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STATE OF ALABAMA
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GENERAL
PUBLIC SCHOOL LAWS
MARCH 1. 1919
• OewN HINTIN* OO. MOHTSOHCHY.
GIFT OF
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DEPARTMENT OF EDUCATION
STATE OF ALABAMA
GENERAL PUBLIC SCHOOL LAWS
MARCH 1. 1919
SPRIGHT DOWELL,
Superintendent of Education
BROWN PRINTINQ CO. MONTGOMFtir.
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STATE DEPARTMENT OF EDUCATION
ADMINISTRATION
Spright Dowell, State Superintendent of Education Montgomery
Jas. N. Gunnels, Chief Clerk Montgomery
T. L. Head, Bookkeeper Montgomery
M. B. Bishop, Bookkeeper Montgomery
Aline Farnham, Stenographei' Montgomery
Mrs. Pearl M. Jones Montgomery
SUPERVISION
J. B. Hohdy, Rural School Agent Montgomery
J. S. Lambert. Rural School Agent Montgomery
Rose Sahel, Stenographer Montgomery
Jas. S. Thomas, High School Inspector University
TEACHER-TRAINING
R. E. Tidwell, Director of Institutes Montgomery
Elberta Taylor, Conductor of Institutes (for white) Montgomery
Clutie Bloodworth, Conductor of Institutes (for white) Montgomery
Claytie Thornton, Conductor of Institutes (for white) Montgomery
G. W. Trenholm. Conductor of Institutes (for negroes). ...Montgomery
Edith Garrott, Conductor of Institutes (for negroes) Montgomery
CERTIFICATION OF TEACHERS
Spright Dowell, President, Board of Examiners ....Montgomery
John B. Clark, Secretary, Board of Examiners Montgomery
Kate McLemore, Member, Board of Examiners Montgomery
Sadie Frank, Stenographer ._. Montgomery
STATE TEXTBOOK COMMISSION
Governor Thomas E. Kilby, Chairman Montgomery
Superintendent Spright Dowell, Secretary Montgomery
Olive J. Dodge Mobile
M. D. Pace Troy
H. L. Upshaw Eufaula
C. W. Daugette Jacksonville
G. M. Barnett LaFayette
C. C. Johnson. ; Marion
E. P. Murphy Gadsden
J. M. Atkinson Athens
Lula Bradford Birmingham
J. W. Letson Jasper
« • > * ,
PUBLIC SCHOOL LAWS OF ALABAMA
CHAPTER 41, CODE 1907.
ARTICLE 1.
PUBLIC SCHOOL FUND.
1678. (3539) (MS) Appropriations for public schools.
For the maintenance of a system of public schools of the
State the following sums of money are hereby appro-
priated for every scholastic year, to-wit:
1. The annual interest at six per cent on all sums of
money which have heretofore been or which may here-
after be received by the State, as the proceeds of sales of
lands granted or entrusted by the United States to the
State, or to the several townships thereof, valueless six-
teenth section fund, and school indemnity fund for school
purposes.
2. The annual interest at four per cent on that part of
the surplus revenue of the United States deposited with
the State under the act of Congress approved June 23,
1836.
3. All annual rents, incomes, and profits or interest
arising from the proceeds of sales of all such lands as
may hereafter be given by the United States, or by this
State, or by individuals, for the support of the public
schools of the State.
4. All such sums as may accrue to the State as escheats
the same to be applied to the support of the public schools
during the scholastic year next ensuing the receipt in tha
State treasury.
5. The net amount of poll tax that may be collected in
the State ; poll tax collected in every county to be retained
therein for the support of the public schools thereof and
distributed and disbursed as provided in this chapter.
6. Licenses which are by law required to be paid into
the school fund of any county to be promptly paid by the
478899
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4 PUBLIC SCHOOL LAWS OF ALABAMA *
judge of probate or other person collecting the same to
the county superintendent of education and to be ex-
pended for the benefit of the public schools of each county.
7. A further sum of five hundred thousand dollars
($500,000.00) annually for every scholastic year; pro-
vided, however, that there is hereby appropriated the
additional sum of one hundred thousand dollars ($100,-
COO.OO) annually if in the judgment of the governor of
Alabama the financial condition of the State treasury
will permit of such additional appropriation.
That the provisions of this act shall become effective
October 1st, 1911. Provided, that the annual excess of
the appropriation herein made over the appropriation
■carried by existing laws,* viz. : The sum of two hundred
and fifty thousand dollars ($250,000.00) per annum, shall
be paid only on the approval of the governor, who, as
the state of the treasury in his opinion may warrant,
may approve the same in whole or in part from time to
time ; provided, that if the governor shall fail to approve
in any year the full amount of the appropriation made
for that year he may, if the condition of the treasury war-
rant, approve in any subsequent year or years the differ-
ence between the amount appropriated and that paid.
Note — In addition to the sources of school revenue
above enumerated, there is annually levied, by Constitu-
tional requirements, for the maintenance of the public
schools, a tax of thirty cents on each one hundred dollars
assessed valuation of taxable property.
1679. (3540) (944) When appropriations accrue,
placed to the credit of educational fund. — All such appro-
priations, except the poll tax, shall accrue to the educa-
tional fund on the first day of October, in each year ; and
on that day the State auditor shall place to the credit of
that fund, on the books in his office, all such amounts as
accrue thereto from the sources in this article mentioned,
except the poll tax, for the scholastic year beginning on
that day.
♦The appropriation carried by existing laws is $350,000.
PUBLIC SCHOOL LAWS OF ALABAMA 5
ARTICLE 2.
OFFICERS AND BOARDS OF PUBLIC SCHOOLS.
1680. (3541) (945) Officers and hoards of adminis-
tration of public schools. — For the administration and
government of public schools in this State, there are the
following officers and boards of education :
1. The superintendent of education.
2. A county superintendent of education in each coun-
ty.
3. Three district trustees in each school district.
4. One county board of education ; constituted as here-
inafter provided.
ARTICLE 3.
SUPERINTENDENT OF EDUCATION.
1681. (3542) (946) Term of office; salary.— "The
Superintendent of Education" holds office for the term
of four years from the time of his installation in office,
and until his successor is elected and qualified, and shall
receive a salary of three thousand dollars per annum,
payable in monthly installments, on the last day of each
month, and shall not be eligible as his own successor.
1682. (3543) (947) Oath of office and bond.— Be-
fore entering upon the duties of his office, he shall take
oath of office prescribed by the constitution, and shall
also give bond, with sureties to be approved by the gover-
nor, in the sum of fifteen thousand dollars, conditioned
faithfully to discharge the duties of his office so long as
he shall remain therein, or perform any of the duties
thereof; and such bond shall be filed in the office of the
secretary of State.
1683. (3544) (948) Office and books, papers and
records. — He shall have an office at the capitol of the
State, where the bonds, papers and records of his office
6 PT'BLIC SCHOOL LAWS OF ALABAMA
shall be kept, and where he shall give attendance when
not absent on official business; and it shall be the privi-
lege of all persons interested to have access, at all proper
hours, to the books, papers, and records of the office.
1684. (3545) (949) Clerks and their salaries. — He
is authorized to employ a chief clerk, two bookkeepers,
and a stenographer for service in his office; and such
clerks shall be allowed salaries as follows: The chief
clerk, eighteen hundred dollars per year; the two book-
keepers, fifteen hundred dollars per year each ; the stenog-
rapher, seven hundred and fifty dollars per year, to be
paid as the salaries of other department clerks are paid.
1685. (3546) (950) Duties of the superintendent of
education. — The duties of the superintendent of education
shall be as follows :
1. He shall devote his time to the care and improve-
ment of the common schools, and the promotion of public
education, and shall exercise a general supervision over
all the educational interests of the State ; and to this end
he shall have power to require from the county superin-
tendent of education, township and district trustees of
public schools, and all other school officers, all such re-
ports and information relating to the educational fund,
or the condition of the schools and the management
thereof, as he may deem important, or as may be pre-
scribed by law ; and he may remove from office any such
officer, except the county superintendent, for failure to
make such report, give such information, or discharge
any other official duty.
2. He shall annually, as far as practicable, visit every
county in the State, for the purpose of inspecting the
schools and their management, the accounts of county
superintendents of education, and other school officers,
and for diffusing as widely as possible, by personal
address and personal communication, information as to
the importance of public schools and the best method for
their management; and he shall encourage and assist at
organizing and conducting teachers' and superintendents'
institutes.
PUBLIC SCHOOL LAWS OF ALABAMA 7
3. He shall make provisions for instructing all pupils
in all schools and colleges supported, in whole or in part,
by public money, or under State control, in hygiene and
physiology, with special reference to the effects of alco-
holic drinks, stimulants, and narcotics upon the human
system.
4. He shall make provision for instructing all pupils
in all schools and colleges supported, in whole or in part,
by public moneys, or under State control, in the constitu-
tion of the United States and the constitution of the
State of Alabama.
5. He shall annually apportion the public school funds
to the several counties, and the county board of education
shall apportion the same to the school districts as required
by section 256 of the Constitution, and shall see to the
proper disbursement of the same; and to this end he
shall keep an accurate account with all officers who may
be custodians or disbursers of the school fund, or any
part thereof.
6. He shall prepare all forms and have printed and
distributed all such blanks as may be necessary; or as
may be required by law, in the administration of the
public school system.
7. He shall furnish the county superintendents and
other school officers all necessary books for keeping their
accounts and records, to be and remain public property;
and he shall prescribe a uniform system of keeping such
accounts and records.
8. He shall take receipts for all such books so fur-
nished by him to school officers, and such officers shall
take good care thereof, and turn them over to their suc-
cessors in office.
9. He shall keep a debtor and creditor account with
each township, or other school district in the State, of
all funds accruing thereto for educational purposes.
10. He shall keep an accurate account of the capital
of all sixteenth-section or other trust funds, to which
each township or school district may be entitled, show-
ing whence and when such funds were derived.
11. He shall preserve in his office all bonds of school
officers and others required to be filed therein.
8 PUBLIC SCHOOL LAWS OF ALABAMA
12. He shall cause suits to be instituted and prosecuted
against all defaulters to the educational fund, and for
this purpose may employ attorneys ; but he shall not have
power to contract to pay such attorneys out of the educa-
tional fund more than ten per cent of the amount recov-
ered by them in such suits ; and of such fund he may pay
such lawful costs as may be taxed against him as superin-
tendent of education, in case he is cast in any such suits.
13. He shall, by correspondence, exchange of official
reports, and other proper means, elicit information rela-
tive to the system of public education in other states and
countries, and disseminate all useful knowledge regard-
ing the same among the county superintendents and other
school officers in the State.
14. He shall collect in his office such school books, ap-
paratus, maps, charts and specimens of improved school
furniture as can be obtained without expense to the State.
15. He shall prepare and have printed in pamphlet
form by the public printer, all laws, rules, and regulations
pertaining to the public school system of the State, in-
cluding therein the Constitution of the United States
and the Constitution of the State of Alabama, and cause
the same to be distributed among the county superin-
tendents of education, and other officers connected with
the school system, for the information of those interested
in the educational interests of the State.
16. He shall perform such other duties as are, or may
be, prescribed by law.
1686. (3547) (951) Report to governor; contents. —
He shall also, annually, on or before the first day of De-
cember, report to the governor in writing —
1. A brief history of his labors.
2. An abstract of the reports received by him from the
county superintendents of education, exhibiting the con-
dition of the public schools.
3. Estimates and accounts of expenditures of school
money.
4. An itemized statement showing how the contingent
fund of his department and all other special funds or ap-
propriations under his control have been disposed of.
PUBLIC SCHOOL LAWS OF ALABAMA 9
5. Such recommendations as he may desire to make
for the improvement of the school system, and the care
and increase of the educational fund.
6. All such other matters relating to his office and to
the public schools as he shall deem expedient to communi-
cate.
1687. (3548) , (952) Report to be printed and dis-
tributed. — The governor shall, when such report is laid
before him, direct the superintendent of education to
have printed in the same manner and upon the same con-
ditions as other printing is done, during the recess of
the Legislature, a sufficient number of copies of the re-
port to supply the county superintendents and district
trustees of public schools, and other school officers, and
for the usual exchange with other States, and with the
leading cities of the United States ; and it shall be the duty
of the superintendent of education to distribute the same
as indicated in this section.
1688. (3549) (953) Vacancy filled by governor;
term, etc., of appointee. — If the office of superintendent
of education should at any time become vacant, by death,
resignation, or otherwise, the governor shall appoint a
suitable person to fill such office for the unexpired term ;
and such appointee shall give bond and qualify in the
same manner as if he had been elected for a full term.
ARTICLE 4.
TOWNSHIPS ABOLISHED.
1689. Townships abolished; public schools re-district-
ed. — Township lines for school purposes are abolished;
provided the inhabitants of no township shall be deprived
of the sixteenth section or any fund arising therefrom,
or of selling and leasing such lands as provided by law.
10 PUBLIC SCHOOL LAWS OF ALABAMA
ARTICLE 5.
TOWNSHIPS AND SCHOOL DISTRICTS INCORPORATED.
1690. (3624) (1024) (963) (576) (502) Incorpora-
tion of townships. — The inhabitants of each township in
the State are incorporated by the name of "Township ,
of range ," according to the number of the surveys of
the United States, and the inhabitants of each school dis-
trict are incorporated by the name and number by which
it is known or designated.
ARTICLE 6.
This article is repealed by the act providing for a
county boafd of education, approved August 16, 1915,
which follows :
No. 220.) (S. 129.
AN ACT
To provide for a county board of education, to pre-
scribe the method of election of the members thereof, to
define the powers and duties of the board, and to require
the boards of education in incorporated cities and towns
to make an enumeration of children of school age.
Be it enacted by the Legislature of Alabama:
Section 1. That from and after the third Saturday in
November, 1916, the public schools of each of the several
counties of the State, except those in incorporated cities
and towns, shall be under the immediate direction and
control of a county board of education consisting of five
members. The county board of education of each county
shall be elected by the qualified electors of the county.
All members of the county board of education of any
county shall be persons of good moral character with at
least a fair elementary education, of good standing in
their respective communities, and known for their hon-
esty, business ability, public spirit and interest in the
good of public education.
PUBLIC SCHOOL LAWS OF ALABAMA H
Sec. 2. That at the general election of State and county
officers in November, 1916, the qualified electors of the
county shall elect five members of the county board of
education ; and provided that the five persons receiving
the highest number of votes from the county at large
shall be declared the members of the county board of
education ; provided, that the two members of the board
so elected receiving the highest number of votes shall
hold office for a term of six years ; that the two members
receiving the next highest number of votes shall hold
office for a term of four years ; and that the member so
elected receiving the lowest number of votes shall hold
office for a term of two years ; provided further, that at
the general election of State and county officers in Novem-
ber, 1918, and biennially thereafter, a member or mem-
bers shall be elected for terms of six years to succeed
those whose term or terms of office shall expire at that
time ; provided that any member of the board of education
shall hold office until a successor has been elected and
qualified.
Sec. 4. That the county board of education of each of
the several counties, elected as herein provided, shall
meet in the office of the county superintendent of educa-
tion of the county within ten days after the election of
such board or any member thereof, qualify and organize
by electing one of its members president. The president
shall be entitled to vote on all questions. The county
superintendent of education shall be the secretary and
executive officer of the board and shall attend all meet-
ings of the same, but .he shall not have the right of a
vote in the board.
Sec. 5. That the county boards of education shall hav6
entire control of the public schools, unless otherwise pro-
vided by law, within their respective counties. They shall
make rules and regulations for the government of the
schools, see that the teachers perform their duties, and
exercise such powers consistent with the law as in their
judgment will best subserve the cause of education. The
board shall have the right to acquire, purchase, by the
institution of condemnation proceedings if necessary,
lease, receive, hold, transmit, and convey the title to real
12 PUBLIC SCHOOL LAWS OF ALABAMA
and personal property for school purposes, except where
otherwise provided, by and in the name of the county
board of education, to sue and contract, all contracts to be
made after resolutions adopted by the board and spread
on its minutes and signed by its president. All process
shall be executed by service on the executive officer of
the board.
Sec. 6. In addition to the duties hereinbefore pre-
scribed, the county boards of education shall perform
the following duties : (1) Select a county superintendent
of education, prescribe his duties in addition to those re-
quired by law, and the amount of his salary; provided,
that no member of a county board of education shall be
eligible for election as county superintendent of education
during the term for which he was elected as a member
of the board of education. (2) Elect a county treasurer
of public school funds. (3) Elect to hold office until the
next regular election as provided under this act, the suc-
cessor to any member of the county board of education
whose place may have become vacant by death, resigna-
tion, or other cause; provided, that in case the county
board fails for a period of thirty days to fill said vacancy,
the State superintendent of education shall have authority
to appoint a member to fill the same. At the next general
election held in November, a successor shall be elected for
the unexpired term as provided by section 2 of this act for
the election of other members. (4) Select upon the nomi-
nation of the county superintendent of education, assist-
ant superintendents, supervisors and such office force as
may be necessary, and fix their salaries. (5) Select teach-
ers for the several schools of the county upon nomination
of the county superintendent of education, fix their sal-
aries, erect, repair and furnish schoolhouses, fix all
wages of employees, determine all incidental expenses,
and have entire control of the public school funds of the
county, except as otherwise provided by law. (6) Fix the
boundaries of school districts and locate schools with ref-
erence to convenience, efficiency and economy. (7) Con-
solidate schools and provide for the transportation of
pupils at public expense. (8) Upon the agreement of
the board of education of adjoining counties, authorize
PUBLIC SCHOOL LAWS OF ALABAMA 13
a child residing in one county to attend school in another
county, and it shall be permitted to do so when the school
in the other county is nearer than any school in its own.
county; upon the request of parents or guardians, a city
board of education and a county board of education may
make any just and equitable arrangement for the attend-
ance of the children of the city at the schools of the
county, and for the attendance of the children of the
county at the schools of the city, and they shall do so
when it can be done without injury to the schools of
either the county or the city, (9) Control the public
school funds as provided by law. (10) Appoint for every
school in the county discreet, competent and reliable per-
son or persons of mature years, not exceeding three in
number, residing near to the schoolhouse, and having the
respect and confidence of the people of the community, to
serve as trustee or trustees of the school, to care for the
property, and to look after the general interests of the
school, and to make to the county board of education,
through the county superintendent of education, from
time to time, reports of the progress and needs of the
schools, and of the will and sentiment of the people in
regard to the school; but such person or persons shall
not be paid for such service out of the public school funds.
(11) Enforce compulsory attendance as required by law.
(12) Act as promptly as possible on cases of appeal by
pupils suspended by teachers. (13) Dismiss county super-
intendents, assistant county superintendents, and teach-
ers for incompetency, improper or immoral conduct, or
inattention to duty, or whenever in their opinion the best
interests of the school may require. (14 Select resident
persons to enumerate the scholastic population of all chil-
dren between the ages of seven and twenty-one years as
provided by law, and to require that in enumerating the
scholastic population, the name of the child, the name of
the parent or guardian, the age of the child, the school to
which it belongs and the distance to the nearest school,
be recorded, and also the fact as to whether the child is
able to read and write. White children and negro chil-
dren shall be reported in separate lists, and in any town
or city maintaining a public school system, the board of
14 PUBLIC SCHOOL LAWS OF ALABAMA
education of that incorporated city or town, is hereby
empowered and required to enumerate the scholastic pop-
ulation of that city or town, as provided by law; and in
addition to giving the name of the child, and the name
of its parents or guardians, and stating whether the child
can read and write, the. name of the street and the number
of the house in which it resides shall be given.
Sec. 7. The members of the county board of education
shall receive from the public school funds of the county
their actual traveling and hotel expenses incurred in at-
tending meetings of the board; provided that such ex-
penditures shall be allowed for not more than twelve
meetings in any one year. The members of the county
board shall be paid in like manner as provided for the
compensation paid to teachers; provided, that they shall
not be required to hold State teachers' certificates. Coun-
ty superintendents shall be paid a minimum salary of
$1,000 a year and after September 30, 1915, shall engage
in no other form of remunerative work.
Sec. 8. All laws or parts of laws in conflict with the
provisions of this act, except such as make provision for
local taxation for school purposes, are hereby repealed,
and in case any part of this law is declared unconstitu-
tional, the parts not so declared unconstitutional, shall
remain in full force and effect as the law of the State.
Approved August 16, 1915.
No. 495.) (S. 598.
AN ACT
To amend section 1355 of the Code of Alabama of 1907.
