A A = ^^ c Al - ^- '■ ; S C/3 : : 5 c: o m o [ = JD ? ! = O 2 m 3> -— I — 3 m ^_ rn ^ r 5 S = 33 > 7 5 — T> 4 = — C ) —MM t 1 ^^= < 5 " UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY W w / > H Code of Public Instruction OF THE State of Washington, WITH AP^P^ENIDIX, Embracing the Constitution of Washington, Official Rulings, and Blank Forms, PUBLISHED BY AUTHORITY. 1901. OLYMPIA, WASH. GWIN HICKS, . . . STATE PRINTER 1901. • \t %3(e U. - 2 A- (CO INTRODUCTION. The school laws set forth one of the duties of the Superintend- ent 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 distributed as often as any change in the laws makes it of sufficient importance, in his opinion, to justify the same." In accordance with the foregoing I herewith submit the " Code of Public Instruction," as amended by the Legislatures of 1899 and 1901. R. B. Bryan, Superintendent of Public Instruction. O k~ "7 ft A OUTLINE OF PUBLIC SCHOOL SYSTEM. TITLE I.— DIVISIONS OP TERRITORY. Chapter 1. — The State. Section 1. System to consist of. Chapter 2.— The County. 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 of. 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. — Administerative Officers. Section 19. Officers named. Chapter 2.— Superintendent of Public Instruction. Section 20. Election. Section 21. Salary. Section 22. Powers and duties. Section 23. Clerical assistance. Q OUTLINE OP PUBLIC SCHOOL SYSTEM. TITLE II— Continued: Chapter 3.— State Board of Education. Section 24. Appointment. Section 25. Meetings and expenses. Section 26. Vacancies. Section 27. Powers and duties. Chapter 4. — Board of Higher Education. Section 28. Consists of whom. Section 29. Duties. 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. Section 34. Require and tile 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. Sestion 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 OP 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. Secretary 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 Books. Section 105. Adopting board to consist of whom. OUTLINE OP PUBLIC SCHOOL SYSTEM. TITLE III.— Chapter 5— Continued. Article II. — Free Text Books. Section lu6. Board may provide free text books. Section 107. Officers may levy special tax. Section 108. Rules for care of books. Chapter 6.— School Revenues. Section 109. Principal of the common school fund. Section 110. Income exclusively for current use. Section 111. State annual school levy. Section 112. Special levy. Section 113. Fines, penalties and forfeitures. Section 114. Warrants paid in order. Section 115. New district entitled to money. Section 116. How apportioned to new district. Chapter 7. — Bonds. Section 117. Authorized. Section 118. Election to vote. Section 119. Shall advertise sale. Section 120. Board to sell to highest bidder. Section 121. County Commissioners to levy interest. Section 122. County treasurer to pay interest from interest fund. Section 123. Board to furnish lithographed bonds. Section 124. Board may refund. Section 125. Holder to notify the treasurer. Section 126. Incidental expenses. Section 127. 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. — Certificate of Teachers. Article I. Section 136. Validation of outstanding certificates. Section 137. Classification of certificates. Article II. Section 138. Life diplomas and state certificates on examination. Section 139. State certificates without examination. Article III. Section 140. Examination before county superintendent. Section 141. Subjects of examination. Section 142. Examination fee. Section 143. County superintendents forward papers. Section 144. First grades renewable. Section 145. Second examination possible when. Section 146. Temporary certificates. OUTLINE OP 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 15(5. 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 1(50. 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. lt He " or " his." Section 177. Superior judge enforce compulsory law. Section 178. Against vivisection. Section 179. Dissection permitted when. Section 180. Shall procure and display flag. Section 181. Kindergarten schools. TITLE IV.— HIGHER, AND SPECIAL INSTITUTION^ Chapter 1.— University op Washington. A rticle I. — Adm in istration . Section 182. Location and name. Section 183. Aim and purpose. 10 OUTLINE OF PUBLIC SCHOOL SYSTEM. TITLE IV. — Chapter 1. — Article I. — Continued: Section 184, Government. Section 185. Organization of board of regents. Section 186. Powers of board of regents. Section 187. The faculty. Section 188. Non-sectarian. Section 189. Attorney general the legal adviser. Chapter 2. — Agbicultural College. Section 190. Organization. Section 191. Ex-officio visitors. Section 192. Courses of instruction. Section 193. Departments. Section 194. Board of regents and their powers. Section 195. Officers and their bonds. Section 196. Duties of officers. Section 197. Adoption of by-laws. Section 198. Management of funds. Section 199. 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. Section 204. Biennial report. Section 205. Disbursements by the treasurer. Section 206. Employes shall have no interest in contracts. Section 207. 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. Chapter 3.— Normal Schools. Section 212. Establishment of normal schools. Section 213. Appointment of trustees. Section 214. Election of officers — by-laws. Section 215. Powers of board. Section 216. 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 226. 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. 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. By-laws. 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 245. 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. Repealing school laws. Section 258. Emergency declared. ADDITIONAL LAWS. 1. Registration of voters in school elections in cities of 10,000 or more. 2. Relating to vivisection and dissection. 3. Relating to compulsory attendance in cities of 10,000 or more. 4. Providing for county boards of grammar school examiners. ■>. Amending Ballinger's Code relating to refunding of bonds. Ik Relating to violation of contracts by teachers. 7. Fines, penalties and forfeitures belonging to school districts. 8. Portion of license money for sale of liquors belong to school districts. CODE OF PUBLIC INSTRUCTION. An Act to establish a general, uniform system of public schools in the State of Washington, as passed by the Legislature of 1897, and as amended by Chapters XIV and CXLII of the Laws of 1899, and by Chapters XLI, CIV and CLXXVII of the Laws of 1901 ; also embracing Chapter XXXII, Laws of 1897, being "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; " Chapter XXVI of the Laws of 1897, being "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; " Chapter CXL, Laws of 1899, being " An act providing for the compulsory attendance of children in the public schools in cities of more than ten thousand inhabitants, " and Chapter XLIX, Laws of 1901, being "An act providing for county boards of grammar school examiners, prescribing manner of appoint- ment, term of office, duties and compensation of such boards," and Chapter CXXVI, Laws of 1901, being "An act relating to school teachers who violate their contracts for teaching." Be it enacted by the Legislature of the State of Washington : TITLE I.— DIVISIONS OF TERRITORY. Chapter 1.— The State. Section 1. A general and uniform system of public state system ° J r of schools. 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, University of Washington, school for defective youth and such other educational institutions as may be established and maintained by public expense. Chapter 2 —The County. Sec. 2. For the purposes of supervision and admin- istration each county in the state shall constitute one county district. [4 CODE OF PUBLIC INSTRUCTION. Chapter 3. — The District. deflned district Sec 3 - Tlie 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 direct- ors," and shall be organized in form and manner as hereinafter provided, 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 recognized as le- gally organized districts. Formation of s EC- 4, j?ot the purpose of organizing a new district, a new district. r tr to fc> 5 a petition in writing shall be made to the county super- intendent, 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. notice to the parties interested by causing notices to be posted at least twenty (20) days prior to the time ap- pointed 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 dis- trict affected by the proposed 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 after the refusal of the county Appeal. superintendent to form or alter a school district as prayed for, if any person or school district affected by such formation or alteration, or by such refusal to form or alter a school district as prayed for, shall feel ag- grieved by the action of the county superintendent, he or it may appeal to the board of county commissioners CODE OF PUBLIC INSTRUCTION. 15 of his or its county. Said appeal shall be filed with the clerk of the board of county commissioners within twenty days after the action complained of, and shall state in a clear and concise manner the matters com- plained of, which statement shall be verified by the affidavit of the appellant or appellants or some one in his, her or its behalf. 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 : Provided, That in case Maybemed J ' with other of a vacancy in the office of clerk' of such school district, SrSSwSo^ta then the copy of the notice of appeal may be filed with clerk ' sofflce any member of the school board of such school district. The county commissioners shall, at their next regular Hearing. 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 : And provided further, That at such hearing be- f n t e£e&n$j er " fore the county superintendent he shall hear testimony flndm s s - offered by any person or school district interested and find and determine the amount of bonded and other in- debtedness of all the school districts affected by the for- mation of the new district, and shall find and determine the amount and value of all school property retained by the old district or districts, and shall find and de- termine the amount, as nearly as may be, of the said outstanding indebtedness that was incurred for per- manent improvements, and the amount incurred for current expenses, and shall make an equitable adjust- ment of all debts and liabilities between such new dis- trict and the old district or districts, and the proportion and amount of such debts and liabilities to be paid by each district, and the decision of said county superin- tendent shall be final, unless appealed from within the time provided by law : And provided further, That every ^^dMi- school district which shall be enlarged or created from territory taken from any other school district or school districts shall be liable for a just proportion of the 16 CODE OP PUBLIC INSTRUCTION. Creditors' rights not affected. Transfer of territory. Petition Filing of petition and posting of notice. existing debts and liabilities of the school district or school districts from which such territory shall be taken: Provided, That in such accounting one school district shall not be charged with any debt or liability then existing, incurred in the purchase of any school district property, or in the purchase or construction of any buildings or permanent improvements then in use or under construction (or for which obligations have been incurred) which shall fall within and be retained by the other school district, but each district retaining such property shall be liable for the indebtedness therefor: Provided further, That this shall not be construed to affect the rights of creditors : Provided further, That in case of an appeal by the school district the affidavit on appeal may be made by any school district officer of the school district so appealing: Provided further, That when an appeal is taken to the board of county commissioners as herein provided, they shall hear and determine the matter de novo and render such a decision as should have been made by the county superintendent. Sec. 5. (As amended by chapter clxxvii, Laws 1901). For the purpose of transferring territory from one district to another or enlarging the boundaries of any school district, a petition in waiting shall be presented to the county superintendent, signed by a majority of heads of families residing in the territory which it is proposed to transfer or include, which petition shall describe the change which it is proposed to have made. It shall also state the reason for desiring said change, and the number of children of school age residing in the territory to be transferred. The county superin- tendent 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 considering said petition, one of which shall be in a public place in the territory which it is pro- posed to be annexed or transferred, and one on the door of the school house in each district affected by the change, or if there be no school house in such district, then in some public place in such district or CODE OF PUBLIC INSTRUCTION. 17 districts ; and at the time stated in said notices he shall proceed to hear said petition, and if he deem it advis- able he shall grant the same and make an order fixing the boundaries of the districts affected by this action, and shall certify his action to the board of county com- missioners at their next regular meeting : Provided, That the county auditor shall, in all cases of the forma- Proviso, tion of new districts or the alteration of school district boundaries, certify the action of the county com- missioners to the county assessor and to the county superintendent : Provided further, That an appeal may proviso. be taken, as provided for in section 4 of this chapter. Sec. 6. (As amended by chapter clxxvii, Laws of 1901). In forming new districts, or transferring ter- New districts ' & ' & limited to not ritory from one district to another, or changing ^lotions 11 four boundaries of districts, no school district shall con- tain less than four sections of land, unless said dis- trict can support six months' school per year after such change of territory : Provided, That the county super- Proviso. intendent may establish a district with less than four sections on a petition signed by eighty per cent, of all the heads of families of the proposed district, by and with the consent of the State Superintendent of Public Instruction. Sec. 7. That any school district may purchase, under school house the 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. Sec. 8. That in all cases when a school house is or right e to Dce may be erected upon any school lands of this state the P urchase - 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. —2 18 CODE OF PUBLIC INSTRUCTION. Union of districts. Meeting of voters. Term of office of clerk and president. Annual election, when, Proviso. Proviso as to local condi- tions. Proviso as to course of study. Chapter 4.— Joint and Union Districts, article i.— union schools. Sec. 9. (As amended by chapter clxxvii, Laws of 1901). Whenever the residents of two or more school districts may wish to unite for the purpose of estab- lishing 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 district elec- tions ; and if a majority of the voters of each district shall vote to unite for the purposes herein stated, the boards of directors of the several districts so voting to unite shall constitute the board of directors of such union district, and shall, within ten days thereafter, meet and organize by electing one of their number president of the board, and selecting their clerk for such union district ; and the clerk and president chosen at such meeting shall hold their respective offices until the next annual school district election and until their suc- cessors are elected ; and the election of president and clerk shall occur annually thereafter, on the second Sat- urday, next succeeding the annual school district elec- tion : Provided, That in union districts consisting of three or more school districts the board of directors of said union district shall be composed of a chairman of the several boards of directors of the districts comprised in such union district: Provided, That if local condi- tions admit of it the directors of any union district may, at their discretion, admit pupils residing in such union district, belonging to [a] grade lower than the high school grades, but no pupil belonging to a grade lower than the seventh shall ever be admitted to any such union school: Provided further, That the course of study for such grade or grades shall not be inconsistent with the laws of this state, and shall be such as shall be approved by the Superintendent of Public Instruc- tion. CODE OF PUBLIC INSTRUCTION. . 19 Sec. 10. (As amended by chapter clxxvii, Laws of 1901). The board of directors and clerk provided for in the preceding section shall, in all matters re- toecTorsand lating to the union or graded schools of such dis- c trict, possess all the powers herein provided for school district officers, including the power to levy special taxes for the purpose of furnishing trans- portation to pupils to and from school and other addi- tional school facilities for the union district, or for the payment of teachers' wages, or for the purchase of fuel, supplies, globes, maps, charts, books of reference or other appliances for teaching, or for any or all of these purposes. They shall discharge all the duties and be Duty of cierk. governed by the laws herein provided for school dis- trict officers, and the clerk of such union district shall, immediately upon his election, inform the county super- intendent of the organization of the district. Upon the receipt of such notice of organization the county super- intendent shall designate such union district by num- ber, as "Union District No. — , County," and Districts to be J ' numbered. shall notify the county treasurer of the organization of such district: Provided, That such district shall be en- titled to and shall receive apportionments from the apportion 8 to state annual school fund in the manner provided by ments - law for the apportionments from the state annual fund to other school districts : Provided further, That the Superintendent of Public Instruction shall apportion p r u "^on. annually to each union district the sum of one hundred ( $100 ) dollars for each grade above the grammar grade maintained in such schools. Sec. 11. (As amended by H. B. 472, Laws of 1899). The directors of such union districts shall determine course of study. what grade or grades above the grammar grade of the state common school course of study shall be pursued and maintained in such schools : Provided, That the course of study for such grade or grades shall not be inconsistent with the laws of this state ; and the teacher or teachers of such union schools shall keep such rec- Reports. ords and make such reports as are required of teachers of schools in the districts composing such union dis- 20 CODE OF PUBLIC INSTRUCTION. tricts, and shall make such other reports as may be re- quired by the Superintendent of Public Instruction. Organization. Officers and their powers. Number of consolidated district. Property be- longing to the consolidated district. Component districts retain their corporate existence. ARTICLE II. — CONSOLIDATED DISTRICTS. Sec. 12. When two or more school districts are con- solidated by the provisions of this act, or where two or more districts are consolidated by the uniting of two or more incorporated cities or towns, as provided by law, all the directors of the several districts so consoli- dated shall constitute the board of directors of the new district so formed, and shall have all the powers and au- thority 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 action by the clerk or by the board of directors of such new district, proceed to des- ignate such new district by a number not the same as that of either component district or of any 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 or more city or town districts, as provided for in this act, shall be entitled to the funds and other public property of the other school districts so united, and the county superintendent shall apportion all funds to the new district in accordance with this provision and shall certify such apportionment to the county treasurer. Sec 14. Each school district composing said con- solidated district shall retain its corporate existence so far as and until its indebtedness has been paid in full, and the officers of said new district shall have the CODE OF PUBLIC INSTRUCTION. 21 power and it shall be their duty to provide by appro- priate 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 superin- tendent of schools. Sec. 15. When two or more school districts shall be organization or board of united by the provisions of this act, the boards of di- directors - rectors 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 dis- trict, and the clerks of the several districts so united shall deliver to said clerk all books, papers and records 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. ARTICLE III.— JOINT DISTRICTS. Sec. 16. When the public good requires it, a school when formed. 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 por- tion of their territory may lie. Sec. 17. For the purposes of forming such joint dis- organization, tricts, 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 superintendent of each such county shall post notices of the hearing of the petition before him as in the case of petitions for other districts: Pro- vided, 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 dis- trict. Each county superintendent shall conduct his hearing within his own county, and the consent of the 22 CODE OF PUBLIC INSTRUCTION. superintendents of all the counties affected shall be necessary to the formation of the district. officers. 11 ° f Such consent shall be certified in writing by each superintendent 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 district. The call for such election shall be posted as in the case of other special elections, and the officers elected shall qualify 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 oath of office, joint district shall 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. Vacancies in the office of director or clerk of a joint district 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 superintendent. Reports from Sec. 18. All reports from joint districts shall be made joint districts - 1 J me d nt to 01tion " * n ^ u ^ ^° ^e coun ty superintendent of each county af- fected thereby : Provided, That any county superintend- ent 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 fur- ther, That for the purpose of the apportionment of state school funds the district shall be considered as belong- ing to the county in which the school building is located. TITLE II.— OFFICERS, THEIR POWERS AND DUTIES. Chapter 1. — Administrative Officers. Administra- g EC . 10,. The administration of the public school tion. -i system shall be entrusted to a State Superintendent of Public Instruction, a State Board of Eudcation, a board CODE OF PUBLIC INSTRUCTION. 23 of higher education, regents or trustees for educational institutions, county superintendents of common schools, boards of directors and district clerks. Chapter 2. — Superintendent of Public Instruction. Sec. 20. A Superintendent of Public Instruction shall when elected. be 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 salary. shall receive an annual salary of twenty-five hundred dollars, payable monthly, upon warrant of the State Auditor, drawn upon the State Treasurer, in the same manner as other state officers are paid. Sec 22. (As amended by chapters xli and clxxvii, Laws of 1901). The powers and duties of the superin- tendent of public instruction shall be: First. To have supervision over all matters pertain- ing to the public schools of 'this state. Second. To report biennially to the Governor on or ^££^1, before the first day of November preceding the regular Governor - session of the Legislature, of which report three thou- sand copies shall be printed and delivered to the super- intendent of public instruction 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 state ment of the general condition of the public schools of ^au^ntain. the state, with full statistical tables by counties show- ing the number of schools and the attendance ; the state and county school funds apportioned, amount receive- 1 from special tax, and from other sources, amount ex- pended for salaries 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 building and providing school- houses, furniture and apparatus, the amount of bonded or other school indebtedness, with the rate of interest 24 CODE OF PUBLIC INSTRUCTION. Statement of plans. Printing of necessary blanks. To visit vari- ous counties of this state. Monthly state- ment to State Auditor. Proviso. Forms to be printed. Ex-offlcio president of State Board of Education. paid thereon, the reports of all state educational insti- tutions, or such portions of them as he may think ad- visable, together with such other facts as he may deem of general interest. He shall also include in his report a statement of plans for the management and improve- ment of the schools. Third. To prepare and have printed such blanks, forms, registers, courses of study, rules and regulations for the government of the common schools, questions prepared for the examination of teachers, and such other blanks and books as may be necessary for the dis- charge of the duties of teachers and officers charged with the administration of the laws relating to the com- mon 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 In- struction, for the purpose of visiting schools, of con- sulting the county superintendents, and of addressing public assemblages on subjects pertaining to public schools; also to conduct such correspondence as ma} 7 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 of his expenditures for traveling expenses : Provided, That said expenditures shall not exceed eight hundred dollars in one year. 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 distributed as often as any change in the laws make it of sufficient import- ance, in his opinion, to justify the same. Seventh. To act as ex-officio president of the State Board of Education. Eighth. To hold biennially on or before the first day of October following the election of county superin- CODE OF PUBLIC INSTRUCTION. 25 tendents, a convention of the county superintendents invention of of the state, at such time and place as he may deem fn" e ndents er convenient, for the discussion of questions pertaining to the supervision and administration of the school laws and such other subjects affecting the welfare and interests of the common schools as may be brought before it. * Ninth. Upon receipt from the State Auditor of a Apportion- r r merit of school certificate of the state school fund subject to apportion- funds - ment, to apportion within ten days said fund among the several counties of the state in proportion to the total days attendance: Provided, That each school d is- Proviso. trict shall be credited with at least two thousand total days attendance. The basis of said apportionment shall Basis - be the last annual reports of the several county super- intendents on file in his office at the time of making his apportionment: Provided further, If a pupil attends Proviso. any school of the state outside his resident district dur- ing the time the resident district maintains school of the grade in which the pupil belongs, the attendance shall be credited to the district in which the pupil re- sides, unless mutually arranged otherwise by the di- rectors, and the clerk of any district whose resident pupils are attending school in another district shall notify the clerk of the district where such pupils attend when the school of said pupils' resident district will be in session and the grades maintained ; and without such notice all claim to attendance will be forfeited. f Ninth. Upon the receipt from the State Auditor of a ^|* e e certificate of the state school fund subject to apportion- Audltor - ment, to apportion within ten days said fund among the several counties of the state, in proportion to the total days attendance: Provided, That each school dis- balance.' trict shall be credited with two thousand days attend- ance. The basis of said apportionment shall be the last annual records of the several county superintend- * This provision is from chapter xi.i. Laws of 1901, which went into el March 1, 1901. + This provision is from Chapter CLXXYn, Laws of 1901. which went into effect June 13. 1901. 26 CODE OF PUBLIC INSTRUCTION. Attendance outside of district — how credited. Annual report from state institutions. Directory of boards. Grading of standing. ents on file in his office at the time of making his apportionment: Provided further, If a pupil attends any school of the state outside his resident district, or private school within his resident district, during the time the resident district maintains school of the grade in which the pupil belongs, the attendance shall be credited to the district in which the pupil resides, un- less mutually arranged otherwise by the directors ; and the clerk of any district whose resident pupils are at- tending school in another district, shall notify the clerk of the district where such pupils attend, when the school of said pupil's resident district will be in session, and the grades maintained ; and without such notice all claim to attendance will be forfeited. Tenth. To require annually on or before the fifteenth day of August of the president, manager or principal of every seminary, academy or private school, and of the president, manager or principal of every state edu- cational 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 regents and trustees of state educational institutions, of the faculties of said institutions, and of all teachers receiving certificates to teach in the common schools of this state. * Twelfth. To grade and make records of the standing of all examination papers submitted to him by county superintendents, and to issue certificates thereon as pro- vided by law. f Twelfth. To issue common school certificates as provided by law. * This provision is from chapter xli, Laws of 1901, which went into effect March 1, 1901. t This provision is from chapter clxxvii, Laws of 1901, which went into effect June 13, 1901. CODE OF PUBLIC INSTRUCTION. 27 Thirteenth. To keep in his office, at the capital of the office records, 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 pertain- ing to the educational interests of the state, as well as a record of the meetings of the State Board of Educa- tion. He shall file all papers, reports and public Filings. 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 copies of acts, may be certified by him and attested by his official acts. official seal, and when so certified shall be evidence equally and in like manner as the original paper. Fourteenth. To decide all points of law which may J^ ^™ be submitted to him in writing by any county superin- tendent, or that may be submitted to him by any other person, upon appeal 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 Scissor! 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 Sg a a p n h d er . ishereby authorized to appoint a stenographer, and also a deputy superintendent of public instruction, who shall hold a life diploma. The compensation of both shall not exceed twenty-five hundred dollars per annum, and shall be paid in the manner prescribed for the payment of state officers. Chapter 3.— State Board of Education. Sec. 24. (As amended by chapter clxxvii, Laws of Governor to^ 1901). The Governor shall appoint, by and with of Education. the advice and consent of the state senate four suit- able persons holding life diplomas issued by authority 28 CODE OF PUBLIC INSTRUCTION. Meetings. Expenses. of this state, who, together with the Superintend- ent of Public Instruction, shall constitute the State Board of Education: Provided, That at least two mem- proviso. bers of said board shall be selected from those actually engaged in teaching in the common schools of the state. Term of office. The persons appointed members of the State Board of Education shall hold their office for two years from the first Monday in March next following their appoint- ment, and' shall serve until their successors are ap- pointed and qualified. Sec. 25. The State Board of Education shall hold an annual 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 Instruc- tion. The persons appointed as members of 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 warrant of the State Auditor, out of funds not other- wise appropriated, upon the certificate of the Super- intendent 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, whether by death, removal, resignation or other- wise, the Governor shall fill the vacancy by appoin- ment. Sec. 27. The State Board of Education ■ shall have power — First. To adopt or to re-adopt, according to law, at a special meeting to be called by the Superintendent of Public Instruction, a uniform series of text books for the use of the common schools throughout the state. Second. To prepare a course or courses of study for the primary, grammar and high school departments of the common schools, and to prescribe such rules for the general government of the common schools as shall secure regularity of attendance, prevent truancy, secure Vacancies. Powers and duties. Adopt text books. Prepare courses of study. CODE OF PUBLIC INSTRUCTION. 29 efficiency and promote the true interests of the common schools. Third. To use a common seal, and to elect one of fecretLy. their own members as secretary, who shall keep a cor- rect record of all proceedings of the board, and shall file a certified copy of the same in the office of the Su- perintendent of Public Instruction. Fourth. To sit as a board of examination at their P^^f 111 " annual or special meetings, and to grant state certifi cates and life diplomas. Fifth. To prepare a uniform series of questions to be questions for used by the county superintendents in the examination ° n ) ations! xa ' m of teachers, and to determine rules and regulations for conducting the same. Chapter 4. — Board of Higher Education. Sec. 28. The board of higher education shall consist consists of ° whom. of the State Board of Education, together with the pres- ident of the University of Washington, the president, of the State Agricultural College and School of Science, and the principals of the state normal schools. Sec. 29. The board of higher education shall have barmonfze the power, and it shall be their duty, to adopt courses stud y esof of study for normal schools, and for the preparatory requirements for entrance to the University of Wash- ington and to the agricultural college. The board shall arrange such courses and adopt and enforce such reg- ulations as will place the state institutions in harmon- ious 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. (As amended by H. B. 472, Laws of 1899.) f n ° t 3nSf r " . • , i e Liiiii term of office. A county superintendent ot common schools shall be elected in each county of the state at each general election, whose term of office shall begin on the first Election. Monday in August next succeeding his election and continue for two years and until his successor is elected and qualified. He shall take the oath or affir- mation of office, and shall give an official bond in a sum to be fixed by the board of county commissioners. 30 CODE OF PUBLIC INSTRUCTION. Deputy. Vacancies. Eligibility. In small counties. Official ballot. Powers and duties. 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, sub- ject, however, to revision by the county superintendent. The county commissioners of each county shall fill any vacancy that may occur in the office of county super- intendent 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 superin- tendent of common schools if he shall have taught in the public schools of this state at least nine school months, and shall hold at 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 any person upon the official ballot as a candidate for the office of county superintendent of common schools unless such person 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. (As amended by H. B. 472, Laws of 1899). Each county superintendent shall have the power, and it shall be his duty — First. To exercise a careful supervision over the common 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. CODE OF PUBLIC INSTRUCTION. 31 Second. To visit each school in his county not less visit schools, than once each year. Third. To distribute promptly all reports, laws, ^^ ute forms, circulars, and instructions which he may re- ceive for the use of the schools and the teachers. Fourth. To enforce the course of study adopted by the State Board of Education and to enforce the rules and regulations required in the examination of teachers. Fifth. To keep on file and preserve in his office the biennial reports of the Superintendent of Public In- struction and of the county superintendent of his county. Sixth. To keep in good and well-bound books, to be Keep records. furnished by the county commissioners, records of his official acts. Seventh. To preserve carefully all reports of school officers and teachers, and at the close of his term of office, to deliver to his successor all records, books, documents and papers belonging to the office, taking a receipt for the same, which shall be filed in the office of the county auditor. Eiqhth. To administer oaths and affirmations to Administer •* oaths. school 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 ^n®? a r c e t s°£? of of all persons under contract to teach in the schools of teach ' his county, showing the number of the school district, the date of the contract, the names of the contracting parties, the date of the expiration of the teacher's cer- tificate and the grade thereof, the salary paid, and the date of commencing school, with the length of the term in weeks. Tenth. To make an annual report to the Superin- report*o n su- tendent of Public Instruction on the first day of August gpSSto" 1 * 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 32 CODE OF PUBLIC INSTRUCTION. Keep tran- script of boundaries. Appoint school district officers. To apportion school funds. Grant temporary certificates. other matters as the Superintendent of Public Instruc- tion 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 incorrectly described, he shall change, harmonize and describe them, and at their next regular meeting, he shall certify his action to the county com- missioners of his county, and shall file with them a complete transcript of tiie 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, furnish the district clerks with descriptions of the boundaries of their respective districts. Tivelfth. To appoint directors and district clerks to fill vacancies caused by death, resignation, failure to hold election, failure to qualify before the day for taking office, and absence from the district for a period of ninety days ; to appoint directors and direct 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 rilled by appointment. Thirteenth. To apportion within ten days after re- cieving the certificate of apportionment of the Super- intendent of Public Instruction, the state annual school fund, and such other funds as are subject to apportion- ment, 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 apportioned to that district. Fourteenth. To grant such temporary and special cer- tificates and to conduct such examinations of teachers and make such records thereof as may be prescribed by law : Provided, That he shall give ten days' notice CODE OF PUBLIC INSTRUCTION. 33 of such examination by publication in some newspaper of general circulation published in his county, or if there be no newspaper, then by posting up hand bills, or otherwise. Fifteenth. To hold teachers' institutes according to Hold J . institutes. law, and to conduct such other meetings of the teachers of his county as may be for the best interests of the schools. Sixteenth. Upon receipt of the report of the clerk and attendance at any time upon the complaint of the clerk or a parent of the school or any member of the board of directors of any school district that any child is not attending school as required by law, to immediately notify the parents or guardian of such child that the law must be complied with and otherwise endeavor to procure the attendance of such child at school. Sec. 34. The county superintendent shall require all General duties. reports of school district officers, teachers and others to be made promptly as required by law. He shall see that the teacher's register is kept in accordance with law and the instructions of the Superintendent of Public Instruction, and that the records of school dis- trict clerks are properly kept. He shall require the oaths of office of all school district officers to be filed in his office, and shall furnish a directory of all such officers to the county treasurer, upon blanks to be fur- nished by the Superintendent of Public Instruction, as soon as the election or appointment of such officers is determined and their oaths placed on file. Sec. 35. He shall keep his office open for the trans- omcedays. action of official business such days each week as the duties of the office may require, and shall keep posted on the door of his office a notice of said office days and hours of such days. Sec. 36. Any person or board of directors aggrieved d e P cwfon fr how by any decision or order of the county superintendent taken ' may, within thirty days after the rendition of such a decision or making of such order, appeal therefrom to the Superintendent of Public Instruction. The basis —3 34 CODE OF PUBLIC INSTRUCTION. of the proceeding shall be an affidavit by the party aggrieved, filed with the Superintendent of Public In- struction within the time for taking the appeal. The affidavit shall set forth the errors complained of in a plain and concise manner. The Superintendent of Public Instruction shall, within five days after the fil- ing of such affidavit in his office, notify the county superintendent in writing of the taking of such appeal, and the county superintendent shall, within twenty days after being thus notified, file in the office of the Superintendent of Public Instruction a complete tran- script of the record and proceedings relating to the decision complained of, which shall be certified to be correct by the county superintendent. The Superin- tendent of Public Instruction shall examine the tran- script of such proceedings and render a decision thereon, but no new testimony shall be admitted, and his decision shall be final unless set aside bv a court of competent jurisdiction, missionersto ^ec. 37. (As amended by chapter clxxvii, Laws suplrinte°nd nty of 1901). The county commissioners shall provide rooXbooks 06 the county superintendent with a suitable office at the county seat, and all necessary blanks, books, station- ery, postage, printing and other expenses of his office shall be paid by the county treasurer out of the county fund upon a sworn statement made quarterly and al- Proviso. lowed by the county commissioners: Provided, That, as to the necessity for the printing and issuance of cir- culars of information pertaining to the schools of his county, for the use of schools, school officers and teach- ers, the county superintendent shall determine. Sec. 38. (As amended by chapter clxxvii, Laws of Mileage. 1901). For each mile actually and necessarily trav- eled in the performance of their official duties and in attendance on the convention of county superin- tendents, called by the Superintendent of Public In- struction, county superintendents shall be allowed mileage as follows: In each county of the first, second, Five cents per third, fourth, fifth, sixth, seventh, eighth, ninth, and mile. tenth classes, five cents per mile; in each county of the CODE OF PUBLIC INSTRUCTION. 35 eleventh class and all counties having a higher class m ^ e cerits per number than the eleventh, ten cents per mile: Provided, That no county superintendent shall be allowed to charge or collect any fee for the performance of any other duties herein named: Provided further, That no m°i?ea£e C not e constructive mileage shall be charged. Chapter 6.— District Directors. *Sec. 39. (As amended by chapter xli, Laws of Directors, x «*■«■' when elected. 1901). Directors of school districts shall be elected at the regular annual school election. At the first annual election in all new districts, three directors shall be elected, for one, two and three years, respectively. No Eligibility. person shall be eligible to the office of school director who is not able to read and write the English language. The ballot shall specify the term for which each is to be elected. In all districts in which elections have of e toe°c f tors ce been previously held, one director shall be elected for the term of three years, and if any vacancies are to be filled a sufficient number to fill them for the unexpired term or terms ; and the ballot shall specify the re- spective terms for which each director is to be elected. Directors elect shall take office on the first Monday in Assume office. June next succeeding their election and shall hold office until their successors are elected and qualified. In case of vacancy in the board of directors from any cause the county superintendent shall fill such vacancy by appointment until the next annual election. f Sec. 39. Directors of school districts shall be elected at the reguar annual school election. At the first an- f 1 i e r c s t t i o n inual nual election in all new districts three directors shall be elected, for one, two, or three years, respectively. No person shall be eligible to the office of school di- Eligibility. rector who is not able to read and write the English language. The ballot shall specify the term for which each is to be elected. In all districts in which elections have been previously held, one director shall be elected *This provision is from chapter xli, Laws of 1901, which went into effect March 1,1901. t This provision is from chapter clxxvu, which went into effect June 13, 1901. 36 CODE OF PUBLIC INSTRUCTION. Take office - when. Vacancies. Employment of teachers. Proviso. Enforcement of rules. Provide matei-ials. Purchases must be ap- proved by board. for the term of three years, and if any vacancies are to be filled, a sufficient number to fill them for the unex- pired term or terms ; and the ballot shall specify the respective term for which each director is to be elected. Directors-elect shall take office on the first Monday in June next succeeding their election, and as soon there- after as practical shall meet and organize by selecting one of their number as chairman, and they shall hold office until their successors are qualified. In case of vacancy in the board of directors from any cause, the county superintendent shall fill such vacancy by ap- pointment until the next annual election. Sec. 40. (As amended by Laws of 1901). Every board of directors, unless otherwise specially provided by law, shall have power, atad it shall be their duty — First. To employ, and, for sufficient cause, to dis- charge teachers, mechanics or laborers, and to fix, alter, allow, and order paid their salaries and compensation : Provided, however, That no board of directors shall, before the first Monday in June hire any teacher or teachers whose term of teaching does not commence prior to the first Monday in August. Second. To enforce the rules and regulations pre- scribed by the Superintendent of Public Instruction and the State Board of Education for the government of schools, pupils and teachers, and to enforce the course of study prescribed by the State Board of Edu- cation. * Third. To provide and pay for materials and supplies as may be necessary for the schools and to purchase such school furniture, charts or other apparatus as may have the written approval of the county school superintendent as to quality and price: Provided, That such purchases of furniture, charts or other apparatus shall be approved at a meeting of said board at which all members shall be present. f Third. To provide and pay for such materials, sup- * This provision is from chapter xli, Laws of 1901, which went into effect March 1, 1901. t This provision is from chapter clxxvii. Laws of 1901, which went into ef- fect June 13, 1901. CODE OF PUBLIC INSTRUCTION. 37 plies and libraries as may be necessary for the schools, ^ncTpay for and to purchase such school furniture, charts or oth"er materials ' etc - apparatus as may have the written approval of the county school superintendent as to quality and price: Provided, That all such purchases of furniture, charts Purchases 1 must be made or other apparatus shall be approved at a meeting of ^°f n r 5 said board, at which all members shall be present. Fourth. To rent, repair, furnish and insure school school houses, houses. Fifth. To build or remove school houses, purchase or an^renfovai sell lots or other real estate when directed by a vote of the district to do so: Provided, That a school house already built shall not be removed, nor a new site for a Proviso, school house be designated except when directed by a two-thirds vote of the electors of such district at an election to be held for that purpose which election may be a special or general school election. Sixth. To purchase personal property in the name of property 1 , the district, and to receive, lease and hold for their dis- trict any real or personal property. Seventh. To suspend or expel pupils from school who fnd P e^p S ui°ion refuse to obey the rules thereof, and may exclude from of P u P lls - school all children under six years of age. Eighth. To provide free text books and supplies to Textbooks. be loaned to the pupils of the schools when directed by a vote of the district to do so, and if not so directed to provide books for children of indigent parents on the written report of the clerk after investigation that the parents of such children are unable to purchase the same. Ninth. To require all pupils to be furnished with Quired 01 '"' such books as may have been adopted by the State Board of Education as a condition to membership in the schools. Tenth.' To exclude from school and school libraries c ^.t a 'in lon ° all books, tracts, papers and other publications of an b00ks immoral or pernicious tendency or of a sectarian or partisan character. Eleventh. To authorize the school room 'to be used for x'scof school room for other summer or night schools, literary, scientific, religious, purposes. 38 CODE OF PUBLIC INSTRUCTION. Liable for debts of district. Non-resident attendance and tuition. Make by-laws. Meetings of board. May convey property. political, mechanical or agricultural societies, under such regulations as the board of directors may adopt. Twelfth. To require teachers to conform to the pro- visions of the school law. Sec. 41. Any board of directors shall be liable as directors in the name of the district for any judgment against the district, for any salary due any teacher, and for any debts legally due, contracted under the provisions of this act, and they shall pay such judg- ment or liability out of the school funds to the credit of the district. Sec. 42. (As amended by H. B. 472, Laws of 1899.) Any board of directors shall have power to make ar- rangements with adiilts wishing to attend school or with the directors of /another district for the attendance of such children in the school of either district as may be best accommodated therein : Provided, That in case such arrangements are not made, or children from school districts not adjoining desire to attend school in their district, they may charge reasonable tuition for such attendance : Provided, further, That all moneys collected by any school district officer for the use of the district shall, within thirty days after the date of its collection, be turned over to the county treasurer and placed to the credit of the district. Sec. 43. Any board of directors shall have power to make such by-laws for their own government, and the government of the common schools under their charge, as they deem expedient, not inconsistent with the pro- visions of this act, or the instructions of the Superin- tendent of Public Instruction or the State Board of Education. A regular meeting of each board of di- rectors shall be held on the first Saturday of February, May, August and November. They may, however, hold such other special or adjourned meetings as they may from time to time determine, or as may be specified in their by-laws. Sec. 44. The board of directors of each school district shall -have custody of all school property be- longing to the district, and shall have power, in the CODE OF PUBLIC INSTRUCTION. 