIC INSTRUCTION. Organization of board of directors. to provide by appropriate levies upon such old district as may be necessary for the payment of indebtedness: Provided, That when such payment of indebtedness is fully made the clerk of the district shall enter the fact upon the records of the district and report the same to the county superintendent of schools. Sec. 15. When two or more school districts shall be united by the provisions of this act, the boards of directors of the several districts so united shall, within thirty days thereafter, meet and organize the new board by the election of one of their number as president of the board. They shall also elect a clerk for said district, and the clerks of the several districts so united shall deliver to said clerk all books, papers and rec- ords belonging to their respective offices. The clerk of the new district thus formed shall immediately notify the county superintendent of the organization of the new district. When formed. Organization. Election of officers. ARTICLE III. — JOINT DISTRICTS. Sec. 16. When the public good requires it, a school district may be formed of contiguous territory lying in two or more counties, and such districts shall be known as joint districts. They shall be designated by a separate number for each county in which any portion of their territory may lie. Sec IT. For the purposes of forming such joint districts, a petition shall be presented, drawn and signed as prescribed for the formation of other school districts; but such petition shall be presented in duplicate to the superintendent of each county affected by the proposed district, and the superin- tendent of each such county shall post notices of the hearing of the petition before him as in the case of petitions for other districts: Provided, That at least one notice shall be posted in each county affected, such notice being posted in a public place within the boundaries of the proposed joint district. Each county superintendent shall conduct his hearing within his own county, and the consent of the superintendents of all the counties affected shall be necessary to the formation of the district. Such consent shall be certified in writing by each superin- tendent to each of the others, and when all have consented they shall jointly issue a call for a special election in such joint district for the purpose of selecting officers for said dis- trict. The call for such election shall be posted as in the case of other special elections, and the officers elected shall qualify CODE OF PUBLIC INSTRUCTION. 19 within two days after the election. Such officers shall serve only until the next regular annual election, when a full set of officers shall be elected as provided in the case of other new districts. Every director or clerk of the joint district shall oath of office, file his certificate of election and oath of office with the county superintendent of each county in which any portion of his district lies, and he shall file his signature as required by law in the office of the county treasurer of each such county. Vacancies in the office of director or clerk of a joint district Vacancies, shall be filled by appointment by the county superintendent in whose county the officer vacating resided while serving, and a copy of such appointment, with the oath endorsed thereon, shall be filed in the office of each county superin- tendent. Sec. 18. All reports from joint districts shall be made in Reports from . _ joint districts. full to the county superintendent of each county affected thereby: Provided, That any county superintendent may order the segregation, of any items of such report so as to show separately the numbers or amounts from each county affected thereby: And provided further, That for the purpose of the apportionment of state school funds the district shall be considered as belonging to the county in which the school building is located. TITLE II.— OFFICERS. THEIR POWERS AND DUTIES. Chapter 1. — Administrative Officers. Sec. 19. The administration of the public school system Adminia- J tration. shall be entrusted to a state superintendent of public instruc- tion, a state board of education, a board of higher education, regents or trustees for educational institutions, county super- intendents of common schools, boards of directors and district clerks. Chapter 2. — Superintendent of Public Instruction. Sec. 20. A superintendent of public instruction shall be when elected, elected by the qualified electors of the state, on the first Tuesday after the first Monday in November of the year in which state officers are elected, and shall hold his office for the term of four years, and until his successor is elected and qualified. Sec. 21. The superintendent of public instruction shall re- Salary, ceive an annual salary of twenty-five hundred dollars, payable monthly, upon warrant of the state auditor, drawn upon the 20 CODE OF PUBLIC INSTRUCTION. Powers and duties. Supervision. Reports. To prepare blanks. To travel. state treasurer, in the same manner as other state officers are paid. Sec. 22. The powers and duties of the superintendent of public instruction shall be — First: To have supervision over all matters pertaining to the public schools of the state. Second: To report biennially to the governor on or before the first day of November preceding the regular session of the legislature, of which report three thousand copies shall be printed and delivered to the superintendent of public in- struction, who shall furnish two copies to be deposited in the state library, one copy to each county superintendent of schools, and one copy to each district library. Said report shall contain a statement of the general condition of the pub- lic schools of the state, with full statistical tables, by counties, showing the number of schools and the attendance; the state and county school funds apportioned, amount received from special tax and from other sources, amount expended for sal- aries of teachers, the salaries paid by the several counties to the county superintendent of schools, and the amount paid him for incidentals and expenses; the amount paid for build- ing and providing school houses, furniture and apparatus; the amount of bonded or other school indebtedness, with the rate of interest paid thereon; the reports of all state educa- tional institutions, or such portions of them as he may think advisable, together with such other facts as he may deem of general interest. He shall also include in his report a state- ment of plans for the management and improvement of the schools. Third: To prepare and have printed such blanks, forms, registers, courses of study, rules and regulations for the gov- ernment of the common schools, questions prepared for the examination of teachers, and such other blanks and books as may be necessary for the discharge of the duties of teachers and officers charged with the administration of the laws re- lating to the common schools; and to distribute the same to the county superintendents. Fourth: To travel in the different counties of the state where public schools are taught, without neglecting his other official duties as superintendent of public instruction, for the purpose of visiting schools, of consulting the county superin- tendents, and of addressing public assemblages on subjects pertaining to public schools; also to conduct such correspond- CODE OF PUBLIC INSTRUCTION. 21 ence as may enable him to obtain all necessary information relating to the system of public schools in other states. Fifth: To submit to the state auditor a monthly statement Expenses, of his expenditures for traveling expenses: Provided, That said expenditures shall not exceed eight hundred dollars in any one year. Sixth: To cause to be printed, with an appendix of appro- To publish . , . . . laws. priate forms and instructions for carrying into execution the laws relating to public schools, and to distribute to each county superintendent a sufficient number of copies to supply each district officer, and to cause the same to be printed and distributed as often as any change in the laws makes it of sufficient importance, in his opinion, to justify the same. Seventh: To act as ex officio president of the state board of f^'board* education. Eighth: To hold biennially, on or before the first day of K™^ May following the election of county superintendents, a con- |n^ nntend " vention of the county superintendents of the state, at such time and place as he may deem convenient, for the discussion of questions pertaining to the supervision and administration of the school laws, and such other subjects affecting the wel- fare and interests of the common schools as may be brought before it. Ninth: Upon the receipt from the state auditor of a certifi- Apportion 1 r school fund. cate of the state school fund subject to apportionment, to ap- portion within ten days said fund among the several counties of the state, in proportion to the total days' attendance: Pro- vided, That each school district shall be credited with at least two thousand total days' attendance. The basis of said ap- portionment shall be the last annual reports of the several county superintendents on file in his office at the time of making his apportionment. Tenth: To require annually, on or before the fifteenth day } ^™ { * f """ of August, of the president, manager or principal of every s<'''°ois. seminary, academy or private school, and of the president, manager or principal of every state educational institution in this state, a report of such facts arranged in such form as he may prescribe, and he shall furnish blanks for such reports, and it is made the duty of every such president, manager or principal to fill up and return such blanks within such time as the superintendent of public instruction shall direct. Eleventh: To keep in his office a directory of all boards of S^^ na] regents and trustees of state educational institutions, of the directory. 22 CODE OF PUBLIC INSTRUCTION. Grade examin- ation papers and issue certificates. Office at the capital. Decide appeals. To deliver to his successor. Deputy and stenographer. Appointment. faculties of said institutions, and of all teachers receiving cer- tificates to teach in the common schools of this state. Twelfth: To grade and make record of the standing of all examination papers submitted to him by county superintend- ents, and to issue certificates thereon as provided by law. Thirteenth: To keep in his office at the capital of the state all books and papers pertaining to the business of his office, and to keep and preserve in his office a complete record of statistics and all matters pertaining to the educational inter- ests of the state, as well as a record of the meetings of the state board of education. He shall file all papers, reports and public documents transmitted to him by the school officers of the several counties of the state each year, separately. Copies of all papers filed in his office, and his official acts, may be certified by him and attested by his official seal, and when so certified shall be evidence equally and in like manner as the original papers. Fourteenth: To decide all points of law which may be sub- mitted to him in writing by any county superintendent, or that may be submitted to him by any other person upon ap- peal from the decision of any county superintendent, and shall publish his rulings and decisions from time to time, for the information of school officers and teachers; and his decisions shall be final unless set aside by a court of competent juris- diction. Fifteenth: To deliver over to his successor at the expiration of his term of office, all records, books, maps and documents, and papers of whatever kind belonging to his office, or which may have been received by him for the use of his office. Sec. 23. The superintendent of public instruction is hereby authorized to appoint a stenographer, and also a deputy super- intendent of public instruction, who shall hold a life diploma. The compensation of both shall not exceed twenty-five hun- dred dollars per annum, and shall be paid in the manner pre- scribed for the payment of state officers. Chapter 3. — State Board of Education. Sec. 24. The governor shall appoint, by and with the ad- vice and consent of the state senate, four suitable persons, at least two of whom shall be selected from those actually en- gaged in teaching in the common schools of the state, and who hold life diplomas issued by authority of this state, who, together with the superintendent of public instruction, shall CODE OF PUBLIC INSTRUCTION. 23 constitute the state board of education. The persons ap- Teri " °f office pointed shall hold their office for two years from the first Monday in March next following their appointment, and shall serve until their successors are appointed and qualified. Sec. 25. The state board of education shall hold an annual Meetings, meeting at the capital of the state on the first Tuesday in June of each year, and may hold such special meetings as may be deemed necessary for the transaction of public business, such special meetings to be called by the superintendent of public instruction. The persons appointed as members of Expenses, the board of education shall be paid for their services the actual expenses incurred in the performance of their duties, which expenses shall be paid by the state treasurer, on war- rant of the state auditor, out of funds not otherwise appro- priated, upon the certificate of the superintendent of public instruction: Provided, That the expenses of the whole board shall not exceed the sum of one thousand dollars in any one year. Sec. 26. Whenever any vacancy in the board shall occur, Vacancies, whether by death, removal, resignation or otherwise, the gov- ernor shall fill the vacancy by appointment. Sec. 27. The state board of education shall have power — Powers and First: To adopt or to readopt, according to law, at a special meeting to be called by the superintendent of public instruc- Adopt text • r • r i /• books. tion, a uniform series of text books for the use of the com- mon schools throughout the state. Second: To prepare a course or courses of study for the Prepare courses of primary, grammar and high school departments of the com- study. mon schools, and to prescribe such rules for the general gov- ernment of the common schools as shall secure regularity of attendance, prevent truancy, secure efficiency and promote the true interests of the common schools. Third: To use a common seal, and to elect one of their Electa i iini -i r secretary- Own members as secretary, who shall keep a correct record of all proceedings of the board, and shall file a certified copy of the same in the office of the superintendent of public instruc- tion. Fourth: To sit as a board of examination at their annual Jl^l?™™' or special meetings, and to grant state certificates and life diplomas. Fifth: To prepare a uniform series of questions to be used t P ^'s H f£ ? r q,,es " by the county superintendents in the examination of teachers, 2mtnirtion« and to determine rules and regulations for conducting the same. 24. CODE OF PUBLIC INSTRUCTION. C< >iisists of whom. Adopt and harmonize courses of study. Election. May appoint a deputy. Vacancy. Eligibility. In small counties. Chapter 4. — Board of Higher Education. Sec. 28. The board of higher education shall consist of the state board of education, together with the president of the university of Washington, the president of the state agricul tural college and school of science, and the principals of the state normal schools. Sec. 29. The board of higher education shall have the power, and it shall be their duty, to adopt courses of study for normal schools, and for the preparatory requirements for entrance to the university of Washington and to the agri- cultural college. The board shall arrange such courses and adopt and enforce such regulations as will place the state in- stitutions in harmonious relations with the common schools and with each other, and unify the work of the public school system. Chapter 5.— County Superintendent of Common Schools. Sec. 30. A county superintendent of common schools shall be elected in each county of the state at each general election, whose term of office shall begin on the second Monday in January next succeeding his election and continue for two years and until his successor is elected and qualified. He shall take the oath or affirmation of office, and shall give an official bond in a sum to be fixed by the board of county commissioners. He may, at his own cost, appoint a deputy, who shall qualify in the same manner as the county superin- tendent, and perform all the duties of the office, subject, how- ever, to revision by the county superintendent. The county commissioners of each county shall fill any vacancy that may occur in the office of county superintendent until the next general election. Sec. 31. No person shall be eligible to hold the office of county superintendent of common schools who shall not at the time of his election or appointment have taught in the public schools of this state one school year of nine months, and who shall not at the time of such election or appointment hold a state certificate or life diploma or a first grade common school certificate in full force and effect: Provided, That in all counties of the twenty-seventh class and in all counties of a class having a greater number than twenty-seven, a person shall be eligible to hold the office of county superintendent of common schools if he shall have taught in the public schools of the state for at least nine school months, and shall hold at CODE OF PUBLIC INSTRUCTION. 25 the time of his election or appointment a certificate, except a special certificate or a temporary certificate, in full force and effect. Sec. 32. The county auditor shall not place the name of offi «ai ballot, any person upon the official ballot as a candidate for the office of county superintendent of common schools unless such per- son shall have filed in the office of the county auditor, at least twenty days before the date at which the election is to be held, proof of having taught in the schools of the state one school year of nine months, together with a copy of one of the certificates required by this act. Sec. 33. Each county superintendent shall have the power, Powers and and it shall be his duty — First: To exercise a careful supervision over the common To supervise, schools of his county, and to see that all the provisions of the common school laws are observed and followed by teachers and school officers. Second: To visit each school in his county not less than To visit schools. once in each year. Third: To distribute promptly all reports, laws, forms, To distribute circulars and instructions which he may receive for the use of the schools and the teachers. Fourth: To enforce the course of study adopted by the To enforce state board of education and to enforce the rules and regula- tions required in the examination of teachers. Fifth: To keep on file and preserve in his office the bien- To file reports, nial reports of the superintendent of public instruction and of the county superintendents of his county. Sixth: To keep in good and well bound books, to be fur- To keep 1 ° records. nished by the county commissioners, records of his official acts. Seventh: To preserve carefullv all reports of school officers To preserve 1 j i reports. and teachers, and at the close of his term of office, to deliver to his successor all records, books, documents and papers be- longing to the office, taking a receipt for the same, which shall be filed in the office of the county auditor. Eighth: To administer oaths and affirmations to school ^"'."uhs directors, teachers and other persons, on all official matters connected with or relating to schools, but shall not make or collect any charge or fee for so doing. Ninth: To keep in a suitable book an official record of all J",^^ persons under contract to teach in the schools of his county, showing the number of the school district, the date of the 26 CODE OF PUBLIC INSTRUCTION. To make an- nual report. To record boundaries. To appoint officers. To apportion school funds. contract, the names of the contracting parties, the date of the expiration of the teacher's certificate and the grade thereof, the salary paid, and the date of commencing school, with the leugth of the term in weeks. He shall, if the contract is properly drawn and the contracting teacher has a certificate in full force and effect for the entire term for which the con. tract is issued, countersign the same, and no contract shall be valid without such signature of the county superintendent. Tenth: To make an annual report to the superintendent of public instruction on the first day of August of each year for the school year ending June 30, next preceding. The report shall contain an abstract of the reports made to him by the district clerks, and such other matters as the superintendent of public instruction shall direct. Eleventh: To keep in his office a full and correct transcript of the boundaries of each school district in the county. In case the boundaries of said districts are conflicting or incor- rectly described, he shall change, harmonize and describe them, and, at their next regular meeting, he shall certify his action to the county commissioners of his county, and shall file with them a complete transcript of the boundaries of all school districts affected by his action, which shall be entered upon the journal of said board and become a part of their records. The county superintendent shall, on request, fur- nish the district clerks with descriptions of the boundaries of their respective districts. Twelfth: To appoint directors and district clerks to fill vacancies; to appoint directors and district clerks for any new districts: Provided, That when any new district is organized, such of the directors and district clerk of the old district as reside within the limits of the new one shall be directors and district clerk of the new one, and the vacancies in the old district shall be filled by appointment. Thirteenth: To apportion, within ten days after receiving the certificate of apportionment of the superintendent of pub- lic instruction, the state annual school fund, and such other funds as are subject to apportionment, to the several school districts entitled to receive the same, in accordance with the instructions of the superintendent of public instruction. He shall certify the result of the apportionment to the county treasurer, and also notify each clerk of the amount appor- tioned to that district. fourteenth: To grant such temporary and special certifi- CODE OF PUBLIC INSTRUCTION. 27 cates and to conduct such examinations of teachers and To s™" 1 * tem- porary certifi- candidates for entrance to the normal schools, and make such °* tes an i J J tract to teach. shall make a report to the county superintendent at the time of the contract to teach such school, showing the number of the district in which he is to teach, the grade of his certifi- cate, date it expires, and the proposed length of term, and at the close of any school to report to the county superintendent on the blanks prescribed by the superintendent of public in- struction. Every teacher who shall be teaching at the close Report at close of school term of the school year, or who shall teacn the last term of any or year, school year, in any school district, shall make a report to the county superintendent immediately upon the close of such school year or term, for the entire time taught in said school district since the beginning of the school year. Copies of all reports made by teachers shall be furnished to the clerk of the district, to be by him filed in his office. No board of di- rectors shall draw any order or warrant for the salary of any teacher for the last month of his service until the reports herein required shall have been made and received: Provided, That in all schools acting under the direction of a city super- City superin- ° j i teiulentor intendent, the report of such superintendent shall be accepted principal , . . . may report. by the county superintendent and the directors in lieu of the teacher's report, and that when there is no city superintend- ent, the report of the principal shall be accepted in lieu of the teacher's report. Sec. 53. Every teacher shall keep a school register in the Must keep J . register. manner provided for, and no board of directors shall draw any warrant for the salary of any teacher for the last month of his service in the school at the end of any term or year, until they shall have received a certificate from the district clerk that the said register has been properly kept, the sum- Final report. maries made and the statistics entered, or until, by personal examination, they shall have satisfied themselves that it has been done. Sec. 54. Teachers shall faithfully enforce in the schools the mnrse of study and regulations prescribed. Sec. 55. No teacher shall be employed except by written written record . of employ- order of a majority oi directors, at a regular or special meet- went. ing thereof, nor unless the bolder of a legal teacher's certifi- cate in full force and effect for the full period covered by said contract. Sec. 5G. No teacher shall be required to teach school on 36 CODE OF PUBLIC INSTRUCTION. Legal holidays. May suspend pupils. Tench moral- ity and patriotism. Treasurers of school dis- tricts : To receive and pay out school funds. To certify funds subject to apportion- ment. To make an- nual report. Saturdays or any legal * holiday, and no deduction from the teacher's time or salary shall be made by reason of the fact that a school day happens to be one of the days referred to in this section as a day on which school shall not be taught. Sec. 57. Every teacher shall have power to hold every pupil to a strict accountability in school for any disorderly conduct on the way to and from school, or on the grounds of the school, or doing the intermission or recess; to suspend from school any pupil for good cause: Provided, That such suspension shall be reported to the directors as soon as prac- ticable for their decision. Sec. 58. It shall be the duty of all teachers to endeavor to impress on the minds of their pupils the principles of moral- ity, truth, justice, temperance and patriotism; to teach them to avoid idleness, profanity and falsehood; to instruct them in the principles of free government, and to train them up to the true comprehension of the rights, duty and dignity of American citizenship. Chapter 9. — County Treasurer. Sec. 59. The county treasurers of the several counties of this state shall be ex officio treasurers of the several school districts of their respective counties, and it shall be the duty of each county treasurer — First: To receive and hold all moneys belonging to such school districts, and to pay them out upon warrants or orders of the boards of directors of the districts to which they be- long. Second: To certify to the county superintendent of com- mon schools of his county, July first of each year, and quar- terly thereafter, the amount of all school moneys in his possession subject to apportionment on the last day of the preceding month, which certificate shall specify the source or sources from which said moneys were derived. Third: To make annually, on or before the fifteenth day of July, a report to the county superintendent of his county, which report shall show the amount of school funds on hand at the beginning of the school year last past belonging to each school district; the amount of funds placed to the credit *The legal holidays are Sunday, New Year's Day, Lincoln's Birthday, Wash- ington's Birthday, Decoration Day, Fourth of July, Labor Day, Christmas Day, any day on which a general election is held throughout the state, and any day designated by proclamation of the chief executive as a legal holiday or a day of thanksgiving. CODE OF PUBLIC INSTRUCTION. 37 of each school district during the school year ending June 30, last past, and the sources from which said funds were derived; the amount of funds disbursed upon orders or warrants of each school district during the year, and for what purpose they were paid out; the amount of funds remaining in his possession at the close of the school year subject to be paid out upon warrants of school district officers, and the fund to which said moneys belong; also the amount of all unpaid warrants or bonds appearing upon his register at the close of the school year. Fourth: He shall keep a register of all school district war- To re K ister . in! warrants. rants presented to him for payment, which register shall show the number of the warrant, the date of issue and the date on which it was registered, the amount, and the purpose for which it was issued, to whom issued and to whom paid, and the amount of interest, if any, accruing on said warrant be- fore payment. Whenever any school district warrant shall be presented to the county treasurer for payment, if properly signed, he shall pay the same out of the proper fund of the district upon which it is issued, if there be funds in his posses- sion for that purpose; but if there be no funds in his posses- sion for that purpose he shall endorse upon the back of said warrant the words, "Presented and not paid for want of on^wnuit"' funds," together with the date of said endorsement, and thereafter said warrant shall draw interest at the same rate as county warrants until there shall be sufficient funds for its payment; and it is hereby made the duty of the county treas- Advertise can r J of warrants. urer to advertise, quarterly, all warrants which he is prepared to pay, in the same way in which he is required to advertise county warrants, and after the date fixed in said notice said warrants shall cease to draw interest. Chapter 10. — General Provisions Relating to Officers. Sec. 60. When any school officer is superseded, by election shall turn over property. or otherwise, he shall immediately deliver to his successor in office all books, papers and moneys pertaining to his office. Sec. 61. Everv person elected or appointed to anv office Take oath . J of office. mentioned in this act shall, before entering upon the dis- charge of the duties thereof, take an oath or affirmation to support the constitution of the United States and the State of Washington, and to promote the interest of education, and to faithfully discharge the duties of his office according to the best of his ability. In case any officer has a written appoint- 38 CODE OF PUBLIC INSTRUCTION. May admin- ister oaths. Shall file signature. Authority of officers validated. ment or commission, his oath or affirmation shall be endorsed thereon and sworn to before any officer authorized to admin- ister oaths. School officers are hereby authorized to admin- ister all oaths or affirmations appertaining to tbeir respective offices without charge or fee. All oaths of office as herein provided shall, when properly made, be filed with the county superintendent of schools. Sec. 62. Every school district director or clerk shall, on assuming the duties of his office, place his signature, certified to by some school district officer, on file in the office of county treasurer; and it shall be unlawful for any county treasurer to pay or register any school district warrant if the signatures are not on file in his office or do not correspond to the certified signatures therein filed. Sec. 63. Nothing in this act shall be so construed as to in- validate the authority of any school officer appointed or elected under provisions of law and holding office at the time of the passage of this act, nor of any contract in full force and effect at the time of the passage of this act. Common schools defined. Subjects to be taught. TITLE III.— THE COMMON SCHOOL SYSTEM. Chapter 1.— District Schools. Sec. 64. Common schools shall include all district grades, and high schools that are maintained at public expense in each school district and under the control of boards of directors. Every common school, not otherwise provided for by law, shall be open to the admission of all children between the ages of six and twenty-one years residing in that school dis- trict. Sec. 65. All common schools shall be taught in the English language, and instruction shall be given in the following branches, viz.: Reading, penmanship, orthography, written arithmetic, mental arithmetic, geography, English grammar, physiology and hygiene with special reference to the effects of alcoholic stimulants and narcotics on the human system, history of the United States, and such other studies as may be prescribed by the state board of education. Attention must be given during the entire course to the cultivation of manners, to the laws of health, physical exercise, ventilation and temperature of the school room, and not less than ten minutes each week must be devoted to the systematic teach- ing of kindness to not only our domestic animals, but to all living creatures. CODE OF PUBLIC INSTRUCTION. 39 Sec. 66. The school day shall be six hours in length, ex- School day. elusive of an intermission at noon, but any board of directors may fix as the school day a less number of hours than six: Provided, That it be not less than four hours for primary schools under their charge, and any teacher may dismiss any or all pupils under eight years of age, after an attendance of four hours, exclusive of any intermission at noon. The school School month, month shall be construed to be twenty school days, or four weeks of five days each. Sec 67. The school year shall begin on the first day of Sch ° o1 year - July and end with the last day of June. Sec 68. No teacher, pupil or janitor shall be permitted to Contagious C1IS6S.SCS. attend school from any house in which smallpox, varioloid, scarlet fever, diphtheria or any other contagious or infectious diseases are prevalent. No teacher, pupil or janitor shall be permitted to return to school from any house where the above mentioned diseases, or any form of them, have prevailed, un- til three weeks shall have elapsed from the beginning of con- valescence of the patient, or upon the certificate of a registered physician in good standing that there is no danger of conta- gion. In cake of whooping cough, chicken pox and measles, certified by a physician to be not of a malignant character, this rule shall not apply to teachers, pupils or janitors who have had these diseases and have entirely recovered from them. Sec. 69. All pupils who may attend the common schools Pupils shall in 1 ii i- ii-i-i- <• coniplv with shall comply with the regulations established in pursuance of regulations. the law for the government of the schools, shall pursue the required course of studies, and shall submit to the authority of the teachers of such schools. Continued and willful dis- obedience or open defiance of authority of the teacher shall constitute good cause for expulsion from school. Sec. 70. All school districts in this state shall maintain Minimum length (if school during at least three months each year. All graded school term, school districts in incorporated cities and towns shall main- tain school during at least six months each year. Sec. 71. All parents, guardians and other persons in this Compuisorj 1 » o 1 attendance. state having or who may hereafter have immediate custody of any child or children between the ages of eight and fifteen years, shall send the same to school at least three months in each year. CnAPTER 2.— Graded and High ScnooLS. Sec. 72. Each incorporated city or town in the state shall limits of r * district*. be comprised in one school district, and shall be under the 40 CODE OF PUBLIC INSTRUCTION. Bonded terri- tory cannot be transferred Shall employ a principal. Course of study. Shall employ a city super- intendent. Report of city super- intendent. control of one board of directors: Provided, That nothing in this section shall be so construed as to prevent the extension of such city or town district a reasonable distance beyond the limits of such city or town: And provided further, That nothing in this section shall be so construed as to change or disturb the boundaries of any school district organized prior to the incorporation of any city or town, except in cases of the incorporation of cities or towns lying partly in two or more school districts organized prior to the incorporation of such city or town, or of the extension of the boundaries of cities or towns beyond the limits of the school districts in which they are situated, or in cases where two or more cities or towns unite, as provided by law: And provided further, That no portion of any district which has issued bonds, shall be transferred or united to any other district until all such bonds have been redeemed and canceled. Sec. 73. In all such city or town districts where the num- ber of children of school age is sufficient to require the em- ployment of more than one teacher, the board of directors shall designate one of such teachers as principal, and such principal shall have general supervision over the several de - partments of his school. The school or schools in such city or town districts shall be graded in such a manner as the di- rectors thereof shall deem best suited to the wants and con- ditions of such districts: Provided, That the course of study established for such districts shall not be inconsistent with the laws of this state. Sec. 74. The directors of such city or town districts wherein schools are maintained in two or more buildings shall elect one city or town superintendent, who may be a teacher in the schools of such district, and such city or town school superin- tendent shall have general supervision over the schools of his district, subject to the concurrence of the board of directors; and it shall be the duty of the principal or city school super intendent to report to the superintendent of public instruction such facts relative to the grading, course of study, enroll- ment, attendance and other matters pertaining to such schools as he may require, on blanks furnished for that purpose. Chapter 3.— Cities of Ten Thousand or More Inhabitants. Sec. 75. Whenever any incorporated city in this state shall have a population of ten thousand or more inhabitants, as shown by any regular or special census, together with any adjacent or CODE OF PUBLIC INSTRUCTION. 41 contiguous territory that now is or may be hereafter attached to said city for school purposes, it shall constitute one school district and be known by the name " (name of city) T iUe . of city J \ J / district. school district No. ," in county, State of Wash- ington, and the board of directors thereof shall constitute a body corporate and possess all the usual powers of a corpora- a body tion for public purposes, and in that name and style may sue and be sued, purchase, hold, and sell such personal and real estate, and enter into such obligations as are authorized by law; and the title to all school buildings or other property, real or personal, owned by any school district within the cor- porate limits of any city shall, upon the organization of a dis- trict under the provisions of this act, vest immediately in the new district, and the board of directors by this act provided, shall have exclusive control of the same for all the purposes herein contemplated. Sec. 70. The said board of directors shall consist of five Board of five members, who shall be elected by ballot by the qualified elec- tors of the district, and shall hold their offices for a term of three years, and until their successors are elected and quali- fied: Provided, That the members of the board of directors in any city to which the provisions of this act apply, shall serve out the time for which they were elected: Provided fur- ther, That at the first election of members subsequent to the Terms of <•!• -iiii tii i members. passage ot this act, it shall be so arranged by the members- elect drawing lots, that the terra of two members shall expire in one year, the term of two members shall expire in two years, and the term of one member shall expire in three years after the said first election. Sec. 77. The regular district election shall be held annually Annual in each district contemplated by this chapter on the first Sat- urday of November. The board of directors shall cause writ- ten or printed notices to be posted, specifying the day and the places of such election, and the time during which the ballot box shall be kept open; not less, however, than six (6) hours. Said notices shall be posted in at least one place in each ward in the district at least twenty (20) days previous to the time of election. Said notices shall also be published for the same Notices .. . 