Be it enacted by the Legislature of Alabama:
That section 1355 of the Code of Alabama of 1907 be
and the same is hereby amended so as to read as follows :
1355 — Cities having a population of 2,000 and less than
^,000 inhabitants shall have a board of education con-
sisting of five members which shall be elected by the
<jouncil, or other governing body, at its first regular meet-
ing. The council, or other governing body, shall elect the
PUBLIC SCHOOL LAWS OF ALABAMA 15
members of the board of education for terms of office
which shall be respectively, one, two, three, four and five
years. Annually thereafter at the first regular meeting
in April or as soon thereafter as may be practicable, at a
regular meeting, the council, or other governing body,
shall elect a member whose term of office shall be five
years, to succeed the member of the board of education
whose term expires that year. As soon after election as
practicable, the said board shall organize by electing one
of their members president and shall also elect one of
their members secretary of said board, and said board
shall have all powers and be vested with all the authority
in relation to the public schools as boards of education in
cities of 6,000 or more population. In the event of a
vacancy in the membership of the board by resignation
or otherwise, the fact shall be reported to the city council,
or other governing body, by the board, and the council,
or other governing body, shall elect a person to fill such
vacancy for the unexpired term; in towns of less than
2,000 population, the management and control of the pub-
lic schools therein shall on and after the first day of
October, 1915, be vested in a county board of education,
which board shall be vested with all the powers and au-
thority in relation to such school, as if the same were not
within the incorporated territory.
Approved September 16, 1915.
No. 14.) AN ACT (H. 6a
To authorize women to serve on boards of education
of counties, and cities and towns.
Be it enacted by the Legislature of Alabama:
1. That on and after the passage of this bill, women
shall be eligible to serve on the boards of education of in-
corporated cities and towns, and on county boards of
education.
8. All laws and parts of laws, local, general or spe-
cial in conflict with the provisions of this act be and the
same are hereby repealed.
Approved February 1, 1915.
16 PUBLIC SCHOOL LAWS OF ALABAMA
No. 93.) AN ACT (S. 80.
To amend section 6 of an act approved July 17, 1907,
entitled "An act to amend sections 6, 9, 10, 16, 17, 19
and 20 of an act entitled an act to provide for the redis-
tricting of the public schools of the State and for the
management and control of the same, approved Septem-
ber 30, 1903."
Section 1. Be it enacted by the Legislatwe of Alabama,
That section 6 of an act approved July 17, 1907, entitled,
"An act to amend sections 6, 9, 10, 16, 17, 19 and
20 of an act entitled an act providing for the redistricting
of the public schools of the State and for the management
and control of the same, approved September 30, 1903,"
be and the same is hereby amended so as to read as fol-
lows : Section 6. That section 19 of said act be and the
same is hereby amended so as to read as follows: The
provisions of this act shall not apply to any county hereto-
fore districted by authority of a special law and which
has a special levy from the county for the support of the
public schools therein ; or to any city or town where the
members of the board of education hold office for life
under any act of the Legislature of Alabama approved
prior to Feb. 15, 1891, but all other general, special, pri-
vate or local laws creating or providing for any special
or separate school district be and the same are hereby
repealed.
Approved August 25, 1909.
1693. Incorporated cities and toivns separate school
districts. — Each incorporated city or town in the State is
a separate school district.
1694. School districts not affected by county lines. —
Any school district which, by the creation of new coun-
ties or the change of county lines, shall lie in two or
more counties, shall in no wise be repealed by the crea-
tion of said new counties or the change of county lines.
PUBLIC SCHOOL LAWS OF ALABAMA 17
No. 487.) AN ACT (H. 243.
To provide for the office of county treasurer of public
school funds in the several counties of Alabama and to
prescribe the duties thereof.
Section 1, Be it enacted by the Legislature of Alabama,
That the county boards of education of the several coun-
ties of this State be and they are hereby authorized
to select annually some suitable person in the county to
act as treasurer of the public school funds of the county.
Sec. 2. The said treasurer of the school funds in each
county shall receive and take charge of any money,
funds, property or proceeds of any character, raised in
his county by county taxation, or which may accrue to.
him or to the county from any gift, grant, bequest, de-
vise, endowment or otherwise, to be used in aid of, or in
connection with, money apportioned to his county from
the educational fund, and shall faithfully keep the same
separate and apart from any other funds or property
whatsoever; and after the county board of education
shall have apportioned the public school funds of the
county, as in this code provided, he shall, upon the certi-
fied payroll of the county superintendent distribute and
pay out the money raised in accordance with this subdi-
vision, but all money, raised by local taxation in any
school district or incorporated city or town, shall be ex-
pended for the benefit of the district, city or town in
which the money is raised, and by such persons, and in
such manner, as are authorized by the laws in force for
the control and government of public schools in such
district, city or town.
Sec. 3. He must, monthly, on the first Saturday in
each month of each year, or as soon thereafter as practi-
cable, pay the teachers of the public schools, upon the
certified payroll of the county superintendent of educa-
tion. He shall give bond in twice the probable sum of
public school money including any amounts of State school
funds payable to him by the State treasurer which he may
have on hand at any one time, said amount of bond to be
fixed and approved by the State superintendent of edu-
cation.
18 PUBLIC SCHOOL LAWS OF ALABAMA
Sec. 4. For all money paid out under the terms of
this act, the said treasurer shall keep proper vouchers
subject to the inspection of the State examiner of ac-
counts, or assistant examiner, and he shall make such
annual reports as may be called for by the State superin-
tendent of education.
Sec. 5. All laws and parts of laws in conflict with the
provisions of this act be and the same are hereby re-
pealed.
Approved April 18, 1911.
INSTRUCTION FOR HANDLING GENERAL EDUCATION FUND,
POLL TAX AND SPECIAL COUNTY TAXES
• Under an opinion of the Attorney General the placing
of all towns of less than 2,000 population under the con-
trol of the county board of education does not repeal that
provision of the municipal code which requires that all
public school funds for municipalities shall be disbursed
by the town treasurer. It therefore becomes the duty
of the county superintendent to place on his regular pay
roll the names of the treasurers of such towns for any
amounts of general education fund and poll tax or spe-
cial county tax which the county boards shall apportion
to the schools of said towns; the same to be paid out by
the treasurer on a special Town Pay Roll prepared by
the principal and approved by the local trustees and
the county board of education.
In cities of 2,000 population and over the name of the
treasurer should be placed on the regular monthly pay
roll for such part of the general education fund, poll tax
and special county tax apportioned to said towns as is
needed to meet the demands of the schools ; the same to
be paid out by the treasurer on order of the city board of
education.
INSTRUCTION FOR HANDLING DISTRICT TAXES
Special school taxes accruing to rural districts or to
incorporated towns of less than 2,000 population should
be paid over by the tax collector to the county treasurer
of school funds whose duty it is to keep an accurate ac-
PUBLIC SCHOOL LAWS OF ALABAMA 19
count of the receipts from each district and report the
same monthly to the county superintendent on the "re-
ceipt side" of the special district tax pay roll, which
should be used by the superintendent for paying out these
funds.
In the case of an incorporated town under the control
of the county board, the name of the town treasurer
should be entered on the pay roll for such amount as
is shown to be in the hands of the county treasurer of
school funds to the credit of that district. For the rural
districts the names of the teachers should be entered on
the pay roll for such amount as is to be paid from this
fund.
Special district taxes accruing to cities of more than
2,000 population should be paid over by the tax collector
to the city treasurer to be disbursed by him on order of
the board of education.
ARTICLE 7.
(Sections 1697, 1698, 1699, and 1700 of this Article
repealed by county board law found on page 10 of this
pamphlet.
Section 1701 is probably repealed by Municipal Code
found on page 128 of this pamphlet.)
ARTICLE 8.
COUNTY SUPERINTENDENT OF EDUCATION.
1704. (3552) (956) Oath of office and bond.— Every
county superintendent of education, before entering
upon the duties of his office must take oath of office pre-
scribed by the Constitution and give bond in an amount
to be fixed by the superintendent of education, but in no
case to be less than double the probable amount of money
that may be in his hands at any time, with good and suf-
20 PUBLIC SCHOOL LAWS OF ALABAMA
ficient sureties, and payable and conditioned as official
bonds of other public officers.
1705. (3553) (957) Approval and record of bond. —
Such bond must be approved by, and, with the oath of
office, must be filed and recorded in the office of the judge
of probate of the county ; and a certified copy of the bond
must also be filed in the office of the superintendent of
education for his approval.
1706. (3554) (958) New or additional bond; effect
of notice to give. — The superintendent of education shall
require of any county superintendent of education a new
or additional bond in the same, or a different amount, as
that of the original bond, whenever he shall find it neces-
sary for the protection of the educational fund of the
county; and no county superintendent of education after
receiving notice to give such new or additional bond, shall
continue in the discharge of the duties of his office until
such new or additional bond is given.
1707. (3556) (960) His duties.— The duties of the
county superintendent of education shall be as follows :
1. He shall have an office at the county site of his
county, where he must, on the first Saturday of each
month from the beginning of the scholastic year until the
close of the public schools of that year, be present to
transact business with the officers and teachers of public
schools.
2. (This subdivision is inoperative because of act creat-
ing a county treasurer of school funds, found on page
17 of this pamphlet.)
3. He shall examine into the condition of all school
funds of his county, including the sixteenth section fund,
and sixteenth section lands unsold in his county; and
he is authorized and required in the name of the State
for the use of the township, to bring all necessary suits
for the recovery of the possession of such lands, or against
trespassers thereon.
4. He shall, as soon as he receives the annual appor-
tionment of the educational fund to his county and the
PUBLIC SCHOOL LAWS OF ALABAMA 21
same has been apportioned among the districts by the
county board of education, notify the district trustees of
each district of the amount apportioned to each separate
school district.
5. He shall enter in a book or books, kept for that pur-
pose, the exact amount and date of all moneys received
and paid out by him on account of the educational fund
of his county, showing by whom or to whom paid, and
for what purpose, and also the amount of the educational
fund apportioned to and distributed in each district for
each race ; and such books shall be open to the inspection
of all persons interested.
6. He shall, on or before the fifteenth day of October
of each year, forward to the superintendent of education,
on blanks to be furnished him by the latter, an annual
report of the public schools of his county for the preced-
ing year, which shall set forth (1) the amount of school
money received by him from all sources to the end of the
year, specifying how much was received from each source ;
(2) how much has been disbursed by him during such
year, for what purpose, and the names of teachers to
whom money has been paid, the time they taught, and
the total amount paid to each teacher; (3) the amount
of funds then in hand for each township or school dis-
trict in his county; and (4) the manner in which, and
the extent to which, he has discharged the duties required
by law to be performed by him.
7. He must, monthly, on the first Saturday in each
month of each year, or as soon thereafter as practicable,
pay the teachers of the public schools, upon the certifi-
cate of the trustees of the district in which the school
was taught; and in counties in which separate districts
have been established by special laws, he shall pay over
to the officers authorized to receive the same their pro-
portionate shares of the school revenues at the times
above designated.
1708. (3557) (963) Forfeiture for failure to make
annual reports. — If any county superintendent shall will-
fully fail to make out and forward to the superintendent
of education any annual report required by this article.
22 PUBLIC SCHOOL LAWS OF ALABAMA
within ten days after the time it should be made, he shall
be liable to a forfeiture of his commission, to be declared
by the superintendent of education and to removal from
office.
1709. (558) (962) Books and accounts liable to ex-
amination. — The books, accounts and vouchers of the
county superintendent of education may be examined at
any time by the superintendent of education in person or
by duly authorized agent.
No. 269.) AN ACT (H. 244.
To prescribe the duties and powers and to fix the com-
pensation of the county superintendents of education of
the several counties of this State.
Section 1. Be it enacted by the Legislature of Alabama,
That the duties and powers of the county superintendent
of education shall be as follows : He shall have an office
at the county site of his county ; where he must, on every
Saturday of each month except in the months of June,
July and August, be present in person or by representa-
tive to transact business with the officers and teachers of
the public schools. He shall examine into the condition
of all school funds of his county including the sixteenth
section fund, and sixteenth section lands unsold in his
county. He shall as soon as practicable, notify the dis-
trict trustees of each district of the amount available as
salaries of the several teachers in the district. He shall,
when required by the county board of education, devote
his entire time to the work of visiting and supervising the
schools of the county when any of the public schools are
in session, visiting all of the schools of the county as often
as possible, and each of them at least once annually.
When visiting a school, he shall notice carefully the con-
dition of the schoolhouse, grounds and equipments, call-
ing to the attention of the local trustees any apparent
needs of the school. He shall observe the class work of
PUBLIC SCHOOL LAWS OF ALABAMA 23
each teacher and, when necessary, give model lessons for
the benefit of the teacher. He shall encourage the organi-
zation of school improvement associations, and the build-
ing up of school libraries. He shall make, on blanks fur-
nished by the State department of education, monthly
reports to the county board of education, covering fully
and in detail his work during the preceding month, send-
ing a duplicate report to the superintendent of education
at Montgomery. He shall, on or before the fifteenth day
of October of each year, forward to the superintendent
of education, on blanks to be furnished him by the latter,
an annual report for the preceding year, which shall set
forth (1) The amount of school money paid into the
hands of the treasurer of the county school funds and
from what sources; (2) The amount disbursed by the
treasurer and for what purpose; (3) What amounts of
public school funds, if any, passed through his hands
into the hands of the county treasurer of the public
school funds and from what sources; and his annual re-
port shall supply whatever information may be called
for the State superintendent of education touching the
public schools of the county.
Approved April 8th, 1911.
ARTICLE 9.
(This article is repealed by the county board law found
on page 10 of this pamphlet.)
ARTICLE 10*
ENUMERATION OR CENSUS OF SCHOOL CHILDREN
1717. Censiis or enumeration of school children. —
The district trustees of each public school district in this
♦See subdivision 14 of section 6 of the county board law found on
page 13 of this pamphlet.
24 PUBLIC SCHOOL LAWS Oi^ ALABAMA
State, whether existing under general law or created by
special or local law, and the boards of education or school
trustees, or other governing board or body, of any public
school district, lying in any incorporated town or city
in this State, shall cause to be made during the month of
July, 1908, and every even-numbered year thereafter, an
enumeration of all the children within school age residing
in each of said several school districts, and to that end
said trustees, or boards of education, or other governing
board or body, shall select and appoint a proper and com-
petent person to make such enumeration, on blanks to be
prepared and provided by the superintendent of education
of the State, and such person shall make a report of such
enumeration under oath to the county superintendent of
education of his county by the 15th day of August next
succeeding the time of the taking of said census. The
county superintendent shall then make a written verified
report by districts to the superintendent of education of
the State.
1718. Compensation of enumerators. — The court of
county commissioners, or board of revenue, or other
court of like jurisdiction for each county, shall fix the
compensation of each of said persons taking such school
census in each district, no part of which is situated in
any incorporated town or city, and shall order the same
paid to such persons out of the general funds in the county
treasury of the county wherein such enumerations are
made, and the mayor and city council, or other governing
body, of any municipality wherein a public school district
is situated, in whole or in part, shall fix the compensation
of the person who shall take the school census in such
district, and shall order the same paid out of the treasury
of such town or city.
7755. False or fraudulent enumeration of school chil-
dren; penalty for. — Any person appointed to make an
enumeration of the children within school age of any
public school district in this State as required by law, who
shall knowingly make a false or fraudulent enumeration
or report of the number of children within school age
PUBLIC SCHOOL LAWS OF ALABAMA 25
residing in such district, shall be guilty of a misdemeanor,
and, on conviction, shall be punished by a fine of not less
than one hundred dollars nor more than five hundred
dollars, and shall also be sentenced to hard labor for the
county for not less than six months nor more than twelve
months.
ARTICLE 11.
TEACHERS: QUALIFICATIONS, LICENSE, POWERS, AND
■ DUTIES OF.
1719. Board of examiners. — There shall be constituted
a State board of examiners to be composed of the superin-
tendent of education, who shall be the president of the
board, and two other persons, to be appointed by him,
who shall be teachers of extensive experience and recog-
nized ability. The term of office of said board shall be
co-equal with that of the superintendent of education.
1720. (Repealed.)
1721. List of questions prepared. — The State board of
examiners shall prepare questions for the examination of
teachers and the president of the State board of exam-
iners shall cause lists of the questions so prepared to be
printed and shall ten days before the date of each exam-
ination send to each person appointed to conduct exam-
inations in the counties of the State a sufficient number
of the lists. The questions so sent shall be enclosed in a
sealed package and the said seal shall not be broken,
except as provided by law.
7750. Stealing examination questions, penalty for.—
Any person who purloins, steals, buys, receives, sells,
gives, or offers to buy, give, or sell any examination
questions or copies thereof of any examination provided
by law before the date of examination for which they
have been prepared shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined not less than
26 PUBLIC SCHOOL LAWS OF ALABAMA
one hundred dollars, and may be sentenced to hard labor
for the county for not less than six months.
Note. — A copy of the pamphlet containing the rules and regulations
governing the examination of teachers in Alabama may be secured
by writing to the superintendent of education at Montgomery. A
one cent stamp should be enclosed to cover postage.
1722. Times for examinations of teachers. — The third
Mondays in April, July and December are appointed for
the examination of teachers. The examination may be
continued from day to day for three consecutive days, if
such continuance shall be necessary for the completion
of the work of the examination, but no examination shall
be begun on any other day than the first day mentioned
in this section. No examination shall be held at any
other time.
- 1723. (Repealed.)
1724. Examinations in couyities; by whom and how
conducted. — The regular examination shall be conducted
in each county by the county superintendent of education
unless for good and substantial reasons the State board
of examiners shall deem it best to select for their service
another person appointed for that purpose by the State
board of examiners, and if he shall be unable, by reason
of sickness or other unavoidable necessity to conduct the
same, then by some other competent person appointed for
that purpose by him. Said examination shall begin at
10 o'clock a. m. of the day appointed, at which ^our the
person appointed to conduct the examination shall, in the
presence of the applicants for examination, break the
seal of the envelope containing the list of questions, and
shall distribute the questions among the applicants. All
applicants shall undergo the examination in the same
room, or in sight of the person appointed to conduct such
examination.
1725. Examination fees. — Each applicant for exam-
ination shall, before entering upon the examination, de-
posit with the person appointed to conduct the examina-
PUBLIC SCHOOL LAWS OF ALABAMA 27
tion an examination fee as follows: An applicant for a
third grade certificate, a fee of one dollar ; an applicant
for a second grade certificate, a fee of one and one-half
dollars; an applicant for a first grade certificate, a fee
of two dollars ; an applicant for a life certificate, a fee of
three dollars. The fees received from the examination
of teachers at regular examinations shall be paid into
the State treasury to the credit of the educational fund,
and the State auditor shall, on the requisition of the
superintendent of education, issue warrants on the State
treasurer, to be paid out of the educational fund, for
the purpose of carrying out the provisions of this article,
such as the payment of expenses for postage, for express-
age, for clerk hire, for State board of examiners.
1726. Compensation of the appointed members of the
State board of examiners. — The secretary of the State
board of examiners shall receive twenty-four hundred
dollars per annum and the other appointed member shall
receive twelve hundred dollars per annum payable in
equal monthly installments out of the general educational
fund.
1727. Compensation of examiners. — The county su-
perintendent or person appointed to conduct the examina-
tion in each county shall receive ten dollars for his serv-
ices in conducting each examination and may be allowed
five dollars for each assistant employed; provided that
an assistant may be employed for each fifty applicants
or fraction thereof over and above the first fifty in any
given county. Tables or desks shall be furnished by the
county superintendent of education to be used by the
applicants on such examination ; and the county superin-
tendent shall furnish to the State superintendent a sworn
statement of the amount expended therefor, which amount
shall be paid from the educational fund upon the approval
of the State superintendent. Provided that in no case
shall the amount allowed exceed ten cents per applicant.
1728. Teachers shall not receive assistance on exam-
ination. — Teachers on examination shall not be permitted
28 PUBLIC SCHOOL LAWS OF ALABAMA
to sit near enough to one another to read the other's
papers, and no teacher on examination shall receive any
assistance from any other person, or by reference to any
book, map, or chart, or from any other source, and no
person shall be licensed to teach who shall endeavor to
procure any such assistance.
1729. Statement signed by teachers. — Each teacher
so examined shall, upon the completion of his examina-
tion, sign a statement that he or she has not received any
assistance in said examination from any source; which
statement shall be kept on file by the county superin-
tendent of education.
1730. Applicant miist he of good moral character. —
Unless the applicant is known to the person appointed
to conduct the examination to be of good moral character,
or shall make satisfactory proof of the same, in writing,
he or she shall not be admitted to the examination.
1731. Habitual use of profane language or intoxi-
cants. — Any one who habitually uses profane language or
intoxicants shall be deemed of immoral character.
1732. (3576) (983) Grades of certificates.— There
shall be three grades of teachers' certificates, besides
the life certificate, hereinafter provided, to be known as
certificates of the first, second, and third grades, each
of which must show the branches in which the holder
has been examined, and his general average.
1733. (3576) (983) Percentage and certificate re-
quired. — In no case shall an applicant for a certificate
receive the same who fails to answer fifty per cent of the
questions propounded in any branch, and whose general
average is below seventy-five per cent. Every teacher in
the public schools must obtain a certificate prior to his
employment.