39 name of the district or in their own names as directors of the district, to convey by deed all the interest of their district in or to any school house or lot directed to be sold by vote of the district, and all conveyances of real estate made to the district, or to the directors thereof, shall be made to the board of directors of the district and to their successors in office ; said board, in the name of the district, shall have power to transact all business necessary for maintaining schools and protecting the rights of the district; and it shall be the duty of the directors of every school district to issue and sign warrants, as such directors, for the pay- sign warrants. ment of all demands audited and allowed against their district, and to sign, execute and acknowledge, as such directors, deeds for the conveyance of all real estate Executedeeds. sold by them as in this section provided. Sec. 45. It shall be unlawful for any director to have J^enopecu- any pecuniary interest, either directly or indirectly, in in contracts. any erection of school houses, or for warming, venti- lating, furnishing or repairing the same, or be in any manner connected with the furnishing of supplies for the maintenance of schools, or to receive or accept any compensation or reward for services rendered as di- rector. Sec. 46. It shall be unlawful for any board of direc- feSeLess tors to contract indebtedness against their district in '' any one year in any sum or sums exceeding the aggre- gate of the amount due to said district during the year from state funds, the amount of special tax levied for the year and the estimated receipts from other sources, unless said indebtedness be authorized by a vote of the electors of said district. Sec. 47. Any person aggrieved by any decision or ^^^ per . order of the board of directors may, within thirty days intendent ' after the rendition of the decision or making of such order, appeal therefrom to the county superintendent of the proper county ; the basis of such proceedings shall be an affidavit hied by the party aggrieved with the county superintendent within the time for taking- appeal. The affidavit shall set forth the errors com- 40 CODE OF PUBLIC INSTRUCTION. plained of in a plain, concise manner. The county superintendent shall, within five days after the filing of such affidavit in his office, notify the clerk of the proper district, in writing, of the taking of such appeal, and the latter shall, within ten days after being thus notified, file in the office of the county superintendent a complete transcript of the record and proceeding re- lating to the decision complained of, which shall be certified to be correct by the clerk of the district, appeal ° f After the filing of the transcript aforesaid in the office, he shall notify in writing all persons interested of the time and the place where the matter of the appeal will be heard by him. At the time thus fixed for the hear- ing he shall hear the testimony of either party, and for that purpose may administer oaths if necessary, and he shall make such decision as may be just and equitable, which shall be final unless appealed from, as provided for in this act. Chapter 7. — District Clerk. fe/mofofflce. Sec. 48. (As amended by H. B. 472, Laws of 1899). A district clerk shall be elected in each district at each annual election, to hold office for one year, beginning on the first Monday in August next succeeding his election, and until his successor is elected and qualified. vacancy. j n case f vaca ncy in the office of district clerk from any cause, the county superintendent shall fill such vacancy by appointment until the next annual election. Sec. 49. (As amended by H. B. 472, Laws of 1899). cierk. s ' The duties of the district clerk shall be as follows : First. To attend all meetings of the board of direc- tors ; but if he shall not be present the board of directors shall select one of their number to act as clerk, who shall certify the proceedings of the meet- ing to the clerk of the district, to be recorded by Keep records, him. He shall keep his records in a book to be furnished by the board of <. 'sectors, and he shall copfeYot an preserve copies of all reports made to the county su- perintendent, and safely preserve and keep all books and documents belonging to his office, and shall turn the same over to his successor. CODE OP PUBLIC INSTRUCTION. 41 Second. To keep accurate and detailed accounts of all receipts and expenditures of school money. At each book e for record annual school meeting the district clerk must present mspe ' his record book for public inspection, and shall make a statement of the financial condition of the district and of the action of the directors, and such record must always be open for public inspection. Third. To take annually, in June of each year, an Take census. exact census of all children and youth between the ages of five and twenty-one years who were bona fide residents of the district on the first day of June of that year; and he shall designate the number of weeks each child between the ages of six and twenty-one years has attended school during the school year ; the names and sex of all children subject- to enumeration, together with the names of their parents or guardians : Pro- vided, That Indian children not living under the guardianship of white persons, or who have not sev- ered their tribal relations, or Mongolian children not native born, shall not be included in said census. He shall note all defective youth between the ages of five Note a ^ d J ° report de- and twenty-one years; and he shall, on or before the fective youth. fifteenth day of July, make to the county superintend- ent a full and complete report of all children enumer- ated, together with a complete statistical report of the affairs of his district, which report shall be verified by affidavit. Said report shall be made upon blanks to be furnished by the Superintendent of Public In- struction, and shall contain such items of information as said superintendent shall require, including the fol- lowing:: The names of all persons, male and female, Report to & L ' ' contain. between the ages of five and twenty-one years, residing in the district on the first day of June last past, to- gether with the number of weeks each has attended school during the last school year; the names and residences of the parents or guardians of all such chil- dren ; the number of schools or departments taught during the year, and the branches taught; the num- ber of children, male and female, enrolled in school, Enrollment. and the average daily attendance; the number of 42 CODE OF PUBLIC INSTRUCTION. Text books used. Value of furniture. Amount of funds raised. Account of expenses incurred by clerk. Give notice of meetings. Report name of teacher. Report to county treas- urer all war- rants drawn. teachers employed, and their compensation per month ; the number of days school was taught during the past school year, and by whom ; the text-books used, and the number of volumes, if any, in the school district library; the aggregate amount paid teachers during the year ; the number of school houses in the district, and the value of them ; the aggregate value of all school furniture and apparatus belonging to the dis- trict; the amount raised by special tax during the year for the support of schools, and for buildings, sites and furniture; the amount raised by subscription, or by other means than taxation ; the amount of bonded in- debtedness of the district, and the rate of interest paid ; the amount of all other indebtedness, and such other items as the Superintendent of Public Instruction may deem of importance, and as may be provided for in the blanks furnished for said report, and the clerk shall keep on file a duplicate copy of said report. Fourth. To keep an accurate account of all expenses incurred by him in his district in keeping the school house in repair, in providing for necessary janitor work, and in providing school supplies, and for other expenses incurred by him on account of the school, which accounts must be audited by the board of direc- tors, and paid out of the district school fund. Fifth. To give the required notice of all annual or special elections ; also, to give notice of the regular and special meetings of the board of directors as herein authorized. Sixth. To report to the county superintendent at the beginning of each term of school the name of the teacher and the proposed length of the term, and to supply the teacher with the school register furnished by the Superintendent of Public Instruction. Seventh. To issue and countersign all warrants or- dered to be issued by the board of directors, and to report to the county treasurer on or before the first Monday of each calendar month all the warrants drawn by the directors of his district, giving date, number and fund on which each warrant is drawn. CODE OF PUBLIC INSTRUCTION. 43 non- attendance. Eighth. To report to the county superintendent on or before the first day of December of each year the at°tendanc name and residence of every child that failed to at- tend school as required by law, and shall submit, at their next regular meeting, a duplicate of said report to the school board of his district Sec. 50. The district clerk shall receive three dollars compensation. per day for the time actually and necessarily spent in taking the census and making his report, and he shall receive such other reasonable compensation for other services as the directors shall allow, said accounts to be audited and paid by the directors out of the funds of the district: Provided, That no account for services rendered by any district clerk shall be audited or al- lowed by any board of directors, or any warrant issued for the payment of any such accounts, until he shall have filed with the board of directors a certificate of ^fat reports the county superintendent of his county that all re- nfade. e ports required by law have been properly made ; and it shall be the duty of the county superintendent to make out and transmit to the clerks of such districts as have made all the reports as required by law, on or before the last Saturday of the months of January, April, July and October of each year, the certificates required by this section. Chapter 8. —Teachers. Sec. 51. No person shall be accounted as a qualified fl^teacb'.'^ 1 ' teacher, within the meaning of the school law, who has not first received a certificate issued by the Superin- tendent of Public Instruction ; or who has not a state certificate or life diploma from the state board of edu- cation, or who has not a temporary certificate or a special certificate granted by the county superintendent according to law : Provided, That nothing in this sec- tion shall be construed as invalidating any certificate in force at the time of its passage, but the same shall remain in force for the period for which each was is- sued. Sec. 52. Every teacher employed in any common 44 CODE OF PUBLIC INSTRUCTION. Report of con- tract to teach. Report at close of school term or year. City superin- tendent or principal may report. Must keep register. Final report. Enforce course of study. school shall make a report to the county superintend- ent 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 certificate, 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 of the school year, or who shall teach the last term of any school year, in any school district, shall make a report to the county superintendent immedi- ately upon the close of such school year or term, for the entire time taughit 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 directors 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 superintendent, the report of such superintendent shall be accepted by the county superintendent and the directors in lieu of the teacher's report, and that when there is no city superintendent, 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 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 summaries made and the statistics entered, or until, by personal examination, they shall have satisfied themselves that it has been done. Sec. 54. (As amended by H. B. 472, Laws of 1899). Teachers shall faithfully enforce in the schools the course of study and regulations prescribed, and shall CODE OP PUBLIC INSTRUCTION. 45 furnish promptly all information relating to the schools which may be requested by the county superintendent. Sec. 55. No teacher shall be employed except bv writtenrecord x J x ^ of employ- Written order of a majority of the directors at a regular ment - or special meeting thereof, nor unless the holder of a legal teacher's certificate in full force and effect for the full period covered by said contract. Sec. 56. (As amended by H. B. 472, Laws of 1899). No teacher shall be required to teach school on Satur- fond-ays. o!ays, or on Thanksgiving Day, Christmas, New Year and Fourth of July: Provided, That if the foregoing holidays fall on Sunday, the teacher shall not be re- quired to teach on the following Monday, and no de- duction 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 the power to hold P * u a p y il s USpend 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 during 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 practicable for their deci- sion. Sec. 58. It shall be the duty of all teachers to en- Teach J morality and deavor to impress on the minds of their pupils the patriotism. principles of moralty, 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 Amer- ican citizenship. Chapter 9.— County Treasurer. Sec. 59. The county treasurers of the several counties Treasurers of school of this state shall be ex officio treasurer of the several districts. 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 46 CODE OF PUBLIC INSTRUCTION. andpay out suc ^ school districts, and to pay them out upon war- schooi funds. rants or orc i ers f the board of directors of the districts to which they belong. i^°nds r subject Second. To certify to the county superintendent of to apportion- i i <. i • j. t i .c j. e i ment common schools oi his county, July nrst of each year, and quarterly 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. ann™aireport. Third. To make annually, on or before the fifteenth day of July, a report to the county superintendent of his county, whichj 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 of each school district during the school year ending June 30, last past, and the sources from which said funds were de- rived ; 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. warrants 61 " Fourth He shall keep a register of all school district warrants 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 before payment. Whenever any school district warrant shall be pre- sented 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 possession for that purpose ; but if there be no funds in his possession for that purpose he shall en- CODE OF PUBLIC INSTRUCTION. 47 dorse upon the back of said warrant the words, " Pre- sented and not paid for want of funds," together with ^taSf the date of said endorsement, and thereafter said war- rant 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 ^ f d ^ fc r ^ a11 treasurer to advertise, quarterly, all warrants which he is prepared to pay, in the same way in which he is re- quired 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 s 1 h al gJ urnover election or otherwise, he shall immediately deliver to his successor in office all books, papers and moneys pertaining to his office. Sec. 61. Every person elected or appointed to any^e° athof office mentioned in this act shall, before entering upon the discharge of the duties thereof, take an oath or af- firmation 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 appointment or commission, his oath or affirmation shall be endorsed thereon and sworn to before any officer authorized to administer oaths. School officers are hereby author- ^ a y admin- J ister oaths. ized to administer all oaths or affirmations appertain- ing to their respective offices without charge or fee. All oaths of office as herein provided shall, when prop- erly made, be filed with the county superintendent of schools. Sec. 62. Every school district director or clerk shall, snaii aie J ' signature. on assuming the duties of his office, place his signa- ture, certified to by some school district officer, on file in the office of county treasurer ; and it shall be un- lawful for any county treasurer to pay or register any school district warrant if the signatures are not on file 48 CODE OF PUBLIC INSTRUCTION. Authority of officers validated. Common schools defined. Subjects to be taught. School day. in his office or do not correspond to the certified signa- tures therein filed. Sec. 63. Nothing in this act shall be so construed as to invalidate the authority of any school officer ap- pointed 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 pass- age of this act. 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 ad- mission of all children between the ages of six and twenty-one years residing in that school district. Sec. 65. All common schools shall be taught in the English language, and instruction shall be given in the following branches, viz. : Reading, penmanship, or- thography, written arithmetic, mental arithmetic, geography, English grammar, physiology and hygiene with special reference to the effects of alcoholic stimu- lants 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 cultiva- tion 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 teaching of kindness to not only our domestic animals, but to all living creatures. Sec. 66. The school day shall be six hours in length, exclusive 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, exclu- CODE OF PUBLIC INSTRUCTION. 49 sive of any intermission at noon. The school month school 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 school year. of July and end with the last day of June. Sec. 68. No teacher, pupil or ianitor shall be per- contagious 7 r L J x - diseases. mitted to attend school from any house in which smallpox, varioloid, scarlet fever, diphtheria or any other contagious or infectious diseases are prevalent. lio teacher, pupil or janitor shall be permitted to re- turn to school from any house where the above men- tioned diseases, or any form of them, have prevailed, until three weeks shall have elapsed from the begin- ning of convalescence of the patient, or upon the cer- tificate of a registered physician in good standing that there is no danger of contagion. In case of whooping cough, chicken pox and measles, certified by a physi- cian 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 Pupiisshaii 1 x "* _ comply with schools shall comply with the regulations established regulations. in pursuance of 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 disobedience or open defiance of authority of the teacher shall consti- tute good cause for expulsion from school. Sec 70. All school districts in this state shall main- %™& u £ tain school during at least three months each year. sch001 tenrL All graded school dictricts in incorporated cities and towns shall maintain school during at least six months each year. Sec 71. All parents, guardians and other persons in £u m nda1ice y in this state having or who may hereafter have immediate rural dlstncts 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 : Provided, That in *^ r o£ ed graded school districts in incorporated cities and towns 50 CODE OP PUBLIC INSTRUCTION. Incorporated towns. Shall employ a principal. Course of study. such children shall be sent to school at least six months in each year. Chapter 2.— Graded and High Schools. Sec. 72. (As amended by H. B. 237, Laws of 1899.) Each incorporated city of town in the state shall be com- prised in one school district, and shall be under the control of one board of directors : Provided, That noth- ing 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 organised prior to the incorporation of any city or town, except in cases of incorporation of cities or towns lying partly in two or more school dis- tricts organized prior to the incorporation of such city or town, or 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 fur- ther, That the fact of the issuance of bonds by school districts, heretofore or hereafter, shall not prevent the formation of new school districts, whether or not such bonds have been redeemed, cancelled, or paid in whole or in part; and shall not prevent the transfer or unit- ing with another school district of a portion or the whole of a district where bonds have been or may here- after be issued. Sec. 73. In all such city or town districts where the number of children of school age is sufficient to require the employment of more than one teacher, the board of directors shall designate one of such teachers as prin- cipal, and such principal shall have general supervi- sion over the several departments of his school. The school or schools in such city or town districts shall be graded in such a manner as the directors thereof shall deem best suited to the wants and conditions of such districts : Provided, That the course of study established for such districts shall not be inconsistent with the laws of this state. CODE OF PUBLIC INSTRUCTION. . 51 Sec. 74. The directors of such city or town districts wherein schools are maintained in two or more build- a cny super- y ings shall elect one city or town superintendent, who " may be a teacher in the schools of such district, and such city or town school superintendent 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 superintend- fityTuperin- ent to report to the Superintendent of Public Instruc- ten ent ' tion such facts relative to the grading, course of study, enrollment, 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 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) district. ° lty school district No ," in county, State of Washington, and the board of directors thereof shall constitute a body corporate and possess all the usual ^^.^te powers of a corporation for public purposes, and in that name and style may sue and be sued, purchase, hold, and sell such personal and real estate, and 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 corporate limits of any city shall, upon the organiza- tion of a district under the provisions of this act, vest immediately in the new district, and the board of di- rectors by this act provided, shall have exclusive control of the same for all the purposes herein contemplated. Sec 76. The said board of directors shall consist of Board of Ave members. five members, who shall be elected by ballot by the qualified electors of the district, and shall hold their offices for a term of three vears, and until their sue- 52 CODE OF PUBLIC INSTRUCTION. cessors are elected and qualified : 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 further, That at members. the nrs t election of members subsequent to the passage of this act, it shall be so arranged by the members- elect drawing lots, that the term of two members shall expire in one year, the term of two members shall ex- pire in two years, and the term of one member shall expire in three years after the said first election. Section Sec - 77 - Tne re g u lar district election shall be held annually in each district contemplated by this chapter on the first Saturday of\ November. The board of di- rectors shall cause written or printed notices to be posted, specifying the day and the places of such elec- tion, 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 Notices posted each ward in the district at least twentv (20) davs pre- twenty days. . •/ \ j j r vious to the time of election. Said notices shall also be published for the same length of time in two daily papers published in the district, 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 voters residing in the district may give such no- tice over their own names, and such election mav be held after the day fixed by this act for such election. All elections shall be by ballot, and in the absence of sha"i blTopen. an y n °ti ce specifying the hour, the ballot box shall be open at 1 o'clock p. m. and be closed at 8 o'clock p. m. Sec. 78. (As amended by H. B. 472, Laws of 1899). Jrovidev^S 1 The Doar d of directors shall, at a regular meeting, pro- piaces. y -^ e no ^ more than two voting places 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 the state applicable thereto not otherwise provided for : Provided, That only those per- sons, male and female, who have complied with the CODE OF PUBLIC INSTRUCTION. 53 laws governing registration in cities of the class for which this section 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. In cities of ten thousand (10,000) or more inhabitants, books of registration shall be open for the purpose of registration at not more than two convenient places in the district to be designated by the board of directors, on each day between the hours of 9 o'clock a. m. and 4 o'clock p. m. of 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, except only on the last day, not Sun- day or a legal holiday, preceding the day of said elec- tion, said books shall again be opened during the hours specified for the purpose of further registration. The secretary of the board shall give notice of the closing of the books of registration in his district by a notice published in a newspaper of general circulation, pub- lished in his district, at least ten days before the day for first closing of said books : Provided, hoivever, That any elector of said district who has duly registered as a voter at any general election in said district shall be allowed to vote at the next succeeding school election held in the same year without registration. Should any of the judges be absent at the opening of the polls, the electors present shall appoint a legal voter, who, upon taking- oath, shall be qualified to fill the vacancy. Sec. 79. The board of directors shall, upon closing ^vassand the polls, receive the returns at the time and the place returns? 6 it shall direct, and shall, within five (5) days from said election, meet as a canvassing board, and in the presence of any duly qualified justice of the peace in and for said county, canvass the returns and ascertain the result. The result of said election shall be certified by the board of directors to the county school superin- tendent, who shall preserve said certificate, entering county super- r " mtendent to upon his records the receipt of said certificate and the ™t° rd certifl- names of the person or persons elected as members of 54 CODE OF PUBLIC INSTRUCTION. such board of directors for said district, together with the terms for which elected. take C oath shaU Sec. 8 ^. -^-11 persons elected as members of the board of directors shall, within ten (10) days thereafter, ap- pear 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 provided. The Term of office, term of office of persons so selected shall begin on the first Saturday of the month following their election, 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 ^oretary? 1 elect annually a secretary, 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. ^vavoo!vo y te. Sec - 81 - Tne election of the officers of the board of directors, the city superintendent, the secretary, teach- ers 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. Resident ^ec. 8 2- ^ sna ^ be tne duty of tne president to preside at all meetings of the board, and to perform such other duties as the board may prescribe. Duty of vice Sec. 83. It shall be the duty of the vice president to president. ^ perform all the duties of president in case of his ab- sence or disability. Duty of g EC 84 it ghaii be the duty of the secretary to be present at all the meetings of the board, to keep an accu- rate 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 CODE OF PUBLIC INSTRUCTION. 55 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 ggg s ive duties, 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 Superintend board, make a complete and detailed record of his trans- bmldin s s - actions as purchasing agent of the board and as super- intendent of buildings, which shall be combined with his annual report, to be published in the manner deter- mined by the board. Sec. 86. The regular meetings of the board of direct- ^^^ ors 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 de- mand, 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 ° h * c b e ° rd office were all regular meetings shall be held, and all records, vouchers and other important papers belong- ing to the board may be preserved, and at all times be ready for inspection of resident taxpayers. Sec. 88. The county treasurer shall be the ex officio Usurer shall treasurer of the board of directors ; he shall prepare SfdiSt. 61 and submit to the secretary, in writing, on the first day of January, April, July and October of each year, a re- port 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 secre- tary. Sec. 89. The board of directors shall have the power 56 CODE OF PUBLIC INSTRUCTION. Vacancies in the board. Quorum. Forfeiture of office. Auditing committee County super- intendent to examine accounts and report to county com- missioners. Powers and duties. To employ a superin- tendent. To enforce rules and adopt text-books. to fill, by election, any vacancy which may occur in its bod}'', 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 directors shall contstitue a quorum, but a less number in attendance 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 commit- tee, to be styled the "auditing committee," and no ex- penditure greater than two hundred dollars ($200) shall be voted by the board except in accordance with a written contract, nor shall any money or appropria- tion 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 and exam- ination of the county superintendent of said county, whose duty it shall be, annually, to examine said rec- ords and check said accounts, and report in writing to the board of county commissioners of said county the nature and state of said accounts, and any facts that may be required concerning said records. Sec. 92. Every board of directors shall have the power, and it shall be their duty — First. To employ a city superintendent of schools of the district, and for cause to dismiss him ; and to fix his duties and compensation. Second. To enforce the rules and general regulations of the Superintendent of Public Instruction, and the State Board of Education; to prescribe the course of CODE OF PUBLIC INSTRUCTION. 57 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 (5) 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 every- J° P*^ ide thing needed in the school houses. Fourth. To make necessary by-laws for more effect- by-iTws. 1 ively carrying out the provisions of this act, and for facilitating the work of the board, as required bylaw. Fifth. To adopt and enforce such rules and regula- grates'and tions as may be deemed essential to the well being of the schools, and to establish and maintain such grades and departments, including night, high, kindergarten, manual training and industrial 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 To suspend refuse to obey the rules thereof. Seventh. To employ, and, for cause, to dismiss, To employ r J ' ' ' ' teachers, and teachers, janitors or other employes; to determine the opening ana length of time over and above eight (8) months that schools. * school shall be maintained ; to fix the time for annual opening and closing of schools, and for the daily dis- missal of primary pupils before the regular time for closing schools. Eighth. To provide free text-books and supplies for T ° £ r s ovide all children attending school, when so ordered by a vote of the electors ; or if free text-books are not voted by the electors, to provide books for children of indigent parents, on the written statement of the city superin- tendent that the parents of such children are not able to purchase them. Ninth. To require successful vaccination as a condi- to require J- vaccination. tion of school membership and to provide free vac- cination to all who are unable to pay for the same. Tenth. To make, as soon as possible after the close 58 CODE OF PUBLIC INSTRUCTION. annu^report. °^ the school year, an annual printed report to the taxpayers of the district, showing in detail the receipts and disbursements of the school funds, census. 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 residing in the dis- trict, and shall report the same, together with such in- formation as required by the general school laws of Washington, to the county superintendent 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 se- lect, subject to the approval of the board or its proper committee. The enumerators shall receive such com- of e^mer tlon pensation as the board may deem just. Each enumer- ators ' ator shall verify by oath the correctness of his report oath of. in the same manner as by law required of the district clerk. Directors snaii Sec. 94. It shall be unlawful for any member of the have no pecu- ^ niary interest board of directors, or any of its officers, to have any in contracts. ' J J pecuniary interest, either directly or indirectly, in any contract for the erection of school houses, or for warm- ing, ventilating, furnishing 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, sale of school Sec. 95. No school property of any kind shall be sold property. by the board of directors without the consent of the district being first obtained, except it be personal prop- erty, the value of which shall not exceed five hundred dollars ($500). Purchase of Sec. 96. In all districts contemplated by this chap- supplies in the x sum of ^200 by t er when, in the opinion of the board, the cost of any advertise- ' ' r > «/ lot of furniture, stationery, apparatus, fuel, building or improvements, 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 publi- cation in at least one daily newspaper published within said city, and if there be no daily, then in one or more CODE OF PUBLIC INSTRUCTION. 59 weekly papers in three (3) regular consecutive issues, of the intention to receive bids for such lots of furni- ture, stationery, fuel and other supplies, or for said improvements and repairs. The board shall deter- mine the specifications for such bids, which shall be public. Sec. 97. (As amended by H. B. 472, Laws of 1899). The board of directors shall annually, at a meeting 4x n ievy. next preceding the annual tax levy for state and county purposes, report to the board of county com- missioners an estimate of the amount of funds in ad- dition to estimated receipts from the state tax required for the support of the schools, for the purchase of school sites, the erection and furnishing 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 to levy and collect said additional amount the same as other taxes : Provided, That in case the ^fthouTvote purchase of school sites and the erection of buildings shall require an expenditure exceeding fifty thousand dollars ($50,000 for any one current school year, the question shall be submitted to a vote of the electors of the district, at the time and places the board of direc- tors may appoint. The board of directors shall, pre- vious to such election, designate in at least one daily paper published 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 buildings to be erected thereon : Provided, That the board of directors of any school dis- May condemn trict of this state may proceed to condemn and appro- priate sufficient land for a school house site not to exceed one acre in extent ; such condemnation pro- ceedings shall be in accordance with the laws of this state providing for appropriating private property for public use. Sec. 98. The aggregate tax for school purposes in 60 CODE OF PUBLIC INSTRUCTION. Limit of tax levy. Time of holding. May be held. Length of session. Teachers paid during institute. Examination fees paid into the institute fund. cities of 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. (As amended by H. B. 472, Laws of 1899). Whenever the number of school districts in any 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. County superintendents of contiguous counties may by mutual arrangements hold a joint in- stitute, the expenses to/ be shared in proportion to the departments maintained in the counties as shown by the county superintendent's last annual reports. The work of the institute shall be in conformity to a sylla- bus prepared by the State Superintendent and a com- mittee of three county superintendents appointed by him, for at least one-half of the program, the remaining part to be supplied by the county superintendent of each county where institute is held. Sec. 100. In any county where there are less than twenty-five school districts, the county superintendent may, in his discretion, hold an institute. Sec. 101. (As amended by H. B. 472, Laws of 1899). Each session of the institute must continue not less than five days. Sec. 102. (As amended by H. B. 472, Laws of 1899). When the institute is held during the time when a teacher is employed in teaching, his pay shall not be diminished by reason of his attendance, when certified to by the county superintendent, and in addition to the actual attendance earned by the district, an additional attendance shall be accredited to the district, deter- mined by multiplying the average daily attendance for the term by the number of days the teacher attended the institute. Sec 103. All examination fees shall be paid by the county superintendent to the county treasurer, who CODE OF PUBLIC INSTRUCTION. 61 shall place it to the credit of an institute fund hereby created. Sec. 104. The county superintendent must keep an ^y counf y c P om d accurate account of the actual expenses of the institute. n with vouchers for the same, and present the bill to the county commissioners, who shall allow the same : Pro- vided, That such amount shall not exceed in any year the sum of two hundred dollars in excess of the amount received as examination fees. Chapter 5.— Text-Books, article 1.— adoption of books. Sec. 105. (As amended by chapter clxxvii, Laws of f^BdiSation 1901). For the purposes of adopting text-books and ~ { ™ ist prescribing courses of study for the use of the common and graded schools of the state, the State Board of Edu- cation shall consist of the state superintendent, the four appointed members and the six city superintendents of of the six largest cities of the state. ARTICLE II. — FREE TEXTBOOKS. Sec. 106. (As amended by chapter clxxvii, Laws of of 1901). Before the first of September, 1902 the school ^f^L district officers of the various schools in the state may - when - provide all text-books necessary for carrying on the school work. Sec. 107. (As amended by chapter clxxvii, Laws of 1901). At the time fixed by law in the year 1901 for f e P| craltax the levy of a special school tax the officers of the various school districts of the state may levy a special tax suffi- cient to carry into effect the provisions of section 106 of this act : Provided, That said district boards may ac- proviso. quire by purchase or gift the books in use by the pupils of said schools. Sec. 108. (As amended by chapter clxxvii, Laws of 1901). It shall be the duty of the board of directors to g^SS "* adopt such rules and regulations as may be necessary for the care and use of text-books. Chapter 6.— School Revenues. Sec. 109. The principal of the common school fund f c h u r o\ e f unds shall remain irreducible and permanent. The said fund 62 CODE OF PUBLIC INSTRUCTION. shall be derived from the following sources, to-wit: Appropriations and donations by the state to this fund ; donations and bequests by individuals to the state or common school; the proceeds of land or other property which revert to the state by escheat and for- feiture ; 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 per- sons 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 subse- quent to the admission of the state into the union, as approved by section fifteen (15) 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 the common schools, and such other funds as may be provided by legislative enactment. Revenue to be g EC> no. The interest accruing on said fund, to- exelusively for ° current use. gether with rentals and other revenues derived from lands and other property devoted to the common school fund, shall be exclusively applied to the current use of the common schools. All schools maintained or sup- fromsectarfan ported wholly or in part by the public funds shall be control. forever free from sectarian control or influence. All losses to the permanent common school fund which Loss of funds, shall be occasioned by defalcation, mismanagement or fraud of the agent or officers controling or managing the same, shall be audited by the proper authorities of the state. The amount so audited shall be a perma- nent funded debt against the state in favor of the par- ticular fund sustaining such loss, upon which not less than six per cent, annual interest shall be paid. Sec. 111. (As amended by chapter clxxvii, Laws CODE OF PUBLIC INSTRUCTION. 63 of 1901). In addition to the provisions for the support of common schools hereinbefore provided, it ^-fof shall be the duty of the State Board of Equalization, whatpurpose - 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 estimated amount of money to be derived from the interest on the state permanent school fund for the current fiscal year, shall equal ten dollars for each child of school age residing in the state as shown by the last report of the several county super- intendents to the Superintendent of Public Instruction : Provided, That said tax shall not exceed five mills on Proviso. the dollar. Said tax levy shall be certified to the several county auditors in the same manner as other jJtSfSj?- state taxes are required to be certified, and shall be thereof 011 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 ; and it shall be the duty of the State Auditor within thirty days after the date at which county treasurers are re- of r funds ission quired to transmit state funds to the State Treasurer, collected - to certify to the Superintendent of Public Instruction the amount of all state annual school funds in the hands of the State Treasurer subject to apportionment. Sec. 112. (As amended by chapter clxxvii, Laws of 1901), The board of directors, when in their judg- f i °|eto < r f s,to ment it is necessary, for the purpose of furnishing ad- Sorties, ditional school facilities for their district, or for the booksfetc. 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 pur- poses, may levy especial tax on the taxable property of the district, not to exceed ten mills on the dollar : Pro- vided, That no tax exceeding five mills on the dollar umT-not to shall be levied until such levy shall have been ordered ^fs. by a majority vote of the legal electors of the district, at a special election called for that purpose : Provided 64 CODE OF PUBLIC INSTRUCTION. Further proviso. Three mills in uniondistricts. Elections — how called and conducted. Certification of results thereof. Duty of district clerk. Extension of tax. Collection of tax. Crediting proper district. Fines, pen- alties and forfeitures. further, That boards of directors of union schools may levy a special tax on the taxable property of the union district not to exceed three mills on the dollar, and the levying of such tax by such union school district board shall not prevent the electors of any district within such union district from levying a tax of ten mills, as here- inbefore provided. School district elections for the pur- pose of voting special tax, 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 th/b district, who shall file said certificate as a part of his records. Whenever a special tax is ordered to be levied, the clerk of the district shall on or before the first day of September, 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 countv 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 same to the county treasurer. The county treasurer shall proceed to collect the tax in the same manner and at the same time and with the same power and authority to enforce payment 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 money derived from fines imposed for viola- tion of orders of 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 aris- ing 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 CODE OF PUBLIC INSTRUCTION. 65 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 grants order of their presentation to the county treasurer, and shall draw interest from and after such presentation and registry : Provided, That no compound interest shall be paid directly or indirectly on any of said war- rants. Sec. 115. No new district formed by the subdivision jf? 110011 district— when district is enti- of an old one shall be entitled to any share of public tie^toVunds money belonging 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 district Newdistrict shall be void, and all elections or appointments of di- rectors or clerks made in consequence of such action, and all rights and office of parties so elected or ap- pointed 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 collected and paid into the school fund of the old district. Sec. 116. (As amended by H. B. 237, Laws of 1899.) When a new district is formed from one or more old .V/nm^s. districts it shall be entitled to a just share of the school moneys to the credit of the one or more old districts, from which the new district is formed, at the time the petition was granted to establish the new district. And the county superintendent (or in case of an appeal, the board of county commissioners), shall divide such moneys and also such moneys as may, for the current year, afterward be apportioned to the said one or more old districts, according to the number of school children resident in the new district, as may be ascertained by a census taken for that purpose: Provided, That the 66 Limit of bonded indebtedness. Rate of interest. Bond election. Notice of. Form of ballots. CODE OF PUBLIC INSTRUCTION. new district shall be entitled to all special tax levied within the boundaries of the new district, for the cur- rent year in which the new district is formed. And if such special tax, or any part of it has already been collected and placed to the credit of the aforementioned one or more old districts, it shall be the duty of the county treasurer, upon the order of the county superin- tendent, to transfer such special tax to the credit of the new district. Chapter 7.— Bonds. Sec. 117. Theboardof directors of any school district in this state may borro^ 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 funding outstand- ing 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 apparatus, or for any or all of these pur- poses, 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 re- deemable at such time as may be designated in the bonds, but not to exceed twenty ( 20) years from the date of issue. Sec. 118. That 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 holding special school elections. Notices therefor shall state the amount of bonds pro- posed 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, CODE OF PUBLIC INSTRUCTION. 67 yes," the board of directors must issue such bonds : Provided, That if the amount of bonds to be issued, together with any outstanding indebtedness of the dis- trict, not to be redeemed with the proceeds of said issue of bonds, exceeds one and one-half per cent, of ^ t r e ee " flfths 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 bonds shall be in such form as the board of directors 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 SSncertify bonds as provided in sections 117 and 118 of this act, treasurer. the board of directors shall, within thirty days after the date of the election, certify the result to the county treasurer, who shall immediately publish notice of the £e^ r $ s ^ le sale of .such bonds in at least 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 re- deem ; also naming the hour and day for considering bids, and asking bidders to name price and rates of in- terest at which they will purchase such bonds. Such Form of bonds. bonds shall be issued in denominations 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 paya- ble, 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 ^redlycounty must be registered by the county treasurer in a book treasurer ' to be kept for that purpose, which must show the num- ber, 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 68 CODE OF PUBLIC INSTRUCTION. district issuing, together with the names of directors signing the same ; and the said bond shall be endorsed bv the treasurer, 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, sale of bonds. Sec. 120. At the time named in said notice it shall be the duty of 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 mak- ing the most advantageous offer: Provided, The bonds May reject shall never be sold below par, and the board of direct- bias and A readvenise. ors ma y reject any arid all bids, 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, taking his receipt therefor. The county u?Tto dealer treasurer shall, upon payment of the price agreed upon, ceiveproceeds. deliver the same to the person or persons to whom sold, and placing the moneys arising from such sale to the credit of the special school fund of the said district. advertising Fees for advertising shall be deducted from the pro- ceeds. Sec. 121. (As amended by H. B. 472, Laws of 1899.) Bond interest The countv commissioners must ascertain and levy — bow levied. J ^ 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 thereafter, until full payment of said bonds is made, they may, if deemed advisable, levy, in addition to the tax required to pay the inter- est, such amount for sinking fund to meet the pay- ment of said bonds at maturitv, to be determined by dividing the amount of bonds outstanding by the remaining number of years to run, and the fund aris- ing from such levy shall be kept as the bond redemp- tion 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 : Provided, That the county treasurer, CODE OF PUBLIC INSTRUCTION. 69 when authorized to do so by the board of directors of any school district, may invest any accumulated sink- sfJkhi^funci * ing fund of said district in school, county, or state warrants of the State of Washington, and all profits accruing from such investment and the funds so in- vested shall revert to the sinking fund of said district, and the county treasurer shall be custodian of all war- rants purchased by and with the said sinking fund un- til the same are redeemed. Sec. 122. The county treasurer must pay out of any B a °^ d { ^ erL ' st moneys belonging to the credit of the bond interest s P eciaI levv - 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 num- ber and series of the bond to which it belongs, and all coupons so paid must be immediately reported to the school directors. Sec. 123. The school directors of any district must ^hographed cause to be printed or lithographed, at the lowest rates, cou P° ns - suitable bonds, with coupons attached, when the same become necessary, and pay therefor out of any moneys in the county treasury to the credit of the school dis- trict. Sec. 124. ( As amended by chapter civ, Laws of 1901.) Whenever any school district in this state shall have Bon 4 s heret °- ■' fore issued. heretofore, under any of the acts of the territorial or State Legislature now in force, issued any bonds for the purchase of any school house site, or the building of any school house, or the furnishing of the same, and the amount of said bonds so issued and negotiated did not, at the time of their issue, exceed the sum of five per centum of the taxable property of the said school district, it shall be lawful for the said school district to Exchange of bonds. issue and exchange its bonds at a rate of interest not greater than that borne by the original issue of bonds, par for par, without any further vote of the school dis- trict than that heretofore had or required by existing law at the time of their issue, and said bonds, shall in 70 CODE OF PUBLIC INSTRUCTION. all respects, conform to and be governed by the other provisions of this act: Provided, That in cities of ten Sues of more thousand population or more, whenever any bonds is- than 10,000. sued under the provisions of this article shall reach maturity and shall remain unpaid, the board of .direc- tors 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, without any further vote of the school district : Provided, further, That such proviso. bonds shall be issued in denominations of not less than tions mina one nun dred dollars nor more than one thousand dol- lars, shall be redeemable within twenty years from date of issue, and shall draw a rate of interest not to exceed six per centum per annum. bo°nds r to 0f ^ec. i2 ^. Evei 7 holder of any of the bonds so issued u°easurer unty as provided in this act shall, within ten (10) days after he shall become the owner or holder thereof, notify the county treasurer of the county in which such bonds are issued of his ownership, together with his full name and postoffice address, and the county treasurer of said redemptiou 01 " 1 coun ty shall, in addition to the published notice herein provided for, deposit in the postoffice, 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 redemption of such bonds and the number of the bonds to be re- deemed, 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 such bonds shall be deemed sufficient, 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 expira- tion of the time therein named shall have the force to suspend the interest upon any such bonds, incidental *Sec. 126. That at any time after the issuance of such 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 * This law went into effect March 16, 1901. costs. CODE OF PUBLIC INSTRUCTION. 