1-11- t • posted length of time in two daily papers published in the district, aodaya. and if there be no daily or dailies, then in the weekly paper or papers in three (3) regular issues next preceding the day of such election. If the board of directors fail to give notice at such time, as herein provided, then any five (5) legal vot- 42 CODE OF PUBLIC INSTRUCTION. ers residing in the district may give such notice over their own names, and such election may be held after the day fixed by this act for such election. All elections shall be by ballot, Hours polls am j i n the absence of anv notice specifying the hour, the bal- shall be open. J r •* ° lot box shall be open at 1 o'clock p. m. and be closed at 8 P. M. one voting Sec. 78. The board of directors shall, at a regular meet- plaee in ° each ward. lQ g^ provide one voting place in each ward of the city, and appoint judges and clerks of election, who shall observe and cause to be observed at such election all the election laws of this state applicable thereto not otherwise provided for: Pro- vided, That only those persons, male and female, who have complied with the laws governing registration in cities of the class for which this chapter provides, shall be permitted to vote, and that no person shall be permitted to vote at said election except in the ward in which he or she resides. There Registration of shall be provided by the board of directors registration books Appendix.) for each ward, in which the secretary of the board shall reg- ister separately the names of males and females who apply for registration, and are legally qualified as otherwise pro- officers of vided by law. Should any of the nudges be absent at the open- election. J J J ° * ing of the polls, the electors present shall appoint a legal voter who upon taking oath, shall be qualified to fill the vacancy. Directors to g EC> 79. The board of directors shall, upon closing the canvass and . announce polls, receive the returns at the time and the place it shall returns. ' direct, and shall, within five (5) days from said election, meet as a canvassing board, and in the presence of any duly quali- fied justice of the peace in and for said county, canvass the county super- returns and ascertain the result. The result of said election record "eertifl- shall be certified by the board of directors to the county school superintendent, who shall preserve said certificate, entering upon his records the receipt of said certificate and the names of the person or persons elected as members of such board of directors for said district, together with the terms for which elected. Directors shall g EC> go. AH persons elected as members of the board of tane oath. x directors shall, within ten (10) days thereafter, appear before an officer authorized to administer oaths, take and subscribe the usual oath of office, and deliver the same to the county superintendent of schools. In case any person elected shall fail so to do, his election shall be void, and the vacancy occasioned thereby shall be filled by the board as hereinafter CODE OF PUBLIC INSTRUCTION. 43 provided. The term of office of persons so selected shall Term of offlce - begin on the first Saturday of the month following their elec- tion, when the members of the board of directors shall elect a president and a vice president from among their number, who shall serve for a term of one year or until their successors are elected and qualified. They shall elect annually a secre- Election of 1 J J secretary. tary, at such salary as they, the board, may deem just. Said secretary shall not be a member of the board of directors, and may be removed by the board at any time. Sec. 81. The election of the officers of the board of directors, Elections by ' viva voce vote. the city superintendent, the secretary, teachers and janitors shall be by viva voce vote upon a call of the roll of all the members, and no person shall be declared elected unless he receives a majority vote of all the members of the board. Sec. 82. It shall be the duty of the president to preside at D r "g^ d ° f nt all meetings of the board, and to perform such other duties as the board may prescribe. Sec. 83. It shall be the duty of the vice president to per- Duty of vice form all the duties of president in case of his absence or dis- ability. Sec. 84. It shall be the duty of the secretary to be present Duty of sccrctftrv. at all the meetings of the board, to keep an accurate journal of the proceedings, to take charge of its books and documents, to countersign all warrants for school moneys drawn upon the county treasurer by order of the board; he may be authorized by the board of directors to purchase needed supplies for the schools, and shall also act as superintendent of buildings, and shall be charged with the special care of the school buildings of the district; he shall also perform such other duties as the board may direct. Sec. 85. Before entering upon the discharge of his duties, shaiigive the secretary of the board shall give bonds in such sum as the board of directors may fix from time to time, but for not less than five thousand dollars ($5,000), with good and sufficient sureties, and shall take and subscribe an oath or affirmation, before a proper officer, that he will support the constitution of Washington, and faithfully perform the duties of his office. He shall, from time to time, as he may be required by the fJjfdViiudYnira board, make a complete and detailed record of his transactions as purchasing agent of the board and as superintendent of buildings, which shall be combined with his annual report, to be published in the manner determined by the board. Sec. 8G. The regular meetings of the board of directors 44 CODE OF PUBLIC INSTRUCTION. Meetings of the board. Office of the board. County treas- urer shall be treasurer of district. Vacancies in the board. Quorum. Forfeiture of office. Auditing committee. shall be held monthly at such a time as the by-laws of the board may prescribe, but special meetings may be held from time to time as circumstances may demand, at the call of the president or on petition of a majority of the members of the board, and all meetings shall be open to the public unless otherwise specially ordered. Sec. 87. The board of directors shall maintain an office where all regular meetings shall be held, and all records, vouchers and other important papers belonging to the board may be preserved, and at all times ready for inspection of resident taxpayers. Sec. 88. The county treasurer shall be the ex officio treas- urer of the board of directors; he shall prepare and submit to the secretary, in writing, on the first day of January, April, July and October of each year, a report of the state of the finances, and shall pay school moneys placed to the credit of the district only upon warrants signed by the president or by a majority of the board of directors and countersigned by the secretary. Sec. 89. The board of directors shall have the power to fill, by election, any vacancy which may occur in its body, but the election to fill such vacancy shall be valid only until the next regular district election, and the ballots and returns shall be designated as follows: "To fill unexpired term." Sec. 90. A majority of all members of the board of direct- ors shall constitute a quorum, but a less number in attend- ance at any regular meeting shall have, and a quorum at any special meeting may have, power to compel the attendance of absent members, in such manner and under such penalties as the board may see fit to prescribe ; and the absence of any member from four consecutive regular meetings of the board, unless on account of sickness or by resolution of the board, shall vacate his position in the board, which fact shall be passed upon by the board of directors and spread upon their records. Sec. 91. All accounts shall be audited by a committee, to be styled the "auditing committee," and no expenditure greater than two hundred dollars ($200) shall be voted by the board except in accordance with a written contract, nor shall any money or appropriation be paid out of the school fund except on a recorded affirmative vote of a majority of all members of the board ; and the accounts and the records of said board shall at all times be subject to the inspection CODE OF PUBLIC INSTRUCTION. 45 and examination of the county superintendent of said county, County super- J r J intendent to whose duty it shall be, annually, to examine said records and examine ac- ■' . counts and re- check said accounts, and report in writing to the board of p° rt to county 1 J eommis- county commissioners of said county the nature and state of sioners. said accounts, and any facts that may be required concerning said records. Sec. 92. Every board of directors shall have the power, Powers and and it shall be their duty — First: To employ a city superintendent of schools of the To employ a . . , „ . superin- district, and for cause to dismiss him ; and to fix his duties tendent. and compensation. Second: To enforce the rules and general regulations of ^^amTifdopt the superintendent of public instruction, and the state board text - Dooks - of education ; to prescribe the course of study, the exercises, and the kind of text-books to be used in addition to the text- books prescribed by the state board of education for the use of the common schools of this state : Provided, That after the adoption of any text-book, it shall not be changed in less than five (0) years, unless the price thereof shall be unwar- rantably advanced, or the mechanical quality lowered, or the supply stopped. Third: To provide for school furniture and for everything To provide 1 jo supplies. needed in the school houses. Fourth : To make necessary by-laws for more effectively To enact J J J by-laws. carrying out the provisions of this act, and for facilitating the work of the board, as required by law. Fifth: To adopt and enforce such rules and regulations as To establish ' r ° grades and may be deemed essential to the well being of the schools, and departments, to establish and maintain such grades and departments, in- cluding night, high, kindergarten, manual training and indus- trial schools as shall, in the judgment of the board, best promote the interests of education in that district. Sixth: To suspend and expel pupils from school who re- To suspend fuse to obey the rules thereof. Seventh: To employ, and, for cause, to dismiss, teachers, 3£idi32 «id janitors or other employes; to determine the length of time over jL'^Vand and above eight (8) months that school shall be maintained; ^j",* of to fix the time for the annual opening and closing of schools, and for the daily dismissal of primary pupils before the regu- lar time for closing schools. Eighth : To provide free text-books and supplies for all b > p t8 ovide children attending school, when so ordered by a vote of the electors; or if free text-books are not voted by the electors, 46 CODE OF PUBLIC INSTRUCTION. To require vaccination. To make an annual report. Census. Compensation of enumer- ators. Oath of. Directors shall have no pecun- iary interest in contracts. Sale of school property. Purchase of supplies in the sum of $200 by ad- vertisement. to provide books for children of indigent parents, on the written statement of the city superintendent that the parents of such children are not able to purchase them. Ninth: To require successful vaccination as a condition of school membership and to provide free vaccination to all who are unable to pay for the same. Tenth : To make, as soon as possible after the close of the school year, an annual printed report to the taxpayers of the district, showing in detail the receipts and disbursements of the school funds. Sec. 93. The board of* directors shall annually cause to be taken an enumeration of all persons between the ages of five and twenty-one years residiug in the district, and shall re- port the same, together with such information as required by the general school laws of Washington, to the county super- intendent of schools, at the time and in the manner specified by law for like returns in other districts. The census shall be taken by the secretary and such enumerators as he shall select, subject to the approval of the board or its proper committee. The enumerators shall receive such compensa- tion as the board may deem just. Each enumerator shall verify by oath the correctness of his report in the same man- ner as by law required of the district clerk. Sec. 94. It shall be unlawful for any member of the board of directors, or any of its officers, to have any pecuniary in- terest, either directly or indirectly, in any contract for the erection of school houses, or for warming, ventilating, fur- nishing or repairing the same, or in the furnishing of supplies for the maintenance of the schools, or to receive or to accept any compensation for services performed in discharging the duties of his office. Sec. 95. No school property of any kind shall be sold by the board of directors without the consent of the district being first obtained, except it be personal property, the value of which shall not exceed five hundred dollars (§500). Sec. 96. In all districts contemplated by this chapter, when, in the opinion of the board, the cost of any lot of furniture, stationery, apparatus, fuel, building or improve- ments, or repairs to the same, will equal or exceed the sum of two hundred dollars ($200), it shall be the duty of the board to give due notice by publication in at least one daily newspaper published within said city, and if there be no daily, then in one or more weekly papers in three ( 3 ) regular CODE OF PUBLIC INSTRUCTION. 47 consecutive issues, of the intention to receive bids for such lots of furniture, stationery, fuel and other supplies, or for said improvements and repairs. The board shall determine the specifications for such bids, which shall be public. Sec. 97. The board of directors shall annually, at a meet- Board shall es- » ' timate tunas ing next preceding the annual tax levy for state and county required, purposes, report to the board of county commissioners an estimate of the amount of funds in addition to estimated re- ceipts from the state tax required for the support of the schools, for the purchase of school sites, the erection and fur- nishing of school buildings, the payment of interest upon all bonds issued for school purposes, and the creation of a sink- ing fund for the payment of such indebtedness, if any, and the county commissioners are hereby authorized and required m °s S ^oners m to levy and collect said additional amount the same as other shall levy tax. taxes: Provided, That in case the purchase of school sites and the erection of buildings shall require an expenditure ex- ceeding twenty-five thousand dollars (125,000) for any one Expenditure & J . • j c of S 25 - 000 re- calendar year, the question shall be submitted to a vote of the quires a vote " * of electors. electors of the district, at the time and places the board of directors may appoint; the board of directors shall, previous to such election, designate in at least one daily paper pub- lished in the district, if there be one, if not then in such weekly papers as may be selected by the board, the place or places where such an election shall be held, the locality of the site or sites required, and the proposed cost of the build- ings to be erected thereon. Sec. 98. The aggregate tax for school purposes in cities of !axTe\°/. ten thousand or more inhabitants shall in no one year exceed one per cent, upon all the taxable property of the district. Chapter 4. — County Institutes. Sec. 99. Whenever the number of school districts in any institute must J be held, when. county is twenty-five or more, the county superintendent must hold a teachers' institute each year, and every teacher holding a valid certificate employed in a common school in the county must attend such institute during its whole time. Sec. 100. In any county where there are less than twenty- May be held, five school districts, the county superintendent may, in his discretion, hold an institute. Sec. 101. Each session of the institute must continue not Length of session. less than three days. Sec. 102. When the institute is held during the time when 48 CODE OF PUBLIC INSTRUCTION. Compensation t,h e teachers are employed in teaching, their pay shall not be diminished by reason of their attendance when certified to by the county superintendent. Sec. 103. All examination fees shall be paid by the county superintendent to the county treasurer, who shall place it to the credit of an institute fund hereby created. Sec. 104. The county superintendent must keep an accurate account of the actual expenses of the institute, with vouchers for the same, and present the bill to the county commission- ers, who shall allow the same: Provided, That such amount shall not exceed in any year the sum of two hundred dollars in excess of the amount received as examination fees. continues. Examination fees paid into the institute fund. Expenses paid by county com- missioners. Uniform sys- tem through- out the state. State superin- tendent shall advertise for bids. Proposals to furnish books. Chapter 5. — Text-Books, article i. — adoption of books. Sec. 105. A general and uniform system of text-books for the use of the common schools, including graded schools, throughout the state shall be adopted or readopted by the state board of education in the following manner: On or be- fore the first day of May in the year nineteen hundred the superintendent of public instruction shall advertise for at least four weeks, in such papers or periodicals of general circulation as he may determine, that the board of education will receive sealed proposals for the supply of text-books to the people of the state. Said advertisement shall state the day and hour upon which said proposals shall cease to be received. It shall also name all the kinds of books for the supply of which pro- posals are invited, and shall prescribe that the proposals so advertised for shall state the price at which the books offered shall be exchanged for the books in use at the time of making such proposals, the wholesale price which shall be maintained in the state, and also the uniform retail price which shall be maintained in every incorporated town and city in the state during the time in which the books shall continue in use; or the price to the state in the case of state purchase and supply of free text-books. Said proposals shall be marked: "Sealed proposals to furnish text-books for the State of Washington," and shall be addressed to the superintendent of public instruc- tion, and shall not be opened before the hour advertised, nor in the presence of less than three members of the board. Im- mediately upon the opening of the bids they shall be read in open board, and adoption of books and awards of contracts shall be made within ten days following. No books shall be CODE OF PUBLIC INSTRUCTION. 49 adopted without a majority vote of the whole board: Pro- vided, They can secure an exchange of books at any time in Exchange use for those of the same grade, or an exchange of those of a lower grade for those of the next higher grade, without a greater average cost to the people than one-fifth of the con- tract retail price of the books in use in 1890-91; and the state board of education shall have power to enter into contract with the publishers for the supply of the same, to take effect on the first day of September following, and the books so Adoption for adopted shall not be changed within five years thereafter, unless the publishers of such adopted books shall fail to comply with the terms of the contracts. The adoption herein provided for shall occur every five years at the time of the year and in the manner herein provided, un- less otherwise ordered by the legislature: Provided, That Rejection of the board shall have power to reject any and all proposals or parts of proposals, and, in case of such rejection, they shall at once notify the principal office or any agent of any bidder that such rejection has been ordered, and that proposals will usement again be received for furnishing such books as may not have been adopted, according to the terms of the former adver- tisement, and such notice shall state the day and hour upon which such new proposals shall cease to be received, and such date shall not be less than ten days nor more than fifteen days after the day on which the former proposals were re- jected. On the day named in such notice the board shall meet, and, at the hour named, shall open, read and consider the proposals in the manner hereinbefore provided, and they may continue to reject proposals aud invite new bids in the manner herein provided for such subsequent proposals until satisfactory proposals shall have been received : Provided, That no proposal shall be accepted in which the retail price Limit of price, offered is greater than sixty-six and two-thirds per centum of the retail price of books similar in grade, quality of material, illustrations and general workmanship which were furnished under the contracts of eighteen hundred ninety and eighteen hundred ninety-one. The publishers awarded the contracts Publishers by the board shall guarantee all the terms of the proposal on contract price". which it is made by a bond with two or more sufficient sureties for faithful performance, which sureties shall be residents of this state; the said bond to cover such period as the books may remain in use, and to be approved by the 50 CODE OF PUBLIC INSTRUCTION. State publi- cation of text-books. board and the attorney general. Said publishers shall also guarantee in the same bond that in case they reduce the retail price in this state of any book furnished by them, they will also make a proportionate reduction of the contract whole- sale price to all dealers at all points where such reduction is made in the retail price: Provided, That whenever any book or set of books compiled and published by or under authority of the state shall be ready for distribution, the contract, as provided by this section, shall, as far as that book or set of books is concerned, be abrogated, and this proviso shall be construed to be sufficient notice to contractors. Vote on free text-books June, 1897. Special vote may be called upon petition of five patrons Of five hun- dred patrons. Board shall furnish free text-books when so ordered. Source of school funds. ARTICLE II. — FREE TEXT-BOOKS. Sec. 106. At the annual meeting for the election of school district officers next subsequent to the passage of this act, there shall be submitted to the qualified electors of each school district the question of providing free text-books and supplies for the use of all pupils attending the common schools of the district, and for levying a tax sufficient to meet the expense thereof. The vote shall be taken by ballot, and the ballot of those favoring the question shall have thereon the words, "Furnishing free text-books and supplies, Yes," and the ballot of those opposed shall have the words, "Fur- nishing free text-books and supplies, No." Sec. 107. The board of directors may, and upon the presen- tation of a petition signed by five patrons of the school, it shall be their duty to call a special election for the purpose of submitting to the qualified electors of the district the ques- tion of furnishing free text-books and supplies as provided in this article: Provided, That in cities of ten thousand or more inhabitants the number of said petitioners shall not be less than five hundred. Sec. 108. Should a majority of the votes mentioned in this act be in favor of furnishing free text-books and supplies, it shall be the duty of the board of directors to procure the same according to such vote and in sufficient quantities, and to adopt such rules and regulations as may be necessary for their use and care, as well as to furnish suitable cases and shelves for their safe keeping. Chapter 6.— School Revenues. Sec. 109. The principal of the common school fund shall remain irreducible and permanent. The said fund shall be derived from the following sources, to wit: Appropriations CODE OF PUBLIC INSTRUCTION. 51 and donations by the state to this fund; donations and be- quests by individuals to the state or common school; the pro- ceeds of land or other property which revert to the state by escheat and forfeiture; the proceeds of all property granted to the state, when the purpose of the grant is not specified or is uncertain; funds accumulated in the treasury of the state for the disbursements of which provision has not been made by law; the proceeds of the sale of timber, stone, minerals or other property from school and state lands other than those granted for specific purposes, and all moneys other than rental recovered from persons trespassing on said lands; five per centum of the proceeds of the sale of public lands lying within the state, which shall be sold by the United States subsequent to the admission of the state into the union, as approved by section fifteen (15) of the act of congress en- abling the admission of the state into the union; the principal of all funds arising from the sale of lands and other property which have been and hereafter may be granted to the state for the support of the common schools, and such other funds as may be provided by legislative enactment. Sec. 110. The interest accruing on said fund, together Exclusively for ° current use. with rentals and other revenues derived from lands and other property devoted to the common school fund, shall be ex- clusively applied to the current use of the common schools. , , . J r r . Schools tree All schools maintained or supported wholly or in part by the from sec- rr . tarian control. public funds shall be forever free from sectarian control or influence. All losses to the permanent common school fund Loss of funds, which shall be occasioned by defalcation, mismanagement or fraud of the agent or officers controlling or managing the same, shall be audited by the proper authorities of the state. The amount so audited shall be a permanent funded debt against the state in favor of the particular fund sustaining such loss, upon which not less than six per cent, annual in- terest shall be paid. Sec. 111. In addition to the provisions for the support of £ n t n e "£j x common schools hereinbefore provided, it shall be the duty of the state board of equalization, annually, at the time of levying tax for state purposes, to levy a tax that shall be sufficient to produce a sum which, when added to the esti- mated amount of money to be derived from the interest on the state permanent school fund for the current fiscal year, shall equal six dollars for each child of school age residing in the state as shown by the last report of the several county 52 CODE OF PUBLIC INSTRUCTION. superintendents to the superintendent of public instruction: Limit of tax. Provided, That said tax shall not exceed four mills on the dollar. Said tax levy shall be certified to the several county auditors in the same manner as other state taxes are required to be certified, and shall be collected and transmitted to the state treasurer at the same time and in the same manner as other state taxes are required to be collected and transmitted; Certificate to and it shall be the duty of the state auditor, within thirty the superin- . temientof pub- days after the date at which county treasurers are required to lie instruction. " . transmit state funds to the state treasurer, to certify to the superintendent of public instruction the amount of all state annual school funds in the hands of the state treasurer sub- ject to apportionment. Five mills Sec. 112. The board of directors, when in their judgment levy by the . .... directors. it is necessary, for the purpose of furnishing additional school facilities for their district, or for the payment of teachers' wages, or for the building of one or more school houses, or for the repairing of one or more school houses, or for the building of additions thereto, or for the purchase of fuel, supplies, globes, maps, charts, books of reference or other appliances or apparatus for teaching, or for any or all of these Voters may purposes, may levy a special tax on the taxable property of the district, not to exceed ten mills on the dollar: Provided, That no tax exceeding five mills on the dollar shall be levied until such levy shall have been ordered by a majority vote of the legal electors of the district, at a special election called for that purpose. Such election shall be called and conducted in the manner provided for calling and conducting annual school elections. At such elections the ballots shall contain the words "Tax, yes," or "Tax, no." The officers of the election shall certify the result of the election to the clerk of the district, who shall file said certificate as a part of his rec- cierk shall ords. Whenever a special tax is ordered to be levied, the of levy by Sep- clerk of the district shall, on or before the first day of Sep- tember of the year in which such special tax is ordered to be levied, make to the county auditor a certified statement of the number of mills of such special tax which has been ordered to be levied in such district. The county auditor shall extend the same against all the taxable property within such district, upon the general assessment roll of the county, showing the amount and kind of property so assessed, and to certify the county treas- same to the county treasurer. The county treasurer shall lect taxes. proceed to collect the tax in the same manner and at the same CODE OF PUBLIC INSTRUCTION. 53 time and with the same power and authority to enforce pay- ment of the same, as in the case of county and state taxes. The county treasurer shall place any tax so collected to the credit of the district to which it belongs. Sec. 113. Except as otherwise provided by law, all sums of Fines, pen- r r J allies and money derived from fines imposed for violations of orders of forfeitures. injunction, mandamus and other like writs, or for contempt of court, and the clear proceeds of all fines collected within the several counties of the state for breach of the penal laws, and all funds arising from the sale of lost goods and estrays, and from penalties and forfeitures, shall be paid over in cash by the person collecting the same, within twenty days after the collection, to the county treasurer of the county in which the same have accrued, and shall be by him transmitted to the state treasurer, who shall place the same to the credit of the general school fund. He shall indicate in such entry the source from which such money was derived. Sec. 114. All school warrants shall be paid in the order of ^™ n n ^ their presentation to the county treasurer, and shall draw in- terest from and after such presentation and registry: Pro- vided, That no compound interest shall be paid directly or indirectly on any of said warrants. Sec. 115. No new district formed by the subdivision of an school in new district. old one shall be entitled to any share of public money belong- ing to the old district until a school has actually been taught one month in the new district, and unless within eight months from the order of the county superintendent granting such new district a school is opened, the action making a new New distriot . . void. district shall be void, and all elections or appointments of directors or clerks made in consequence of such action, and all rights and office of parties so elected or appointed shall cease and determine, and all taxes which may have been levied in such old district shall be valid and binding upon the real and personal property of such new districts, and shall be col- lected and paid into the school fund of the old district. Sec. 116. When a new district is formed by the division Division J of funds. of an old one, it shall be entitled to a just share of the school moneys to the credit of the old district after payment of all outstanding debts at the time when the petition was granted establishing such new district, and the county superintendent shall divide such remaining moneys, and such as may for the current year afterward be apportioned to the old district, according to the number of school children resident in^each 54 CODE OF PUBLIC INSTRUCTION. Proportion of special tax. district, for which purpose he shall order a census to be taken: Provided, That the new district shall be entitled to such pro- portion of any special tax levied and collected for the year in which the new district is created, as the amount of such tax paid by that portion of the old district which is embraced in the new bears to such old district. Limit of bomled in- debtedness. Rate of interest. Chapter 7.— Bonds. Sec. 117. The board of directors of any school district in this state may borrow money and issue negotiable coupon bonds therefor to an amount not to exceed five (5 ) per cent, of the taxable property in such district, as shown by the last assessment roll for county and state purposes : Provided, That in incorporated cities the assessment shall be taken from the last assessment for city purposes, for the purpose of fund- ing outstanding indebtedness, or bonds heretofore issued or issued under the provisions of this act, or for the purchase of school house site or sites, building one or more school houses and providing the same with all necessary furniture and ap- paratus, or for any or all of these purposes, when authorized by vote of the district so to do, as provided in section 118 of this act: Provided further, That the bonds so issued shall bear a rate of interest not to exceed ten (10) per cent, per annum, interest payable annually or semi-annually, payable and redeemable at such time as may be designated in the bonds, but not to exceed twenty (20) years from the date of issue. Bond election. s EC . H8. The question whether bonds shall be issued, as provided in section 117 of this act, shall be determined at an election to be held in the manner prescribed by law for hold- ing special school elections. Notices therefor shall state amount of bonds proposed to be issued, time they are to run, and purpose for which the money is to be used. The ballots must contain the words, "Bonds, yes," or "Bonds, no." If a majority of the votes cast at such election are "Bonds, yes," the board of directors must issue such bonds: Provided, That if the amount of bonds to be issued, together with any out- standing indebtedness of the district, not to be redeemed with the proceeds of said issue of bonds, exceeds one and one-half per cent, of the taxable property in said district, then three- fifths of the votes cast at such election must be "Bonds, yes," before the board of directors are authorized to issue said bonds. The bond shall be in such form as the board of di- Notice of. Form of ballots. Three-fifths vote. CODE OF PUBLIC INSTRUCTION. 55 rectors may prescribe, and shall, with the coupons, be signed by the board of directors and countersigned by the clerk of the school district. Sec. 119. When authorized and empowered to issue bonds Directors shall as provided in sections 117 and 118 of this act, the board of county ° directors shall, within thirty days after the date of the elec- tion, certify the result to the county treasurer, who shall im- mediately publish notice of the sale of such bonds in at least Adv ftise- J r ment of sale. one weekly newspaper published at the county seat, if there be one, for four consecutive issues, and publish such other notices as the board of directors may require. Said notices must give the amounts of bonds to be sold, the time to run, where payable, the option, if any, of the district to redeem; also naming the hour and day for considering bids, and ask- ing bidders to name price and rates of interest at which they will purchase such bonds. Such bonds shall be issued in de- Form of bonds, nominations of not less than one hundred nor more than one thousand dollars ($1,000), and shall contain upon their face the date of issue, the series of issue, rate of interest, where payable, time to run, option, if any, of districts to redeem, and the printed or lithographed statement that said bond is issued under the provisions of this act, and that the whole indebtedness of said district does not exceed the constitutional limit. Each bond so issued must be registered by the county Bonds regis- treasurer in a book to be kept for that purpose, which must comity treas- show the number, and such data as is necessary to secure a complete record of such bond, series, and amount of each bond, the person to whom the same is issued, name of the district issuing, together with the names of directors signing the same; and the said bond shall be endorsed by the treas- urer, with his name and a full statement of the name of the person to whom and when issued, together with the number and series of said bond. Sec. 120. At the time named in said notice it shall be the sale of bonds duty of the said board of directors to meet with the county treasurer at his office, and with him open said bids and sell said bonds to the person or persons making the most advan- tageous offer: Provided, The bonds shall never be sold below Mayrejed . . . bids and par, and the board of directors may reject any and all bids, readvertise. and within six months proceed to readvertise the sale of such bonds. Upon the sale of bonds the board of directors shall, within ten (10) days, or as soon thereafter as practicable, deliver the bonds, properly executed, to the county treasurer, 56 CODE OF PUBLIC INSTRUCTION. County treas- urer to deliver bonds and re- ceive proceeds. Fees for ad- vertising. Bond inter- est levy. Sinking fund levy. Redemption fund. Bond interest paid from special levy. Lithographed bonds and coupons. Refunding of bonds. taking his receipt therefor. The county treasurer shall, upon payment of the price agreed upon, deliver the same to the person or persons to whom sold, and place the moneys aris- ing from such sale to the credit of the special school fund of the said district. Fees for advertising shall be deducted from the proceeds. Sec. 121. The county commissioners must ascertain and levy annually the tax necessary to pay the interest upon such bonds as it becomes due, and at the expiration of one-half of the time for which said bonds are to run, and annually there- after until full payment of said bonds is made, they may, if deemed advisable, levy, in addition to the tax required to pay the interest, such amount for sinking fund to meet the pay- ment of said bonds at maturity, to be determined by dividing the amount of bonds outstanding by the remaining number of years to run, and the fund arising from such levy shall be kept as the bond redemption fund of said district, and each of said tax levies shall be a lien upon the property in said district, and must be collected in the same manner as taxes for other school purposes. Sec. 122. The county treasurer must pay out of any moneys belonging to the credit of the bond interest fund of the school district the interest upon any bonds issued under this act by such school district when the same becomes due, and at such place designated in such coupon, or upon the presentation at his office of the same, which must show the amount due and the number and series of the bond to which it belongs, and all coupons so paid must be immediately re- ported to the school directors. Sec. 123. The school directors of any district must cause to be printed or lithographed at the lowest rates, suitable bonds with coupons attached, when the same become neces- sary, and pay therefor out of any moneys in the county treasury to the credit of the school district. Sec. 124. Whenever any school district in this state shall have heretofore, under any of the acts of the territorial or state legislature now in force, issued any bonds for the pur- chase of any school house site, or the building of any school house, or the furnishing of the same, and the amount of the said bonds so issued and negotiated shall not exceed the sum of five ( 5 ) per centum of the taxable property of the said school district, it shall be lawful for the said school district to issue and exchange its bonds at a rate of interest not CODE OF PUBLIC INSTRUCTION. 57 greater than that borne by the original issue of bonds, par for par, without any further vote of the school district than that heretofore had or required by existing law at the time of their issue, and said bonds shall in all respects conform to and be governed by the other provisions of this act : Pro- vided, That in cities of ten thousand population or more, in cities of , i3- i i ... , , . 10,000 or more whenever any bonds issued under the provisions of this inhabitant*. act shall reach maturity and shall remain unpaid, the board of directors thereof shall have the power to fund the same by issuing coupon bonds conformable to the requirements of this act, and exchanging the same, par for par, for the outstanding bonds as aforesaid, with- out any further vote of the school district: Provided fur- ther, That such bonds shall be issued in denominations of penomina- tions of bonds. not less than one hundred dollars nor more than one thousand dollars, shall be redeemable within twenty years from date of issue, and shall draw a rate of interest not to exceed six (6) per centum per annum. Sec. 125. Every holder of any of the bonds so issued as Holders of bonds to no- provided in this act shall, within ten (10) days after he shall tify county ' treasurer. become the owner or holder thereof, notify the county treas- urer of the county in which such bonds are issued of his own- ership, together with his full name and postoffice address, and the county treasurer of said county shall, in addition to Notice of bond . . . .