1734. (3577) (984) Branches of learning examined
upon. — Applicants for third grade certificates shall be
PUBLIC SCHOOL LAWS OF ALABAMA 29
examined in the following branches: Orthography,
reading, penmanship, grammar, practical arithmetic,
United States history, geography, the elementary prin-
ciples of physiology and hygiene and agriculture, and
theory and practice of teaching ; for second grade certifi-
cates they shall be examined in all the foregoing branches,
with additional requirements in arithmetic, history of
Alabama, English grammar and literature, intermediate
geography, United States history and civics and class
management ; for the first grade certificates, they shall be
examined in all the foregoing branches, and also in alge-
bra, geometry, physics, elementary psychology, the school
laws of Alabama, and advanced English ; for life certifi-
cates, the history of education.
1735, Examinations shall be written; kind of paper
and ink to be ttsed. — In all examinations under this arti-
cle, the answers shall be written on legal cap paper, with
pen and ink. The subject or branch shall be plainly
written at the top of the page, and the answers shall be
numbered to correspond with the questions.
1736, Examination papers delivered to examiner;
transmission to board. — When an applicant shall have
completed his examination, he shall write his name and
address on each paper of the same, and deliver the same
to the person appointed to conduct the examination, who
shall enclose the papers of each applicant in a separate
envelope, together with his certificate of the good moral
character of the applicant, or the written proof of the
same, on which he admitted the applicant to examination,
and shall transmit the same to the secretary of the State
board of examiners without delay.
1737, Board examines and grades papers. — The State
board of examiners shall examine the papers coming to
it under the provisions of the preceding section, as ex-
peditiously as possible, and shall mark upon each paper
the teacher's grade in that branch, according to the cor-
rectness or approximate correctness of the answers.
30 PUBLIC SCHOOL LAWS OF ALABA^^IA
1738. Certificates issued. — If, upon such examination,,
it appears that the applicant is entitled to receive a
certificate, the secretary of the board shall prepare a
certificate in conformity with this article. The certificate
shall be signed by the secretary of the State board of
examiners and the superintendent of education, and shall
be transmitted to the teacher entitled to the same.
1739. Examination papers kept on file six months. —
All examination papers shall be kept on file in the office of
the superintendent of education subject to public inspec-
tion for six months.
1740. (3579) (985) Lifetime of certificates.— Cer-
tificates granted under the provisions of this article shall
entitle the holder to teach in the public schools of any
county in this State for the following period of time : A
third-grade certificate, two years; a second-grade certifi-
cate, four years; and a first-grade certificate, six years
from the date of issuance of the same.
1741. Life certificates. — Whenever any teacher apply-
ing for a certificate shall make proof that he has been
engaged for five years in teaching under a first-grade
certificate, which proof the county superintendent of edu-
cation shall transmit to the State board of examiners,
and shall show a high degree of proficiency and profes-
sional attainment, such teacher may be granted a life
certificate signed as prescribed for other certificates.
1742. {Repealed.)
1743. Revoking certificates. — The superintendent of
education shall revoke the certificate of any teacher who
shall be guilty of immoral conduct or unbecoming or in-
decent behavior.
1744. Register of licensed teachers. — The secretary
of the State board of examiners shall keep a register of
all teachers examined and licensed under this article,
showing the name and postoff ice address of each teacher.
PI^BLIC SCHOOL LAWS OF ALABAMA 31
and the date and grade of his certificate, and shall keep
the same on file in the office of the superintendent of
education, and shall devote his time, when not engaged
in the work, of examining teachers, to clerical work in
the department of education.
1745. Separate districts. — The provisions of this arti-
cle shall not be construed as to prohibit separate school
districts of two thousand inhabitants or more, having
authority at present by their charter to examine teachers,
to further examine teachers who have certificates granted
under this article.
1746. (3578) Instructions as to the nature of alco-
holic drinks and narcotics. — Every teacher shall give in-
structions as to the nature of alcoholic drinks, tobacco,
and other narcotics, and their effect upon the human sys-
tem, and such subject shall be taught as regularly as any
other in the public schools.
1747. Teaching agriculture in public schools. — In ad-
dition to the branches now taught in the public schools,
instructions shall be given in the elementary principles
of agriculture, and said subject shall be taught as regu-
larly as other branches are taught in said school, by the
use of a text-book in the hands of the pupils, and such in-
struction shall be given in all the public schools of the
State.
1748. (3580) (986) Register kept by teacher and
submitted. — Every teacher of a public school must keep
a register of the actual daily attendance of the pupils
in his school, and must submit such register to the dis-
trict trustees for their inspection.
Note. — A copy of the pamphlet containing the Rules and Regula-
tions governing the examination of teachers in Alabama may be
secured by writing to the Superintendent of Education at Montgomery.
A one-cent stamp should he enclosed to cover postage.
1749. (3581) (987) Monthly report; not entitled to
compensation until forwarded. — Every teacher of a pub-
32 rUBLIC SCHOOL LAWS OF ALABAMA
lie school must, within five days after the end of each
scholastic month, forward to the county superintendent
of education, a complete report, setting forth the enroll-
ment, attendance, the branches taught, ancj the number
of pupils in each, distinguishing between the boys and
the girls, and stating whether a white or colored school ;
also the number of days taught, the amount due for serv-
ices from school revenues of the district, the number of
vists by district trustees, and the name and postoffice
address of the teacher ; and such report must be sworn to
by the teacher before some one of the district trustees,
and approved by them ; and no teacher can draw any pay
for the services rendered by him until he has forwarded
his report in accordance with the requirements of this
section.
1750. (3582) (988) To be paid monthly. —The teach-
ers of public schools shall be paid monthly, as provided in
this chapter.
No. 64.) AN ACT (H. 344.
To authorize the State board of examiners to issue
first grade certificates to graduates of certain institutions
of higher learning of this and other States; to provide
for the issuance of teachers' certificates to persons hold-
ing certificates granted in other States; to authorize the
extension of the terms of first grade certificates, of second
grade certificates, and of third grade certificates ; and to
repeal section 1723 of the Code of Alabama as amended
by section 4 of an act approved August 21, 1909.
Be it enacted by the Legislature of Alabama:
1. That the State board of examiners is hereby author-
ized to grant a first grade teacher's certificate without
further examination to graduates of the class A normal
schools of Alabama and to the graduates of such other
institutions of higher learning in this and other states as
may maintain departments for teacher-training meeting
PUBLIC SCHOOL LAWS OF ALABAMA 33
such requirements as may be designated by the State
board of examiners; provided, that certificates shall be
issued only to such graduates of the different institu-
tions as have successfully passed a minimum number of
courses in education designated and approved by the
State board of examiners.
2. That the State board of examiners is hereby author-
ized to grant a certificate of qualification to teach in the
public schools of the State to any person holding a cer-
tificate, license, or diploma authorizing said person to
teach in the public schools of any other state; provided,
that the certificate, license, or diploma shall have been
originally issued for and in consideration of qualifications
at least equal to those required for a certificate of the
same grade in this State ; provided further, that the cer-
tificate, license or diploma shall be valid in this State
for the period for which it shall have been issued in the
State where it was originally granted and may, in the
discretion of the board of examiners, be made valid for
a shorter period. For the purpose of carrying out the
provisions of this section, it is hereby made the duty of
any county superintendent of education under such rules
and regulations as may be prescribed by the State board
of examiners, to forward to the State board of examiners
within five days after the receipt thereof, any certificate,
license, or diploma which may have been issued in any
other state and which may be placed in his hands with
an application for a certificate of qualification to teach
in this State. Said county superintendent of education
shall accompany the certificate, license, or diploma so
forwarded to the State board of examiners with any ma-
terial facts of which he may have knowledge regarding
the holder thereof. Upon receipt of the certificate, license,
or diploma and application, the State board of examiners
shall examine the same together with any facts relating
thereto or to the holder thereof, which may have come
to its notice, and shall within ten days thereafter either
issue a certificate to applicant or transmit to the county
superintendent from whom the application shall have
been received, notice that the application is denied. The
State board of examiners may, under the authority con-
2SC
34 PUBLIC SCHOOL LAWS OF ALABAMA
ferred by this section, issue a first grade certificate, a
second grade certificate, or a third grade certificate.
3. That the State board of examiners is hereby author-
ized to extend consecutively from year to year for a
period of one year at a time and for a total of not more
than four consecutive years, any first grade certificate,
any second grade certificate, or any third grade certifi-
cate; provided, that the holder of any such certificate
shall have attended some institution of higher learning
for at least six weeks and shall have pursued a course of
professional study designated and approved by the State
board of examiners during the year next preceding the
one for which extension of certificate for one year is
sought to be granted.
4. The applicant for a certificate or for the extension
of any certificate under the provisions of this act shall
pay the same fees as are now charged applicants for cer-
tificates of the same grade.
5. That section 1723 of the Code of Alabama of 1907,
as amended by section 4 of an. act approved August 21,
1909, be and the same is hereby repealed.
6. All laws or parts of laws in conflict with the provi-
sions of this act be and the same are hereby repealed.
Approved February 17, 1915.
No. 162.) AN ACT (S. 165.
To authorize the State board of examiners to issue
emergency certificates good until the July, 1919, examina-
tion.
Be it enacted by the Legislature of Alabama:
1. That, inasmuch as there is a dearth of teachers in
the State, and schools in a number of counties have been
unable to open because teachers holding State certificates
are not available, the State board of examiners is hereby
authorized, under such rules and regulations as the board
may deem right and proper, to issue emergency certifi-
cates good until the July, 1919, examination.
PUBLIC SCHOOL LAWS OF ALABAMA 35
2. That said emergency certificates shall be classified
as first, second, or third grade certificates, and the person
to whom any such emergency certificate may be issued
shall pay the same fee as for a regular certificate of cor-
responding grade.
3. That all laws or parts of laws in conflict with the
provisions of this act be and the same are hereby repealed^
Approved February 18, 1919.
CRIMINAL PROVISIONS OF PUBLIC SCHOOL LAW.
6413. Injuring or defacing public or private build--
ings, or fences thereof. — Any person who willfully in-
jures or defaces any church, or schoolhouse, or building
belonging to the State, or to any county, city, town, or
person, or writes or draws figures, letters, or characters
on the walls thereof, or on the fences or inclosures thereof,
must, on conviction, be fined not less than ten nor more
than one hundred dollars, and may also be imprisoned in
the county jail, or sentenced to hard labor for the county,
for not more than three months ; and the fine goes to the
injured party. It shall not be necessary to aver or prove
the ownership of any church or schoolhouse in prosecu-
tions under this section.
6769. Disturbing people met for school purposes or
holiday. — Any person who willfully disturbs any school,
or other assemblage of people, met for any lawful pur-
pose, or for amusement or recreation on a holiday for a
school, must, on conviction, be fined not less than five nor
more than fifty dollars.
6834. Embezzlement by u^ing school money for other
than school purposes. — Any person into whose hands, or
under whose control, any of the public school money may
come, who uses or permits the use of the same, or any
part thereof, except for purposes of the public schools,
and in accordance with the law regulating the public
schools, and providing for the disbursement of the public
86 PUBLIC SCHOOL LAWS OF ALABAMA
school money, is guilty of embezzlement, and, on convic-
tion, must be punished as if he had stolen it.
6897. Shooting, throwing missiles into, etc, dwelling
and other houses. — Any person who shoots a pistol or
other firearm or slingshot, or who throws a stone or
other missile at, into, in, through, or against a dwelling
house, schoolhouse, church building, factory, storehouse,
courthouse, or house or building used for manufacturing
purposes, or any house or building used for the assem-
blage of people for business or pleasure, shall be guilty
of a misdemeanor, and, on conviction thereof, shall be
fined not more than one thousand dollars, and may be sen-
tenced to hard labor for the county for not longer than
twelve months.
[Schoolmaster stands in loco parentis and may, in a proper case,
Inflict corporal punishment ; but is criminally liable for an abuse
of his authority. — Bovd v. State, 88 Ala. 169; McCormack v. State,
102 Ala. 156.]
7750. Stealing examination questions, penalty for. —
Any person who purloins, steals, buys, receives, sells,
gives, or offers to buy, give, or sell any examination
questions or copies thereof any examination provided
by law before the date of the examination for which they
had been prepared shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not less than one
hundred dollars, and may be sentenced to hard labor for
the county for not less than six months.
7751. Use of other than contract books in public
schools. — Any teacher who shall use or permit to be used
in his or her school any text-book upon the branches for
which text-books are adopted, where the commission has
adopted a book upon the branch, other than the one so
adopted, except supplementary books, shall be guilty of
a misdemeanor, and, upon conviction, shall be punished
by a fine of not less than ten dollars nor more than fifty
dolla,rs.
7752. Charging more than contract price for school
books. — Any local agent, dealer, clerk, or other person
PUBLIC SCHOOL LAWS OF ALABAMA 37
handling or selling the books adopted as school text-books,
who shall demand or receive for any copy of any of the
books so adopted more than the contract price, in cases
where the purchase is for cash, shall be guilty of a mis-
demeanor, and, upon conviction, shall for each offense be
punished by a fine of not less than fifty nor more than
five hundred dollars.
7753. Text-hook provisions; violation of, penalty. —
Any person or teacher violating the provisions of article
18 of chapter 41 of this Code as to text-books, shall be
guilty of a misdemeanor and, upon conviction, shall be
fined not less than ten dollars nor more than fifty dollars.
7754. Schoolho2ise warrants or proceeds, wrongful
application of; penalty. — Any person who shall knowingly
use or apply or authorize the use or application of the
proceeds, or any part thereof, of any warrant delivered
to him under article 31 of chapter 41 of this Code, for
the purpose or objects other than as required by said
articles, shall be guilty of a misdemeanor and, on convic-
tion, shall be fined not less than two hundred dollars nor
more than one thousand dollars, and may also be impris-
oned in the county jail or sentenced to hard labor for the
county for not more than six months.
7755. False or fraudulent enumeration of school chil-
dren; penalty for. — Any person appointed to make an
enumeration of the children within school age of any
public school district in this State as required by law,
who shall knowingly make a false or fraudulent enumera-
ation or report of the number of children within school
age residing in such district, shall be guilty of a misde-
meanor, and, on conviction, shall be punished by a fine
of not less than one hundred dollars nor more than five
hundred dollars, and shall also be sentenced to hard labor
for the county for not less than six months nor more than
twelve months.
38 PIBLIC SCHOOL LAWS OF ALABAMA
ARTICLE 13.
CHILDREN AND PUPILS ELIGIBLE TO PUBLIC SCHOOLS
1755. (3595) (1000) Pupils entitled to instruction
in public schools. — Every minor over the age of seven
years shall be entitled to admission into, and instruction
in any public school Of his or her own race or color in
this State.
1756. (3597) When non-residents entitled to school
privileges. — Any parent or guardian residing within the
State who shall pay a local or special tax on real estate
valued at five hundred dollars or more, in any city or
school district, shall be entitled to the privilege and bene-
fits of the public schools in such city, or school district,
for their children, the same as parents and guardians
resident therein. The provisions of the charter of any
municipality, or separate school district, in conflict here-
with, are expressly repealed.
1757. (3600) (1003) Separate schools for the two
races. — In no case shall it be lawful to unite in one school
children of the white and colored races.
No. 470.) AN ACT (H. 319.
To compel the attendance at school of children within
certain ages in the State of Alabama ; to fix exceptions to
such provisions ; to provide means for the enforcement of
this act; to require reports from private or parochial
schools; to make it unlawful for any parent, guardian,
or other person occupying the place of parent, to violate
the provisions hereof; to make it unlawful for any per-
son, firm, corporation, or association to employ any child
in violation of the provisions of this act ; and to fix punish-
ments and penalties for the violations of this act.
Be it enacted by the Legislature of Alabama:
PUBLIC SCHOOL LAWS OF ALABAMA 39
1. That on and after the first day of October, 1917,
every parent, guardian, or other person in the State of
Alabama having control or charge of any child or chil-
dren between the ages of eight and fifteen years inclusive, i
shall be required to send such child or children to a public
school or to a private, denominational, or parochial school
taught by a competent instructor, and such child or chil-
dren shall attend school for at least eighty days during ^
each and every scholastic year ; provided, that the county
board of education, or in the case of an incorporated city
or town, the city or town board of education, shall have
power to reduce the period of compulsory attendance to
not less than sixty days for any individual school; pro-
vided further, that the period of compulsory attendance
for each school shall commence at the beginning of the
school, unless otherwise ordered by the county board of
education or by the board of education of an incorporated
city or town, as the case may be.
2. That any or all children who have completed the
elementary course of study of seven grades or the equiva-
lent thereof, shall be exempt from the provisions of this
act, and in case there be no public school within two and ^
one-half miles by the nearest traveled road of any person ,
between the ages of eight and fifteen years inclusive, he
or she shall not be subject to the provisions of this act
unless public transportation within reasonable walking
distance is provided; provided further that the teacher
of any school, with the approval of the attendance officer,
shall have the authority in the exercise of a sound discre-
tion to permit the temporary absence of children from
the school, between the ages of eight and fifteen years
inclusive, in extreme cases of emergncy or domestic
necessity.
3. That any or all children who are physically or men-
tally incapacitated for the work of the school are exempt
from the provisions of this act, but the school authorities
shall have the right and they are hereby authorized when
such exemption under the provisions of this act is claimed
by any parent, guardian, or other person having control
of such child or children, to require from a practicing
physician a properly attested certificate that such child
40 PUBLIC SCHOOL LAWS OF ALABAMA
or children should not be required to attend school for
some physical or mental condition which renders his at-
tendance impractical or inexpedient.
4. That in any cases where because of extreme poverty,
J the services of such child are necessary for his own sup-
port or the support of his parents, as attested by an affi-
davit of said parents and such witnesses as the attendance
officer hereinafter provided for may require, or in any
case where such parent, guardian, or other person having
control of the child, shall show before any justice of the
peace by affidavit of himself and of such witnesses as the
attendance officer hereinafter provided for may require,
that the child is without necessary books and clothing for
attending school and that he is unable to provide the
necessary books and clothes, then said child may be ex-
cused from the provisions of this act until, through charity
or other means, books and clothing shall have been pro-
vided, and thereafter the child shall no longer be exempt
from such attendance.
5. That the county boards of education shall divide
their respective counties exclusive of all cities and towns,
into not less than one or more than five attendance dis-
tricts, and said board shall appoint an attendance officer
for every district created, who shall hold his office at the
will of the county board of education, and the boards of
education of all cities and towns shall appoint one or more
attendance officers for their respective cities and towns
to serve at the pleasure of the appointing board.
6. That at the beginning of the annual period of com-
pulsory attendance, the State superintendent of educa-
tion or the county superintendent of education, as the
case may be, shall supply to each principal teacher in each
school a list of all children between the ages of eight and
fifteen years inclusive, who shall attend such school. At
the end of the fifth day of the compulsory attendance
period of any school, the principal teacher shall report
to the attendance officer of the attendance district, the
names and addresses of all persons between the ages of
eight and fifteen years, inclusive, who have not enrolled
in said schools, and throughout the compulsory attendance
period, the principal teacher of each school shall report
PUBLIC SCHOOL LAWS OF ALABAMA 41
to the attendance officer of the attendance district the
names and addresses of all pupils between the ages of
eight and fifteen years, inclusive, who are absent for five
consecutive days and whose absence is not satisfactorily
explained by the parent, guardian, or other person having
control of the child.
7. That it shall be the duty of the attendance officer to
investigate all cases of non-enrollment and non-attend-
ance reported to him in accordance with section 6. In
all cases investigated where no valid reason for non-en-
rollment or non-attendance is found, it shall be the duty
of the attendance officer to give written notice to the
parent, guardian, or other person having control of the
child, and in the event of the absence of the parent,
guardian, or other person having control of the child,
from his or her usual place of residence, the attendance
officer shall leave a copy of the notice with some person
over twelve years of age residing at the usual place of
residence, with instructions to hand such notice to such
parent, guardian, or other person having control of such
child, which notice shall require the attendance of said
child at such school within three days from date of said
notice.
8. That if within three days from date of service of
the notice, the parent, guardian, or other person having
control of the child, does not comply with the provisions
of this act, then the attendance officer shall make com-
plaint in the name of the State of Alabama against such
parent, guardian or other person having control of such
child, in a court of record of such county, which court is
hereby clothed with jurisdiction over all offenders and
the proceedings under this act, with full power to hear
and try all complaints, impose fines, enforce their collec-
tion, by imprisonment if necessary, and fully execute the
provisions of this act.
9. That it shall be unlawful for any merchant, cor-
poration, company, or other person, without the written
permit of the county board of education or the board of
education of any incorporated city or town, as the case
may be, to employ during school hours any child between
the ages of eight and fifteen years, inclusive, unless such
sy
42 PUBLIC SCHOOL LAWS OF ALABAMA
child is exempt under the provisions of sections 2, 3, or 4
of this act ; provided, that any parent, guardian, or other
person having control of such child delinquent in school
attendance, or any merchant, corporation, company, or
other person violating the provisions of this act, shall be
guilty of a misdemeanor and shall be fined in a sum not
less than five dollars nor more than fifty dollars, and may
be committed to the county jail for a term of not to exceed
thirty days ; provided, that all fines collected shall be paid
into the county treasury; provided further, that it is
hereby made the duty of all city attorneys in their respec-
tive cities, and all county and circuit solicitors for the
districts of their respective counties and for such incor-
porated cities and towns as do not employ a city attorney,
to prosecute all complaints filed and actions brought under
this act.