71 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 the same manner as other services are paid under the provisions of law. Sec. 127. Whenever the amount of any sinking fund ^S p ?{oS° nd created 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 redeemed, 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 no- tice in the official newspaper of the county, if such a one there be, and if not, then in a newspaper of gen- eral 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 men- tioned 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 re- £ f a ^S*! on deemed or paid, the county treasurer 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 may'vaildate the indebtedness of such school district, incurred for f district 68 * 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 72 CODE OP PUBLIC INSTRUCTION. Resolution of board to validate. Three-fifths vote. Location of polls. Time of election. such school district shall be ascertained as provided in article eight, section six of the constition 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 indebtedness 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 the ques- tion of validating and ratifying the indebtedness so incurred to the voters of such school district for ap- proval or disapproval, and if at such election three- fifths of the voters in such school district voting at such election shall vote in favor of the validation and ratification of such indebtedness, then such indebted- ness so validated and ratified and every part thereof existing at the time of the adoption of said resolution shall thereby become and is hereby declared to be val- idated 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 indebt- edness 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 resolu- tion provided for in section 129 of this chapter, the board of directors of such district shall determine the number and the location of the places at which polls shall be opened to receive the votes of the voters in such district. Unless otherwise provided, the polls shall be open at one o'clock in the afternoon and close at four o'clock in the afternoon of the same CODE OF PUBLIC INSTRUCTION. 73 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 afternoon 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 the direction of the "judges. The judges Judges and J ° . clerks of shall observe and cause to be observed at such election, election. as far as the same shall apply, the election laws of the state governing the election of school directors. Should any of the judges so appointed be absent at the open- ing 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 conducting such elec- tion shall appoint one and not exceeding two persons to act as clerks of such election. The judges and clerks of such election shall each take and subscribe an administered oath to faithfully perform the duties imposed upon b >' whom - 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 offering to vote, when chal- lenges 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 sufficient number of voters present at the hour named for the opening of the polls to rill vacancies, occasioned by the absence of judges or clerks, it shall be lawful to open the polls as soon thereafter as a sufficient number of electors are present. Elections hereunder shall be by ballot. The ballot must contain the words, " Vali- dating and ratifying indebtedness, yes," or the words, Form of " Validating and ratifying indebtedness, no." Ballots containing the words, " Validating and ratifying in- debtedness, yes," shall be counted in favor of validat- 74 CODE OF PUBLIC INSTRUCTION. ing and ratifying such indebtedness, and ballots containing the words, "Validating and ratifying in- debtedness, no," shall be counted against validating and ratifying such indebtedness. As soon as the polls result^ 8 are closed at such election, 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 entered' a minute thereof on the records of such district. The qualifications of Qualifications voters at such election shall be the same as prescribed ot voters. r for the election of school officers, cierk to give Sec. 131. At the time of the adoption of the resolu- notice of ~ election. t j on p rov ided 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, place and pur- poses 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. Said notice shall Publication a ] so ^ e published for the same length of time in a of notice. r c> daily newspaper printed and published in such district, and if there be no such daily newspaper, then in a weekly newspaper, published in this state and of general circulation in the county where such school district is situated, in two regular issues of such weekly newspaper next preceding the day of such election. Notice to con- Said notices shall contain a copy of the resolution tarn, what. L J mentioned in section 129 of this chapter, 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 ques- tion submitted to the voters. Sec. 132. If the indebtedness of such school district CODE OF PUBLIC INSTRUCTION. 75 is validated and ratified, as provided in section 129 of this chapter, by three-fifths of the voters voting at such jlsue^omL election, the board of directors of such school district, without any further vote, may borrow money and issue negotiable coupon bonds therefor 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, ^deducting from the amont 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 ^^ e ° s f t interest not to exceed six per cent, per annum, interest payable semi-annually, payable and redeemable at such time and place as designated in the bonds, but not ex- ceeding 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, ex- cept in cities of ten thousand or more inhabitants, said bonds, with the coupons, must be signed by the board of directors and countersigned by the clerk of the school district. In school districts in cities of ten io, bonds to bonds, as provided in section 132 of this chapter, the beissued - board of directors of such district shall, at a meeting 76 CODE OF PUBLIC INSTRUCTION. County treasurer shall advertise sale. Interest not to exceed 6 per cent. One per cent, deposit. Warrants exchanged for bonds. County treas- urer notified of result of election. of such board, determine 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 4his 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, control and apply to bonds issued or sold under this chapter, except 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 directors may direct, and such board may also require all persons bidding for said bonds, except the State of Washington, to deposit one per cent, of the par value of the bonds bid for on de- positing 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 be forfeited to the school district, otherwise to be re- turned 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 existing at the time of the adoption of the resolution mentioned in section 129 of this chap- ter, 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 reg- ulations 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 CODE OF PUBLIC INSTRUCTION. 77 prescribed in section 130 of this chapter, it shall, if the same shall have been in favor of validating and ratifying the indebtedness, immediately 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 ^^appned hands of such treasurer belonging to such district, expenses. 1 arising from the 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 indebtedness 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 an- Limit of an- * nual expense. nual expense of such district shall not thereafter exceed the annual revenue thereof, and any officer of such district who shall knowingly aid in increasing the annual expenditure in excess of the annual revenue of such district, shall be deemed to be guilty of a misde- meanor, and shall be punished by a line not exceeding five hundred dollars. If the indebtedness of such school district, excluding the bonded indebtedness ex- isting before the adoption of said resolution, is not ex- tinguished by the exchange of warrants for bonds, or by the proceeds of the sale of bonds, as herein pro- vided, then it shall be the duty of the board of directors, thirty days before the regular annual 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, and said board of county commissioners, at the time of making the regular annual tax levy, shall annually levy a special Sssioners 3 tax on the taxable property of the district not to exceed remaining 101 three mills on the dollar on the valuation of such tax- ihreemmsf s able property, 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 78 CODE OF PUBLIC INSTRUCTION. such district, not included in bonds, existing at the time of the adoption of the resolution mentioned in section 129 of this chapter. Chapter 9. — Certification of Teachers. article i. — classification of certificates. certificates Sec - 136 - Nothing in this act shall be construed to and contracts. i n va iia a te the life diplomas or the state or territorial certificates granted under the laws of the Territory of Washington, 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 nntil 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 pro- visions of this act. cert?fi e catL. Sec. 137. The teachers' .certificates issued by author- ity of the State of Washington, and entitling the holder thereof to teach in the schools of the state shall con- sist 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 certifi- cates shall be issued by the Superintendent of Public Instruction on the authority of the State Board of edu- cation : Provided, That state certificates may, upon ap- certmcates. plication and without examination, be renewed, or a life diploma be authorized in lieu thereof by the State Board of Education. a r nd S tnfrd° nd Second : First grade common school certificates, valid uflc^i e tes. r " for a period of five years from date of issue; second grade common school certificates, valid for two years from date of issue ; third grade common school certifi- cates, valid for one year from date of issue. Said first grade certificates, second grade certificates and third CODE OF PUBLIC INSTRUCTION. 79 grade certificates shall be issued by the Superintendent of Public Instruction, as provided by law. Third : Temporary certificates may be issued, as pro- SS. vided 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 teachers ; whereat, if the ap- plicant take the examination for certification, 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 f^SS^. examination 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 district under the control of said board of directors, until revoked for cause. Pro- vided, That the county superintendent, before issuing the same, shall receive satisfactory evidence of the ap- plicant's fitness to teach the subject named in the certificate. ARTICLE II — DIPLOMAS AND STATE CERTIFICATES. Sec. 138. State certificates shall be granted to such f^tef applicants 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, bookkeeping, com- position 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 Wash- ington, or of a state or territorial certificate from a state or territory, the requirements to obtain which shall not have been less than those required by this act. Life diplomas shall be granted to such applicants 80 CODE OF PUBLIC INSTRUCTION. Fees for certificates. State certifi- cates without examination. only as shall file with the board satisfactory evidence Life diplomas, 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 re- quirements shall be the same as those for state certifi- cates. The fee for state certificates shall be three dollars, and for life diplomas, five dollars. Said fees must be deposited with the application, and cannot be refunded to the applicant unless the application be withdrawn before it has been considered by the board. Said fee shall be paid into the state treasury. Sec. 139. The state board shall also have power to grant state certificates without excamination to all applicants who 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 requirements of the university of Washington : Provided, That the ap- plicant shall file with the board a certificate 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 be- fore the State Board of Education in theory and practice of teaching, psychology and history of education, and shall file with the board satisfactory evidence of having taught successfully for twenty-seven months, at least nine of which shall have been in the public schools of this state. ARTICLE III.-- COMMON SCHOOL CERTIFICATES. Sec. 140. There shall be held at the county seat of each 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 : Provided, That in case of the sickness or disability of the superintendent he may appoint a suitable teacher or teachers to assist or conduct the same, subject to the same laws, rules and County examinations Assistants. CODE OF PUBLIC INSTRUCTION. 81 regulations as himself, and the county superintendent shall in reporting the examination to the Superintend- ent of Public Instruction, as hereinafter provided, for- ward such appointment in writing. Sec. 141. (As amended by H. B. 472, Laws of 1899). All applicants at the examination mentioned in the preceding section shall be at least seventeen years of requK. age, and shall be examined according to the rules and regulations of the State Board of Education, in read- ing, penmanship, orthography, written and mental arithmetic, geography, English grammar, physiology, and hygiene, history and constitution of the United States, school law and the 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 ad ditional branches of physics, English literature and algebra, and who does not present satisfactory written evidence of having taught successfully one school year of nine months: Provided, That the State Board of ^SuaSfces. Education may adopt two subjects in lieu of algebra and physics for teachers who have taught exclusively in primary schools for not less than fifty months, and the certificates granted to such primary teach- ers shall be known as first grade primary cer- tificates, and shall entitle the holders to teach only in the primary grades of city and village schools. The state superintendent shall also have power to grant °f£££, c t ates common school certificates without examination to all examm applicants who are graduates of a regular four year collegiate course of the university of Washington, the agricultural college, and school of science, state nor- mal schools equal in requirements to the state normal schools of Washington, or of other reputable institutions of learning whose requirements for graduation are equal to the requirements of the university ^ of Wash- ington ; also to all applicants who hold state certificates or diplomas equal in requirements to the requirements of the State of Washington : Provided, That an appli- —6 82 CODE OF PUBLIC INSTRUCTION. Examination fees. Papers for- warded to State Super- intendent. Renewal of first and second grade certificates. cant shall pass an examination in state school law and constitution with a standing required for a first grade certificate. Sec. 142. (As amended by H. B. 472, Laws of 1899.) Each applicant before taking the examination for a cer- tificate, or upon application for a temporary certificate or for a renewal, shall pay to the county superintend- ent the sum of one dollar, and shall receive a receipt therefor. The fees so received by the superintendent 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. Sec. 143. The county superintendent shall within three days of the close of said examination forward to the superintendent of public instruction, in accordance with his directions, all the papers written at said exam- ination and relating thereto, including a complete list of all applicants thereat, with their postoffice addresses, and also a receipt from the county treasurer for the fees collected at the examination as herein provided. Sec. 144. (As amended by H. B. 472, Laws of 1899.) The holder of a first grade certificate who shall present to the Superintendent of Public Instruction evidence of having taught successfully twenty-four school months during the time said certificate has been in force, may have his certificate renewed without further examina- tion, which renewal shall be endorsed tnereon by the Superintendent of Public Instruction, upon its presen- tation, 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 : Provided further, That a teacher holding a sec- ond grade certificate who has taught in a primary grade of the public schools of the state for not less than four years immediately preceding the expiration of said cer- tificate, and who has taken at least one subject of the « teachers' reading circle each year under the regulations prescribed by the state board of education, may have said certificate renewed for two years as a primary teacher only. CODE OF PUBLIC INSTRUCTION. 83 Sec. 145. All applicants for certificate who shall at- ^ p c a a * ts tain the required percentage in eight of the designated subjects* subjects, but not in all, shall be credited for those sub- jects in which they shall have passed, and, upon pass- ing the required percentages in the remaining subjects at the next subsequent examination, shall receive a certificate in accordance with the result of both exam- inations: Provided, That this shall not be construed as applying to those passing for a third grade certificate. 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 ter- ritory, the requirements to obtain which shall not have been less than the requirements to obtain a certificate in this state, or any teacher holding a diploma or cer- tificate of graduation from any state or territorial nor- mal 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 superintendent of any county in this state where said teacher desires to teach, and it shall be the duty of said f^eSdems 1 *' 1 county superintendent, upon such evidence of fitness temporary to teach, to grant to said person a temporary certifi- cate : Provided, That the provisions 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 una- voidable cause, to attend said examination: And pro- vided further, That the county superintendent may require of such a person a written statement of such facts, verified b}' affidavit. ARTICLE IV. — GENERAL PROVISIONS. Sec 147. All certificates issued by the Superintend- Registration J r of certificates. ent of Public Instruction shall be valid and entitle the holder thereof to teach in any county of the state upon being registered by the county superintendent thereof, which fact shall be evidenced by him on the certificate in the words, "Registered for use in county," together with the date of registry and his official signa- ture: Provided, That a copy of the original certificate S4 CODE OF PUBLIC INSTRUCTION. or diploma duly certified by the Superintendent of Public Instruction may be used for the purpose of reg- istry and endorsement in lieu of the original. ^e e rtmcates.° f Sec. 148. Any certificate named in this act may be revoked by the authority entitled to grant the same upon the determination 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. (As amended by chapter xli, Laws of wtfenheid. 1901.) The election of district directors and clerks shall, except as otherwise provided by law, be held on the second Saturday in May 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. g/le k ten U d S ays' Sec. 150. The district clerk must give at least ten nonce. days' notice of such school election, by posting or caus- ing 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 and offices for which per- sons are to be elected, and terms of office, with a state- ment of any other questions which the board of directors 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 Pons must be in the notice of election, the polls shall be open at one open, when. 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 election, 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 *This provision went into effect March 1, 1901. CODE OF PUBLIC INSTRUCTION. 85 the afternoon. In no case shall the polls be open be- fore the hour named in the notice, nor kept open after the hour fixed for closing the polls, but if there is not a sufficient number of electors present at the hour named for opening 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 incorporated towns the j^!*2J£jj£j polls shall open not later than one o'clock in the after- towns - noon and close not earlier than eight o'clock in the afternoon. Sec. 151. At the hour fixed for opening the polls the ^a 011 electors 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 constituted and qualified. The judges and clerk aforesaid shall, before entering upon oSsmust the duties of their office, severally take and subscribe an oath or affirmation faithfully to discharge the duties as such officers of the election, said oath or affirmation to be administered by any school officer or other person authorized to administer oaths. The judges shall, be- fore they commence receiving ballots, cause to be pro- claimed aloud at the place of voting that the polls are now open. Sec. 152. The voting shall be by ballot. The ballots Formofbaiiot. shall be a paper ticket containing the names of the per- sons for whom the electors intend to vote, and desig- nating the office to which such person so named is intended by him to be chosen. Whenever any person received offers to vote, one of the 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 re- ceive the ballot in the presence of the election board and deposit the same without being opened or ex- amined in the ballot box, and the clerk shall immedi- ately enter the name upon the list headed " Names of voters." Sec. 153. (As amended by H. B. 472, Laws of 1899). 86 CODE OF PUBLIC INSTRUCTION. Qualification of electors. Voter may be challenged. Closing polls. Canvass of returns. Every person, male or female, over the age of twenty- one years, who shall have resided in the school district 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 allowed to vote : Provided, That regis- tration for purposes of school election shall not be required except in cities of ten thousand or more inhab- itants. Persons offering 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 infor- mation 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 refuse 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 afterward 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 con- tained 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 number of votes by tal- lies as they are read aloud by one of the judges. The counting of the votes shall continue without adjourn- CODE OF PUBLIC INSTRUCTION. 87 merit until all the votes are counted. No ticket shall be rejected on account of form or mistake in the initials JHots ec or spelling of names, if the judges can determine to their satisfaction the person voted for and the office intended. After the result of the election is duly can- vassed and officially declared, the clerk of the election £*if g^e™ To d shall forward the poll sheet thereof to the county su- i°^L^? eT ' perintendent, who shall preserve the same on file in his office. Sec. 155. Persons having the highest number of Sfeiectfonf 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 the election is held. If two persons have an Tievotes - equal and highest number of votes for one and the same office, they shall, within ten days after the elec- tion, 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 declared 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 de- cide, 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. (As amended by chapter clxxvii, Laws of 1901 ). Any board of directors may, at its discretion and ^tlrs"- what shall, upon a petition of the majority of the legal voters iSfiagSwat of their district, call a special meeting of the voters of the district, to determine the length of time in excess of the minimum length of time prescribed by law that school shall be maintained in the district during the 88 CODE OF PUBLIC INSTRUCTION. Elections at the school house. Clerk to give ten days' notice. Election officers. Records of. Directors to carry out vote. 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 determine whether or not the district shall build one or more school houses ; or to determine whether or not the district shall maintain one or more free kindergartens ; or to determine whether or not the district shall sell any real or personal property belonging to the district, borrow money or establish and maintain a school district library. Sec. 157. All such special meetings shall be held at the school house, if there be one, or if there be none or more than one, then at such school house or place as the board of directors may determine. At least ten days' notice of such special meeting shall be given by the district clerk, in the manner that notice is required to be given of the annual school election, 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, the qualified electors present may elect a chairman or clerk, or both chairman and clerk, of said meeting as occasion may require, from among their number. The clerk of the meeting shall make a record of the proceedings of the meeting, and when the clerk of such meeting has been elected by the qualified 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 di- rectors to carry out the directions of the electors of their districts as expressed at any such meeting. CODE OF PUBLIC INSTRUCTION. 89 Chapter 11.— Penalties. Sec. 159. Any member of the State Board of Educa- SS^r tion, or any employe of the state, who shall, directly or qui indirectly, disclose any questions prepared for ex- aminations, 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 ^unt^super- a full and correct report to the Superintendent of Public mai^rTpVr't. Instruction of all statements required by him, he shall forfeit the sum of fifty dollars from his salary, and the board of county commissioners are hereby authorized and required to deduct therefrom the sum aforesaid upon the information from the Superintendent of Pub- lic Instruction that such reports have not been made. Sec. L61. Any officer or person collecting or receiv- topayover ing any such fines, forfeitures or other moneys, and refusing or failing 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 withholding the same ; and it shall be a special duty of the county superintend- ent of schools to supervise and see that the provisions 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 ai°e f torsTo° f any county superintendent by any district clerk, or by ?ui° ™hy|hnV. 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 reside, have failed to make pro- vision for the teaching of hygiene, with special refer- ence to the effects of alcoholic drink, stimulants and narcotics upon the human system, as provided in this act, in the common schools of such district, it shall be the 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, 90 CODE OF PUBLIC INSTRUCTION. 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 directors 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 com- plying with the provisions of said section of this act, ancTare causing physiology 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 warrants of said board of directors. For failure of Sec. 163. Any county superintendent of common county super- ./ •/ x iDtendent to schools who shall fail or refuse to comply with the enforce teach- L J ins of hygiene. p rov isions of the preceding section shall be liable to a penalty of one hundred dollars, to be recovered in a civil action in the name of the state in any court of competent jurisdiction, and the sum recovered 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. For failure of Sec. 164. In case the district clerk fails to make the clerk to make report. reports herein provided at the proper time and in the proper manner, 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 district. For failure Sec. 165. Any school officer who shall refuse or fail to deliver property. to deliver to his qualified successor all books, papers, records and moneys pertaining to his office, or who shall willfully mutilate or destroy any such property, or any part thereof, or who shall misapply moneys en- CODE OF PUBLIC INSTRUCTION. 91 trusted 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 hun- dred dollars. Sec. 166. Any teacher who willfully refuses or neg- SOTceoourae lects to enforce the course of study or the rules and of study ' regulations required 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 of°pu^is. e 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 Attendance ,.,,• j.rj.i- j. i at institute year an institute in some county of this state, unless on account of sickness, or for other good and sufficient reasons satisfactory to the Superintendent of Public In- struction, may have any certificate he may hold for- feited by order of the Superintendent of Public Instruc- tion : 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 Atea a cher ins 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 f^^S 1 *' school or school meeting shall be deemed guihy of a misdemeanor, and upon conviction be fined in any sum not more than fifty dollars. Sec. 171. Any person summoned before a superior f^^nce judge to answer why he has not kept the children under " sch ° o1 - his care in school as provided in the law T relating to 92 CODE OF PUBLIC INSTRUCTION. For defacing property. For violating vivisection law. For failure to use text- books or follow course of study. Apportion- ment of funds. school attendance, and failing to show satisfactory cause for his refusal or neglect to comply with such law, shall be deemed 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. ^ec. 172. Any pupil who shall cut, deface or other- wise injure any school house, furniture, fence or out- building thereof, or any books belonging to the district library, shall be liable to suspension and punishment, and the parent or guardian of such pupil shall be liable for damages, on complaint of the teacher or of any director, and upon proof of the same. Sec. 173. Any person violating the provisions of this act relating to vivisection and dissection in schools shall, upon 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 prescribed by the state board of education, or any district failing to comply with the course of study pre- scribed by the 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 require- ments, and the amounts thus deducted shall revert to the general school funds of the state, and the county treasurer shall return the same to the state treasurer for reapportionment. Sec. 175. (As amended by H. B. 472, Laws of 1899). No school district shall be entitled to receive any ap- portionment of school moneys which shall not have maintained school for the time required by law during the preceding school year : Provided, That any new dis- trict formed from the division of an old one shall be CODE OF PUBLIC INSTRUCTION. 93 entitled to its just share of school moneys when the time that school was maintained in the old district be- fore division, and in the new one after division, shall be equal to at least the time required by law in the old district: Provided further, That if any school district has heretofore failed to receive apportionment of state school funds because of failure to hold school the time required by law, and there are unpaid warrants drawn on the general funds of said district for maintenance of school prior to the said failure, the Superintendent of Public Instruction shall apportion to the county, at the time of the next regular apportionment of state school funds, an additional amount sufficient to pay said warrants and interest on the same to the date on which said apportionment is made. Chapter 12. — General Provisions. Sec. 176. Whenever the word "he" or "his" occurs p™™^ ne and in this act, referring to either the members of the city " nis -" board of 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 any ^°™^^ ay woman possessing all of the qualifications of an elector except as to sex, and possessing all of the other quali- fications required by law for such offices, shall be eli- gible to hold such offices. Sec. 177. (As amended by chapter clxxvii, Laws of 1901). Any parent or guardian, who, after being p^ 1 ^^ notified by the county school superintendent of the to°chooi dren provisions of the law relative to children attending school, shall further refuse or neglect to send such child to school, shall, upon complaint of the county superintendent, be summoned before the judge of the Superior Court, who shall have power to remove any child, if an orphan, who fails to attend school as re- quired 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 a parent or parents, then said judge shall have power, upon the complaint Power of court. 94 CODE OF PUBLIC INSTRUCTION. Issuance of order. Proviso. Vivisection forbidden. Dissection permitted, when. Display of United' States flag. of the county school superintendent, to summon such child and such parent or parents before him, and if he shall, upon inquiry, find the said child has not already attained a reasonable proficiency in the common school branches for the first eight years outlined in the course of study for common schools for the State of Wash- ington, he shall issue an order commanding such parent or parents to place such child in school, if school be then in session, or immediately when school shall re- sume, if school be not in session, or appear before him and show cause for the neglect or refusal so to do : Provided, That the county attorney shall act as attorney for the county superintendent in all court proceedings relating to the compulsory attendance of children in school as required by law. Sec. 178. No teacher or other person employed in any school in the State of Washington, except a med- ical or dental school or the medical or dental department of any school, shall practice vivisection upon any verte- brate animal in the presence of any pupil in said school, or any child or minor there present; nor in such presence shall exhibit any vertebrate animal upon which vivisection has been practiced. Sec. 179. 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 building during school hours, except in unsuitable weather and at such other times as to said board may seem proper ; and the necessary fund 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 dis- CODE OF PUBLIC INSTRUCTION. 95 trict contemplated by this act shall have power to establish and maintain free kindergartens in connec- ^ r rteu" ldei " tion 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 estab- lish 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 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 kindergar- ^y specTaiulx 1 tens 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 shall have a Diplomas of ° teachers in. diploma from some reputable kindergarten training 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 ^nTof 511 ' and 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 Washington shall be to provide for students of both sexes, on equal terms, a liberal instruction in the differ- ent branches of literature, science, art, law, medicine, military science and such other departments of instruc- tion as may be established therein from time to time 96 CODE OP PUBLIC INSTRUCTION. Tuition. Admission of students. by the board of regents. 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 completed in the public high schools of the state. No student shall be admitted ex- cept upon examination satisfactory to the faculty of the university: Provided, however, That students shall be admitted without examination upon presentation of cer- tificate from those public high schools and other edu- cational institutions in this state whose courses of study shall have been approved by said faculty of the uni- versity, such certificates to show the completion of a course of study on the part of applicants, which said faculty shall deem equivalent to the course of study necessary for admission under examination. Sec. 184. The government of the University of Washington 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 Term of office, 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 appointment 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 Quorum. sa id board shall constitute a quorum for the transac- tion of business, and it shall be the duty of the Gov- Four members ernor to appoint at least four members of said board from King x x 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 Board of regents. county. Vacancy. CODE OF PUBLIC INSTRUCTION. 97 such office by appointment, and the person or persons so appointed shall continue in office until the close of the legislature next thereafter, or until others are ap- pointed and qualified in their stead. Each regent be- Regents must fore 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 of r board ation from its number a president and an executive com- mittee, of which committee the president shall be ex officio chairman. The board shall hold regular quar- Meetings. terly meetings, and during the interim between such meetings the executive committee may transact business for the whole board : Provided, That the executive com- mittee 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 ^°^ s - &na rules and regulations for its own government. The powers and duties of the board of regents are as fol- lows : First. The said board shall have full control of the Zouave full control. university 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. Second. It shall be the duty of the board of regents, courses°of be with the assistance of the faculty of the university, to study ' prescribe the course of study in the various depart- ments of the institution and to publish the annua! catalogue. Third. The said board shall grant to every student, J° p f r ^ upon 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 98 CODE OF PUBLIC INSTRUCTION. Normal diplomas entitle holder to teach. To receive and control funds. To execute bonds to War Department. To make a biennial report. To receive no compensation except actual expenses. Faculty. shall ever be conferred in the consideration of the payment of money or other valuable thing. Any diploma granted by the normal department of the university shall entitle the holder to teach in any public school in this state during life, under regula- tions consistent with other provisions of law relating to life diplomas. Fourth. The board of regents is authorized to receive such bequests or gratuities as may be granted to the said university and to invest or expend the same ac- cording to the terms of said bequests or gratuities. The said board shall adopt proper rules to govern and protect the receipt and expenditure 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 em- powered to give and execute, on behalf of the State of Washington, 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 of January preceding each regular session of the legislature, to the Governor, a printed report of all the doings since their last report, giving full informa- tion of the receipt and expenditure of money, furnish an estimate of the needs of the institution, and give such information as will be helpful to the state author- ities in providing for the said institution. Seventh: The members of said board of regents shall serve without compensation. Each regent, however, shall be paid 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 of said board the same as any other claims are vouchered and audited. Sec. 187. The faculty of the University of Washing- ton shall consist of the president and the professors, and the said faculty shall have charge of the immedi- CODE OF PUBLIC INSTRUCTION. 99 ate government of the institution under such rules as may be prescribed by the board of regents. Sec. 188. The University of Washington shall never Non-sectarian, be under the control of any religious or sectarian de- nomination or society whatever. ,Sec. 189. The Attorney-General of the State shall be g^^ le al the legal advisor of the president and the board of adviser - regents of the university, and he shall institute and prosecute or defend all suits in behalf of the same. Chapter 2— Agricultural College. Sec. 190. The State Agricultural College, Experi- Establish- ment Station and School of Science of the State of Washington, as heretofore located at Pullman, Whit- man county, shall be an institution 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 prescribed by the board of regents ; shall be non-sectarian in char- acter, and devoted to practical instruction in agricul- andaim ture, 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, ex officio ° ' visitors. the Superintendent of Public Instruction, members of the Legislature, 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 ^ruction shall embrace the English language, literature, mathe- matics, philosophy, civil and mechanical engineering, chemistry, animal and vegetable anatomy and physi- ology 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 100 CODE OF PUBLIC INSTRUCTION. physical 5 ° f shall be to train teachers of physical science, and thereby further the application of the principles of physical science to industrial pursuits ; to collect in- formation as to schemes of technical instruction adopted in other parts of the United States and in foreign countries, and to hold farmers' institutes at such times and places and under such regulations as the bdard of regents may determine. reglnts 01 Sec. 193. The board of regents shall provide that all instruction given in the college shall, to the utmost practicable extent, be conveyed by means of practical work on the laborator}*", and shall provide in connec- tion with said college the following laboratories : One physical laboratory or more, one chemical laboratory or more, and one biological laboratory 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 connec- tion therewith provide instruction in the following subjects: Elementary mathematics, including elemen- tary trigonometary, 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 instruction in the following subjects — First: Physics, with special appli- of e i^truction S cat i° n °f 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 breed- ing and feeding of live stock, and the best mode of cultivation of farm produce. Seventh: Mining and CODE OF PUBLIC INSTRUCTION. 101 metallurgy. And it. shall appoint demonstrators in each of these subjects, to superintend the equipment of a laboratory and to give practical instruction in the same. Said board of regents shall establish an agri- f t *Pf r n ment cultural experimental station in connection with the department of agriculture of said college, appoint its officers and prescribe such regulations for its manage- ment as it may deem expedient. Said board of regents may establish other departments of said college, and provide courses of instruction therein, when those are, in its judgment, required for the better carrying out of the object of the college. Sec. 194. The management of said college and ex- SS periment station, the care and preservation of all prop- f xe regents. erty of which the institution shall become possessed, the erection and construction of all buildings necessary for the use of said college and station, and the dis- bursement 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 ^f ^™ eDt governor, by and with the consent of the senate, ne ofofflce - 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 E 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, condi- tioned 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 become vacant. All other appoint- ments made subsequent to the appointment of the first board of regents provided for in this act, shall be for regents. 102 CODE OP PUBLIC INSTRUCTION. Three regents from Eastern Washington. Organization of board. Treasurer. Bond, $40,000. President of college to be secretary of board. Bond, $5,000. Duties of president of the board. Treasurer. Secretary. the term of six years and until the appointment and qualification of a successor to each appointee : Provided further, That at least three of the members of the board of regents so appointed shall be residents of Eastern Washington and one shall be a resident of Western Washington: Provided further, That regents now serv- ing \jpon 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 organize, by the election of its president and treasurer from their own number, on the first Wednes- day in April of each year. The person so elected as treasurer shall, before entering upon the discharge of his 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 forty thousand dollars (#40,000), conditioned for the faithful performance of his duties as such treas- urer, 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 college shall be secretary of the board of regents, and shall perform all the duties per- taining to that office, but shall not have the right to vote. The secretary shall in like manner as the treas- urer 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 executive officer, shall preside at all meetings thereof (except that in his absence the board may ap- point a president pro tempore) and sign all instruments required to be executed b} 7 said board. The treasurer shall be the financial officer of said board, shall keep a true account of all moneys received and expended by him. The secretary shall be the recording officer of said board, shall attest all instruments required to be CODE OF PUBLIC INSTRUCTION. 103 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 £ y e S| enact shall be their duty, to enact laws for the government of said agricultural 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 dis- J e e n g e e r n a \ s c ^I e position of any moneys belonging to or appropriated troloffimds to the agricultural college, experiment station and school of science, established by this act, and shall make all rules and regulations necessary for the man- agement of the same, adopt plans and specifications for necessary buildings, and superintend the construction of said buildings, and fix the salaries of professors, teachers and other employes, and tuition fees to be charged in said college. Sec. 199. The agricultural experiment station pro- ^*Pf " ment vided for in this act in connection with said agricul- If congress, tural college shall be under the direction of said board of regents of said college for the purpose of conduct- ing experiments in agriculture according to the terms of section one (1) of an act of congress, approved March 2, 1887, and entitled "An act to establish agri- cultural experiment stations in connection with the colleges established in the several states, under the pro- visions of an act approved July 2, 1862, and of the acts supplementary thereto." The said college and ex- periment station shall be entitled to receive all the benefits and donations made and given to similar in- stitutions 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, 104 CODE OP PUBLIC INSTRUCTION. Assent to congressional requirements. Meetings of board of regents. Regents must subscribe to oath. Expenses of regents. 1862, and all acts supplementary thereto, including the acts entitled "An act to establish agricultural ex- periment stations in connection with colleges estab- lished in the several cities under the provisions of an act approved July 2, 1862, and of the acts supple- mental thereto," which said last entitled act was approved March 2, 1887 ; also, "An act to apply a por- tion 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, estab- lished under the provisions of an act of congress ap- proved 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 requirements of section nine (9) of said act of Con- gress, approved March 2, 1887, to the granting of money therein made to the establishment of experi- ment 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 pro- vision 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 transaction 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 col- lege building. No vacancy in said board shall impair the rights of the remaining board. A full meeting of the board shall be called at least once a year. Sec. 202. Each member of the board of regents created by this chapter shall, before entering upon his duties, take and subscribe an oath to discharge faith- fully and honestly his duties in the premises, and to perform strictly and impartially the same to the best of his ability; said oath shall be filed with the Secre- tary of State. Sec. 203. The regents shall be allowed their actual and necessary traveling expenses in going to and re- CODE OF PUBLIC INSTRUCTION. 105 turning from all the necessary sessions of their board ; and also their necessary expenses while in actual at- tendance upon the same. Sec. 204. The board of regents shall, on or before ^niai the first 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 expendi- tures, 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 transmit the same to the succeeding session of the Legislature. A copy of said report shall be furnished to the Superin- tendent of Public Instruction. Sec. 205. The treasurer of said board shall make o/?und^ meilt disbursements 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 ac- count the disbursement is made. Sec. 206. No employe or member of the board gSJfgJSf 6 created by this chapter shall be interested pecuniarily, fn^eresfm any either directly or indirectly, in any contract for any ° building or improvement of said institution, or for the furnishing of supplies for the same. Sec 207. The Governor of the state shall be ex officio KoSmem- advisory member of the board provided for in this b chapter, but shall not have the right to vote, nor be eligible to office therein. Sec. 208. The board of regents are hereby em- j^fg*^ powered to 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 ^™ t e > e herein provided for, as soon after their organization as JJJJlSwmta practicable, and as soon as there shall be an appropria- tion therefor in the hands of the State Treasurer in any amount sufficient to warrant the beginning the erection of the several buildings herein provided for, or any wing or section of the same, to enter into con- tracts with one or more contractors for the erection 106 CODE OP PUBLIC INSTRUCTION. 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 contracts 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 giTOboiids St0 reo i u i re from contractors a good and sufficient bond for the faithful performance of the work, and the full pro- tection 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 improvements which shall bind said board to pay out any sum of money in excess of the amount provided for said purpose. architect's. 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 pro- visions and restrictions of this act. toissue Sec. 211. Whenever there shalb be any money in warrants on proper funds, 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 com- mence 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. CODE OF PUBLIC INSTRUCTION. 107 Chapter 3.— Normal Schools. Sec. 212. The state normal school at Cheney, the state normal school at New Whatcom, the state normal ^l^ 11 * 11 " school at Ellensburg, and such other state normal schools as may hereafter 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 S£P orate state normal school at " At least two mem- bers of each board of normal school trustees shall be residents of the county in which the school of which they are trustees is situated, said trustees to be appointed by the governor, by and with the advice and consent of the senate. Sec. 213. All trustees of the state normal schools £ p t p ™^ s ent serving at the time of the passage of this act shall con- tinue 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 un- expired term of the trustees whose office has become vacant. In case of the establishment of any additional Term of office. 