-it redemption. the published notice herein provided for, deposit in the post- office, properly stamped and addressed to each owner or holder of any such bonds subject to redemption or payment, a notice in like form, stating the time and place of the re- demption of such bonds and the number of the bonds to be redeemed, and in case any owners of bonds shall fail to notify the treasurer of their ownership as aforesaid, then a notice mailed to the last holder of 6uch bonds shall be deemed suf- ficient, and any and all such notices so mailed as aforesaid shall be deemed to be personal notice to the holders of such bonds, and at the expiration of the time therein named shall have the force to suspend the interest upon any such bonds. Si i. 126. That at any time after the issuance of such incidental bonds, and in the discharge of the duties imposed upon said county treasurer, should any incidental expense, costs or charges arise, the said county treasurer shall present his claim for the same to the board of directors of the school district issuing such bonds, and the same shall be audited and paid in 58 CODE OF PUBLIC INSTRUCTION. Notice of bond, redemption. Cancellation of bonds. Electors may validate in- debtedness of district. Resolution of hoard to validate. the same manner as other services are paid under the provis- ions of law. Sec. 127. Whenever the amount of any sinking fund cre- ated under the provisions of this act shall equal the amount, principal and interest of any bond then due, or subject under the pleasure or option of said school district to be paid or re- deemed, it shall be the duty of the county treasurer of the county in which the school district issuing such bonds is located, to publish a notice in the official newspaper of the county, if such a one there be, and if not, then in a newspaper of general circulation, that the said county treasurer will, within thirty (30) days from the date of such notice, redeem and pay any such bond then redeemable or payable, giving priority according to the date of issue numerically, and upon the presentation of any such bond or bonds the said treasurer shall pay the same; and in case that any holder of such bond or bonds shall fail or neglect to present the same at the time mentioned in said notice, or in the notice hereinbefore pro- vided for, then the interest upon such bond or bonds shall cease and determine, and the treasurer of such county shall thereafter pay only the amount of such bond and the interest accrued thereon up to the day mentioned in said notice. When any bonds are so redeemed or paid, the county treas- urer shall cause the same to be fully canceled, and write across the face of such bonds the words "redeemed," with the date of redemption, and shall deliver the same to the board of directors of such school district, taking the directors' receipt therefor. Chapter 8. — Validation of Debts. Sec. 128. Any school district may validate and ratify the indebtedness of such school district, incurred for strictly school purposes, when the same does not exceed five per centum of the value of the taxable property in such school district. The value of taxable property in such school dis- trict shall be ascertained as provided in article eight, section six of the constitution of the State of Washington. Sec. 129. Whenever the board of directors of any school district shall deem it advisable to validate and ratify the in- debtedness mentioned in section 128 of this chapter, they shall provide therefor by resolution, which shall be entered on the records of such school district, which resolution shall provide for the holding of an election for the purpose of submitting CODE OF PUBLIC INSTRUCTION. 59 the question of validating and ratifying the indebtedness so incurred to the voters of such school district for approval or disapproval, and if at such election three-fifths of the voters Three-fifths vote. in such school district voting at such election shall vote in favor of the validation and ratification of such indebtedness, then such indebtedness so validated and ratified and every part thereof existing at the time of the adoption of said reso- lution shall thereby become and is hereby declared to be vali- dated and ratified and a binding obligation upon such school district, when the only ground of the previous invalidity of such indebtedness so ratified and validated is that at the time of the attempted incurring thereof, the same, together with all other then existing indebtedness of such school district, exceeded one and one-half per centum of the taxable property in such school district, as provided in article eight, section six of the constitution of the State of Washington, and that such indebtedness was so attempted to be incurred without the assent of three-fifths of the voters of such school district voting at an election held for that purpose, as required by said constitution. Sec. 130. At the time of the adoption of the resolution Location provided for in section 129 of this chapter the board of direc- ° p ° tors of such district shall determine the number and the loca- tion of the places at which polls shall be opened to receive the votes of the voters in such district. Unless otherwise Time of provided, the polls shall be open at one o'clock in the after- noon and close at four o'clock in the afternoon of the same day, but the board may determine on a longer time during which the polls may be kept open, not before one o'clock in the afternoon and not later than eight o'clock in the after- noon of the same day. Such board shall appoint two voters in such district where the election is to be held to act as judges of such election, and also one and not more than two persons to act as clerks at each voting place. Such clerks shall keep a list of the voters voting at such election, and tally the result under direction of the judges. The judges Judges nnri clfrks of shall observe and cause to be observed at such <5ie« ., as far election as the same shall apply, the election laws of the state govern- ing the election of school directors. Should any of the judges so appointed be absent at the opening of the polls, the voters of such district present shall appoint a voter to act in place of such absent judge. If the clerk or clerks of such election be absent at the opening of the polls the judges con- 60 CODE OF PUBLIC INSTRUCTION. ducting such election shall appoint one and not exceeding two oaths adminis- persons to act as clerks of such election. The judges and clerks of such election shall each take and subscribe an oath to faithfully perform the duties imposed upon them by law in conducting such election, and each of said judges shall have power to administer all oaths required by this section, each to the other, and to the clerks, and to all persons offer- ing to vote, when challenges are interposed. The clerks or secretaries of such school district, or any officer authorized by law to administer oaths, may administer the oath required to be taken by such judges and clerks. If there is not suffi- cient number of voters present at the hour named for the opening of the polls to fill vacancies, occasioned by the ab- sence of judges or clerks, it shall be lawful to open the polls as soon thereafter as a sufficient number of electors are pres- Formof ent. Elections hereunder shall be by ballot. The ballot must contain the words, "Validating and ratifying indebted- ness, yes," or the words, " Validating and ratifying indebt- edness, no." Ballots containing the words, "Validating and ratifying indebtedness, yes," shall be counted in favor of validating and ratifying such indebtedness, and ballots con- taining the words, "Validating and ratifying indebtedness, no," shall be counted against validating and ratifying such certifying re- indebtedness. As soon as the polls are closed at such elec- snlt of election. * tion, the judges at each polling place shall count the votes, ascertain the result and certify the same and make return thereof, within two days after such election, to the board of directors of such district, by depositing the same, together with the ballots cast at such election, with the clerk or secre- tary of such board, and within five days after such election, or as soon as all the returns of such election are deposited as herein provided, the board of directors of such district shall meet and canvass and declare the result, and shall cause to be Qualifications entered a minute thereof on the records of such district. The qualifications of voters at such election shall be the same as prescribed for the election of school officers, oierk to give Sec. 131. At the time of the adoption of the resolution election. provided in section 129 of this chapter, the board of directors shall direct the clerk or secretary of the board to give public notice of the time, places and purposes of such election. Such clerk or secretary shall thereupon cause written or printed notices to be posted in at least five places in such school district, at least twenty days before such election. CODE OF PUBLIC INSTRUCTION. 61 Said notices shall also be published for the same length of Publication 1 ° of notice. time in a daily newspaper printed and published in such dis- trict, and if there be no such daily newspaper, then in a weekly newspaper, published in this state and of general cir- culation in the county where such school district is situated, in two regular issues of such weekly newspaper next preced- ing the day of such election. Said notices shall contain a Notice to con- ~ , ' , . , . . _ . , . , tain, what. copy of the resolution mentioned in section 129 of this chap- ter, the time of holding such election and location of polling places, a statement of the object of the election, and the form of the ballot adopted by the board to determine the question submitted to the voters. Sec. 132. If the indebtedness of such school district is vali- Board may issue bonds. dated and ratified, as provided in section 129 of this chapter, by three-fifths of the voters voting at such election, the board of directors of such school district, without any further vote, may borrow money and issue negotiable coupon bonds there- for to an amount not to exceed the unpaid indebtedness of such school district existing at the time of the adoption of the resolution mentioned in section 129 of this chapter, de- ducting from the amount of such unpaid indebtedness the amount of all indebtedness evidenced by negotiable coupon bonds then outstanding against and payable by such district. Bonds so issued shall bear a rate of interest not to exceed six Rate of interest. per cent, per annum, interest payable semi-annually, payable and redeemable at such time and place as designated in the bonds, but not exceeding twenty years from date of issue. The bonds and coupons shall be in such form as the board of directors shall prescribe, and payable at such place as may be designated therein. In all school districts, except in cities of ten thousand or more inhabitants, said bonds, with the coupons, must be signed by the board of directors and countersigned bv the clerk of the school district. In school in cities of 6 J 10,000 or more districts in cities of ten thousand or more inhabitants said inhabitant^ bonds, with the coupons, must be signed in the corporate name of the district, by the president of the board of direc- tors thereof, and attested by the secretary of the board. The Seal of district seal of said district, if such district has a seal, shall be af- fixed to each bond by the secretary thereof. The moneys arising from the sale of coupon bonds issued under this chap- ter shall be placed by the treasurer of the county in a special fund to the credit of such school district, and out of such indebtedness, how paid. fund shall be paid the indebtedness of such school district ex- 62 CODE OF PUBLIC INSTRUCTION. Amount of bonds to be issued. County treas- urer shall ad- vertise sale. Interest not to exceed 6 per cent. One per cent, deposit. Warrants exchanged for bonds. County treas- user notified of result of election. isting at the time of the adoption of the resolution mentioned in section 129 of this chapter, not evidenced by negotiable coupon bonds. Sec. 133. When authorized and empowered to issue bonds, as provided in section 132 of this chapter, the board of di- rectors of such district shall, at a meeting of such board, de- termine by resolution the amount of bonds to be issued, not exceeding, however, the unpaid indebtedness of such district after deducting the bonded indebtedness existing at the time of the adoption of the resolution mentioned in section 129 of this chapter, and shall deliver a copy of said resolution to the county treasurer of the county in which such school district is situated, who shall immediately advertise for sale said bonds, and the law relating to other bonds shall govern, con- trol and apply to bonds issued or sold under this chapter, ex- cept that bonds issued under this chapter shall not bear a greater rate of interest than six per cent, per annum, and they may be sold in such amounts or blocks as the board of di- rectors may direct, and such board may also require all per- sons bidding for said bonds, except the State of Washington, to deposit one per cent, of the par value of the bonds bid for on depositing with the treasurer their bids, and if the bidder fails to take and pay for the bonds for which he bid, in case of their sale to him, the amount so deposited shall he for- feited to the school district, otherwise to be returned to such bidder, and a resale of such bonds so refused to be taken may be made as if the bid for the same had been rejected, and the money arising from the sale of the bonds issued under this chapter shall be applied as provided in section 132 of this chapter. Sec 134. If bonds issued under this chapter are not sold as herein provided, the holders of unpaid warrants drawn on the county treasurer by such district for an indebtedness ex- isting at the time of the adoption of the resolution mentioned in section 129 of this chapter, may exchange said warrants at the face value thereof and accrued interest thereon for coupon bonds issued under this chapter, at not less than par value and accrued interest of such bonds at the time of the exchange; such exchange to be made under such regulations as may be provided by the board of directors of such district. Sec 135. When the board of directors shall have canvassed and declared the result of the election as prescribed in section 130 of this chapter, it shall, if the same shall have been in CODE OF PUBLIC INSTRUCTION. 63 favor of validating and ratifying the indebtedness, immedi- ately cause to be sent to the county treasurer of the county in which such district is situated, notice of the result of the election, and all moneys then or thereafter in the hands of jjft^appifed" such treasurer belonging to such district, arising from the ^p"^^" 1 annual tax levy or from fines or other sources for the support and maintenance of common schools in such district, shall be applied only to the payment of interest on the bonded indebt- edness and to the current expenses of such school district incurred after the adoption of the resolution mentioned in sec- tion 129 of this chapter, and shall not be used for, or applied to, the payment of any indebtedness of such district existing before the adoption of said resolution, except interest on the bonded indebtedness. The annual expense of such district Lim* 1 f an- x nual expense. shall not thereafter exceed the annual revenue thereof, and any officer of such district who shall knowingly aid in in- creasing the annual expenditure in excess of the annual revenue of such district, shall be deemed to be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars. If the indebtedness of such school dis- trict, excluding the bonded indebtedness existing before the adoption of said resolution, is not extinguished by the ex- change of warrants for bonds, or by the proceeds of the sale of bonds, as herein provided, then it shall be the duty of the board of directors, thirty days before the regular an- nual tax levy, to certify the amount of such indebtedness remaining unpaid to the board of county commissioners of the county in which such school district is situated, ami said board of county commissioners, at the time of making the regular annual tax levy, shall annually levy a special | n < j" ! £* e ^ J m " tax on the taxable property of the district not to exceed three shall levy for * i * rem ai n 1 n g mills on the dollar on the valuation of such taxable property, {".^^ms 589 which .shall be collected as other taxes are collected, and the proceeds of such tax shall be a special fund for the payment of the indebtedness of such district, not included in bonds, existing at the time of the adoption of the resolution men- tioned in section 129 of this chapter. Chapter 9. — Certification of Teachers, article i. — classification of certificates. Sec 136. Nothing in this act shall be construed to in- Validating ..... certificates validate the life diplomas or the state or territorial certin- umi contracts, cates granted under the laws of the Territory of Washington, 64 CODE OF PUBLIC INSTRUCTION. or of the State of Washington, but the same shall continue in effect the same as life diplomas and state certificates granted under the provisions of this act, and all county certificates heretofore granted by any county board of examiners shall continue in full force and effect until the expiration thereof; and any contract made in good faith by any teacher, school officer, or other person, under the provisions of the territorial or state school laws, is hereby recognized as a valid contract, the same as if made under the provisions of this act. Sec. 137. The teachers' certificates issued by authority of the State of Washington, and entitling the holder thereof to teach in the schools of the state shall consist of — Life diplomas. First: Life diplomas, valid during the life of the holder, and state certificates, valid for five years from the date of issue; said life diplomas and state certificates shall be issued by the superintendent of public instruction on the authority of the state board of education: Provided, That state certifi- cates may, upon application and without examination, be re- newed, or a life diploma be authorized in lieu thereof by the state board of education. Second: First grade common school certificates, valid for a period of five years from date of issue; second grade com- mon school certificates, valid for two years from date of issue; third grade common school certificates, valid for one year from date of issue. Said first grade certificates, second grade certificates and third grade certificates shall be issued by the superintendent of public instruction, as provided by law. Third: Temporary certificates may be issued, as provided by law, by any county superintendent, entitling the holder thereof to teach in any common school of the county wherein the same is issued until the next regular examination of teach- ers; whereat, if the applicant take the examination for certifi- cation, the county superintendent may extend the same until it shall have been determined whether a certificate is to be issued to the applicant in accordance therewith. Fourth: Special certificates may be issued without ex- amination by the county superintendent to teachers of music, languages other than English, drawing and painting, manual training and penmanship, upon the application of any board of directors, which certificate shall entitle the holder thereof to teach the subject therein named in any school of the dis- trict under the control of said board of directors, until re- voked for cause: Provided, That the county superintendent, State cer- tificates. First, second and third grade cer- tificates. Temporary certificates. Special certificates. CODE OF PUBLIC INSTRUCTION. 65 before issuing the same, shall receive satisfactory evidence of the applicant's fitness to teach the subject named in the cer- tificate. ARTICLE II. DIPLOMAS AND STATE CERTIFICATES. Sec. 138. State certificates shall be granted to such appli- ^ t f ?*| t ^ p " cants only as shall file with the board satisfactory evidence of having taught successfully twenty-seven months, at least nine of which shall have been in the public schools of this state. The applicant must pass a satisfactory examination in all the branches required for first grade common school certificates, also plane geometry, geology, botany, zoology, civil government, psychology, history of education, bookkeep- ing, composition and general history; or file with the board a certified copy of a diploma from some state normal school, or normal department of university of Washington, or of a state or territorial certificate from a state or territory, the require- ments to obtain which shall not have been less than those re- quired by this act. Life diplomas shall be granted to such Life diplomas, applicants only as shall file with the board satisfactory evi- dence that they have taught successfully for ninety months, not less than fifteen of which shall have been in the public schools of this state. In other respects the requirements shall be the same as those for state certificates. The fee for Fees for in -ip tcti certificates. state certificates shall be three dollars, and tor lite diplomas, five dollars. Said fees must be deposited with the applica- tion, and cannot be refunded to the applicant unless the ap- plication be withdrawn before it has been considered by the board. Said fees shall be paid into the state treasury. Sec. 139. The state board shall also have power to grant st " te ce . , : t j fi " r ° eates without state certificates without examination to all applicants who examination. are graduates of a regular four year collegiate course of the university of Washington, the agricultural college and school of science, or of other reputable institutions of learning whose requirements of graduation are equal to the require- ments of the university of Washington: Provided, That the applicant shall file with the board a certified copy of his diploma and a copy of the course of study for the year in which he graduated: Provided further, That the applicant shall pass a satisfactory examination before the state board of education in theory and practice of teaching, psychology and history of education, and shall file with the board satis- factory evidence of having taught successfully for twenty- —5 66 CODE OF PUBLIC INSTRUCTION. seven months, at least nine of which shall have been in the public schools of this state. ARTICLE III. COMMON SCHOOL CERTIFICATES. county Sec. 140. There shall be held at the county seat of each examinations. county on the second Thursday of the months of February, May, August and November of each year an examination of applicants for teachers' certificates, which examination shall be conducted by the county superintendent according to the rules and regulations of the state board of education: Pro- Assistants, vicled, That in case of the sickness or disability of the super- intendent he may appoint a suitable teacher or teachers to assist or to conduct the same, subject to the same laws, rules and regulations as himself, and the county superintendent shall in reporting the examination to the superintendent of public instruction, as hereinafter provided, forward such ap- pointment in writing. KertXITufs. Sec - 14L A11 applicants at the examination mentioned in the preceding section shall be at least seventeen years of age, and shall be examined, according to the rules and regulations of the state board of education, in reading, penmanship, orthography, written and mental arithmetic, geography, Eng- lish grammar, physiology and hygiene, history and constitu- tion of the United States, school law and constitution of the State of Washington, and the theory and art of teaching; but no person shall receive a first grade certificate who does not pass a satisfactory examination in the additional branches of physics, English literature and algebra, and who does not present satisfactory written evidence of having taught suc- cessfully one school year of nine months. Examination g EC# 142. Each applicant before taking the examination for fee paid into r r a institute fund. a certificate, or upon application for a renewal, shall pay to the county superintendent the sum of one dollar, and shall receive a receipt therefor. The fees so received by the super- intendent shall in no case be returned to the applicant, but shall be paid to the county treasurer to the credit of the in- stitute fund. Papers for- Sec 143. The county superintendent shall within three state super- days of the close of said examination forward to the superin- tendent. , . . , .,, , . -,. tendent of public instruction, in accordance with his direc- tions, all the papers written at said examination and relating thereto, including a complete list of all applicants thereat, with their postoffice addresses, and also a receipt from the CODE OF PUBLIC INSTRUCTION. 67 county treasurer for the fees collected at the examination as herein provided. Sec. 144. The holder of a first grade certificate who shall First grade cer- o tificate may be present to the superintendent of public instruction evidence renewed - of having taught successfully twenty-four school months dur- ing the time said certificate has been in force may have his certificate renewed without further examination, which re- newal shall be endorsed thereon by the superintendent of public instruction, upon its presentation, for a like term of five years: Provided, That such renewed certificate shall lapse upon the failure of its holder to teach for a period of two consecutive school years. Sec. 145. All applicants for certificates who shall attain Applicants 11 may pass the required percentage in eight of the designated subjects, in part of but not in all, shall be credited for those subjects in which they shall have passed, and, upon passing the required per- centages in the remaining subjects at the next subsequent ex- amination, shall receive a certificate in accordance with the result of both examinations: Provided, That this shall not be construed as applying to those passing for a third grade cer- tificate. Sec. 146. Any teacher to whom a certificate has been granted by any county board of examiners in this state, or by lawful examiners in any other state or territory, the require- ments to obtain which shall not have been less than the re- quirements to obtain a certificate in this state, or any teacher holding a diploma or certificate of graduation from any state or territorial normal school, or from the normal department of the university of the State of Washington, may present the same, or a certified copy thereof, to the county superin- tendent of any county in this state where said teacher desires to teach, and it shall be the duty of said county superin- County super- •' J r mlendents tendent, upon such evidence of fitness to teach, to grant to may grant 7 r ° temporary said person a temporary certificate: Provided, That the pro- certificates, visions of this clause shall apply only to such teachers as were not residents of the county at the time of the last preceding examination, or were not able, by reason of sickness or other unavoidable cause, to attend said examination: And provided further, That the county superintendent may require of such a person a written statement of such facts, verified by affidavit. ARTICLE IV. — GENERAL PROVISIONS. Sec. 147. All certificates issued by the superintendent of Registration J r of certificates. public instruction shall be valid and entitle the holder thereof 68 CODE OF PUBLIC INSTRUCTION. Revocation. Annual election. Special elections. Clerk must give ten days' notice. Polls must be open, when. to teach in any county of the state upon being registered by the county superintendent thereof, which fact shall be evi- denced by him on the certificate in the words, "Registered for use in county," together with the date of registry and his official signature: Provided, That a copy of the origi- nal certificate or diploma duly certified by the superintendent of public instruction may be used for the purpose of registry and endorsement in lieu of the original. Sec. 148. Any certificate named in this act may be revoked by the authority entitled to grant the same upon the deter- mination of sufficient cause, after the holder thereof shall have been given an opportunity of being heard. Chapter 10.— Elections and Meetings, article i. — general elections. Sec. 149. The election of district directors and clerks shall, except as otherwise provided by law, be held on the second Saturday in June of each year, at the district school house, if there be one, or if there be none or if more than one, then at a place to be designated by the board of directors. Special school elections shall be called and conducted in the manner provided for calling and conducting annual elections. Sec. 150. The district clerk must give at least ten days' notice of such school election, by posting or by causing to be posted, written or printed notices thereof in at least three public places in the district, one of which must be the place of holding the election. Said notice must designate the place of holding the election, day of holding the election, hours between which the polls are to be kept open, names of offices for which persons are to be elected, and terms of office, with a statement of any other questions which the board of direct- ors may desire to submit to the electors of said district. Notices must be signed by the district clerk "By order of the board of directors." Unless otherwise designated in the notice of election, the polls shall be open at one o'clock in the afternoon and close at four o'clock in the afternoon, but the board of directors may, previous to giving notice of elec- tion, determine on an hour before one o'clock, but not earlier than nine o'clock in the forenoon for opening the polls, and for closing an hour after four o'clock, but not later than eight o'clock in the afternoon. In no case shall the polls be open before the hour named in the notice, nor kept open after the hour fixed for closing the polls, but if there is not a suffi- CODE OF PUBLIC INSTRUCTION. 69 cient number of electors present at the hour named for open- ing the polls to constitute a board of election, it shall be lawful to open the polls as soon thereafter as a sufficient number of electors is present: Provided, That in cities and J" ^ iesof r 10.000 or more incorporated towns the polls shall open not later than one '"habitants, o'clock in the afternoon and close not earlier than eight o'clock in the afternoon. Sec. 151. At the hour fixed for opening the polls the elect- Election ors present shall select two electors to act as judges of the election and one elector to act as clerk of the election, and the three selected shall constitute the election board; and no election shall be held unless an election board is so consti- tuted and qualified. The nudges and clerk aforesaid shall, Election _ . officers must before entering upon the duties of their office, severally take take oath, and subscribe an oath or affirmation faithfully to discharge the duties as such officers of the election, said oath or affirma- tion to be administered by any school officer or other person authorized to administer oaths. The judges shall, before they commence receiving ballots, cause to be proclaimed aloud at the place of voting that the polls are now open. Sec. 152. The voting shall be by ballot. The ballots Form of bai lot. shall be a paper ticket containing the names of the persons for whom the electors intend to vote, and designating the office to which such person so named is intended by him to be chosen. Whenever any person offers to vote, one of the votes . . i . . t • /• received. judges shall pronounce his name in an audible voice, and if there be no objections to the qualification of such person as an elector, he shall receive the ballot in the presence of the election board and deposit the same without being opened or examined in the ballot box, and the clerk shall immediately enter the name upon the list headed "Names of voters." Sec. 153. Every person, male or female, over the age of o"^^^!' " 8 twenty-one years, who shall have resided in the school dis- trict for thirty days immediately preceding any school elec- tion, and in the state one year, and is otherwise, except as to sex, qualified to vote at any general election, shall be a legal voter at any school election, and no other person shall be al- lowed to vote: Provided, That in cities and towns and voting Registration . . . e -ii °f voters. precincts in which the registration of voters is by law pro- vided for, there shall be made a separate registry of female voters entitled to vote at school elections, and in such dis- tricts the law applying to elections shall be, so far as regis- tration is concerned, in force and effect. Persons offering 70 CODE OF PUBLIC INSTRUCTION. Challenges. Closing polls. Canvass of returns. Imperfect ballots. Clerks forward poll sheets to county super- intendent. Certificates of election. to vote may be challenged by any legally qualified school elector of the district, and one of the judges of election shall thereupon, before receiving his vote, administer to the person challenged, an oath in substance as follows: "You do swear (or affirm) that you are a citizen of the United States, or have declared your intention to become such; that you are twenty-one years of age, according to your information and belief, and that you have resided in this district thirty days next preceding this election, and in the state one year, and that you have not voted before on this day." If he shall re- fuse to take the oath, his vote shall be rejected. Any person guilty of illegal voting shall be punished as provided in the general election laws of the state. Sec. 154. When the polls are closed, proclamation thereof shall be made at the place of voting, and no vote shall after- ward be received. As soon as the polls are closed, the judges shall open the ballot box and commence counting the votes, and in no case shall the ballot box be removed from the room in which the election is held until all the votes are counted. The counting shall be in public. The ballots shall be taken out one by one, by one of the judges, who shall open them and read aloud the name of each person contained therein, and the office for which such person was voted for. The clerk shall write down each office to be filled and the name of such person voted for for such office, and shall keep the num- ber of votes by tallies as they are read aloud by one of the judges. The counting of the votes shall continue without adjournment until all the votes are counted. No ticket shall be rejected on account of form or mistake in the initials or spelling of names, if the judges can determine to their satis- faction the person voted for and the office intended. After the result of the election is duly canvassed and officially de- clared, the clerk of election shall forward the poll sheet thereof to the county superintendent, who shall preserve the same on file in his office. Sec. 155. Persons having the highest number of votes given for each office shall be declared duly elected, and the clerk of election shall immediately make out and deliver to each person so elected a certificate of election. The clerk of election shall also make out a certificate showing the persons elected to each office at such election, with oaths of office of persons elected attached, and mail such certificate and oaths to the county superintendent of schools of the county in which CODE OF PUBLIC INSTRUCTION. 71 the election is held. If two persons have an equal and high- Tie votes, est number of votes for one and the same office, they shall, within ten days after the election, appear before the clerk of election of said district and publicly decide by lot which of the persons so having an equal number of votes shall be de- clared elected, and the clerk of election shall make out and deliver to the person thus declared elected a certificate of his election, and notify the county superintendent of the county as before provided. If the persons above named do not, within ten days after election, thus decide, the office shall be declared vacant by the clerk of election, and the county superintendent shall, when notified of the vacancy, fill the same by appointment. ARTICLE II. — SPECIAL MEETINGS. Sec. 156. Any board of directors may, in its discretion, Special and shall, upon a petition of the majority of the legal voters of their district, call a special meeting of the voters of the district, to determine the length of time in excess of the mini- mum length of time prescribed by law that school shall be maintained in the district during the school year; to determine whether or not the district shall purchase any school house site or sites, and to determine the location thereof; or to de- termine whether or not the district shall build one or more school houses; or to determine whether or not the district shall sell any real or personal property belonging to the dis- trict, borrow money, or establish and maintain a school dis- trict library. Sec. 15*7. All such special meetings shall be held at the Elections at school house, if there be one, or if there be none or more than house. °° one, then at such school house or place as the board of direct- ors may determine. At least ten days' notice of such special cierk to ... g> v e ten meeting shall be given by the district clerk, in the manner days' notice, that notice is required to be given of the annual school elec- tion, which notice shall state the object or objects for which the meeting is to be held, and no other business shall be transacted at such meeting than such as is specified in the notice. The district clerk shall be clerk of the meeting, and the chairman of the board of directors or, in his absence, the senior director present, shall be chairman of the meeting: Provided, That in the absence of one or all of said officers, E]ection the qualified electors present may elect a chairman or clerk, offic< r " or both chairman and clerk, of said meeting as occasion may 72 CODE OF PUBLIC INSTRUCTION. Records of. Directors to carry out vote. For disclosing examination questions. For failure of county super- intendent to make report. For failure to pay over money. For failure of directors to enforce teach- ing of hygiene. require, from among their number. The clerk of the meeting shall make a record of the pi-oceedings of the meeting, and when the clerk of such meeting has been elected by the quali- fied voters present, he shall within ten days thereafter, file the record of the proceedings, duly certified, with the clerk of the district, and said record shall become a part of the records of the district, and be preserved as other records. Sec. 158. It shall be the duty of every board of directors to carry out the directions of the electors of their districts as expressed at any such meeting. Chapter 11. — Penalties. Sec. 159. Any member of the state board of education, or any employe of the state, who shall, directly or indirectly, disclose any questions prepared for examinations, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred nor more than five hundred dollars. Sec. 160. If any county superintendent fails to make a full and correct report to the superintendent of public instruction of all statements required by him, he shall forfeit the sum of fifty dollars from his salary, and the board of county com- missioners are hereby authorized and required to deduct therefrom the sum aforesaid upon the information from the superintendent of public instruction that such reports have not been made. Sec. 161. Any officer or person collecting or receiving any such fines, forfeitures or othc* moneys, and refusing or fail- ing to pay over the same, as required by law, shall forfeit double the amount so withheld, and interest thereon at the rate of five per cent, per month during the time of so with- holding the same; and it shall be a special duty of the county superintendent of schools to supervise and see that the pro- visions of this section are fully complied with, and report thereon to the county commissioners semi-annually or oftener. Sec. 162. Upon complaint in writing being made to any county superintendent by any district clerk, or by any head of family, that the board of directors of the district of which said clerk shall hold his office, or said head of family shall re- side, have failed to make provision for the teaching of hygiene, with special reference to the effects of alcoholic drink, stimu- lants and narcotics upon the human system, as provided in this act, in the common schools of such district, it shall be the CODE OF PUBLIC INSTRUCTION. 73 duty of such county superintendent to investigate at once the matter of such complaints, and if found to be true, he shall immediately notify the county treasurer of the county in which such school district is located, and after the receipt of such notice, it shall be the duty of such county treasurer to refuse to pay any warrants drawn upon him by the board of direct- ors of such district subsequent to the date of such notice and until he shall be notified to do so by such county superin- tendent. Whenever it shall be made to appear to the said county superintendent, and he shall be satisfied, that the board of directors of such district are complying with the provisions of said section of this act, and are causing physi- ology and hygiene to be taught in the public schools of such district as hereinbefore provided, he shall notify said county treasurer, and said treasurer shall thereupon honor the war- rants of said board of directors. Sec. 163. Any county superintendent of common schools For failure of • v ii j? 