10. All school officers, including those in private, de-
nominational, or parochial schools in this State, offering
instructions to pupils within the compulsory attendance
ages, are hereby required to make and furnish all reports
that may be required by the State superintendent of edu-
cation and by the county superintendent of education or
.by the board of education of any incorporated city or
town, with reference to the workings of this act. Every
teacher employed in the public schools of the State of
Alabama is hereby required, before receiving each month's
salary, to make a report to the county superintendent
of education, or to the superintendent or principal of an
incorporated city or town in which he may be employed,
showing the names and addresses of all pupils who have
been truant or habitually absent from school during the
previous month, and stating the reasons for such truancy
or habitual absence, if known; provided, that all such
cases of said truancy shall be brought to the notice of
the attendance officer by the county superintendent or by
the superintendent or principal of the school in any incor-
porated city or town, as the case may be, and the same
shall be investigated by said officer.
11. That in case that any pupil has become habitually
truant or a menace to the best interests of the school
which he is attending or should attend, then it shall be
PUBLIC SCHOOL LAWS OF ALABAMA 43
the duty of the attendance officer to report such fact and
condition to the parent, guardian, or other person having
control of such child, who shall be held liable under the
provisions of this act for the regular attendance and good
conduct of such child, unless such parent, guardian, or
other person having control of such child shall state in
writing to the attendance officer that he or she is unable
to control such child, whereupon said attendance officer
shall proceed against such incorrigible pupil as a disor-
derly person before a court of competent jurisdiction, and
said child upon conviction may be sentenced, if a white
boy, to the Alabama Boys' Industrial School ; or if a white
girl, to the Mercy Home and Industrial School; or if a
negro boy, to the Alabama Reform School for Juvenile
Negro Law-Breakers ; or if a negro girl, to such custodial
institutions in the State as the judge may designate and
for such time as the court may decide ; provided, that the
maintenance of such child in the institution shall be paid
as the law provides for -the maintenance of such as are
committed to the aforesaid institutions, and in all cases
where a child is so committed, it shall be placed in charge
of some suitable person designated by the court and con-
veyed under his direction to the designated institution,
and the actual necessary expenses thereby incurred shall
be paid by the board of county commissioners or the
county board of revenue; provided, that a woman shall
always be sent to accompany girls so committed.
12. That the attendance officer, whose appointment is
by this act provided for, shall keep an accurate record
of all notices served, all cases prosecuted, and all other
services performed, and shall make an annual report of
the same to the county board of education, or in the case
of an incorporated city or town, to the city or town board
of education by whom he is employed. Said attendance
officers who are appointed by the county board of educa-
tion shall receive from the county treasury not more than
three dollars for each day of actual service, and the at-
tendance officers appointed by the board of education of
any incorporated city or town shall receive from the treas-
ury of said city or town not more than three dollars for
each day of actual service. Said attendance officers shall
44 PUBLIC SCHOOL LAWS OF ALABAMA
be paid as other employees of the county or of the incor-
porated cities or towns, as the case may be, are paid;
provided, that no attendance officer shall receive any com-
pensation under the provisions of this act until he shall
have filed an itemized statement of the time employed
in such service and until the same shall have been certified
to by the county superintendent of education, or by the
secretary of the board of education in an incorporated city
or town, as the case may be, in which said attendance
officer is employed, provided further, that no attendance
officer shall be paid for more days service in any one year
than the number of days the school is in session that year.
13. That in order that the provisions of this act may
be more definitely enforced, the county superintendent of
education shall, not later than ten days before the com-
pulsory attendance term, furnish to each principal teacher
of a rural school, and to the superintendent or principal
of the school or schools in any incorporated city or town,
a list of all the children from eight to fifteen years of age,
inclusive, who should attend the school or schools under
the charge of the said principal teacher of a rural school,
or of the superintendent or principal of a school or schools
in any incorporated city or town, as the case may be,
giving the name, date of birth, age, sex, race, and esti-
mated distance from the schoolhouse by the nearest trav-
eled road, the name and address of parents, guardian, or
other person in parental relationship.
14. That the information required under section 13
shall be prepared by the county superintendent of educa-
tion during the even numbered years, from the census
booklets on file in his office, and in the odd numbered
years, it shall be prepared by the county superintendent
of education by correcting and supplementing the list
prepared and furnished by him the preceding year; and
to this end the district trustee or trustees of any rural
school, and the secretary of the board of education in
any incorporated city or town, shall furnish to the county
superintendent of education on or before the fifteenth
day of August of each odd numbered year, a list of all
pupils who have removed from the bounds of the school
or schools, as the case may be, and an additional list giv-
PUBLIC SCHOOL LAWS OF ALABAMA 45
ing the name, date of birth, age, sex, race, and estimated
distance from the schoolhouse by the nearest traveled
road, and the name and address of the parent, guardian,
or other person in parental relationship of those pupils
who have moved within the bounds of the school or have
become eight years of ace since the last school census.
Approved September 15, 1915.
No. 221.) AN ACT (S. 170.
To require private, denominational, and parochial
schools to make school reports.
Be it enacted by the Legislature of Alabama:
1, That all private, denominational and parochial
schools, or private, denominational and parochial institu-
tions of any kind having a school in connection therewith,
shall be required to report on uniform blanks furnished
by the State superintendent of education, and at the time
for making such reports, such statistics as relate to the
number of pupils and instructors, enrollment, attendance,
course of study, length of term, cost of tuition, funds,
value of property, and the general condition of the school.
2. All private, denominational or parochial schools
offering instruction within the compulsory attendance
ages shall keep all records and make all reports that may
be required in any compulsory attendance law now in
force or that may hereafter be enacted in the State of
Alabama, and no pupil attending any private, denomina-
tional, or parochial school which fails to comply with
the requirements of this act shall be considered to have
met the legal requirements of such compulsory attendance
law.
Approved August 16, 1915.
46 PUBLIC SCHOOL LAWS OF ALABAMA
ARTICLE 14.
EXAMINATIONS IN PUBLIC SCHOOLS.
1758. (3599) (1002) Public examinations, and cer-
tificates to pupils. — Public examinations must be held in
the public schools at least once in every year; and when
the board of education shall be satisfied that any pupil
has become thoroughly educated in all the branches of
free instruction in any one of such schools, they shall
give to him or her a certificate to that effect.
ARTICLE 15.
SCHOLASTIC PERIODS.
1759. (3598) (1001) Scholastic periods,— The scho-
lastic year shall begin on the first day of October of each
year, and end on the thirtieth day of September of the
following year; twenty days shall constitute a school
month, and a school day shall be not less than six hours.
ARTICLE 16.
APPORTIONMENT OF SCHOOL FUNDS; DISBURSEMENT
1760. (3601) (1004) State auditor certifies amount
of educational fund; superintendent apportions. — On the
first day of October of each year, or as soon thereafter as
practicable, the State auditor shall certify to the superin-
tendent of education the amount of money which has
accrued and been placed by him to the credit of the edu-
cational fund for the scholastic year commencing on that
day, stating specifically the amount derived from each
source, and any unexpended balance there may be from
the appropriation of the previous year to be carried for-
ward; and the amount so certified shall be apportioned
by the superintendent of education, and be drawn and dis-
l)ursed as provided by law.
PUBLIC SCHOOL LAWS OF ALABAMA 4T
1761. (3602, 3605) (1005, 1008) Contingent ex-
penses and amount for normal schools set apart; residue
apportioned. — As soon as such certificate is received by
the superintendent of education, he shall set apart the
following amounts for normal schools, to-wit: For the
normal schools at Florence, Troy, Jacksonville and at
Livington, twenty thousand dollars each; and for the
normal schools at Moundville and Daphne, five thousand
dollars each; and for other normal schools, such sums
as are provided by law, and he shall then apportion all the
remainder of such funds, as far as practicable, among
the several counties in the State in proportion to the
number of school children of school age therein, according
to the latest returns of enumeration of school population
of the counties which have been made to his office, but if
such enumerations have not been made as provided by
law, or have not been reported to him by the county
superintendent of education, and the superintendent of
education has not caused a new enumeration to be made,
he shall then apportion to each county according to the
best information he can obtain of the entire number of
children of school age in such counties, but in no event
shall he, in case of such failure to enumerate or report
all the children of school age in the respective counties,
estimate the school population of any county at more
than the last official report to his office.
1762. (363) (1006) Amounts apportioned certified
to auditor; no wan-ants drawn in excess; balance unap-^
portioned certified to treasurer. — As soon as such amounts
have seen set apart, and such apportionment has been
made, the superintendent of education shall certify to
the State auditor the amount set apart for each particular
purpose or appropriation, and the total amount of the ap-
portionment to the several counties, and the State auditor
shall see that no warrants are drawn against the educa-
tional fund, for any purpose, for any amount in excess
of the amounts so certified as set apart and apportioned ;
and he shall certify to the State treasurer the amount of
the school revenue, exclusive of poll tax, unapportioned
by the superintendent of education, and the treasurer
48 PUBLIC SCHOOL LAWS OF ALABAMA
shall set apart the amount out of any money received from
the taxes of the current year, and he shall keep the
same separate and apart from all other revenues, and
shall not pay out any of such money except upon warrants
for school purposes.
1763. Superintendent must certify and report amount
of school fund apportioned to the several counties to the
county superintendents of education. — As soon as prac-
ticable after the superintendent of education has appor-
tioned to the several counties the amount of school funds
in proportion to the number of school children of school
age therein, he shall certify and report the amount to the
respective county superintendents of education, or to the
county board of education in case there is no county su-
perintendent of education, taking their receipts for such
amounts so certified.
1764. (3604) (1007) Interest on sixteenth-section
or other trust fund first set apart; effect of apportion-
ment. — In making the apportionment of school money to
the several districts, the superintendent of education shall
first set' apart to each township or other school district
the amount due from the State thereto as interest on its
sixteenth-section fund, or other trust fund, held by the
State; and all townships or school districts, having an
income from such source, or from the lease or sale of
sixteenth-section lands, shall not receive anything out
of the balance of the educational fund to be apportioned,
until all other townships or school districts, having no
trust fund shall have received from the general fund
such amount as will give them an equal per capita appor-
tionment with the townships or districts having such
income.
1765. Apportionment of school funds to school dis-
tricts of the several counties. — As soon as practicable
after the superintendent of education has apportioned
the school funds to the several counties and has certified
the same to the county superintendents of education, the
county boards of education shall apportion the funds
PUBLIC SCHOOL LAWS OF ALABAMA 49
awarded to their county to the several school districts in
their counties, so as to provide, as nearly as practicable,
school terms of equal duration in such school districts.
1766. Report of apportionment by county hoards of
education to supe7'intendent of education. — As soon as
practicable after the county boards of education have
apportioned the school funds of their country for any
scholastic year to the several school districts, they shall
report in writing their proceedings to the superintendent
of education, showing the amounts apportioned to the
several school districts.
1767. County boards must keep record of apportion-
ment. — County boards of education must keep a record
of each and every apportionment of school funds of their
counties to the several school districts.
1768. (3606) (1009) Apportionment recorded, and
certified to county superintendents; when contracts for
school invalid. — As soon as such apportionment is com-
pleted, the superintendent of education shall have the
same recorded in his office, in books kept for that pur-
pose, showing the amount which has been apportioned
to each district, and the sources from which the same
was derived, the amount to each district, and the number
of children in the district upon which the apportionment
was based; and he shall then furnish to each county su-
perintendent of education a certified copy from such
books, showing the dividends of the educational fund to
each township or district under the latter's supervision;
and the amount so divided and certified shall be the total
amount which each of said school districts shall be en-
titled to receive from the State, except the poll tax, during
the current scholastic year; and no contract to pay any
school or schools, for any district more than the amount
thus apportioned to it, together with such poll tax as it
may receive, and such funds as may be in hand from any
previous year, shall be valid against the State or town-
ship.
50 PUBLIC SCHOOL LAWS OF ALABAMA
1769. (3607) (1010) Poll tax received by each courts
ty. — Each county shall receive as school money all the
poll tax collected therein ; and the same shall be its full
distributive share of the aggregate poll tax collected in
this State.
(See section 2199 of the Code.)
1770. (3609) (1012) Amounts due each county ap^
portioned and certified to auditor. — The superintendent
of education shall, by the tenth day of October in each
year, or as soon thereafter as practicable, apportion to
every county the amount of school money such county
will be entitled to receive for the scholastic year from all
sources except such special tax, if any, levied for school
purposes in any county ; and he shall certify the same to
the State auditor.
1776.* (3617) (1016) Apportionment and expendu.
ture of local school money. — All local school funds raised
for the support of public schools by taxation or other-
wise shall be apportioned and expended in the district or
districts or counties in which the same Were raised, under
such rules and regulations as the district trustees, or other
local authority provided by law, may prescribe; but this
section shall not be construed to repeal any provision for
the apportionment and disbursement of money mentioned
in this chapter, or provided for in special or local laws;
and all funds contributed by persons, or otherwise, to
such district, shall be applied as indicated in the grant
from such contributors ; and no school moneys distributed
to the various counties from the State school revenue shall,
either directly or indirectly, be paid for the erection of
schoolhouses, for the use of schoolroom furniture, or any
other contingent expenses of schools.
1777. (3618) (1017) Apportionment of income from
trv^t fund when township divided. — Whenever a town-
ship or district which has an income from a trust fund
is divided by a State or county line, or otherwise, into
♦See law for local taxation at end of article 16, page 52.
PUBLIC SCHOOL LAWS OF ALABAMA 51
separate districts, or includes a city which is a separate
school district, such income must be divided between and
apportioned to each school district in such township or
district, according to the school population of each.
1778. (3620) (1019) Fund once apportioned, not
used for other purposes until reapportioned. — Funds
which have accrued and have been apportioned to any
district or race shall not be used for the benefit of any
other district or race until the same shall have been re-
apportioned under the provisions of this Code.
1779. (3621) (1020) What part of income new dis-
tricts are entitled to. — Whenever any separate school dis-
trict is created, which shall embrace parts of two or
more districts, such district shall receive its proportion-
ate share of the income from any trust fund belonging to
either or both of such districts, according to its school
population.
1780. (3622) (1021) Contingent fund for depart-
ment of education. — The State treasurer shall annually
set apart, out of any money in the treasury, the sum of
three thousand dollars as a contingent fund for the de-
partment of education; and whenever it shall become
necessary to draw on such fund, the superintendent of
education shall certify the amount necessary, and for
what purpose, to the auditor, who shall draw his warrant
on the treasurer for such amount. The superintendent
of education shall keep an accurate account of all sums
which he shall certify to be paid out of such contingent
fund, and shall furnish an itemized statement thereof to
the governor each year, with his annual report. Out of
this fund the superintendent of education shall also pro-
vide plans, specifications and blue prints for the use of
such rural school districts as may desire to erect, with
State aid, new school buildings.
52 PUBLIC SCHOOL LAWS OF ALABAMA
No ) AN ACT (S. 82.
To provide for elections to authorize any county in the
State to levy and collect a special county tax for public
schools not to exceed thirty (30) cents on each one hun-
dred dollars ($100) w^orth of taxable property in such
county ; to authorize any school district, in any county that
may be levying special county taxes for school purposes of
not less than thirty (30) cents on each one hundred dol-
lars ($100) w^orth of taxable property in such county, to
levy a special district tax for school purposes not to ex-
ceed thirty (30) cents on each one hundred dollars ($100)
dollars w^orth of taxable property in such school district ;
and to authorize boards of education to issue interest-
bearing warrants to erect, repair and equip school build-
ings and to otherwise improve school facilities.
Be it enacted by the Legislature of Alabama:
1. That upon a petition signed by two hundred or more
qualified electors of any county, to the court of county
commissioners or other governing body, in any county
within the State of Alabama, said court of county com-
missioners or other governing body shall order an election
to be held at the time specified in said petition to deter-
mine whether or not a special tax shall be levied for
public school purposes within said county and upon re-
quest of the county board of education or of the board of
education of any city of 2,000 or more inhabitants as the
case may be, to the court of county commissioners or
other governing body, said court shall order an election
to be held at the time requested by the said board of edu-
cation to determine whether or not a special tax shall be
levied for public school purposes within any school dis-
trict in any county under the control of such board ; pro-
vided that no election in any school district shall be held
for the purpose of levying and collecting a special school
tax for school purposes unless the county in which said
district is located shall be levying and collecting special
county taxes for school purposes of not less than thirty
(30) cents on each one hundred ($100) dollars worth of
taxable property in such county. The sheriff must give
PUBLIC SCHOOL LAWS OF ALABAMA 53
notice at least thirty days before any election to be held
under this act by publication in some newspaper in the
county, if any is published therein, and if not, by writing
posted at the courthouse door and at three other public
places in the county of the time of holding, and when any
election is to be held for a special tax for school purposes
in any school district, written notice shall be posted in
three public places within said district thirty days prior
to said election. Said publications, both for special coun-
ty and district elections for school purposes shall show
the rate of such proposed tax, the time it is proposed to
be continued, and the purpose for which the levy is pro-
posed to be made.
2. That the inspectors and officers of the special county
election shall be appointed and such election shall be
held, and the results of such election shall be declared in
the same manner and by the same officers as the results of
the regular election for county officers under the general
election laws of the State ; provided that the election may
be held at the time for holding any regular election in
the county, and if held at such time the inspectors and
officers of the general election shall conduct at the same
time the election herein provided for, and for such serv-
ices they shall receive no compensation other than that
allowed them for the holding of the general election ; but
if the election is held at some other time than that of
holding the regular election within the county, then the
election officers shall receive the same pay as that for
holding a general election.
3. That upon a written request of the county board of
education or of the board of education of any city of 2,000
or more inhabitants for a special election in any school
district under the control of such board, the court of
county commissioners or other governing body shall call
an election at the time and for the district as requested by
the said board of education, and shall appoint three man-
agers and one returning officer for each voting place in
the school district, to conduct and make return of such
election in the school district, and in the event such elec-
tion officers fail to appear at the polling place to which
they are appointed, the officer or. officers who do appear
64 PUBLIC SCHOOL LAWS OF ALABAMA
shall appoint some one to take their places; provided;
that all election officers shall be qualified electors of the
district in which they serve ; and it shall be the duty of the
sheriff to notify all officers of their appointment by the
court of county commissioners or other governing body.
The managers of such election shall open the polls at eight
o'clock a. m., and close the same at five o'clock p. m., on
the day of the election, and immediately after closing the
polls, shall ascertain the results of the election at their
respective voting places and make returns of the same to
the court of county commissioners or other governing
body of the county, and deliver the ballot-boxes containing
the returns with the polling-lists, tally-sheets, and other
necessary papers, to the returning officers of such voting
places, who shall deliver the same to the court of county
commissioners, or other governing body, on or before
noon of the second day after said election. The court of
county commissioners or other governing body, shall
within four days after said election, canvass the returns
so made and under oath make a written report declaring
the result of said election in said school district, showing
the number of votes cast both for and against the pro-
posed taxation. A copy of such report shall be printed in
some newspaper published in the county, and the original
shall be filed in the office of the probate judge. Except
as otherwise provided herein, said election shall be held
under the general laws of the State. The officers, includ-
ing the sheriff, shall perform the same duties and receive
the same pay as provided for under the general election
laws aforesaid; and all costs and fees of said election
shall be paid out of the county treasury.
4. That in order to make it possible to work out a sys-
tem of local tax units adapted to the needs of the whole
county, the county board of education may of its own
initiative, fix the boundaries of any school district in
which it is proposed to levy a local school tax. In making-
application for a special election in any such district as
provided in section 3 of this act, the county board of
education shall submit a map made by the county surveyor
or other competent person showing the boundaries of the
school district for which the special tax levy is proposed,
PUBLIC SCHOOL LAWS OF ALABAMA 55
indicating the section or sections, townships and ranges,
together with a correct description of the boundaries of
said district. This map shall also show the location of
public utilities such as power plants, railroad, telephone
and telegraph lines, if any, in such district, and the rail-
road mileage for each and every corporation having prop-
erty therein. The county superintendent shall include a
full and correct description of such boundaries in the
minutes of the county board of education and shall also
furnish a full and correct description of such boundaries
to the State department of education, to the State board of
equalization and to the probate judge of the county who
shall record the same in a book to be kept by him for that
purpose, provided that the tax levy in any district already
voted is hereby confirmed, but it is made the duty of the
county board of education to have a proper map of such
district made and recorded as herein provided; provided
further, that the levy of a district school tax shall operate
to fix the boundaries of such district for the time of such
special levy, except as hereafter provided; and provided
further that any city of 2,000 or more inhabitants shall
constitute an independent school district for the purpose
of levying the tax authorized under this act.