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 J/ecfoacers. elect one of its members chairman, and it shall elect a clerk, who may or may not be a member of the board. Each board shall have power to adopt by-laws for its %°_i™ c s [ government and for the government of the school, which by-laws shall not be inconsistent with the pro- visions of this act, and to prescribe the duties of its officers, committees and employes. A majority of the Quorum. board shall constitute a quorum for the transaction of all business. Sec. 215. Each board of trustees shall have power, JJ™ ana and it shall be its duty — First: To elect a principal for such period as it may jSiSSSi. determine, and to elect such other teachers and assist- ants as the necessities of the school may require. 108 CODE OF PUBLIC INSTRUCTION. To provide a librarian. To provide text-books To have charge of erection of buildings. To audit all accounts To provide supplies. Boarding houses. Meetings of board. Second : To provide a librarian for the school who shall have charge of all books, maps, charts and ap- paratus thereof, under such regulations as maybe pro- vided by law or by the by-laws of the board of trustees ; also to choose a janitor and such other employes as ay become necessary, and for good and lawful reasons to discharge any or all such teachers and em- ployes. Third: To adopt and provide the necessary text- books, and 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 build- ings pertaining to the school, unless otherwise expressly provided, and to have the care and manage- ment 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 Treas- urer 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 pro- vide 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 nec- essary 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 necessar}^ 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. 217. 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 CODE OF PUBLIC INSTRUCTION. 109 special meetings may be held as shall be deemed nec- essary, such special meetings to be called by the chair- man 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 J5S8J2. 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 pur- sued, 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 ^ t e £ tes county institutes and other educational gatherings, and to lecture upon educational topics that are calculated to enhance the interests of popular education or of his school. The board of trustees shall audit and allow all anowlT. s his necessary expenses incurred in traveling. Sec. 219. A model school or training department Model school. shall be provided for each state normal school contem- plated by this act, in which all students, before grad- uation, shall have actual practice in teaching for not less than twenty weeks under .the supervision and ob- servation of critic and training teachers. A manual Manuai^mnii- training department for each school under its control shall also be provided, and a suitable teacher employed for each. Sec. 220. Every diploma of graduation from a state j?ertStes nd normal school or certificate issued therefrom shall be issued ' how - signed by the 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 pres- HQ CODE OF PUBLIC INSTRUCTION. ident of the State Board of Education ; and all diplomas or certificates shall be stamped with the seal of the State Board of Education. Every diploma and certifi- cate shall specifically state what course of study the holder has taken, and for what length of time said di- ploma or certificate is valid as a certificate to teach in the schools of this state. Tuition free g EC- 221. No charge shall be made against any stu- to residents. ° ° ^ dent for tuition in any of the normal schools contem- plated 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 other states Tuition $100 to or territories may be granted scholarships which shall non-residents. J ° x -it 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 sum 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 re- quired to furnish satisfactory evidence of good moral character, and any student may be suspended or ex- pelled 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 govern- ment. courses of Sec. 222. (As amended by H. B. 472, Laws of 1899.) study. v •> The board of higher education shall prescribe the fol- lowing courses of study. which shall be uniform for all state normal schools of the state : (1) An elementary course of three years; (2) An advanced course of two years for those who have completed the elementary course ; (3) An advanced course of two years for grad- uates from a four year high school accredited by the board of higher education ; (4) An advanced course of one year for graduates from colleges and universities. A student who completes the elementary course shall receive a certificate which shall entitle him to teach CODE OF PUBLIC INSTRUCTION. HI the common schools of the state for a period of five years. A student who completes any advanced course °{fj^ sof shall receive a diploma which shall entitle him to teach in the common schools of the state for a period of five years and upon satisfactory evidence of having taught successfully for two years during the time for which the diploma was issued, shall receive a life diplo- ma issued by the state board of education. Graduates from accredited high schools shall receive an elemen- tary certificate after completing one year's work of the advanced course: Provided, That no one shall receive a diploma or certificate who has not been in attend- ance one school year of forty weeks, and who has not given evidence of ability to teach and govern a school by not less than twenty weeks' practice teaching in the training school : Provided further, That any of the fore- going certificates or diplomas may be revoked by the State Board of Education for incompetency, immorality or unprofessional conduct. The board of higher edu- cation shall also prescribe uniform rules and regula- tions for admission to and graduation from the state normal school : Provided, That a student shall pass the examination required for a third grade teacher's certif- icate before entering the second year of the elementary course, and shall pass the examination required for a second grade teacher's certificate before entering the third year of the elementary course. Sec. 223. (As amended by H. B. 472, Laws of 1899.) The board of trustees shall provide out of funds appro- Textbooks. priated for the purpose, such text books and supplies as are needful for successfully carrying into effect the course of study prescribed. Each student upon admis- sion to the school may be required to pay into the li- brary fund of the school a sum not to exceed $10.00, one-half of which shall be applied to the support of the general library and reading room, and the remaining half shall be kept as indemnity for loss or damage of books belonging to the school in the hands of the stu- dent, and shall be returned to him after deducting such 112 CODE OF PUBLIC INSTRUCTION. Requirements for admission. Annual meeting of principals. Biennial report. Report con- tains what. Trustees shall have no pecu- niary interest in any con- tract. amount which may be justly charged for any loss or damage beyond reasonable wear. 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 other- wise he or she shall have established 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 several state normal schools contemplated by .this act to meet once annually to consult with each other relative to matters concerning their school work, and to discuss methods of teaching and plans of manage- ment. Sec 226. Each board of normal school trustees shall biennially on or before the first day of October next preceding each regular session of the state legis- lature of this state, make, through its secretary, a re- port to the Governor of the state, which report shall be included with and constitute a part of the biennial re- port of the Superintendent of Public Instruction. Said normal school report shall embrace a statement of the 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 pur- sued in the several schools, and such other information as may be deemed advisable. Sec. 227. No normal school trustee shall be awarded any contract for the erection, repair or the furnishing of any building belonging to any state normal school contemplated by this act, nor for the furnishing of sup- plies or materials for the same ; and no such trustee shall act as agent for any publishing house proposing to furnish books for such school. Any trustee who shall violate any of the above named provisions shall, upon conviction thereof, be fined in any sum not ex- CODE OF PUBLIC INSTRUCTION. H3 ceeding 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, S blish - blind and feeble minded youth of the State of Wash- ington, as heretofore located and maintained at Van- couver, Clarke county, shall continue to be known as the "Washington School for Defective Youth." Sec. 229. Said school shall be free to all resident ? ree to r( L si - clent youth. youth 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 conta- gious diseases. Sec. 230. Said school shall be under the manage- Management o in board of ment of a board of trustees, consisting of five persons regents - 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 pro- Tonavegen- ° x eral control. vided, said board of trustees and their successors shall have the management 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, occur- Appointment or trustees. ring 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 adjourn- ment of the legislature, of a trustee or trustees to be confirmed by the senate, to serve for six years from Term of office, the first day of July following the date of his or their confirmation, and until his or their successor or succes- sors shall be appointed and confirmed. Sec 233. Vacancies in the board of trustees, caused v ; by the death, resignation, departure from the State of —8 acancies. 114 Constitution of board. Official notice of appoint- ment. Regular meeting. Treasurer's bond. Adopt by-laws Special meetings. CODE OF PUBLIC INSTRUCTION. 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 Legis- lature 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 edu- cator, 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 Wednes- day of May in each year ; at which meeting a president, a vice president 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 fol- lowing, 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 reg- ular meeting to be held on the last Wednesday of May, 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, 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 thou- sand 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 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 held at any time, on request of the executive committee, and shall be held on the written request of CODE OF PUBLIC INSTRUCTION. H5 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 meeting. Sec. 240. Three members of the board of trustees Quorum. shall constitute a quorum for the transaction of busi- ness. Sec. 241. Official notice of each meeting of the board meetings, of 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 Committee school on the last Wednesdays of August, November, meetmgs - February and May, in each school year, and at other times as often as may be necessary for the proper per- formance of their duties. Sec. 243. The executive committee, upon their visits executive the to the school, shall inspect the real and personal prop- commmee - erty of the 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 treas- urer 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, JJSSvBno have any direct or indirect personal interest in any f^^un contract, agreement or indebtedness on account of the any contract - school in any way. Sec. 245. The financial and official year of the school oinciai year, shall begin on the first day of July, and end on the thirtieth day of June, following. Sec. 246. The regular term of school shall begin on Term of school. the 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 ^port* 1 of the State of Washington, the board of trustees shall present to the governor, for transmission to the legis- lature, a full report of the operations of the school dur- ing the previous two school years, showing the amount, 116 CODE OP PUBLIC INSTRUCTION. Director. Duties of the director. Removal of director. Non-resident pupils. Duty of district school clerk. County super- intendent to report. condition and value of all real and personal property of the school, receipts and expenditures of money, num- ber 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 com- petent 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, selec- tion and control of em ployes, regulation of the household f 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 lay 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 districts in the State of Washington at the time for making the annual reports to report to the school superintendent of their respective counties the names of all deaf, mute, blind or feeble minded youth resid- ing 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 superintendent to make a full and specific report of such defective youth to the county commissioners of his county at the regular meeting of said commissioners CODE OF PUBLIC INSTRUCTION. 117 held in August in each 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 SgggSSe? guardians of all such defective youth to send them each year to the said state school for defective youth. The county superintendent 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 prop- erly 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 re- ceive a proper education. Sec. 255. (As amended by H. B. 472, Laws of 1899.) If it appears to the satisfaction of the county comrais- defective* ° f sioners that the parents of any such defective youth youth - within their county are unable to bear the expense of sending and returning them to said state school, it shall then be the duty of the commissioners to send and return them to and from said school or to maintain them at said school during vacation at the expense of the county. Sec. 256. Any parent, guardian, school superin- Penalty, tendent or 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 jus- tice 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 Repealing existing Code of Public Instruction of the State of Washington, sctooiiaws. 118 CODE OF PUBLIC INSTRUCTION. and shall be construed as repealing chapter vi of title in, chapter vn of 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 Washing- ton ; and also repealing all amendments thereto ; also repealing an act entitled "An act concerning the for- mation of new school districts, changing the bounda- ries and transferring 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 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 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 in- curred in excess of one and one-half per centum of the' taxable property of the school district, without the as- sent of three-fifths of the voters of the school district voting at an election held for that purpose, and declar- ing that an emergency exists for the taking effect of this act on its passage and approval by the Governor," 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 required for the formation of new school districts, and declaring an emergency," approved March 13, J 895; also repealing an act entitled "An act to authorize counties, cities, towns and school districts to provide temporary funds for current expenses 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 har- REGISTRATION OP VOTERS. U9 monizing 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 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 anv school elec- women must x J register. tion, either general or special, to be held in any school district in this state having a population of ten thou- sand or more inhabitants, as shown by any regular or special census, unless he or she shall have previously complied with the requirements as to registration, as in this act provided. Sec. 2. The secretary of the board of education in boar^educa- each district subject to the provisions of this act shall S^KSwS?*" keep the books of registration herein provided for, and shall register therein the names of all duly qualified voters in his district, on application, in the manner and at the times herein specified. Sec. 3. The board of education of each district sub- Board of education to lect to the provisions of this act, shall furnish the sec- furnish wanks J * ' and books retary of such board, at the expense of the district, all ^Jw;;" blanks and books of registration herein provided for, within thirty days after this act shall become a law. Thereafter, after each general election 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 education of each district shall furnish, at the expense of their respective districts, all funds necessary for car- rying out the provisions of this act. Sec. 4. The books of registration shall be opened for Registration ° c books open the purposes of registration, at the office of the secre- when - 120 REGISTRATION OF VOTERS. Notice to be published of closing of books. Registration required but once each year Prerequisites to registration Registration books. Registration districts. tary of the 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 dis- trict. The secretary of the board shall give notice of the closing of the books of registration in his district by notice published in a newspaper of general circula- tion, published in his district, at least ten days before the day for closing said books. 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 edu- cation 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 pre- cinct 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 con- tain as near as may be five hundred inhabitants, and after the boundaries of such precincts shall have been established, said territory shall not be redistricted oftener than once in three years, and not then unless REGISTRATION OF VOTERS. 121 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 precincts 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 Fo ™°f o registration so arranged as to admit the alphabetical classification record - of the names of the voters, and ruled in parallel col- umns with appropriate heads, as follows : Date of reg- istration, name, age, occupation, place of residence, place of birth, time of residence in the state, county and precinct, and if of foreign birth, name and place of court and date of declaration of intention 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 defi- nite 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 en- tries above required, in the column headed "Signa- ture," 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 signature, 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 op- posite said mark as an identifying witness thereto. Sec. 8. No person shall be registered unless he or 122 REGISTRATION OF VOTERS. Must register in person. Oath to be taken. Secretaries empowered, to administer oath. Penalty for false oath. Change of resi dence of regis- tered voter. she appears in person before the secretary of the board of education in the district in which such elector re- sides, during the hours the books are opened for regis- tration, 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 qualified school elector, under the laws of the State of Washington, 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 eighty 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 hereby empowered to administer all necessary oaths in examining applicants for registration, or any witnesses that may be offered on behalf of any ap- plicant. The said secretary shall examine carefully any applicant whose right to register he may doubt, or who may be challenged, and if the applicant 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 taking the oath or making the affirmation herein prescribed, or shall falsely personate another and pro- cure the person so personated 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 registered, or if any person shall cause any name to be placed upon the register 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 REGISTRATION OF VOTERS. 123 place of residence 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 pre- cinct 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 secretary shall enter the name and re-register the elector in the registration book of the ward to which he or she has removed. 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 ^method held within the district during the year for which said u f nde?. cedme 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 witnesses that may be produced on oaths, touching the right of such elector to vote; the judges shall then, unless they dismiss 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, other- wise 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 sub- jected to the pains and penalties of perjury. Sec. 13. The board of education in each district to J^^m*^ which this act applies shall, at their last regular meet- offlcers - ing before any general or special school election to be held in their district, appoint two judges of election and one clerk for each voting precinct within such dis- trict. Both the judges and the clerk shall be qualified school electors in the precinct for which they are ap- pointed. Sec. 14. On the morning of any general or special Jggg »* j;; n _ school election the secretary of the board shall deliver oration!" 1 * to the clerk of each voting precinct within his district, the original book of registration of the precinct for which ssuch clerk was appointed. Each clerk of elec- tion shall return the book of registration entrusted to 124 REGISTRATION OF VOTERS. him to the secretary of the board at the time of the delivery of the ballots cast in the precinct at such elec- tion, and it shall be unlawful for any clerk or any judge of election, to cause or allow any marks or alter- ations 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. Board to pro- g EC 15 The manner of voting at school elections vide suitable ° polling places, s ^ a \i ^e ^ e same as i s 110W provided by law. The board of education in each district shall provide suit- able polling places, at a 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. Not to repeal s EC . 16. Nothing in this act contained shall be con- act relating to D cities of 10,000 s t rU ed as a repeal of an act entitled "An act to estab- or more. r lish a system of common schools in cities of ten thousand or more inhabitants, and to provide for properly maintaining, governing and grading 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. COMPULSORY ATTENDANCE. 125 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 ^fadeS 11 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 verte- brate animal in the presence of any pupil in said school, or any child or minor there present ; 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 pacing. 1 * act, shall be punished by a fine of not less than fifty nor more than one hundred dollars. Passed the House January 26, 1S97. Passed the Senate February 11, 1897. Approved by the Governor February 17, 1897. RELATING TO COMPULSORY ATTENDANCE. [Chapter cxl, Session Laws of 1899.] An Act providing for the compulsory attendance of children in the public schools in cities of more than ten thousand inhabi- tants. Be it enacted by the Legislature of the State of Washington: Section 1. Every person residing in a city contain- ^ h t 1 e 1 n \ 1 1 t '"hoo'i l ing ten thousand or more inhabitants, having under montiis. M his control a child between the ages of seven and fif- 126 COMPULSORY ATTENDANCE. teen years, shall annually cause such child to regularly attend some public day school at least six full school months, and for every neglect of such duty the person so offending shall be fined not exceeding twenty-five dollars : Provided, If the person so charged shall prove, or shall present a certificate made by or under the di- rection of the board of directors of the city wherein he resides, setting forth that the child has attended for the required time a private day school approved by the board of directors of the city wherein such school is located, or that the child has otherwise been furnished for a like period of time with the means of education, or has already attained a reasonable proficiency in the common school branches of the first eight years as out- lined in the course of study for the common schools of the State of Washington, or that his physical or men- tal condition was such as to render his attendance inexpedient or impracticable, or that the child for sat- isfactory reasons has been excused from attending school by the board of directors of the city in which he resides, then such penalty shall not be incurred. Board of g EC 2. For the purpose of this act the board of di- directors may r r tamprfvate rectors of the several cities shall approve a private schools. school only when the teaching therein is in the Eng- lish language, and when they are satisfied that such teaching is thorough and efficient and when the per- sons in charge of said school shall keep the record of attendance of the pupils thereof upon blanks provided by the state for such purpose, and shall render the board of directors of the city where such school is lo- cated a detailed report of the attendance of any pupil for any specified time : Provided, That the request for such report be made in writing and sets forth that such pupil is suspected of irregular attendance. Board must Sec. 3. The board of directors of each city shall an- appoint truant officers. nually appoint one or more special officers, and fix their compensation, who shall be truant officers and who shall, under the direction of the board of directors, in- quire into all cases arising under the provisions of this act, or under any rules made in pursuance thereof, by COMPULSORY ATTENDANCE 127 the board of directors by which such officers were ap- pointed, and such officers shall have power and author- ity in case of the violation of any of the provisions of this act to make complaint therefor to the superior court as hereinafter provided; they shall also sue all legal processes issued in pursuance of this act or of any such rules, but shall not be entitled to receive fees for such services. Sec. 4. The secretary of the board of directors of the boar^must 1 several cities shall furnish the truant officers of their of^fidrennot respective cities the names of all children between the schoois ng ages of seven and fifteen which are found upon the census rolls for the current year and are not enrolled in any of the public day schools of the city, and it shall be the duty of the truant officers to ascertain in all cases why such children are not attending school and inquire into all cases of neglect of duty prescribed in section one of this act, and such truant officers, or any of them, shall, when so directed by the board of direc- tors, proceed with the necessary legal processes against any person liable to the penalty provided for in sec- tion one. Sec. 5. No child under the age of fifteen years shall shaifnotbe be employed in any manufacturing, mechanical or mer- c™tamv d oca- cantile establishment, or by any telegraph or telephone company in this state, except daring the vacations of the public schools of the city in which such child re- sides, unless, during the twelve months next preceding ' such employment, he shall have attended school as provided for in section one of this act, or has already attained a reasonable proficiency in the common school branches for the first eight years as outlined in the course of study for common schools of the State of Washington, or shall have been excused b}' the board of directors of the city in which such child resides; nor shall such employment continue unless such child shall attend school each year, or until he shall have acquired the elementary branches of learning taught in the public schools as above provided. Sec. 6. No child under the age of fifteen years shall 128 COMPULSORY ATTENDANCE. Certificate of attendance at school may excuse child from provi- sions of Sec. 5. Penalty for violation of Sees. 5 and 6. Truant officer must visit es- tablishments employing children. Shall demand names of children employed. Penalty for employment of child who cannot write name legibly. be so employed who does not present a certificate made by or under the direction of the board of directors of the district in which such child resides, of his compli- ance with the requirements of section five of this act; and said certificate shall also give the place and date of birth of such child as nearly accurate as may be ; and every owner, superintendent or overseer of any estab- lishment or company employing any such child shall keep such certificate on file so long as such child is em- ployed therein. The form of said certificate shall be furnished by the Superintendent of Public Instruction. Sec. 7. Every owner, superintendent or overseer of any such establishment or company who employs or permits to be employed any child in violation of any of the provisions of the two next preceding sections, and every parent or guardian who permits such em- ployment, shall be fined not exceeding twenty-five dollars. Sec. 8. The truant officers shall, at least once in every school term, and as often as the board of directors shall require, visit the establishments or companies employ- ing such children in their respective cities, and ascer- tain whether the provisions of the three next preceeding sections hereof are duly observed, and report all viola- tions thereof to the said board. Sec. 9. The truant officers shall demand the names of the children under fifteen years of age employed in such establishments or companies in their respective cities, and shall require the certificates of age and school attendance prescribed in section six of this act, to be produced for their inspection ; and a refusal to produce such certificate shall be punished by a fine not exceeding twenty-five dollars. Sec 10. Every owner, superintendent or overseer of any such establishment or company who employs or permits to be employed therein a child under sixteen years of age who cannot write his name, age and place of residence legibly, while the public schools in the city where such child lives are in session, shall for every such offense be fined not exceeding twenty-five dollars. COMPULSORY ATTENDANCE. 129 Sec. 11. The board of directors of each school dis- trict shall make all needful rules and provisions gov- directore shall erning habitual truants and children who may be ISSuS? 8 found wandering about in the streets or public places t! therein, having no lawful occupation or business, not attending school, and shall make such rules as will be most conducive to the welfare of such children in such city; and shall designate or provide suitable provisions for the discipline and instruction of such children. Sec. 12. The board of directors of each school dis- Sha11 make report to State trict under the provisions of this act shall annually re- lotion port to the state board of education whether their respective cities have made provisions required by this act ; and in case the said board of anv citv shall in anv Penal ty f «r J J J failure to year refuse or neglect to comply with the provisions of make report - section three and section eleven of this act, or of either of them, after having been duly notified by the superin- tendent of public instruction, twenty-five per centum of the money apportioned to such city from the state for school purposes shall be withheld until the provis- ions of said section three and section eleven of this act have been complied with. Sec. 13. All fines under the provisions of this act Fines to go , ,, . , . into public shall mure and be applied to the support of the public sca ° o1 fund - schools in the city where such offense was committed. Sec 14. The superior courts of the state shall have superior - 1 Courts have jurisdiction in their respective counties of all cases J urisdi ction. arising under this act, and all rules passed in conform- ity with this act. Sec. 15. No officer performing anv duty under any " mceisshaU 1 ° J J • not be liable of the provisions of this act, or under the provisions of forco .* ts . any rules that may be passed in pursuance hereof, shall o^du™ ance not in anywise become liable for any costs that may accrue in the performance of any duty. Passed the House March 2, 1899. Passed the Senate March 9, 1899. Approved March 14, 1899. To take effect June 14, 1899. —9 130 GRAMMAR SCHOOL EXAMINERS. Appointment by county su- perintendent. Board. Proviso. PROVIDING FOR COUNTY BOARDS OF GRAMMAR SCHOOL EXAMINERS. [Chapter xlix, Session Laws of 1901.] An Act providing for county boards of grammar school examin- ers, prescribing manner of appointment, term of office, duties and compensation of such boards. Be it enacted by the Legislature of the State of Washington: Section 1. The county superintendent of common schools may, when in his judgment the interest of the schools of the county demand it, appoint, for one year, four persons who, with the county superintendent, shall constitute a county board of examiners for the examination of pupils of the common schools of the county desiring grammar school certificates of gradua- tion: Provided, That no person shall be eligible for appointment as a member of said board who does not at the time of his appointment hold a valid teacher's certificate in full force and effect under the laws of the State of Washington: Provided further, That the county superintendent may appoint assistant examiners who shall serve without pay. Sec. 2. It shall be the duty of the said board of grammar school examiners to meet at the county seat at the call of the county superintendent for the purpose of examining pupils desiring grammar school certifi- cates of graduation, and of examining and grading such manuscripts as may be on file in the county superintendent's office, written by pupils under the supervision of any assistant examiner. Such examina- tion shall be conducted according to rules prescribed by the Superintendent of Public Instruction, and no other questions shall be used in said examinations except those approved or furnished by him. compensation. Sec 3. County examiners appointed by the county superintendent shall receive three dollars per day for the time actually employed in the examinations herein provided for; such compensation shall be paid out of the current expense fund of the county: Provided, Proviso. That no examiner shall receive pay for attendance Proviso. Duty of board. Examination. SCHOOL DISTRICTS. 131 upon more than two meetings of said board in any one year, nor for more than four days at any one of such meetings. Passed the House February 18, 1901. Passed the Senate March 4, 1901. Approved by the Governor, March 6, 1901. AMENDING BALLING-ER'S CODE EELAT1VE TO SCHOOL DISTRICTS. [Chapter civ, Session Laws of 1901.] AN Act amending section 2394, Ballinger's Annotated Codes and Statutes of the State of Washington, and declaring an emer- gency. Be it enacted by the Legislature of the State of Washington: Section 1. That section 2394, Ballinger's Annotated Amendment. Codes and Statutes of the State of Washington be and the same is hereby amended to read as follows : " Sec. 2394. 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 ^fe issued the purchase of any school house site, or the building of any school house, or the furnishing of the same, and the amount of said bonds so issued and negotiated did not, at the time of their issue, exceed the sum of five 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 o/^onaf 6 greater than that borne by the original issue of bonds, par for par, without any further vote of the school dis- trict 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: Provided, That in cities of ten ^t°J s is °mor°e thousand population or more, whenever any bonds lhan10000 ' issued under the provisions of this article shall reach maturity and shall remain unpaid, the board of direc- tors thereof shall have the power to fund the same by issuing coupon bonds conformable to the requirements 132 Proviso. Denomina- tions. Emergency. TEACHERS' CONTRACTS. of this act and exchanging the same par for par, for the outstanding bonds as aforesaid, without any further vote of the school district : Provided further , That such bonds shall be issued in denominations of 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 per centum per annum." Sec. 2. An' emergency exists and this act shall take effect immediately. Passed the Senate February 28, 1901. Passed the House March 13, 1901. Approved by Ijjie Governor March 16, 1901. Wilful violation, by resignation. RELATIVE TO VIOLATION OP CONTRACTS BY SCHOOL TEACHERS. [ Chapter cxxvi, Session Laws of 1901.] AN Act relatiDg- to school teachers who violate their contracts for teaching. Be it enacted by the Legislature of the State of Washington : Section 1. All teachers in the public schools of this state who shall willfully violate the terms of his or her contract for teaching by resigning his or her position as teacher without a written notice given to the school board at least thirty days before the time when the res- Re t?ficate n and ignation shall take effect shall have his or her certifi- cate revoked by the state school superintendent upon due notice from the school board, and shall be disqual- ified from teaching in the public schools of the state for the remainder of the school year : Provided, That sickness or other unavoidable circumstances which pre- vent the teacher from teaching one month shall be suf- ficient reason for the termination of the contract: And provided further, That a school board may release a teacher from a contract by mutual agreement. Passed the House March 8, 1901. Passed the Senate March 14, 1901. Approved by the Governor March 16, 1901. cer disqualifica- tion Proviso. LIQUOR LICENSE FEES. 133 Sec. 2383, Ballinger's Code. — Except as otherwise provided by law, all sums of money derived from fines u^offensfesgo imposed for violations of orders of injunction, man- schooffund 1 damus 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 nvedfromsaie laws, and all funds arising from the sale of lost goods golntogenerai 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 ac- crued, 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. (Cf. L. '90, p. 383, sec. 89; 1 H. C, sec. 820; L. '97, p. 400, sec. 113). Sec. 2933. Ballinger's Code. — The board of county commissioners of each county in the State of Wash- ington shall have the sole and exclusive authority and power to regulate, restrain, license or prohibit the sale or disposal of spirituous, fermented, malt, or other in- toxicating liquors outside of the corporate limits of each incorporated city, incorporated town, or incorpo- rated village in their respective counties : Provided, That the annual license fee for the sale of spirituous, 35 per cent, of r ' moneys de- fermented, malt, or other intoxicating liquors shall, in uquor'ncenses no instance, be less than three hundred dollars or more fchooTfu°n U d nty than one thousand dollars, which said license fee shall be paid annually in advance to the county treasurer, who shall pay ten per cent, of the amount into the general fund of the State Treasury, thirty-five per cent, into the county school fund, and the remaining fifty-five per cent, into the general county fund: Pro- vided further, That no license shall be granted to sell spirituous, fermented, malt, or other intoxicating li- quors by said county commissioners within one mile of the corporate limits of any incorporated city, town or village. (L. '88, p. 124., Sec. 1 ; 1 H. C, Sec. 2808). ^ppEisnorx. STATE CONSTITUTION— OFFICIAL OPINIONS AND RULINGS ON QUESTIONS OF SCHOOL LAW- FORMS FOR USE OF SCHOOL OFFICERS AND TEACHERS. CONSTITUTION, STATE OF WASHINGTON. PREAMBLE. WE, THE PEOPLE OF THE STATE OF WASHINGTON, GRATEFUL TO TIIK SUPKKMK RULER OF THE UNIVERSE FOR OUB LIBERTIES, DO ORDAIN THIS CONSTITUTION. ARTICLE I. -.-DECLARATION OF RIGHTS. Section 1. All political power is inherent in the JJjJS? 8 people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights. Sec. 2. The Constitution of the United States is the supremeiaw. supreme law of the land. Sec 3. No person shall be deprived of life, liberty Rte&t of trial, or property without due process of law. Sec 4. The right of petition, and of the people gjggoj peaceably to assemble for the common good, shall never be abridged. Sec 5. Every person may freely speak, write and guaranteed, publish on all subjects, being responsible for the abuse of that right. Sec 6. The mode of administering an oath, or affir- Administered mation, 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 7. No person shall be disturbed in his private SSSl aflWra affairs, or his home invaded, without authority of law. Sec 8. No law granting irrevocably any privilege, franchise or immunity shall be passed by the legisla- ture. Sec 9. No person shall be compelled in any criminal }™Jgg tt case to give evidence against himself, or be twice put in jeopardy for the same offense. Sec 10. Justice in all cases shall be administered openly, and without unnecessary delay. (137) com iction. 138 STATE CONSTITUTION. Sec. 11. Absolute freedom of conscience in all matters uberty° us °* re ligious 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 licentious- ness, or justify practices inconsistent 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 religious 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 effect the weight of his testimony. PegSshaiinot ^ec. 12 ' No * aw sna ^ ^ e passed granting to any be granted. citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens or corporations. corpus f hat>eas Sec - 13 - Tne Privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion or invasion the public safety requires it. Excessive ban. Sec 14. Excessive bail shall not be required, exces- sive fines imposed, nor cruel punishment inflicted. Sec 15. No conviction shall work corruption of blood, nor forfeiture of estate. Taidngofpri- Sec 16. Private property shall not be taken for vate property. r r >/ private use, except for private ways of necessity, and for drains, flumes or ditches on or across the lands of others for agricultural, 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 compen- sation therefor be first made in money, or ascertained and paid into the court for the owner, irrespective of STATE CONSTITUTION. 139 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 manner 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. 17. There shall be no imprisonment for debt, menTfoVdebt. except in cases of absconding debtors. Sec. 18. The military shall be in strict subordination ^wdmate. to the civil power. Sec. 19. All elections shall be free and equal, and no mus^befree power, civil or military, shall at any time interfere to ande( i ua1 ' prevent the free exercise of the right of suffrage. Sec. 20. All persons charged with crime shall be bailable by sufficient sureties, except for capital offences, when the proof is evident or the presumption great. Sec 21. The right of trial by jury shall remain in- byVry. l violate, 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 ^Te^cmn-t, have the right to appear and defend in person and by counsel, to demand the nature and cause of the accu- sation 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 ap|eai° f shall any accused person before final judgment be com- pelled to advance money or fees to secure the rights herein guaranteed. Sec 23. No bill of attainder, ex post facto law, or law Expost facto 140 STATE CONSTITUTION. Right to bear arms. Prosecution by information. Grand jury. Treason. Constitution mandatory. Standing army. impairing the obligations of contracts shall ever be passed. Sec. 24. The right of the individual citizen to bear arms in defense of himself or the state shall not be im- paired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men. Sec. 25. Offenses heretofore required to be prose- cuted by indictment may be prosecuted by information or by indictment, as shall be prescribed by law. Sec. 26. No grand jury shall be drawn or summoned in any county, except the superior judge thereof shall so order. Sec. 27. Treason against the state shall consist only in levying war against the state, or adhering to its en emies, 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 man- datory unless by express words they are declared to be otherwise. Sec 30. The enumeration in this constitution of cer- tain rights shall not be construed to deny others re- tained 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 quartered 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 prin- ciples is essential to the security of individual right and the perpetuity of free government. ARTICLE II.— LEGISLATIVE DEPARTMENT. Legislature.- Section 1. The legislative powers shall be vested in a Senate and House of Representatives, which shall be called the Legislature of the State of Washington. STATE CONSTITUTION. 141 Sec. 2. The House of Representatives shall be com- posed of not less than sixty-three nor more than ninety- ^™}^ shi nine members. The number of senators shall not be more than one-half nor less than one-third of the num- ber of members of the House of Representatives. The 4 first Legislature shall be composed of seventy members of the House of Representatives and thirty-five Sena- tors. Sec. 3. The Legislature shall provide by law for an state census. enumeration 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 Reprsentatives, 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 ^represent*" shall be elected in the year eighteen hundred and eighty- atlves - nine, at the time and in the manner provided by this constitution, and shall hold their offices for the term of office! 6 ° f one year and until their successors shall be elected. Sec. 5. The next election of the members of the second and subsequent House of Representatives after the adoption of this elections - constitution shall be on the first Tuesdav after the first Monday of November, eighteen hundred and ninety, and thereafter members of the House of Representa- tives shall be elected biennially, and their term of office shall be two years ; and each election shall be on the first Tuesday after the first Monday in November, unless otherwise changed by law. Sec. 6. After the first election the senators shall be Election of state senators. elected by single districts of convenient and contiguous territorv 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 142 STATE CONSTITUTION. Eligibility. Election returns. Quorum. Rules. 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 constitution, 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 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 elec- tion, returns, and qualifications of its own members, and a majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel 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 proceedings, punish for contempt and disorderly behavior, and, with the concurrence of two-thirds of all the members elected, expel a member, but no mem- ber shall be expelled a second time for the same offense. Sec. 10. Each House shall elect its own officers, and when the Lieutenant Governor shall not attend as president, or shall act as Governor, the Senate shall chose a temporary president. When presiding, the Lieutenant Governor shall have the deciding vote in case of an equal division of the Senate. Sec. 11. Each House shall keep a journal of its pro- ceedings 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 adjourn for more than Adjournment, 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 Wednesday after the first Monday in November, A. D. 1889. The second Legislature shall meet on the first Wednesday after the first Monday in January, A. D. Officers of each house Journal. Meetings of the Legis- lature. STATE CONSTITUTION. 143 1891, and sessions of the Legislature will be held biennially thereafter, unless specially convened by the Governor, but the times of meeting of subsequent ses- sions may be changed by the Legislature. After the j^gjgrf first Legislature the sessions shall not be more than sixty days. Sec. 13. No member of the Legislature, during the timbers to term for which he is elected, shall be appointed or certa 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 w £° g a £ e et0 holding any civil or military office under the United LeS r tm4 p in States or any other power, shall be eligible to be a member of the Legislature ; 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 postmasters, whose compensation does not exceed three hundred dollars per annum, shall not be ineligible. Sec. 15. The Governor shall issue writs of election vacancies. to fill such vacancies as may occur in either house of the Legislature. Sec. 16. Members of the Legislature shall be privi- immunity & r from arrest. leged 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 17. No member of the Legislature shall be Free speech. liable in any civil action or criminal prosecution what- ever for words spoken in debate. Sec 18. The style of the laws of the state shall be: style of laws. "Be it enacted by the Legislature of the State of Wash- ington." And no law shall be enacted except by bill. 144 STATE CONSTITUTION. But one sub- ject in bill. Either house may amend. Yeas and nays. Yeas and nays in passage of bill. Compensation of members. Lottery. - Divorce. Extra com- pensation forbidden. Suit against state. Private laws forbidden in certain cases. Sec. 19. No bill shall embrace more than one sub- ject, and that shall be expressed in the title. Sec. 20. Any bill may originate in either house of the Legislature, 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 shall be entered on the journal on the de- mand of one-sixth of the members present. Sec. 22. No bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal of each house, and a major- ity 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 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 or grant any divorce. Sec. 25. The Legislature shall never grant any extra compensation to any public officer, agent, servant or contractor after the services shall have been rendered or the contract entered into, nor shall the compensa- tion of any public officer be increased or diminished during his term of office. Sec. 26. The Legislature shall direct by law in what manner and in what courts suits may be brought against the state. Sec. 27. In all elections by the Legislature the mem- bers shall vote viva voce, and their votes shall be en- tered on the journal. SPECIAL LEGISLATION. Sec. 28. The Legislature is prohibited from enacting any private or special law in the following cases : 1. For changing the names of persons, or constitut- ing one person the heir at law of another. 2. For laying out, opening or altering highways, ex- cept in cases of state roads extending into more than STATE CONSTITUTION. 145 one county, and military roads to aid in the construc- tion 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 property of minors, or others under disability. 5. For assessment or collection of taxes, or for ex- tending 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 instruments. 10. Releasing or extinguishing, in whole or in part, the indebtedness, 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 unau- thorized or invalid act of any officer. 13. Regulating the rates of interest on money. 14. Remitting fines, penalties or forfeitures. 15. Providing for the management of common schools. 16. Authorizing the adoption of children. 17. For limitation of civil or criminal action. 18. Changing county lines, locating or ckanging 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 Labor of J . . convicts. hundred and ninety, the labor of convicts of this state shall not be let out by contract to any person, copart- nership, company or corporation, and the Legislature shall by law provide for the working of convicts for the benefit of the state. — io 146 STATE CONSTITUTION. Sec. 30. The offense of corrupt solicitation of mem- Miicitetion ^ers of the Legislature, or of public officers of the state or any municipal division thereof, and any occupation or practice of solicitation 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 solici- tation, and shall not be permitted to withhold his tes- timony 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 judi- cial 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 no 6 t™ote S in ha11 nas a private interest in any bill or measure proposed cenam cases. or p en( jj n g before the Legislature shall disclose the fact to the house of which he is a member, and shall not vote thereon. effect when. ^ec. 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 emergency must be expressed in the preamble or in the body of the act) the Legislature shall otherwise direct by vote of two-thirds of all the members elected to each house; said vote to be taken by yeas'and nays and entered on the journals. offlcer d s iD to Sec - 32 - No oil1 sha11 become a law until the same shall have been signed by the presiding officer of each of the two houses in open session, and under such rules as the Legislature shall prescribe. oMands h by Sec. 33. The ownership of land by aliens, other than those who in good faith have declared their intention to become 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 STATE CONSTITUTION. 