'i /• i • countv super- who shall fail or refuse to comply with the provisions of the intendent to enforce tench- preceding section shall be liable to a penalty of one hundred ing of hygiene, dollars, to be recovered in a civil action in the name of the state in any court of competent jurisdiction, and the sum re- covered shall go into the state school fund; and it shall be the duty of the prosecuting attorneys of the several counties of the state to see that the provisions of this section are en- forced. Sec. 164. In case the district clerk fails to make the reports For failure . m r of clerk to herein provided at the proper time and in the proper manner, make report, he shall forfeit and pay to the district the sum of twenty-five dollars for each and every such failure. He shall also be liable if, through such neglect, the district fails to receive its just apportionment of school moneys, for the full amount so lost. Each and all of said forfeitures shall be recovered in a suit brought by the county superintendent or by any citizen of such district, in the name and for the benefit of such dis- trict. Sec. 165. Any school officer who shall refuse or fail to de- For failure liver to his qualified successor all books, papers, records and property, moneys pertaining to his office, or who shall willfully mutilate or destroy any such property, or any part thereof, or who shall misapply moneys entrusted to him by virtue of his office, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine not to exceed one hundred dollars. 74 CODE OF PUBLIC INSTRUCTION. For failure to enforce course of study. For abuse of pupils. For non- attendance at institute. For abusing a teacher. For disturb- ing school. For non- attendance at school. For defacing property. Sec. 166. Any teacher who willfully refuses or neglects to enforce the course of study or the rules and regulations re- quired by the state board of education, shall not be allowed by the directors any warrant for salary due until said teacher shall have complied with said requirements. Sec. 167. Any teacher who shall maltreat or abuse any pupil by administering any undue punishment, or who shall inflict punishment on the head or face of a pupil, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be fined in any sum not exceeding one hundred dollars. Sec. 168. Any teacher failing to attend once in each year an institute in some county of this state, unless on account of sickness, or for other good and sufficient reasons satisfac- tory to the superintendent of public instruction, may have any certificate he may hold forfeited by order of the superin- tendent of public instruction: Provided, That said forfeiture shall be duly published after the said teacher shall have been given opportunity to present his reasons for such non-attend- ance, and after action thereon. Sec. 169. Any parent, guardian or other person, who shall insult or abuse a teacher in the presence of the school, or anywhere on the school grounds or premises, shall be deemed guilty of a misdemeanor and be liable to a fine of not less than ten dollars nor more than one hundred dollars. Sec. 170. Any person who shall willfully disturb any school or school meeting shall be deemed guilty of a misdemeanor, and upon conviction be fined in any sum not more than fifty dollars. Sec. 171. Any person summoned before a superior judge to answer why he has not kept the children under his care in school as provided in the law relating to school attendance, and failing to show satisfactory cause for his refusal or neglect to comply with such law, shall be guilty of a misdemeanor, and fined in a sum of not less than ten nor more than twenty- five dollars for each offense, and the said fine when collected shall be placed to the credit of the school district wherein the person so fined resides. Sec. 172. Any pupil who shall cut, deface or otherwise in- jure any school house, furniture, fence or outbuilding thereof, or any books belonging to the district library, shall be liable to suspension and punishment, and the parent or guardian of CODE OF PUBLIC INSTRUCTION. 75 such pupil shall be liable for damages, on complaint of the teacher or of any director, and upon proof of the same. Sec. 173. Auy person violating the provisions of this act f° r J^^h relating to vivisection and dissection in schools shall, upon tion law - conviction thereof, be deemed guilty of a misdemeanor and be fined in any sum of not less than fifty nor more than one hundred dollars. Sec. 174. Any district using text-books other than those For failure to . , . , use text- prescribed by the state board of education, or any district books or * -ill follow course failing to comply with the course of study prescribed by the of study, state board of education, or any district in which warrants are issued to a teacher not legally qualified to teach in the common school of the said district, shall forfeit twenty-five per cent, of their school fund for that or the subsequent year, and it is hereby made the duty of the county superintendent to deduct said amount from the apportionment to be made to any district failing in either or all of the above requirements, and the amounts thus deducted shall revert to the general school funds of the state, and the county treasurer shall re- turn the same to the state treasurer for reapportionment. Sec. 175. No school district shall be entitled to receive any for failure * to maintain apportionment of school moneys which shall not have main- school, tained school for the time required by law during the preced- ing school year: Provided, That any new district formed from the division of an old one shall be entitled to its just share of school moneys when the time that school was maintained in the old district before division, and in the new one after division, shall be equal to ait least the time required by law in the old district. Chapter 12. — General Provisions. Sec. 176. Whenever the word "he' 1 or "his" occurs in Pronouns , "he" and this act, referring to either the members of the city board of "his." directors, county superintendents of common schools, city superintendents, directors, clerks, state board of education or other school officers, it shall be understood to mean also "she" or "her," and anv woman possessing all of the quali- Women may . . hold otlloe. fications of an elector except as to sex, and possessing all of the other qualifications required by law for such offices, shall be eligible to hold such offices. Sec. 177. The superior nudge shall, upon complaint of the Judge shall 1 jo * i enforce com- school clerk or upon his own motion, have power to remove puisory law. any child if an orphan who fails to attend school as required 76 CODE OF PUBLIC INSTRUCTION. Vivisection forbidden. Dissection permitted, when. Displav of United States flag. Free kinder- gartens. by law, and place it in the care of some other person who will be likely to send such child to school; or if the child be under the care of parents, then the superior judge shall have power to summon such child before him and, if he shall, upon inquiry, find that the child has not already attained a reason- able proficiency in the common school branches for the first eight years as outlined in the course of study for common schools for the State of Washington, he shall issue an order commanding such parents to place such child in school, if school be then in session, or immediately when school shall resume if it be not in session; or appear before him and show cause for their neglect or refusal so to do. Sec. 178. No teacher or other person employed in any school in the State of Washington, except a medical or dental school or the medical or dental department of any school, shall practice vivisection upon any vertebrate animal in the presence of any pupil in said school, or any child or minor there present; nor in such presence shall exhibit any verte- brate animal upon which vivisection has been practiced. Sec. 1 *79. Dissection of dead animals, or any portion thereof, in the schools of the State of Washington shall, in no instance, be for the purpose of exhibition, but in every case shall be confined to the class room and the presence of those pupils engaged in the study to be illustrated by such dissection. Sec. 180. That the board of directors in the several school districts of this state shall procure a United States flag, and shall display said flag upon or near each public school build- ing during school hours, except in unsuitable weather and at such other times as to the said board may seem proper; and the necessary funds to defray the expenses to be incurred for such flags and appliances shall be assessed and collected in the same manner as moneys are now raised by law for public school purposes. Sec. 181. The board of directors of any school district con- templated by this act shall have power to establish and main- tain free kindergartens in connection with the common schools of said district for the instruction of children between the ages of four and seven years, residing in said district, and shall establish such courses of training, study and discipline, and such rules and regulations governing such preparatory 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 CODE OF PUBLIC INSTRUCTION. 77 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 Expenses paid 00 by special tax. kindergartens shall be paid from the special school fund voted by the electors of said districts, for this purpose; and the said kindergartens 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 is now, or hereafter may be, provided by law for the government of the other public schools of this state: Provided further, That teachers of kindergarten schools Diplomas of ■Liii i • 1 ' e ii-i-T • teachers in. snail nave a diploma trom some reputable kindergarten train- ing school, or pass such examination on kindergarten work as the kindergarten department of the state normal schools may direct. TITLE IV.— HIGHER AND SPECIAL INSTITUTIONS. Chapter 1. — University of Washington, article i. — administration. Sec. 182. The state university, as heretofore located and Establlsh - •> ' mcnt. established in the city of Seattle, county of King, shall be designated and named the University of Washington. Sec. 183. The aim and the purpose of the university of A y m *" e d Washington shall be to provide for students of both sexes, on equal terms, a liberal instruction in the different branches of literature, science, art, law, medicine, military science and such other departments of instruction as may be established therein from time to time by the board of regents. Tuition Tuition, in the university of Washington, except as may be provided by the board of regents with reference to the arts or to special courses of study, shall be free to all bona fide residents of this state. Non-residents of this state shall be admitted to the said university on such terms as may from time to time be prescribed by the board of regents. The said university shall, as far as practicable, begin its course of study in its literary and scientific departments at the points where the same are com- pleted in the public high schools of the state. No student Admission 1 1 ... of students. shall be admitted except upon examination satisfactory to the faculty of the university. Provided however, That students shall be admitted without examination upon presentation of certificates from those public high schools and other educa- tional institutions in this state whose courses of study shall have been approved by said faculty of the university, such certificates to show the completion of a course of study on the 78 CODE OF PUBLIC INSTRUCTION. Board of regents. Term of office. Quorum. Four mem- bers from King county. Vacancy. Regents must take oath. Organization of board. Meetings. Powers and duties: To have full control. part of applicants, which said faculty shall deem equivalent to the course of study necessary for admission under examin- ation. Sec. 184. The government of the university of Washing- ton shall be vested in a board of regents to consist of seven members who shall be appointed by the governor of the state, by and with the advice and consent of the senate, and who shall hold their offices, respectively, for a term of six years from the second Monday in March next succeeding their ap- pointment and until their successors shall be appointed and shall qualify: Provided, That regents now serving upon such board shall continue as such during the terms for which they were respectively appointed. Four members of said board shall constitute a quorum for the transaction of business, and it shall be the duty of the governor to appoint at least four members of said board from the citizens of the city of Seattle or county of King in order that a quorum of said board may always be near the said university. Whenever there shall be a vacancy in the said board of regents, from any cause whatever, it shall be the duty of the governor to fill such office by appointment, and the person or persons so appointed shall continue in office until the close of the legis- lature next thereafter, or until others are appointed and quali- fied in their stead. Each regent before entering upon the duties of his office must qualify by taking the usual oath of office before some officer authorized by law to administer the same and file a copy of said oath with the secretary of state. Sec. 185. The board shall organize by the election from its number a president and an executive committee, of which committee the president shall be ex officio chairman. The board shall hold regular quarterly meetings, and doing the interim between such meetings the executive committee may transact business for the whole board: Provided, That the executive committee may call special meetings of the whole board when such action is deemed necessary. Sec. 186. The board of regents may adopt by-laws or rules and regulations for its own government. The powers and duties of the board of regents are as follows: First: The said board shall have full control of the univer- sity and its property of various kinds, and shall employ the president, members of the faculty, assistants and employes of the institution, who shall hold their positions during the pleasure of said board of regents. CODE OF PUBLIC INSTRUCTION. 79 Second: It shall be the duty of the board of regents, with To prescribe « ~ courses of the assistance of the faculty of the university, to prescribe stud y- the course of study in the various departments of the institu- tion and to publish the annual catalogue. Third: The said board shall grant to every student, upon To grant n • -li-i-i t i . diplomas. graduation, a suitable diploma or degree, such student having been recommended for such honor by the faculty. The board shall also have power, upon recommendation of the faculty, to confer the usual honorary degrees upon other persons than graduates of this university in recognition of their learning or devotion to literature, art or science; but no degree shall ever be conferred in the consideration of the payment of money or other valuable thing. Any diploma granted by the Normal diplomas normal department of the university shall entitle the holder entitle to . ,. . teach. to teach in any public school in this state during life, under regulations consistent with other provisions of law relating to life diplomas. Fourth: The board of regents is authorized to receive such To receive and . . , control funds. bequests or gratuities as may be granted to the said univer- sity and to invest or expend the same according to the terms of said bequests or gratuities. The said board shall adopt proper rules to govern and protect the receipt and expendi- ture of the proceeds of all fees, bequests or gratuities, and shall make full report of the same in the customary biennial report to the governor, or more frequently if required by law. Fifth: The board of regents is authorized and empowered bon^toWai to give and execute, on behalf of the State of Washington, De P artment - the bonds and other papers required by the war department for the safe keeping of the arms and equipments loaned by the United States to the university of Washington. Sixth: The board of regents shall transmit, on the first day To make a of January preceding each regular session of the legislature, report, to the governor, a printed report of all the doings since their last report, giving full information of the receipt and expendi- ture of money, furnish an estimate of the needs of the institu- tion, and give such information as will be helpful to the state authorities in providing for the said institution. Seventh: The members of said board of regents shall serve To receive no . x i . _, . . i 11 , • i compensation without compensation. Each regent, however, shall be paid except actual his actual traveling expenses in going to and coming from any meeting of said board, and such claims for expenses shall be audited on vouchers issued by the president and secretary 80 CODE OF PUBLIC INSTRUCTION. Faculty. of said board the same as any other claims are vouchered and audited. Sec. 187. The faculty of the university of Washington shall consist of the president and the professors, and the said faculty shall have charge of the immediate government of the institution under such rules as may be prescribed by the board of regents. Sec. 188. The university of Washington shall never be under the control of any religious or sectarian denomination or society whatever. Sec. 189. The attorney general of the state shall be the legal adviser. l e g a l advisor of the president and the board of regents of the university, and he shall institute and prosecute or defend all suits in behalf of the same. Non-see- tarian. Attorney general Establish- ment. Purpose and aim. Ex officio visitors. Courses of instruction. Teachers of physical science. Chapter 2. — Agricultural College. Sec. 190. The state agricultural college, experiment station and school of science of the State of Washington, as hereto- fore located at Pullman, Whitman county, shall be an institu- tion of learning open to the children of all residents of this state, and to such other persons as the board of regents may determine, under such rules and regulations as may be pre- scribed by the board of regents; shall be non-sectarian in character, and devoted to practical instruction in agriculture, mechanic arts, and natural sciences connected therewith, as well as a thorough course of instruction in all branches of learning upon agricultural and other industrial pursuits. Sec. 191. The governor of the State of Washington, the superintendent of public instruction, members of the legisla- ture, and county commissioners shall be ex officio visitors of said college. But said visitors shall have no power granted to control the action of the board of regents or to negative its duties as defined by law. Sec. 192. The course of instruction of said college shall embrace the English language, literature, mathematics, phil- osophy, civil and mechanical engineering, chemistry, animal and vegetable anatomy and physiology, the veterinary art, entomology, geology, political economy, rural and household economy, horticulture, moral philosophy, history, mechanics, and such other courses of instruction as shall be prescribed by the board of regents. One of the objects of said college shall be to train teachers of physical science, and thereby further the application of the principles of physical science CODE OF PUBLIC INSTRUCTION. 81 to industrial pursuits; to collect information as to schemes of technical instruction adopted in other parts of the United States and in foreign countries, and to hold farmers' insti- tutes at such times and places and under such regulations as the board of regents may determine. Sec. 193. The board of regents shall provide that all in- Duties of regents. struction given in the college shall, to the utmost practicable extent, be conveyed by means of practical work on the labor- atory, and shall provide in connection with said college the following laboratories: One physical laboratory or more, one chemical laboratory or more, and one biological labor- atory or more, and suitably furnish and equip the same. Said board of regents shall provide that all male students shall be trained in military tactics. Said board of regents shall establish a department of said college to be designated the department of elementary science, and in connection therewith provide instruction in the following subjects: Elementary mathematics, including elementary trigonometry, elementary mechanics, elementary and mechanical drawing and land surveying. Said board of regents shall establish a department of said college to be designated the department of agriculture, and in connection therewith provide instruc- tion in the following subiects — First: Physics, with special Departments ° _ J _ J r of instruction application of its principles to agriculture. Second: Chem- istry, with special application of its principles to agriculture. Third: Morphology and physiology of plants, with special reference to the commonly grown crops and their fungus enemies. Fourth: Morphology and physiology of the lower forms of animal life, with special reference to insect pests. Fifth: Morphology and physiology of the higher forms of animal life, and in particular of the horse, cow, sheep and swine. Sixth: Agriculture, with special reference to the breeding and feeding of live stock, and the best mode of cultivation of farm produce. Seventh: Mining and metal- lurgy. And it shall appoint demonstrators in each of these subjects, to superintend the equipment of a laboratory and to eive practical instruction in the same. Said board of Experiment ° r .station. regents shall establish an agricultural experimental station in connection with the department of agriculture of said college, appoint its officers and prescribe such regulations for its management as it may deem expedient. Said board of regents may establish other departments of said college, and provide —6 82 CODE OF PUBLIC INSTRUCTION. Management of institution in board of five regents. Appointment and term of office. Bonds of regents. Three regents from Eastern Washington. Organization of board. Treasurer. Bond, £40,000. courses of instruction therein, when those are, in its judg- ment, required for the better carrying out of the object of the college. Sec. 194. The management of said college and experiment station, the care and preservation of all property of which the institution shall become possessed, the erection and con- struction of all buildings necessary for the use of said col- lege and station, and the disbursement and expenditure of all money provided for by this chapter, shall be vested in a board of five regents, said five members of the board of regents shall be appointed in the manner appointed by law; said regents and their successors in office shall have the right of causing all things to be done necessary to carry out the provisions of this chapter. The board of regents provided for in this chapter shall be appointed by the governor, by and with the consent of the senate, one for a term of two years, two for a term of four years, and two for a term of six years; and each regent shall, before entering upon the discharge of his respective duties as such, execute a good and sufficient bond to the State of Washington, with two or more sufficient sureties, residents of the state, in the penal sum of not less than five thousand dollars ($5,000) each, conditioned for the faithful performance of his duties as such regent: Provided, That all appointments made to fill vacancies caused by death, resignation or otherwise, shall be for the unexpired term of the incumbent whose place shall have be- come vacant. All other appointments made subsequent to the appointment of the first board of regents provided for in this act, shall be for the term of six years and until the ap- pointment and qualification of a successor to each apppointee: Provided further, That at least three of the members of the board of regents so appointed shall be residents of East- ern Washington and one shall be a resident of Western Washington: Provided further, That regents now serving upon such board shall continue as such during the term for which they were respectively appointed. Sec. 195. The board of regents of the agricultural college, experiment station and school of science shall meet and or- ganize, by the election of its president and treasurer from their own number, on the first Wednesday in April of each year. The person so elected as treasurer shall, before enter- ing upon the discharge of his duties as such, execute a good and sufficient bond to the State of Washington, with two or CODE OF PUBLIC INSTRUCTION. 83 more sufficient sureties, residents of the state, in the penal sum of not less than forty thousand dollars ($40,000), con- ditioned for the faithful performance of his duties as such treasurer, and that he will faithfully account for and pay over to the person or persons entitled thereto all moneys which shall come into his hands as such officer, which bond shall be approved by the governor of the state, and shall be filed with the secretary of state. The president of the col- President of n college to be lege shall be secretary of the board of regents, and shall per secretary of form all the duties pertaining to that office, but shall not have the right to vote. The secretary shall in like manner Bond, $5,000. as the treasurer give a bond in the penal sum of not less than five thousand dollars ($5,000), conditioned for the faithful performance of his duties as such officer. Sec. 196. The president of said board shall be the chief Duti . e ? of . r president ot executive officer, shall preside at all meetings thereof ( except the board, that in his absence the board may appoint a president pro tempore) and sign all instruments required to be executed by said board. The treasurer shall be the financial officer of Treasurer, said board, shall keep a true account of all moneys received and expended by him. The secretary shall be the record- Secretary, ing officer of said board, shall attest all instruments re- quired to be signed by the president, and shall keep a true record of all the proceedings of said board, and generally do all other things required of him by said board. Sec. 197. The regents shall have the power, and it shall Regents enact - by-laws. be their duty, to enact laws for the government of said agri- cultural college, experiment station and school of science: Provided, The board of regents shall maintain at least one experimental station in the western portion of the state. Sec. 198. The board of regents shall direct the disposition Regents have r ii' t 1 • 1 general of any moneys belonging to or appropriated to the agricul- control, tural college, experiment station and school of science, estab. lished by this act, and shall make all rules and regulations necessary for the management of the same, adopt plans and specifications for necessary buildings, and superintend the construction of said buildings, and fix the salaries of profess- ors, teachers and other employes, and tuition fees to be charged in said college. Sec. 199. The agricultural experiment station provided Experiment t * station estab- for in this act in connection with said agricultural college li8hed l> y ° congress. shall be under the direction of said board of regents of said college for the purpose of conducting experiments in agri- 84 CODE OF PUBLIC INSTRUCTION Assent to congressional requirements. Meetings of board of regents. culture according to the terms of section one ( 1 ) of an act of congress, approved March 2, 1887, and entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several states, under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto." The said college and experiment station shall be entitled to receive all the benefits and dona- tions made and given to similar institutions of learning in other states and territories of the United States by the legislation of the congress of the United States now in force, or that may be enacted, and particularly to the benefits and donations given by the provisions of an act of congress entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and mechanic arts," approved July 2, 1862, and all acts supplementary thereto, including the acts entitled "An act to establish agricultural experiment stations in con- nection with colleges established in the several cities under the provision of an act approved July 2, 1862, and of the acts supplementary thereto," which said last entitled act was approved March 2, 1887; also, "An act so apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of congress approved July 2, 1862," which said last mentioned act was approved August 30, 1890. Sec. 200. The assent of the legislature of the State of Washington is hereby given, in pursuance of the require- ments of section nine (9) of said act of congress, approved March 2, 1887, to the granting of money therein made to the establishment of experiment stations in accordance with section one ( 1 ) of said last mentioned act, and assent is hereby given to carry out, within the State of Washington, every provision of said act. Sec. 201. The meetings of the board of regents may be called in such manner as the board may prescribe, and the majority of said board shall constitute a quorum for the trans- action of business; but a less number may adjourn from time to time. All meetings of the said board may be held in the office of the college building. No vacancy in said board shall impair the rights of the remaining board. A full meet- ing of the board shall be called at least once a year. Sec. 202. Each member of the board of regents created by CODE OF PUBLIC INSTRUCTION. 85 this chapter shall, before entering upon his duties, take and ^p"^™ 1181 subscribe an oath to discharge faithfully and honestly his* 00 ** 11 - duties in the premises, and to perform strictly and impar- tially the same to the best of his ability; said oath shall be filed with the secretary of state. Sec. 203. The regents shall be allowed their actual and Expenses ~ of regents. necessary traveling expenses in going to and returning from all the necessary sessions of their board; and also their nec- essary expenses while in actual attendance upon the same. Sec. 204. The board of regents shall, on or before the first Biennial day of November of each year, make a full and true report in detail of all their acts and doings during the previous year, their receipts and expenditures, the exact status of their institution, and other information they may deem proper and useful, or which may be called for by the governor, which said report shall be made to the governor, who shall trans- mit the same to the succeeding session of the legislature. A copy of said report shall be furnished to the superintendent of public instruction. Sec. 205. The treasurer of said board shall make disburse- Disbursement ments of the funds in his hands on the order of the board, ° which order shall be countersigned by the secretary of the board, and shall state on what account the disbursement is made. Sec. 206. No employe or member of the board created by No employe ... iiii- t ••! -i t i shall have this chapter shall be interested pecuniarily, either directly pecuniary . , . , „ . ., ,. . interest or indirectly, in any contract tor any building or improve- in any con- .... . . . , • i • c *• e tracts. ment of said institution, or for the furnishing or supplies tor the same. Sec 207. The governor of the state shall be ex officio Governor i ■ i /.ii t •it/>-i-i tx offlno mem- advisory member of the board provided for in this chapter, ber of board. but shall not have the right to vote nor be eligible to office therein. Sec. 208. The board of regents are hereby empowered to The board may , grant degrees. grant the usual academic and honorary degrees, and to issue diplomas therefor, upon the recommendations made by the faculty. Sec 209. It shall be the duty of the board of regents Supervise the . . construction herein provided for, as soon after their organization as prac- of ail improve- ,, , . . , ments. ticable, and as soon as there shall be an appropriation there- for in the hands of the state treasurer in any amount sufficient to warrant the beginning the erection of the several build- ings herein provided for, or any wing or section of the same, S6 CODE OF PUBLIC INSTRUCTION. Contractors to give bonds. To employ architects. to enter into contracts with one or more contractors for the erection and construction of such suitable buildings and im- provements, for the institution created by this chapter, as in their judgment shall be deemed best, or the funds aforesaid shall warrant, all things considered; such contract or con- tracts to be let after open public notice and competition under such regulations as shall be established by said board to the person or persons who offer to execute such work on the most advantageous terms: Provided, That in all cases said board shall require from contractors a good and sufficient bond for the faithful performance of the work, and the full protection of the state against mechanics' and other liens: And provided further, That the board shall not have the power to enter into any contract for the erection of any buildings or im- provements, which shall bind said board to pay out any sum of money in excess of the amount provided for said purpose. Sec. 210. The board provided for in this chapter shall have power in their discretion to employ skilled architects and superintendents to prepare plans and specifications, and to supervise the construction of any of the buildings provided for in this chapter, and to fix the compensation for such services subject to the provisions and restrictions of this act. Sec. 211. Whenever there shall be any money in the hands of the state treasurer to the credit of any of the specific funds set apart for the institution created by this chapter, deemed sufficient by the board to commence the erection of any of the necessary buildings or improvements, or to pay the necessary running or other expenses of said institution, the state auditor, on the request in writing of said board, shall, and it is hereby made his duty to draw his warrant in favor of the treasurer of said board and upon the state treasury against the specific fund belonging to said institution in such sum, not exceeding the amount on hand in such specific fund at such time as said board may deem necessary: Provided, That said board shall draw said money as it may be necessary to disburse the same. Chapter 3. — Normal Schools. Establishment. Sec. 212. The state normal school at Cheney, the state normal school at New Whatcom, the state normal school at Ellensburg, and such other state normal schools as may here- after be established, shall each be under the management and control of a board of three trustees, to be known as the " Board of trustees of the state normal school at " State auditor to issue war- rants on proper funds. Corporate title. CODE OF PUBLIC INSTRUCTION. 87 At least two members of each, board of normal school trus- tees shall be residents of the county in which the school of which they are trustees is situated, said trustees to be ap- pointed by the governor, by and with the advice and consent of the senate. Sec. 213. All trustees of the state normal schools serving Appointment at the time of the passage of this act shall continue to hold their respective offices as such trustees for the full term for which they were appointed; and thereafter all trustees shall be appointed for six years, except in cases of appointments to fill vacancies, in which cases the appointment shall be made for the unexpired term of the trustees whose office has become vacant. In case of the establishment of any addi- Term of office, tional state normal schools, unless otherwise expressly pro- vided by law, the governor shall appoint one trustee for two years, one for four years and one for six years. Sec. 214. Each board of normal school trustees shall elect Trustees to elect officers. one of its members chairman, and it shall elect a clerk, who mayor may not be a member of the board. Each board To , enact J J by-laws. shall have power to adopt by-laws for its government and for the government of the school, which by-laws shall not be in- consistent with the provisions of this act, and to prescribe the duties of its officers, committees and employes. A ma- Quorum, jority of the board shall constitute a quorum for the trans- action of all business. Sec. 215. Each board of trustees shall have power, and it Juttes™ a "' 1 shall be its duty — First: To elect a principal for such period as it may de- To ele<-t 11 * "* principal. termine, and to elect such other teachers and assistants as the necessities of the school may require. Second: To provide a librarian for the school who shall To provide a 1 librarian. have charge of all books, maps, charts and apparatus thereof, under such regulations as may be provided by law or by the by-laws of the board of trustees; also to choose a janitor and such other employes as may become necessary, and for good and lawful reasons to discbarge any or all such teachers and employes. Third: To adopt and provide the necessary text-books and J^J^l'.oks*' to provide books of reference for the use of students and teachers, and to provide for the proper care of the same. Fourth: To have charge of the erection of all buildings Tohaveoharge ° ° of erection pertaining to the school, unless otherwise expressly provided, of buildings. 88 CODE OF PUBLIC INSTRUCTION. To audit all accounts. To provide supplies. Boarding houses. Meetings. Duties of principal. Attend institutes. and to have the care and management of all buildings and other property belonging to the school. Fifth: To audit all accounts against the school, and to certify all bills, which may be allowed, to the state auditor, who shall draw warrants on the state treasurer for such amounts as he shall find to have been properly or legally allowed. Sixth: To purchase all supplies for the use of the school, to provide a library suited to its wants, to provide for lectures on subjects pertaining to education and the art or science of teaching, and to do such other things not forbidden by law as may become necessary for the good of the school. Sec. 216. Each board of normal school trustees shall have power to establish and maintain a boarding house or houses for the accommodation of students, to employ a matron and such other assistance as may become necessary to conduct the same, to make such rules for its government and management as they may deem necessary, and to charge such rates for board and entertainment as will make such boarding house or houses self-sustaining. Sec. 21*7. Each board of normal school trustees shall hold two regular or stated meetings each year, at such times as may be provided in its by-laws, and such special meetings may be held as shall be deemed necessary, such special meetings to be called by the chairman or by a majority of the board; all meetings of the boards shall be held in the city or town wherein their respective schools are located. Sec 218. The principal of each state normal school shall have a general supervision of the school, shall see that all laws and all rules of the boards of trustees are observed and obeyed by teachers and students, that the course or courses of study prescribed are faithfully pursued, shall assign students to their proper classes or grades, and unless otherwise specially provided, he shall designate the work to be performed by each teacher. He shall, at the close of each school year, make a detailed annual report to the board of trustees, containing a classified catalogue of all students that have been enrolled during the year, and such other information as he may deem advisable or as the board may require, and it shall be his duty to superintend the printing of the same. It shall also be his duty, when required by the board of trustees, to attend county institutes and other educational gatherings, and to lecture upon educational topics that are calculated to enhance CODE OF PUBLIC INSTRUCTION. 