5. That when it shall seem desirable to enlarge any
special tax district, by consolidating with it any adjacent
school territory or district which may, or may not, be
levying any special school tax, the county board of educa-
cation may petition the court of county commissioners or
other governing body, to call an election in all of the dis-
tricts concerned including the special tax district pro-
posed to be enlarged, to determine whether a special tax
for a uniform rate and time shall be voted in each and
every one of the districts, provided that the proposed
rate and time shall not be less than the maximum rate in
any district or the maximum time in any district. There-
upon the said board of county commissioners or other
governing body shall call an election in like manner as
already prescribed in section three of this act, in the
several districts proposed to be consolidated and if a
majority of the qualified electors in each and all of the
districts proposed to be consolidated shall vote favorably,
56 PUBLIC SCHOOL LAWS OF ALABAMA
the districts shall be consolidated into a new district and
the tax as voted shall be levied and collected in the new
district as a unit, but the creation of the new ristrict
shall not operate to relieve the county board of education
of responsibility and liability for the just obligations of
each and all of the districts so consolidated and made
prior to such consolidation ; provided that in the event a
majority of the qualified voters in any of the districts
proposed to be consolidated shall vote against the pro-
posed consolidation, then said consolidation shall not be
made and each district shall remain as before and with
the same taxing privilege.
6. That the board of education of any county which is
levying a county tax for school purposes under the provi-
sions of this act, in order to erect, repair or equip school-
houses or to make other improvements in the school facili-
ties of the county is hereby authorized to issue interest-
bearing warrants at a rate not to exceed 6 per cent per
annum, for a term not to exceed the time the said special
tax lexy has been voted for said county, and for an
amount, including interest, not to exceed the income
from said levy ; and the board of education of any county
or of any city of 2,000 or more inhabitants, in order to
erect, repair or equip a schoolbuilding or to make improve-
ments in the school facilities of any school district under
its control which may be levying a special district tax
for school purposes is hereby authorized to issue interest-
bearing warrants at a rate not to exceed 6 per cent per
annum, for a term not to exceed the time the said tax has
been voted in said district, and for an amount, including
interest, not to exceed the income from said tax levy;
provided, that said interest-bearing warrants issued in
accordance with the provisions of this act shall be a pre-
ferred claim upon the proceeds of the tax levy in said
county or in said school district, as the case may be.
7. That when any election is to be held in any county
or in any school district, under the provisions of this act,
the court of county commissioners or other governing
body, shall provide the necessary number of ballots, poll-
ing-lists, tally-sheets, ballot-boxes, booths, instructions for
holding the election, and all other necessary and proper
PUBLIC SCHOOL LAWS OF ALABAMA 57
stationery for holding said election ; and the sheriff shall
see that the same are delivered to the managers before
the day of the election. The ballots usd in said election
shall have printed at the top of such ballot the rate of
such proposed tax, the time it is proposed to be continued,
and that it is to be used for public school purposes, and
directly underneath in plain type shall be printed on dif-
ferent lines the words, "For Proposed Taxation,"
"Against Proposed Taxation," and a blank must be left
directly to the left of each line thereof, and the voters
favoring the proposed taxation will make a cross-mark
directly to the left of the line "For Proposed Taxation,"
and the voters not in favor of the proposed taxation will
make a cross-mark directly to the left of the line "Against
Proposed Taxation," and if it appears as the result of
such election that a majority of those voting in said elec-
tion have voted for such taxation, the court of county
commissioners or other governing body, shall levy said
special tax and cause the tax assessor to assess the same
on the taxable property in said county, or in said school
district, as the case may be, which shall not exceed thirty
(30) cents on each one hundred dollars ($100) worth
of taxable property in said county or in said school dis-
trict, as the case may be; provided that any special tax
levied under the provisions of this act shall not be for a
shorter term than two years.
8. That whenever such a levy as is provided for in this
act is made, it shall be the duty of the tax collector within
and for that county to collect such a tax in the same man-
ner and under the same requirements and laws as the
taxes of the State are collected, and he shall keep said
amount separate and apart from all other funds and keep
a clear and distinct account thereof showing what amount
is paid and turn the same over to the county treasurer of
public school funds, whose duty it shall be to receipt there-
for and pay out the same on monthly pay-rolls with the
authority and approval of the county board of educa-
tion, upon uniform blanks prescribed by the State super-
intendent of education; provided that the funds arising
from levying the special tax for school purposes in any
school district, shall be used for the exclusive benefit of
58 PUBLIC SCHOOL LAWS OF ALABAMA
the public schools of such district; and in the case of
incorporated cities of 2,000 or more inhabitants, shall be
paid over by the tax collector to the treasurer of said
incorporated city, to be used for the exclusive benefit
thereof in accordance with the law ; provided, that in the
event an incorporated town located in a special school
tax district comprising said town and territory contiguous
thereto, should attain a population of 2,000 as evidenced
by an official census taken at the time of the regular
biennial census of school population, then the government
and control of the schools of said town and contiguous
territory shall pass from the county board of education
to the board of education of said city or town for the un-
expired period of any special school tax levy for such
district which may have been in effect at the time said
city or town attained a population of 2,000 or more
inhabitants, and the funds arising from such school tax
levy in said district shall be paid over by the tax collector
to the treasurer of said county or town and paid out by
him on authority of the city board of education for the
benefit of the schools of the entire district without regard
to the corporate lines.
9. That all persons who are at the time of such election
qualified electors in the county where such election is
held, or in such school district where such election is held,
under the' laws and Constitution of Alabama then in
existence, shall be qualified electors to participate therein.
10. That all laws and parts of laws in conflict with the
provisions of this act be and the same are hereby repealed.
11. That this act shall take effect upon its passage and
approval by the governor.
Approved February 13th, 1919.
ARTICLE 19.
ELECTION FOR SPECIAL TAX FOR PUBLIC SCHOOLS.
ORIGINAL CONSTITUTIONAL ONE-MILL TAX.
1851. Petition for call for election. — Upon a petition
signed by two hundred or more qualified electors of the
PUBLIC SCHOOL LAWS OF ALABAMA B»
county who are also freeholders, to the court of county
commissioners, or court of like jurisdiction in any county
within the State of Alabama, the said court shall order
an election to determine whether or not a special tax
shall be levied for the support of the public schools within
said county as hereinafter provided; but only one such
election shall be held in any two years.
1852. Notice and publication. — There shall be made
publication of the same in some newspaper within the
county, which publication shall show the rate of such
proposed tax, the time it is proposed to be continued, and
the purpose for which the levy is proposed to be made.
1853. Managers and officers of election as in general
election. — The inspectors and officers of the election shall
be appointed and such elections shall be held and the result
of said elections shall be declared in the same manner and
by the same officers as is the result of the regular elections
for county officers under the general laws of the State.
1854. Qimlified electors, etc. — All persons who are at
the time of such election qualified electors in the county
where such election is held under the laws and Constitu-
tion of Alabama then in existence, shall be qualified elec-
tors to participate therein.
1855. Ballot; form and manner of voting. — The court
of county commissioners, or court of like jurisdiction,
shall provide a sufficient number of ballots for each
voting precinct within said county, and at the top of each
ballot shall be printed the rate of such proposed tax, the
time it is to be continued, and that the purpose is for the
support of the public schools, and directly underneath in
plain type shall be printed on different lines the words,
"For proposed taxation," "Against proposed taxation,"
and a place must be left directly to the left of each line
thereof, and the voters favoring the proposed taxation
will make a cross mark directly to the left of the line "For
proposed taxation," and the voter not favoring proposed
taxation will make a cross mark directly to the left of
the line "Against proposed taxation."
60 PUBLIC SCHOOL LAWS OF ALABAMA
1856. Special tax levied and assessed. — If three-fifths
of those voting at said election have voted for the pro-
posed taxation, the court of county commissioners, or
court of like jurisdiction, shall levy said special tax, and
cause the tax assessor to assess the same on the taxable
property in said county, which shall not exceed ten cents
on each one hundred dollars of taxable property in said
county ; but the rate of such special tax shall not increase
the rate of taxation. State and county combined, in any
one year, to more than one dollar and twenty-five cents
on each one hundred dollars of taxable property in said
county, but all special county taxes for public buildings,
roads, bridges, and the payment of debts existing at the
ratification of the Constitution of 1875 shall not be in-
cluded in the aforesaid one dollar and twenty-five cents on
the hundred dollars of taxable property.
1857. Time tax continues. — The time such special tax
may continue shall not be less than two years.
1858. Tax; how collected and disbursed. — The tax col-
lector shall collect such special tax in the same manner and
under the same requirements and laws as taxes of the
State are collected, and shall keep said amount separate
and apart from all other funds, and keep a clear and dis-
tinct account thereof, showing what amount is paid by
the negro race and what amount is paid by the white race,
and turn the same over to the county superintendent of
education, whose duty it shall be to receipt therefor and
apportion the same to the various schools throughout the
county in the same manner as the general school funds
from the State are apportioned in said county ; provided,
that the school terms of the respective schools shall be
extended by such supplement as nearly the same length
of time as practicable.
1859. Election held at time for general election; costs
of such election. — The election hereinbefore provided for
may be had at the time of holding any regular election
within the county, and if held at such time the inspectors
and officers of the general election shall conduct at the
PUBLIC SCHOOL LAWS OF ALABAMA 61
same time the election herein provided for ; and for such
services they shall receive no compensation other than
that allowed them for the holding of the general election ;
but if such an election is had at any other time than that
of holding a regular election within the county, then the
election officers shall receive the same pay as that for
holding a general election.
1860. Compensation of tax collector, tax assessor, and
county superintendent of education. — The tax collector,
tax assessor, and county superintendent of education shall
receive for the services required of them under the provi-
sions of this article the same per cent of the funds han-
dled as they receive for like services as to general taxes.
No. 672.) AN ACT (H. 1397.
To make an annual appropriation for any county that
may be levying and collecting a special county school tax
during any scholastic year, and to provide for the expendi-
ture of the fund set apart for any county by the county
board of education.
Be it enacted by the Legislature of Alabama:
1. That for the school year beginning October 1, 1915,
and for each and every year thereafter there is hereby
appropriated out of any funds in the State treasury not
otherwise expended, the sum of one thousand ($1,000)
dollars to each and every county in the State that may
be levying and collecting for such school year a one-mill
special county school tax.
2. That for the school year beginning October 1, 1917,
and for each and every year thereafter, there is hereby
appropriated out of any funds in the State treasury not
otherwise expended the sum of two thousand ($2,000)
dollars to each and every county in the State that may be
levying and collecting for such school year a two-mill
special county school tax. Provided that any county re-
ceiving the benefit of section two of this act shall not be
entitled to share under section one of this act.
62 PUBLIC SCHOOL LAWS OF ALABAMA
3. That for the school year beginning October 1, 1917^
and for each and every year thereafter, there is hereby
appropriated out of any funds in the State treasury not
otherwise expended, the sum of three thousand ($3,000)
dollars to each and every county in the State that may be
levying and collecting for such school year three-mill
special county school tax. Provided that any county re-^
ceiving the benefit of section three of this act shall not be
entitled to share under sections one and two of this act.
4. That at the beginning of the school year October 1,
1915, and each and every school year thereafter, the State
superintendent of education shall certify to the State
auditor the name and amount to be placed to the credit of
each and every county under the provisions of this act,
and the auditor shall upon request of the State superin-
tendent of education, draw his warrant upon the State
treasurer in favor of the county treasurer of school funds-
of the county for the amount so certified by the State
superintendent of education in accordance with this act.
5. That the funds so set apart for any county shall be
expended by the county board of education of any county
entitled to receive the benefits of this act, as in the opinion
of said county board will best promote the cause of educa-
tion in said county.
6. That all laws and parts of laws in conflict with the
provisions of this act be and the same are hereby repealed.^
Approved September 23, 1915.
ARTICLE 17.
SCHOOL LANDS; LEASE AND SALE
1781. (3625) (1023) (962) (575) (501) What are
school lands, and in whom vested. — School lands, within
the meaning of this Code, are sections numbered sixteen,
in every township granted by the United States for the
use of schools in the township, and such other lands as
may have been granted to any township or district for
the use of schools ; and all school lands are vested in the
State in trust to execute the objects of the grant.
(Note. — This article makes sales of sixteenth section,
and indemnity lands uniform.)
PUBLIC SCHOOL LAWS OF ALABAMA 63
No. 195.) AN ACT (H. 646.
To amend section 1782 of the Code of Alabama, 1907
(relates to sale of school and indemnity lands).
Be it enacted by the Legislature of Alabama:
1. Amend section 1782 of the Code of Alabama, 1907,
so as to read as follows : 1782 (3661) Sale of school and
indemnity lands authorized. — The superintendent of edu-
cation is authorized and empowered to sell and dispose
of all school lands or any part of the timber thereon, to-
gether with those which have been heretofore or may
hereafter be certified to the State for the use and benefit
of the several townships or districts in which was a defi-
ciency in the amount of land originally certified to the
State for their benefit, subject to the approval of the
governor.
. Approved August 2, 1915.
1782. (3661) Sale of school and indemnity lands au-
thorized. — The superintendent of education is authorized
and empowered to sell and dispose of all school lands, to-
gether with those which have been heretofore or may
hereafter be certified to the State for the use and benefit
of the several townships or districts in which was a defi-
ciency in the amount of land originally certified to the
State for their benefit, subject to the approval of the
governor.
1783. Consent of inhabitants of township or district
to sale of land. — No school lands, except indemnity lands,
shall be sold without the consent of the inhabitants of
the township or district in which such lands are located.
Said consent to be obtained and shown by a petition in
writing addressed to the superintendent of education
requesting and consenting to the sale of such lands signed
hy a majority of the legally qualified voters of the town-
ship or district, which petition must be verified by the
affidavit of at least three of the signers, that a majority
of the inhabitants of the township or district in which
the lands are situated desire a sale thereof and that the
64 PUBLIC SCHOOL LAWS OF ALABAMA
persons making and signing said petition constitute a
majority of the qualified electors residing in said town-
ship or district.
1784. (3646) (1044) (986) (607) (537) Resale
of lands. — If any purchaser fails to make the payment^
or gives his notes with approved securities, and secured
by a mortgage on the land, as required, the land bid off
by him must be immediately resold, if practicable, but if
not practicable to make the resale at once, it must be re-
sold at a future day, as if no sale had been made ; and the
first purchaser shall be responsible for the difference be-
tween his bid and the amount for which the land is- sub-
sequently sold, if such amount is less than the bid of such
first purchaser.
1785. (3668) Proceeds of sale; how disposed of. —
The proceeds arising from such sales, after the payment
of all proper costs and expenses thereof, shall be, by the
saperintendent of education, paid into the State treasury
to the credit of the counties, townships, or school districts
to which the same may belong in the proportion of their
interests therein, so as to carry out the object and pur-
poses of the original grants, gifts, or laws by which such
lands were acquired for school purposes, as nearly as
practicable under the existing school laws.
1786. (3663) Notes taken by superintendent of edu-
cation held until paid; when placed with the attorney
general. — All notes taken by the superintendent of edu-
cation for the purchase of such lands must be secured
by mortgage and must be held by him until the same are
due, and if not then paid, may be placed with the attorney
general for collection.
1787. (3664) Manner and terms of sale. — Such sales
may be made from time to time, at public or private sale,
as in the judgment of the superintendent of education
shall best promote the interests of the school fund
of the State, and shall be for cash, or part cash and part
on time, as the superintendent of education and the gov-
PUBLIC SCHOOL LAWS OF ALABAMA 65
ernor may deem best; but in no case shall there be less
than one-fourth of the purchase money paid in cash, and
the remainder shall be payable in yearly installments to
extend over a period of not more than three years, and
shall be secured by notes with sureties and by mortgage
on the land to be approved by the superintendent of edu-
cation, and shall bear interest from the date of the sale.
1788. (3626) (1025) (967) (588) (519) Timber lots
reserved. — The superintendent of education may select
such lots as he thinks proper, to reserve from cultivation
for the benefit of the timber thereon, and must mark the
same "reserved" on the plat thereof.
1789. (3631) (1030) (972) (593) (524) Timber
lots; how used. — The lots reserved for timber are for the
common benefit of the lessees of the other lots; but no
timber must be cut down, injured, or destroyed, as
long as there is sufficient on the other lots, which the
superintendent of education is to determine ; and the les-
sees must in no case cut down, injure, or destroy such
timber without permission from the superintendent of
education, which may be given on such terms as he may
think proper, having due regard to the interest of the
township or district.
1790. (3632) (1031) (973) (594) (525) Penalty
for injuries to timber. — Any person who, without author-
ity cuts down, boxes, injures, or destroys any tree on
school lands shall forfeit and pay for every such tree
ten dollars, to be recovered before any court having juris-
diction, in the corporate name of the township, or the
school district in which such lands are located.
1791. (3633) (1032) (974) (595) 526) Fines paid
into treasury for school fund. — All fines and forfeitures
under the preceding section shall be paid into the State
treasury, and added to the principal sum of the school
fund of the township.
1792. (3647) (1045) (987) (608) (538) Certifi-
cate of purchase. — The superintendent of education, on
3SC
66 PIBLIC SCHOOL LAWS OF ALABAMA
receiving from the purchaser the cash payment, and his
notes and mortgages for the deferred payments, must
give to him a certificate of purchase, describing the lands
purchased, and showing the number of acres and the
amount of the purchase money.
1793. (3648) (1046) (988) (609) (539) Effect of
certificate of purchase. — Such certificate conveys to the
purchaser, his heirs, or assigns, a conditional estate in
fee, to become absolute on the payment of the purchase
money and interest, and to revert to the State for the uses
originally granted in the following cases :
1. When all the notes have become due, and the makers
have left the State or died insolvent.
2. When a recovery on such notes is defeated by any
defense avoiding the contract of sale.
3. When a recovery is had against all the makers, and
execution has been returned "no property" by the proper
officer of the county in which the township or district
lies; or when judgment is had and execution returned
against any one or more of such makers "no property,"
and the others have left the State, or died insolvent.
1794. (3649) (1047) (989) (610) (540) Revest-
ing of title; clerk to certify facts; penalty for failure;
costs. — No proceeding is necessary to revest the title in
the State on the happening of the events specified in the
preceding section, but such lands may be recovered in the
name of the State, for the use of the township or district,
against any person in possession of the same, upon proof
of the facts ; and it is the duty of the clerk of the court
in which the suit is pending, or the judgment recovered,
to certify the facts to the superintendent of education,
on the happening of the events specified in the second
and third subdivisions of the preceding section, and fail-
ing to do so within a reasonable time, he forfeits the sum
of one hundred dollars ; one-half to the person suing for
the same, and the other to the State for the use of the
township or district. When no money is recovered in
suits on notes for purchase money of school lands, no
PUBLIC SCHOOL LAWS OF ALABAMA 67
costs must be taxed against the township or district for
such suits.
1795. (3651) (1049) (991) (613) (543) Fines to
go to school fund. — The amount received by the State
upon recoveries had under the last preceding section is to
be added to the principal of the school fund of the town-
ship or district.
1796. (3652) (1050) (992) (614) (544) Pat-
ents. — A patent issues, on the payment of the purchase
money, to the purchaser, his heirs, or assigns, and when
the patent is to the heirs, it vests a title in all persons en-
titled to claim in that capacity under the provisions of
this Code.
1797. (3653) (1051) (993,996) (615,616) Issue
of patent by secretary of State; correction of mistake. —
The secretary of State must issue patents, upon satisfac-
tory evidence furnished him of full payment of purchase
money to any person, agent, or other officer legally au-
thorized to receive such payment; and upon proof of a
mistake in the issue of any patent, he must correct the
same or issue a new patent on the return of the original
to his office.
1798. (3654) (1052) (995) (617) (545) Issue
of patents in other cases. — Except under the provisions
of the preceding section, no patent must issue without
the certificate of the superintendent of education that
the whole amount of the purchase money specified in the
certificate, with all interest thereon, has been paid.
1799. (3655) (1053) (998) Collection of past due
notes. — All notes for school lands held by or deposited
with the superintendent of education, if not paid within
six months after maturity, must be placed with the attor-
ney general for collection ; but this section shall not be so
construed as to prevent the superintendent of education
from ordering suit on notes at any time after maturity,
when so ordered by the sureties on the notes.
68 PUBLIC SCHOOL LAWS OF ALABAMA
1800. (3656) (1054) (999) Appointment of agents
for collection of notes. — The superintendent of education
may appoint agents for surveying, mapping, or platting
school lands and for the collection of notes for purchase
money of land, being responsible for any neglect on the
part of such agents.
1801. (3657) (1055) (1000) Township credited
with collection on notes. — All collections on notes given
for the sale or lease of school lands must be paid into the
treasury of the State, to the credit of the proper township
or district.
1802. (3658) Proceeds of school lands covered into
treasury; faith and credit of State pledged for payment
of interest. — All funds now in the State treasury derived
from the sale of sixteenth section or other school lands, or
which may hereafter accrue from sale of such lands, to-
gether with the redemption money of other lands in which
former accumulations have been invested under an act
approved March 1, 1881, entitled "An act to authorize the
compromise and settlement of claims for school lands in
this State," are covered into the State treasury and made
available for general purposes; and the faith and credit
of the State is pledged for the payment of the interest on
such fund to the public schools of the State, at the rate of
six per cent per annum.