147 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 : Provided, That the provisions of this section shall not apply to lands con- taining valuable deposits of minerals, metals, iron, coal or fire cla}^ and the necessary land for mills and machinery 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 considered an alien for the purpose of this prohibition. Sec. 34. There shall be established in the office of Bureau of statistics. the Secretary of State, a bureau of statistics, agriculture and immigration, under such regulations as the Legis- lature may provide. Sec. 35. The Legislature shall pass necessary laws Laws relating . to mines and for the protection of persons working in mines, factories factories. and other employment dangerous to life and deleterious to health ; and fix pains and penalties for the enforce- ment of same. Sec. 36. No bill shall be considered in either house SSuKtatod. unless 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 bv Am entfin g J laws. mere 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 Amendment which shall change the scope or object of the bill. Sec 39. It shall not be lawful for any person hold- bidden ing public office in this state to accept or use a pass or to purchase transportation from any railroad or other corporation, other than as the same may be purchased by the general public, and the Legislature may pass laws to enforce this provision. 148 STATE CONSTITUTION. Executive de- partment con- sists of whom. Governor. Tenure of office. Other officers. Tenure of office. Election of executive officers.— Returns. Certificate of election. Contested elections. Duties of Governor. ARTICLE III. — THE EXECUTIVE. Section 1. The executive department shall consist of a Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, Attorney General, Superin- tendent of Public Instruction, 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 Legislature. 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, Treasurer, Auditor, Attorney General, Superintendent of Public Instruction, and Commissioner of Public Lands, shall hold their offices for four years, respec- tively, and until their successors are elected and quali- fied. Sec 4. The returns of every election for the officers named in the first section of this article shall be sealed up and transmitted 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 re- sult thereof in the presence of a majority of the mem- bers of both houses. The person having the highest number of votes shall be declared duly elected, and a certificate thereof shall be given to such person, signed by the presiding 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 1^y 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 STATE CONSTITUTION. 149 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. message 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 Legislature In the Legislature by proclamation, in which shall be exlrasession - stated the purposes for which the Legislature is con- vened. Sec. S. He shall be commander-in-chief of the mili- commander- m-chief. tary ?n 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 Pardoning r or powers. Governor under such regulations and restrictions as may be prescribed by law. Sec. 10. In case of the removal, resignation, death Duties snaii ' ° devolve on or disability of the Governor, the duties of the office Lieutenant except a citizen of the United States 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 compensation of state officers shall not be increased or diminished during the term for which they shall have been elected. The certain offices Legislature may, in its discretion, abolish the offices of may be ° ^ abolished. Lieutenant Governor, Auditor and Commissioner of Public Lands. ARTICLE IV. — THE JUDICIARY. supreme Section 1. The judicial power of the state shall be vested in a Supreme Court, Superior Courts, justices of courts° r the peace, and such inferior courts as the Legislature may provide. coSs e o C | OTn 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 STATE CONSTITUTION. 153 the Supreme Court from time to time, and may pro- vide for separate departments of said coiirt. Sec. 3. The judges of the Supreme Court shall be f u u d p g r e e s m - elected by the qualified electors of the state at large, Mec 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 constitu- tion, and the judges elected thereat shall be classified, by lot, so that two shall hold their office for the term of ofoffice. 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 chief justice, to serve, not holding his office by appointment or election 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 man- ner the same short term, the other judges of the Su- preme Court shall determine which of them shall be chief justice. In case of the absence of the chief jus- tice, the judge having in like manner the shortest or next shortest term 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 y^aucy, & J how filled. the office of a judge of the Supreme Court, the Gover- nor 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 election, 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 soon as the state shall have been admitted into the Union, and continue for the term herein provided, and until their successors are elected and qualified. The sessions of the Supreme 154 Jurisdiction of .Supreme Court. Powers of judges. Superior Courts. STATE CONSTITUTION. Court shall be held at the seat of government until otherwise provided by law. Sec. 4. The Supreme Court shall have original jur- isdiction in habeas corpus, and quo warranto and mandamus as to all state officers, and appellate juris- diction in all actions and proceedings, excepting that its appellate jurisdiction shall not extend to civil ac- tions 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, re- view, prohibition, habeas corpus, certiorari and all other writs necessary and proper to the complete exer- cise of its appellate and revisory jurisdiction. Each of the judges shall have power to issue writs of habeas 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 coun- ties of 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 STATE CONSTITUTION. 155 and Clallam; and one judge for the counties of What- com, Skagit and Snohomish. In any county where Sesskmsof ° j j 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 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 Governor, 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, de- crees, 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 1^'^ shall hold their offices for the period of three years, rior J ud ^ es - and until their successors shall be elected and quali- fied, 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 elec- tion, 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 consti- tution. If a vacancy occurs in the office of judge of the Superior Court, the Governor shall appoint a per- son to hold the office until the election and qualifica- tion 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 iuris- Jurisdiction . ° J of Superior diction in all cases in equity, and in all cases of law courts, 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 de- of supe- 156 STATE CONSTITUTION. Powers of judges and courts. Judges may hold court in any county by request. Pro tempore judges. Leave of absence of judges. mand, or the value of the property in controversy amounts to one hundred dollars, and in all criminal cases amounting to felony, and in all cases of misde- meanor not otherwise provided for by law ; of actions of forcible entry and detainer ; of proceedings in insol- vency ; of actions to prevent 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 naturaliaztion, and to issue papers therefor. They shall have such appellate jurisdiction 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 ex- tend to all parts of the state. Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition 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 and served on legal holidays and non-judicial days. Sec. 7. The judge of any Superior Court may hold a Superior Court in any county at the request of the judge of the Superior Court thereof, and upon the re- quest 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, 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 the state for more than sixty consecutive days shall be deemed to have forfeited his office: Provided, That in cases of extreme necessity the Governor may STATE CONSTITUTION. 157 extend the leave of absence such time as the necessity therefor shall exist. Sec. 9. Any judge of any court of record, the At- ^ciafoacer torney General, or any prosecuting attorney may be t)yLe8 removed from office by joint resolution of the Legis- lature, in which three-fourths of the members elected to each house shall concur, for incompetency, corrup- tion, malfeasance, or delinquency in office, or other sufficient cause stated in such resolution. But no removal shall be made unless the officer complained of Proceeding. 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 Justices of ° the peace. of 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 cities or towns hav- ing 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 record. ° f shall be courts of record, and the Legislature shall have power to provide that any of the courts of this state, ex- cepting justices of the peace, shall be courts of record. Sec. 12. The Legislature shall prescribe bv law the inferior ° a «/ courts, juris- jurisdiction and powers of any of the inferior courts dictionof - which may be established in pursuance of this consti- tution. Sec 13. No judicial officer, except court commis- of°j U dioiai t ' iOD sioners and unsalaried justices of the peace, shall re- offlcers - ceive to his own use any fees or perquisites of office. The judges of the Supreme Court and judges of the 158 STATE CONSTITUTION. 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 Supr-eme Court shall be paid by the state. One-half of the salary of each of salary of su- the Superior Court judges shall be paid by the state, perior judge, l jo r j how paid. and- the other one-half by the county or counties for which he is elected. In cases where a judge is pro- vided for more than one county, that portion of his salary which is to be paid by the counties shall be ap- portioned between or among them according to the assessed value of their taxable property, to be deter- mined by the assessment next preceding the time for which such salary is to be paid. judgSmoum Sec - 14 - Eacl1 of the J ud g es of the Supreme Court per annum. s i ia n receive an annual salary of four thousand dollars (.$4,000); each of the Superior Court judges shall re- ceive an annual salary of three thousand dollars ($3,000), which said salary shall be payable quarterly. The Legislature may increase the salaries of the judges herein provided. judges men- g EC 15 The judges of the Supreme Court and the gible to any Jo r other office, 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. Charge to jury. Sec. 16. Judges shall not charge juries with respect to matters of fact, nor comment thereon, but shall de- clare the law. ^d g eshi tyt ° Sec. 17. 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 Territory of Washington. Reporter for g EC . ]g. The judges of the Supreme Court shall ap- Supreme jo j. j. court. point a reporter for the decisions of that court, who shall be removable at their pleasure. He shall receive such annual salary as shall be prescribed by law. STATE CONSTITUTION. 159 Sec. 19. No judge of a court of record shall practice no^ractice law in any court of this state during his continuance hnv in office. Sec. 20. Every cause submitted to a judge of a ? a e s c jf£y ? f Superior Court for his decision shall be decided by him fffioTtimf 6, within ninety days from the submission thereof : Pro- vided, That if, within said period of ninety days a re- hearing 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 speedv p ^ icati °A, ot ' r r J opimonsof Su- publications of opinions of the Supreme Court, and all preme Court - opinions shall be free for publication by any person. Sec. 22. The judges of the Supreme Court shall ap- ^ e °co S un. point a clerk of that court, who shall be removable at their pleasure, but the Legislature nlay provide for the election of the clerk of the Supreme Court and pre- scribe the term of his office. The clerk of the Supreme salary of. Court shall receive such compensation, by salary only, as shall be provided by law. Sec. 23. There may be appointed in each county, by Sssionera the judge of the superior court having jurisdiction powersof - therein, one or more court commissioners, not exceed- ing three in number, who shall have authority to per- form 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 con- nected with the administration of justice as may be prescribed by law. Sec. 24. The judges of the superior courts shall from Klil, ' M)1 L courts. time to time, establish uniform rules for the govern- ment of the superior courts. Sec. 25. Superior judges shall, on or before the first f u u d pe e r s io to re- day of November in each year, report in writing to the [;',.', judges of 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. 160 STATE CONSTITUTION. * Ho^coun 1 "" Sec. 26. The county clerk shall be by virtue of his office, clerk of the Superior Court. processes. Sec - 27 - The st y le of a11 process shall be, "The State of Washington," and all prosecutions shall be con- ducted in its name and by its authority. S g l° fflCa Sec - 28 - Ever 7 3 ud g e °* th e 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. ARTICLE V. — IMPEACHMENT. Spelchmlnt n Sec - 1 - Tlie House of Representatives shall have the cases. so ] e p 0wer f 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 affirmation to do justice accord- ing 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 sen- ators elected. impeachment Sec. 2. The Governor and other state and judicial for what J offenses. officers, except judges and justices of courts not of rec- ord, 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. from omce ^ EC - ^- All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office, in such manner as may be provided by law. STATE CONSTITUTION. 161 ARTICLE VI. — ELECTIONS AND ELECTIVE RIGHTS. Section 1. All male persons of the age of twenty- of U eiectors. ons one years or over, possessing the following qualifica- tions, shall be entitled 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, 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 In school ° •> r elections. be no denial of the elective franchise at any school elec- tion on account of sex. Sec 3. All idiots, insane persons, and persons con- certain^ victed of infamous crime, unless restored to their civil electors - rights, are excluded from the elective franchise. Sec 4. For the purpose of voting and eligibility to Residence not r r ° o .; gained or lost office no person shall be deemed to have gained a resi- gervice^etc dence by reason 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 navigation 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, fel- immunity r from arrest on ony and breach of the peace, be privileged from arrest election days. during their attendance at elections and in going to and returning therefrom. 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 Legisla- Elections by J & ballot. ture shall provide for such method of voting as will secure to every elector absolute secrecy in preparing and depositing his ballot. —II 162 STATE CONSTITUTION. Registration laws. First election of officers: subsequent elections. All property taxed accord- ing to value ; annual levies. Uniform and equal rates of taxation. Sec. 7. The Legislature shall enact a registration law, and shall require a compliance with such law be- fore any elector shall be allowed to vote : Provided, That this provision is not compulsory upon the Legis- lature, except as to cities and towns having a popula- tion 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 sys- tem of registration need not be adopted for both classes. Sec. 8. The first election of county and district of- ficers, not otherwise provided for in this constitution, shall be on the 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 officers shall be every fourth year thereafter on the Tuesday succeeding the first Monday in November. ARTICLE VII. — REVENUE AND TAXATION. Section 1. All property in the state, not exempt under the laws of the United States, or under this con- stitution, 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 estimated ordi- nary 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 uni- form 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 prop- STATE CONSTITUTION. 163 erty, so that every person and corporation shall pay a tax in proportion to the value of his, her or its prop- erty : Provided, That a deduction of debts from credits may be authorized : Provided further. That the prop- Exemptions, erty 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 bv general law Assessment of " A " ° corporation for the assessing and levying of taxes on all corpora- property. tion 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 Same . property 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 ^pu^uance 1 of law; and every law imposing a tax shall state dis- o£law- tinctly the object of the same, to which only it shall be applied. Sec. 6. All taxes levied and collected for state pur- A11 tases P aid r in money. poses shall be paid in money only into the state treasury. Sec. 7. An accurate statement of the receipts and statement of ^ receipts ana expenditures of the public moneys shall be published expenditures, annually, in such manner as the Legislature may provide. Sec. 8. Whenever the expenses of any fiscal year ° e ^ ci ^ 1 e es shall exceed the income, the Legislature may provide P rovlded for - for levying a tax for the ensuing fiscal year, sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of the ensuing fiscal year. Sec. 9. The Legislature may vest the corporate au- ^^towns 5 to es thorities of cities, towns and villages with the power [|xes! peoial to make local improvements 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 164 STATE CONSTITUTION. State indebt- edness limited, Exceptions to limitation. Special pro- vision for and property within the jurisdiction of the body levy- ing the same. ARTICLE VIII. — STATE, COUNTY AND MUNICIPAL INDEBTEDNESS. Section 1. The state may, to meet casual deficits or failures in revenues, or for expenses not provided for, contract debts, but such debts, direct and contingent, singly or in the aggregate, shall not at any time exceed four hundred thousand dollars ($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 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 no other purpose whatever. Sec 3. Except the debts specified in sections one indebtedness, and two of this article, no debt shall hereafter be con- tracted by, or on behalf of this state, unless such debt shall be authorized by law for some single work or ob- ject 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 con- tracting 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 next preceding the election at which it is submitted to the people. auons pri " Sec 4. No money shall ever be paid out of the treasury of this state, or any of its funds, or any of the STATE CONSTITUTION. 165 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 continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object to which it is to be applied, and it shall not be sufficient for such law to refer to any other law to fix such sum. Sec. 5. The credit of the state shall not, in any <£e to of state manner, be given or loaned to, or in aid of, any indi- ^rforatiois * vidual, association, company or corporation. Sec. 6. No county, city, town, school district or other debtednVs^'of municipal corporation shall for any purpose become anTschooi 1 ' 11 -,,,-,. . t districts. indebted in any manner to an amount exceeding one and one-half percentum 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 election 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 as- certained by the last assessment for state and county purposes previous to the incurring of such indebted- ness, except that in incorporated cities the assessment shall be taken from the last assessment for city pur- poses : Provided, That no part of the indebtedness allowed in this section shall be incurred for any pur- pose 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 exceed- ing five per centum additional, for supplying such city or town with water, artificial light and sewers, when the works for supplying such water, light and sewers shall be owned and controlled by the municipality. Sec. 7. No county, city, town or other municipal ^ISoipaut^s corporation shall hereafter give any money or property, corporadonl or loan its money or credit, to or in aid of any indi- etc vidual, association, company or corporation, except for 166 STATE CONSTITUTION. Education of children. Uniform sys- tem of public shools; in- cludes what; support of. Common school fund: derived from what sources. the necessary support of the poor and infirm, or become directly or indirectly the 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 ample provision for the education of all children residing within its borders, without distinction or pref- erence on account of race, color, caste or sex. Sec. 2. The Legislature shall provide for a general and uniform system of public schools. The public school system shall include common schools, and such high schools, normal 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 remain permanent and irreducible. The said fund shall be derived from the following named sources, to-wit : Appropriations 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 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 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 received from per- sons 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 STATE CONSTITUTION. 167 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 further ^ly provide provisions for enlarging said fund. The interest accru- for mcrease - ing on said fund, together with all rentals and other % revenues derived therefrom, and from lands and other property devoted to the common school fund, shall be exclusively applied to the current use of the common schools. Sec. 4. All schools maintained or supported wholly feSan. 011 " or in part by the public funds shall be forever free from sectarian control or influence. Sec. 5. All losses to the permanent common school mane^VsEi or any other state educational fund, which shall be debt onTtatef' occasioned by 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 constitution. ARTICLE X.— MILITIA. Section 1. All able-bodied male citizens of this state, JgJSre duty between the ages of eighteen (18) and forty-five (45) liablet0 - years, except such as are exempt by laws of the United States or by the laws of this state, shall be liable to militarv duty. Sec. 2. The Legislature shall provide by law for 5ggg* u>n organizing and disciplining the militia in such man- ner, as it may deem expedient, not incompatible with the constitution and laws of the United States. Offi- cers 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 Governor. The Governor shall have power to call forth the militia 168 STATE CONSTITUTION. Soldiers' Home. Arms. Immunity from arrest. Exemption from military duty. County organization recognized. Removal of county seats. Organization of new- counties. Change of boundaries. to execute the laws of the state, to suppress insurrec- tions and repel invasions. Sec. 3. The Legislature shall provide by law for the maintenance of a Soldiers' Home for honorably dis- charged Union soldiers, sailors, marines and members of the state militia disabled while in the line of duty, and who are bona fide citizens of the state. Sec. 4. The Legislature shall provide by law for the protection and safe keeping of the public arms. Sec. 5. The militia shall, in all cases, except treason, felony and breach, of the peace, be privileged from ar- rest during the attendance at musters and elections of officers, and in going to and returning from the same. Sec 6. No person or persons, having conscientious scruples against bearing arms, shall be compelled to do militia duty in time of peace: Provided, Such per- son or persons shall pay an equivalent for such exemp- tion. ARTICLE XI.— COUNTY, CITY AND TOWNSHIP ORGANIZATION. Section 1. The several counties of the Territory of Washington existing at the time of the adoption of this constitution are hereby recognized as legal sub- divisions of this state. Sec 2. No county seat shall be removed unless three- fifths of the qualified electors of the county, voting on the proposition at a general election, shall vote in favor of such removal, and three-fifths of all votes cast on the proposition shall be required 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 reduce any county to a population of less than four thousand (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 ap- plicable to the whole state. Every county which shall be enlarged or created from territory taken from any STATE CONSTITUTION. 169 other county or counties shall be liable for a just pro- portion 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 further, That this shall not be construed to affect the rights of creditors. Sec. 4. The Legislature shall establish a system of f^j^ of county government which shall be uniform throughout g° vernment - the state, and by general laws shall provide for town- ship organization, under which any county may or- ganize whenever a majority of the qualified electors of such county voting at a general election shall so de- termine, and whenever a county shall adopt township organization, the assessment and collection of revenue 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. Sec. 5. The Legislature, by general and uniform laws, overs' com - shall provide for the election in the several counties of P ensatl0n of - boards of county commissioners, sheriffs, county clerks, treasurers, prosecuting attorneys, and other county, township or precinct and district officers, as public con- venience may require, and shall prescribe their duties and fix their terms of office. It shall regulate the com- pensation 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 ac- countability 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 posses- sion. Sec. 6. The board of county commissioners in each vacancies. county shall fill all vacancies occurring in any count} 7 , township, precinct or road district office of such county 170 STATE CONSTITUTION. by appointment, and officers thus appointed shall hold office till the next general election, and until their suc- cessors are elected and qualified. ineligibility s EC . 7. n county officer shall be eligible to hold for more than J o two terms. ^jg ff[ ce m0 re than two terms in succession. salaries. Sec. 8. The Legislature shall fix the compensation by salaries of all county officers, and of constables in cities having a population 5,000 and upward ; except that public administrators, surveyors and coroners may or may not be salaried officers. The salary of any county, city, town or municipal officer shall not be in- creased 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. uabieforstate 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 purposes, nor shall commutation for such taxes be authorized in any form whatever. ^ration's 1 not' $ec. ^- Corporations for municipal purposes shall special 1 acts. n °t De created by special laws ; but the Legislature, by general laws, shall provide for the incorporation, organ- ization and classification, 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 under such general laws whenever a majority of the electors voting at a general election shall so determine, and shall organize in conformit}^ therewith ; and cities or towns hereto- fore or hereafter organized, and all charters thereof framed or adopted by authority of this constitution, shall be subject to and controlled by general laws. C Meso r f S 2o°ooo Any city containing a population of twenty thousand inhabitants, or more, shall be permitted to 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, or more. STATE CONSTITUTION. \-j y fifteen freeholders thereof, who shall have been resi- dents of said city for a period of at least two years pre- ceding their election, and qualified electors, whose duty it shall be to convene within ten days after their election and prepare and propose a charter for such city. Such proposed charter shall be submitted to the Adoption of qualified electors of said city, and if a majority of such qualified 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 submitting the same to the electors for their approval, as above provided. All elections in this sec- tion 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 ex- cept 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 pro- o™har™? nt posals therefor submitted by the legislative authority of such city to the electors thereof at any general elec- tion after notice of said submission published as above specified, and ratified by a majority of the qualified electors voting thereon. In submitting any such char- ter, or amendment thereto, any alternate article or proposition may be presented for the choice of the vot- ers, and may be voted on separately without prejudice to others. Sec. 11. Anv county, city, town or township may Privileges - . , . . r J of cities. make and enforce within its limits all such local po- lice, sanitary and other regulations as are not in con- flict with general laws. Sec. 12. The Legislature shall have no power to Local taxation r governed by impose taxes upon counties, cities, towns or other mu- eenerai laws. nicipal corporations, or upon the inhabitants or prop- 172 STATE CONSTITUTION. erty thereof, for county, city, town, or other municipal purposes, but may by general 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 corporation, except in the mode provided by law for the levy and collection of taxes. unlawful use s EC . 14. The making of profit out of county, city, fe?ony a town or 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. mdn^y b tobe Sec. 15. All moneys, assessments and taxes belong- tr e e P a surer. wlth ing to or collected for the use of any county, city, town or other public or municipal corporation, coining 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. s^°c?a? i ia < w i s by Section 1. Corporations may be formed under gen- eral laws, but shall not be created by special acts. All laws relating to corporations may be altered, amended or repealed by the Legislature at any time, and all cor- porations 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 exclusive privileges, under which an actual and bona fide organization shall not have taken place, and busi- ness been commenced in good faith, at the time of the adoption of this constitution, shall thereafter have no validity. shlf/fno^el- ^ec. ^ The Legislature shall not extend any fran- chise or charter, nor remit the forfeiture of any fran- chise or charter of any corporation now existing, or which shall hereafter exist under the laws of this state. Liawnty of Sec 4. Each stockholder in all incorporated com- stockholders. . panies, except corporations organized for banking or tend franchise or remit forfeiture. STATE CONSTITUTION. 173 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. Sec. 5. The term corporations, as used in this ar- Straed°to tide, shall be construed to include all associations and incl joint stock companies having any powers or privileges of corporations not possessed by individuals or partner- ships, 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 ^o^^i? bona fide subscribers therefor, or their assignees ; nor ^ s lssue shall any corporation issue any bond, or other obliga- tion, for the payment of money, except for money or property received or labor done. The stock of cor- porations shall not be increased, except in pursuance of a general law, nor shall any law authorize the in- crease of stock, without the consent of the person 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 pre- scribed by law to similar corporations organized under the laws of this state. Sec. 8. No corporation shall lease or alienate any leasing or^ franchise, so as to relieve the franchise, or property franchises. held thereunder, 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 state snaii not J loan its credit credit, nor shall it subscribe to, or be interested in, the ^ on ° rponl " stock of any company, association or corporation. Sec. 10. The exercise of the right of eminent do- fomffstate main shall never be so abridged or construed as to ri£j[t? x< 174 STATE CONSTITUTION. Corporations and individ- uals shall not issue money, except lawful money of U. S Liability of stockholders. Insolvent banks shall not receive deposits. Common car- riers; rights; duties. prevent the Legislature from taking the property and franchises of incorporated companies, and subjecting them to public use the same as the property of indi- viduals. Sec. 11. No corporation, association, or individual shall issue or put in circulation as money anything but the lawful money of the United States. Each stock- holder of any banking or insurance corporation or joint stock association shall be individually and per- sonally liable, equally and ratably and not one for an- other, for all contracts, debts and engagements of such corporation or association accruing while they remain such stockholders, to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares. Sec. 12. Any president, director, manager, cashier, or other officer of any banking institution who shall receive or assent to the reception of deposits after he shall have knowledge of the fact that such banking in- stitution is insolvent or in failing circumstances shall be individually responsible for such deposits so re- ceived. Sec. 13. All railroad, canal and other transportation companies are declared to be common carriers and subject to legislative control. Any association or cor- poration organized for the purpose, under the laws of the state, shall have the right to connect at the state line with railroads of other states. Every railroad com- pany shall have the right with its road, whether the same be now constructed or may hereafter be con- structed, to intersect, cross or connect with any other railroad, and when such railroads are of the same or similar guage they shall, at all crossings and at all points where a railroad shall begin or terminate at or near any other railroad, form proper connections, so that tlie cars of any such railroad companies may be speedily transferred from one railroad to another. All railroad companies shall receive and transport each the other's passengers, tonnage and cars without delay or discrimination. STATE CONSTITUTION. 175 Sec. 14. No railroad company or other common carrier shall combine or make any contract with the certain com- J bmations of owners of any vessel that leaves port or makes port in forbidd en. this state, or with any common carrier, by which com- bination or contract the earnings of one doing the carrying are to be shared by the other not doing the carrying. Sec. 15. No discrimination in charges or facilities Disc Y imina - & tion in rates for transportation shall be made by any railroad or other forbidden - transportation company between places or persons, or in the facilities for the transportation of the same classes of freight or passengers within the state, or coming from or going to any other state. Persons and prop- erty transported over any railroad, or by any other transportation company, or individual, shall be de- livered at any station, landing or port, at charges not exceeding the charges for the transportation of persons and property of the same class, in the same direction, to any more distant station, port or landing. Excursion and commutation tickets may be issued at special rates. Sec. 16. No railroad corporation shall consolidate Sha11 uot 1 consolidate. its stock, property or franchises with any other rail- road corporation owning a competing line. Sec. 17. The rolling stock and other moveable prop- ^c^onsm*' erty belonging to any railroad company or corpora- Sipropeny" tion in this state shall be considered personal property, and shall be liable to taxation and to execution and sale in the same manner as the personal property of indi- viduals, and such property shall not be exempted from execution and sale. Sec. 18. The legislature shall pass laws establishing Regulation of r b fares and reasonable maximum rates of charges for the transpor- Legislature tation of passengers and freight, and to correct abuses, and to prevent discrimination and extortion in the rates of freight and passenger tariffs on the different railroads and other common carriers in the state, and shall enforce such laws by adequate penalties. A rail- road and transportation commission may be established and its powers and duties fully defined by law. Sec. 19. Any association or corporation, or the 176 STATE CONSTITUTION. lessees or managers thereof, organized for the purpose, and. e t g eie P hone or an y individual, shall have the right to construct and companies. maintain lines of telegraph and telephone within this state, and said companies shall receive and transmit each other's messages without delay or discrimination, and all such companies are hereby declared to be com- mon carriers and subject to legislative control. Rail- road corporations organized or doing business in this state shall allow telegraph and telephone corporations and companies to construct and maintain telegraph lines on and along the rights-of-way of such railroads and railroad companies, and no railroad corporation organized or doing business in this state shall allow any telegraph corporation or company any facilities, privileges or rates for transportation of men or material, or for repairing their lines, not allowed to all telegraph companies. The right of eminent domain is hereby extended to all telegraph and telephone companies. The legislature shall, by general law of uniform opera- tion, provide reasonable regulations to give effect to this section, liscrimfna-' ^ec. ^0- No railroad or other transportation com- pany shall grant free passes, or sell tickets or passes at a discount, other than as sold to the public generally, to any member of the legislature, or to any person holding any public office within this state. The legis- lature shall pass laws to carry this provision into effect. Sec. 21. Railroad companies now or hereafter or- agaTnst^fny ganized or doing business in this state, shall allow all company. express companies organized or doing business in this state, transportation over all lines of railroad owned or operated by such railroad companies upon equal terms with any other express company, and no railroad cor- poration organized or doing business in this state shall allow any express corporation or company any facili- ties, privileges or rates for transportation of men or materials or property carried by them, or for doing the business of such express companies, not allowed to all express companies. Sec. 22. Monopolies and trusts shall never be allowed tion forbidden. Railroads shall not dis- STATE CONSTITUTION. 177 in this state, and no incorporated company, copartner- ship or association of persons in this state shall directly mon S opo a ne d s or indirectly combine or make any contract with any forblddei1 - other incorporated company, foreign or domestic, through their stockholders, or the trustees or assignees of such stockholders, or with any copartnership or as- sociation of persons, or in any manner whatever, for the purpose of fixing the price or limiting the produc- tion or regulating the transportation of any product or commodity. The Legislature shall pass laws for the enforcement of this section by adequate penalties, and in case of incorporated companies, if necessary for that purpose, may declare a forfeiture of their charter. ARTICLE XIII. — STATE INSTITUTIONS. Section 1. Educational, reformatory and penal in- ^formator 11, stitutions; those for the benefit of blind, deaf, dumb fnsrttuttons. or otherwise defective youth, for the insane or idiotic, and such other institutions as the public good may re- quire, shall be fostered and supported by the state, subject to such regulations as may be provided by law, The regents, trustees, or commissioners of all such in- stitutions existing at the time of the adoption of this constitution, and of such as shall thereafter be estab- lished by law, shall be appointed by the Governor, by and with the advice and consent of the Senate; and upon all nominations made by the Governor, the ques- tion shall be taken by the ayes and noes, and entered upon the journal. ARTICLE XIV. — SEAT OF GOVERNMENT. Section 1. The Legislature shall have no power to j^aTion ent change, or to locate the seat of government of this state; J^vemment, but the question of the permanent location of the seat how chosen - of government of the state shall be submitted to the qualified electors of the territory, at the election to be held for the adoption of this constitution. A majority of all the votes cast at said election, upon said question, shall be necessary to determine the permanent loca- tion of the seat of government for the state ; and no place shall ever be the seat of government which shall —12 178 STATE CONSTITUTION. Temporary seat. How changed. Capitol building. Harbor line commission. not receive a majority of the votes cast on that matter. In case there shall be no choice of location at said first election, the Legislature shall, at its first regular ses- sion after the adoption of this constitution, provide for submitting to the qualified electors of the state, at the next succeeding general election thereafter, the ques- tion of choice of location between the three places for which the higest number of votes shall have been cast at the said first election. Said Legislature shall pro- vide further that in case there shall be no choice of location at said second election, the question of choice between the two places for which the highest number of votes shall have been cast, shall be submitted in like manner to the qualified electors of the state at the next ensuing general election : Provided, That until the seat of government shall have been permanently located as herein provided, the temporary location thereof shall remain at the city of Olympia. Sec. 2. When the seat of government shall have been located as herein provided, the location thereof shall not thereafter be changed except by a vote of two-thirds of all the qualified electors of the state vot- ing on that question, at a general election, at which the question of location of the seat of government shall have been submitted by the Legislature. Sec. 3. The Legislature shall make no appropriations or expenditures for capitol buildings or grounds, except to keep the territorial capitol buildings and grounds in repair, and for making all necessary additions thereto, until the seat of government shall have been perma- nently located, and the public buildings are erected at the permanent capital in pursuance of law. ARTICLE XV. — HARBORS AND TIDE WATERS. Section 1. The Legislature shall provide for the ap- pointment of a commission whose duty it shall be to locate and establish harbor lines in the navigable waters of all harbors, estuaries, bays and inlets of this state, wherever such navigable waters lie within or in front of the corporate limits of any city or within one STATE CONSTITUTION. 179 mile thereof upon either side. The state shall never give, sell or lease to any private person, corporation or association any rights whatever in the waters beyond such harbor lines, nor shall any of the area lying be- tween any harbor line and the line of ordinary high tide, and within not less than fifty feet nor more than 600 feet of such harbor line (as the commissioners shall determine) be sold or granted by the state, nor its right to control the same relinquished, but such area Areasreserved o ^ for wharves shall be forever reserved for landings, wharves, streets and landin g s - and other conveniences of navigation and commerce. Sec. 2. The Legislature shall provide general laws ^1^ of for the leasing of the right to build and maintain and docks. wharves, docks and other structures upon the areas mentioned in section 1 of this article, but no lease shall be made for any term longer than thirty years, or the Legislature may provide by general laws for the . building and maintaining upon such area, wharves, docks and other structures*. Sec. 3. Municipal corporations shall have the right to extend their streets over intervening tide lands to and across the area reserved as herein provided. ARTICLE XVI. — SCHOOL AND GRANTED LANDS. Section 1. All the public lands granted to the state shaiinotbe r & sold at less are held in trust for all the people, and none of such ^an market value. lands, nor any estate or interest therein, shall ever be disposed of unless the full market value of the estate or interest disposed of, to be ascertained in such man- ner as may be provided by law, be paid or safely se- cured to the state ; nor shall any lands which the state holds by grant from the United States ( in any case in which the manner of disposal and minimum price are so prescribed) be disposed of except in the manner and for at least the price prescribed in the grant thereof, without the consent of the United States. Sec 2. None of the lands granted to the state for Lands for & educational educational purposes shall be sold otherwise than at jfoSghest° ld public auction to the highest bidder. The value publfe auction. thereof, less the improvements, shall, before any sale, 180 STATE CONSTITUTION. be appraised by a board of appraisers, to be provided by law, the terms of payment also to be prescribed by law, and no sale shall be valid unless the sum bid be equal to the appraised value of said land. In estimat- ing the value of said lands for disposal, the value of the improvements thereon shall be excluded : Provided, That the sale of all school and university land hereto- fore made by the commissioners of any county or the university commissioners, when the purchase price has been paid in good faith, may be confirmed by the Leg- islature. how°soid anas ' ^ EC - 3- No more than one-fourth of the land granted to the state for educational purposes shall be sold prior to January 1,1895, and not more than one-half prior to January 1, 1905: Provided, That nothing herein shall be construed as to prevent the state from selling the tim- ber or stone off of any of the state lands in such manner and on such terms as may be prescribed by law ; And provided further, That no sale of timber lands shall be valid unless the full value of such lands is paid or secured to the state. subdivision of. Sec. 4. No more than one hundred and sixty (160) acres of any granted lands of the state shall be offered for sale in one parcel, a.nd all lands within the limits of any incorporated city, or within two miles of the boundary of any incorporated city, where the valuation of such lands shall be found by appraisement to exceed one hundred dollars ($100) per acre, shall, be- fore the same be sold, be platted into lots and blocks of not more than five acres in a block, and not more than one block shall be offered for sale in one parcel. of funds eilt Sec. 5. None of the permanent school fund shall ever be loaned to private persons or corporations, but it may be invested in national, state, county or munic- ipal bonds. ARTICLE XVII.— TIDE LANDS. claim of state. Section 1. The State of Washington asserts its ownership to the beds and shores of all navigable waters in the state up to and including the line of ordinary high tide, in waters where the tide ebbs and flows, and STATE CONSTITUTION. 181 up to and including the line of ordinary high water within the banks of all navigable rivers and lakes : Provided, That this section shall not be construed so as to debar any person from asserting his claim to vested rights in the courts of the state. Sec. 2. The State of Washington disclaims all title gJEggg} to in and claim to all tide, swamp and overflowed lands certam lands - patented by the United States : Provided, The same is not impeached for fraud. ARTICLE XVIII. — STATE SEAL. Section 1. The seal of the State of Washington Design of. shall be a seal encircled with the words: "The seal of the State of Washington," with the vignette of Gen. George Washington as the central figure, and beneath the vignette the figures " 1889." ARTICLE XIX. — EXEMPTIONS. Section 1. The Legislature shall protect by law Homestead, from forced sale a certain portion of the homestead and other property of all heads of families. ARTICLE XX.— PUBLIC HEALTH AND VITAL STATISTICS. Section 1. There shall be established by law a state Boar a of f health. board of health and a bureau of vital statistics in con- nection therewith, with such powers as the Legislature may direct. Sec 2. The Legislature shall enact laws to regulate Practice of ° ° medicine. the practice of medicine and surgery, and the sale of drugs and medicines. ARTICLE XXI. — WATER AND WATER RIGHTS. Section 1. The use of the waters of the state for ir- water rights. rigation, mining and manufacturing purposes shall be deemed a public use. ARTICLE XXII. — LEGISLATIVE APPORTIONMENT. Section 1. Until otherwise provided bv law, the state First appor- r J tionment. shall be divided into twenty-four (24) senatorial dis- districts 8,1 tricts, and said districts shall be constituted and num- bered as follows : The counties of Stevens and Spokane shall constitute the first district, and be entitled to one senator; the county of Spokane shall constitute the second district, and be entitled to three senators ; the 182 STATE CONSTITUTION. county of Lincoln shall constitute the third district, and be entitled to one senator; the counties of Okano- gan, Lincoln, Adams and Franklin shall constitute the fourth district, and be entitled to one senator ; the county of Whitman shall constitute the fifth district, and be entitled to three senators ; the counties of Gar- field and Asotin shall constitute the sixth district, and be entitled to one senator ; the county of Columbia shall constitute the seventh district, and be entitled to one senator ; the county of Walla Walla shall consti- tute the eighth district, and be entitled to two senators ; the counties of Yakima and Douglas shall constitute the ninth district, and be entitled to one senator ; the county of Kittitas shall constitute the tenth district, and be entitled to one senator ; the counties of Klick- itat and Skamania shall constitute the eleventh dis- trict, and be entitled to one senator ; the county of Clarke shall constitute the twelfth district, and be en- titled to one senator ; the county of Cowlitz shall con- stitute the thirteenth district, and be entitled to one senator ; the county of Lewis shall constitute the fourteenth district, and be entitled to one senator ; the counties of Pacific and Wahkiakum shall constitute the fifteenth district, and be entitled to one senator; the county of Thurston shall constitute the sixteenth district, and be entitled to one senator ; the county of Chehalis shall constitute the seventeenth district, and be entitled to one senator ; the county of Pierce shall constitute the eighteenth district, and be entitled to three senators ; the county of King shall constitute the nineteenth district, and be entitled to five senators ; the counties of Mason and Kitsap shall constitute the twentieth district, and be entitled to one senator; the counties of Jefferson, Clallam and San Juan shall con- stitute the twenty-first district, and be entitled to one senator ; the county of Snohomish shall constitute the twenty-second district, and shall be entitled to one senator ; the counties of Skagit and Island shall con- stitute the twenty-third district, and be entitled to one STATE CONSTITUTION. 