89 the interests of popular education or of his school. The Expenses allowed. board of trustees shall audit and allow all his necessary expenses incurred in traveling. Sec. 219. A model school or training department shall Model 9ch ° o1 - be provided for each state normal school contemplated by this act, in which all students, before graduation, shall have actual practice in teaching for not less than twenty weeks under the supervision and observation of critic and training teachers. A manual training department for each school ^'school 8 '" under its control shall also be provided, and a suitable teacher employed for each. Sec. 220. Every diploma of graduation from a state normal J e 1 rUnSae S and school or certificate issued therefrom shall be signed by the lssued ' how - president of the board of trustees, by the principal and the heads of departments of the normal school at which the holder graduated, and by the president of the state board of educa- tion; and all diplomas or certificates shall be stamped with the seal of the state board of education. Every diploma and certificate shall specifically state what course of study the holder has taken, and for what length of time said diploma or certifi- cate is valid as a certificate to teach in the schools of this state. Sec. 221. No charge shall be made against anv student for Tuition free ... . to residents. tuition, in any of the normal schools contemplated by this act: Provided, That said student is a bona fide resident of this state; but such student shall be required, upon entrance into any of said schools, to certify upon honor that it is his intention to pursue the vocation of teaching. Students from Tuition sioo to , non-residents. other states or territories may be granted scholarships which shall entitle them to complete any course of study prescribed by the board of higher education in any state normal school of this state, upon the payment of one hundred dollars each, which sura shall be placed to the credit of the normal school which such student shall attend, and shall be expended in the purchase of books or apparatus for the benefit of such school. All students shall be required to furnish satisfactory evidence of good moral character, and any student may be suspended or expelled from any state normal school contemplated by this act, who is found to be immoral or who refuses to comply with the rules and regulations for its government. Sec. 222. The board of higher education shall prescribe Courses of b m * study. the following courses of study, which shall be uniform for all state normal schools of this state: An elementary course of two years; an advanced course of four years. Students 90 CODE OF PUBLIC INSTRUCTION. For colleges and accredited high school- School year, 40 weeks. Certificates may be revoked for cause Free text- books. Deposit fee $10. Library fund. Requirements for admission. completing the elementary course shall receive a certificate which shall entitle them to teach in the common schools of the state for a period of five years. Students completing the advanced course shall, after satisfactory evidence shall have been furnished of their having successfully taught for two years, receive a diploma, which shall mature into a life di- ploma issued by the state board of education. The board of higher education shall also prescribe two courses for pro- fessional training for graduates of colleges and accredited high schools; namely, one course of one year and another of two years. Students completing the one year course shall receive the same diploma as is granted for the regular advanced course. Those completing the two years' course shall re- ceive a diploma which shall entitle the holder to teach in the common schools of the state for life: Provided, That no one shall receive a diploma or certificate in any course who has not been in attendance one full school year of forty weeks, and who has not, by at least twenty weeks' of practice teaching in the training school, given evi- dence of fitness for teaching: Provided further, That any of the foregoing certificates and diplomas may be revoked by the state board of education for good and sufficient reasons of immorality or incompetency. The board of higher education shall also provide a uniform system of rules and regulations for admission to and graduation from the normal schools. Sec. 223. No student shall be required to pay for the use of any book or books belonging to the library of any school contemplated by this act, but the board of trustees may re- quire the deposit of a sum not exceeding ten dollars by each student, as indemnity for the loss of any book or books, or for damage done to any book or books by such student, and such sum as may be requh'ed to be deposited, less 25 per cent, of the cost price, or such part thereof as shall not be due the school for loss of or damage to any book or books, shall be returned to such student upon his retirement from the school. All sums retained for loss of or damage to books belonging to the library shall be expended in the purchase of other books for the use of the school. Sec. 224. No person shall be admitted to any state normal school as a student who has not attained the age of sixteen years, if a male, or of^fifteen years if a female, nor until by an entrance examination or otherwise he or she shall have estab- CODE OF PUBLIC INSTRUCTION. 91 lished the fact that he Or she is qualified to enter some one of the grades or courses of study provided for in the course of study. Sec. 225. It shall be the duty of the principals of the Annual . meeting ol several state normal schools contemplated by this act to meet principals, once annually to consult with each other relative to matters concerning their school work, and to discuss methods of teaching and plans of management. Sec. 226. Each board of normal school trustees shall bien- Biennial report. nially on or before the first day of October next preceding each regular session of the state legislature of this state, make, through its secretary, a report to the governor of the state, which report shall be included with and constitute a part of the biennial report of the superintendent of public instruction. Said normal school report shall embrace a statement of the Report con- 1 tains what. receipts and expenditures of the schools, and the purpose for which all moneys have been expended; a classified catalogue of all students enrolled in each of said schools; a directory of all graduates of each school properly classified; the course or courses of study pursued in the several schools and such other information as may be deemed advisable. Sec. 227. No normal school trustee shall be awarded any Trustees shall J have no pecun- contract for the erection, repair or the furnishing of any iarv interest in i ° J any contract. building belonging to any state normal school contemplated by this act, nor for the furnishing of supplies or materials for the same; and no such trustee shall act as agent for any publishing house r roposing to furnish books for such school. Any trustee wIk shall violate any of the above named pro- visions shall, u,»on conviction thereof, be fined in any sum not exceeding five hundred dollars, and his office as such trustee shall be declared vacant. Chapter 4. — School for Defective Youth. Sec 228. The school for the education of the deaf, blind n ; 8 e t n l t b,ish - and feeble minded youth of the State of Washington, as here- tofore located and maintained at Vancouver, Clarke county, shall continue to be knows as the "Washington School for Defective Youth." Sec. 229. Said school shall be free to all resident youth ^ae to resi- in the State of Washington, who are too deaf, blind, or feeble minded to be taught by ordinary methods in other public schools: Provided, They are free from vicious habits and from loathsome or contagious diseases. 92 CODE OF PUBLIC INSTRUCTION. Management in board of regents. To have gen- eral control. Appointment of trustees. Term of office. Vacancies. Constitution of hoard. Official notice of appointment. Regular meeting. Sec. 230. Said school shall be under the management of a board of trustees, consisting of five persons of good repute and learning, being citizens of the state, nominated by the governor, and confirmed by the senate. Sec. 231. After organization, as hereinafter provided, said board of trustees and their successors shall have the manage- ment of real and personal property, funds, financial business, and all general and public interests of the school, with power to receive, hold, manage, dispose of, and convey any and all real and personal property made over to them by purchase, gift, devise or bequest, and the proceeds and interest thereof, for the use and benefit of the school. Sec. 232. Vacancies in the board of trustees, occurring biennially by the expiration of the term or terms of a member or members, shall be filled by nomination by the governor, at least five days before the adjournment of the legislature, of a trustee or trustees to be confirmed by the senate, to serve for six years from the first day of July following the date of his or their confirmation, and until his or their successor or suc- cessors shall be appointed and confirmed. Sec. 233. Vacancies in the board of trustees, caused by the death, resignation, departure from the State of Washington, or removal for cause of a member of the board, shall be filled for the unexpired balance of the term, by the appointment of a trustee by the governor, which appointment shall, at the session of the legislature held next thereafter, be submitted to the senate for confirmation. Sec. 234. All appointments shall be such that the board shall always contain at least one practical educator, one physician and one lawyer. Sec. 235. Official notice of appointment shall be given to each trustee, by the secretary of state, within ten days from the date of the confirmation of said trustees by the senate. Sec. 236. The regular annual meeting of the board of trustees shall be held at the school on the last Wednesday of May in each year; at which meeting a president, a vice presi- dent and a treasurer shall be elected by ballot from the board, and an auditor not of the board, each to serve one year from the first day of July following, and one member of the executive committee to serve three years from the first day of July following; and any other business proper to come before said meeting may be transacted: Provided, That at the regular meeting to be held on the last Wednesday of May, CODE OF PUBLIC INSTRUCTION. 93 1897, the trustees shall elect a director of the school not of their own number, who shall hold his office until removed for cause as provided in this act. Sec. 237. The treasurer of the board of trustees shall, Treasurer's 7 bond. within thirty days from the date of his election, file with the secretary of the State of Washington a duly executed and approved bond, in the sum of five thousand dollars ($5,000), for the faithful performance of his duties as treasurer, during his term of office. Sec. 238. The board of trustees shall, at the time of the Adopt first meeting above provided for, adopt suitable by-laws for its own government in the transaction of business. Sec. 239. Special meetings of the board of trustees may be special , , . ~ , . . , meetings. held at any time, on request ot the executive committee, and shall be held on the written request of any three trustees. The official notification of each special meeting shall state the business to be transacted at said meeting, and no business other than that so stated shall be brought before said meet- ing. Sec. 240. Three members of the board of trustees shall Quorum constitute a quorum for the transaction of business. Sec. 241. Official notice of each meeting of the board of Notice of ° meetings. trustees shall be issued by the secretary to each trustee, at least fifteen days before the date of such meeting. Sec. 242. The executive committee shall meet at the school Executive committee on the last Wednesdays of August, November, February and meetings. May, in each school year, and at other times as often as may be necessary for the proper performance of their duties. Sec. 243. The executive committee, upon their visits to Duties of the executive the school, shall inspect the real and personal property of the committee. school; shall purchase all supplies in the manner authorized for the purchase of supplies for the hospital for the insane; shall examine the accounts, bills and vouchers, and shall draw orders on the treasurer of the board for the payment of bills approved; and at suitable times shall submit the accounts to the inspection of the auditor. Sec. 244. No trustee shall, during his term of office, have Trustees to . . • i • i • . • have no pecun- any direct or indirect personal interest in any contract, agree- iary interest in , , , » A , , , . wiy contract. ment or indebtedness on account ol the school in any way. Sec. 245. The financial and official year of the school shall offloiaiyew. begin on the first day of July, and end on the thirtieth day of June, following. Sue. 246. The regular term of school shall begin on the Term of 94 CODE OF PUBLIC INSTRUCTION. Biennial report. Director. Duties of the director. Removal of director. Non-resident pupils. Duty of district school clerk. County super- intendent to report. last Wednesday of August in each year, and end on the last Wednesday of May following. Sec. 247. At each regular session of the legislature of the State of Washington, the board of trustees shall present to the governor, for transmission to the legislature, a full report of the operations of the school during the previous two school years, showing the amount, condition and value of all real and personal property of the school, receipts and expenditures of money, number of persons employed, and amount of salary paid to each, and the number of pupils in attendance. Sec. 248. The director of the school shall be a competent expert educator of defective youth; a hearing man of sound learning and morals, not under thirty nor over seventy years of age; practically acquainted with the school management and class instruction for the deaf, blind and feeble minded. He shall reside in the school and be furnished quarters, heat, light and food. Sec. 249. The director shall be responsible for the care of the premises and property of the school, selection and con- trol of employes, regulation of the household, discipline of the school, arrangement and execution of a proper course of study, training of the pupils in morals and manners, and the general oversight of all internal affairs of the school, and shall lav before the regular annual meeting of the board of trustees, on the last Wednesday of May in each year, a full report of the operation of the school during the previous school year. Sec. 250. The director may be removed at any time by a three-fifths vote of the full board of trustees for misconduct, incapacity, mismanagement, inefficiency or immorality. Sec. 251. Defective youth not residing in the state shall be admitted on such terms and conditions as may be prescribed by the board of trustees. Sec. 252. It shall be the duty of the clerks of all school dis- tricts in the State of Washington at the time for making the an- nual reports to report to the school superintendent of their respective counties the names of all deaf, mute, blind or feeble minded youth residing within their respective districts who are between the age of six and twenty-one years. Sec. 253. It shall be the duty of each county school super- intendent to make a full and specific report of such defective youth to the county commissioners of his county at the reg- ular meeting of said commissioners held in August in each CODE OF PUBLIC INSTRUCTION. 95 year. He shall also, at the same time, transmit a duplicate copy of said report to the director of the Washington school for defective youth. Sec. 254. It shall be the duty of the parents or the guard- JggjgJSf ians of all such defective youth to send them each year to the said state school for defective youth. The county super- intendent shall take all action necessary to enforce this section of this act: Provided, That if satisfactory evidence shall be laid before the county superintendent that any defective youth is being properly educated at home or in some suitable institution other than the Washington school for defective youth, the county superintendent shall take no other action in such case further than to make a record of such fact, and take such steps as may be necessary to satisfy himself that said defective youth shall continue to receive a proper education. Sec. 255. If it appears to the satisfaction of the county Expenses of . indigent commissioners that the parents of any such defective youth pupils, within their county are unable to bear the expense of sending them to said state school, it shall then be the duty of the commissioners to send them to such school at the expense of the county. Sec. 256. Any parent, guardian, school superintendent or Penalty, county commissioner who shall, without a proper cause, fail to carry into effect the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, upon the complaint of any officer or citizen of the county or state, before any justice of the peace or superior court, shall be fined in any sum not less than fifty nor more than two hundred dollars, in the discretion of the court. TITLE V.— REPEALING AND EMERGENCY CLAUSES. Sec. 257. This act shall be known and cited as the Code of Repealing t > \ Jsti 1 1 LI Public Instruction of the State of Washington, and shall school laws. be construed as repealing chapter vi of title m, chapter vnof title v, all of title x except chapter xvn thereof, chapter iv of title l, all being of volume i of Hill's Annotated Statutes and Codes of Washington; and also repealing all amendments thereto: also repealing an act entitled "An act concerning the formation of new school districts, changing the boundaries and transferring territory from one district to another," ap- proved March 9, 1893; also repealing an act entitled "An act to provide for the management and control of Htate normal 96 CODE OF PUBLIC INSTRUCTION. schools in the State of Washington," approved March 10, 1893, and all amendments thereto; also, repealing an act entitled "An act granting to school districts the right to pur- chase school house sites of school lands belonging to the State of Washington of not less than one acre and not more than five acres, and granting to school districts the preference right to purchase such sites, and declaring an emergency," approved February 26, 1895; also repealing an act entitled "An act re- lating to the indebtedness of school districts, providing means and methods for paying and funding the same, and means for validating the same or any part thereof incurred in excess of one and one-half per centum of the taxable property of the school district, without the assent of three-fifths of the voters of the school district voting at an election held for that pur- pose, and declaring that an emergency exists for the taking effect of this act on its passage and approval by the gov- ernor," approved March 1, 1895; also repealing an act entitled "An act to provide for the formation of joint school districts, and to prescribe the minimum number of school children re- quired for the formation of new school districts', and declaring an emergency," approved March 13, 1895; also repealing an act entitled "An act to authorize counties, cities, towns and school districts to provide temporary funds for current ex- penses in anticipation of revenue," approved March 20, 1895. Emergency. Sec. 258. Whereas, this act is amendatory of all existing school laws, and is for the purpose of harmonizing existing inconsistencies and unifying the school laws of this state: therefore, an emergency is declared to exist, and this act shall take effect and be in force from and after its signature by the governor of this state. REGISTRATION OF VOTERS. 97 REGISTRATION OF VOTERS IN SCHOOL ELECTIONS. [Chapter xxxn, Session Laws of 1897.] An Act to provide for the registration of voters in all school elec- tions, in school districts having a population of ten thousand or more inhabitants, and regulating elections in such districts. Be it enacted by the Legislature of the State of Washington: Section 1. No person shall vote at any school election, women must either general or special, to be held in any school district in this state having a population of ten thousand or more in- habitants, as shown by any regular or special census, unless he or she shall have previously complied with the require- ments as to registration, as in this act provided. Sec. 2. The secretary of the board of education ineachdis- Secretary • • r lii board eduea- trict subject to the provisions of this act shall keep the books tion shall reg- •-i-ii" Tin ■ l- ister voters. of registration herein provided for, and shall register therein the names of all duly qualified voters in his district, on appli- cation, in the manner and at the times herein specified. Sec. 3. The board of education of each district subject to Board of c r education to the provisions of this act, shall furnish the secretary of such furnish blanks • an< * books board, at the expense of the district, all blanks and books of andpayaii . . expenses. registration herein provided for, within thirty days after this act shall become a law. Thereafter, after each general elec- tion of members of the board of education, the newly elected board shall furnish to the secretary and cause to be opened new books for the registration of voters. The boards of edu- cation of each district shall furnish, at the expense of their re- spective districts, all funds necessary for carrying out the provisions of this act. Sec. 4. The books of registration shall be opened for the Registration purposes of registration, at the office of the secretary of the W hen. open ' board of the district, on each day between the hours of 9 o'clock a. m. and 4 o'clock p. m. , on each day except legal holidays, and they shall be closed and no names shall be registered therein during the five days preceding any special election, and during the ten days preceding any general election held in such district. The secretary of the board Notice to be •> published shall give notice of the closing of the books of registration °£ closing & ° ° of books. in his district by notice published in a newspaper of general circulation, published in his district, at least ten days before the day for closing said books. —7 98 REGISTRATION OF VOTERS. Registration required but ouce each year. Prerequisites to registration Registration books. Registration districts. Form of registration record. Sec. 5. Registration shall not be required more than once in each year. All persons, male or female, who are qualified electors under the provision of this act, shall be entitled to registration on application to the secretary of the board of education of the district in which they may reside: Provided^ Such elector shall have been a resident of the state for one year, of the county ninety days, and of the voting precinct thirty days prior to the next general or special school election to be held in such district. No person shall vote at any such election except in the precinct where he or she has resided for the length of time above specified. Sec. 6. There shall be provided by the board of education in each district, and kept by the secretary of such board, a separate book of registration for each school election precinct in the district. Each ward in any city within which the whole or any portion of a school district may be situate, shall be a voting precinct for all general or special school elections. The book of registration shall bear the name or number of the precinct to which it belongs. In case the whole or any portion of any such district shall lie without the limits of any incorporated city, the board of education of such district shall subdivide such outlying territory into voting precincts, so that each precinct shall contain as near as may be five hun- dred inhabitants, and after the boundaries of such precincts shall have been established, said territory shall not be re- districted oftener than once in three years, and not then un- less one or more of the precincts thereof shall have attained a population of more than five hundred inhabitants. In case the authorities of any city, within which the whole or any portion of any district may lie, shall cause the boundaries of the wards of such city to be changed after the opening of the books of registration for the school district, the voting pre- cincts of such district shall conform to the lines of the wards as established when said books were opened until the next set of books shall be opened, at which time said new books and the voting precincts of such district shall conform to the boundaries of the wards as then established. Sec. 7. The books of registration aforesaid shall be so arranged as to admit the alphabetical classification of the names of the voters, and ruled in parallel columns with appropriate heads, as follows: Date of registration, name, age, occupation, place of residence, place of birth, time of residence in the state, county and precinct, and if of foreign REGISTRATION OF VOTERS. 99 birth, name and place of court and date of declaration of in- tention to become a citizen of the United States, or date of naturalization, and with the column for signature and one for remarks, and one column for checking the name of voter at the time of voting. Under head of place of residence shall be noted the number of lot and block, or number and street where the applicant resides, or some other definite description sufficient to locate the residence, and the voter so registering as provided in this section shall sign his or her name on the registry opposite the entries above required, in the column headed "Signature," and in case any voter shall not be capable of writing his or her name he or she shall, on the left hand margin of said column, make his or her mark by cross or such other mark as is usual in indicating his or her signa- ture, and some person who is personally known to said voter, and is personally known to the registering officer, and who is capable of writing his or her name, shall sign in said column immediately opposite said mark as an identifying witness thereto. Sec. 8. No person shall be registered unless he or she Must register appears in person before the secretary of the board of edu- cation in the district in which such elector resides, during the hours the books are opened for registration, and answers truly the questions that may be put to him or her touching his or her qualifications to vote in such district, and shall also make and subscribe the following oath: State of Washington, County of , ss. I, , do solemnly swear (or affirm) that I am a legally Oath to be qualified school elector, under the laws of the State of Washington, taken - and that I have been an actual permanent resident of said state for eleven months and twenty days last past, and of the co for eight} 1 days, last past, and the precinct twenty days last past, and that I have not lost my civil rights by reason of being con- victed of any infamous crime. Subscribed and sworn to before me this day of Said affidavit shall be filed and preserved by the secretary of the board for at least two years. Sec. 9. The secretaries of the boards of education are secretaries hereby empowered to administer all necessary oaths in exam- fo admi* 1 "- 6 ining applicants for registration, or any witnesses that may 18eroa be offered on behalf of any applicant. The said secretary shall examine carefully any applicant whose right to register he may doubt, or who may be challenged, and if the appli- 100 REGISTRATION OF VOTERS. Penalty for false oath. Change of resi- dence of reg- istered voter. Challenge, and method of proced- ure under. Board to ap- point election officers. cant shall be entitled to vote at the next election he or she shall be registered, otherwise not. Sec. 10. If any person shall falsely swear or affirm in tak- ing the oath or making the affirmation herein prescribed, or shall falsely personate another and procure the person so per- sonated to be registered, or if any person shall represent his name to the secretary or officer of registration to be different from what it actually is, and cause such name to be regis- tered, or if any person shall cause any name to be placed upon the registry list otherwise than in the manner provided in this act, he or she shall be guilty of a felony, and upon conviction be punished by confinement in the penitentiary not more than five nor less than one year. Sec. 11.' If any elector shall, during the year for which he or she may be registered, change his or her place of resi- dence from the precinct in which he or she is registered, he or she shall apply to the secretary of the board to have said removal noted. The secretary shall run a red ink line across the name in the precinct book in which said applicant shall be registered, and likewise note said removal in the column headed "Remarks" in said book, and thereupon the said sec- retary shall enter the name and re-register the elector in the registration book of the ward to which he or she has re- moved. Sec.*12. Registration under the provisions of this act shall be prima facie evidence of the right of the elector to vote at any general or special school election held within the district during the year for which said elector is registered. If any person duly registered is challenged, it shall be the duty of the judges of election to examine the challenger and any wit- nesses that may be produced on oath, touching the right of such elector to vote; the judges shall then, unless they dis- miss said challenge, examine the proposed elector on oath, and if it appears that said elector is entitled to vote at said election, his or her vote shall be received, otherwise rejected. Any person swearing falsely before any judge of election, on the hearing of any such challenge, shall be deemed guilty of perjury, and shall be subjected to the pains and penalties of perjury. Sec. 13. The board of education in each district to which this act applies shall, at their last regular meeting before any general or special school election to be held in their district, appoint two judges of election and one clerk for each voting REGISTRATION OF VOTERS. 101 precinct within such district. Both the judges and the clerk shall be qualified school electors in the precinct for which they are appointed. Sec. 14. On the morning of any general or special school election the secretary of the board shall deliver to the clerk of each voting precinct within his district, the original book of registration of the precinct for which such clerk was ap- pointed. Each clerk of election shall return the book of reg- Registration record deliv- istration entrusted to him to the secretary of the board at the ered to clerk of election. time of the delivery of the ballots cast in the precinct at such election, and it shall be unlawful for any clerk or any judge of election, to cause or allow any marks or alterations to be made in said book while the same is in their possession, other than a proper check mark when a ballot is cast, to indicate the party voting. Sec. 15. The manner of voting at school elections shall be the same as is now provided by law. The board of education Board to pro- 1 * _ vide suitable in each district shall provide suitable polling places, at a polling places, school house in each ward or precinct, and if there is no school house in any ward or precinct, then at some other suitable place in said ward or precinct, to be designated by the board; but no ward or precinct shall have more than one polling place. The voting place in each ward or precinct shall be named and designated by the board in the notice calling such election. Sec. 16. Nothing in this act contained shall be construed as a repeal of an act entitled "An act to establish a system of common schools in cities of ten thousand or more inhabitants, and to provide for properly maintaining, governing and grad- ing the same," approved March 26, 1890, except in so far as this act shall be in conflict therewith, but this act shall be construed as amendatory and supplementary thereto. Passed the House February 9, 1897. Passed the Senate February 25, 1897. Approved by the Governor March 4, 1897. 109 VIVISECTION AND DISSECTION. RELATING TO VIVISECTION AND DISSECTION. [Chapter xvi, Session Laws of 1897.] An Act to prevent vivisection and regulate dissection in the schools of the State of Washington, except medical and dental schools, or medical department of any school, and providing a penalty therefor. Be it enacted by the Legislature of the State of Washington: Section 1. No teacher or other person employed in any school in the State of Washington, except medical or dental school, or medical or dental department of any school, shall practice vivisection upon any vertebrate animal in the presence of any pupil in said school, or any child or minor there pres- ent; nor in such presence shall exhibit any vertebrate animal upon which vivisection has been practiced. Sec. 2. Dissection of dead animals, or any portion thereof, in the schools of the State of Washington, in no instance shall be for the purpose of exhibition, but in every case shall be confined to the class room and the presence of those pupils engaged in the study to be illustrated by such dissection. Sec. 3. Any person violating the provisions of this act, shall be punished by a fine of not less than fifty nor more than one hundred dollars. Passed the House January 26, 189V. Passed the Senate February 11, 1897. Approved by the Governor February 17, 1897. CERTIFICATE. I hereby certify that the foregoing session laws of 1897 are true copies'of the enrolled bills now on tile in the office of the Secretary of State. Will D. Jenkins, Olympia, Wash., Secretary of State. April 1, 1897. APPENDIX. STATE CONSTITUTION— OFFICIAL OPINIONS AND RULINGS ON QUESTIONS OF SCHOOL LAW- FORMS FOR USE OF SCHOOL OFFICERS AND TEACHERS. CONSTITUTION, STATE OF WASHINGTON. PREAMBLE. WB, THE PEOPLE OP THE STATE OP 'WASHINGTON, GRATEFUL TO THE SUPREME RULER OP THE UNIVERSE FOR OUR LIBERTIES, DO ORDAIN THIS CONSTITUTION. ARTICLE I. — DECLARATION OF RIGHTS. Section 1. All political power is inherent in the people, Political and governments derive their just powers from the consent of the governed, and are established to protect and maintain in- dividual rights. Sec. 2. The Constitution of the United States is the su- Supreme law. preme law of the land. Sec. 3. No person shall be deprived of life, liberty or Right of trial, property without due process of law. Sec. 4. The right of petition, and of the people peaceably m ^ °J to assemble for the common good, shall never be abridged. Sec. 5. Every person may freely speak, write and publish F ^ a S nteed h on all subjects, being responsible for the abuse of that right. Sec. 6. The mode of administering an oath, or affirmation, °*^ e h r °, w ad " shall be such as may be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered. Sec. 1. No person shall be disturbed in his private affairs, Private affairs sacred. or his home invaded, without authority of law. Sec. 8. No law granting irrevocably any privilege, fran- chise or immunity shall be passed by the legislature. Sec. 9. No person shall be compelled in any criminal case immunity . . . . . j from self con- to give evidence against himself, or be twice put in jeopardy viction. for the same offense. Sec. 10. Justice in all cases shall be administered openly, and without unnecessary delay. Sec. 11. Absolute freedom of conscience in all matters of f^fy 118 religious sentiment, belief, and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion, but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent (105) 106 STATE CONSTITUTION. Special priv- ileges shall not be granted. Writ of habeas corpus. Excessive bail. Taking of pri- vate property. No imprison- ment for debt. Military sub- ordinate. with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any re- ligious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony. Sec. 12. No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privi- leges or immunities which upon the same terms shall not equally belong to all citizens or corporations. Sec. 13. The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion or invasion the public safety requires it. Sec. 14. Excessive bail shall not be required, excessive fines imposed, nor cruel punishment inflicted. Sec. 15. No conviction shall work corruption of blood, nor forfeiture of estate. Sec. 16. Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes or ditches on or across the lands of others for agricul- tural, domestic or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner, and no right-of-way shall be appropriated to the use of any corporation other than municipal, until full compensation therefor be first made in money, or ascertained and paid into the court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the man- ner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether' the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public. Sec. ll. There shall be no imprisonment for debt, except in cases of absconding debtors. Sec. 18. The military shall be in strict subordination to the civil power. Sec. 19. All elections shall be free and equal, and no power, STATE CONSTITUTION. 107 civil or military, shall at any time interfere to prevent the Elections • n iv must be free free exercise of the right of suffrage. and equal. Sec. 20. All persons charged with crime shall be bailable Bail, by sufficient sureties, except for capital offenses, when the proof is evident, or the presumption great. Sec. 21. The right of trial by jury shall remain inviolate, Bight of trial but the legislature may provide for a jury of any number less than twelve in courts not of record, and for a verdict of nine or more jurors in civil cases in any court of record, and for waiving of the jury in civil cases where the consent of the parties interested is given thereto. Sec. 22. In criminal prosecutions, the accused shall have Kight of de- 1 fense in court. the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused ^pp^ ' person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed. Sec. 23. No bill of attainder, ex post facto law, or law im- Ex post facto pairing the obligations of contracts shall ever be passed. Sec 24. The right of the individual citizen to bear arms in Kight to ° bear arms. defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing in- dividuals or corporations to organize, maintain or employ an armed body of men. Sec 25. Offenses heretofore required to be prosecuted by Prosecution by * ' information. indictment may be prosecuted by information or by indict- ment, as shall be prescribed by law. Sec 26. No grand jury shall be drawn or summoned in any Grand jury, county, except the superior judge thereof shall so order. Sec 27. Treason against the state shall consist only in levy- Treason, ing war against the state, or adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court. Sec 28. No hereditary emoluments, privileges or powers shall be granted or conferred in this state. Sec 29. The provisions of this constitution are mandatory constitution unless by express words they are declared to be otherwise. 10S STATE CONSTITUTION. Stan (ling army. Sec. 30. The enumeration in this constitution of certain rights shall not be construed to deny others retained by the people. Sec. 31. No standing army shall be kept up by this state in time of peace, and no soldiers shall in time of peace be quar- tered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law. Sec. 32. A frequent recurrence to fundamental principles is essential to the security of individual right and the perpe- tuity of free government. Legislature. Limited mem- bership. State census. First election of representa- tives. Tenure of office. Second and subsequent elections. ARTICLE II. LEGISLATIVE DEPARTMENT. Section 1. The legislative powers shall be vested in a senate and house of representatives, which shall be called the legis- lature of the State of Washington. Sec. 2. The house of representatives shall be composed of not less than sixty-three nor more than ninety-nine members. The number of senators shall not be more than one-half nor less than one-third of the number of members of the house of representatives. The first legislature shall be composed of seventy members of the house of representatives and thirty- five senators. Sec. 3. The legislature shall provide by law for an enumer- ation of the inhabitants of the state in the year one thousand eight hundred and ninety-five, and every ten years thereafter; and at the first session after such enumeration, and also after each enumeration made by the authority of the United States, the legislature shall apportion and district anew the members of the senate and house of representatives, according to the number of inhabitants, excluding Indians not taxed, soldiers, sailors and officers of the United States army and navy in active service. Sec. 4. Members of the house of representatives shall be elected in the year eighteen hundred and eighty-nine, at the time and in the manner provided by this constitution, and shall hold their offices for the term of one year and until their successors shall be elected. Sec. 5. The next election of the members of the house of representatives after the adoption of this constitution shall be on the first Tuesday after the first Monday of November, eighteen hundred and ninety, and thereafter, members of the house of representatives shall be elected biennially, and their term of office shall be two years; and each election shall be on STATE CONSTITUTION. 