1803. (3665) Lease of school and indemnity lands. —
The superintendent of education may, with the approval
of the governor, lease out all or any of the school and
indemnity lands for a term not exceeding five (5) years,
or may enter into a contract or contracts permitting per-
sons to mine all coal or other minerals therefrom, or to
take therefrom oil or gas or either, upon a royalty for a
term not exceeding twenty (20) years; and the net pro-
ceeds of all money received from the lease of such lands
or the royalty for the mineral mined therefrom or the oil
and gas or either, taken therefrom shall be paid into the
State treasury monthly to the credit of the townships to
which such lands belong in the proportion of their interest
therein.
PUBLIC SCHOOL LAWS OF ALABAMA 69
1804. Compromise; hoard of, as to school lands.— ^
The governor, superintendent of education, and attorney
general are constituted a board of compromise for the
purpose of examining into the title or claim of the State
to any sixteenth section or other school lands which have
illegally passed out of the possession of the State, or
which have heretofore been disposed of by the State and
not paid for. The board may take all action necessary
to recover any such lands, or, if deemed best, may settle
and compromise any conflicting claims thereto between
the State and persons claiming the land. When any
compromise or settlement is made the secretary of State
shall, upon the order of the board of compromise, issue
patents to the land the claims to which have been so com-
promised.
No. 485.) AN ACT (H. 217.
To authorize the sale and conveyance of certain lands
which have been conveyed to the State for school pur-
poses.
Section 1. Be it enacted by the Legislature of Ala-
bama, That whenever the county board of education of
any county shall certify to the superintendent of educa-
tion of the State that it is to the benefit of the public
school interests of such county or a public school district
thereof for any lands situated in such county or district
which have been conveyed to the State of Alabama for
school purposes under the provisions of article 20 or 31
of chapter 41 of the Code of Alabama to be sold, particu-
larly describing the same, the superintendent of education,
upon the receipt of such certificate, shall be and he is
hereby authorized and empowered, with the approval of
the governor, to sell and convey such land, either at
public or private sale, and upon such consideration as may
to him appear just and proper in the premises, and to
execute a deed to the purchaser of the same in the name of
the State of Alabama, and upon the delivery of such deed,
the same shall divest all the right, title and interest of the
to PUBLIC SCHOOL LAWS OF ALABAMA
State of Alabama in said land and invest it in such pur-
chaser.
Sec. 2. That the proceeds of any sale of lands made
under this act shall be by the superintendent of educa-
tion paid to the county board of education of the county
where such land is situated, or to the chief executive
officer of said board. That said proceeds shall constitute
a part of the public school fund of such county ; provided,
however, if said land was conveyed to the State under
article 31 of chapter 41 of the Code of Alabama, then such
proceeds shall be used by said county board of education
for the exclusive use of the public school district in which
said land is located.
Approved April 18, 1911.
NORMAL SCHOOLS.
Alabama has nine normal schools, six for the white
race and three for the colored race.
Four of the normal schools for the white race receive
annually an appropriation of $20,000 each from the State
and these schools are located at Florence, Troy, Jackson-
ville and Livingston. Two of the normal schools for the
white race receive annually an appropriation of $5,000
each from the State and these schools are located at
Daphne and Moundville. All of the white normal schools
are controlled and governed by an act approved April
18, 1911. This act creates a State board of eight mem-
bers, consisting of the governor, the superintendent of
education, and six members appointed by the governor.
The three schools for the colored race are located at
Tuskegee, Normal (near Hunts ville), and Montgomery.
The school at Tuskegee receives an annual appropriation
of $4,500 from the State, the one at Normal an annual
appropriation of $4,000 from the State, and the one at
Montgomery an annual appropriation of $16,000 from
the State.
. Some of the Normal schools receive revenue from other
sources, such as the Peabody Fund, Slater Fund, Morrill
PUBLIC SCHOOL LAWS OF ALABAMA 71
Fund, etc., and all of the schools receive some revenue
from matriculation fees, incidental fees, etc.
The three normal schools for the colored race are gov-
erned and controlled by special acts of the Legislature.
The act governing the Tuskegee Normal and Industrial
Institute was approved February, 1893, and the act gov-
erning the Montgomery Normal School was approved
February 23, 1889. The acts governing the Huntsville
State Colored Normal and Industrial Institute were ap-
proved December 9, 1873, and February 17, 1885. Sec-
tions 1258, 1259 and 1260 of the Code of 1876 also relate
to this school, and an act approved February 13, 1891,
relating to the division of the Morrill Fund gives the
Huntsville Normal School that part of the Morrill Fund
belonging to the colored race.
No. 483.) AN ACT (H. 724.
To create a board of trustees for the government and
control of the sevei'al State normal schools for whites,
and for the making and enforcing of a course of study
for the said State normal schools and for the rural schools
of the State, and for the repealing of any general and
special laws and provisions of any chapter or charters
in conflict with the provisions of this act.
Section 1. Beit enacted by the Legislature of Alabama,
That a board of eight members consisting of the gover-
nor, the superintendent of education and six members
appointed by the governor be and the same are hereby
created a board of trustees for the government, regula-
tion and control of the several white normal schools of the
State.
Sec. 2. The six appointive members appointed respec-
tively for one year, two years, three years, four years, five
years, and six years, with the superintendent of educa-
tion and the governor, who shall be ex-officio chairman
of the board, shall constitute the board of trustees for
the government, control and regulation of the several
72 PUBLIC SCHOOL LAWS OF ALABAMA
white normal schools of the State. At the expiration of
the term for which each trustee shall have been appointed,
after the passage of this act, a trustee shall be appointed
for a period of six years.
Sec. 3. It shall be the duty of the board to visit each '
school under its supervision at least once during each
scholastic year for the purpose of making such inspection
of its work and gathering such information as will enable
said board to perform its duties intelligently and effec-
tively.
Sec. 4. It shall be the duty of this board of trustees
to require, as far as possible, the same course of study,
the same educational standards and ideals for the said
normal schools of the State ; and to secure this end, the
board of trustees may require, at the hands of a committee
composed of presidents of the said normal schools, the
preparation and submission of a proposed course of study,
which may be adopted in whole or in part by the board
of trustees, and when so adopted, the said course of study
shall be maintained in those normal schools to which,
under the direction of the board of trustees, the said
course of study may apply.
Seic. 5. The said board of trustees shall have the
power and it is made their duty to elect all presidents,
or other officials, professors and other teachers employed
in any of the normal schools and to fix their salaries. It
is made the duty of the president of each school to nomi-
nate annually to the board of trustees such professors,
teachers, officials and assistants as in his opinion will
promote the best interests of the institution.
Sec. 6. The board of trustees shall have the power to
make such rules and regulations for the government of
its own actions and for the regulation and control of the
several normal schools of the State, as may be necessary
for the enforcement of the provisions of this act.
Sec. 7. It is made the duty of the six appointive mem-
bers of this board to make an official report to each Legis-
lature of Alabama. This report shall set forth briefly
the condition, the progress and the needs of each of these
schools and the report shall contain such other informa-
PUBLIC SCHOOL LAWS OF ALABAMA 73
tion and shall make such recommendations as the board
may deem right and proper.
Sec. 8. It is hereby made the duty of the board of
trustees of the State normal schools to meet at the call
of the chairman or at the call of the State superintendent
of education, who shall be the secretary of the board, and
at such other times as may be indicated by request of the
majority of the appointive members of the board.
Sec. 9. The members of the board of trustees shall
serve without pay, except that they shall be reimbursed
from the funds of the State normal schools for their
actual expenses incurred in attending meetings of the
board.
Sec. 10. It is made the duty of the board of trustees
to extend, as far as possible, the usefulness of the State
normal schools, by providing for summer training courses
for teachers, thus recognizing the importance of keeping
these schools open at all times, for the training and im-
provement of the public school teachers of Alabama.
Sec. 11. All laws and parts of laws, whether general,
special or charter, in conflict with the provisions of this
act be and the same are hereby repealed.
Approved April 18, 1911.
AGRICULTURAL SCHOOLS.
Alabama has nine agricultural schools located in the
various congressional districts of the State. These
schools each receive for maintenance an annual appropria-
tion of $4,500. Not less than seven hundred fifty dollars
must be used by each school in making agricultural experi-
ments. In addition to the above, the schools also receive
some revenue from matriculation and incidental fees.
The First District Agricultural School is located at
Jacksonville, the Second at Evergreen, the Third at Abbe-
ville, the Fourth at Sylacauga, the Fifth at Wetumpka,
the Sixth at Hamilton, the Seventh at Albertville, the
Eighth at Athens, and the Ninth at Blountsville.
74 PUBLIC SCHOOL LAWS OF ALABAMA
The agricultural schools are governed by sections 59-60
of the Code of 1907 as amended April 22, 1911, and also
by rules and regulations made by the executive committee
of these schools. The governor, the superintendent of
education, and the commissioner of agriculture compose
the executive committee. Each school is governed by a
board of control composed of the executive committee
named above and tv^o members appointed by the governor
from the congressional district in which the school is
located.
TEXT-BOOK COMMISSION; MEMBERS, APPOINTMENT OF.
1805. Text-hook commission; how constituted. — On
or before March 1st, 1908, the governor shall select and
appoint nine educators of known character and ability,
men well acquainted with arranging courses of study
and engaged in public school work, one from each con-
gressional district, who, together with himself and the
State superintendent of education, shall constitute the
text-book commission of Alabama.
1806. Oath of commissioners. — Before transacting
any business pertaining to the duties of this commission
they shall each take an oath before some person author-
ized to administer oaths to faithfully discharge all the
duties imposed upon them as members of said text-book
commission and that they have no interest, directly or
indirectly, in any contract that may be made under this
article, and receive no personal benefit therefrom.
1807. Commission; organization of. — The text-book
commission shall immediately after their appointment
meet and organize, the governor being president of the
commission and the superintendent of education secretary
of said commission.
1808. Duties of commission. — It shall be the duty of
said commission to select and adopt a uniform series of
text-books for use in the public schools of the State for
a period of five years.
PUBLIC SCHOOL LAWS OF ALABAMA 75
1809. Unlawful to use other books than those selected.
— It shall be unlawful for any school official, director or
teacher to use any books upon the same branches other
than those adopted by said State text-book commission.
1810. Branches of study for which books selected. —
Said uniform series shall include the following branches
of study, to-wit: Orthography, reading, writing, arith-
metic, geography, grammar, language lessons, history of
Alabama containing the Constitution of the State, history
of the United States, elementary physiology and hygiene,
elementary principales of agriculture, and such other
branches of study as properly belong to a common school
course.
1811. Partisan or sectarian books forbidden. — None
of said text-books shall contain anything of a partisan or
sectarian character.
1812. Books selected may be dropped. — The text-book
commission shall have the power by three-fourths vote to
drop an unsatisfactory book at the end of any school
year during the continuance of the contract and to make
another adoption.
1813. Qualities and merits of books to control in selec-
tion. — The text-book commission shall consider the merits
of each book, taking into consideration their subject-
matter, the printing, binding, material, and mechanical
qualities, and their general suitability and desirability for
the purpose intended, as well as the price of said books,
but no text-book the subject-matter of which is of inferior
quality shall be adopted by the text-book commission;
Said commission shall select and adopt such books as will,
in their best judgment, accomplish the ends desired.
1814. Desirable books; when price too high. — In case
any book or books are deemed suitable for adoption and
more desirable than other books of the same class sub-
mitted, and they further consider the price at which
the books are offered to be unreasonably high, and that
76 PUBLIC SCHOOL LAWS OF ALABAMA
they should be offered at a smaller price, the commis-
sion shall immediately notify the publisher or author of
such book or books of their decision, and request such
reduction in price as they deem reasonable and just, and
if they and such publishers shall agree on a price they
may adopt his book or books, but if not, they shall use
their own sound judgment and discretion whether they
will adopt that or the books which are deemed by them
next best in the list published.
1815. Advertisement for bids. — As soon as practi-
cable, not later than thirty days after its organization,
the commission shall advertise in such manner and for
such length of time and at such places as may be deemed
advisable, that at a time and placed fixed definitely in said
advertisement, sealed bids or proposals will be received
from the publishers of school text-books for furnishing
books to the public schools in the State of Alabama,
through such agencies in the several counties, and places
in the several counties in the State, as may be provided
for in such regulations as said commission may adopt
and prescribe.
1816. Bids; specifications, requisites, and contents of.
— The bids or proposals shall be for furnishing the books
for a period of five years and no longer, and that no bid
for a longer period will be considered. Said bids shall
state specifically and definitely the price at which the
books will be furnished, and shall be accompanied by one
or more specimen copies of each and every book proposed
to be furnished.
1817. Deposits as security for perfo7'mance of bid. —
It shall be required of each bidder to deposit with the
treasurer of the State a sum of money such as the com-
mission may require, not less than five hundred dollars
nor more than twenty-five hundred dollars, according to
the number of books each bidder may propose to supply,
and notice shall further be given in such advertisement
that such deposits shall be forfeited absolutely to the State
if the bidder making the deposit shall fail or refuse to
PUBLIC SCHOOL LAWS OF ALABAMA 77
make and execute such contract and bond as is herein-
after required, within such time as the commission may
require, which time shall also be stated in the advertise-
ment.
1818. Bids sealed and deposited. — All bids shall be
sealed and deposited with the secretary of State, to be
by him delivered to the commission when they are in
executive session, for the purpose of considering the same
when they shall be opened in the presence of the com-
mission.
1819. Bids opened, examined, and contract awarded.
— The text-book commission shall meet at the time and
place designated in such notice or advertisement, and
take out the sample or specimen copies submitted upon
which the bids are based. When the members have ex-
amined all books submitted until thoroughly satisfied, it
shall be the duty of said text-book commission to meet in
executive session to open and examine all sealed proposals
submitted and received in pursuance of the notice or
advertisement provided for in section 1815 of this Code.
The commission shall then examine and carefully con-
sider such bids or proposals and determine in the manner
provided in the preceding section of this article what
book or books shall be selected for adoption, taking into
consideration the size, quality as to subject-matter, ma-
terial, printing, binding, and the mechanical execution
and price, and the general suitability for the purpose
desired and intended ; all books selected and adopted shall
be written or printed in English.
1820. Notification to publishers of contracts awarded.
— After their selection for adoption shall have been made,
the said commission shall by registered letter notify the
publishers or proposers to whom contracts have been
awarded.
1821. Contract; preparation, execution, and filing of.
— The attorney general of the State shall prepare the said
contract or contracts in accordance with the terms and
provisions of this article, and the said contract shall be
78 PUBLIC SCHOOL LAWS OF ALABAMA
executed by the governor and secretary of State with the
seal of the State attached upon the part of the State of
Alabama, and the said contract shall be executed in trip-
licate, one copy to be kept by the contractor, one copy by
the secretary of the text-book commission and copied in
full in the minutes of said commission and one copy to be
filed in the office of the Secretary of State.
1822. Bond of contractor; preparation, execution,
and conditions of. — At the time of the execution of the
contract aforesaid the contractors shall enter into a bond
in the sum of not less than ten thousand dollars nor more
than thirty thousand dollars, payable to the State of
Alabama, the amount of said bond within said limits to
be fixed by said commission conditioned for the faithful,
honest, and exact performance of the contract, and shall
further provide for the payment of reasonable attorney's
fees in case of recovery in any suit upon the same, with
three or more good, solvent sureties, actual citizens and
residents of the State of Alabama, or any guaranty com-
pany authorized to do business in the State of Alabama
may become surety on said bond. The attorney general
shall prepare said bond and approve t*he same. The said
bond shall not be exhausted by a single recovery, but may
be sued on from time to time until the full amount shall
be recovered ; and the said commission may at any time,
by giving thirty days' notice, require additional security
or additional bond, within the limits prescribed.
1823. Deposits retwmed after execution of bond. —
When any person, firm, or corporation shall have been
awarded a contract and submitted therewith the bond
as required in this article, the commission through its
secretary shall so inform the treasurer of the State, and
the treasurer shall return such contractor the cash de-
posit made by him, and the commission through its sec-
retary shall inform the treasurer of the names of the
unsuccessful bidders or proposers, and the treasurer shall,
upon receipt of this notice, return to them the amount
deposited in cash by them at the time of the submission
of their bid.
PUBLIC SCHOOL LAWS OF ALABAMA 79
1824. Failure to execute contract or bond; conse-
quence of. — Should any person, firm, company, or cor-
poration fail or refuse to execute the contract and sub-
mit therewith his bond as required by this article within
thirty days of the awarding of the contract to him and
(provided the mailing of the registered letter shall be
sufficient evidence that the notice was given and receiv-
ed), the cash deposit will be deemed forfeited to the
State of Alabama, and the treasurer shall place such
cash deposit in the treasury of the State to the credit of
the general school fund.
1825. Recovery on bond for benefit of fund. — Any re-
covery had on any bond given by any contractor shall
inure to the benefit of the said fund of the State, and
when collected shall be placed in the treasury to the
credit of the said fund and be prorated among the sev-
eral counties of the State.
1826. Books furnished must be equal to specimens. —
The books furnished under any contract shall at all times
during the existence of the contract be equal to, in all
respects, the specimens or sample copies furnished with
bids.
1827. Secretary of State preserves sample copies and
furnishes to superintendent. — The secretary of State shall
carefully preserve in his office as the standard of quality
and excellence to be maintained in such books during the
continuance of such contracts the specimens or sample
copies of all books which have been made the basis of any
contract, together with the original bid or proposal, and
the contractor shall also furnish each county superin-
tendent of education like specimen or sample copies,
which shall be preserved by him in like manner, and the
same shall always be open to the inspection of the public.
1828. Contract and exchange price printed on back
of books. — All contractors shall print on the back of each
book the contract price, as well as the exchange price at
which it is agreed to be furnished, but the books sub-
mitted as specimen or sample copies with the original
80 PUBLIC SCHOOL LAWS OF ALABAMA
bids shall not have the price printed on them before they
are submitted to the commission.
1829. Price of books for this State shall not exceed
that of others. — The text-book commission shall not in
, any case contract with any person or publisher for the
use of any books which are to be sold to patrons or used
in any public school in this State at a price above or in
excess of the price at which such book or books are fur-
nished by said person or publisher under contract to any
State, county, or school district in the United States under
like conditions prevailing in this State and under this
article. It shall be stipulated in each contract that the
contractor has never furnished and is not now furnishing
under any contract any State, county, or school district
in the United States where like conditions prevail as are
prevailing in this State under this article, the same
book or books as are embraced in said contract at a
price below or less than the price stipulated in the
said contract, and the said commission at any time they
may find that any book has been furnished at a lower
price under contract to any State, county or school dis-
trict aforesaid, shall sue upon the bond of said contractor
and recover the difference between the contract price and
the lower price at which they find the book or books have
been sold, and in case a contractor shall fail to execute,
specifically, the terms and provisions of his contract, said
commission shall bring suit upon the bond of such con-
tractor for the recovery of damages, the suit to be in the
name of the State of Alabama, and the recovery for the
benefit of the public school fund.
1830. Changing or altering contract. — The commis-
sion and any contractor agreeing thereto may in any
manner change or alter any contract, provided a majority
of the commission shall agree to the change and think it
advisable and for the best interest of the public schools
of the State.
1831. Majority controls. — In all matters unless other-
wise provided a majority of said commission shall con-
trol.
PUBLIC SCHOOL LAWS OF ALABAMA 81
1832. State not liable to any contractor. — It shall al-
ways be a part of the terms and conditions of every con-
tract made in pursuance of this article, that the State of
Alabama shall not be liable to any contractor in any man-
ner, in any sum whatsoever, but all such contractors shall
receive the pay or consideration in compensation solely
and exclusively derived from the proceeds of the sale of
books, as provided for in this article.
1833. Old books exchanged for new. — The commission
shall stipulate in the contract for the supplying of any
book as provided in this article that the contractor or
contractors shall take up the school books now in use in
this State, and receive the same in exchange for new
books at a price not less than fifty per cent of the contract
price. Such exchange period shall not continue longer
than one year from the date of contract. Each person or
publisher making a bid for the supplying of any book or
books under this article shall state in such bid or pro-
posal the exchange price at which such book or books
will be furnished.
1834. Rejecting bids or proposals. — The text-book
commission shall have and reserve the right to reject any
and all bids or proposals if they shall be of opinion that
any or all should for any reason be rejected.
1835. Re-advertisement for bids. — In case the commis-
sion fails from among the bids or proposals to select or
adopt any book or books upon any of the branches men-
tioned in previous sections of this article, they may re-
advertise for sealed bids or proposals under the same
terms and conditions as before, and proceed in their
investigations in all respects as they did in the first in-
stance, and as required by the terms and provisions of
this article.