183 senator; the county of Whatcom shall constitute the twenty-fourth district, and be entitled to one senator. Sec. 2. Until otherwise provided by law, the repre- First appor- 1 ■/ * * tionment, sentatives shall be devided among the several counties ^ t r £cts tative of the state in the following manner: The county of Adams shall have one representative ; the county of Asotin shall have one representative ; the county of Chehalis shall have two representatives ; the county of Clarke shall have three representatives ; the county of Clallam shall have one representative ; the county of Columbia shall have two representatives ; the county of Cowlitz shall have one representative ; the county of Douglas shall have one representative ; the county of Franklin shall have one representative ; the county of Garfield shall have one representative ; the county of Island shall have one representative ; the county of Jef- ferson shall have two representatives ; the county of King shall have eight representatives ; the county of Klickitat shall have two representatives ; the county of Kittitas shall have two representatives ; the county of Kitsap shall have one representative ; the county of Lewis shall have two representatives ; the county of Lincoln shall have two representatives; the county of Mason shall have one representative ; the county of Okanogan shall have one representative ; the county of Pacific shall have one representative ; the county of Pierce shall have six representatives ; the county of San Juan shall have one representative ; the county of Skamania shall have one representative ; the county of Snohomish shall have two representatives ; the county of Skagit shall have two representatives ; the county of Spokane shall have six representatives ; the county of Stevens shall have one representative ; the county of Thurston shall have two representatives ; the county of Walla Walla shall have three representatives ; the county of Wahkiakum shall have one representative ; the county of Whatcom shall have two representatives ; the county of Whitman shall have five representatives ; the county of Yakima shall have one representative. 184 STATE CONSTITUTION. State consti- tution, how amended. Convention to amend constitution, how called. Voters must ratify. Boundaries of state defined. ARTICLE XXIII. — AMENDMENTS. Section 1. Any amendment or amendments to this constitution may be proposed in either branch of the Legislature, and if the same shall be agreed to by two- thirds of the members elected to each of the two houses, such proposed amendment or amendments shall be entered in their journals, with the ayes and noes there- on, and be submitted to the qualified electors of the state for their approval, at the next general election, and if the people approve and ratify such amendment or amendments, by a majority of the electors voting thereon, the same shall become part of this constitution, and proclamation thereof shall be made by the Governor :' Provided, That if more than one amendment be sub- mitted, they shall be submitted in such a manner that the people may vote for or against such amendments separately. The Legislature shall also cause the amend- ments that are to be submitted to the people to be pub- lished for at least three months next preceding election, in some weekly newspaper in every county where a newspaper is published throughout the state. Sec 2. Whenever two-thirds of the members elected to each branch of the Legislature shall deem it neces- sary to call a convention to revise or amend this con- stitution, they shall recommend to the electors to vote at the next general election for or against a conven- tion, and if a majority of all the electors voting at said election shall have voted for a convention, the Legisla- ture shall, at the next session, provide by law for call- ing the same ; and such convention shall consist of a number of members not less than that of the most nu- merous branch of the Legislature. Sec. 3. Any constitution adopted by such conven- tion shall have no validity until it has been submitted to and adopted by the people. ARTICLE XXIV. — BOUNDARIES. Section 1. The boundaries of the State of Washing- ton shall be as follows: Beginning at a point in the Pacific ocean one marine league due west of and oppo- STATE CONSTITUTION. 185 site the middle of the mouth of the north ship channel of the Columbia river, thence running easterly to and up the middle channel of said river and where it is di- vided by islands up the middle of the widest channel thereof to Where the forty-sixth parallel of north lati- tude crosses said river, near the mouth of the Walla Walla river ; thence east on said forty-sixth parallel of latitude to the middle of the main channel of the Sho- shone or Snake river ; thence follow down the middle of the main channel of Snake river to a point opposite the mouth of the Kooskooskia or Clear Water river ; thence due north to the forty-ninth parallel of north latitude ; thence west along said forty-ninth parallel of north latitude to the middle of the channel which sep- arates Vancouver's Island from the continent, that is to say to a point in longitude 123 degrees, 19 minutes and 15 seconds west; thence following the boundary line between the United States and British possessions through the channel which separates Vancouver's Island from the continent to the termination of the boundary line between the United States and British possessions at a point in the Pacific ocean equi-distant between Bonnilla point on Vancouver's Island and Tatoosh Island lighthouse ; thence running in a south- erly course and parallel with the coast line, keeping one marine league off shore, to place of beginning. ARTICLE XXV. — JURISDICTION. Section 1. The consent of the State of Washington united states & to have juris- is hereby given to the exercise, by the congress of the ^taln tracts United States, of exclusive legislation in all cases what- of uind rcels soever over such tracts or parcels of land as are now held or reserved by the government of the United States for the purpose of erecting or maintaining thereon forts, magazines, arsenals, dockyards, lighthouses and other needful buildings, in accordance with the pro- visions of the seventeenth paragraph of the eighth section of the first article of the constitution of the United States, so long as the same shall be so held and reserved by the United States : Provided, That a sum- 186 STATE CONSTITUTION. Exception. Religious toleration guaranteed. Rights to un- appropriated public lands disclaimed. cient description by metes and bounds, and an accurate plat or map of each such tract or parcel of land be filed in the proper office of record in the county in which the same is situated, together with copies of the orders, deeds, patents or other evidences in writing"of the title of the United States : And provided, That all civil process issued from the courts of this state, and such criminal process as may issue under the authority of this state, against any person charged with crime in cases arising outside of such reservations, may be served and executed thereon in the same mode and manner, and by the same officers, as if the consent herein given had not been made. ARTICLE XXVI.— COMPACT WITH THE UNITED STATES. The following ordinance shall be irrevocable without the consent of the United States and the people of this state : First : That perfect toleration of religious sentiment shall be secured, and that no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship. Second: That the people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries of this state, and to all lands lying within said limits owned or held by any Indian or Indian tribes ; and that, until the title thereto shall have been extinguished by the United State, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Con- gress of the United States, and that the lands belong- ing to citizens of the United States residing without the limits of this state shall never be taxed at a higher rate than the lands belonging to residents thereof, and that no taxes shall be imposed by the state on lands or property therein belonging to or which may be here- after purchased by the United States or reserved for use: Provided, That nothing in this ordinance shall preclude the state from taxing, as other lands are STATE CONSTITUTION. 187 taxed, any lands owned or held by any Indian who has severed his tribal relation, and has obtained from the United States or from any person a title thereto by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress containing a provision exempting the lands thus granted from taxation, which exemption shall continue so long and to such an extent as such act of Congress may prescribe. Third: The debts and liabilities of the Territory of gg*^*«g- Washington, and payment of the same, are hereby assumed by this state. Fourth: Provision shall be made for the establish- playschools ment and maintenance of systems of public schools s uaranteed - free from sectarian control, which shall be open to all the children of said state. ARTICLE XXVII.— SCHEDULE. In order that no inconvenience may arise by reason of a change from a territorial to a state government, it- is hereby declared and ordained as follows : Section 1. No existing rights, actions, suits, pro- ceedings, contracts or claims shall be affected by a change in the form of government, but all shall con- tinue as if no change had taken place ; and all process which may have been issued under the authority of the Territory of Washington previous to its admission into the Union shall be as valid as if issued in the name of the state. Sec. 2. All laws now in force in the Territory of ^ s of of w S-' Washington, which are not repugnant to this constitu- mgtoa tion, shall remain in force until they expire by their own limitation, or are altered or repealed by the legis- lature: Provided, That this section shall not be so construed as to validate any act of the legislature of Washington Territory granting shore or tide lands to any person, company or any municipal or private cor- poration. Sec. 3. All debts, fines, penalties and forfeitures, ^%^^ which have accrued, or may hereafter accrue, to the tosUte - 188 STATE CONSTITUTION. Territory of Washington, shall inure to State of Wash- ington. tek C e°nSmfe n r Ces Sec. 4- All recognizances heretofore taken, or which ernmentvalfd" m ay be taken before the change from a territorial to a government, state government, shall remain valid, and shall pass to and may be prosecuted in the name of the state, and all bonds executed to the Territory of Washington or to any county or municipal corporation, or to any offi- cer or court in his or its official capacity, shall pass to the state authorities and their successors in office, for the uses therein expressed, and may be sued for and recovered accordingly, and all the estate, real, per- sonal and mixed, and all judgments, decrees, bonds, specialties, choses in action, and claims or debts, of whatever description, belonging to the Territory of Washington, shall inure to and vest in the State of Washington, and may be sued for and recovered in the same manner, and to the same extent, by the State of Washington, as the same could have been by the Territory of Washington. Penai actions. Sec. 5. All criminal prosecutions and penal actions which may have arisen, or which may arise, before the change from a territorial to a state government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the state. All offenses committed against the laws of the Terri- tory of Washington, before the change from a terri- torial to state government, and which shall not be prosecuted before such change, may be prosecuted in the name and by the authority of the State of Wash- ington, with like effect as though such change had not taken place ; and all penalties incurred shall remain the same as if this constitution had not been adopted. All actions at law and suits in equity which may be pending in any of the courts of the Territory of Wash- ington, at the time of the change from a territorial to a state government, shall be continued and transferred to the court of the state having jurisdiction of the sub- ject matter thereof. Sec. 6. All officers now holding their office under STATE CONSTITUTION. 189 the authority of the United States, or of the Territory of Washington, shall continue to hold and exercise Public officers. their respective offices until they shall be superseded by the authority of the state. Sec. 7. All officers provided for in this constitution, 5J^«j*£ tUm including a county clerk for each county, when no other time is fixed for their election, shall be elected at the election to be held for the adoption of this consti- tution on the first Tuesday of October, 1889. Sec. 8. Whenever the judge of the superior court of ^ofca'seT 8 " any county, elected or appointed under the provisions of this constitution, shall have qualified, the several causes then pending in the district court of the terri- tory, except such causes as would have been within the exclusive jurisdiction of the United States District Court, had such court existed at the time of the com- mencement of such causes within such county, and the records, papers and proceedings of said district court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the superior court of such county. And where the judge is elected for two or more counties, it shall be the duty of the clerk of the district court having custody of such papers and records to transmit to the clerk of such county or counties, other than that in which such rec- ords are kept, the original papers in all cases pending in such district and belonging to the jurisdiction of such county or counties, together with transcript of so much of the records of said district court as relate to the same ; and until the district courts of the territory shall be superseded in manner aforesaid, the said dis- trict courts and the judges thereof shall continue with the same jurisdiction and powers, to be exercised in the same judicial districts, respectively, as heretofore con- stituted under the laws of the territory. Whenever a quorum of the judges of the Supreme Court of the state shall have been elected and qualified, the causes then pending in the Supreme Court of the territory, except such causes as would have been within the exclusive jurisdiction of the United States Circuit Court, had 190 STATE CONSTITUTION. such court existed at the time of the commencement of such causes, and the papers, records and proceedings of said court, and the seal and other property pertain- ing thereto, shal] pass into the jurisdiction and posses- sion of the Supreme Court of the state, and until so superseded, the Supreme Court of the territory and the judges thereof shall continue with like powers and jur- isdiction as if this constitution had not been adopted, court seals. Sec. 9. Until otherwise provided by law, the seal now in use in the Supreme Court of the Territory shall be the seal of the Supreme Court of the State. The seal of the superior courts of the several counties of the state shall be, until otherwise provided by law, the vignette of General George Washington, with the words: "Seal of the superior court of county," surrounding the vignette." The seal of municipali- ties, and of all county officers of the territory, shall be the seals of such municipalities and county officers, re- spectively, under the state, until otherwise provided by law. 5£ b s a tobe un Sec - 10 - When the state is admitted into the Union, to a sup e erior and the superior courts in their respective counties or- ganized, the books, records, papers and proceedings of the probate court in each county, and all causes and matters of administration pending therein, shall, upon the expiration of the term of office of the probate judges, on the second Monday in January, 1891, pass into the jurisdiction and possession of the superior court of the same county created by this constitution, and the said court shall proceed to final judgment or decree, order or other determination, in the several matters and causes as the territorial probate court might have done if this constitution had not been adopted. And until the expiration of the term of office of the probate judges, such probate judges shall perform the duties now imposed upon them by the laws of the territory. The superior courts shall have appellate and revisory jurisdiction over the decisions of the probate courts, as now provided by law, until such latter courts expire by limitation. Court. STATE CONSTITUTION. 191 Sec. 1 L. The Legislature, at its first session, shall provide for the election of all officers whose election is not provided for elsewhere in this constitution, and fix the time for commencement and duration of their term. Sec. 12. In case of a contest of election between affection. candidates, at the first general election under this constitution, for judges of the Superior Courts, the evidence shall be taken in the manner prescribed by the territorial laws, and the testimony so taken shall be certified to the Secretary of State; and said officer, together with the Governor and Treasurer of State, shall review the evidence and determine who is entitled to the certificate of election. Sec. 13. One representative in the congress of the Repre- x sentative United States shall be elected from the state at large, in congress. at the first election provided for in this constitution ; and thereafter at such times and places and in such manner as may be prescribed by law. When a new apportionment shall be made by congress, the Legis- lature shall divide the state into congressional districts, in accordance with such apportionment. The vote cast for representative in congress, at the first election, shall be canvassed and the result determined in the manner provided for by the laws of the territory for the canvass of the vote for delegate in congress. Sec. 14. All district, county and precinct officers, District. ' J x county and who may be in office at the time of the adoption of ^cersfto now this constitution, and the county clerk of each county offlce until 189L elected at the first election, shall hold their respective offices until the second Monday of January, A. D. 1891, and until such time as their successors may be elected and qualified, in accordance with the provisions of this constitution ; and the official bonds of all such officers shall continue in full force and effect as though this constitution had not been adopted. And such officers shall continue to receive the compensation now pro- vided until the same be changed by law. Sec 15. The election held at the time of the adop- Election to r adopt consti- tion of this constitution shall be held and conducted in conducted* 192 STATE CONSTITUTION. State constitu- tion in effect, when. Separate articles submitted. Female suffrage. Prohibition article. Form of ballot all respects according to the laws of the territory, and the votes cast at said election for all officers (where no other provisions are made in this constitution), and for the adoption of this constitution and the several separate articles, and the location of the state capital, shall be canvassed and returned in the several counties in the manner provided by territorial law, and shall be returned to the Secretary of the Territory in the manner provided by the enabling act. Sec. 16. The provisions of this constitution shall be in force from the day on which the president of the United States shall issue his proclamation declaring the State of Washington admitted into the Union, and the terms of all officers elected at the first election under the provisions of this constitution shall commence on the Monday next succeeding the issue of said procla- mation, unless otherwise provided herein. Sec. 17. The following separate articles shall be sub- mitted to the people for adoption or rejection at the election for the adoption of this constitution : Separate article No. 1. "All persons, male and female, of the age of 21 years, or over, possessing the qualifications, pro- vided by this constitution, shall be entitled to vote at all elections." Separate article No. 2. " It shall not be lawful for any individual, company or corporation, within the limits of this state, to manufacture, or cause to be manufactured, or to sell, or offer for sale, or in any manner dispose of, any alcoholic, malt or spirituous liquors, except for medicinal, sacramental or scientific purposes." If a majority of the ballots cast at said election on said separate articles be in favor of the adoption of either of said separate articles, then such separate articles so receiving a majority shall become a part of this constitution and shall govern and con- trol any provision of the constitution in conflict there- with. Sec. 18. The form of ballot to be used in voting for or against this constitution, or for or against the separate STATE CONSTITUTION. 193 articles, or for the permanent location of the seat of government, shall be : 1. For the Constitution. Against the Constitution. 2. For Woman Suffrage Article. Against Woman Suffrage Article. 3. For Prohibition Article. Against Prohibition Article. 4. For the permanent location of the seat of Govern- ment. [Name of place voted for.] Sec. 19. The Legislature is hereby authorized to ap- t^SSi 1 ™ propriate from the state treasury sufficient money to pay deflciency ' pay any of the expenses of this convention not provided for by the enabling act of congress. CERTIFICATE. We, the undersigned, members of the convention to form a constitution for the State of Washington, which is to be submitted to the people for their adoption or rejection, do hereby declare this to be the constitution formed by us, and in testimony thereof, do hereunto set our hands, this twenty-second day of August, anno domini, one thousand eight hundred and eighty-nine. JOHN P. HOYT, President. FRANCIS HENRY, J. J. BROWNE. GEORGE COMEGYS, N. G. BLALOCK. OLIVER H. JOY, JOHN F. GOWEY, DAVID E DURIE, FRANK M. DALLAM, D. BUCHANAN. JAMES Z. MOORE, JOHN R. KINNEAR, E. H. SULLIVAN. GEORGE W. TIBBETTS, GEORGE TURNER, H. W. FAIRWEATHER. AUSTIN MIRES, THOMAS C. GRIFFITTS, M. M GODMAN, C. H. WARNER, GWIN HICKS. J. P. T. McCROSKEY, WM. F. PROSSER, S. G. COSGROVE, LOUIS SOHNS, THOS. HAYTON, A. A. LINDSLEY, SAM'L H. BERRY, J. J. WEISENBURGER, D. J. CROWLEY, P. C. SULLIVAN, J. T. MCDONALD, R. S. MORE, JOHN M. REED. THOMAS T. MINOR, EDWARD ELDRIDGE, J. J. TRAVIS. GEO. H. STEVENSON, ARNOLD J. WEST. SILVIUS A. DICKEY, CHARLES T. FAY, HENRY WINSOR. CHARLES P. COEY, THEODORE L. STILES. ROBT F. STURDEVANT, JAMES A. BURK, JOHN A. SHOUDY, JOHN McREAVY, ALLEN WEIR, R. O. DUNBAR. W. B. GRAY, MORGAN MORGANS, TRUSTEN P. DYER, JAS. POWEH. t.EO. H. JONES, B. IS (II.ASCOCK, B. L. SHARPSTEIN, O. A. BOWEN, II. M. LILLIS. HARRISON CLOTHIER. J. P. VAN NAME, MATT J. MCELROY, ALBERT SCHOOLEY, J. T. ESHELMAX. H. C. WILLISON, ROBERT JAMIESON. T. M. REED, II I RAM E. ALLEN, S H. MANLY, II. F. SUKSDORF, RICHARD JEFFS. J. C. KELLOGG. Attest : —13 JNO. I. BOOGE, Chief (Ink. 195 RULES AND REGULATIONS, BY THE STATE BOARD OF EDUCATION. Authorized by the Code of Public Instruction, section 27 : "The said board shall have power — Second, to prepare a course or courses of study for the primary, grammar and high school departments of the common schools, and to prescribe such rules for the general government of the common schools as shall secure regularity of attendance, prevent truancy, secure efficiency and promote the true interests of the common schools." TEACHERS. RULE I. The teachers in the public schools of this state shall follow the prescribed course of study, and enforce the rules and regulations of the board of educa- tion ; shall keep records, use blanks and render reports according to instruc- tions. RULE II. Teachers shall be held responsible for the care of all school property en- trusted to them ; shall frequently inspect the same, and promptly report to the district clerk any damage it may have received. RULE III. Teachers shall prepare a program of daily exercises, a copy of which shall be posted in a conspicuous place in the school room. RULE IV. Teachers shall exercise watchful care over the conduct and habits of the pupils while under their jurisdiction. RULE v. Teachers shall maintain strict order and discipline in their schools at all times. Any neglect of this requirement will be considered good cause for dis- missal. Corporal punishment may be resorted to when it becomes necessary to the preservation of proper discipline. No cruel punishment shall be inflicted; and no teacher shall administer punishment on or about the head of any pupil. RULE VI. In any case of misconduct or insubordination, when the teacher deems it necessary for the good of the school, he may suspend a pupil, and shall imme- diately notify the directors of the district thereof for further action. RULE VII. Every public school teacher shall give vigilant attention to the temperature and ventilation of the school room, and shall see that the doors and windows are open at each intermission, for the purpose of changing the atmosphere of the room. RULE VIII. Teachers shall have the right, and it shall be their duty, to direct and con- trol within reasonable limits the studies of their pupils : Provided, That all pupils shall receive instruction in the branches included in the prescribed course of study. 196 RULES AND REGULATIONS. RULE IX. The use of tobacco in any form or place by a teacher is discountenanced, and the use of alcoholic stimulants in any form or place, as a beverage, is pro- hibited. The use of tobacco or any other narcotic on the school premises by a teacher shall work a forfeiture of his certificate. RULE X. At the close of every term of school the teacher shall thoroughly examine his pupils in the studies of the term, using written questions and requiring written answers whenever practicable, and the standing of each pupil in the examination shall be noted accurately upon the school register. A report of the examination and standing of the pupils shall be forwarded to the county superintendent. RULE XL Teachers shall require excuses from the parents or guardians of pupils, either in person or by written note, in all cases of absence, tardiness or dis- missal before the close of school, and no excuse shall be deemed valid except that of sickness or necessary employment. The teacher shall be the judge of the sufficiency of excuses, subject to an appeal to the directors. RULE XII. Whenever the unexcused absences of any pupil during any term shall amount in the aggregate to five days, he shall be reported to the directors, and the teacher shall suspend him until the opinion of the directors shall be given. For this purpose an unexcused tardiness or unexcused absence for half a day or less shall be deemed a half day's absence; and any unexcused absence for more than half a day at one time shall be reckoned as an absence for a whole day. RULE XIII. In all public schools in this state the teachers shall require of their pupils regular exercises in composition and declamation. In the preparation of pro- grams for rhetoricals, teachers shall use every effort to secure selections of a high literary character, and to make the work truly educational. PUPILS. RULE XIV. Every pupil shall be punctual and regular in attendance, obedient to all rules of the school, diligent in study, respectful and obedient to teachers, and kind and obliging to schoolmates. RULE XV. Willful disobedience, habitual truancy, vulgarity or profanity, the use of tobacco on or about the school premises, stealing, the carrying of deadly weapons, the carrying or using of dangerous playthings, shall constitute good cause for suspension or expulsion from school. RULE XVI. As soon as dismissed, pupils shall leave the school premises and go directly to their homes. Loitering on the way to and from school is positively for- bidden. RULE XVII. Pupils shall give attention to personal neatness and cleanliness, and any who repeatedly fail in this respect may be sent home to be prepared properly for school. 197 SYNOPSIS OF OFFICIAL OPINIONS AND RULINGS ON QUESTIONS OF SCHOOL LAW, IN FORCE UNDER THE CODE OF PUBLIC INSTRUCTION. BY ATTORNEY GENERAL. 1. Any person who is actually the head of a family; that is, who s f e ° s - d 4 and 5 is under legal obligation to provide for the support and education of persons dependent upon him, and who is in fact providing for their education and support, is the head of a family for the pur- pose of signing petitions relating to school matters, whether he is a legal voter or not. Any person who is not the head of a family within the definition given above is not qualified to sign such pe- tition, though he be a legal voter. — Jones, Nov. 3, 1891. 2. When a petition is presented to a county superintendent Sees. 4 and 5. praying for the organization of a new school district, he may, after he has heard all the evidence presented by the parties inter- ested, exercise his judgment, within reasonable limits, in the or- ganization of such new district and the fixing of its boundaries, and in so doing, he may correct any mistakes that may have been made in the description given in the petition, and in a proper case modify the boundaries described therein. — Jones. 3. A person can not legally hold the office of school district di- Se m 33 ' lftll rector and that of school district clerk at one and the same time. —Jones, Aug. 23, 1892. 4. Children of school age, residing upon military reservations Se ? l ; ) 41l '. r] lying within any school district, constitute a legitimate portion of the school population of the district and should be enumerated as other children are. — Jones. 5. If a teacher is a near relative of a member of the school dis- Sec. 51. trict board, he is not by reason of such relationship alone, ren- dered ineligible to election as a teacher in a school under the management of such board of directors. — Jones. 6. When cities, in extending their limits, take in other dis- Sec. 72. tricts or parts of districts, and in so doing take in a part or all of the school district officers of such included school districts, the officers so taken into the city district do not become a part of the board of directors of the city districts so extending their limits. — Jones, Aug. 22, 1890. 7. The stated reading of the Bible in the public schools of this Sec. no. state is a religious exercise within the meaning of the constitu- tion, and as such is thereby prohibited in section 11, article 1 of that document. — Jones, Sept. 19, 1891. 8. County superintendents can be compelled by mandamus to furnish to the Superintendent of Public Instruction all informa- tion specifically required by law, and such other information as the Superintendent of Public Instruction may desire in the admin- istration of his office, such information to be of such a character as 198 OPINIONS AND RULINGS. the county superintendent possesses or as he can reasonably ob- tain. For a persistent refusal to furnish such information, he may be removed from his office. In turn, school district clerks may be compelled by mandamus to furnish to the county superintendent all information required by law, and for a persistent refusal to do so, they may be removed from office. — Winston, Aug - . 18, 1899. 9. The practice of tending bar during vacation time is sufficient cause, if proven, to justify the revocation of a teacher's certifi- cate. — Winston, Aug. 24, 1900. 10. A union high school district cannot be formed by the union of school districts lying in different counties. — Stratton, Jan. 30, 1901. 11. In case a school is closed by order of the board of directors, because of the prevalence of a contagious disease in the district, the teacher is entitled to his wages during the time the school is so closed, and he cannot be required to make up the time lost by the closing of the school, unless it is so stipulated in his contract with the directors.— Stratton, March 1, 1901. 12. In case of the formation of a new school district by the divis- ion of an old district or districts, the basis of the division of the funds of the old district or districts should be the ratio of the number of school children in each district at the time of the for- mation of the new district. — Stratton, March 22, 1901. DECISIONS BY STATE SUPERINTENDENT. _ . ]. The powers and duties of a county superintendent of common 5,6,12, H,' 30-38. schools, under the law, are mainly executive and supervisory. He has, in addition, limited judiciary power in cases of hearing peti- tions and appeals; but in the exercise of this power he should not lay aside his executive and supervisory functions and assume the attitude of a judge in a case at law, leaving to the parties inter- ested the entire burden of conducting the investigation. He should, on the contrary, exercise his other official powers to the extent necessary to enable him to investigate thoroughly the mat- ter before him, elicit all necessary testimony, and thus have at hand the data upon which he will be able to render the just and equitable decision required of him by law. Sec. 175. 2. When the officers of a new school district have been ap- pointed, and have qualified according to law, the new district is fully organized and possesses all the powers of any other school district, though by a failure to have the required amount of school within one year it may forfeit its organization and cease to exist as a corporation. Sec. 33. 3. The terms of office of all the first officers of a new school dis- trict expire at the time of the first annual election succeeding its organization, whether those officers were appointed by the county superintendent or hold their positions by virtue of a previous elec- tion in the old district or districts from which the new district was taken. They are only temporary officers in either case. Twelfth. OPINIONS AND RULINGS. 199 4. For the purpose of visitation by the county superintendent, Se g|^ nd the term "school" is construed to mean a department or room — a distinct collection of pupils under the supervision or instruction of a teacher, though that department, room or collection, may be but a part of the system or systems of schools of a city or town. Any other interpretation of the term would defeat the primary object of the law. 5. The successors of all school district officers appointed by the Se ^4eifth county superintendent, should be elected at the next annual school election succeeding their appointment. 6. In case a school district should fail to elect officers at the time and in the manner prescribed by law, the officer's whose terms of office expire at the time of such election should have taken place, do not of right hold over, or continue in office until Secs - 33 > 39 - 48 - the next or some subsequent annual election. This opinion is based upon the fact that school district officers, by failing to order the annual election to be held, at which all school district officers must be elected, might continue themselves in office perpetually, by giving no opportunity for the electors to express their will as to whom they desire as the officers of their district. In such cases the county superintendent should, upon a petition, declare such offices vacant, and should appoint other officers to fill the vacan- cies, in accordance with the wishes of the electors of the district. If, however, no protest is made by the people of the district, the old officers may be allowed to continue in office, and their acts will be perfectly legal. They are at least, officers de facto. 7. A board of directors cannot dismiss a teacher simply because Se p i 4 r 5 : t the teacher is unpopular, or does not give general satisfaction. They must first establish the fact that he is incompetent, or that he has violated the law or the terms of his contract. Neither can boards of directors make contracts that are not in accordance with law. 8. The spirit of the code is that school houses shall be used for Sec. 40. , ,, ..-,., . , -> t. Eleventh. public school purposes, and all incidental uses must be under such restrictions as to result in no injury to the school or to the school property. 9. Boards of directors and other school officers possess such Sec. 40. powers as are specifically delegated to them by law, and such other implied powers as are necessary in order to transact all bus- iness specifically prescribed by law. In other words, their powers are ministerial, not plenary. 10. It is the duty of boards of directors to make all necessary Sec.43. rules and regulations for the systematic transaction of their official business, and to transact all business as a board, at board meetings. 11. In the absence of any by-law of the board prescribing the seo.43. manner of calling them, special meetings of the board of directors may be called by the chairman, or by a majority of the board. 12. A board of directors cannot legally employ a minor child of Sec. 15. one of the directors to perform services for the district unless such child has been first emancipated by its parent. Unless the child 200 OPINIONS AND RULINGS. Sec. 49. Third. Sec. 49. Fifth. Sec. 64. Sec. 99. Sec. 148. Sec. 112. Sec. 146. Sees. 53, 54, 57, 58. has been emancipated, the parent may lawfully claim its wages, and thus the director would be placed in the attitude of auditor of his own accounts against the district. 13. All persons between the ages of five and twenty-one years, whether married or single, residing in any school district on the first day of June, should be enumerated by the school district clerk. The simple fact that a person is married does not debar him or her from the privileges of the common school in this state, under ex- isting laws. 14. The notice to be given by the school district clerk, of all meetings of the board of directors, is not a notice to the public, but simply a notice to the members of the board. A failure to give the required notice does not, of itself, invalidate the meeting, provided all members of the board actually attend the meeting and participate in its transactions. 15. It is the duty of the directors to provide for and maintain a public school in the district, open to all children of school age re- siding therein, but they have no power to apply the public school money to the maintenance of any private school, for the benefit of individual pupils of the district. 16. A teacher does not forfeit his certificate by non-attendance at a teachers' institute, but simply renders it forfeitable in case he has not a valid excuse for non-attendance. In other words, & forfeiture does not and cannot exist until a declaration of the forfeiture has been made by the proper authority. 17. That provision of the school law which requires the school district clerk to certify to the county auditor the levy of special taxes on or before the first day of September of the year in which the levy is ordered to be made, is not mandatory in regard to the time of making the certificate. That is to say, a failure to make the certificate on or before the first day of September does not in- validate the levy. The county auditor may lawfully receive the certificate and enter the levy upon his books at any time prior to closing them. But a special tax levied one year cannot be certified and entered upon the auditor's books the next year. Any special levy is based upon the assessment of the year in which it is made, and it cannot consistently be based upon the assessment of one year and collected upon the assessment of another. 18. The law requiring a county superintendent to grant tempo- rary certificates under certain conditions is mandatory, provided that the conditions contemplated by the law are complied with ; and the certificate in lieu of which the temporary certificate is granted, or upon which the application is based, need not be a certificate which is in full force and effect at the time the applica- tion is made. 19. A contract to teach does not, either directly or by implica- tion, include the doing of janitor work by the teacher ; and unless a contract to teach specifically states that the teacher is to per- form that service, the directors must provide some person other than the teacher to perform duties of janitor for the school. 201 FORMS FOR USE OF SCHOOL OFFICERS AND TEACHERS. Form No. 1. County Superintendent's Annual Report to State Superintendent, of Public Instruction. Not printed with laws.] Form No. 2. Petition to County Superintendent, Praying for Formation of a New School District. To the Superintendent of Common Schools, County, Washington : We, the undersigned, being heads of families and lawful petitioners for the purpose herein set forth, do hereby petition you to form a school district in the county of State of Wash- ington, with the following boundaries, viz.: [Here describe boundaries.] Our reasons for asking for the formation of the above described district are as follows, viz. : [ Here give reasons.] Following is a correct list of the names of children of school age residing within the limits of the proposed district, viz. : [ Here insert the names of children of school age.] Signed. Signed. Dated this day of 190... Remarks.— This petition must be signed by at least five heads of families, who are bona fide residents of the proposed district. Form No. 3. Petition to County Superintendent, Praying - for Alteration of Boundaries of School District. To the Superintendent of Common Schools, County, Washington : We. the undersigned, being heads of families and lawful petitioners for the purpose herein set forth, do hereby petition you to change the boundaries of School Districts Nos , of county, Washington, as follows, viz. : [ Here describe change desired. ] Our reasons for desir- ing said change of boundaries are as follows, viz : [ Here give reasons. \ Following is a correc- list of the names of children of school age residing in the territory which it is desired to have transferred : [Here give list of names.] Signed. Signed. • Dated this day of , 190. 202 FORMS. Form No. 4. Notice of Meeting to Investigate a Petition for the Formation of a School District. Notice is hereby given that a meeting will be held at on the day of , 190. . , at the hour of .. o'clock .. M., for the purpose of investigating a petition which was filed in my office on the day of , 190 ., praying for the formation of a school district, with the fol- lowing boundaries, viz. : And all parties are hereby notified that a full and fair investigation will be made at the time and place above stated of all matters pertaining to the formation of the above described school district, and if it shall be deemed advisable, the petition will be granted and the school district formed as prayed for. Dated this day of , 190... (Signed) , Supt. of Com. Schools, County, Washington. The above notice is posted by this day of , 190. . . Remarks.— Twenty clays notice must be given. See Code of Public Instruction, section 4. Form No. 5. Notice of Meeting to Investigate a Petition for the Alteration of School District Boundaries. Notice is hereby given that a meeting will be held at on the — day of , 190. ., at the hour of . . o'clock . . m., for the purpose of investigating a petition which was filed in my office on the day of , 190. . , praying for changes in the boundaries of School Districts Nos and in the county of , State of Washington, as follows, viz. : And all parties are hereby notified that a full and fair investigation will be made at the time and place above stated of all matters pertaining to said change of boundaries, and that if it shall be deemed advisable, the petition will be granted and the changes made as above described. Dated this day of , 190. . . (Signed) , Supt. of Com. Schools, County, Washington. The above notice is posted by , this day of , 190 ... Remarks. — Twenty days notice must be given. See section 5, Code of Public Instruction. Form No. 6. Certificate of Formation of School District. To the Board of Commissioners oe County, Washington: I, , superintendent of common schools in and for county, State of Wash- ington, do hereby certify that on the day of , 190 . . , I did, in accordance with law, form a school district in said county, and designate it " School District No. ..., county, Wash- ington," and prescribe for it the following boundaries, viz. : Witness my hand at my office this day of , 190 . . . Supt. of Com. Schools of County, Washington. FORMS. 203 Form No. 7. Certificate of Alteration of School District Boundaries. To the Board of Commissioners of County, Washington: I, , superintendent of common schools in and for county. State of Wash- ington, do hereby certify, that on the day of 190.., I did, in accordance with law, change the boundaries of School Districts Nos and of said county, as follows, viz. : Witness my hand at my office this — day of , 190... Supt. of Com. Schools County, Washington. Form No. 8. County Superintendent's Order Forming' a School District. Whereas, In compliance with a petition praying for the formation of a school district in the county of State of Washington, which petition was filed in my office on the day of , 190 . . , a meeting to investigate all matters pertaining thereunto was held at on the day of , 190. ., of which meeting due notice was given as required by law, and it appearing from said investigation that the prayer of the petitioners should be granted: Now, therefore, I , superintendent of common schools in and for said county, do hereby constitute and form said school district and designate it "School District No , county, Washington," and prescribe for it the following boundaries, viz. : And all persons affected by this action are hereby notified, that unless an appeal from this action be taken, as provided by law, this action will be final; that it will be certified to the county commissioners at their next regular meeting, and that the officers of the district will be appointed as provided by law. Dated this day of , 190. . . (Signed) Supt. of Com. Schools, County, Washington. Remarks.— Three of the above notices should be posted in the new district, and all except the notice following the description of the boundaries should be entered in the superintendent's record book, together with action of county commissioners in case of an appeal, after final action is completed. Form No. 9. County Superintendent's Order Changing School District Boundaries. Whereas, In compliance with a petition praying for the alteration of boundaries of School Districts Nos and in county, State of Washington, which petition was filed in my office on the day of , 190 , a meeting to investigate all matters pertaining thereunto was held at , on the day of 190 , of which meeting due notice was given as re- quired by law; and it appearing from said investigation that the prayer of the petitioners should be granted ; Wow, therefore, I, , superintendent of common schools in and for said county, do hereby grant said petition and transfer the territory hereinafter described from School District No to School District No , as follows, viz. : 204 FORMS. And all persons affected by this action are hereby notified, that unless an appeal shall be taken as provided by law, this action will be final, and that it will be certified to the board of county commissioners at their next regular meeting. Dated this .... day of , 190... Supt. of Com. Schools, County, Washington. Remarks. — At least one copy of this notice should be posted in each district affected by the change, and a record of the change should be made in the superintendent's office. Form No 10. Report of Teachers' Institute, County, Washington. Institute convened at on the — day of , 190 . . . Conductor, of instructors, , , No. of days institute was in session, ; No. of teachers en- rolled, ; total expense of institute paid by county, $ SCHEDULE OF ATTENDANCE. Names. Postofflce addresses. No. days attendance. No. of months' or years' experience had as a teacher. Dated this day of , 190. .. , County Superintendent. Remarks.— This report is required to be made within fifteen days after the close of the institute. Form No. 11. Certificate of County Treasurer to County Superintendent Showing the Amount of Funds on Hand to be Apportioned. To , Superintendent of Common Schools, County, Washington : I hereby certify that the amount of school funds now in my possession and subject to appor- tionment to the several school districts of county, State of Washington, is $ , derived from the following sources, viz. : Taxation, $ — ; fines, ? — ; licenses, $ — ; other sources, $ — Dated this., .day of 190... Treasurer of County, Washington. Form No. 12. Certificate of County Superintendent to County Treasurer, Showing Amount of Funds Apportioned to Each School District, To Mr , Treasurer County, Washington : I hereby certify that I have this day apportioned the school funds belonging to the several school districts of county, Washington, now in your hands and subject to apportionment, FORMS. 205 as shown by certificates now on file in my office, and that the several school districts are en- titled to the amounts set opposite their respective numbers, as follows : State fund County fund So Amount of of state funds. Amount of county funds. Total. •<* 09 Amount of state funds. Amount of county funds. Total. ? c. * c. ? c. ? c. ? c. $ c. • Dated this day of , 190.. (Signed) Supt. Com. Schools, County, Washington. Form No. 13. Form for Notifying District Clerk of the Amount of Funds Apportioned to his District by County Superintendent. To Clerk of School District No , County, Washington: I hereby certify that on the day of , 190.., funds were apportioned to your district as follows : State school fund, ? ; county school fund, ? — ; total, $ Dated this.... day of , 190... (Signed) , Supt. Com. Schools, County, Washington. Form No. 14. Annual Report of County Treasurer to County Superintendent Showing Finan- cial Status of Each School District for Preceding Year Ending June 30. [ Not printed with laws.] Form No. 15. Appointment of Director or Clerk to Fill Vacancy. By virtue of authority in me vested by law. I hereby appoint to the office of of School District No of county. State of Washington, to fill a vacancy caused by [here state cause of vacancy]; said to continue in office until the next annual school election, and until his successor is elected and qualified according to law. Done this day of 190 .... (Signed) Supt. of Com. Schools, County, Washington. 206 FORMS. OATH OF OFFICE. State of Washington, County of , ss. I, , do solemnly swear (or affirm) that I will support the constitution of the United Seates 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 Dis- trict No , in the county of , in said state. So help me God. (Signed) , (Postofflce) Subscribed and sworn to before me this day of , 190 . . . (Signed) [Here state official character of officer who administered oath.] Form No. 16. Report of Defective Youth. To the Board of Commissioners of County, Washington: I herewith transmit to you a report of all defective youth residing in your county, as re- ported to me by the clerks of the several school districts of the county. Dated this .... day of , 190. .. Supt. of Com. Schools, County, Washington. Name of youth. Character of ail- ment. Name of parent or guardian. Postoffice address of parent or guardian. Remarks.— This report should be made to the county commissioners at their August meet- ing, and a copy of it should be sent by the county superintendent to the director of the School for Defective Youth, at Vancouver, Washington. Form No. 17. Graded School Report. [ Form not printed with laws.] Form No. 18. Union High School Report. [ Form not printed with laws.] Form No. 19. Annual Report of School District Clerk to County Superintendent. [Not printed with laws.] FORMS. 207 Form No. 20. District Clerk's Certificate to Directors. To the Directors of School District No , County, Washington : I hereby certify that all reports required t>y law to be made by teachers to school district clerks or to county superintendents have been made by ; that the register has been properly kept, and that said is now entitled to an order in full payment of his ser- vices as teacher. Dated this day of , 190. . . Clerk of School District No Remarks.— Directors shall not sign warrant for last month's salary until this certificate is made a part of the clerk's records, or until by personal inspection they find that the reports have been properly made. Form No. 21-a. Certificate of Special Tax Levy. ( When ordered by vote of Electors.) State of Washington, ) County of , f • To the Auditor of County, Washington: I, , clerk of School District No , of said county, do hereby certify that at a special election, duly called and held in said school district, on the — day of , 190 . . , it was voted by the legal electors of said school district that a special tax of mills on the dollar be levied on all taxable property of said school district, as shown by the assessment roll for the year 190. . , for the purpose of Witness my hand this day of 190 . . . Clerk of School District No , County Washington. Remarks.— This certificate must be filed with the auditor on or before the first day of Sep- tember. The directors of a school district may levy a tax not exceeding five mills on the dollar. Form No. 21-b. Certificate of Special Levy. (When levied by school district directors.) State of Washington, I „„ County of J 88, To The Auditor of County, Washington : I , Clerk of School District No , of said county, do hereby certify that at a meeting of the board of directors duly held in said school district, on the day of 190. . , it was voted by the said board of directors of said school district that a special tax of mills on the dollar be levied on all the taxable property of said school district, as shown by the assessment roll for the year 190. , for the purpose of Witness my hand this — day of , 190... (Signed) Clerk of School District No County, Washington. Note.