109 the first Tuesday after the first Monday in November, unless otherwise changed bylaw. Sec. 6. After the first election the senators shall be elected Election of state senators. by single districts of convenient and contiguous territory at the same time and in the same manner as members of the house of representatives are required to be elected, and no representative district shall be divided in the formation of a senatorial district. They shall be elected for the term of four years, one-half of their number retiring every two years. The senatorial districts shall be numbered consecutively, and the senators chosen at the first election had by virtue of this con- stitution, in odd numbered districts, shall go out of office at the end of the first year, and the senators elected in the even numbered districts shall go out of office at the end of the third year. Sec. 7. No person shall be eligible to the legislature who Eligibility, shall not be a citizen of the United States and a qualified voter in the district for which he is chosen. Sec. 8. Each house shall be the judge of the election, re- Election -i i • c c • t • returns. turns and qualifications or its own members, and a majority of each house shall constitute a quorum to do business, but a Quorum. smaller number may adjourn from day to day and may com pel the attendance of absent members in such manner and under such penalties as each house may provide. Sec. 9. Each house may determine the rules of its own Rules, proceedings, punish for contempt and disorderly behavior, and, with the concurrence of two-thirds of all the members elected, expel a member, but no member shall be expelled a second time for the same offense. Sec. 10. Each house shall elect its own officers, and when officers of the lieutenant governor shall not attend as president, or shall act as governor, the senate shall choose a temporary president. When presiding, the lieutenant governor shall have the de- ciding vote in case of an equal division of the senate. Sec 11. Each house shall keep a journal of its proceedings journal, and publish the same, except such parts as require secrecy. The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall ad- Adjournment, journ for more than three days, nor to any place other than that in which they may be sitting, without the consent of the other. Sec 12. The first legislature shall meet on the first Meetings of Wednesday after the first Monday in November, A. D. 1889. e egl8a uro ' 110 STATE CONSTITUTION. Limit of session. Ineligibility of members to certain offices. Who are ineli- gible to mem- bership in legislature. Vacancies. Immunity from arrest. Free speech. Stvle of laws. But one sub- ject in bill. Either house may amend. Yeas and nays. The second legislature shall meet on the first Wednesday after the first Monday in January, A. D. 1891, and sessions of the legislature will he held biennially thereafter, unless specially convened by the governor, but the times of meeting of subsequent sessions may be changed by the legislature. After the first legislature the sessions shall not be more than sixty days. Sec. 13. No member of the legislature, during the term for which he is elected, shall be appointed or elected to any civil office in the state, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected. Sec. 14. No person, being a member of congress, or hold- ing any civil or military office under the United States or any other power, shall be eligible to be a member of the legisla- ture; and if any person after his election as a member of the legislature shall be elected to congress or be appointed to any other office, civil or military, under the government of the United States, or any other power, his acceptance thereof shall vacate his seat: Provided, That officers in the militia of the state who receive no annual salary, local officers and post- masters, whose compensation does not exceed three hundred dollars per annum, shall not be ineligible. Sec. 15. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legisla- ture. Sec. 16. Members of the legislature shall be privileged from arrest in all cases except treason, felony and breach of the peace; they shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement of each session. Sec. IV. No member of the legislature shall be liable in any civil action or criminal prosecution whatever for words spoken in debate. Sec 18. The style of the laws of the state shall be: "Be it enacted by the legislature of the State of Washington." And no law shall be enacted except by bill. Sec. 19. No bill shall embrace more than one subject, and that shall be expressed in the title. Sec 20. Any bill may originate in either house of the leg- islature, and a bill passed by one house may be amended in the other. Sec 21. The yeas and nays of the members of either house STATE CONSTITUTION. Ill shall be entered on the journal on the demand of one sixth of the members present. Sec. 22. No bill shall become a law unless on its final pas- Yeas and nays « , in passage of sage the vote be taken by yeas and nays, the names of the bin. members voting for and against the same be entered on the journal of each house, and a majority of the members elected to each house be recorded thereon as voting in its favor. Sec. 23. Each member of the legislature shall receive for compensation . . of members. his services five dollars for each day's attendance during the session, and ten cents for every mile he shall travel in going to and returning from the place of meeting of the legislature, on the most usual route. Sec. 24. The legislature shall never authorize any lottery Lottery.— Di- or grant any divorce. Sec. 25. The legislature shall never grant any extra com- Extra com- pensation to any public officer, agent, servant or contractor forbidden, after the services shall have been rendered or the contract entered into, nor shall the compensation of any public officer be increased or diminished during his term of office. Sec. 26. The legislature shall direct by law in what man- suit against ner and in what courts suits may be brought against the state. Sec. 27. In all elections by the legislature the members shall vote viva voce, and their votes shall be entered on the journal. SPECIAL LEGISLATION. Sec. 28. The legislature is prohibited from enacting anv Private laws .,, . , ,„ . ° J forbidden in private or special law in the following cases: certain cases. 1. For changing the names of persons, or constituting one person the heir at law of another. 2. For laying out, opening or altering highways, except in cases of state roads extending into more than one county, and military roads to aid in the construction of which lands shall have been or may be granted by congress. 3. For authorizing persons to keep ferries wholly within this state. 4. For authorizing the sale or mortgage of real or personal prop- erty of minors, or others under disability. 5. For assessment or collection of taxes, or for extending the time for collection thereof. 6. For granting corporate powers or privileges. 7. For authorizing the apportionment of any part of the school fund. 8. For incorporating any town or village, or to amend the charter thereof. 9. [From] giving effect to invalid deeds, wills or other instru- ments. 112 STATE CONSTITUTION. Labor of convicts. Corrupt so- licitation. Members shall not vote in certain cases. Laws take effect when 10. Releasing or extinguishing, in whole or in part, the indebted- ness, liability or other obligation of any person or corporation to this state, or to any municipal corporation therein. 11. Declaring any person of age, or authorizing any minor to sell, lease or encumber his or her property. 12. Legalizing, except as against the state, the unauthorized or invalid act of any officer. 13. Regulating the rates of interest on money. 14. Remitting tines, penalties or forfeitures. 15. Providing for the management of common schools. 1G. Authorizing the adoption of children. 17. For limitation of civil or criminal action. 18. Chauging county lines, locating or changing county seats: Provided, This shall not be construed to apply to the creation of new counties. Sec. 29. After the first day of January, eighteen hundred and ninety, the labor of convicts of this state shall not be let out by contract to any person, copartnership, company or cor- poration, and the legislature shall by law provide for the working of convicts for the benefit of the state. Sec 30. The offense of corrupt solicitation of members of the legislature, or of public officers of the state or any munic- ipal division thereof, and any occupation or practice of solici- tation of such members or officers to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment. Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who may be charged with having committed the offense of bribery or corrupt solicitation, or practice of solicitation, and shall not be permitted to withhold his testimony on the ground that it may criminate himself or subject him to public infamy, but such testimony shall not afterwards be used against him in any judicial proceeding — except for perjury in giving such testimony — and any person convicted of either of the offenses aforesaid, shall, as part of the punishment therefor, be disqualified from ever holding any position of honor, trust or profit in this state. A member who has a private interest in any bill or measure proposed or pending before the legislature shall disclose the fact to the house of which he is a member, and shall not vote thereon. Sec. 31. No law, except appropriation bills, shall take effect until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency ( which emer- gency must be expressed in the preamble or in the body of the act) the legislature shall otherwise direct by a vote of two- STATE CONSTITUTION. 113 thirds of all the members elected to each house; said vote to be taken by yeas and nays and entered on the journals. Sec. 32. No bill shall become a law until the same shall Presiding omcers to have been signed by the presiding officer of each of the two si % n bin - houses in open session, and under such rules as the legislature shall prescribe. Sec. 33. The ownership of lands by aliens, other than those ownership who in good faith have declared their intention to become by aliens, citizens of the United States, is prohibited in this state, except where acquired by inheritance, under mortgage or in good faith in the ordinary course of justice in the collection of debts; and all conveyances of lands hereafter made to any alien directly, or in trust for such alien, shall be void: Pro- vided, That the provisions of this section shall not apply to lands containing valuable deposits of minerals, metals, iron, coal or fire clay, and the necessary land for mills and machin- ery to be used in the development thereof and the manufacture of the products therefrom. Every corporation, the majority of the capital stock of which is owned by aliens, shall be con- sidered an alien for the purposes of this prohibition. Sec. 34. There shall be established in the office of the sec- Bureau of . , _ , , . . statistics. retary of state, a bureau of statistics, agriculture and immi- gration, under such regulations as the legislature may pro- vide. Sec. 35. The legislature shall pass necessary laws for the Laws relating . ..... . . - . to mines and protection of persons working in mines, factories and other factories, employments dangerous to life and deleterious to health; and fix pains and penalties for the enforcement of same. Sec. 36. No bill shall be considered in either house unless introduction of bills limited. the time of its introduction shall have been at least ten days before the final adjournment of the legislature, unless the legislature shall otherwise direct by a vote of two-thirds of all the members elected to each house, said vote to be taken by yeas and nays and entered upon the journal, or unless the same be at a special session. Sec. 37. No act shall ever be revised or amended by mere Amending reference to its title, but the act revised or the section amended shall be set forth at full length. Sec. 38. No amendment to any bill shall be allowed which Amendment •> to bills. shall change the scope and object of the bill. Sec. 39. It shall not be lawful for any person holding public Passes f<. r «. • , • bidden. oflice in this state to accept or use a pass or to purchase trans- 114 STATE CONSTITUTION. portation from any railroad or other corporation, other than as the same may be purchased by the general public, and the legislature shall pass laws to enforce this provision. Executive de- partment con- sists of whom. Governor. Tenure of office. Other officers. Tenure of office. Election of executive offi- cers. — Returns. Certificate of election. Contested elections. Duties of governor. Message. ARTICLE III. THE EXECUTIVE. Section 1. The executive department shall consist of a governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruc- tion, and a commissioner of public lands, who shall be severally chosen by the qualified electors of the state at the same time and place of voting as for the members of the leg- islature. Sec. 2. The supreme executive power of this state shall be vested in a governor, who shall hold his office for a term of four years, and until his successor is elected and qualified. Sec. 3. The lieutenant governor, secretary of state, treas- urer, auditor, attorney general, superintendent of public in- struction and commissioner of public lands, shall hold their offices for four years, respectively, and until their successors are elected and qualified. Sec. 4. The returns of every election for the officers named in the first section of this article shall be sealed up and trans- mitted to the seat of government by the returning officers, directed to the secretary of state, who shall deliver the same to the speaker of the house of representatives at the first meeting of the house thereafter, who shall open, publish and declare the result thereof in the presence of a majority of the members of both houses. The person having the highest number of votes shall be declared duly elected, and a certifi- cate thereof shall be given to such person, signed by the pre- siding officers of both houses; but if any two or more shall be highest and equal in votes for the same office, one of them shall be chosen by the joint vote of both houses. Contested elections for such officers shall be decided by the legislature in such manner as shall be decided by law. The terms of all officers named in section one of this article shall commence on the second Monday in January after their election, until otherwise provided by law. Sec. 5. The governor may require information in writing from the officers of the state upon any subject relating to the duties of their respective offices, and shall see that the laws are faithfully executed. Sec. 6. He shall communicate at every session by message STATE CONSTITUTION. 115 to the legislature the condition of the affairs of the state, and recommend such measures as he shall deem expedient for their action. Sec. 7. He may, on extraordinary occasions, convene the May convene legislature by proclamation, in which shall be stated the pur- extra session, poses for which the legislature is convened. Sec. 8. He shall be commander-in-chief of the military in Commander- the state except when they shall be called into the service of the United States. Sec. 9. The pardoning power shall be vested in the gov- Pardoning -iii- -i • • i powers. ernor under such regulations and restrictions as may be pre- scribed by law. Sec. 10. In case of the removal, resignation, death or dis- Duties shall it- r n* iit i devolve on ability of the governor, the duties of the oihce shall devolve lieutenant gov- . . . ernor, when. upon the lieutenant governor, and in case or a vacancy in both the offices of governor and lieutenant governor, the duties of governor shall devolve upon the secretary of state, who shall act as governor until the disability be removed or a governor be elected. Sec. 11. The governor shall have power to remit fines and ^ay^emit forfeitures, under such regulations as may be prescribed by fine8 ' etc- law, and shall report to the legislature at its next meeting each case of reprieve, commutation, or pardon granted, and the reasons for granting the same, and also the names of all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted and the reasons for the remission. Sec. 12. Every act which shall have passed the legislature Duties of gov- . . , , ernor in regard shall be, before it becomes a law, presented to the governor, to enactment of* lf^.w^ ^^ If he approves, he shall sign it; but if not, he shall return it, vetoes." with his objections, to that house in which it shall have origi- nated, which house shall enter the objections at large upon the journal and proceed to reconsider. If, after such recon- sideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present, it shall become a law; but in all such cases the vote of both houses shall be determined by the yeas and nays and the names of the members voting for or against the bill shall be entered upon the journal of each house respectively. If any bill shall not be returned by the governor within five days, Sunday ex- cepted, after it shall be presented to him, it shall become a 110 STATE CONSTITUTION. May veto one or more items or sections. Fill vacancies by appoint- ment. Salary of governor. He shall issue all commis- sions. Duties of lieutenant governor. Salary. Duties of sec- retary of state, Salary. law without his signature, unless the general adjournment shall prevent its return, in which case it shall become a law unless the governor within ten days next after the adjourn- ment, Sundays excepted, shall file such bill, with his objec- tions thereto, in the office of secretary of state, who shall lay the same before the legislature at its next session in like man- ner as if it had been returned by the governor. If any bill presented to the governor contain several sections or items, he may object to one or more sections or items while approv- ing other portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the sec- tion or sections, item or items to which he objects, and the reasons therefor, and the section or sections, item or items so objected to shall not take effect unless passed over the gov- ernor's objection as hereinbefore provided. Sec. 13. When, during a recess of the legislature, a va- cancy shall happen in any office, the appointment to which is vested in the legislature, or when at any time a vacancy shall have occurred in any other state office, for the filling of which vacancy no provision is made elsewhere in this constitution, the governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified. Sec. 14. The governor shall receive an annual salary of four thousand dollars, which may be increased by law, but shall never exceed six thousand dollars per annum. Sec. 15. All commissions shall issue in the name of the state, shall be signed by the governor, sealed with the seal of the state, and attested by the secretary of state. Sec. 16. The lieutenant governor shall be presiding officer of the state senate, and shall discharge such other duties as may be prescribed by law. He shall receive an annual salary of one thousand dollars, which may be increased by the legislature, but shall never exceed three thousand dollars per annum. Sec. 17. The secretary of state shall keep a record of the official acts of the legislature and executive department of the state, and shall, when required, lay the same and all other matters relative thereto before either branch of the legisla- ture, and shall perform such other duties as shall be assigned him by law. He shall receive an annual salary of twenty-five hundred dollars, which may be increased by the legislature, but shall never exceed three thousand dollars per annum. STATE CONSTITUTION. 117 Sec. 18. There shall be a seal of the state kept by the sec- shaiikeep stiltc sell retary of state for official purposes, which shall be called "The Seal of the State of Washington." Sec. 19. The treasurer shall perform such duties as shall be Duties of state prescribed by law. He shall receive an annual salary of two Salary, thousand dollars, which may be increased by the legislature, but shall never exceed four thousand dollars per annum. Sec. 20. The auditor shall be auditor of public accounts, Duties of state t auditor. and shall have such powers and perform such duties in con- nection therewith as may be prescribed by law. He shall Sal »ry. receive an annual salary of two thousand dollars, which may be increased by the legislature, but shall never exceed three thousand dollars per annum. Sec 21. The attorney general shall be the legal advisor of Duties of attor- J ° D ney general. the state officers, and shall perform such other duties as may be prescribed by law. He shall receive an annual salary of Salar >- two thousand dollars, which may be increased by the legis- lature, but shall never exceed thirty-five hundred dollars per annum. Sec 22. The superintendent of public instruction shall have Duties of su- . . ,. . . i i- i i t perintendent supervision over all matters pertaining to public schools, and of public in- shall perform such specific duties as may be prescribed by law. He shall receive an annual salary of twenty-five hundred dol- Salary. lars, which may be increased by law, but shall never exceed four thousand dollars per annum. Sec 23. The commissioner of public lands shall perform Landcom- i j a ■ i • ii-i missioner. such duties and receive such compensation as the legislature may direct. Sec 24. The governor, secretary of state, treasurer, auditor, Certain offices l r i i • • • i> i i • to De ke P* at superintendent of public instruction, commissioner of public capital, lands and attorney general shall severally keep the public records, books and papers relating to their respective offices, at the seat of government, at which place also the governor, secretary of state, treasurer and auditor shall reside. Sec 25. No person, except a citizen of the United States Eligibility to and a qualified elector of this state, shall be eligible to hold any state office, and the state treasurer shall be ineligible for the term succeeding that for which he was elected. The com- pensation for state officers shall not be increased or diminished during the term for which they shall have been elected. The Certain offices ... ..,. ii-ii /v /.i may be abol- legislature may, in its discretion, abolish the offices of the ished. lieutenant governor, auditor, and commissioner of public lands. 118 STATE CONSTITUTION. Supreme court Inferior courts. Supreme court consists of whom. Supreme judges. — Election. Tenure of office. Chief justice. Vacancy, how filled. ARTICLE IV. THE JUDICIARY. Section 1. The judicial power of the state shall be vested in a supreme court, superior courts, justices of the peace, and such inferior courts as the legislature may provide. Sec. 2. The supreme court shall consist of five judges, a majority of whom shall be necessary to form a quorum and pronounce a decision. The said court shall always be open for the transaction of business except on non-judicial days. In the determination of causes, all decisions of the court shall be given in writing, and the grounds of the decision shall be stated. The legislature may increase the number of judges of the supreme court from time to time, and may provide for separate departments of said court. Sec 3. The judges of the supreme court shall be elected by the qualified electors of the state at large, at the general state election, at the times and places at which state officers are elected, unless some other time be provided by the legislature. The first election of judges of the supreme court shall be at the election which shall be held upon the adoption of this con- stitution, and the judges elected thereat shall be classified, by lot, so that two shall hold their office for the term of three years, two for a term of five years, and one for the term of seven years. The lot shall be drawn by the judges, who shall for that purpose assemble at the seat of government, and they shall cause the result thereof to be certified to the secretary of state, and filed in his office. The judge having the shortest term to serve, not holding his office by appointment or elec- tion to fill a vacancy, shall be the chief justice, and shall preside at all sessions of the supreme court, and in case there shall be two judges having in like manner the same short term, the other judges of the supreme court shall determine which of them shall be chief justice. In case of the absence of the chief justice, the judge having in like manner the shortest or next shortest te r m to serve shall preside. After the first election the terms of judges elected shall be six years from and after the second Monday in January next succeeding their election. If a vacancy occur in the office of a judge of the supreme court, the governor shall appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall take place at the next succeeding general elec- tion, and the judge so elected shall hold the office for the remainder of the unexpired term. The term of office of the judges of the supreme court, first elected, shall commence as STATE CONSTITUTION. 119 soon as the state shall have been admitted into the Union, and continue for the term herein provided, and until their succes- sors are elected and qualified. The sessions of the supreme court shall be held at the seat of government until otherwise provided by law. Sec. 4. The supreme court shall have original jurisdiction Jurisdiction of supreme court. in habeas corpus, and quo warranto and mandamus as to all state officers, and appellate jurisdiction in all actions and pro- ceedings, excepting that its appellate jurisdiction shall not extend to civil actions at law for the recovery of money or personal property when the original amount in controversy, or the value of the property, does not exceed the sum of two hundred dollars ( $200 ), unless the action involves the legality of a tax, impost, assessment, toll, municipal fine, or the validity of a statute. The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction. Each of the iudges shall have power to issue writs of habeas Powers of . . ,» judges. corpus to any part of the state upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or before the supreme court, or before any superior court of the state, or any judge thereof. Sec. 5. There shall be in each of the organized counties of ^^ or this state a superior court for which at least one judge shall be elected by the qualified electors of the county at the general state election: Provided, That until otherwise directed by the legislature one judge only shall be elected for the counties of Spokane and Stevens; one judge for the county of Whitman; one judge for the counties of Lincoln, Okanogan, Douglas and Adams; one judge for the counties of Walla Walla and Franklin; one judge for the counties of Columbia, Garfield and Asotin; one judge for the counties of Kittitas, Yakima and Klickitat; one judge for the counties of Clarke, Skamania, Pacific, Cowlitz and Wahkiakum; one judge for the counties of Thurston, Chehalis, Mason and Lewis; one judge for the county of Pierce; one judge for the county of King; one judge for the counties of Jefferson, Island, Kitsap, San Juan and Clallam; and one judge for the counties of Whatcom, Skagit and Snohomish. In any county where sessions , " , , of court. there shall be more than one superior judge, there may be as many sessions of the superior court at the same time as there are judges thereof, and whenever the governor shall direct a 120 STATE CONSTITUTION. TVnure of office of supe- rior judges. Jurisdiction of superior courts. superior judge to hold court in any county other than that for which he has been elected, there may be as many sessions of the superior court in said county at the same time as there are judges therein, or assigned to duty therein by the gov- ernor, and the business of the court shall be so distributed and assigned by law, or, in the absence of legislation therefor, by such rules and orders of court, as shall best promote and secure the convenient and expeditious transaction thereof. The judgments, decrees, orders and proceedings of any session of the superior court held by any one or more of the judges of such court shall be equally effectual as if all the judges of said court presided at such session. The first superior judges elected under this constitution shall hold their offices for the period of three years, and until their successors shall be elected and qualified, and thereafter the term of office of all superior judges in this state shall be for four years from the second Monday in January next succeeding their election, and until their successors are elected and qualified. The first election of judges of the superior court shall be at the election held for the adoption of this constitution. If a vacancy occurs in the office of judge of the superior court, the governor shall appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall be at the next succeeding general election, and the judge so elected shall hold office for the remainder of the unexpired term. Sec. 6. The superior court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the demand, or the value of the property in controversy amounts to one hundred dollars, and in all crimi- nal cases amounting to felony, and in all cases of misdemeanor not otherwise provided for by law; of actions of forcible entry and detainer; of proceedings in insolvency; of actions to pre- vent or abate a nuisance; of all matters of probate, of divorce, and for annulment of marriage; and for such special cases and proceedings as are not otherwise provided for. The superior court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court; and said court shall have the power of naturalization, and to issue papers therefor. They shall have such appellate jurisdiction STATE CONSTITUTION. 121 in cases arising in justice's and other inferior courts in their respective counties as may be prescribed by law. They shall be always open except on non-judicial days, and their process shall extend to all parts of the state. Said courts and their Powers of judges shall have power to issue writs of mandamus, quo courts, warranto, review, certiorari, prohibtion and writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective counties. Injunctions and writs of prohibition and of habeas corpus may be issued aud served on legal holidays and non-judicial days. Sec. 1. The judge of any superior court may hold a superior Judges may . . hold court in court in any countv at the request of the judge of the superior any county i /> i " i r i 1 1 D >' request. court thereof, and upon the request of the governor it shall be his duty to do so. A case in the superior court may be tried by a judge pro tempore, who must be a member of the bar, Pro tempore ... . . judges. agreed upon in writing by the parties litigant, or their attor- neys of record, approved by the court, and sworn to try the case. Sec. 8. Any judicial officer who shall absent himself from Leave of the state for more than sixty consecutive days shall be deemed of judges, to have forfeited his office: Provided, That in cases of extreme necessity the governor may extend the leave of absence such time as the necessity therefor shall exist. Sec. 9. Any judge of any court of record, the attorney gen- Kemovaiof j U - . dicial officer by eral, or any prosecuting attorney may be removed from office legislature. by joint resolution of the legislature, in which three-fourths of the members elected to each house shall concur, for incom- petency, corruption, malfeasance, or delinquency in office, or other sufficient cause stated in such resolution. But no re- Proceedings. moval shall be made unless the officer complained of shall have been served with a copy of the charges against him as the ground of removal, and shall have an opportunity of being heard in his defense. Such resolution shall be entered at length on the journal of both houses, and on the question of removal the ayes and nays shall also be entered on the journal. Sec. 10. The legislature shall determine the number of J . U8tice8 of ° the peace. justices of the peace to be elected in incorporated cities or towns and in precincts, and shall prescribe by law the powers, duties and jurisdiction of justices of the peace: Provided, That such jurisdiction granted by the legislature shall not trench upon the jurisdiction of superior or other courts of record, except that justices of the peace may be made police justices of incorporated cities and towns. In incorporated 122 STATE CONSTITUTION. Courts of record. Inferior courts, jurisdiction of. Compensation of judicial officers. Salary of su- perior judge, how paid. Salaries of judges, amount per annum. Judges ineli- gible to any other office. Charge to jury Eligibility to judgeship. cities or towns having more than five thousand inhabitants the justices of the peace shall receive such salary as may be provided by law, and shall receive no fees for their own use. Sec. 11. The supreme court and the superior courts shall be courts of record, and the legislature shall have power to pro- vide that any of the courts of this state, excepting justices of the peace, shall be courts of record. Sec. 12. The legislature shall prescribe by law the jurisdic- tion and powers of any of the inferior courts which may be established in pursuance of this constitution. Sec. 13. No judicial officer, except court commissioners and unsalaried justices of the peace, shall receive to his own use any fees or perquisites of office. The judges of the supreme court and judges of the superior courts shall severally, at stated times, during their continuance in office, receive for their services the salaries prescribed by law therefor, which shall not be increased after their election, nor during the term for which they shall have been elected. The salaries of the judges of the supreme court shall be paid by the state. One- half of the salary of each of the superior court judges shall be paid by the state, and the other one-half by the county or counties for which he is elected. In cases where a judge is provided for more than one county, that portion of his salary which is to be paid by the counties shall be apportioned be- tween or among them according to the assessed value of their taxable property, to be determined by the assessment next preceding the time for which such salary is to be paid. Sec. 14. Each of the judges of the supreme court shall re- ceive an annual salary of four thousand dollars ($4,000); each of the superior court judges shall receive an annual salary of three thousand dollars ($3,000), which said salaries shall be payable quarterly. The legislature may increase the salaries of the judges herein provided. Sec. 15. The judges of the supreme court and the judges of the superior court shall be ineligible to any other office or public employment than a judicial office or employment during the term for which they shall have been elected. Sec. 16. Judges shall not charge juries with respect to mat- ters of fact, nor comment thereon, but shall declare the law. Sec. 1*7. No person shall be eligible to the office of judge of the supreme court or judge of a superior court unless he shall have been admitted to practice in the courts of record of this state or of the Territory of Washington. STATE CONSTITUTION. 123 Sec. 18. The judges of the supreme court shall appoint a Reporter for . . ~ , iiii supreme court. reporter for the decisions of that court, who shall be remova- ble at their pleasure. He shall receive such annual salary as shall be prescribed by law. Sec. 19. No judge of a court of record shall practice law Judges shall , . /»• »°t practice in any court of this state during his continuance in office. law. Sec. 20. Every cause submitted to a judge of a superior Decision of ,.,,,... • i • • cases by su- court for his decision shall be decided by him within ninety perior judge, . . limit of time. days from the submission thereof: Provided, 1 hat it, within said period of ninety days a rehearing shall have been ordered, then the period within which he is to decide shall commence at the time the cause is submitted upon such a rehearing. Sec 21. The legislature shall provide for the speedy pub- Publication of ° . . opinions of lications of opinions of the supreme court, and all opinions supreme court, shall be free for publication by any person. Sec 22. The judges of the supreme court shall appoint a cierkof su- J ° . preme court. clerk of that court, who shall be removable at their pleasure, but the legislature may provide for the election of the clerk of the supreme court and prescribe the term of his office. The clerk of the supreme court shall receive such compensa- Salary of. tion, by salary only, as shall be provided by law. Sec 23. There mav be appointed in each county, by the Court com- J 1 1 m . missioners, judge of the superior court having jurisdiction therein, onepowersof. or more court commissioners, not exceeding three in number, who shall have authority to perform like duties as a judge of the superior court at chambers, subject to revision by such judge, to take depositions and to perform such other business connected with the administration of justice as may be pre- scribed by law. Sec 24. The judges of the superior courts shall from time Rules of J ° * courts. to time, establish uniform rules for the government of the superior courts. Sec 25. Superior judges shall, on or before the first day Superior jo . judges to re- of November in each year, report in writing to the judges of port to su- ... preme judges. the supreme court such defects and omissions in the laws as their experience may suggest, and the judges of the supreme court shall, on or before the first day of January in each year, report in writing to the governor such defects and omissions in the laws as they may believe to exist. Sec. 26. The county clerk shall be, by virtue of his office, cierk of supe- J nor court. clerk of the superior court. Sec 27. The style of all process shall be, "The State of ^^ 124 STATE CONSTITUTION. Oaths of office of judges. Washington," and all prosecutions shall be conducted in its name and by its authority. Sec. 28. Every judge of the supreme court and every judge of a superior court shall, before entering upon the duties of his office, take and subscribe an oath that he will support the constitution of the United States and the constitution of the State of Washington, and will faithfully and impartially discharge the duties of judge to the best of his ability, which oath shall be filed in the office of the secretary of state. Proceedings in impeachment cases. Impeachment for what offenses. Removal from office. ARTICLE V.— IMPEACHMENT. Section 1. The house of representatives shall have the sole power of impeachment. The concurrence of a majority of all the members shall be necessary to an impeachment. All impeachments shall be tried by the senate, and when sitting for that purpose the senators shall be upon oath or affirma- tion to do justice according to law and evidence. When the governor or lieutenant governor is on trial, the chief justice of the supreme court shall preside. No person shall be con- victed without a concurrence of two-thirds of the senators elected. Sec. 2. The governor and other state and judicial officers, except judges and justices of courts not of record, shall be liable to impeachment for high crimes or misdemeanors, or malfeasance in office, but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit, in the state. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law. Sec. 3. All officers not liable to impeachment shall be sub- ject to removal for misconduct or malfeasance in office, in such manner as may be provided by law. Qualifications of electors. ARTICLE VI.— ELECTIONS AND ELECTIVE RIGHTS. Section 1. All male persons of the age of twenty-one years or over, possessing the following qualifications, shall be en- titled to vote at all elections: They shall be citizens of the United States; they shall have lived in the state one year, and in the county ninety days, and in the city, town, ward or precinct thirty days immediately preceding the election at which they offer to vote: Provided, That Indians not taxed shall never be allowed the elective franchise: Provided further, STATE CONSTITUTION. 