1836. Bids for copyright and manuscripts. — The com-
mission may advertise for sealed bids or proposals from
authors or publishers of text-books who have manuscripts
of books not yet published, for prices at which they will
82 PUBLIC SCHOOL LAWS OF ALABAMA
publish and furnish in such book form such manuscripts,
or for prices at which they will sell such manuscripts,
together with the copyright with such books for use in
the public schools of Alabama, proceeding in all respects
in like manner as before. Before accepting or rejecting
any manuscript it shall be the duty of the commission to
take the manuscript and advertise for sealed bids or pro-
posals for publishing the same in book form, in like man-
ner as provided in this article, and under the same restric-
tion and condition, and the contract may be let for the
publication of all such books or for any one or more sepa-
rately. The State itself shall not under any circumstances
enter into any contract binding it to pay for the publica-
tion of any book or books, but in the contract with the
owner of the manuscript it shall be provided that he shall
pay the compensation to the publisher for the publication
and putting in book form the manuscript, together with
the cost and expense of copyrighting the same ; and pro-
vided that in all cases bids or proposals shall be accom-
panied with the cash deposit of from five hundred to
twenty-five hundred dollars, as the commission may direct,
and as previously provided in this article.
1837. Manuscripts or printed form of matter pro-
posed to be incorporated in book. — Any person, firm, or
corporation now doing business, or proposing to do busi-
ness in the State, shall have the right to bid for the con-
tract to be awarded under this article in the manner as
follows : In response to the advertisement, when made as
hereinabove provided, said person, firm, or corporation
may submit in writing bid or bids to edit or have edited,
publish and supply for use in the public schools in this
State, any book or books herein provided for, provided
that instead of filing with said bid or proposals a sample
or specimen copy of each book proposed to be furnished,
he may exhibit to the commission a manuscript or printed
form of the matter proposed to be incorporated in any
book, together with such a description and illustration of
the form and style thereof as would be fully intelligible
and satisfactory to said commission, or they may submit
a, book or books, the equal of which in every way they
PUBLIC SCHOOL LAWS OF ALABAMA 83
propose to furnish, and they shall accompany their bid
or proposal with the cash deposit and execute a contract
and bond as hereinbefore provided,
1838. Proclamation of governor announcing contract.
— As soon as said commission shall have entered into a
contract or contracts for the furnishing or supplying of
books for use in the public schools in this State, the gov-
ernor shall issue his proclamation announcing such facts
to the people of the State.
1839. Three depositaries or places of sale in each
county. — The party or parties with whom the contract
shall be made shall place their books on sale at not less
than three j)laces in each county of the State for the dis-
tribution of the books to the patrons, and the contractor
shall be permitted to make arrangements with a merchant
or other person for the handling and distribution of the
books,
1840. Contract price printed on books. — All books
shall be sold to the consumer at the retail contract price,
and in each book shall be printed the following: (The
price fixed herein is fixed by State contract and devia-
tions therefrom shall be reported to your county superin-
tendent of education or the State superintendent at Mont-
gomery.) Should any party contracting to furnish books
as provided for fail to furnish them or otherwise breach
his contract, in addition to the right of the State to sue
on his bond hereinabove required, the county superin-
tendent of any county may sue, in the name of the State
of Alabama, in any court of competent jurisdiction in the
county in which he resides, for the use and benefit of the
school fund of the county; provided that the right of
action of the county superintendent shall be limited to
breaches of the contract committed in the county of his
residence. In all cases under this article service of
process may be had and deemed sufficient on any agent of
the contractor in this State.
1841. Distribution of books. — The commission shall,
from time to time, make any necessary regulations to
84 PUBLIC SCHOOL LAWS OF ALABAMA
secure the prompt distribution of the books provided for
in this article, and the prompt and faithful execution of
all contracts.
1842. Commission continues for five years; new com-
mission appointed. — Said commission shall maintain its
organization for five years, and at the end of said period
of five years the governor shall name a similar commis-
sion with like powers and a like term as the first named
commission, provided that all bids and contracts for
school books shall provide for the purchase, by munici-
palities and school districts which supply free school
books, of such books at the regular contract price less the
commission allowed to agents or depositories.
1843. List of books, agencies, and prices furnished to
county superintendent of education. — As soon as prac-
ticable after the adoption, provided for in this article, the
State superintendent of education shall issue a circular
letter to each county superintendent of education and each
teacher in the State, and to such others as he may desire
to send it, which letter shall contain the list of books
adopted, the prices, location of agencies, the manner of
distribution, and such other information as he may deem
necessary.
1844. Supplementary text-books; books for higher or
more advanced studies. — As soon as the existing contract
for books expires the books adopted as a uniform series
of text-books for the next five years shall be introduced
and used as text-books to the exclusion of all others in all
the public free schools in this State. Supplementary
books shall be used, but such books shall not be used to
the exclusion of the books prescribed or adopted under
the provisions of this article. Higher or more advanced
branches may be taught than provided in this article, but
such higher branches or books shall not be taught to the
exclusion of the branches or books mentioned in this
article.
1845. Other books used upon failure to furnish those
adopted. — The patrons of the public schools throughout
PUBLIC SCHOOL LAWS OF ALABAMA 85
the state may procure books in the usual way in case
no contract shall be made, or the contractor fails or
refuses to furnish the books provided for in this article
at the time required for their use in the respective schools.
1846. Appropriation. — The sum of three thousand
dollars, or so much thereof as may be necessary, to be
paid out of the moneys in the treasury not otherwise
expended, is appropriated for the purpose of paying the
costs and expenses of carrying into effect the provisions
of this article.
1847. Compensation of commissioners. — The governor
and superintendent of education shall serve on the com-
mission without compensation, and the other members
of the commission shall be paid the sum of four dollars
per day during the time they are actually engaged, and in
addition shall receive ten cents per mile for each mile
traveled from their homes to their place of meeting and
return thereto, to be paid out of the funds appropriated
by the preceding section, and they shall each make and
swear to a statement of the number of miles traveled
and the number of days actually engaged.
1848. Clerk of commission; compensation of. — The
commission may appoint a clerk who shall have three dol-
lars per diem during the time he is actually engaged and
the same mileage as is allowed the members of the com-
mission.
1849. Books adopted continue for five years. — The
adoption made as provided for in this article shall con-
tinue for five years from the expiration of the existing
contract, unless otherwise provided.
1850. Failure to furnish books; contract for unex-
pired term. — In case of the failure of any contractor to
furnish the books as provided in his contract his bond
shall be declared forfeited, and the State school-book
commission may make such other contract for the unex-
pired term with another person to provide such books as
86 PUBLIC SCHOOL I^WS OF ALABAMA
they may deem advisable for the best interest of the
State.
(See Criminal Provisions, Sections 7751, 7752 and
7753 of this pamphlet.)
ARTICLE 20.
HIGH SCHOOLS FOR COUNTIES.
1861. High school commission to locate and establish.
— The governor, auditor and superintendent of education,
shall constitute a commission to locate one high school in
each of the counties of this State.
1862. Sites procured; anrnuil donations paid quar-
terly. — For any county in which the citizens thereof shall
secure a suitable site which shall consist of not less than
five acres of land, the title to the surface of which shall
be in fee (but the land need not include mineral rights)
and erect thereon a good and substantial building with
all necessary equipments for a high school, the cost of
said buildings to be not less than $5,000, and upon making
a deed to the State of Alabama of said land, building and
equipment, there shall be appropriated out of any money
in the treasury, not otherwise appropriated, the sum of
three thousand dollars and this appropriation is hereby
made to continue annually, beginning July 1st, 1911.
Provided further that all appropriations made by the
State and otherwise must be paid quarterly and in accord-
ance with the rules and regulations made by the high
school commission.
1863. High school controlled by high school commis-
sion and county board of education. — Each county high
school of the State shall be under the direction and control
of the county board of education of the county in which
the high school is located, but every action of the county
board of education is subject to the approval of the high
school commission. Provided further, that rules and reg-
ulations for the government of the county high schools of
the State and the employment of the teachers in said
PUBLIC SCHOOL LAWS OF ALABAMA 87
county high schools shall be made by the high school com-
mission.
1864. Free schools and office of trustee not abolished.
— Nothing in this article shall be so construed as to
abolish any free school in any district, or the office of
trustee in any district in which said high school may be
located.
1865. Qualifications and eligibility of teachers and
students. — No teacher shall be eligible to teach in any
high school established under the provisions of this arti-
cle, unless holding a first-grade or life certificate. Nor
shall any student be eligible to entrance into said high
school unless said student can pass a satisfactory exami-
nation in the branches of free public instruction in the
elementary schools of his or her county. Such schools
shall be open to students of the white race regardless of
age who have complied with the provisions of this section.
1866. Course of study. — A course of study for such
school or schools shall be provided and required by the
superintendent of education; such course of study shall
consist of secondary branches of study.
1867. MaU'iculation fee. — A matriculation fee of not
more than two and one-half dollars to be fixed by the
county board of education in which a county high school
is or may hereafter be located and in operation, may be
charged to each student entering said high school, to
defray the necessary expenses of said high school during
each term, provided a part of the matriculation fees may
be used for library purposes in said high school. All
funds accruing from fees as provided herein shall be paid
out by the treasurer of the high school upon the order
of the principal of said school.
No. 217.) AN ACT (S. 7.
To authorize and empower the commissioners court,
board of revenue, or other court of county officers of
88 PUBLIC SCHOOL LAWS OF ALABAMA
similar or like jurisdiction to donate or appropriate funds
from the county treasury to aid in the construction or
improvement of necessary buildings and the maintenance
and support of those State schools known as county high
schools established under the act of the Legislature ap-
proved August 7, 1907, and to ratify and confirm all
appropriations heretofore made for such purposes and to
repeal all laws and part of laws in conflict therewith.
Section 1. Be it enacted by the Legislature of Alabama,
That on and after the approval of this act by the gover-
nor it shall be lawful for the commissioners court, board
of revenue, or other court or officers of the county of
similar or like jurisdiction to donate or appropriate funds
from the county treasury to aid in the construction or
improvement of necessary buildings and the maintenance
and support of those State schools known as county high
schools established in the several counties of the State
under an act of the Legislature entitled an act to provide
for the establishment of high schools in this State, and
to make appropriations for said schools, approved August
7th, 1907, such donations or appropriations to be applied
to the benefits of said schools under the supervision and
control of the county boards of education, and not other-
wise. That appropriations heretofore made from county
funds by the courts of county commissioners or the courts
or boards of revenue of the several counties of this State
to be used in the construction or maintenance of such
schools are hereby ratified and confirmed, provided that
the provisions of this act shall not affect suits heretofore
filed to test the legality of appropriations made by courts
of county commissioners or boards of revenue to aid
in the construction of county high schools; Provided,
further, that the appropriations being tested by such
pending suits are hereby ratified and confirmed and this
act shall not be set up as a defense to any such pending
suit.
Approved August 26, 1909.
Note. — By an opinion of the Attorney General, rendered Aug. 21,
1908, tile county liigti school is held to be a part of the public school
system and the county l)oard of education is authorized to malie
appropriations for the maintenance of the county high school.
PUBLIC SCHOOL LAWS OF ALABAMA 89
No. 94.) AN ACT (S. 66.
To authorize the cities and towns of this State to con-
vey real or personal property and to make appropriations
of money from city funds, and issue bonds to aid in the
location and in the construction of high schools and high
school buildings, and to ratify and confirm all such con-
veyances and appropriations which have heretofore been
made by any such city or town.
Section 1. Be it enacted by the Legislature of Alabama,
That the cities and towns of this State be and they are
hereby authorized and empowered to convey real or per-
sonal property belonging to such cities or towns, and to
make appropriations from city or town funds, and issue
bonds to aid in the location and in the construction of
high schools and high school buildings under the act of the
Legislature of Alabama, approved August 7, 1907, en-
titled "An act to provide for the establishment of high
schools in this State, and to make appropriations for said
schools."
Sec. 2. That all such conveyances of property and
appropriations of funds which have heretofore been made
for the purpose named in section 1 of this act, be and the
same are hereby ratified and confirmed.
Approved August 26, 1909.
ARTICLE 21.
UNIVERSITY OF ALABAMA.
1869. (3667) (1058) (1295) Incorporation of uni-
versity. — The governor and the superintendent of educa-
tion, by virtue of their respective offices, and the trustees
heretofore appointed from the different congressional
districts of the State under the provisions of section 264
of the Constitution, and such other members as may be
from time to time added to the board of trustees and their
successors in office, are constituted a body corporate
under the name of "The board of trustees of the Univer-
sity of Alabama," to carry into effect the purposes and
90 PUBLIC SCHOOL IxA-WS OF ALABAMA
intent of the Congress of the United States in the grant
of lands by the act of April 20, 1818, and of the act of
March 2, 1819, to this State, to be by it held and admin-
istered for the benefit of a seminary of learning.
1870. (3668) (1059) (1296) General powers, duties,
and liabilities of such corporation. — Such corporation
shall have all the rights, powers, and franchises necessary
to or promotive of the end of its creation, and shall be
charged with all the corresponding duties, liabilities, and
responsibilities.
1871. (3669) (1060) (1297) Power of holding and
disposing of property. — Such corporation may hold, and
may lease, sell, or in any other manner not inconsistent
with the object or terms of the grant or grants under
which it holds, dispose of any property, real or personal,
or any estate or interest therein, remaining of the origi-
nal or any subsequent grant by Congress, or by this State,
or by any person, or accruing to the corporation from
any source, including also the proceeds of the "University
Fund," as to it may seem best for the purposes of its
institution.
1872. (3670) (1061) (1298) University fund de-
fined; credit of State pledged for payment of interest. —
The fund designated in the preceding section as the "Uni-
versity Fund" consists of the sum of thirty-six thousand
dollars per annum as interest on the funds of the Univer-
sity of Alabama, heretofore covered into the treasury, for
the maintenance and support of said institution, which
said sum of thirty-six thousand dollars shall be paid to
the duly authorized agent of the university as hereinafter
provided; and the further sum of twenty-five thousand
dollars, annually, is added to and made a part of the
university fund.
1873. (3671) (1062) (1299) When gifts or grant
not affected; what not a forfeiture. — No grant or gift, by
will or otherwise, shall fail on account of any misnomer
or informality, when the intention of the grantor or
donor can be ascertained; nor shall any default, malfea-
PUBLIC SCHOOL LAWS OF ALABAMA 91
sance on the part of the trustees or other officers or agents
of such corporation, work a forfeiture of any of its rights,
powers, privileges, or franchises,
1874. (3672) (1063) (1300) Rights, etc., of uni-
versity continued in corporation. — In addition to the
rights, properties, privileges, and franchises herein grant-
ed, all rights, properties, privileges, and franchises here-
tofore, by any act of the Legislature, granted to or vested
in the University of Alabama, shall vest and continue in
such corporation.
1875. (3673) (1064) (1301) Powers of the board of
trustees; no exclusion from benefit of "University Fund,"
etc. — The board of trustees have the power to organize
the university by appointing a corps of instructors, who
shall be styled the faculty of the university, and such other
officers as the interest of the university may require; to
remove such instructors or officers, and to fix their sal-
aries or compensation, and increase or reduce the same
at their discretion ; to institute, regulate, alter, or modify
the government of the university, as they may deem ad-
visable; to prescribe courses of instruction, rates of tui-
tion, price of board, and regulate the necessary expenses
of students; and- to confer such academic and honorary
degrees as are usually conferred by literary institutions.
They may delegate to the faculty of the university, or
other officers, such powers and functions in the govern-
ment of the students, and in the administration of the
affairs of the university, as they may deem proper; but
in no case shall any person be authorized to receive, hold,
or disburse any funds of the university without having
first given bond, conditioned for the faithful discharge
of his duties; and no person shall be excluded from the
full benefit of the university fund, or placed at any dis-
advantage in the pursuit of his studies, who possesses the
requisite literary and other qualifications, and is willing
to submit to the discipline prescribed the students.
1876. (3674, 3675) (1065, 1066) (1302, 1303) Classi-
fication of trustees; term and oath of office. — The State
92 PUBLIC SCHOOL LAWS OF ALABAMA
university shall be under the control of the board of
trustees, which shall consist of two members from the
congressional district in which the university is located,
and one from each of the other congressional districts
in the State, the superintendent of education, and the
governor, who shall be ex-officio president of the board.
The members of the board of trustees, as now constituted,
shall hold office until their respective terms expire under
existing law, and until their successors shall be elected
and confirmed, as hereinafter required. Successors to
those trustees whose terms expire in nineteen hundred and
two shall hold office until nineteen hundred and seven;
successors to those whose terms expire in nineteen hun-
dred and four shall hold office until nineteen hundred
and eleven ; successors those trustees whose terms expire
in nineteen hundred and six shall hold office until nineteen
hundred and fifteen ; and thereafter their successors shall
hold office for a term of twelve years. When the term of
any member of such board shall expire, the remaining
members of the board shall, by secret ballot, elect his suc-
cessor, provided, that any trustee so elected shall hold
office from the date of his election until his confirmation
or rejection by the senate, and, if confirmed, until the ex-
piration of the term for which he was elected, and until
his successor is elected. At every meetihg of the Legisla-
ture the superintendent of education shall certify to the
senate the names of all who have been so elected since
the last session of the Legislature and the Senate shall
confirm or reject them, as it shall determine is for the
best interest of the university. If it reject the names
of any member it shall thereupon elect trustees in the
stead of those rejected. In the case of a vacancy on said
board by death or resignation of a member, or from any
cause other than the expiration of his term of office, the
board shall elect his successor, who shall hold office until
the next session of the Legislature. When the name of a
successor or successors elected by said board to fill the
vacancy or vacancies so occasioned shall be certified by
the superintendent of education to the senate, and the
senate shall confirm, or reject, as it shall determine is for
the best interest of the university; and if confirmed by
PUBLIC SCHOOL LAWS OF ALABAMA 93
the senate, the person or persons so elected to fill said
vacancy shall hold office for the unexpired term to which
he is so elected. If the senate rejects the name of any
person to fill said vacancy, it shall thereupon elect some
person or persons in the stead of those rejected. No
trustee shall receive any pay or emolument other than
his actual expenses incurred in the discharge of his duties
as such.
1877. (3676) (1067) (1304) Quorum of board of
trustees; president pro tempore. — Five members of the
board of trustees, exclusive of the ex officio members,
shall constitute a quorum, and every member present shall
be required to vote, and a majority of those present shall
govern. At their first meeting, the board shall elect one
of their number president pro tempore, who shall preside
in the absence of the governor, and shall hold the position
until the next annual or special meeting, when another
president pro tempore shall be elected.
1878. (3677) (1068) (1303, 1304) Time and place
of meeting of trustees. — The board of trustees shall meet
at least once in each year, and on the last Wednesday in
June, unless some other day is selected by them, and
they may, by ordinance or resolution adopted by them,
prescribe other regular times for meeting. At such meet-
ing they may continue in session as long as they may
deem proper for the welfare of the institution, and may
at any session appoint a special or adjourned meeting.
Upon the written application of four members, or of any
three members with his concurrence, the president pro
tempore shall appoint a special meeting, and issue notice
thereof to the several members; but such special meet-
ing shall not be appointed for a day less than twenty days
subsequent to the date of the notice. In case there is no
president pro tempore of the board, or in case he is inca-
pacitated to act, then the governor, as president of the
board, shall, upon the written application of four mem-
"bers, in like manner call such special meeting. Regular
meetings of the board must be held at the university, but
special or adjourned meetings may be held at the univer-
94 PUBLIC SCHOOL LAWS OF ALABAMA
sity or in the city of Montgomery, or in the city of Bir-
mingham.
1879. (3678) (1069) (1305) Proceedings of board
recorded; employment of secretary; payment of expenses,
etc. — The proceedings of the board of trustees must be
recorded in a substantially bound book, which must be
kept in the archives of the university ; and the board may
at any meeting employ a secretary. The certificate of the
president, or in his absence, of the president pro tempore,
countersigned by the secretary, if there be one, shall en-
title the several trustees to their constitutional pay out
of the treasury of the university; and the compensation
of the secretary and the necessary incidental expenses^
of the board at each session shall be paid on the order of
the board, and the certificate of the president, or president
pro tempore, as the case may be, out of such treasury.
1880. (3679) (1070) (1306) Report by the board to
the Legislature. — It shall be the duty of the board of
trustees to make to the Legislature, at each session there-
of, a full report of their transactions, and of the condition
of the university, embracing an itemized account of all
receipts and disbursements on account of the university
by those charged with the administration of its finances.
1881. (3681) (1072) (1309) (430) (384) Interest
on "University fund;" how payable. — The State treas-
urer, must, quarterly, on the last day of December, March,
June and September of each year, pay the "university
fund," as defined by section 1872 (3670) of this Code,
to the treasurer or any authorized agent of the university ;
and on the application of such treasurer or agent, the
State auditor shall draw his warrant on the State treas-
urer for the amount due ; such payments to commence on
the days specified after the present Constitution becomes
operative.
1882. (3682) (1073) (1308) Right reserved to the
Legislature to revise and amend. — The right is reserved
to the Legislature to revise or amend the provisions of
this article, and virtue of the character of the trust con-
PUBLIC. SCHOOL LAWS OF ALABAMA 95
ferred by the act of Congress, to intervene, and, by special
enactment, to direct and control the board of trustees
in the discharge of their duties and functions.