— This certificate must be filed with the auditor on or before the first day of September. Boards of directors may levy a special tax of five mills or less without a vote of the people. 208 FORMS. Form No. 22. School District Warrant. ? No Washington, 190.. Treasurer of County, Washington : Pay to , or order, the sum of dollars out of the [here state what fund] funds of School District No , of said county, for [here state for what service] and charge the same to the account of said district. Countersigned, (Signed) , \ > Directors. Clerk School District No ) Form No. 23. Notice of Annual Election. Notice is hereby given that the annual election of School District No , of county, State of Washington, will be held at , in said school district, on Saturday, the day of May, 190. ., for the purpose of electing school district officers as follows, viz. : One school district clerk for a term of one year. One school district director for a term of three years. and for the transaction of such other business as may lawfully come before the meeting. The polls will be open from . . o'clock . . M., to . . o'clock . . m. By order of the board of directors. Dated this .... day of , 190. .. School District Clerk. Remarks.— Three of these notices must be posted at least ten days prior to the day of elec- tion, one of which must be at the place of holding the election. All elections should be held at the school house if there be one. Form No. 24. Notice of Election to Vote Special Tax. Notice is hereby given that a special election will be held at , in School District No , of county, State of Washington, on the day of 190. ., for the purpose of deter- mining whether a special tax of . . mills on the dollar shall be levied upon all taxable property in said school district, for the purpose of Those in favor of said tax levy will vote, " Tax, yes ; " those opposed, " Tax, no." The polls will be open from . . o'clock . . M. to . . o'clock . . M. By order of the board of directors. Dated this .... day of , 190... (Signed) , School District Clerk. Remarks.— All elections must be held at the school house, if there be one. At least three notices must be posted at least ten days, one of which must be at place of holding election. FORMS. 209 Form No. 25. Notice of School District Bond Election. Notice is hereby given that a special election will be held at , in School District No. . . , of county, State of Washington, on the — day of , 190. ., for the purpose of deter mining whether or not the directors of said school district shall borrow money and issue bonds of the district in the sum of dollars, for the purpose of Said bonds, if issued, shall bear a rate of interest not to exceed . . . per centum per annum, payable annually ; the bonds to be payable and redeemable in years after date : *Provkled, That said school district reserves the right to pay or redeem said bonds, or any of them, at any time after years from the date thereof. The election will be by ballot. Those in favor of the issuing of bonds as above specified, will vote, " Bonds, yes ; " those opposed, " Bonds, no." The polls will be open from . . o'clock . . m. to . . o'clock . . m. By order of the board of directors. Date this day of 190... (Signed) School District Clerk. Remarks. — All elections must be held at the school house, if there be one. At least three notices must be posted at least ten days one of which must be at the place of holding election. Preserve one copy of this notice as a part of the records. *If the directors do not desire the option of paying the bonds, or any part of them, before the maximum limit stated in the notices, this clause should be erased. Form No. 26. Notice of Special School District Meeting. Notice is hereby given that a special meeting of the legal school electors of School District No of county, Washington, will be held at , in said district, on the day of , 190. ., beginning at the hour of o'clock . . M.,of said day, for the purpose of determin- ing By order of the board of directors. Dated this day of , 190.. School District Clerk. Remarks.— At least three notices should be posted at least ten days. No business can be transacted except such as is specified in the notice. The meeting contemplated is not an elec- tion in the strict sense of that term, but is a meeting at which the voters may assemble to dis- cuss and determine matters pertaining to the welfare of their district. Form No. 27. Certificate of Election to be Given by Clerk of Annual School Meeting to Officers-Elect. TO G REETING : This is to certify that at the annual election of School District No , of county, State of Washington, held on the clay of May, 190. ., you were 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. Dated this .... day of 190. . (Signed) Clerk of District School Election. Remarks.— This notice sliould be retained by the officer elected. ♦Directors take office on the first Monday in June; clerks on the first Monday in August. —14 210 FORMS. Form No. 28. Certificate of Election and Oath of Office. To Superintendent of Common Schools of County, Washington: I hereby certify that at the annual election of School District No , county. State of Washington, held on the — day of May, 190.., M was duly elected to the office of of said district for a term of years, beginning on the first Monday in * next succeeding 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 Dis- trict No in the county of , in said state. So help me God. (Signed) , Subscribed and sworn to before me this day of , 190.. L Here state official character of officer who administers oath.] Remarks.— This notice should be given to the person elected, who must qualify on or be- fore 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 superin- tendents 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 June 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 Wash- ington, on the day of 190 . . , and being chosen judges of said election, and clerk, all being duly sworn as required by law, before entering upon the duties of their respective offices. dumber and names of electors voting. 1 2 3 4. 5. 6. • Tally list. Tally list. FORMS. 211 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 re- ceived votes for director; that received votes for clerk, etc,, etc. Attest: • , ) r Judges. Clerk of Election. Remakks.— 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 contain 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 or 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 190.., 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. r Judges. Subscribed and sworn to this — day of 190.. . [ Here state official character of officer administering oath.] OATH OF CLERK OF ELECTION. State of Washington, Coonty of , ss. I, , do solemnly swear that 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 , 190.. 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 190... [ Here state official character of officer administering the oath. A director may administer it.] Form No. 30. Certificate of Bond Election. State of Washington, / County of | To the Treasurer of County, Washington: We, the undersigned, directors of School District No of county, State of Wash- ington, do hereby certify that at an election held in said school district on the day of 190... 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 an- 212 FORMS. num, payable annually; *and we further certify that the board of said directors of said dis- trict reserves the right to redeem said bonds as follows, viz. : Witness our hands this . . Attest: day of , 190. Directors. School District Clerk. , ) * 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 advertisement; 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 190. ; 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 of office. Duration of term. Postoffice address. Dated this .... day of , 190. 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 , 190.; that his oath of office is now on file in my office. Dated this .... day of 190. . Supt. Com. Schools, County, Washington. Remark. — All appointed officers serve until the next annual election. Form No. 33. Teacher's Register. [Not printed with laws.] FORMS. 213 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 , 190 . : 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 ft> 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 mav come under the immediate supervision of said teacher, for a term of school months, commencing on the day of , 190 , 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 oi 190.. 1 , !• Directors. J , Teacher. Attest: , District Ulerk. Recorded on page of Record of Contracts. , Supt. Common Schools. Note.— This contract must 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 or Term Report to County Superintendent or District Clerk. [.Not printed with laws.] Form No. 36. Common School (Eighth-Grade) Diplomas. [Not printed with laws.] Form No. 37. Teacher's Temporary Certificate. COMMON SCHOOLS OF THE STATE OF WASHINGTON. This is to certify that having riled 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 214 FORMS. temporary certificate, which entitles h — to teach in the common schools of county, Washington, 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 , 190.. Extended until , 190.. * ) 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 , 190.. Supt. Com. Schools, county, Washington. Form No. 39. County Superintendent's Certtficate That All Reports Have Been Made. Office of Superintendent of Common Schools, County, Washington : ,190.. 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 follow- ing : 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 super- intendent of public instruction does hereby appeal from the decision of said superintendent and respectfully ask that you take such action in the matter as will redress the grievance here- inafter set forth. The action complained of is : [Here state fully and clearly the action com- plained of.] FORMS. 215 State of Washington, County or , 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 , 190 . . [Here state official character of officer administering oath.] Remarks.— All appeals must be taken within thirty days after the act. order or decision complained 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 county, 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 helD me God. (Signed) Subscribed and sworn to before me this day of , 190. . [Here state official character of officer administering oath.] Remarks.— All appeals must be taken within thirty days after the act, order or decision complained 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, does 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. 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 190. . [Here state official character of the officer administering oath.] Remarks.— All appeals must be taken within thirty days of the act. order or decision com plained of. Form No. 43. Report of Fines Collected by Clerks of Courts and Justices of the Peace. To the Superintendent of 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 190.., as fines for breach of penal laws of the State of Wash- 216 FORMS. 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 ,190... Remarks.— Clerks of courts and justices of the peace are required to make this report quar- terly. Form No. 44. School District Officer's Signature. Treasurer of 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 190... (Signed) , * Director . . Clerk of School District No , County. Washington. *Erase "Director" or "Clerk." as the case may require. Certificate. I hereby certify that the within signature of M is genuine, and that he is a — of School District No (Signed) , *Director . . Clerk of School District No , County, Washington. *Erase " Director " or " Clerk," as the case may require. Form No. 45. Application to Raise Grade of Certificate. [ Not printed with laws.] Form No. 46. Application for Common School Certificate, Based on State Certificate, ( B ). [ Not printed with laws.] Form No. 47. Application for Common School Certificate, Based on Normal School Diploma, etc., (C). [ Not printed with laws.] Form No. 48. Map of School District. [ Not printed with laws.] FORMS. 217 Form No. 49. Report of Teachers' Examination. [ Not printed with laws.] Form No. 50. Code of Public Instruction. Form No. 51. Biennial Report of Superintendent of Public Instruction. L Not printed with laws.] Form No. 52. Requisition Blank. CALENDAR FOR THE YEAR'S DUTIES. July 1st, fiscal year begins 67 First Monday in June, directors assume office 39 July 15th, 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 112 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 First Saturday in May, regular board meeting 43 June 1st, begin taking census 49 Second Saturday in May, annual election of officers 149 (218) ALPHABETICAL INDEX TO CODE OF PUBLIC INSTRUCTION. A. Agricultural College: Sec. Page. Establishment , 190 99 Ex officio visitors 191 99 Courses of study 192 99 Duties of regents 193 100 Departments 193 100 Experiment station 193 101 Experiment station required by act of congress 199 103 Management, in whom vested 194 101 Appointment of regents 194 101 Bonds of regents 194 101 Residence of regents 194 102 Organization of board 195 102 Treasurer 195 102 Secretary 195 102 President, chief executive officer 196 102 Duties of officers 196 102 By-laws 197 103 General control. 198 103 Congressional requirements assented to 200 104 Meetings of the board 201 104 Oathofofflce 202 104 Regents' expenses 203 104 Biennial report 204 105 Disbursements 205 105 Interest in contracts 206 105 Governor ex officio member of the board 207 105 Power to grant degrees 208 105 Construction of buildings 209 105 Bonds of contractors 209 106 Architects 210 106 State Auditor to issue warrants 211 106 Admission to Normal Schools 224 ill Admission to University or Washington 183 95 Annual State Tax 110 62 Appeals— To Superintendent of Public Instauction: How taken, by persons aggrieved 36 33 From decision made by county superintendent 47 39 Appeals— To county superintendent: Mode of procedure 47 39 Appeals — To county commissioners: In formation of school districts 3 14 In alteration of school districts 5 17 Appendix — 135 Appt'i 33 Shall forfeit ?50 for failure to make report 160 89 Shall send transcript of record in case of appeal 3G 34 Shall receive mileage, for, when 38 34 May form new districts, how 4 14 May change boundaries of districts, how 5 16 Shall certify action to county commissioners, when 5 17 Shall apportion money to new school district, when 116 65 Shall deduct 25 per cent, of district funds, when 174 92 Shall appoint directors to fill vacancies, when 33 32 Shall decide cases of appeal 47 40 Shall apoint clerk to fill vacancy 48 40 Shall certify to directors, quarterly, of clerk's reports 50 43 Shall appoint school officers on failure to elect 33 32 Shall make a record of school district boundaries and assign a number 12 20 Shall hold institutes and teachers' meetings 33 33 Shall keep detailed account of institute expenses 104 61 Shall see that fines, penalties, etc., are reported 161 89 Shall forbid payment of warrants in certain cases 162 89 Shall preserve certificates of elections 155 87 Shall examine accounts of city districts, when 91 56 Shall report defective youth 253 116 Liability for failure to report defective youth 256 117 Penalty for not making report 160 89 Superintendent ov Public Instruction : When elected, term of office 20 23 Shall supervise all matters relating to public schools 22 23 Shall receive salary of ?2,500 per annum 21 23 Shall report to governor, biennially, what 22 23 Shall distribute biennial reports 22 24 Shall prepare, have printed and distribute blanks, forms, books, etc 22 24 Shall travel, visit schools, deliver addresses, etc 22 24 Shall submit statement of expenses to State Auditor 22 24 Shall have printed laws, with forms 22 24 Shall be ex officio president of state board of education 22 24 Shall hold convention of county superintendents biennially 22 25 Shall apportion state school fund, how 22 25 Shall require reports from private and state institutions of learning 22 26 Shall keep directory of regents, trustees, teachers and faculties 22 26 Shall grade examination papers and issue certificates to applicants 22 26 Shall keep on file papers and records relative to educational affairs 22 27 234 INDEX TO CODE. Superintendent of Public Instruction— Continued. Sec. Page. May make certified copies of official papers 22 27 Shall decide points of school law, and publish rulings and decisions 22 27 Shall deliver all records to successor 22 27 May employ a stenographer and appoint a deputy 23 27 Shall render decisions on appeals 36 34 Superior Judge : Shall remove children not sent to school 177 94 Shall summon parents or guardians to show cause 171 91 T. Taxes : Annual levy in cities of 10,000 97 59 Limit of levy in cities of 10,000 98 59 Annual levy of state school fund Ill 63 Limit of levy of state school fund Ill 63 Special tax levy 112 63 County commissioners to levy interest fund on bonds 121 69 Teachers : Who are qualified teachers 51 43 Shall report to county superintendent on making contract 52 43 Shall make report at close of term or school year 52 44 Shall file copy of report with clerk before last month's salary can be paid. . . 52 44 Principal or city superintendent may report in lieu of 52 44 Shall keep register and make statistical summaries 53 44 Shall enforce course of study and rules 54 44 Shall be employed only on written order of board 55 45 Must hold a legal certificate in force for full period of contract 55 45 Not required to teach holidays or Saturdays 56 45 Shall maintain order 57 45 May suspend pupils 57 45 Shall teach morality, patriotism, etc 58 45 Shall not maltreat pupils 167 91 May dismiss primary pupils, when 66 48 Shall be excluded from school, when 68 49 Must attend institute 99 60 Shall be entitled to compensation while at institute if teaching 102 60 Shall forfeit certificate for non-attendance at institute 168 91 Shall be exempt from maltreatment of parents and others 169 91 Penalty for abusing 169 91 Teacher's Institutes : Must be held annually in certain counties ' 99 60 May be held annually, when 100 60 Duration of session 101 60 Expenses of institute, how paid 104 61 All teachers must attend 99 60 Institute fund consists of examination fees and $200 from county funds 103 60 Temporary certificates 137 79 Temporary certificates— Upon what evidence granted 146 83 Text-Books : By whom adopted 105 61 Cities of 10,000 may adopt additional text-books 92 56 Penalty for failure to use state books 174 92 For normal schools 223 111 Free Text-Books : Furnishing of, directors may furnish 106 61 Directors may levy tax 107 61 Directors may acquire books by purchase or donation '. 107 61 Directors shall furnish books and adopt rules 108 61 Treasurer— County : Shall be ex officio treasurer of school districts 59 45 Shall receive, hold and pay out money 59 46 Shall certify, quarterly, funds to be apportioned 59 46 Shall make annual report to county superintendent 59 46 INDEX TO CODE. 235 Treasurer— County — Continued. Sec. Page. Shall register school warrants 59 46 Shall endorse warrants when not paid 59 46 Shall advertise warrants quarterly 59 47 Shall neither pay nor register warrants improperly drawn 62 47 Shall be ex officio treasurer of city districts 88 55 Shall submit to secretary of city district a quarterly report 88 55 Shall credit examination fees to institute fund 103 60 Shall collect and hold school funds 112 64 Shall collect special taxes 112 64 Shall pay warrants according to their presentation 114 65 Shall receive all fines and place same to credit of proper district 113 64 Shall transmit funds to State Treasurer 113 64 Shall receive moneys paid by school district officers 42 38 Shall advertise school bonds for sale 119 67 Shall register school bonds 119 67 Shall canvass bids for bonds 120 68 Shall deliver bonds to purchaser and receive proceeds 120 68 Shall pay interest on bonds when due, and report 122 69 Shall notify holders of bonds of redemption 125 70 Shall publish notices, pay and cancel bonds 127 71 Shall deliver canceled bonds to directors 127 71 Truant Officers: Must be appointed in cities of 10,000 3 126 Shall make complaint in certain cases 3 127 Must visit establishments where children are employed 8 128 Shall demand names of children employed 9 128 Trustees: Normal Schools 213 107 School for defective youth 230 113 Tuition: Normal schools 221 110 School for defective youth 229 113 School for defective youth 251 116 University of Washington 183 96 u. University of Washington : Establishment 182 95 Subjects taught 183 95 Tuition free 183 96 Admission of students 183 96 Board of regents, to consist of 184 96 Board of regents, term of office 184 96 Board of regents, vacancy 184 96 Board of regents, oath of office 184 97 Board of regents, organization 185 97 Board of regents, meetings 185 9/7 Board of regents, powers and duties 186 97 Board of regents, general control 186 97 Board of regents, to prescribe courses of study 186 97 I ',( is id of regents, to grant diplomas 186 97 Board of regents, to receive gifts and gratuities 186 98 Board of regents, to give bonds to war department 186 98 Board of regents, to make biennial report 186 98 Board of regents, expenses of 186 98 Faculty 187 98 Non-sectarian control 188 99 Attorney general, legal adviser 189 99 Union Schools : How formed 9 18 Directors of 9 18 Directors, how organized 9 18 Directors, how organized 10 19 236 INDEX TO CODE. Union Schools— Continued. Sec. Page. Directors may levy tax 10 19 May prescribe course of study 10 19 Teachers of, must make report 11 19 V. Vacancies : On state board of education 26 28 County superintendent 30 30 School district director 39 36 School district clerk 48 40 School directors in cities of 10,000 89 55 Regents, university of Washington 184 96 Regents, agricultural college 194 101 Trustees, normal schools 213 107 Trustees, school for defective youth 233 113 Vaccination — Required 92 57 Validation : Of school officers' authority 63 48 Of certificates and diplomas 136 78 Validation of Debts : School districts may validate, when 128 71 Directors shall provide for, by resolution 129 72 Three-fifths vote neecessary. 129 72 Directors shall determine voting places 130 72 Election for, how held — 130 72 Judges of election shall count and certify vote 130 74 Clerk shall post notices of election 131 74 Directors may issue bonds 132 75 Interest shall not exceed six per cent 132 75 Directors shall determine the amount and character of bonds 133 75 Warrants may be exchanged for bonds • 134 76 Directors shall notify the county treasurer 135 76 Annual expense thereafter not to exceed revenue 135 77 County commissioners shall levy tax, when — 135 77 Vice President : Of directors in cities of 10,000 80 54 Duties of i ■ ■ 83 54 Vivisection — Penalty for 173 92 Forbidden, except in dental or medical department of school 1 125 W. War Department — Bonds to, by regents of university 186 98 Warrants : Shall be registered 59 45 Improperly drawn, not paid 62 47 Order of payment 114 65 May be exchanged for bonds 134 76 Women Eligible: To school offices I" 6 93 Must register 1 H9 ALPHABETICAL INDEX TO CONSTITUTION. Sec. Absconding Debtors — Not privileged from imprisonment for debt 17 Absence — Of governor, duties devolve upon lieutenant governor 10 Of governor and lieutenant governor, duties devolve upon secretary of state 10 Of judical officer, shall work forfeiture of office 8 Of other persons in certain cases, shall not effect residence for purpose of voting or election to office 4 Acceptance of certain offices under U. S. to vacate seat in legislature 14 Accused : Rights of, to defense in criminal prosecutions 22 Rights of, in removal from office by legislature 9 Act: Not to be revised or amended, unless set forth in full 37 May become a law, how 12 Actions, Suits, Contracts, Etc. : Not to be affected by change in form of government 1 Pending, to be transferred to state courts 5 All pending actions, with papers, etc., to be transferred to proper courts. 8 Pending actions in supreme court of territory transferred to supreme court of state 8 Adjournment of Legislature : For want of quorum 8 Powers restricted as to time and place 11 Adoption or Children shall not be authorized by special acts of legislature 28 Advtce and Consent of Senate — Appointment of officers for state institu- tions to be by and with 1 Affirmation : ( See Oath.) Alienation of Franchise — Not to relieve corporations from liabilities 8 Aliens : Ownership of land by. prohibited except in certain cases 33 Corporations aliens, if majority of stock is owned by aliens 33 Amendment to Charter of Town by special legislation, prohibited 28 Amendments to Constitution : Proposed in either house Two-thirds vote necessary in each house Votes to be taken by ayes and noes Must be ratified by electors at general election Must be voted upon separately Must be published three months before election Amendments to Bills : May be made in either house 20 Not to change scope or object of original bill 38 anmimknt of Marriage : Appellate jurisdiction of supreme court 4 Original jurisdiction of superior courts 6 Appki.i.atk Jurisdiction : Of supreme court 4 Of superior court 6 Of superior court over decisions of probate court 10 Appointment : To office under U. S., effect on legislator if office is accepted 14 Of officers of state institutions, to be made by governor 1 (237) Art. Page. 1 139 o 149 3 149 4 156 6 163 2 143 1 139 4 157 2 147 3 149 27 187 27 188 27 189 13 12 2 2 2 23 23 23 23 23 23 4 4 4 4 27 2 13 189 142 142 145 177 173 146 146 145 184 184 184 184 184 184 144 145 154 155 154 155 190 143 177 238 INDEX TO CONSTITUTION. Apportionment : Sec. Art. Page. Of legislators to be made after each census 3 Persons excluded 3 Of legislature Appropriations : Necessary to draw money from state treasury 4 Payment to be made, when 4 Sum and object to be specified 4 Can be made for capitol building 3 Area Reserved : Between harbor line and line of high tide 1 Restrictions on sale by state 1 Arms — Right of people to bear 24 Army — Standing, not to be kept 31 Arrest : Members of legislature privileged from 16 Except for certain crimes 16 Electors privileged from, on election day, except 5 Members of militia priviledged from, when 5 Artificial Light — Right of cities to contract debt for 6 Assemblages of People — Right to assemble peaceably not to be abridged. . 4 Assessment : Appellate jurisdiction of supreme court 4 Original jurisdiction of superior court 6 Uniform and equal rate of, to be established ( see Tax, Taxation ) 2 Assignment of counties to each judge of superior court 5 Association : Included in term " corporations " 5 May organize to construct telegraph and telephone lines 19 Combination to fix price, limit production, etc., of any product prohibited 22 Attainder, Bills of— Prohibited 23 Attorney General: When and by whom elected 1 Term of office 3 Duties of 21 Salary of 21 May be removed for incompetency, etc., by legislature 9 Rights of accused 9 Liable to impeachment 2 Auditor: When and by whom elected 1 Term of office 3 Duties of 20 Salary of 20 Must reside, where 24 Office may be abolished by legislature 25 Ayes and Noes: To be taken in voting upon nominations by governor for officers of state institutions 1 And entered on the journal 1 On proposed amendment to constitution 1 To be entered on journal 1 ( See Yeas and Nays.) B. Bail: Excessive not to be required 14 Allowed on sufficient sureties 20 Except for capital offenses 20 Ballot: All elections to be by 6 Form of, for separate articles voted on 18 Banking Corporations: Liability of stockholders of 11 12 174 Liability of any officer of, for receiving deposit after knowledge of in- solvency of bank 12 12 174 2 141 2 141 22 181 8 164 8 164 8 164 14 178 15 178 15 178 1 140 1 140 2 143 2 143 6 161 10 168 8 165 1 137 4 154 4 155 7 165 4 154 12 173 12 175 12 176 1 139 3 148 3 148 3 151 3 151 4 157 4 157 5 160 3 148 3 148 3 151 3 151 3 152 3 152 13 177 13 177 23 184 23 184 1 138 1 139 1 139 6 161 !7 192 INDEX TO CONSTITUTION. 239 Sec. Art. Page. Beds and Shores of Navigable Waters — State asserts ownership of 1 17 180 Biennial sessions of legislature 12 2 142 Bill : No law except by bill 18 2 143 To embrace only one subject 19 2 144 May originate, where 20 2 144 Requisites at final passage of 22 2 144 Must be signed by 32 2 146 Limitation of time for introduction 36 2 147 To be presented to governor for approval 12 3 149 Governor may sign or veto 12 3 149 Passage over veto 12 3 149 When to become law 12 3 149 Bonds: County, city, township, etc., not to own stocks or bonds of corporation... 7 8 165 Of corporations not to be issued except for money, property or labor 6 12 173 Executed to the territory to pass to the state 4 27 188 Boundaries of state 24 185 Bribery : To be punished how 30 2 146 Compulsory testimony in cases of 30 2 14tV A disqualification for office 30 2 146 Bureau of Statistics, Agriculture, etc., to be established by legislature 34 2 147 Bureau of Vital Statistics to be established by legislature 1 20 181 C. Canal Companies (See Railroads.) Capitol Buildings — No appropriation to be made for, until, when 3 14 178 Capital. Offense — Bailable, when 20 1 139 Census— ( See Enumeration and Inhabitants.) Certiorari: Jurisdiction of supreme court 4 4 154 Jurisdiction of superior court 6 4 156 Change in Name by special legislation prohibited 28 2 145 Charter : Cannot be amended by special legislation 28 2 145 Void for want of organization 2 12 172 Not to be extended 3 12- 172 ( See City.) Chief Justice of Supreme Court: Who to be 3 4 153 Must preside on trial of impeachment, when ] 5 160 City: Power to levy tax for local improvements 9 7 163 Power to assess and collect taxes 9 7 163 Assessment, how ascertained 6 8 165 Charter of, how obtained 10 11 170 To be submitted to electors of 10 11 170 Approval of majority of electors necessary 10 11 170 To be published 10 11 170 Election for adoption to be upon notice 10 11 170 May be amended 10 11 171 Alternate articles may be voted on separately 10 11 170 Civil Actions: Limitation of, by special acts prohibited 28 2 145 Number of jurors in 21 1 139 Number necessary for verdict 21 1 139 Parties may waive jury 21 1 139 Classification of judges of supreme court by lot 3 4 153 Clerk : Of supreme court, judges to appoint 22 4 159 But legislature may provide for election 22 4 159 Salary of. to be provided by law 22 4 159 Collection of Taxes — Time not to be extended by special acts 28 2 145 240 INDEX TO CONSTITUTION. Combination : Sec. By common carriers to share earnings, prohibited 14 To affect price, production or transportation of any commodity, prohibited. 22 Commander in Chief of military 8 Commissioner of Public Lands: When and by whom elected 1 Term of office 3 Salary of 23 Duties of 23 Records of, to be kept at state capital 24 6ffice may be abolished by legislature 25 Commissions: To be signed by governor 15 To be attested by Secretary of State 15 Common Carriers: Railroad, canal and other transportation companies are 18 And subject to legislative control 13 Telegraph and telephone companies are 19 (See Railroads.) Common School Fund: Revenue and income to be applied to common schools 2 Revenue derived from, shall be applied to current use of 3 Principal to remain permanent s 3 Derived from what source 3 Legislature may provide for enlarging 3 Losses occasioned by default, fraud, etc., to become a permanent funded debt against state 5 Interest to be paid on debt, what 5 Not to be loaned to anyone 5 How to be invested 5 Common Schools — Not subject to private or special acts 28 ( See Public Schools.) Commutation of Sentence: Each case of, to be reported by governor to legislature 11 With reasons for granting the same — 11 Commutation of State Taxes prohibited 9 Commutation Tickets — May be at special rates 15 Compensation : To be first made on taking property for public use 16 To be made for right-of-way to use of corporations 16 To be ascertained by a jury 16 Of members of the legislature 23 Extra, to any public officer cannot be granted 25 Of public officers not to be changed during term 25 Of state officers shall not be increased or diminished during term (see salaries.) 25 Conditions on foreign corporations 7 Confession in Open Court— Effect in treason 27 Congress: Member of, not eligible to legislature 14 Legislators elected to, must vacate seat 14 To have exclusive legislation over lands of U. S Subject to certain conditions To have control of Indian lands 2 Consent of Governed — Origin of just powers of government 1 Consolidation of competing lines of railroads prohibited 16 Constables — Legislature to fix salaries of certain 8 Constitution: Of TJ. S., supreme law of land 2 Of state, provisions mandatory 29 Modes of amending 1 Convention to amend, may be called 2 Mode of revising 2 To be submitted to people 3 To go into effect, when 16 Art. Page. 12 175 12 176 3 149 3 148 3 148 3 152 3 152 3 152 3 152 3 150 3 150 12 174 12 174 12 175 9 166 9 166 9 166 9 166 9 166 9 167 9 167 16 180 16 180 2 144 3 149 3 149 11 170 12 175 1 138 1 138 1 138 2 144 2 144 2 144 3 152 12 173 1 140 2 143 2 143 25 185 25 185 26 186 1 137 12 175 11 170 1 137 1 140 23 184 23 184 23' 184 23 184 27 192 INDEX TO CONSTITUTION. 241 Constitution— Continued. Sec. Art. Page. Terms of officers, when to begin Contempt and Disorderly Behavior— Each house may punish for Contracts: Obligations of, not to be impaired Affecting price, production or transportation of any commodity prohibited, Existing, not to be affected by change in form of government Convention to Revise or amend: How and when formed To consist Convection: Not to work corruption of blood or forfeiture of estate On impeachment, two-thirds senators must concur i Convict Labor: Not to be let out by contract To be provided for by legislature Copartnerships— Not to combine, etc., to affect the price, production or trans- portation of any commodity Coroners may or may not be salaried officers Corporate Powers cannot be granted by special legislation Corporations : Equal privileges and immunities to To pay compensation for right-of-way Shall not be relieved from debt by special acts When alien Property to be taxed like that of individuals State not to surrender power to tax To be formed under general laws Laws relating to, may be altered, amended or repealed May be regulated or restrained in their business Certain existing charters and franchises to be invalid Liability of stockholders of Of banking, etc., shall be individually and personally liable, etc Banking and insurance companies excepted Stockholders may be joined as parties defendant Term includes associations and joint stock companies May sue and be sued Restriction on issue of stocks or bonds Consent of stockholders necessary to increase of stock Notice to be given on increase of stock Foreign corporations not to be favored Not relieved from liability by lease or alienation of franchise State not to subscribe for stock of Subject to right of eminent domain Not to issue anything but lawful money of the United States Liabilities of stockholders in banking, insurance and joint stock companies Liabilities of officers of banks for receiving deposits after knowledge of insolvency Right to organize and construct telegraph and telephone lines Combination affecting the price, production or transportation of any com- modity, prohibited 22 12 176 (See Railroads.) Corrupting Legislators— (See Bribery.) Corruption in Office —Who may be removed for Corruption of Blood— Conviction not to work County: Assignment of judges of superior court Existing to be legal subdivisions of state Restrictions on formations of new Majority of voters necessary to reduce territory of Debts to be apportioned on enlargement or division of Not to apply to certain property or to affect creditors Legislature to provide a system of government for Organization under township —16 16 27 192 9 12 142 23 1 139 22 12 176 1 27 187 2 23 184 2 23 184 15 1 138 1 5 160 29 2 145 29 2 145 22 12 176 8 11 170 28 2 144 12 1 138 16 1 138 28 2 144 33 2 146 3 7 163 4 7 163 1 12 172 1 12 172 1 12 172 2 12 172 4 12 172 11 12 174 4 12 172 4 12 172 5 12 173 5 12 173 6 12 173 6 12 173 6 12 173 7 12 173 8 12 173 9 12 173 10 12 173 11 12 174 11 12 174 12 12 174 19 12 175 9 4 157 15 1 138 5 4 154 1 11 168 3 11 168 3 11 16S 3 11 168 3 11 168 4 11 169 4 11 169 242 INDEX TO CONSTITUTION. County— Co ntinued. Sec. Not to tie relieved of proportionate share of taxes 9 County. City or Township: Power of, to contract debts 6 Limit of indebtedness 6 Assent of three-fifths of voters necessary 6 Assessment, how ascertained 6 Restriction as to purpose 6 May contract additional debts for water, etc 6 Not to give or loan its credit, except 7 Not to own stock or bonds of corporation, 7 May enforce local police and sanitary regulations 11 To assess and collect taxes 12 Use of money by official, a felony 14 All moneys to be deposited with the treasurer 15 County Clerk: To be clerk of superior court 26 Legislature to provide tor election of 5 To prescribe duties, fix term and compensation 5 To provide for strict accountability 5 County Commissioners: May fill vacancies in county, township, etc., offices (see County officers) . . 6 County Lines— Change of, by special acts prohibited 28 County Officers: Time of election of 8 Election to be biennial 8 Legislature to provide for election of 5 Duties and term of office to be prescribed by law 5 Compensation to be regulated 5 Accountability for fees 5 Not to hold office for more than two terms in succession 7 Legislature to fix sal aries of 8 Who may or may not be salaried officers 8 Guilty of felony for using money of county 14 County Seat: Change of, by special act prohibited 28 Proceeding for removal of 2 Three-fifths vote required . . '. 2 Proposition can be made but once in four years 2 County Commissioners: Judge of supreme court may appoint 23 Authority and duties of 23 Courts: Of record, what 11 Inferior, Legislature may prescribe jurisdiction of 12 Credit : Of state not to be given or loaned 5 • State shall not subscribe to stock of corporation or loan its credit 9 Of county, city, etc., not to be given or loaned 7 Crime— Persons charged with, to be bailable 20 Criminal Actions: No person to be compelled to testify against himself 9 Rights of accused in 22 Limitation of, by special act prohibited 28 Appellate jurisdiction of supreme court 4 Original jurisdiction of superior court 6 Upon change in form of government to be prosecuted in name of state. . . 5 Cruel Punishment not to be inflicted 14 D. Damage not to be done for public use without compensation 16 Debate— Member of Legislature not to be liable for words spoken in 17 Debts: Imprisonment for, not allowed 17 Absconding debtors excepted (see State Indebtedness, Territory) . 17 rt. Page. 11 170 8 165 8 165 8 165 8 165 8 165 8 165 8 165 8 165 11 171 11 171 11 172 11 172 4 160 11 169 11 169 11 169 11 168 2 144 6 162 6 162 11 169 11 169 11 169 11 169 11 170 11 170 11 170 11 172 2 144 11 168 11 168 11 168 4 159 4 159 4 is- 4 is? 8 165 12 173 8 166 1 139 1 137 1 139 2 144 4 154 4 155 27 188 1 138 1 138 2 143 1 139 1 139 2 145 4 159 1 139 4 157 8 1C4 2 144 3 149 INDEX TO CONSTITUTION. 243 Decision— (See Judicial Decision.) Sec. Art. Page. Deeds cannot be made valid by special legislation 28 Defects and Omissions in Laws to be reported to Governor, how 25 Defense: Kights of accused 22 In removal from office 9 Deficits or Failure in the Revenue— State may contract debts to meet.. 1 Delinquency in Office— (See Corruption in Office.) Disability— Property of persons under, cannot be affected by special legislation, 28 Disapproval of Bills by Governor 12 Discrimination : In charges for transportation by any common carrier prohibited 15 12 175 In the receipt and transmission of messages by telegraph or telephone companies prohibited 19 By a railroad in favor of any telegraph company prohibited 19 By a railroad in favor of any express company prohibited 21 Disorderly Behavior— Each house may punish for 9 Disqualification : On conviction for bribery of voters 30 On conviction for impeachment 2 District Court: Records in actions to be transferred to superior court,' when 8 To continue until superseded by superior court 8 Duty of clerk in transmitting papers to county clerk 8 Legislature to provide for election of 5 District Officers: To prescribe duties, fix term and compensation, etc 5 Time of election of 8 Of territory to hold office until when 14 Official bonds to be unaffected by the change in form of gevernment 14 Elections to be biennial 8 Divorce — Legislature not to grant 24 Drugs and Medicines— Legislature to regulate sale of 2 Due Process of Law— No person to be deprived of life, liberty, etc., without. . 3 E. Earnings— Combinations by common carriers to share, prohibited 14 12 176 Education: State to make provison for 1 No distinction on account of race, color or sex 1 Elections: To be free, equal and undisturbed 19 Of representatives, when 4 Of representatives after first election 5 To be biennial 5 Of senators 6 Each house to be judge of election of its own members 8 By Legislature to be viva voce 27 For state officers, how declared 4 Legislature to decide contested elections for certain state officers 4 Of judges of supreme court 3 Who may vote at 1 "Who not entitled 1 Idiots, insane persons, etc., excluded from elective franchise 3 To be by ballot 6 Time of, for county, district and state officers 8 To be biennial g Of officers under this constitution, time of 7 Of officers not provided for in constitution 11 Evidence, how taken, in contested [first] elections for judge of superior court 11 First election of representative to congress 13 First election to be according to laws of territory 15 12 175 12 175 12 176 2 142 2 146 5 160 27 189 27 189 27 189 11 169 11 169 6 162 27 191 27 191 6 162 2 144 20 181 1 137 9 166 9 166 1 139 2 141 2 141 2 141 2 141 2 142 2 144 3 148 3 148 4 153 6 161 6 161 6 161 6 1(31 6 162 6 162 27 189 27 191 27 191 27 191 27 191 244 INDEX TO CONSTITUTION. Elective Franchise: Sec. Not to be denied at school election on account of sex 2 Who excluded from 3 Elector: Who qualified 1 Who not qualified 1 Idiots, insane persons, criminals, etc. , not qualified 3 Residence not lost in certain cases 4 Privilege from arrest, when 5 Exempt from military duty, when 5 Legislature to secure secrecy in voting 6 Eminent Domain: Compensation to he first secured in taking property for public use 16 Or in damaging same 16 Corporations must make compensation for right-of-way 16 Corporations and franchises subject to 10 Right extended to telegraph and telephone companies 19 Emoluments, Privileges and Powers— Hereditary, prohibited 28 Employments Dangerous to Life, etc.— Legislature to protect persons in, 35 Enacting Clause of statutes 18 Enumeration of Inhabitants: * Legislature to provide for, when 2 Who to be excepted in 3 To be basis of new appointment of senators, etc 3 Enumeration of Rights — Not to deny others reserved 30 Equity: . Appellate jurisdiction of supreme court 4 Original jurisdiction of superior court 6 Evidence: No person to be compelled to give, against himself 9 Necessary to convict for treason 27 How to be taken in case of contested [first] election of superior court judge, 12 Exclusive Legislation: Of congress over certain lands of U. S Subject to conditions Over Indian lands Exclusive Privileges: Prohibited 12 To be invalid, when 2 Excursion and Commutation Tickets may be at special rates 15 Executive Department: Shall consist of what 1 Secretary of State to keep records of 17 Executive Officers— How and when chosen 1 Executive Power— Supreme, vested in Governor 2 Exemptions: From military duty, certain persons 6 Of homestead from forced sale 1 Expenses : State may contract debt to meet 1 Of constitutional convention to be provided for 19 Ex Post Facto Law prohibited 23 Express Companies to be allowed transportation, etc., on railroads on equal terms 21 12 176 Expulsion of Members: Power of each house 9 Restriction on power 9 Extension of Time for Collection of Taxes by special act prohibited. . 28 Extinguishment of Debt by special act prohibited 28 Extra Compensation to public Officers prohibited 25 Extra Sessions of Legislature— When convened 7 Art. Page . 6 161 6 161 6 161 6 161 6 161 6 161 6 161 6 161 6 161 1 138 1 138 1 138 12 173 12 175 1 140 2 147 2 143 2 141 2 141 2 141 1 140 4 154 4 155 1 137 1 140 27 191 25 185 25 185 26 186 1 138 12 172 12 175 3 148 3 151 3 148 3 148 10 168 19 181 8 164 27 193 1 139 o 142 2 142 2 144 2 144 2 144 3 149 INDEX TO CONSTITUTION. 245 F. Sec. Art. Page. Factories — Legislature to protect employes in 35 2 147 Fares and Freights— (See Railroads.) Federal, Officers — Not eligible to legislature 14 2 143 Fees: Prohibited to justice of the peace 10 Prohibited to judicial officers, except 13 Felony for public officer to use or make profit out of public money 14 Ferries cannot be authorized by special legislation 28 Fictitious Issue of Stock or Indebtedness to be void 6 Fines: Excessive, not to be imposed 14 Not to be remitted by special act 28 Governor to have power to remit 11 Governor to report to legislature names and amounts of fines remitted. . . 11 With reasons for remitting 11 Accrued to territory to inure to state 3 Fiscal Statement to be published annually 7 Forcible Entry and Detainer: Appellate jurisdiction of supreme court 4 Original jurisdiction of superior court 6 Foreign Corporations not to be favored 7 Forfeiture: Of estate, conviction not to work 15 Cannot be remitted by special legislation 28 Governor to have power to remit 11 And must report to the legislature 11 Legislature not to remit forfeiture of franchise or charter 3 Of franchise for violation of provision against combinations 22 Accrued to territory to inure to state 3 Forts, Magazines, etc. — Congress to have exclusive control of Franchise : Granting of, irrevocably prohibited 8 State not to surrender power to tax 4 Invalid, because not organized 2 Not to be extended 2 Legislature not to remit forfeiture of 3 Corporation not to be relieved from liability by alienation or lease of 8 Subject to right of eminent domain 10 May be forfeited 22 Freedom of Speech and of Press to be preserved 5 Freedom of Conscience guaranteed n Freight Rates: To be regulated by the legislature 18 Abuse and extortion to be prevented 18 Fundamental Principles: Frequent recurrence to, essential 32 1 140 G. Government: Source of just powers of 1 Purposes of 1 Governor: To issue writs for elections ; fill vacancies in legislature 15 When and by whom elected 1 Supreme executive power vested in 2 Term of office 2 May require written information from officers 5 To see that laws are executed 5 To communicate at every session to legislature 6 To convene legislature, when 7 To be commander in chief of military, except 8 Pardoning power vested in 9 Under restlctions 9 Who to act, in case of removal, etc 10 4 157 4 1.Y7 11 172 2 144 12 173 1 138 2 144 3 149 3 149 3 149 27 187 7 163 4 154 4 155 12 173 1 138 2 144 3 149 3 149 12 172 12 176 27 187 25 185 1 137 7 163 12 172 12 172 12 172 12 173 12 173 12 176 1 137 1 138 12 175 12 175 1 137 1 137 2 143 3 148 3 148 3 148 3 148 3 148 3 149 3 149 3 149 3 149 3 149 3 149 Art. Page. 3 149 3 149 3 149 3 149 3 149 3 149 3 149 3 149 3 150 3 150 3 150 3 152 3 152 4 153 4 154 4 156 5 160 10 167 13 177 1 140 246 INDEX TO CONSTITUTION. Governor — Continued: Sec. To remit fines and forfeitures 11 To report to legislature each case of pardon, reprieve, etc 11 With reason for granting the same 11 And also names of persons in whose favor fines and forfeiture have been remitted 11 With reason for the remission 11 To approve all laws 12 May return hill with objections 12 May veto one or more items 12 To fill vacancy in office 13 Salary of 14 To sign commissions 15 Must keep records of his office, where 24 Must reside where 24 To fill vacancy in judges of supreme court 3 To fill vacancy in judges of superior court 5 May extend leave of absence of judicial officer 8 Liable to impeachment 2 May call out militia to execute laws 2 To appoint regents, trustees and commissioners of state institutions 1 Grand Jury not to be drawn or summoned unless superior court so orders. . . 26 Granted Lands — (See Lands, Public Lands.) H. Habeas Corpus: Privileges of writ not to be suspended, except 13 Original and appellate jurisdiction of supreme court 4 Original jurisdiction of superior court 6 Each judge of supreme court may issue writs of 4 Writs returnable before whom 4 Harbors: Commission to be established to locate, lines in 1 Restrictions on state in selling land or rights in 1 Certain area to be reserved for landing, etc 1 Heir-at Law not to be determined by special legislation 28 High Schools may be established by legislature 2 Highways: Private and special legislation prohibited 28 But state and military roads excepted 28 Home not to be invaded without authority of law 7 Homestead — Exemption from forced sale 1 House or Representatives: Legislative powers vested in 1 Number of members 2 To be reapportioned after each census 3 Members, when and how chosen 4 Shall be elected biennially after 1890 5 To have sole power of impeachment 1 Concurrence of majority necessary to impeach 1 Hypothecation by Minor— Special legislation prohibited 28 I. Idiots excluded from elective franchise 3 6 161 Immunities : From being twice put in jeopardy 9 From loss or damage to property 16 From imprisonment for debt 17 Soldiers not to be quartered in houses 31 Of members of legislature from arrest 16 Of electors from arrest on election day 5 Of militia from arrest at musters and election of officers 5 10 168 1 138 4 154 4 155 4 154 4 154 15 178 15 178 15 178 2 144 9 166 2 144 2 144 1 137 19 181 2 140 2 141 2 141 2 141 2 141 5 160 5 160 2 144 1 137 1 138 1 139 1 140 2 143 6 161 Art. Page. 5 160 5 160 5 160 5 160 5 160 5 160 4 154 4 155 1 139 4 157 4 157 4 157 2 144 12 172 12 174 12 173 INDEX TO CONSTITUTION. 247 Impeachment: Sec. House of representatives sole power of 1 Trial by senate 1 Chief justice presides when 1 Who liable to 2 Judgment to extend only to removal from office and disqualification 2 Party liable to prosecution at law 2 Imposts: Appellate jurisdiction of supreme court 4 Original jurisdiction of superior court 6 Imprisonment for debt not allowed, except 17 Incompetency in Office: Who may be removed for 9 Three-fourths of each house to concur 9 Rights of the accused 9 Indebtedness of Corporations: Cannot have relief by special acts 28 Liability of stockholders for 4 Stockholders of banking or insurance cempanies liable, etc 11 Fictitious increase of, to be void 6 No lease or alienation of franchise shall relieve corporation from 8 12 173 (See County, City and Township.) Indian Lands: Subject to jurisdiction of U. S 2 Taxation of 2 Exemption of 2 Indians not taxed to be excluded from enumeration of inhabitants 3 Indictment — Offenses may be prosecuted by 25 Individual Rights — Government to protect and maintain 1 Individual Security — Private affairs not to be distributed 7 Inferior Courts: Legislator to provide for 1 Appeal lies to superior court 6 Legislature to prescribe jurisdiction and power 12 Imformation — Offenses may be prosecuted by 25 Injunction may be issued and served, when 6 Insane Persons excluded from elective franchise 3 Insolvency: Appellate jurisdiction of supreme court 4 Original jurisdiction of superior court 6 Instruments cannot be validated by special acts 28 Insurance Companies — Liabilities of stockholders 11 InTEREST: Not to be regulated by special acts 28 Private interest in bill to be disclosed by legislator 30 On certain state debts must be provided for 3 Invasion: Suspension of habeas corpus 13 State may contract debts to repel 2 Irrigation — Use of water of state for, deemed a public use l J. Jeopardy — No person to be twice put in 9 l 137 Joint Stock Companies: Included in term corporations 5 Liability of stockholders in 11 Journal: Each house to keep 11 Yeas and nays to be entered on, when 21 Yeas and nays must be entered on, in passage of bill 22 Yeas and nays must be entered on, in passage of emergency clause 31 Yeas and nays must be called and entered on, in authorizing introduction of bill later than 10 days before close of session '. 36 Votes on election to be entered on 27 26 186 26 186 26 186 2 141 1 140 1 137 1 137 4 152 4 155 4 157 1 140 4 155 6 161 4 154 4 155 2 144 12 174 2 144 2 146 8 164 1 138 8 164 12 172 12 173 12 174 ■ > 142 2 144 2 144 2 146 2 147 2 144 248 INDEX TO CONSTITUTION. Journal — Continued. Sec. Votes on removal of judges to be entered on 9 Ayes and noes to be entered upon nomination of officers for state institu- tions 1 Ayes and noes on proposed amendments to constitution to be entered 1 Judgb Pro Tempore — Provision for, in superior court 7 Judges: May be removed for incompetency, etc 9 Rights of accused 9 Not to charge juries as to matters of fact 16 But declare the law 16 Not to practice law 19 Judges of Superior Court: Election of 5 Each judge to be invested with powers of all 5 Term of office 5 To begin when 5 May sit in any county 7 Judge pro tempore 7 Salaries of 13 Salaries of, when payable 14 To any other office 15 Ineligible unless admitted to practice in Washington 17 Not to practice law 19 To decide cause within 90 days from final submission of same 20 May appoint court commissioners 23 May establish rules for court 24 To report in writing to judges of supreme court defects and omissions in the laws , 25 To take oath in office 28 Judges of Supreme Court: Election of 3 Classification by lot 3 ' Chief justice, who to be 3 Term of office 3 May issue writs 4 Salaries of 13 Salaries of, when payable 14 Ineligible unless admitted to practice in Washington 17 To appoint a reporter 18 Not to practice law 19 To appoint a clerk 22 To report to governor defects and omissions in law 25 To take oath of office 28 Judgment: Of one judge of superior court to be of same force as to all 5 Of superior court to be given within ninety days from final submission. . . 