125 That all male persons who at the time of the adoption of this constitution are qualified electors of the territory shall be electors. Sec. 2. The legislature may provide that there shall be no in school elections. denial of the elective franchise at any school election on ac- count of sex. Sec. 3. All idiots, insane persons, and persons convicted of ^i"^ infamous crime, unless restored to their civil rights, are ex- electors - eluded from the elective franchise. Sec. 4. For the purpose of voting and eligibility to office no Residence not . gained or lost person shall be deemed to have gained a residence by reason by military service etc. of his presence, or lost it by reason of his absence, while in the civil or military service of the state or of the United States, nor while a student at any institution of learning, nor while kept at public expense at any poor house or other asylum, nor while confined in public prison, nor while engaged in the nav- igation of the waters of this state or of the United States, or of the high seas. Sec. 5. Voters shall in all cases except treason, felony immunity . from arrest on and breach of the peace, be privileged from arrest during their election days, attendance at elections and in going to and returning there- from. No elector shall be required to do military duty on the day of any election except in time of war or public danger. Sec. 6. All elections shall be by ballot. The legislature Elections . ,, . -i n i ■,-,*• -ii D y ballot. shall provide for such method of voting as will secure to every elector absolute secrecy in preparing and depositing his ballot. Sec. 1. The legislature shall enact a registration law, and ^'fa^s. shall require a compliance with such law before any elector shall be allowed to vote: Provided, That this provision is not compulsory upon the legislature, except as to cities and towns having a population of over five hundred inhabitants. In all other cases the legislature may or may not require registration as a pre-requisite to the right to vote, and the same system of registration need not be adopted for both classes. Sec. 8. The first election of county and district officers, not First election " of officers; otherwise provided for in this constitution, shall be on the subsequent r elections. Tuesday next after the first Monday in November, 1890, and thereafter all elections for such officers shall be held biennially on the Tuesday next succeeding the first Monday in November. The first election of all state officers not otherwise provided for in this constitution, after the election held for the adoption of this constitution, shall be on the Tuesday next after the first Monday in November, 1892, and the elections for such state 126 STATE CONSTITUTION. officers shall be every fourth year thereafter on the Tuesday succeeding the first Monday in November. ARTICLE VII. REVENUE AND TAXATION. All property taxed accord- ing to value; annual levies. Uniform and equal rates of taxation. Exemptions. Assessment of corporation property. Same. No tax except in pursuance of law. All taxes paid in money. Statement of receipts and expenditures. Section 1. All property in the state, not exempt under the laws of the United States, or under this constitution, shall be taxed in proportion to its value, to be ascertained as provided by law. The legislature shall provide by law for an annual tax sufficient, with other sources of revenue, to defray the esti- mated ordinary expenses of the state for each fiscal year. And for the purpose of paying the state debt, if there be any, the legislature shall provide for levying a tax annually, sufficient to pay the annual interest and principal of such debt within twenty years from the final passage of the law creating the debt. Sec. 2. The legislature shall provide by law a uniform and equal rate of assessment and taxation on all property in the state, according to its value in money, and shall prescribe such regulations by general law as shall secure a just valuation for taxation of all property, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property: Provided, That a deduction of debts from credits may be authorized: Provided further, That the property of the United States, and of the state, counties, school districts and other municipal corporations, and such other property as the legislature may by general laws provide, shall be exempt from taxation. Sec. 3. The legislature shall provide by general law for the assessing and levying of taxes on all corporation property as near as may be by the same methods as are provided for the assessing and levying of taxes on individual property. Sec. 4. The power to tax corporations and corporate prop- erty shall not be surrendered or suspended by any contract or grant to which the state shall be a party. Sec. 5. No tax shall be levied except in pursuance of law; and every law imposing a tax shall state distinctly the object of the same, to which only it shall be applied. Sec. 6. All taxes levied and collected for state purposes shall be paid in money only into the state treasury. Sec. 7. An accurate statement of the receipts and expendi- tures of the public moneys shall be published annually, in such manner as the legislature may provide. Sec. 8. Whenever the expenses of any fiscal year shall ex- STATE CONSTITUTION. 127 ceed the income, the legislature may provide for levying a tax Deficiencies /v • -ii . . in revenue for the ensuing fiscal year, sufficient, with other sources of in- provided for. come, to pay the deficiency, as well as the estimated expenses of the ensuing fiscal year. Sec. 9. The legislature may vest the corporate authorities Rights of cities , ill- and towns to of cities, towns and villages with the power to make local lm- levy special provements by special assessment, or by special taxation of property benefited. For all corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes, and such taxes shall be uniform in respect to persons and property within the jurisdiction of the body levying the same. ARTICLE VIII. STATE, COUNTY AND MUNICIPAL INDEBTEDNESS. Section 1. The state may, to meet casual deficits or failures state indebted- ■' _ ness limited. in revenues, or for expenses not provided for, contract debts, but such debts, direct and contingent, singly or in the aggre- gate, shall not at any time exceed four hundred thousand dol- lars ($400,000), and the moneys arising from the loans creating such debts shall be applied to the purpose for which they were obtained, or to repay the debts so contracted, and to no other purpose whatever. Sec 2. In addition to the above limited power to contract Exceptions to x limitation. debts, the state may contract debts to repel invasion, suppress insurrection, or to defend the state in war, but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised, and to no other purpose whatever. Sec. 3. Except the debts specified in sections one and two special pro- of this article, no debt shall hereafter be contracted by, or on curringin- dcbtcdncss behalf of this state, unless such debt shall be authorized by law for some single work or object to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within twenty years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election, have been submitted to the people and have received a majority of all the votes cast for and against it at such election, and all moneys raised by authority of such law shall be applied only to the specific object therein stated, or to the payment of the debt thereby created, and such law shall be published in at least one newspaper in each county, if one be published therein, throughout the state, for three months 128 STATE CONSTITUTION. next preceding the election at which it is submitted to the people. auonl. 1 "' ^ EC * 4 ' ^° mone y s shall ever be paid out of the treasury of this state, or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within two years from the first day of May next after the passage of such appropriation act, and every such law making a new appropriation, or con- tinuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be ap- plied, and it shall not be sufficient for such law to refer to any other law to fix such sum. Xaf/not be ate Sec - 5 - The credit of the state shall not, in any manner, be aid d o g f e cor n given or loaned to, or in aid of, any individual, association, portions. company or corporation. Limit of in- Sec. 6. No county^ city, town, school district or other mu- debtedness of ... . . ... . . , counties, cities nicipal corporation shall tor any purpose become indebted in districts. any manner to an amount exceeding one and one-half per centum of the taxable property in such county, city, town, school district or other municipal corporation, without the assent of three-fifths of the voters therein voting at an elec- tion to be held for that purpose, nor in cases requiring such assent shall the total indebtedness at any time exceed five per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county pur- poses previous to the incurring of such indebtedness, except that in incorporated cities the assessment shall be taken from the last assessment for city purposes: Provided, That no part of the indebtedness allowed in this section shall be incurred for any purpose other than strictly county, city, town, school district or other municipal purposes: Provided further, That any city or town with such assent may be allowed to become indebted to a larger amount, but not exceeding five per centum additional, for supplying such city or town with water, arti- ficial light and sewers when the works for supplying such water, light and sewers shall be owned and controlled by the municipality. Counties and Sec. 7. No county, city, town or other municipal COrpora- tnunicipalities . . . shall not aid tion shall hereafter give any money or property, or loan its corporations, ° . .",-.,..,, . . etc. money or credit, to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm, or become directly or indirectly the STATE CONSTITUTION. 129 owner of any stock in or bonds of any association, company or corporation. ARTICLE IX. — EDUCATION. Section 1. It is the paramount duty of the state to make Education ample provision for the education of all children residing within its borders, without distinction or preference on ac- count of race, color, caste or sex. Sec. 2. The legislature shall provide for a general and uni- Uniform sys- form system of public schools. The public school system schools; in- shall include common schools, and such high schools, normal support of. schools, and technical schools as may hereafter be established. But the entire revenue derived from the common school fund, and the state tax for common schools, shall be exclusively applied to the support of the common schools. Sec. 3. The principal of the common school fund shall Common *■ * m school fund ; remain permanent and irreducible. The said fund shall be derived from 1 m what sources. derived from the following named sources, to wit: Appropri- ations and donations by the state to this fund; donations and bequests by individuals to the state or public for common schools; the proceeds of lands and other property which re- vert to the state by escheat and forfeiture; the proceeds of all property granted to the state, when the purpose of the grant is not specified, or is uncertain; funds accumulated in the treasury of the state for the disbursement of which provision has not been made by law; the proceeds of the sale of timber, stone, minerals and other property from school and state lands, other than those granted for specific purposes; all moneys re- ceived from persons appropriating timber, stone, minerals or other property from school and state lands other than those granted for specific purposes, and all moneys other than rental recovered from persons trespassing on said lands; five per centum of the proceeds of the sale of public lands lying within the state, which shall be sold by the United States subsequent to the admission of the state into the Union as approved by section 13 of the act of congress enabling the admission of the state into the Union; the principal of all funds, arising from the sale of lands and other property which have been, and hereafter may be, granted to the state for the support of common schools. The legislature may make fur- Legislature . . , , . • i r j mi • may provide ther provisions for enlarging said lund. Ine interest accru- for increase, ing on said fund, together with all rentals and other revenues derived therefrom, and from lands and other property de- —9 130 STATE CONSTITUTION. voted to the common school fund, shall be exclusively applied to the current use of the common schools. Schools con- g EC- 4_ All schools maintained or supported wholly or in sectarian. rr J part by the public funds shall be forever free from sectarian control or influence. Losses to per- g EC> 5 All losses to the permanent common school or any manent school 1 •> fund become other state educational fund, which shall be occasioned by a debt on state. J defalcation, mismanagement or fraud of the agents or officers controlling or managing the same, shall be audited by the proper authorities of the state. The amount so audited shall be a permanent funded debt against the state in favor of the particular fund sustaining such loss, upon which not less than 6 per cent, annual interest shall be paid. The amount of liability so created shall not be counted as a part of the indebtedness authorized and limited elsewhere in this consti- tution. ARTICLE X. — MILITIA. Military duty, Skction 1. All able-bodied male citizens of this state, be- who are lia- ble to. tween the ages of eighteen (18) and forty-five (45) years, except such as are exempt by laws of the United States or by the laws of this state, shall be liable to military duty. organization Sec. 2. The legislature shall provide by law for organizing and disciplining the militia in such manner as it may deem expedient, not incompatible with the constitution and laws of the United States. Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct, and shall be commissioned by the gov- ernor. The governor shall have power to call forth the militia to execute the laws of the state to suppress insurrections and repel invasions. soldiers' home. Sec. 3. The legislature shall provide by law for the main- tenance of a soldiers' home for honorably discharged Union soldiers, sailors, marines and members of the state militia disabled while in the line of duty, and who are bona fide cit- izens of the state. Arms. Sec. 4. The legislature shall provide by law for the pro- tection and safe keeping of the public arms. • immunity Sec 5. The militia shall, in all cases, except treason, felony from arrest. ... n -. . and breach of the peace, be privileged from arrest during the attendance at musters and elections of officers, and in going to and returning from the same. Exemption Sec 6. No person or persons, having conscientious scruples duty."" ' tary against bearing arms, shall be compelled to do militia duty STATE CONSTITUTION. 131 in time of peace: Provided, Such person or persons shall pay an equivalent for such exemption. ARTICLE XI. COUNTY, CITY AND TOWNSHIP ORGANIZATION. Section 1. The several counties of the Territory of Wash- county organ- . . . ization recog- ington existing at the time of the adoption of this constitution nized. are hereby recognized as legal subdivisions of this state. Sec. 2. No county seat shall be removed unless three-fifths Removal of i • r> i i <• • • c° UIlt y seats. of the qualified electors of the county, voting on the proposi- tion at a general election, shall vote in favor of such removal, and three-fifths of all votes cast on the proposition shall be re- quired to relocate a county seat. A proposition of removal shall not be submitted in the same county more than once in four years. Sec. 3. No new county shall be established which shall re- organiza- • r -i tionofnew duce any county to a population of less than four thousand counties. (4,000), nor shall a new county be formed containing a less population than two thousand (2,000). There shall be no territory stricken from any county unless a majority of the voters living in such territory shall petition therefor, and then only under such other conditions as may be prescribed by a general law applicable to the whole state. Every county change of o rr « J boundaries. which shall be enlarged or created from territory taken from any other county or counties shall be liable for a just propor- tion of the existing debts and liabilities of the county or counties from which such territory shall be taken: Provided, That in such accounting neither county shall be charged with any debt or liability then existing, incurred in the purchase of any county property or in the purchase or construction of any county buildings then in use or under construction, which shall fall within and be retained by the county: Provided fur- ther, That this shall not be construed to affect the rights of creditors. Sec. 4. The legislature shall establish a system of county system of county gov- government which shall be uniform throughout the state, and eminent, by general laws shall provide for township organization, under which any county may organize whenever a majority of the qualified electors of such county voting at a general elec- tion shall so determine, and whenever a county shall adopt township organization, the assessment and collection of the ravenue shall be made, and the business of such county, and the local affairs of the several townships therein, shall be managed and transacted in the manner prescribed by such general law. 132 STATE CONSTITUTION. County offi- cers, compen- sation of. Vacancies. Ineligibility for more than two terms. Salaries. All counties liable for state taxes. Municipal cor- porations, not created by special acts. Sec. 5. The legislature, by general and uniform laws, shall provide for the election in the several counties of boards of county commissioners, sheriffs, county clerks, treasurers, pros- ecuting attorneys, and other county, township or precinct and district officers, as public convenience may require, and shall prescribe their duties and fix their terms of office. It shall regulate the compensation of all such officers, in proportion to their duties, and for that purpose may classify the counties by population. And it shall provide for the strict accountability of such officers for all fees which may be collected by them, and for all public moneys which may be paid to them, or officially come into their possession. Sec. 6. The board of county commissioners in each county shall fill all vacancies occurring in any county, township, pre- cinct or road district office of such county by appointment, and officers thus appointed shall hold office till the next general election, and until their successors are elected and qualified. Sec. 7. No county officer shall be eligible to hold his office more than two terms in succession. Sec. 8. The legislature shall fix the compensation by sala- ries of all county officers, and of constables in cities having a population of 5,000 and upward; except that public adminis- trators, surveyors and coroners may or may not be salaried officers. The salary of any county, city, town or municipal officer shall not be increased or diminished after his election, or during his term of office; nor shall the term of any such officer be extended beyond the period for which he is elected or appointed. Sec. 9. No county, nor the inhabitants thereof, nor the property therein, shall be released or discharged from its or their proportionate share of taxes to be levied for state pur- poses, nor shall commutation for such taxes be authorized in any form whatever. Sec. 10. Corporations for municipal purposes shall not be created by special laws; but the legislature, by general laws, shall provide for the incorporation, organization and classifi- cation, in proportion to population, of cities and towns, which laws may be altered, amended or repealed. Cities and towns heretofore organized or incorporated may become organized un- der such general laws whenever a majority of the electors vot- ing at a general election shall so determine, and shall organize in conformity therewith; and cities or towns heretofore or here- after organized, and all charters thereof framed or adopted by STATE CONSTITUTION. 133 authority of this constitution, shall be subject to and con- trolled by general laws. Any city containing a population of garters for J ° J J o I f cities of 20,000 twenty thousand inhabitants, or more, shall be permitted to or more. frame a charter for its own government, consistent with and subject to the constitution and laws of this state, and for such purpose the legislative authority of such city may cause an election to be had, at which election there shall be chosen by the qualified electors of said city, fifteen freeholders thereof, who shall have been residents of said city for a period of at least two years preceding their election, and qualified electors, whose duty it shall be to convene within ten days after their election and prepare and pi - opose a charter for such city. Such proposed charter shall be submitted to the qualified electors Adoption of of said city, and if a majority of such quali6ed electors voting thereon ratify the same, it shall become the charter of said city, and shall become the organic law thereof, and supersede any existing charter, including amendments thereto, and all special laws inconsistent with such charter. Said proposed charter shall be published in two daily newspapers published in said city, for at least thirty days prior to the day of submit- ting the same to the electors for their approval, as above provided. All elections in this section authorized shall only be had upon notice, which notice shall specify the object of calling such election, and shall be given for at least ten days before the day of election, in all election districts of said city. Said elections may be general or special elections, and except as herein provided shall be governed by the law regulating and controlling general or special elections in said city. Such charter may be amended by proposals therefor submitted by Amendment , , • , • , n , • , , , of charter. the legislative authority of such city to the electors thereof at any general election after notice of said submission published as above specified, and ratified by a majority of the qualified electors voting thereon. In submitting any such charter, or amendment thereto, any alternate article or proposition may be presented for the choice of the voters, and may be voted on separately without prejudice to others. Sec. 11. Any county, city, town or township may make Privileges and enforce within its limits all such local police, sanitary and ° other regulations as are not in conflict with general laws. Skc. 12. The legislature shall have no power to impose Local taxation ... ,, ... governed bv taxes upon counties, cities, towns or other municipal corpora- general laws, tions, or upon the inhabitants or property thereof, for county, city, town, or other municipal purposes, but may by general 134 STATE CONSTITUTION. laws vest in the corporate authorities thereof the power to assess and collect taxes for such purposes. Sec. 13. Private property shall not be taken or sold for the payment of the corporate debt of any public or municipal cor- poration, except in the mode provided by law for the levy and collection of taxes. Unlawful use g EC- 14 The making of profit out of county, city, town or moneys other public money, or using the same for any purpose not authorized by law, by any officer having the possession or control thereof, shall be a felony, and shall be prosecuted and punished as prescribed by law. Ail public g EC> j5 # aji moneys, assessments and taxes belonging to money to be J ' 00 deposited with or collected for the use of any county, city, town or other treasurer. •> J ' •> ' public or municipal corporation, coming into the hands of any officer thereof, shall immediately be deposited with the treasurer, or other legal depositary, to the credit of such city, town, or other corporation respectively, for the benefit of the funds to which they belong. ARTICLE XII. CORPORATIONS OTHER THAN MUNICIPAL. Not created by Section 1. Corporations may be formed under general laws, but shall not be created by special acts. All laws relating to corporations may be altered, amended or repealed by the leg- islature at any time, and all corporations doing business in this state may, as to such business, be regulated, limited or restrained by law. Sec 2. All existing charters, franchises, special or exclu- sive privileges, under which an actual and bona fide organi- zation shall not have taken place, and business been commenced in good faith, at the time of the adoption of this constitution, shall thereafter have no validity. Legislature Sec 3. The legislature shall not extend any franchise or 9hall not ex- . . tend franchise charter, nor remit the forfeiture of any franchise or charter or remit for- . . t • -\ i 11 -\ e feiture. of any corporation now existing, or which shall hereafter exist under the laws of this state. Liability of Sec 4. Each stockholder in all incorporated companies, ex- stockholders. . . cept corporations organized for banking or insurance purposes, shall be liable for the debts of the corporation to the amount of his unpaid stock, and no more, and one or more stockholders may be joined as parties defendant in suits to recover upon this liability. Corporation, Sec 5. The term corporations, as used in this article, shall construed to •■>-,■<■, •• • • 1 include what, be construed to include all associations and joint stock com- STATE CONSTITUTION. 135 parries having any powers or privileges of corporations not possessed by individuals or partnerships, and all corporations shall have the right to sue and shall be subject to be sued, in all courts, in like cases as natural persons. Sec. 6. Corporations shall not issue stock, except to bona Corporation . i 11 stock, fictitious fide subscribers therefor, or their assignees; nor shall any issue void, corporation issue any bond, or other obligation, for the pay- ment of money, except for money or property received or labor done. The stock of corporations shall not be increased, except in pursuance of a general law, nor shall any law au- thorize the increase of stock, without the consent of the per- son or persons holding the larger amount in value of the stock, nor without due notice of the proposed increase having been previously given in such manner as may be prescribed by law. All fictitious increase of stock or indebtedness shall be void. Sec. 7. No corporation organized outside the limits of this state shall be allowed to transact business within the state on more favorable conditions than are prescribed by law to sim- ilar corporations organized under the laws of this state. Sec 8. No corporation shall lease or alienate any franchise, Leasing or 1 alienation of so as to relieve the franchise, or property held thereunder, franchises. from the liabilities of the lessor, or grantor, lesee, or grantee, contracted or incurred in the operation, use, or enjoyment of such franchise or any of its privileges. Sec. 9. The state shall not in any manner loan its credit, state shall not J . loan its credit nor shall it subscribe to, or be interested in, the stock of any t° irectors take office on the first Monday in July : clerks on the first Monday in August. Form No. 28. Certificate of Election and Oath of Office. To Superintendent op Common Schools op County, Washington: I hereby certify that at the annual election of School District No. , county, State of Washington, held on the day of June, 189—, M was duly elected to the office of of said district for a term of years, beginning on the first Monday in * next suc- ceeding said election. I further certify that h — postoffice address is , State of Washington. (Signed) , Clerk of Annual School Election. OATH OF OFFICE. State of Washington. County of , ss. I, , do hereby solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the State of Washington ; that I will endeavor to pro- mote the interests of education, and will faithfully discharge the duties of of School District No. , in the county of , in said state. So help me God. (Signed) , Subscribed and sworn to before me this day of , 189 — . [ Here state official character of officer who administers oath.] Remarks. — This notice should be given to the person elected, who must qualify on or before the day designated for him to take office, and send the oath and certificate above to the county superintendent. He must also file with the county treasurer his signature, certified to by some school officer. The treasurer cannot pay or register any warrants signed by any school officers whose signatures, so certified, are not filed in his office. The county superintendent should not recognize any one as director or clerk whose oath is not on file in his office. ♦Directors take office on the first Monday in July, and clerks on the first Monday in August. Form No. 29. School District Election Poll Book. Poll book of an election held in School District No. , of county, State of Washing- ton, on the day of , 18—, and being chosen judges of said eleo- FORMS. 169 tion, and clerk, all being duly sworn as required bylaw, before entering upon the duties of their respective offices. Number and names of electors voting. Tally list. Tally list. We hereby certify that the whole number of electors voting at this election amounts to ; that the whole number of ballots cast at this election amounts to ; that received votes for director; that received votes for clerk, etc., etc. Attest: , ( Judges. Clerk of Election. Remarks. — Election boards will vary the tally list and certificate to suit the nature of the election. If it be for the election of officers at an annual election, the name of each person voted for must be entered on the tally list, and a tally of the votes cast for him must be placed opposite his name. If the election be for voting a special tax or for voting bonds, the number of votes for and against the proposition must be entered on the tally list. The certificate must simply con- tain a summary of the vote as shown by the tally list. Election boards are chosen by the electors. The school district officers, or any part of them, may be chosen as an election board. The poll book and all other papers should be delivered to the county superintendent. Oath of Judges of Election. State of Washington, County of , ss. We, and , do solemnly swear that we will, as judges of an election to be held in and for School District No. , of county, State of Washington, on this day of , 18 — , duly attend said election during its continuance; that we will not receive any vote or ballot from any person other than such as we firmly believe to be duly qualified voters at said election, according to law ; that we will make a true and perfect return of said election, and will in all things faithfully and impartially discharge our duties as judges of said election to the best of our judgment and ability; and that we are not directly or indirectly interested in any bet or wager on the result of said election. So help us God. ■ } Subscribed and sworn to this day of , 18 — . Judges. [Here state official character of officer administering oath.] Oath of Clerk of Election. State of Washington, County of - I, , do solemnly swear tbat I will, as clerk of an election to be held in and for School District No. , county of , State of Washington, on this day of ,18 — , duly attend said election during its continuance; that I will record on the poll book of said election the name of each person voting thereat, and faithfully and impartially discharge the duties of clerk of said election; and that I am not directly or indirectly interested in any bet or wager on the result of said election. So help me God. Clerk of Election. Subscribed and sworn to before me this day of , 18 — . [Here state official character of officer administering the oath. A director may administer it.] 170 FORMS. State of Washington, (Aunty of To the Treasurer of ■ Form No. 30. Certificate of Bond Election. ■ss. County, Washington : We, the undersigned, directors of School District No. of- - county, State of Washing- ton, do hereby certify that at an election held in said school district on the day of , 18—, it was voted that the bonds of said district shall be issued by the directors thereof in the sum of dollars, payable — years after date, with interest at the rate of — per cent, per annum, pay- able annually; *and we further certify that the board of directors of said district reserves the right to redeem said bonds as follows, viz.: Witness our hands this ■ Attest : dav of 18—. School District Clerk. Directors. *The people determine, at the election, the maximum time the bonds are to run. If the directors reserve the right to pay the bonds or any portion of them prior to that date, they shall specify such intention in their certificate to the county treasurer, to guide him in his advertise- ment ; if the directors do not reserve such right, this clause may be omitted from their certificate to treasurer. Form No. 31. Report of County Superintendent to County Treasurer of School District Officers Elected or Qualified. To the Treasurer of County, Washington : You are hereby notified that the following named persons were duly elected to the offices indicated, at the annual school election held on the day of , 18—; that the oath of office of each of said persons has been filed in my office as required by law. No. of dist. Name of officer. Title to office. Duration of term. Postoffice address. Dated this day of -,18-. Supt. Com. Schools, • County, Washington. Form No. 32. Report of County Superintendent to County Treasurer of the Appointment of a School District Officer. To the Treasurer of County, Washington : You are hereby notified that , of , has been appointed to the office of of School District No. , of this county, in place of ; that he qualified as such officer on the day of , 189 — ; that his oath of office is now on file in my office. Dated this day of , 189—. > — County, Washington. Supt. Com. Schools, — Remark. — All appointed officers serve until the next annual election. [Not printed with laws. J FORMS. 171 « Form No. 33. Teacher's Register. Form No. 34. Teacher's Contract. To , Superintendent Common Schools : The following contract has been made in accordance with the action of the board of directors as found in the minutes of the meeting of day of , 189 — : teacher's contract. It is hereby agreed, by and between the directors of School District No. , county of , State of Washington, and , the holder of a teacher's certificate now in force in said county, that said teacher is to teach, govern and conduct the public school of said district to the best of h — ability, follow the course of study lawfully adopted, keep a register of the daily at- tendance of each pupil attending said school, make all reports required by law or by lawful authority, and endeavor to preserve in good condition the school house, grounds, furniture, ap- paratus and such other property of the district as may come under the immediate supervision of said teacher, for a term of school months, commencing on the day of , 189—, for the sum of— — dollars per month, to be paid at the end of each school month, out of the funds of said school district, upon a warrant drawn by the directors of said school district and payable by the county treasurer : Provided, That if said teacher shall be legally dismissed from school, or shall have h — certificate lawfully annulled by expiration or otherwise, then said teacher shall not be entitled to compensation from and after such dismissal or annullment: Provided further, That the wages of said teacher for the last month of the school term shall not be paid unless said teacher shall have made the reports hereinbefore mentioned. And the directors of said school district hereby agree to keep the school house in good repair, to provide a school register, fuel and other necessary supplies for the comfort of the school. In witness whereof, we have hereunto subscribed our names this day of , 189 — . ■} Attest : , District Clerk. Recorded on page of Record of Contracts. Directors. -, Teacher. ::J Supt. Common Schools. Note. — This contract shall be made in duplicate, and mailed to the county superintendent of common schools, who shall, if it be legal, countersign the same and mail one copy to the district clerk and one to the teacher. Form No. 35. Teacher's Annual Report to County Superintendent or District Clerk. [ Not printed with laws.] [Not printed with laws.] Form No. 36. Teacher's Term Report . 172 FORMS. Form No. 37. Teacher's Temporary Certificate. COMMON SCHOOLS OF THE STATE OF WASHINGTON. This is to certify that , having filed in my office legal evidence of being a person of good moral character, and of possessing ability to teach and govern, is hereby granted this temporary certificate, which entitles h — to teach in the common schools of county, Wash- ington, until the next regular examination of teachers in said county. This certificate is granted upon the following evidence of ability to teach, viz Valid until , 189—. Extended until 189—. Dated this day of 189—. , Supt. Com. Schools, County, Washington. Form No. 38. Teacher's Special Certificate. COMMON SCHOOLS OF THE STATE OF WASHINGTON. This is to certify that having filed in my office legal evidence of being a person of good moral character and of possessing ability to teach and govern, is hereby granted this special certificate, which entitles h — to teach the subject of in the common schools of county, State of Washington, until revoked for cause. This certificate is granted upon the following evidence, viz.:. Dated at this day of , 189—. Supt. Com. Schools, County, Washington. Form No. 39. County Superintendent's Certificate that All Reports Have Been Made. Office of Superintendent of Common Schools, County, Washington, , 189—. To the Board of Directors of School District No. — — , County, Washington: I hereby certify that , clerk of School District No. , has made all reports due from said district, to the county superintendent, for the quarter last past, including the following: County Superintendent. Remarks. — This certificate is required to be made out and forwarded, on or before the last Saturday of January, April, July and October, of each year, to all clerks who have made all re- ports required by law, and the board of directors is forbidden to audit any account or issue any warrant for services performed by any clerk until this certificate is filed with them. Form No. 40. Notice of Appeal to State Board of Education. To the Secretary of the State Board of Education: You are hereby notified that the undersigned, feeling aggrieved by the action of the superin- tendent of public instruction does hereby appeal from the decision of said superintendent and FORMS. 173 respectfully ask that you take such action in the matter as will redress the grievance hereinafter set forth. The action complained of is: [Here state fully and clearly the action complained of.] State of "Washington, County of , ss. I, , do solemnly swear that the above and foregoing statement is true. So help me God. (Signed) , Subscribed and sworn to before me this day of , 18 — . — ~ ~ —— ~* ) [Here state official character of officer administering oath.] Remarks. — All appeals must be taken within thirty days after the act, order or decision com- plained of. Form No. 41. Notice of Appeal to Superintendent of Public Instruction. To the Superintendent of Public Instruction of "Washington : You are hereby notified that the undersigned, feeling aggrieved by the action of the county- superintendent of countj r , State of Washington, does hereby appeal from the decision of said , and respectfully ask that you take such action in the matter as will redress the grievance hereinafter set forth. The action complained of is as follows, viz.: [Here state fully and clearly the action complained of.] State of Washington, County of , ss. I, , do solemnly swear that the above and foregoing statement is true. So help me God. (Signed) , Subscribed and sworn to before me this day of , 18 — . [Here state official character of officer administering oath.] Remarks.— All appeals must be taken within thirty days after the act, order or decision com- plained of. Form No. 42. Appeal to County Superintendent. To the Superintendent of Common Schools of County, Washington : You are hereby notified that the undersigned, feeling aggrieved by the action of the board of directors of School District No. , of county, State of Washington, do hereby appeal from the decision of said board, and respectfully ask that you take such action as will redress the grievance hereinafter set forth. The action complained of is as follows, viz.: [ Here state clearly and fully the action complained of.] State of Washington, County of , ss. y t ( do solemnly swear that the above and foregoing statement is true. So help me God. (Signed) . Subscribed and sworn to before me this day of , 18—. [Here state official character of the officer administering oath.] Kkmakks.— All appeals must be taken within thirty days of the act, order or decision com- plained of. 174 FORMS. Form No. 43. Report of Fines Collected by Clerks of Courts and Justices of the Peace. To the Superintendent op Common Schools, County, Washington : You are hereby notified that the sum of $ has been collected by me during the quarter beginning on the first day of , 18 — , as fines for breach of penal laws of the State of Wash- ington, and that said money has been turned over to the county treasurer to be placed to the credit of the common school fund. Dated this day of , 18 — . Remarks. terly. -Clerks of courts and justices of the peace are required to make this report quar- Treasurer of ■ Form No. 44. School District Officer's Signature. County, Washington : Sir — My signature, herewith transmitted for filing in your office, is in the form in which it will hereafter appear when attached to warrants drawn upon you by the officers of this school district during my term of office. Said term is for year—, beginning on the first Monday of , 189—. ( Signed ) , ♦Director — Clerk of School District No. , County, Washington. * Erase " Director" or "Clerk," as the ease may require. Certificate. I hereby certify, that the within signature of M of School District No. . ♦Director — Clerk of School District No. ♦Erase " Director" or " Clerk," as the case may require. is genuine, and that he is a ( Signed ) , • County, Washington. This certifies that • Form No. 45. Common School Diploma. COMMON SCHOOLS OF THE STATE OF WASHINGTON. , of District No. , county of , State of Washington, has passed a creditable examination in the subjects required for the first eight years of the common school course as adopted by the state board of education, and has maintained a high standing in deportment; and is therefore granted this CERTIFCATE OF GRADUATION. In testimony whereof, our signatures are affixed this day of - 189- Directors. [seal] Teacher. Supt. Common Schools. FORMS. 