20 Extent of, on impeachment 2 Judicial, Decisions: All decisions to be in writing, and grounds stated 2 Concurrence of majority of supreme court judges necessary 2 To be published 21 May be published by anyone 21 Judicial Officers: Absence, when a forfeiture of office 8 Not to receive any fees 13 To take oath of office 28 Liable to impeachment, except 2 Judicial Power is vested where 1 Judicial Question — Whether a use is a public use 16 Jurisdiction : Of supreme court 4 Of superior court 6 Of justice of the peace to be prescribed by legislature 10 And not trench upon jurisdiction of courts of record 10 rt. Page 4 157 13 177 23 184 4 156 4 157 4 157 4 158 4 158 4 159 4 154 4 154 4 154 4 154 4 156 4 156 4 157 4 158 4 158 4 158 4 159 4 159 4 159 4 159 4 159 4 160 4 153 4 153 4 153 4 153 4 154 4 157 4 158 4 158 4 158 4 159 4 159 4 159 4 160 4 154 4 159 5 160 4 154 4 154 4 159 4 159 4 156 4 157 4 160 5 160 4 152 1 138 4 154 4. 155 4 157 4 157 1 138 1 139 1 138 1 139 1 139 1 139 1 137 4 155 4 152 4 157 4 157 4 157 4 157 4 157 INDEX TO CONSTITUTION. 249 Juror: Sec. Art. Page. Not incompetent in consequence of religious opinion 11 Number necessary for verdict -1 Jury: To ascertain compensation for right-of-way 16 Number in • 21 Number necessary for verdict 21 Waiver of 21 Justice to be administered openly and without unnecessary delay 10 Justice Court —Appeal lies to superior court 6 Justice of the Peace: Invested with judicial power 1 Legislature to determine number 10 Legislature to prescribe duties 10 Salary of, provided by law 10 Fees prohibited 10 May be made police justice 10 L. Lands : Ownership of, by aliens, prohibited Of state, under grant from U. S., restrictions of sale of Lands of state for educational purposes, how to be sold Sale of school lands by county commissioners may be confirmed Restrictions on sale of, for educational purposes Timber and stone may be taken off state land, how Limit of granted land to be sold in one parcel Land of state in city to be platted before sale Limit of sale Of U. S. not to be taxed Of non-residents, how taxed Law of Land— U. S. constitution is the Laws: Bills of attainder and ex jmst facto, prohibited Enacting clause No, except by bill When to take effect Must be presented to the governor for approval How passed over governor's veto How to become a, without approval Defects and omissions in, to be reported to governor, how Object of tax must be stated in State debt for some single work must provide for payment of interest and principal Necessary to have a majority of votes To be published Relating to corporations may be altered, amended or repealed Of territory to remain in force until altered or repealed Proviso as to tide lands Lease: Of franchise not to relieve corporations from liability Of rights to build and maintain wharves, power of legislature Limit of term Legislature: No power to grant irrevocable privilege or franchise To make provisions for jury To consist of Number of members To provide for enumeration of inhabitants, when To re-apportion members of each house after census Who eligible to Each house to judge of election of its members Majority to constitute a quorum Each house to determine rules of proceedings And to punish for contempt 33 2 146 1 16 179 o 16 179 ■> 16 179 3 16 180 3 16 180 4 16 180 4 16 180 4 16 180 2 26 186 2 26 186 2 1 137 23 1 139 18 2 143 18 2 143 31 2 146 12 3 149 12 3 149 12 3 149 25 4 159 5 7 163 3 8 164 3 8 164 3 8 164 1 12 172 2 27 187 2 27 187 8 12 173 o 15 179 2 15 179 8 ] 137 21 1 139 1 2 140 2 2 141 3 ■1 141 3 2 111 7 2 142 8 ■1 11J 8 2 142 9 2 14'J 9 2 142 250 INDEX TO CONSTITUTION. Legislature— Continued. Sec. Art. Page. Two-thirds required to expel a member 9 2 142 Each house to elect its own officers 10 2 142 Each house to keep and publish a journal 11 2 142 Sessions to be open 11 2 142 Restrictions on power to adjourn 11 2 142 Sessions to meet, when 12 2 142 Sessions to be biennial 12 2 142 Members, from what civil offices excluded 13 2 143 Officers not eligible to 14 2 143 Acceptance of office under U. S. to vacate seat in 14 2 143 Vacancies, how filled 15 2 143 Members privileged from arrest, except 16 2 143 Members not subject to civil process, when 16 2 143 Members not liable for words spoken in debate IV 2 143 Compensation and mileage to members 23 2 144 Not to authorize any lotteries or grant any divorce 24 2 144 Extra compensation for past services prohibited 25 2 144 To direct how and where suits against state be brought 26 2 144 Vote on elections to be vive voce 27 2 144 Private or special laws prohibited 28 2 144 To provide for convict labor 29 2 145 Bribery of members, how punished 30 2 146 Members to declare private interests in bill and not to vote 30 2 146 Presiding officer of each house to sign bill 32 2 146 To establish a bureau of statistics, etc 34 2 147 To pass laws for protection of employes in mines and factories 35 147 To pass laws prohibiting the use of passes 39 2 147 To decide contested elections of state officers 4 3 148 May be specially convened by Governor 7 3 149 Secretary of State to keep records of 17 3 151 May abolish certai n offices 25 3 152 May increase number of judges of Supreme Court 2 4 152 To provide for separate departments 2 4 152 May remove judge, attorney general, etc., for incompetency, etc., 9 4 157 Three-fourths of the members of each house to concur 9 4 157 To determine number of justices of the peace 10 4 157 And to prescribe powers and duties 10 4 157 May make any courts, courts of record, except 11 4 157 May prescribe powers of inferior courts 12 4 157 May increase salaries of judges 14 4 158 To provide for publication of opinions of judges of Supreme Court 21 4 159 May provide for election of clerk of Supreme Court 22 4 159 May provide that there be no denial of franchise at school elections on account of sex 2 6 161 To provide for securing absolute secrecy to electors in voting 6 6 161 To enact a registration law 7 6 162 To require compliance with law as a prerequisite to vote 7 6 162 But not compulsory, when 7 6 162 To provide for annual tax for expenses of each year 1 7 162 To provide for tax to pay state debt 1 162 To provide uniform and equal rate for taxation 2 7 162 To insure just valuation of property 2 162 To provide general law for taxation of corporate property 3 7 163 To provide for account of receipts and expenditures 7 7 163 To provide for levying tax to meet deficiencies and expenses 8 7 163 May vest municipal corporations with power to make local improvements. 9 7 163 To provide system of public schools 2 9 166 May provide for enlarging of common school fund 3 9 166 To provide for the organization and discipline of militia 3 10 167 To provide for maintenance of soldier's home 3 10 168 To provide for protection and safe keeping of the public arms 4 10 168 To establish system of county government 4 11 169 To provide by general laws for township organization 4 11 169 INDEX TO CONSTITUTION. 251 Legislature— Continued. Sec. Art. Page. To provide for election of county officers 5 11 169 And township, precinct and district officers 5 11 169 To prescribe their duties and fix their term of office 5 11 169 To regulate their compensation ; 5 11 169 To provide for their strict accountability 5 11 169 To fix salaries of all county officers and certain constables 8 11 170 To provide, by general laws, for incorporation of cities 10 11 170 May take property and franchises of corporations for public use 10 12 173 To establish maximum rates for freight and passengers 18 12 175 To prevent discrimination in rates 18 12 175 May establish a railroad and transportation commission 18 12 175 To prevent grants of free passes to public officers 20 12 176 To provide penalties for punishment of combinations affecting the price, production and transportation of commodities 22 12 176 May declare forfeiture of property and franchise 22 12 176 To provide for choice of location for seat of government 1 14 177 To appoint a commission to establish harbor lines 1 15 178 To provide for the leasing of right to build and maintain wharves 2 15 179 Restrictions on power 2 15 179 To confirm sale of school and university lands made by county commis- sioners 2 16 179 To protect homesteads from forced sale 1 19 181 To establish state board of health and bureau of vital statistics 1 20 181 To regulate practice of medicine and surgery 2 20 181 To regulate sale of drugs and medicine 2 20 181 May agree upon a convention to revise or amend constitution 2 23 184 To provide for election and fix term of officers not provided for in consti- tion 11 27 191 To divide state into congressional districts, when 13 27 191 To appropriate for expenses of constitutional conventions 19 27 193 Liabilities cannot be extinguished by special legislation 28 2 144 Libert y— Not to be deprived of without due process of law 3 1 137 Lieutenant-Governor : When absent who to preside 10 2 142 To have deciding vote, when 10 2 142 When and by whom elected 1 3 148 Term of office 3 3 148 When to act as governor 10 3 149 To be president of senate 16 3 151 Salary of 16 3 151 Office may be abolished by legislature 25 3 152 Life, Liberty and Property— Not to be deprived of, without due process of law 3 1 137 Limitation op Action— Special legislation prohibited 28 2 144 Local Ofbucers eligible to legislature, when 14 2 143 Lotteries prohibited 24 2 144 M. Majority : Of each house necessary to constitute a quorum 8 2 144 Necessary to pass bill 22 2 144 Special act cannot declare person of age 28 2 144 Of judges of supreme court necessary to form quorum and pronounce a decision 2 4 152 Necessary for impeachment 1 5 160 Matj i; \s a.nce in Office— (See Corruption in Office.) Mandamus : Original and appellate jurisdiction of supreme court 4 4 154 Original jurisdiction of superior court 6 4 155 Mandatory— Provisions of this constitution 29 1 140 Manufacturing Purposes— Uses of waters of state for, deemed a public use 1 21 181 Medicine : Legislature to regulate sale of 2 20 181 Legislature to regulate the practice of 2 20 181 252 INDEX TO CONSTITUTION. Sec. Mileage of legislators 23 Military to be subordinate to civil power 18 Militia : Officer eligible to legislature , when 14 Governor to be commander in chief 8 Who liable to military duty 1 Who exempt 1 Persons having religious scruples exempt, when 6 Organization and discipline of 2 Privileged from arrest, when 5 Persons having conscientious scruples against bearing arms to pay for exemption 6 Mines— Legislature to pass laws to protect employes in 35 Mining Purposes— Uses of waters of state for, deemed a public use 1 Minors— Sale of property by special acts prohibited 28 Monet : How and when paid out of the treasury 4 Using or making profit by official a felony 14 In hands of municipal officers to be paid into the treasury 15 Corporations not to issue anything but lawful money of the U. S 11 Monopolies : Prohibited 22 Adequate penalties to be provided 22 Forfeiture of franchise and property may be declared 22 Municipal Corporations : Power to make local improvements by special taxation 9 Power to assess and levy taxes 9 Legislature may confer power to levy taxes for certain purposes 12 Power to contract debts 6 Limit of power 6 Not to give or loan its credit 7 May organize under general laws 10 And be subject to such laws 10 Private property not to be taken for debt of 13 Use of money by an official a felony 14 Money to be deposited with treasurer 15 Power to extend streets over tide lands 3 Municipal Fine : Appellate jurisdiction of supreme court 4 Original jurisdiction of superior court 6 N. Nam es— Change of, by special legislation prohibited 28 Naturalization— Power of, vested in superior court 6 Navigable Waters : Legislature to establish a commission to locate harbor lines in 1 State asserts ownership of beds and shores of 1 New County— Restriction of formation of 3 Non-Residents— Taxation of lands of 2 Normal Schools may be established 2 Nuisances : Appellate jurisdiction of supreme court 4 Original jurisdiction of superior court 6 o. Oaths to be such as may be most consistent with and binding upon the con- science Oath of Office— Judicial officers to take Obligation of contracts not to be impaired , Offenses : No person to be twice put in jeopardy for 9 Right of trial by jury for 21 Art. Page. 2 144 1 139 2 143 3 149 10 167 10 167 10 168 10 167 10 168 10 168 2 147 21 181 2 144 8 164 11 172 11 172 12 174 12 176 12 176 12 176 7 163 7 163 11 171 8 165 8 165 8 165 11 170 11 170 11 172 11 172 11 172 15 179 4 154 4 155 2 144 4 155 15 178 17 180 11 164 26 186 9 166 4 154 4 155 6 1 137 28 4 160 23 1 139 9 1 137 21 1 139 INDEX TO CONSTITUTION. 253 Offenses — Continued : Sec. Right of party accused 22 To be prosecuted by information or indictment 25 Impeachment of public officers 2 Existing, to be prosecuted in name of state 5 Office : No religious qualification for 11 Disqualification of legislators for certain civil offices 13 Who ineligible for legislature 14 Acceptance of, under U. S. to vacate seat in legislature 14 But certain officers are exempt 14 Disqualification for bribery 30 Vacancy, when filled by Governor 13 Legislature may abolish certain offices 25 Of judge of supreme and superior court open only to whom 17 Officers : Not to be allowed extra compen sation 25 Of militia may be members of legislature 14 Local, may be members of legislature 14 Bribery of, how punished 30 Legislature may abolish certain offices 25 Liable to impeachment 2 Not liable to impeachment may be removed by law 3 Of militia elected or appointed, how 2 Of county, district, town, etc., how elected 5 Who may or may not be salaried 8 Guilty of felony, when 14 Not to accept passes 20 Of state institutions to be appointed by Governor with advice and consent of senate 1 Of territory and U. S. to hold office until superseded by state officers — 6 Time of election under this constitution 7 Legislature to provide for election of officers not provided for by consti- tution , ' 11 27 191 (See Term of Office, Salaries.) Official Acts cannot be made valid by special act 28 Omissions in the Law to be reported to Governor 25 Opinions of Supreme Court : To be published 21 Free for publication by any person 21 Ownership of Land— Right of aliens 33 P. Pardoning Power : Vested in Governor, subject to 9 Governor to report to legislature number of pardons granted 11 Pass : Use of by public officer prohibited 39 Grant of, by railroads to public officers and legislators, prohibited, 20 Passenger Tariff : To be regulated by legislature 18 Abuses and extortions to be prevented 18 Penaltiks : Cannot be remitted by special legislation 28 Accrued to territory to inure to state 3 Incurred unaffected by change in form of government 5 Peoi'i.i, : Political power inherent in 1 Rights retained by 30 Right of petition and of peaceable assemblage 4 Right to security 7 Public lands to be held by state in trust for ' 1 Personal Property— Appellate jurisdiction of supreme court when amount is over $200 4 1 164 Art. Page. 1 139 1 140 5 160 27 188 1 138 2 143 2 143 2 143 o 143 2 146 3 1.50 3 152 4 158 2 144 2 143 2 143 2 146 3 152 5 160 5 160 10 167 11 169 11 170 11 172 12 176 13 177 27 188 27 189 2 144 4 159 4 159 4 159 2 146 3 149 3 149 2 147 12 176 12 175 12 175 2 144 27 187 27 188 1 137 1 140 1 137 1 137 16 179 254 INDEX TO CONSTITUTION. Sec. Art. Page. Persons Convicted of Infamous Crimes excluded from elective franchise. 3 6 161 Petition— Right of, not to be abridged 4 1 137 Police Justice— Justice of the peace may be made 10 4 157 Police Regulations— County, city, etc. , may enforce 11 11 171 Political Power inherent in people 1 1 137 Postmaster may be eligible to legislature, when 14 2 143 Powers of Government : Legislative, where vested 1 140 Executive, where vested 1 3 148 Judicial, where vested 1 4 152 Pardoning power, where vested 9 3 149 Precinct Officers : Legislature to provide for election of 5 11 169 To prescribe duties of, etc 5 11 169 County commissioners to fill vacancies in office 6 11 169 Term of office of present officers 14 27 191 President of Senate : \ "Who is 16 3 151 Temporary 10 2 142 Press— Liberty of, secured 5 1 137 Private Legislation on certain matters prohibited 28 2 144 Privilege : Not to be granted irrevocably 8 1 137 Of members of legislature from arrest 16 2 143 Of electors from arrest 5 6 161 Of militia from arrest 5 1° i68 Privileges and Immunities— Equal, to all citizens and corporations (see Immunities) • I 2 1 138 Probate Court : Merger of, in superior court to take place, when 10 27 190 Judge to perform duties until term of office expires 10 27 190 Probate Matters : Appellate jurisdiction in supreme court 4 4 154 Original jurisdiction in superior court 6 4 155 Appellate jurisdiction in superior court 10 27 190 Process: Privilege of members of legislature from 16 2 143 Of superior court to extend to all parts of state 6 4 155 Styleof 27 4 160 Of state court may be served on lands of U. S 25 185 Issued under authority of territory to be valid 1 27 187 Proclamation of President of U. S.— Constitution to go into effect upon. 16 27 192 Prohibition : Appellate and revisory jurisdiction of supreme court 4 4 154 Original jurisdiction of superior court 6 4 155 Writs may be issued and served when 6 4 155 Separate articles rejected 1' 27 192 Property : Persons not to be deprived of, without due process of law 3 1 137 Not to be taken for private use, except 16 1 138 Not to be taken without just compensation 16 1 138 To be taxed in proportion to its value 1 7 162 Not to be taken to pay corporate debt 13 11 172 Of every kind belonging to the territory to vest in the state 4 27 188 Prosecuting Attorney : May be removed for incompetency or corruption in office 9 4 157 Right of accused 9 4 157 Legislature to provide for electing 5 11 169 (See County Officers.) Prosecutions : To be conducted in name of state 5 27 188 Not affected by change in form of government 5 27 188 Public Administrator— May or may not be salaried officer 8 11 170 Art. Page. 10 168 11 172 16 179 16 179 26 186 '26 186 1 138 7 163 1 138 9 166 9 166 9 167 26 187 26 187 1 138 1 138 1 138 INDEX TO CONSTITUTION. 255 See. Public Arms— Legislature to provide for protection and safe keeping of 4 Public Debts— Private property not to be taken for payment of 13 Public Lands: Granted to state to be held in trust for people 1 Not to be disposed of except for full market value 1 State disclaims all title to unappropriated 2 Unappropriated to be subject to control of U. S 2 Public Money: Not to be appropriated for religious worship 11 Statement of receipts and expenditures to be published 7 Public Safety may require suspension of habeas corpus 13 Public Schools: Legislature to provide a system of 2 System to include what 2 To be free from sectarian control 4 Shall be free from sectarian control and open to all children 4 To be established and maintained by state 4 Public Use: Property not to be taken for, without compensation 16 A judicial question 16 Punishment— Cruel, Not to be inflicted 14 Q. Qualification: Religious, not to be required for public office 11 Of members of legislature 7 Each house to judge of 8 Of state officers 25 Of electors 1 Quorum : Majority of each house shall constitute 8 Less may adjourn and compel attendance 8 Majority of judges of supreme court necessary to form 2 Quo Warranto: Jurisdiction of supreme court 4 Jurisdiction of superior court 6 R. Race, Color, Sex— No discrimination in education on account of 1 Railroad and Transportation Commission— Legislat are may establish. . 18 Railroad Companies: Are common carriers 13 Subject to legislative control 13 May connect at state line with foreign railroads 13 May intersect, cross or connect with other railroads 13 And when of same gauge shall form proper connection for transfer of cars, 13 Delay and discrimination prohibited 13 Not to combine to share earnings 14 Discrimination between places or persons prohibited 15 Charges to any station not to exceed those to a more distant station 15 Excursion and commutation tickets 15 Consolidation with competing line prohibited 16 Rolling stock to be personal property 17 Liable to taxation and execution and sale 17 Maximum rates for transportation of freight and passengers to be estab- lished by legislature 18 To allow telegraph and telephone companies to construct lines on their right-of-way 19 Discrimination in rates and privileges to any telegraph or telephone com- pany prohibited 19 Prohibited from granting free passes or selling tickets at a discount to any public officer 20 1 138 2 142 2 112 3 152 6 161 2 142 2 142 4 152 4 154 4 155 9 166 12 175 12 174 12 174 12 174 12 174 12 174 12 174 12 175 12 175 12 175 12 175 12 175 12 175 12 175 12 175 12 175 12 175 12 176 256 INDEX TO CONSTITUTION. Railroad Companies— Continued. Sec. Art. Page. To allow equal terms of transportation to all express companies 21 12 176 Discrimination of rates and privileges prohibited 21 12 176 (See Common Carriers.) Real Property: Appellate jurisdiction of supreme court 6 Original jurisdiction of superior court 6 Rebellion or Invasion— Suspension of habeas corpus 13 Receipts and Expenditures— Account of, to be published 7 Recognizance : To remain valid and unaffected upon change in form of government 4 And to pass to state 4 Records: Of state officers to be kept at seat of government Of district court to be transferred to superior court 8 Registration Law: To be enacted by legislature 7 Elector not to vote until complied with 7 Not compulsory, when 7 Release of Debt or Obligation— Special legislation prohibited 28 Religion: Freedom of conscience in matters of. guaranteed 11 No one to be molested on account of 11 No person to be incompetent as witness or juror on account of 11 Perfect toleration in, secured 1 Religious Worship: No public money to be apropriated for 11 Mode of, not to be interfered with '. 1 Removal from Office: Of Governor, who to act 10 On Impeachment 2 Representatives : Number of 2 To be reapportioned after each census 32 Members, when and how chosen 4 Members of, when and how chosen after first election 5 Term of office 4 Members elected after first election, terms of 5 Qualifications of 7 To be privileged from arrest 16 Compensation and mileage 23 Not to receive pass 39 Apportionment of 2 To congress of U. S. from state at large, when and how to be elected 13 Vote for such representative at first election to be according to territorial law 13 Reprieve— To be reported by Governor to the legislature 11 Reporter of Supreme Court: To be appointed by judges 18 Salary to be prescribed by law 18 Residence: Of certain state officers, where 24 3 152 Absence of citizen in public service, or at certain institutions not to affect residence 4 Revenue — State may contract debts to meet casual deficits or failure in 1 Revenue and Taxation: Property to be taxed in proportion to its value 1 Uniform and equal rate of 2 Deduction of debts from credits allowed 2 Power to tax corporations never to be suspended or surrendered (see Tax, Taxation) 4 7 163 Review, Writ of: Appellate and revisory jurisdiction of supreme court 4 4 154 Original jurisdiction of superior court 6 4 155 4 155 4 155 1 138 7 163 27 188 27 188 24 184 27 189 6 162 6 162 6 162 2 144 1 138 1 138 1 138 26 186 1 138 26 186 3 149 5 160 2 141 2 146 2 141 2 141 2 141 2 141 2 142 2 143 2 144 2 147 22 183 27 191 27 191 3 149 4 158 4 158 6 161 8 164 7 162 7 162 7 162 Art. Page. 23 184 23 184 23 184 1 137 1 138 1 137 1 140 1 140 1 140 27 187 11 169 2 142 4 159 INDEX TO CONSTITUTION. 257 Revision of Constitution : Sec. Two-thirds of each house necessary to recommend 2 Vote for, how provided for 2 Convention to consist of 2 Right of Petition not to he abridged 4 Right-of- Way— Appropriation of 16 Right to Assemble not to be abridged 4 Right to Bear Arms : Not to be impaired 24 Meaning constructed 24 Rights : Enumerated, not to deny others retained 30 Existing, not to be affected by change in form of government 1 Road District Officers— County commissioners to fill vacancies in office. . . 6 Rolling Stock— (See Railroad Companies.) Rules : Of proceedings, each house to determine 9 Of superior court, judges to establish 24 S. Sailors to be excluded from enumeration of inhabitants 3 2 141 Salaries : Of officers not to be changed during term 25 Of Governor 14 Of other state officers 16-23 Of judges of supreme court 13 How payable to judges of supreme and superior courts 14 Not to be increased during term of office 13 To be paid by state 13 Of judges of superior court 13 How and when payable 14 Half to be paid by state and half by counties 13 Or apportioned by counties 13 Of supreme court reporter to be prescribed by law 18 Of county, etc. , officers, legislature to fix 8 Of certain constables 8 Sanitary Regulations— County, city and town may enforce 11 School District — Power to contract debts (see County, City and Township) 6 School Elections— Elective franchise not denied at, on account of sex 2 School Funds : Apportionment of, by special acts prohibited 28 To be applied exclusively to common schools 2 School Lands— (See Lands, Public.) Schools— (See Public Schools.) Seal : Of state to be kept by Secretary of State 18 Description of Of territorial courts, municipal and county officers to be seals under state 9 Seat of Government : location of, how determined 1 Votes of majority of electors necessary to locate 1 If no choice at first election, provisions for determining location 1 Temporary location to be where 1 Two-thirds vote of electors necessary to change location 2 Form of ballot for location of 18 Secrecy to be secured in voting 6 ,si;< hktary of State: Whon and by whom elected 1 Term of office 3 To act as Governor, when 10 To attest commissions 15 Duties of 17 Shall keep office at capital of state 24 Salary of 17 2 144 2 143 3 151 4 157 4 158 4 157 4 157 4 157 4 158 4 157 4 157 4 158 11 170 11 170 11 171 8 165 6 161 2 144 9 166 3 151 18 181 27 190 14 177 14 177 14 177 14 177 11 178 27 192 6 161 3 148 3 148 3 149 3 150 3 151 3 152 3 151 258 INDEX TO CONSTITUTION. Sec. Art. Page. Sectarian Control— Public schools to be forever free from 4 26 187 Security: Of person in private affairs and at home 7 Of individual rights, what is essential to 32 Senate: Legislative powers vested in 1 Number of members 2 To be re-apportioned after each census 3 To try all impeachments 1 Senatorial Districts: To be of convenient and contiguous territory 6 No representative district to be divided in formation of 6 To be numbered consecutively 6 Number of 1 Number and constitution of each district 1 Senators: Number of 2 When and how chosen 6 Term of office 6 Allotment of 6 Trials of impeachment by 1 To be under oath of affirmation 1 Two-thirds of, necessary for conviction 1 Separate Articles: Submitted to people for adoption or rejection 17 Woman sufrage [rejected] 17 Prohibition [rejected] 17 Form of ballot 18 Sessions: Of each house to be open 11 Of legislature to be biennial 12 But legislature may change times of meeting 12 Length of 12 Of supreme court to be at seat of government 3 Of superior court 5 sewers — Right of city to contract debts for 6 Sex: No denial of elective franchise at school elections on account of 2 No distinction in educational provisions on account of 1 Sheriffs : Legislature to provide for election of 5 Prescribe duties, to fix term and salary 5 To provide for strict accountability of 5 Soldiers: Not to be quartered in time of peace 31 To be excluded from enumeration of inhabitants 3 Soldiers' Home— Legislature to provide for maintenance of 3 Special Legislation on certain matters, prohibited 28 Special Privileges —When void 2 Speech — Liberty of guaranteed s State: Suits against, how and when brought , 26 Not to surrender power to tax corporations 4 Power of state to contract debts 1-3 Limit of power 1 Power to contract certain debts may be conferred at general election — 3 Money to be applied, how 1 Not to loan its credit 5 To make provision for education of all children 1 Not to subscribe for stock of corporations 9 To support state institutions 1 Restrictions in selling land or rights in harbors 1 To hold public lands in trust for people 1 1 137 1 140 2 140 2 141 2 141 5 160 2 141 2 141 2 141 22 181 22 181 2 141 2 141 2 141 2 141 5 160 5 160 5 160 27 ' 192 27 192 27 192 27 192 2 142 2 142 2 142 2 142 4 153 4 154 8 165 6 161 9 166 11 169 11 169 11 169 1 140 2 141 10 168 2 144 12 172 1 137 2 144 7 163 & 164 8 164 8 164 8 164 8 165 9 166 12 173 13 177 15 178 16 179 rt. Page, 16 180 17 180 17 181 25 185 25 185 26 186 25 185 26 186 26 186 26 187 26 187 27 187 27 188 27 188 20 181 7 162 8 164 8 164 8 164 8 164 8 164 8 164 8 164 9 167 13 177 13 177 13 177 INDEX TO CONSTITUTION. 259 State— Continued: Sec. May sell timber and stone off any state lands, how 3 Asserts ownership of hed and shores of navigable waters 1 Disclaims title in tide lands patented by U. S 2 Consents to exclusive legislation of U. S. over certain lands 1 On certain conditions 1 Compact with U. S Disclaims all title to unappropriated public lands or Indian lands 1 Not precluded from taxing lands of Indians who hold by grant 2 Except land exempted by act of congress 2 Assumes debts and liabilities of territory 3 Agrees to establish free public schools 4 Debts fines, etc. , accrued to territory to pass to state 3 All property of territory to pass to 4 Criminal prosecutions to continue in name of 5 State Board of Health — Legislature to establish 1 State Indebtedness: Provisions for paying annual expenses and state debt 1 State may contract debts to meet casual deficits in revenue 1 Limits to aggregate debt 1 May be increased by state to repel invasion 2 Or for single work or object 3 Law to provide for such object to be submitted to people 3 Majority of votes necessary.. 3 And law to be published 3 State to assume losses to common school funds 5 State Institutions and Public Buildings: To be supported by state 1 Officers to be appointed by Governor 1 With advice and consent of senate 1 State Lands — (See Lands, State Lands.) Statement of Receipts and Expenditure to be published annually 7 7 163 State Officers: Term of office 3 Election of. how declared 4 Contested elections of, to be decided by legislature 4 Term of, to begin when 4 To furnish information in writing to Governor 5 State officers to keep records, where 24 Salaries of 14-23 Residence of certain 24 Qualification for office 25 Compensation not to be increased or diminished during term. 25 Legislature may abolish offices of certain 25 Liable to impeachment 2 Time of election 8 State School Tax revenue to be applied exclusively to common schools ... 2 Statutes — Enacted clause of 18 Stockholders: Liability of 4 As parties defendant in suit 4 Liability of, in banking, insurance and joint stock companies 11 Stock of corporations: Not to be owned by county, city, etc 7 Not to be issued except to bona fide subscribers 6 Or assignees 6 Not to be increased except by general law 6 Consent of whom necessary to increase 6 Notice of increase to be given 6 Ficticious increase to be void 6 Streets and Roads: Private and special laws prohibited 28 Exceptions 28 Municipal corporations may extend over tide lands, etc 3 3 148 3 148 3 148 3 148 3 148 3 152 3 148 Q O 152 3 152 3 152 3 152 5 160 6 162 9 166 2 143 12 172 12 172 12 174 8 165 12 173 12 173 12 173 12 173 12 173 12 173 2 144 2 144 15 179 260 INDEX TO CONSTITUTION. Sec. Student— Absence from state not to affect the right to vote 4 Suffrage: Right of, shall be free, equal and undisturbed 19 Right to, who entitled 1 Who not entitled 1 Suits Against State— Legislature to direct how and when to be brought. . . 26 Superintendent of Public Instruction: When and by whom elected 1 Term of office 3 Duties of 22 Shall keep records at capital of state 24 Salary of 22 Superior Court: Judge of, to order grand jury to be drawn 26 Vested with judicial power 1 In each organized county 5 With at least one judge for each county 5 How elected 5 Assignment of counties to a judge 5 Number of sessions in each county 5 Business of, how to be distributed 5 Each judge to.be invested with the powers of all 5 Governor to fill vacancies 5 Jurisdiction of 6 Power to naturalize 6 Appellate jurisdiction in justice and inferior court 6 Always to be open except on non-judicial days 6 May issue writs 6 Process to extend to all parts of state 6 Judges may sit in any county 7 Judge pro tempore 7 To be a court of record 11 Judge to decide cause within ninety days after final submission 20 Judge may appoint court commissioners 23 Judges to establish rules for government of 24 Judges to report in writing defects, etc., in the laws to judges of supreme court 25 Clerk of, to be county clerk 26 To assume jurisdiction of pending causes, and to take court records, when, 8 To assume jurisdiction of probate matters, when 10 To have appellate jurisdiction over probate court until it expires 10 Provision for contested [first] election of iudges 12 Supreme Court: Invested with judicial power 1 To consist of five judges 2 Majority required to form a quorum 2 And to pronounce a decision 2 Always to be open except on non-judicial days 2 Decision in all cases to be in writing 2 Grounds to be stated 2 Number of judges may be increased 2 Legislature may provide separate departments 2 Judges, election of •.• 3 First election, when 3 Classification by lot of judges first elected. 3 Seats to be vacated every two years 3 Chief justice, who to be 3 Governor to fill vacancies in office 3 Sessions to be held, when 3 Jurisdiction of 4 Court of record H Judges to appoint reporter 18 Judges to appoint clerk of the court 22 Art. Page. 6 161 1 139 6 161 6 161 2 144 3 148 3 148 3 152 3 148 4 152 1 142 4 150 4 154 4 154 4 154 4 154 4 154 4 154 4 154 4 154 4 155 4 155 4 155 4 155 4 155 4 155 4 156 4 156 4 157 4 159 4 159 4 159 4 159 4 160 27 189 27 190 27 190 27 191 4 152 4 152 4 152 4 152 4 152 4 152 4 152 4 152 4 152 4 153 4 153 4 153 4 153 4 153 4 153 4 153 4 154 4 157 4 158 4 159 INDEX TO CONSTITUTION. 261 Supreme Court — Continued. Sec. Art. Page. Judges to report in writing defects and omissions in the laws to the governor 25 4 159 To assume jurisdiction of pending causes and to take court papers, when. 8 27 189 Supreme Law — U. S. constitution 2 l 137 Surveyors may or may not be salaried officers. .. 8 11 170 T. Tax: Assessment or collection of, by special act prohibited 28 2 144 Extending time for collection by special act prohibited 28 2 144 Appellate jurisdiction of supreme court 4 4 154 Original jusisdiction of superior court 6 4 155 All property subject to 1 7 162 Annual tax for expenses of state 1 7 162 Annual tax to pay state debt 1 7 162 Not to be levied except in pursuance of law , 5 7 163 Levied for state purposes to be paid into the treasury 6 7 163 To meet deficiency in expenditure legislature may levy 8 7 163 By municipal corporations to be uniform 9 7 163 Taxation : Legislature to provide uniform and equal rates of 2 7 162 Deduction of debts from credit authorized 2 7 162 What property exempt from 2 7 162 Of corporate property by same methods as of individuals 3 7 163 Power to tax corporation not to be surrendered by state 4 7 163 Municipal corporation vested with power of 9 7 163 Lands of U. S. exempt from 2 26 186 Rolling stock of railroads subject to 17 12 175 Of lands of non-residents 2 26 186 Of certain Indian lands 2 26 186 Exemption of certain Indian lands from 2 26 186 State may tax lands of Indians held under patent or grant 2 26 186 Unless exempt by act of congress 2 26 186 Technical Schools may be established 2 9 166 Telegraph and Telephone Companies: Any one authorized to construct lines in this state 19 12 175 Delay and discrimination in receiving and sending messages prohibited.. 19 12 175 Declared to be common carrier 19 12 175 Subject to legislative control 19 12 175 Right to construct lines along railroad 19 12 175 No discrimination by railroads in rates or privileges 19 12 175 Right of eminent domain extended to 19 12 175 Term of Office: Of representatives 4 2 141 Of senators 6 2 141 Of governor 2 3 148 Of lieutenant governor 3 3 148 Of other state officers 3 3 148 When to begin 4 3 148 Of judges of supreme court 3 4 153 Of judges of superior court 5 4 154 Of county, district, township and precinct officers 5 11 169 Of those in office at time state government is organized 14 27 191 Officers not provided for in constitution, legislature to regulate 11 27 191 Of all officers elected at first election under constitution, when to begin. . 16 27 192 Territory \ State assumes debts of 3 26 187 Process issued under authority of, to be valid 1 27 187 Change of form of government not to affect rights, actions, etc 1 27 187 Laws of, to remain in force until when 2 27 187 Accrued debts, fines a nd penalties to inure to the state 3 27 187 All property of, to vest in state 4 27 188 Officers of, to hold office until superseded by state officers 6 27 188 Courts of, to continue until when , 8 27 189 \rt. Page. 1 137 1 138 1 140 2 146 15 179 17 180 17 180 17 181 27 187 262 INDEX TO CONSTITUTION. Testimony : sec. No person to be compelled to testify against himself 9 Weight of, not to be affected on account of religious belief 11 Necessary to conviction of treason 27 On prosecution for bribery 30 Tide Lands: Municipal corporations may extend streets over 3 State asserts ownership to 1 Vested rights may be asserted in courts of state 1 State disclaims title to lands patented by U. S 2 Grants of, not validated 2 Tide Waters— (See Harbors.) Timber and Stone may be sold off state lands, how 3 16 180 Toll : Appellate jurisdiction of supreme court 4 Original jurisdiction of superior court 6 Town: Amendment of charter by special legislation, prohibited 28 May organize under general laws 10 (See City, County and Township.) Township Officers: Legislators to provide for 5 To prescribe duties, fix term and compensation 5 County commissioners to fill vacancies in 6 Township Organization : Legislature to provide for 4 County may adopt 4 Majority vote necessary for adoption of 4 Transportation Companies are common carriers (see Railroad Companies) 13 Treason : What constitutes 27 Evidence necessary to convict for 27 Treasurer: Of state, when and by whom elected 1 Term of office 3 Duties of 19 Shall keep records at capital of state 24 Salary of 19 Must reside where 24 When ineligible 25 Of county, legislature to provide for election of ( see County Officers ) — 5 Treasury — Money paid out of, how and when 4 Trial by Jury: Right of, to be inviolate 21 Jury to consist of 21 Number necessary for verdict 21 Jury may be waived 21 Trusts : Prohibited 22 Under penalties to be provided 22 Legislature may declare forfeiture of property and franchise 22 u. United States: Acceptance of office under, vacates seats in legislature 14 Consent of, necessary to enable state to dispose of certain lands 1 Compact of state with Title to unappropriated lands to be in 2 Taxation of lands of 2 Officers of, to hold office until superseded by state officers 6 University Lands— ( See Lands, Public Lands.) 4 154 4 155 2 144 11 170 11 169 11 169 11 169 11 169 11 169 11 169 12 174 1 140 1 140 3 148 3 148 3 151 3 152 3 151 3 152 3 152 11 169 8 164 1 139 J 139 1 139 1 139 12 176 12 176 12 176 2 143 16 179 26 186 26 186 26 186 27 188 INDEX TO CONSTITUTION. 203 V. Vacancy : Sec. In legislature filled by Governor 15 In office, when filled by Governor 13 In office of judge of supreme court filled by Governor 3 In office of judge of superior court filled by Governor 5 In county, township, etc., offices to be filled by county commissioners — 6 Validating Acts of deeds, wills, etc., by special acts prohibited 28 Validity of Statute— Appellate jurisdiction of supreme court 4 Verdict in civil cases, number of jurors. . ". 21 Veto : Governor to have power to 12 Two- thirds of Legislature may pass bill over 12 Village— (See Town.) Vote : In elections by legislatures to be viva voce 27 And entered on the journal 27 Qualification necessary to 1 Who entitled to 1 Who not entitled to 1 At school elections, who entitled to 2 Who excluded from right to 3 Residence of certain persons not to affect right to 4 To be by ballot 6 Prerequisite to the right to 7 For representation to congress, how determined 13 At first election to be according to territorial laws 15 Voters : Qualification of i 1 Privileged from arrest on election day, except , 5 Absence of certain persons not to affect rights to 4 w. Water and Water Rights : Power of city to contract debts for 6 Restrictions on state in selling water rights 1 Appropriation for irrigation, etc . , declared a public use 1 Wharfage : Legislature to provide for leasing by general laws 2 Limit of term 2 Wills cannot be validated by special acts 28 Witness : Not to be compelled to testify against himself 9 Not incompetent in consequence of religious opinion 11 Concurrence necessary in treason 27 Woman Suffrage— Separate article [rejected] 17 Writs : Jurisdiction of supreme court 4 Jusisdiction of superior court 6 Y. Yeas and Nays to be entered on journal, when 21 To be taken on final passage of bill 22 In case of emergency for passage of bill 31 To be taken on vote to consider bill not introduced in time 36 Art. Page. 2 143 3 150 4 153 4 154 11 169 2 144 4 154 1 139 3 149 3 149 2 144 2 144 6 161 6 161 6 161 6 161 6 161 6 161 6 161 6 162 27 191 27 191 6 161 6 161 6 161 8 165 15 178 21 181 15 179 15 179 2 144 1 137 1 138 1 140 27 192 4 154 4 155 2 144 2 144 2 146 2 147 ADDENDUM CONTAINING THE SCHOOL TEXT BOOK LAW PASSED OVER GOVERNOR'S VETO BY THE EXTRAORDINARY SESSION, JUlVE 12, 1901. SELECTION OF SCHOOL TEXT BOOKS. [ House Bill No. 82.] An Act to provide for the selection and use of school text book* and supplementary text books in the public schools of the State of Washing-ton, for the prescribing of courses of study therein, and dividing the school districts of the state iato classes, and repealing all laws and parts of laws inconsistent with the pro- visions of this act. Be it enacted by the Legislature of the State of Washington : Section 1. That for the purpose of this act the school districts of the State of Washington shall be and they hereby are divided into and shall consist of two classes, yiz.: School districts of the first class and school dis- districts^ tricts of the second class, and the school districts of the first class shall consist of all of the school districts in the state which are maintaining or which shall here- after establish and maintain a high school of not less than a two years' course of study. Every other school district of the state shall be a school district of the sec- ond class, and the school districts of the second class of the State of Washington shall consist of all school dis- tricts which are not maintaining or which shall not hereafter establish and maintain a high school of not less than a two years' course of study. Sec. 2. That the text books for use in the public selection of 1 textbooks — schools of each school district of the first class shall be by wnom - selected by the text book commission of such school district. The text book commission of such school ^commission, district shall consist of five persons, including the city superintendent, or, if there be none, then the principal of the high school, who shall be ex-officio chairman of the commission, two members of the city board of edu- cation, or board of school directors of the district, to be designated by such board, and one of whom shall be ex-officio secretarjr of the commission, and two law- fully qualified teachers engaged in teaching in such school district, to be appointed by the board of educa- IV Tenure of office. Powers of commission. Minimum length of time text books shall he used. Supplement- ary hooks. Meetings. Shall adver- tise for proposals. ADDENDUM. tion or board of school directors of the district. Each member of the text book commission shall take the oath to faithfully discharge the duties of his office. The term of office of the text book commision shall be five years and until their successors are appointed and qualified. A text book commission shall be appointed in each school district of the first class, in the month of June in the year 1901, and in every month of June every five years thereafter. Said text book commission shall have power to select text books for the use in the public schools of the school district for which it is ap- pointed, and it shall be the duty of the board of directors to require the introduction and use of all text books lawfully adopted for use in their respective districts. The text books selected by the commission shall cover such branches and studies as are required to be taught in like schools, by the state course of study issued by the State Superintendent of Public In- struction, and as are required to be taught by the laws of the State of Washington. Any text book selected for use in the schools of the district shall continue in use until displaced or replaced by order of the text book commission, and no text book selected or intro- duced into the schools by the text book commission shall be displaced or replaced within three years from the date of its introduction into the schools. But nothing in this act or any other law shall be so con- strued as to prevent the text book commission of any school district of the first class from using or introduc- ing at any time, any supplementary or additional books which may from time to time be deemed neces- sary in order to maintain the highest standard of excellence in the schools of the district. Sec. 3. The text book commission of each school dis- trict of the first class shall, between the first day of April and the first day of July of each year, when any text books are to be selected by such commission, pub- lish an advertisement in a newspaper of general circu- lation published in the county, or if there be no such newspaper published in the county, then in any news- ADDENDUM. ^ paper published and having a general circulation in the state, to the effect that the commission will, on a day therein named, select text books for the use of the schools in such districts, and invite proposals for the furnishing of such books, the proposals to state an ex- change and a retail price at which the proposer will furnish books for the schools of the district during the period of their use in such schools. Sec. 4. It shall be the duty of the principal of each Duties of J *■ L principal. school in all districts of the first class to prepare and issue, under the direction of the city board of educa- tion, or board of school directors of the district, a course of study for his schools, which course of stud} r must, before going into effect, be approved by the State Superintendent of Public Instruction. Such course of ^ t ° u d r y se of study shall conform to the manual, or general outline, prescribed by the State Superintendent of Public In- struction, and all examinations and promotions under the same shall be based upon the minimum credits in each study, as prescribed by the State Superintendent of Public Instruction in his general manual or outline course of study. Sec. 5. That there shall be in each county in this county board J of education state containing any school district or districts of the ^jf s of second class, a county board of education, which shall be composed of five persons, including the county su- perintendent of common schools, who shall be ex-officio president of the board, two lawfully qualified teachers engaged in teaching in the county, and two citizen taxpayers of the county, which last mentioned four mem- bers of the county board of education shall be appointed by the board of county commissioners of each and every county in the state. Each member of the county s , b! } n tabe board of education shall take an oath to faithfully and honestly discharge the duties of his office. The term of office of the members of the countv board of educa- Tenure •of office. tion shall be four years, and they shall hold their offices until their successors are appointed and qualified. The board of county commissioners in each county Whe P J J appointed. shall, in the month of March, 1901, and in the month VI ADDENDUM. Duties of board. Shall advertise for proposals. Minimum length of time books may be used. Supplement- ary books. Annual meet- ing of board. Special meetings. Course of study. of March every four years thereafter, appoint the county board of education for their respective coun- ties, and they shall have power and it shall be their duty to fill all vacancies that may occur in said board. Sec. t>. The county board of education in each county of this state shall, between the first day of April and the first day of July of each year when any text books are to be selected, publish and advertise in a news- paper of general circulation in said county to the effect that said county board of education will on a day named therein select text books for the use of all the school districts of the second class in said county, and invite proposals for the furnishing of such books, the proposals to state an exchange price, a wholesale price and a retail price at which the proposer will furnish books for the schools of all districts of the second class during the period of their use in the schools of such districts. Any text books selected for use in the schools shall remain in use until the same shall be displaced or replaced by the county board of education ; but no book selected and introduced into the schools shall in any event be changed within five years from the date of introduction. The county board of education or the officers of any school district of the second class, shall have power to select, introduce and use additional and supplementary books at any time, when they deem it necessary, in order to establish and maintain the highest standard of excellence in their schools. The county board of education shall hold an annual meet- ing at the county seat, on the second Monday in July, 1901, and on the second Monday in July in each year thereafter, for the purpose of transacting any business that may lawfully come before it, and they shall meet at such other times as may be deemed necessary by the majority of the board, and it shall be the duty of the county superintendent, as president of the board, to call a meeting at any time, upon the written request of three members of the board : Provided, That the Superintendent of Public Instruction shall have power and it shall be his duty to prescribe a uniform course ADDENDUM. v jj of study for all schools of the second class : Provided further, That any publisher or publishers of school books furnishing books under the provisions of this act to any district or districts of this state shall deposit with the Superintendent of Public Instruction a copy of any and all books so furnished. Sec. 7. Each member of the text book commission of°mem n be a rs° n in school districts of the first class shall receive as ofboard ' compensation for his services, the sum of three dollars for each day during which he is in attendance upon the meetings of the text book commission, and such compen- sation shall be paid from the funds of the school district. Each member of the county board of education shall receive three dollars for each day he is in attendance upon a meeting of the board, and the same shall be paid from the funds of the county. Sec. 8. In all joint districts of the second class, that Joi ^ 1 districts •> ' under junsdic- is to say, in all school districts of the second class {^rdf what situated in more than one county, such joint school district shall, for the purposes of this act, be held and deemed to be a school district within the one of said counties first created, and for all purposes of this act it shall be under the control and jurisdiction of the county board of education of such oldest county. Sec. 9. That section 105, being article I, of chapter certain o ' -t provisions V, of the Code of Public Instruction of the State of ^peaied. Washington, passed by the Legislature of the State of Washington at the session of 1897, approved March 19, 1897, and all other parts of said Code of Public Instruc- tion in any wise in conflict with the provisions of this act, and all other acts and parts of acts in any wise conflicting with the provisions of this act, be and the same are hereby repealed. Passed the House March 5, 1901. Passed the Senate March 14, 1901. Vetoed by the Governor, March 23, 1901. Passed the House, notwithstanding Governor's veto, June 12, 1901. Passed the Senate, notwithstanding Governor's veto, June 12, 1901. "fcS*L^ AA III °00 223 574 facility J—>