17 g Forms Nos. 46, 47, 48, 49, 50, 51 and 52. Not printed with the laws.] Form No. 46.— Map of School District. Foem No. 47.— Code of Public Instruction. Fobm No. 48.— Biennial Report of Superintendent of Public Instruction. Fokm No. 49.— Report of Teachers' Examination. Fokm No. 50.— Graded School Report. Form No. 51.— Requisition Blanks. Foem No. 52.— Uniform Examination Paper. CALENDAR FOR THE YEAR'S DUTIES. Section. July 1st, fiscal year begins 67 First Monday in July, directors assume office 39 July loth, clerks report to county superintendent 49 First Saturday in August, regular meeting of board 43 Attend to special tax levy at regular meeting of board 112 First Monday in August, clerk assumes office 48 September 1st, clerk must have certified the special tax levy to county auditor H* First Monday in September, legal holiday, Labor Day 56 First Saturday in November, regular meeting of board 43 Last Thursday in November, legal holiday, Thanksgiving Day 56 December 1st, clerk reports to superior judge of children not attending 49 Christmas Day, legal holiday 56 New Year's Day, legal holiday 56 First Saturday in February, regular meeting of board 43 February 12th, legal holiday, Lincoln's birthday 56 February 22d, legal holiday, Washington's birthday 56 First Saturday in May, regular board meeting 43 Call annual election, fix hours for polls 149 Determine annual statement to voters 49 June 1st, begin taking census 4 ^ Second Saturday in June, annual election of officers 149 (176) ALPHABETICAL INDEX TO CODE OF PUBLIC INSTRUCTION. A. Agricultural College: Sec. Page. Establishment 190 80 Ex officio visitors 191 80 Courses of study 192 80 Duties of regents 193 80 Departments 193 80 Experiment station 193 81 Experiment station 199 83 Management, how vested 194 82 Appointment of regents 194 82 Bonds of regents 194 82 Residence of regents 194 82 Organization of board 195 82 Treasurer 195 82 Secretary 195 83 President 196 83 Duties of officers 196 83 By-laws 197 83 General control 198 83 Congressional requirements 200 84 Meetings of the board 201 84 Oath of Office 202 85 Regents' expenses 203 85 Biennial report 204 85 Disbursements 205 85 Interest in contracts 206 85 Governor ex officio member of the board 207 85 Power to grant degrees 208 85 Construction of buildings 209 85 Bonds of contractors 209 86 Architects 210 86 State auditor to issue warrants 211 86 Admission to Normal Schools 224 90 Admission to University of Washington 183 77 Annual State Tax HO 51 Appeals — To Superintendent of Public Instruction : How taken, by persons aggrieved 36 27 From decision made by county superintendent 47 32 Aimkals — To County Superintendent: Mode of procedure 47 31 Appeals — To County Commissioners: Information of school districts 3 14 In alteration of school districts 5 15 Appendix 103 Apportionment of Funds: In joint districts 18 19 By superintendent of public instruction 21 22 By county superintendent 33 26 New district entitled to part of special tax 116 53 Architects Agricultural College 210 86 Attorney General — Legal advisor University of Washington 189 80 Auditor — State : Shall notify superintendent of public instruction of funds on hand Ill 52 Shall issue warrants, agricultural college 211 86 -12 (177) 178 INDEX. Auditor — County: Sec. Page. Shall extend special school tnx on tax roll 112 52 Shall require certificate of qualification, when 32 25 Auditing Committee — City Districts: Must audit accounts 91 44 B. Bequests and Gratuities 186 79 Blanks — By whom printed and distributed 22 20 Boarding Houses — Normal schools 216 88 Board of Education— State: How constituted; tenure of office 24 22 Meetings of, annual, special 25 23 Expenses of, not to exceed 11,000 per annum 25 23 Shall adopt or readopt text-books 27 23 Shall prepare courses of study for common schools 27 23 Shall elect a secretary 27 23 Shall sit as a board of examiners 27 23 Shall prepare questions for county examinations 27 23 Vacancy in board, how filled 26 23 Board of Directors— City : Shall consist of five members 76 41 Old directors in districts united by this act to continue 76 41 Members shall decide by lot terms of office 76 41 Shall provide one voting place in each ward 78 42 Shall appoint judges, etc 78 42 Shall provide registration books 78 42 Shall count votes and issue certificate of election 79 42 Shall meet as canvassing board, when 79 42 Shall take oath of office and file the same 80 42 Term of office shall commence, when 80 43 Shall elect a president and vice president, when 80 43 Shall elect a secretary and fix salary of. 80 43 Shall elect officers, etc., by viva voce vote 81 43 Shall hold regular and special meetings 86 43 Shall maintain office, and meet at 87 44 Vacancies in board, how filled 89 44 Vacancies in board may be created, how 90 44 Quorum, less than, powers of. 90 44 Shall not vote expenditure of more than $200, except on contract 91 44 Accounts of, subject to inspection of county superintendent 91 44 General powers and duties 92 45 To employ and to dismiss a city superintendent 92 45 To prescribe a course of study and text-books 92 45 General powers of board 92 45 Shall cause enumeration to be taken 93 46 Shall report to county superintendent 93 46 Members of, shall have no pecuniary interest in contract 94 46 Members shall receive no compensation 94 46 Board shall not sell school property, except 95 46 Shall advertise for bids in certain cases 96 46 Board shall report to county commissioners, what 97 47 Expenditure of funds limited 97 47 Shall pay incidental costs of bonds 126 57 Shall canvass result of vote on validation 130 60 May issue bonds for validated debt 132 61 Shall notify treasurer of the result of election 135 62 Board of Examination, State — (See Board of Education, State.) Board of Higher Education: Shall consist of whom 28 24 Shall adopt course of study for normal schools 29 24 Shall harmonize public school system 29 24 INDEX. 179 Bonds — School district: Sec. Page. District may issue, for certain purposes 117 54 Amount of, rate of interest 117 54 Election to determine issue of 118 54 Notice of election shall state, what 117 54 Three-fifths majority 118 54 Form of bonds — registry of bonds 119 55 Must not be sold below par value 120 55 Fees for advertising — how paid 120 56 Must be printed or lithographed 123 50 May be funded in certain districts 124 56 Bonds issued by cities of 10,000 or more 124 57 Interest on, shall cease, when 125 57 Incidental expenses, how paid 126 57 How redeemed and canceled 127 58 Bonds of regents agricultural college 194 82 Bonds of contractors agricultural college 209 86 Boundaries of school districts 5 15 Boundaries harmonized by county superintendent 33 26 By-laws agricultural college 197 83 By-laws school for defective youth 238 93 c. Calendar for School Officers 176 Census— School districts: When and by whom taken 49 32 Shall include, what 49 82 Shall not include Indian or Mongolian children 49 32 In cities of 10,000, by whom taken 93 46 Census Enumerators— In cities of 10,000: Compensation of. 93 46 Appointment of, by whom made 93 46 Shall verify returns by affidavit 93 46 Certificate of Secretary of State 102 Certificate of Tax Levy 112 52 Certificates and Diplomas: Certificates under former law validated 136 63 Life diplomas 137 64 Life diplomas 138 65 State certificates 137 64 State certificates 138 65 State certificates without examination 139 65 First grade common school certificates 137 64 Second grade common school certificates 137 64 Third grade common school certificates 137 64 Temporary common school certificates 137 64 Temporary common school certificates 146 67 Special common school certificates 137 64 County examinations 140 66 State examinations 138 65 Fee for certificate (county ) 142 66 Fee for certificate (state) 138 65 Fee for diploma 138 65 Requirements for certificate (state) 138 65 Requirements for certificate (county ) 141 66 Papers to be forwarded to state superintendent's office 143 66 Renewal of certificates 144 67 Applicants may pass in eight subjects 145 67 Registration of certificates 147 68 Revocation of certificates 148 68 University normal diploma 180 79 Normal school diploma 222 90 180 INDEX. Sec. Paye. Cities of Ten Thousand — (See School Districts) 75 40 Clerks — School District: In joint districts shall file oath in each county 17 19 Election, tenure of office 48 32 Sliall takeoffice, when 48 32 Shall file signature with county treasurer 62 38 Appointment of, to fill vacancy 48 38 Shall be clerk of special meetings of voters 30 23 Shall file transcript of record 47 31 Shall attend meetings of board of directors 49 32 Shall preserve copies of all reports to county superintendents 49 32 Shall keep account of expenses incurred 49 32 Shall present record book for inspection at annual election 49 32 Shall take census of children of school age 49 32 Shall make a report to county superintendent 49 33 Shall give notice of annual and special meetings 49 34 Shall report employment of teachers and commencement of school 49 34 Shall issue and countersign warrants 49 34 Shall receive certain compensation 50 34 Shall certify to correctness of teachers' reports 53 35 Shall certify special tax levy to county auditor 112 52 Shall call meeting to form union district 61 35 Shall report to superior judge, what 49 34 Shall report to county superintendent defective youth 252 94 Penalty for failure to make reports 164 73 Code of Public Instruction: By whom and to whom distributed 22 21 Official title of school laws 257 95 Commissioners — County: Shall appoint county superintendent to fill vacancy 30 24 Shall cause record of school district boundaries to be entered upon journal.. 33 26 Shall hear appeals on formation of districts 4 15 Shall defray expenses of institute 104 48 Shall levy district bond interest tax 121 56 May levy bond sinking fund tax 121 56 Shall levy, not exceeding three mills, when 135 63 Shall withhold salary of county superintendent, when 160 72 Shall provide office for county superintendent 37 38 Shall levy tax in cities of 10,000 or more inhabitants 97 47 Shall defray expenses of defective youth 256 95 May be fined for failure to enforce compulsory law, when 256 95 Compulsory attendance, penalty 171 74 Constitution — State of Washington 105 Contracts: Valid only when countersigned by county superintendent 33 26 Valid only for term of certificate of the holder 33 26 Declared valid under Code of Public Instruction 63 38 Compulsory Attendance: (See Parents and Guardians) 71 39 School for defective youth 254 95 Convention of County Superintendents — By whom called, when 22 21 County Examinations 140 66 County Superintendent — (See Superintendent of Common Schools). County Treasurer— (See Treasurer). Course of Study: For primary, grammar and high schools 27 23 For normal schools 28 24 For normal schools 222 89 For entrance to higher institutions 28 24 Harmonizing courses of public school system 28 24 To be adopted by boards of directors of graded and high schools 73 40 INDEX. 181 Course of Study — Continued. Sec. Page. Shall be endorsed by teachers 54 35 Board of directors shall adopt in cities of 10,000 92 45 Penalty for failure to comply with 166 74 Penalty for failure to enforce 174 75 Course of Study: Agricultural college 192 80 University of Washington 183 77 University of Washington 186 79 County — A unit for supervision and administration 2 14 D. Damages: To school property 172 74 To books, normal schools 223 90 Defective Youth — School for 91 Degrees — Agricultural college 208 85 Deputy Superintendent of Public instruction 23 22 Departments — Agricultural college 193 81 Diplomas : Life 137 64 Life 138 65 Fee for 138 65 Maybe revoked 148 68 Diplomas and Certificates: State normal 220 89 May be revoked 222 90 University of Washington 186 79 Director — School District: Election, tenure of office, failure to qualify 39 28 Eligibility, ability to read and write English 39 28 Shall take office, when 39 28 Shall file signature with county treasurer 62 38 Appointment of. 33 25 Shall take oath 61 37 May administer oaths 61 37 Shall have no pecuniary interest in contracts 45 31 Director — School for defective youth 248 94 Directors — Boards of: In joint districts shall file oaths in each county 17 19 Shall employ teachers and others 40 29 Shall enforce rules, course of study, etc 40 29 Shall provide and pay for furniture and supplies 40 29 Shall rent, furnish, repair and insure school houses 40 29 Shall build or remove school houses, when 40 29 Shall purchase personal property, etc 40 29 Shall suspend or expel pupils, when 40 29 May exclude children from school, when 40 29 Shall provide free text^books, and books for indigent children, when 40 29 Shall require all children to be supplied with text-books 40 29 Shall exclude from school and school libraries certain classes of literature.. 40 29 May authorize school room to be used for certain purposes 40 29 Shall require teachers to conform to the law 40 30 Shall be liable as directors for debts, judgments 41 30 .May permit adults and non-resident pupils to attend school, when 42 30 May charge tuition 42 30 Shall turn over all money collected to treasurer 42 30 May make by-laws for government of. 43 30 Shall hold regular meetings, when 43 30 May hold special meetings 43 30 Shall have custody of school property 44 30 182 INDEX. Directors — Boards of — Continued. Sec. Page. Shall have power to convey by deed, etc 44 30 Shall have power to transact business, etc 44 31 Shall sign warrants for payment of tlehts, etc 44 31 Shall sign and execute deeds for district 44 31 Shall call special meetings of voters, when 156 71 Shall carry out voters' directions 158 72 Shall appoint a clerk of board pro tempore 49 32 Shall not sign warrant for teachers' wages, when 52 35 Shall not contract debts, when 46 31 Shall withhold warrant for last month's salary, when 53 35 Shall make a written order for employment of teacher 55 35 May determine length of school day 66 39 Shall furnish free text-books, when 108 50 Shall adopt rules governing free text-books 108 50 May levy special tax not exceeding five mills 112 52 May order a special election to vote special tax 112 52 Shall pay district clerks for services, when 50 34 Shall not audit accounts of clerk, when 50 34 May borrow money and issue bonds of district 117 54 Shall certify result of bond election to county treasurer 119 55 Shall canvass bids for bonds 120 55 Shall deliver bonds to treasurer 120 55 Shall cause bonds to be printed or lithographed 123 65 Shall cause clerk to post notices, when 131 Disbursements — Funds agricultural college 205 Display of U. S. Flag 180 7C Dissection — (See page 102.) When permitted 179 76 Penalties for 1~ 3 75 Duties : Of superintendent of public instruction 22 20 Of state board of education 27 23 Of board of higher education 28 21 Of county superintendents 33 2o Of school directors 40 28 Of school directors in cities of 10,000 92 45 Of school clerk 49 32 Of secretary of board in cities of 10,000 84 43 Of county treasurer 59 30 Of board of regents, university of Washington 186 78 81 GO 85 Of board of regents, agricultural college 193 Of trustees, normal schools 215 87 88 92 Of principal, normal schools 218 Of trustees, school for defective youth 231 Of directors, school for defective youth 249 94 E. Elections : Of superintendent of public instruction 20 19 Of county superintendent 30 24 Of school district directors 39 28 Of school district clerk 48 32 In cities of 10,000 77 41 In cities of 10,000 78 42 In cities of 10,000 ( see page 97). Elections — General : Date of annual i49 C8 Notice of time and place I 50 G8 Polls open, when I 50 ^ Oaths of election officers 1 5 1 G9 Ballots 152 C9 Challenges 153 70 INDEX. 183 Elections — General — Continued. See. Page. Qualification of electors 153 69 Registration of voters 153 69 Declaring result of 154 70 Imperfect ballots 154 70 Certificates of 155 70 Tie votes 155 71 Poll sheets sent to county superintendent 154 70 Elections — Special : For what 156 71 How called 149 68 Where held 157 71 Ten days' notice 157 71 Directors to carry out result 158 72 Election for free text-books, shall be held 106 50 Election for free textrbooks, may be held 107 50 Election to vote bonds 118 54 Election to validate 129 59 Election to validate 130 59 Election to validate 131 60 Eligibility : Of members of state board of education 24 22 Of deputy superintendent of public instruction 23 22 Of county superintendent of common schools 31 24 Of school directors 39 28 Of school district clerk 48 32 Of applicants for certificates, state 138 65 Of applicants for certificates, common school 141 66 Of teachers 51 34 Emergency Clause 258 96 Examination: Fee 103 48 Penalty for disclosing questions 159 72 Examinations: County 140 66 State 138 65 State 27 23 Papers forwarded to state superintendent... 143 66 For admission to normal school 224 90 Executive Committee — School for defective youth 242 93 Expenses Regents: Agricultural college 203 85 University of Washington 187 80 Experiment Station 193 81 Same 194 82 F. Faculty — University of Washington 187 80 Fees: For certificates, county 142 66 For certificates, state 138 65 For diplomas 138 65 First Grade Certificates 137 64 Fines— (See Penalties). Flags— Shall be displayed 180 76 Forms— (See page 159). G. Graded Schools 72 39 Governor : Shall appoint members state board of education 24 22 184 INDEX. Governor — Continual. Sec. Page. Shall appoint regents of university 184 78 Shall be ex officio visitor agricultural college 191 80 Shall be ex officio advisory regent agricultural college 207 85 shall appoint regents, agricultural college 194 82 Shall appoint trustees normal schools 212 87 Guardians — (See Parents and Guardians). H. He or His — Construed to mean she or hers 176 75 High Schools: Shall be maintained 1 13 Course of study for 27 23 Part of common schools 64 38 In cities of 10,000 92 45 Connection with university 183 77 Holidays — (See Note, page 36) 56 36 Holder of Bonds — To notify treasurer 125 57 Holder of Warrants — May exchange for bonds 134 62 Hygiene — Penalty for not teaching 162 72 Hygiene — Penalty for not enforcing law 163 73 I. Indians — Not enumerated 49 32 Indigent Parents 40 29 Indigent Parents 92 46 Indigent Pupils — School for defective youth 255 95 Institute — County : Must be held, when 99 47 May be held, when 100 47 Length of session 101 47 Compensation of teachers 102 48 Institute fund 103 48 Expenses, how paid 104 48 Compulsory attendance at 99 47 Penalty for non-attendance 168 74 J. Janitor : Relating to contagious diseases 68 39 Employed in cities of 10,000 92 45 Judges of Election : How chosen 151 69 Shall take oath 151 69 Shall canvass returns 154 70 Shall administer oath to voters 153 70 K. Kindergarten l g l 76 Kindness to Animals — To inculate 65 38 L. Laws— (See Code of Public Instruction). Length of School Term : In all districts 70 39 In incorporated towns 70 39 In cities of 10,000 92 45 Levy of State Tax — Limited to four mills HI 52 Library — Fees for normal school 223 90 Life DiplcJmas I 37 64 INDEX. 185 M. Meetings — (See Elections). Sec. Page. Of state board of education 25 23 Of school district directors 43 30 Of school district directors 86 44 Of voters 149 68 Of regents, university of Washington 185 78 Of regents, agricultural college 195 82 Of trustees, normal school 217 88 Of trustees, school for defective youth 236 92 Of trustees, school for defective youth 239 93 Manual Training School 219 89 Model School 219 89 Mongolians — Shall not be enumerated 49 33 N. Non-Sectarian Control of Common Schools 110 51 Non-Sectarian Control of University 188 80 Normal Diploma from University 186 79 Normal Schools : Establishment 212 86 Corporate title 212 86 Trustees, appointment 213 87 Trustees, term 213 87 Trustees, officers 214 87 Trustees, by-laws 214 87 Trustees, no interest in contracts 227 91 Trustees, quorum 214 87 Trustees, duties 215 87 Trustees, meetings 216 88 Hoarding houses i 216 88 Principals, duties 218 88 Principals, expenses 218 89 Principals, annual meetings 225 91 Model school 219 89 Manual training school 219 89 Diplomas and certificates 220 89 Diplomas and certificates may be revoked 222 90 Tuition, to residents 221 89 Tuition, to non-residents 221 89 Courses of study 222 89 School year 222 90 Textrbooks 223 90 Library fee 223 90 Requirements foradmission 224 90 Biennial report 226 91 o. Oath of Office: School district officers 61 37 Attached to certificates of election 155 70 Oath of Office — Regents agricultural college 202 85 hi i iters — Agricultural College : Duties 19f> 83 Officers — Named 19 19 Superintendent of public instruction 20 19 State board of education 24 22 Board of higher education 28 24 County superintendent 30 24 School district directors 39 28 School district clerk 48 32 Teachers 51 34 County treasurer 59 36 186 LNDEX. Officers — Named — Continued. Sec. Page. General provisions relating to 60 37 Penalty for not turning over property 165 73 Official Year — School for defective youth 215 93 Official Rulings : By attorney general 155 By superintendent of public instruction 156 Outline — Of Public School System 5 P. Parents or Guardians: Shall be liable for damages to school property 172 74 Shall send children tosehool 71 39 Penalty for failure to send children to school 171 74 Shall not insult or abuse teacher, penalty for 169 74 Shall send defective youth to state school for 254 95 May educate defective youth at home, when 254 95 Penalty for neglect to educate defective youth 256 95 Penalties: For breach of penal laws 113 53 For disclosing examination questions 159 72 For failure to make county superintendent's report 160 72 For failure to turn over fines, etc 161 72 For failure to teach hygiene 162 72 For failure to teach hygiene 163 73 For failure to make clerk's report 164 73 For failure to deliver property 165 73 For failure to enforce course of study 166 74 For failure to enforce course of study 174 75 For maltreating pupils 167 74 For non-attendanceat institute 168 74 Forabusing teacher 169 74 For disturbing school 170 74 For non-attendance at school 171 74 For defacing property 172 74 For practicing vivisection 173 75 For failure to use text-books 174 75 For failure to maintain school 175 75 For failure to report defective youth 256 95 For damage to books, normal schools 223 90 Physiology and Hygiene : Must be taught; penalty for failure 162 72 Must be taught; neglect or refusal 163 73 Preference Right to Purchase School House Site 8 16 President — Of state board of education: Superintendent of public instruction... 22 21 President — Of board of city directors: Shall be elected, when 80 43 Duties of 82 43 Principals Normal Schools: Duties 218 88 Expenses 218 89 Annual meeting 225 91 Principal: Graded schools 73 40 Shall report in lieu of teacher 52 35 Property — Penalty for defacing 172 74 Prosecuting Attorney — Shall enforce law regarding hygiene 163 73 Pupils : Age of admission 64 38 Shall pursue course of study 69 39 Shall comply with rules 69 39 INDEX. 187 Pupils — Continued. Sec. Page. Penalty attached to violation of rules 69 39 Penalty for damaging school property 172 74 Shall be excluded from school, when 68 39 Penalty for maltreating 167 74 Q Qualification — ( See Eligibility). Questions for Teachers' Examinations: Penalty for disclosing 159 72 Shall be prepared by state board of education 27 23 Shall be distributed by the superintendent of public instruction 22 20 Quorum — Directors in cities of 10,000 90 44 R. Regents : Agricultural college, duties 193 80 Agricultural college, expenses 203 85 Agricultural college, bonds 194 82 Agricultural college, residence 194 82 University of Washington, to consist of. 184 78 University of Washington 185 78 University of Washington 186 78 Register — Teachers 53 35 Registration of Certificates 147 68 Registration of Voters: Only registered voters shall vote at school elections 78 42 Only registered voters shall vote at school elections 153 69 (See House Bill No. 137, page 97.) Renewal of Certificates 144 67 Requirements: For certificate, state 138 65 For certificate, county 141 66 For admission to normal schools 224 90 For admission to university 183 77 Revocation of Certificates 148 68 Repeals — Acts relating to public school system 257 95 Reports : Of superintendent of public instruction, biennial, when made 22 20 Of normal schools 220 91 Of university of Washington 186 79 Of private and sectarian schools, or state institutions, annual 22 21 Of agricultural college regents 204 85 Of county superintendents, annual 33 26 All statements required by state superintendent 33 26 Of school for defective youth 247 94 Of school district clerk, annual 49 33 To superior judge 49 34 Defective youth 252 94 Of teachers 52 35 Of teacher, principal, or city superintendent 52 35 Of principal or city superintendent 74 40 Of county treasurer to county superintendent 59 36 Of secretary of city board 85 43 Of city board of directors, annual 92 46 To county commissioners 97 47 Revenue — (See School Funds). Rules — For common schools: (See page 153.) By whom prepared 27 23 Directors shall enforce 40 29 Teachers shall enforce 54 35 18S INDEX. Rulings — On school law : Sec. Page. By attorney general 155 By superintendent of public instruction 156 s. Schools — Common : A uniform system consisting of, shall be maintained 1 13 Penalty for not maintaining 175 75 Administration of system, by whom 19 19 A common school defined 64 38 Shall be open, to whom 64 38 Shall be taught in the English language 65 38 Instruction shall be given, in what branches 65 38 Attention to kindness to animals 65 38 Pupils and teachers excluded from, when 68 39 Pupils must comply with regulations of. 69 39 Pupils may be expelled from 68 39 Property of, must not be destroyed or abused 69 39 School, day and month 66 39 School year defined 67 39 Penalty for disturbing 170 74 Free from sectarian control 110 51 School for Defective Youth : Establishment 228 91 Free to resident youth 229 91 Admission of non-resident youth 251 94 Trustees, consist of 230 92 Trustees, general control 231 Trustees, how appointed 232 Trustees, term of office 232 Trustees, vacancies, how filled 233 Trustees, how constituted 234 Trustees, notice of appointment 235 92 Trustees, regular meetings 236 92 Trustees, special meetings 239 93 Trustees, notice of meetings 241 Trustees, quorum 240 Trustees, by-laws 238 93 Trustees, executive committee, meetings 242 93 Trustees, executive committee, duties 243 93 Trustees, no interest in contracts 244 93 Official year 245 93 School year 246 93 Biennial report 247 Director, qualifications 248 Director, duties 249 Director, removal 250 94 Duties of district clerk 252 94 Duties of county superintendent 253 Compulsory attendance 254 Expenses of indigent pupils 255 Penalty for neglect of law. 92 92 92 92 92 39 93 94 94 91 95 95 256 95 39 90 School year, defined 67 School year, for normal school 222 School year, for school for defective youth 246 93 School Revenues: (See School Funds). State fund, permanent, derived from 109 50 Interest on permanent state fund, rentals, etc 110 51 All losses to, a permanent debt U° 51 Annual state tax no 51 Fines for breach of penal laws U3 53 Special taxes, how levied State tax levy limited to four mills 11J 52 INDEX. 189 School Revenues — (See School Funds) — Continued. Sec. Page. Warrants paid in the order of presentation 114 53 Warrants may be exchanged for bonds, when 134 62 Schools — Graded and High : Board of directors in districts united 9 16 Funds and other property of united districts 13 17 Board of districts must meet and organize, when 15 18 Clerk of districts united shall notify county superintendents 15 18 Each incorporated city or town one district 72 39 Shall, when incorporated, maintain six months' school 70 39 Territory when bonded may not be transferred 72 40 Directors appoint principal, grade school, etc 73 40 Limits of district 72 40 Principal employed, when 73 40 Directors establish course of study 73 40 City superintendent to be employed, when 74 40 School Districts: Term defined, how designated, all districts legalized 3 14 New districts, how formed; appeals 4 14 Change of boundaries, appeals 5 15 Must not contain less than four sections 6 15 May purchase school house site 7 15 Shall have preference right to purchase site 8 16 Boundaries of, harmonized by county superintendent 33 26 Must maintain school three months 70 39 New districts entitled to money, when 115 53 Organization of, ceases and determines, when 115 53 New district entitled to division of old district, when 116 53 New district entitled to its proportion of special tax 116 53 Districts not entitled to funds, when 115 53 District shall forfeit 25 per cent, of funds, when 174 75 May issue bonds 117 54 School Districts — Consolidated Districts: Directors of the several districts constitute the directors of 12 17 Entitled to funds and property of old districts 13 17 Old districts shall retain corporate existence, when 14 17 Ollicers of, shall meet and organize 15 18 Joint Districts: When formed and how designated by number 16 18 Form of organization 17 18 Reports made to each county superintendent affected 18 19 For purposes of apportionment shall lie in county containing school house.. 18 19 Union School : Districts, how formed 9 16 Directors of, shall consist of whom 9 16 Board of directors, how organized 9 16 Powers and duties of boards of. 10 16 Clerk shall report the organization to county superintendent 10 16 Course of study in, determined by board of directors 11 16 Expenses of union schools, how paid 11 17 School Districts — In cities of 10,000 or more inhabitants: May include territory adjacent to city 75 40 How designated and known 75 41 Shall be a body corporate 75 41 Property of districts shall vest in new district 75 41 Directors of, shall have control of all property 75 41 School Funds: How apportioned by superintendent of public instruction 22 21 How apportioned by county superintendent 33 26 Not apportioned to districts failing to have school 175 7"> From what sources derived 109 ■ 50 Exclusively for current use of schools 1 10 51 Losses to, shall be a permanent debt upon the state 110 51 190 INDEX. School Laws— (See Code of Public Instruction). See. Page. School Meeting — Penalty for disturbance of 170 74 School Meeting— (See meetings). School Officers:, May administer oatbs in certain cases 61 38 Sball deliver property to successor CO 37 Shall take oath of office 61 37 Authority validated 63 38 Second Grade Certificates 137 64 Secretary — State board of education: Shall be elected by board 27 23 Shall keep a record of proceedings 27 23 Shall file certified copy of record with superintendent of public instruction.. 27 23 Secretary — City board of directors: Shall not be a member of the board 80 43 Salary of 80 43 May be removed, how, and by whom 80 43 Duties of 84 43 Shall give bond and take oath 85 43 Shall make reports from time to time 85 43 Shall take census, may appoint census enumerators 93 46 Shall act as purchasing agent 85 Shall be supervisor of buildings 85 Register voters 2 97 Administer oaths 9 99 Superintendent — City: Shall be elected, in cities of 10,000 or more, by viic voce vote 81 43 Compensation, fixed by board of directors 92 Shall report to superintendent of public instruction 74 Report of, accepted in lieu of teacher's report 52 Shall supervise graded schools 74 Special Certificates 137 C4 Special Tax 112 52 State Certificates 137 ** State Certificates 138 ®5 State Certificates Without Examination I 39 65 State School Fund 109 50 State Constitution Superintendent of Common ScnooLs, County: Shall give number to consolidated district 12 43 43 40 35 40 105 17 Shall record boundaries of. I 2 " Shall certify organization of, to whom 12 17 Shall post notices and conduct hearing for formation of joint districts 17 18 Shall certify consent for forming joint district 17 Shall call jointly election for formation of joint districts 17 18 May order segregation of reports from joint districts 18 19 Eligibility of candidates for 3 1 34 Shall countersign contracts of teachers 33 25 Shall approve furniture, charts, etc., as to quality and price 40 29 Shall pay examination fees to county treasurer 1° 3 48 Election of, tenure of office, oath, bond 30 24 May appoint a deputy 30 Vacancy in office of, how filled 30 24 25 25 25 Shall exercise supervision over schools «*» Shall visit schools 33 Shall distribute blanks, circulars, etc 33 Shall enforce course of study, regulations, etc 33 25 Keep on file reports of superintendent of public instruction Si 25 Slvall keep a record of official acts Shall preserve all reports of school officers 33 25 INDEX. 191 Superintendent of Common Schools, County — Continued. Sec. Page. Shall administer oaths , 33 25 Shall keep record of contracts to teach 33 25 Shall forward manuscripts of persons examined 143 06 Shall make annual report to the superintendent of public instruction 33 20 Shall keep transcript of and harmonize school district boundaries 33 26 Shall furnish to clerks description of boundaries 33 26 Shall appoint school officers, when 33 26 Shall apportion school funds, how, when 33 26 Shall grant temporary certificates and conduct examinations 33 27 Shall grant special certificates, when 33 27 Shall give notice of examination of teachers 33 27 Shall require all reports to be made promptly 34 27 Shall see that teachers' and clerks' records are properly kept 34 27 Shall require oaths of school district officers to be filed 34 27 Shall report directory of school district officers to county treasurer 34 27 Shall keep office open certain days and hours 35 27 Shall forfeit $50 for failure to make report 160 72 Shall send transcript of record in case of appeal 36 27 Shall receive mileage, for, when 38 28 May form new districts, how 4 14 May change boundaries of districts, how 5 15 Shall certify action to county commissioners, when 5 15 Shall apportion money to new school district, when 116 53 Shall deduct 25 per cent, of district funds, when 174 75 Shall appoint directors to fill vacancies, when 39 28 Shall decide cases of appeal 47 31 Shall appoint clerk to fill vacancy 48 32 Shall certify to directors, quarterly, of clerk's reports 50 34 Shall appoint school officers on failure to elect 33 26 Shall make record of school district boundaries and assign a number 12 17 Shall hold institutes and teachers' meetings 33 27 Shall keep detailed account of institute expenses 104 48 Shall see that fines, penalties, etc., are reported 101 72 Shall forbid payment of warrants in certain cases 102 73 Shall preserve certificates of elections 155 70 Liability to fine, when 100 72 Shall examine accounts of city districts, when 91 45 Shall report defective youth 253 94 Liability for failure to report defective youth 250 95 Shall hold competitive examination, when, for what 33 27 Penalty for not making report 100 72 Superintendent of Pdblic Instruction: When elected, term of office 20 19 Shall supervise all matters relating to public schools 22 20 Shall receive salary of $2,500 per annum 21 19 Shall report to governor, biennially, what 22 20 Shall distribute biennial reports 22 20 Shall prepare, have printed and distribute blanks, forms, books, etc 22 20 Shall travel, visit schools, deliver addresses, etc .. 22 20 Shall conduct correspondence 22 21 Shall submit statement of expenses to state auditor 22 21 Shall have printed laws, with forms 22 21 Shall be ex officio president of state board of education 22 21 Shall hold convention of county superintendents biennially 22 21 Shall apportion state school fund, how 22 21 Shall require reports from private and state institutions of learning 22 21 Shall keep directory of regents, trustees, teachers and faculties 22 21 Shall grade examination papers and issue certificates to applicants... 22 22 Shall keep on file papers and records relative to educational affairs 22 22 May make certified copies of official papers 22 22 Shall decide points of school law, and publish rulings and decisions 22 22 Shall deliver all records to successor 22 22 May employ a stenographer and appoint a deputy 23 22 192 INDEX. Superintendent Of Pcblic INSTRUCTION — Continued. Sec. Page. Shall advertise for proposals for furnishing textrbooks for common schools.. 105 48 May re-advertise for proposals 105 49 Shall render decisions on appeals 36 27 Superior Judge: Shall remove children not sent to school 177 75 Shall summon parents or guardians to show cause 171 74 T. Taxes: Annual levy in cities of 10,000 97 47 Limit of levy in cities of 10,000 98 47 Annual levy of state school fund Ill 51 Limit of levy of state school fund Ill 52 Special tax levy 112 52 County commissioners to levy interest fund 121 56 Teachers : Who are qualified teachers 51 34 Shall report to county superintendent on making contract 52 35 Shall make report at close of term or school year 52 35 Shall file copy of report with clerk before last month's salary can be paid.... 52 35 Principal or city superintendent may report in lieu of '. 52 35 Shall keep register and make statistical summaries 53 35 Shall enforce course of study and rules 54 35 Shall be employed only on written order of board 55 35 Must hold a legal certificate in force for full period of contract 55 35 Not required to teach holidays or Saturdays 56 35 Shall maintain order 57 36 May suspend pupils 57 36 Shall teach morality, patriotism, etc 58 36 Shall not maltreat pupils 167 74 May dismiss primary pupils, when 66 39 Shall be excluded from school, when 68 39 Must attend institute 99 47 Shall be entitled to compensation while at institute if teaching 102 48 Shall forfeit certificate for non-attendance at institute 168 74 Shall be exempt from maltreatment of parents and others 169 74 Penalty for abusing 169 74 Teachers' Institutes: Must beheld annually in certain counties 99 47 May be held annually, when 100 17 Duration of session 101 *« Expenses of institute, how paid 104 48 All teachers must attend 99 47 Institute fund consists of examination fees and $200 from county funds 103 48 Temporary certificates 137 64 Temporary certificates "" *" Text-Books : How adopted, how often may be changed 105 48 Shall remain in use not less than five years 105 49 Cities of 10,000 may adopt additional text-books 92 45 In case of state publication contracts shall cease 105 50 Penalty for failure to use state books 174 75 For normal schools 223 90 Free Text-Books:' Furnishing of, shall be submitted to voters June, 1897 106 50 Upon petition of five patrons votemay be had 107 50 Five hundred petitioners in cities of 10,000 107 50 Directors shall furnish books and adopt rules 1° 8 50 Third grade certificates 137 64 Treasurer — County: Shall be ex- officio treasurer of school districts 59 36 Shall receive, hold and pay out money 59 36 INDEX 193 Treasurer — County — Continued. Sec. Page. Shall certify, quarterly, funds to be apportioned 59 36 Shall make annual report to county superintendent 59 36 Shall register school warrants 59 37 Shall endorse warrants when not paid 59 37 Shall advertise warrants quarterly 59 37 Shall neither pay nor register warrants improperly drawn 62 38 Shall be ex officio treasurer of city districts 88 44 Shall submit to secretary of city district a quarterly report 88 44 Shall credit examination fees to institute fund 103 48 Shall collect and hold school funds 112 52 Shall collect special taxes 112 52 Shall pay warrants according to their presentation 114 53 Shall receive all fines and place same to credit of proper district 113 53 Shall transmit funds to state treasurer 113 53 Shall receive moneys paid by school district officers 42 30 Shall advertise school bonds for sale 119 55 Shall register school bonds 119 55 Shall canvass bids for bonds 120 55 Shall deliver bonds to purchaser and receive proceeds 120 56 Shall pay interest on bonds when due, and report 122 56 Shall notify holders of bonds of redemption 125 57 Shall publish notices, pay and cancel bonds 127 58 Shall deliver canceled bonds to directors 127 58 Trustees : Normal schools 213 87 School for defective youth 230 92 Tuition : Normal schools 221 89 School for defective youth 229 91 School for defective youth 251 94 University of Washington 183 77 u. University ok Washington: Establishment 182 77 Subjects taught 183 77 Tuition free 183 77 Admission of students is:: 77 Board of regents, to consist of. 184 7S Hoard of regents, term of office 184 78 Board of regents, vacancy 184 78 Board of regents, oatli of office 184 78 Board of regents, organization 185 7S Board of regents, meetings [85 78 Board of regents, powers and duties 186 78 Board of regents, general control [86 78 Board of regents, to prescribe courses of study 186 T'.i Board of regents, to grant diplomas 186 79 Board