1883. (3683) Law department to receive second-hand
text-hooks from State library. — The justices of the Su-
preme Court are authorized from time to time to set
apart and turn over to the law department of the univer-
sity, copies of such second-hand or superseded law books,
known as text-books, as they may deem expedient, the
marshal and librarian taking proper receipts therefor.
1884. (3684) Law department must be supplied with
Codes. — The secretary of State shall supply to such law
department ten copies of the Code of Alabama and ten
copies of the acts of the Legislature, and ten copies of
«ach volume of the current reports of the Supreme Court,
-as the same may, from time to time, be published.
1885. (3685) Police of grounds; appointment, pow-
ers, and duties. — The president of the university has
authority to appoint or employ one or more suitable per-
sons to act as police officers to keep off intruders and
prevent trespass upon and damage to the property of the
university. Such person shall be charged with all the
duties and invested with all the powers of police officers,
and may eject trespassers from the university buildings
and grounds, and may, without warrant, arrest persons
guilty of disorderly conduct, or of trespass on the property
of the institution, and carry them before the nearest jus-
tice of the peace or other officer charged with the trial
of such offenders, before whom, upon proper affidavit
<jhargihg the offense, such person so arrested may be tried
and convicted as in case of persons brought before him
on a warrant; and such officer or officers shall have
authority to summon a posse comitatus.
1886. Lands, sale, lease, or other disposition provided
for. — The board of trustees of the University of Alabama
may sell, lease, or otherwise dispose of, all or any part of
such land as has been or may be selected under and by
virtue of an act of Congress entitled, "An act to increase
96 PUBLIC SCHOOL LAWS OF ALABAMA
the endowment of the University of Alabama from the
public school lands in said State," approverd April 23^
1884; and may sell lands or any interest therein or part
thereof for such prices and upon such terms as to them
may seem proper. Such sales may be for cash or for
part cash, and the said board of trustees of the University
of Alabama shall not be limited by any statute heretofore
enacted as to what part of the purchase price of such
lands which they have heretofore sold or may hereafter
sell shall be in cash, but the per cent of the purchase
price of such lands that may have been or shall be in
cash, shall be such as said board of trustees of the Univer-
sity of Alabama may agree upon with the purchaser or
purchasers.
1887. Executive committee created and authorized to
act.- — The board of trustees of the University of Alabama
may create an executive committee consisting of three
or more of the trustees composing the said board upon
which committee it may confer full power and authority
to lease, sell, and convey such lands or any part thereof,,
or any interest therein, as fully as said board of trustees
of the University of Alabama could itself do.
1888. Sales, leases, etc., ratified and confirmed. — All
sales, agreements to sell, leases, and other dispositions
of such lands, or any part thereof, or any interest therein,
heretofore made or attempted to be made by the board of
trustees of the University of Alabama, or by any execu-
tive committee by it created, irrespective of the per cent
of the purchase price which may have been paid in cash,
are ratified and confirmed, and shall be binding upon the
board of trustees as fully as if the same were made after
the 28th day of February, 1907, and in cases where the
same were made by an executive committee, as if the same
were made by the board of trustees of the University of
Alabama.
1889. Medical department of the University of Ala-
hama. — The corporation styled the Medical College of
Alabama is dissolved, and the institution heretofore
rUBLIC SCHOOL LAWS OF ALABAMA 97
known as the Medical College of Alabama is constituted
the Medical Department of the University of Alabama,
and shall hereafter be under the sole management, owner-
ship, and control of the board of trustees of the University
of Alabama; but the said Medical Department shall re-
main at Mobile for all time. All appropriations of money
which may hereafter be made in aid of the medical col-
lege shall inure to the benefit of the said Medical Depart-
ment of the University of Alabama, and shall be paid to
the trustees of the University of Alabama for the use and
benefit of said Medical Department at Mobile, Alabama.
ARTICLE 22.
CEMENT LABORATORY.
1893. Testing laboratory for cements. — The testing
laboratory of the University of Alabama is the official
testing laboratory for cements and other materials of
construction.
ARTICLE 23.
SUMMER SCHOOL.
1894. Summer school at university established. — The
trustees of the University of Alabama may establish at
that institution a school to be known as the summer
school for teachers, at which during the summer months
instruction shall be given in all the public school studies
and in such other studies as may be necessary to better
prepare teachers for efficient service in the public schools
of this State.
1895. Annual appropriations. — For the maintenance
of the summer school for teachers, the sum of five thou-
sand dollars is appropriated annually.
1896. Appropriation; how and when paid. — The sum
of five thousand dollars shall, on the first day of July of
4SC
9e PUBLIC SCHOOL LAWS OF ALABAMA
each year, be paid by the State treasurer to the treasurer
of the University of Alabama, on warrants drawn by
the State auditor as warrants are drawn for other appro-
priations to the university. The trustees of the university
shall report in writing to the Legislature at each regular
session thereof the manner in which the appropriation
has been expended.
1897. Matriculation or tuition fee. — No matriculation
or tuition fee shall be charged to Alabama teachers, and
no incidental fee exceeding three dollars per session shall
be charged any Alabama teacher.
1898. Examinatiotis conducted by State board of ex-
aminers annually. — The State board of examiners for
teachers shall conduct or have conducted, annually, at
the university, at the close of the summer school for teach-
ers, an examination for the convenience of teachers at-
tending that school. The examination shall be equal in
all respects to the regular examination required by
law. The same fees shall be charged, and the examina-
tions shall be conducted under the same rules and regu-
lations.
ARTICLE 24.
ALABAMA POLYTECHNIC INSTITUTE.
1899. (3686) (1074) Incorporation of the Alabama
Polytechnic Institute. — The governor and the superin-
tendent of education, by virtue of their respective offices,
and the trustees appointed from the different congres-
sional districts of the State, under the provisions of sec-
tion 266 of the Constitution of 1901, and their successors
in office, are constituted a body corporate under the name
of "The Alabama Polytechnic Institute," to carry into
effect the purposes and intent of the Congress of the
United States in the grant of lands by the act of July 2,
1862.
1900. (3687) (1075) General powers, duties, and
liabilities of institute. — Such corporation shall have all
PUBLIC SCHOOL LAWS OF ALABAMA 99
the rights, privileges, and franchises necessary to a pro-
motion of the end of its creation, and shall be charged
with all corresponding duties, liabilities and responsibili-
ties.
1901. (3688) (1076) Credit of State pledged to pay-
ment of interest. — For the payment of the interest, at the
rate of eight per cent per annum, on the fund of two
hundred and fifty-three thousand and five hundred dollars,
arising from the sale of the script for the land donated in
trust to this State by the act of Congress of July 2, 1862,
the faith and credit of the State are forever pledged.
1902. (3689) (1077) Powers of board of trustees —
The board of trustees have the power to organize the in-
stitute by appointing a corps of instructors, who shall
be styled the faculty of the institute, and such other in-
structors and officers as the interest of the institute may
require; and to remove any such instructors or other
officers, and to fix their salaries or compensation, and
increase or reduce the same at their discretion ; to regu-
late, alter, or modify the government of the institute as
they may deem advisable ; to prescribe courses of instruc-
tion, rates of tuition, and fees ; to confer such academic
and honorary degrees as are usually conferred by institu-
tions of similar character; and to do whatever else they
may deem best for promoting the interest of the institute.
They shall also establish and maintain a military depart-
ment in the institute, and elect a commandant and such
other officers as may be necessary for the department.
1903. (3690) (1078) Classification of trustees. —
The trustees of the institute are divided into three classes,
as follows : The trustees from the fourth, fifth, seventh,
and ninth districts shall constitute the first class; those
from the eighth, sixth, and second districts shall con-
stitute the second class ; and those from the third and first
districts shall constitute the third class; and they shall
hold office, and their seats be vacated as prescribed by
section 266 of the Constitution.
100 PUBLIC SCHOOL LAWS OF ALABAMA
1904. (3691) (1079) Vacancy in office of trustees;
how filled; term of appointee. — Any vacancy in the office
of trustee, occurring during the recess of the Legislature,
shall be filled by appointment of the governor, such ap-
pointee to hold until the next session of the Legislature
thereafter; such vacancy shall be filled by the governor,
by and with the consent of the senate; and any trustee
appointed to fill a vacancy by the governor, by and with
the consent of the senate, shall hold during the unex-
pired term.
1905. (3692) (1080) Time and place of meetings of
trustees. — The board of trustees shall hold their meetings
at the institute on the last Monday in June of each year,
unless the board shall, in regular session, determine to
hold its meetings at some other time and place ; and upon
the application in writing of any four members of the
l)oard, the governor shall appoint a special meeting, nam-
ing the time and place thereof, and cause notices thereof
to be issued to the several members of the board, but
such meeting shall not be appointed for a day less than
twenty days subsequent to the date of the notice.
1906. (3693) (1081) Quorum of board of trustees.—
Six members of the board of trustees shall constitute a
quorum, but a smaller number may adjourn from day
to day until a quorum is present.
1907. (3694) (1082) Payment of expenses to trus-
tees. — The certificate of the president of the board, or,
in his absence, of the president pro tempore, counter-
signed by the secretary, shall entitled the several trustees
to the payment of their actual expenses incurred in the
discharge of their duties as such trustees.
1908. (3695) (1083) When gift or grant not affect-
ed; will not operate a forfeiture. — No grant or gift, by
will or otherwise, shall fail on account of any misnomer
or informality, when the intent of the grantor or donor
can be arrived at; nor shall any default, malfeasance, or
misfeasance, or non-user, on the part of the trustees, or
PUBLIC SCHOOL LAWS OF ALABAMA 101
other officers or agents of such corporation, work a for-
feiture of any of its rights, privileges, powers, or fran-
chises.
1909. (3696) (1084) Report of trustees to Legisla-
ture. — It shall be the duty of the board of trustees to
make, or cause to be made to the Legislature, at each ses-
sion thereof, a full report of their transactions, and of the
condition of the institute, embracing an itemized account
of all receipts and disbursements on account of the insti-
tute by those charged with the administration of its
finances.
1910. (3697) (1085) Interest paid by treasurer;
when bond required of officers or agents. — The State
treasurer must pay the interest on the fund of two hun-
dred and fifty-three thousand and five hundred dollars
arising from the sale of land script quarterly, as the
same may accrue to the treasurer or other authorized
agent or officer of the institute; and on the application
of the treasurer, agent, or officer, the State auditor shall
draw his warrant on the State treasurer for such inter-
est; but in no case shall any person be authorized to
receive, hold, or disburse any fund of the institute, with-
out first having given bond conditioned for the faithful
performance of his duties.
1911. Appropriation in lieu of fertilizer tag tax; how
paid. — In lieu of the share of the proceeds arising from
the sale of fertilizer tags heretofore paid to the Alabama
Polytechnic Institute, the sum of thirty-two thousand dol-
lars for one year 1907-1908, thirty-six thousand dollars
for the year 1908-1909, thirty-eight thousand dollars for
the year 1909-1910, and thereafter forty thousand dollars
annually is appropriated to said institute and the funds
thus appropriated shall be paid out of any funds in the
treasury of the State not otherwise appropriated, which
appropriation shall be paid on the requisition of the pres-
ident and treasurer of said institute, upon the approval
of the governor.
102 PUBLIC SCHOOL LAWS OF ALABAMA
ARTICLE 25.
ALABAMA GIRLS' TECHNICAL INSTITUTE.
1912. Corporate name; rights and powers of. — "The
Alabama Girls' Industrial School" heretofore established
at Montevallo, is a body corporate under the corporate
name of "The Alabama Girls' Technical Institute" and by
that name may sue and contract, take and hold real and
personal property, and have all the powers of a corpora-
tion established to carry on a State educational institution
of the highest grade and rank.
1913. Trustees; term of office; vacancy; how filled. —
The corporation and school shall be governed by a board
of trustees composed of the governor, the superintendent
of education, one trustee from every congressional dis-
trict, and two trustees from the State at large. The trus-
tees from the odd numbered district shall hold office till
the first Monday after the second Tuesday in January,
1911, and till their successors are appointed and quali-
fied, who shall hold office for a term of eight years, and
till their successors are appointed and qualified.
The trustees from the even numbered districts and
from the State at large shall hold office till the first Mon-
day after the second Tuesday in January, 1915, and till
their successors are appointed and qualified, who shall
hold office for a term of eight years, -and till their suc-
cessors are appointed and qualified, and thereafter the
term of office of every trustee shall be eight years.
Whenever a vacancy occurs in the office of trustee,
the governor shall appoint a successor, who shall hold
office till the next meeting of the Legislature, when the
governor, by and with the advice and consent of the sen-
ate, shall appoint a trustee, who shall hold office for the
unexpired term.
Upon the expiration of the term of office of any trustee
the governor shall, by and with the advice and consent of
the senate, appoint a successor.
A trustee shall be ineligible to be elected to any office
by the board of trustees.
PUBLIC SCHOOL LAWS OF ALABAMA 103
1914, Purposes for which school established. — The
school is established for the purpose of giving therein
instruction in the liberal arts and sciences, and the follow-
ing academic departments are established, for every one
of which a professor shall be selected as hereinafter pro-
vided, namely:
1, English — literature and expression ; 2, mathematics ;
3, history and political economy ; 4, psychology and educa-
tion ; 5, ancient languages ; 6, modern languages ; 7, chem-
istry and geology ; 8, physics and astronomy ; 9, biology —
botany, floriculture, and horticulture.
And the following industrial departments are estab-
lished, for every one of which a director shall be selected
as hereinafter provided:
1, Art — drawing, painting, and designing; 2, vocal mu-
sic; 3, instrumental music; 4, commercial — bookkeeping,
stenography, typewriting, telegraphy; 5, domestic art —
sewing, millinery, dress-making; 6, domestic economy —
cooking, chemistry of foods ; 7, dairying ; 8, physical cul-
ture ; 9, manual training.
And the trustees shall, from time to time, establish and
maintain departments wherein every other branch of
human knowledge or industry by which women may live
shall be taught.
The trustees may leave vacant the office of professor
or director in any department, as the best interests of the
school may require, and cause instruction to be given
therein by some competent instructor selected as the pro-
fessors and directors are selected.
The president, professors, and directors shall constitute
the faculty of the school.
1915. Powers to confer honorary degrees; diplomas,
certificates, etc. — The trustees of the school, by and with
the advice and consent of the president and faculty, may
confer regular and honorary degrees upon such persons
as they deem worthy thereof, and may grant and confer
degrees, diplomas, or certificates of proficiency or distinc-
tion upon such students as may be entitled thereto under
the laws established by the trustees governing this sub-
ject.
104 PUBLIC SCHOOL LAWS OF ALABAMA
1916. President; election and qualification of. — The
trustees shall elect a president for a term to be fixed by
them, who shall not be removed during the term for
which he is elected, except for just cause, which shall be
explicitly set forth in writing in the minutes of the pro-
ceedings of the trustees and approved by a majority of all
trustees. No person shall be eligible to the office of presi-
dent unless he is a graduate of some college or university
of well-known high standing, an educator by profession,
of good moral character, and possessing good business
and administrative qualifications, and if a man, must be
a married man. The trustees shall fix the salary of the
president before electing a person to the office, and shall
not decrease the amount thereof during the term of office
without the consent of the president.
1917. Departments; professors and directors; hoio
chosen. — The trustees shall establish such additional de-
partments, academic and industrial, in the school as they
deem necessary and proper, and fix the salary or compen-
sation to be paid to the professors, directors, and instruc-
tors therein. The president of the school shall by and
with the advice and consent of the board of trustees, ap-
point all the professors, directors, and instructors of all
the departments of the school. Whenever a nomination
is rejected by the trustees the president, if he so desires,
shall have reasonable time within which to make another
nomination, but he shall not have the power to nominate
any person rejected within one year thereafter. Should
the president fail or refuse to nominate any one to be a
professor, director, or instructor, the trustees shall elect
such professors, directors, and instructors as they deem
necessary or proper.
1918. Secretary of trustees. — The trustees shall elect
a secretary, who shall hold office for the term and receive
such compensation as may be fixed by the trustees, and
shall perform such services as may be required of him.
1919. Treasurer; election, duties, and bond of. — The
trustees shall elect a treasurer, who shall not be a trustee,
who shall receive, hold, and pay out all moneys belonging
PUBLIC SCHOOL LAWS OF ALABAMA 106
to the school, or that may be paid in for the necessary
expenses of any student in the school, or for her use and
benefit, and the treasurer shall hold office for the term and
receive such compensation as may be fixed by the trus-
tees. Before entering upon his duties, the treasurer must
give bond in such penalty as the trustees may fix, payable
to "The Alabama Girls' Industrial School," with condi-
tions that he will faithfully receive, safely keep, and law-
fully pay out, and promptly, fully and fairly account for
all moneys or choses in action which may come to him
by virtue of his office, and the trustees may require a new
bond, or an additional bond, whenever they judge that the
interest of the school requires it.
1920. Removal of treasurer. — Whenever the funds in
the hands of the treasurer, or about to be received by him,
are in danger of being lost, the trustees may remove the
treasurer from office and take from him all funds and
choses in action belonging to the school or any pupil
therein, and may, in that event, appoint a temporary cus-
todian with bond or security to hold such funds.
1921. Books of institution kept; must be open to in-
spection. — The secretary, treasurer, and all other officers,
agents, or servants of the school who are required to
keep, use, or dispose of any property or supplies of the
school, shall keep accounts of their transactions in books
to be furnished them by the trustees, which shall at all
times be open to the inspection and examination of the
president, the trustees, or any one appointed by the trus-
tees thereto, and any person withholding such book or
books belonging to the school from the inspection of any
officer entitled to examine the same, shall be immediately
removed from his office or employment by the president
or trustees.
1922. Pupils admitted; qualifications of. — Any white
girl residing in Alabama, of good moral character, in
good health, and of sufficient physical and mental develop-
ment, to be judged of by the president, and over the age
of fifteen years, who shall comply with all the require-
ments prescribed by the trustees, may be admitted into
106 PUBLIC SCHOOL LAWS OF ALABAMA
the school, and upon completing the course of study pre-
scribed at the time of her admission, to the satisfaction
of the faculty, shall receive the degree and diploma or
certificate she may have earned. Whenever the accom-
modations of the school are sufficient to admit more stu-
dents than apply from Alabama, then students from other
states, territories, or foreign countries may be received
and instructed in the school upon such terms and condi-
tions as may be imposed by the trustees.
1923. Property exempt from taxation. — The property
of the school, of every kind and description, shall forever
be exempt from all taxes, municipal, county, or state, and
from all local assessments. The president, and all other
teachers and officers, who may be men, are exempt from
jury duty and from working public roads or streets ; and
the salary, wages, or compensation of all officers, teachers,
and servants of the school shall be exempt from the proc-
ess of garnishment or attachment.
1924. Scholarships. — Every trustee of the school shall
have the right to appoint one student possessing the quali-
fications hereinbefore prescribed, who shall be boarded
and instructed in the school free of all charges for board,
washing, lights, books, and incidental fees, but a student
shall not be eligible to appointment for more than four
years, nor shall any girl be appointed under this provi-
sion who is able to pay for her education, or whose par-
ents, or either of them, have the ability to pay for her
education in the school.
1925. Duties of students. — As far as may be prac-
ticable students in the school shall be employed in giving
assistance in any department of work of the school to
enable them to obtain instruction therein, but students
shall be employed only in cases and to the extent that
they may be able to render efficient service without injury
to themselves or to the school.
1926. Rights confirmed, etc. — All rights of property
in action which may have accrued to the school before the
PUBLIC SCHOOL LAWS OF ALABAMA 107
adoption of this Code are confirmed and preserved, and
no grant or gift of any valuable thing or right shall fail
by reason of a mistake in the name of this corporation or
school; provided the intention to grant or give to this
school may be derived from the words used in designating
the benficiary or grantee. All rights, powers, and reme-
dies granted in and by an act to create and establish an
industrial school in the State of Alabama for white girls,
approved February 21, 1893, and any act amendatory
thereof, are confirmed and preserved.
1927. Instruction free. — Instruction in the school shall
be given without charge to all pupils admitted who are
residents of this State.
1928. Power to condemn property. — Whenever the
school needs any land near the school for any purpose
of the school, and the owner theerof is a minor or an
insane person, or refuses to sell the land to the State for
the use of the school, the trustees shall have authority
to institute in the probate court of Shelby county proceed-
ings in the name of the State of Alabama, to condemn
such land, which proceedings shall be conducted as near
as may be possible in accordance with the provisions of
sections 3860-3903 (1712-1742) of the Code. It shall be
the duty of the trustees to pay out of the funds of the
school all costs of every condemnation proceeding insti-
tuted by them under the power hereby conferred.
1929. Appropriation for girls' industrial school. —
For the regular maintenance of the Alabama Girls' Indus-
trial School there is appropriated, annually, thirty-six
thousand dollars, to be paid in quarterly installments of
nine thousand dollars to the treasurer of the school upon
the order of the president of the school.
1930. Title to and sale of land of industrial school for
girls. — The title to all lands granted by the Congress of
the United States to the State of Alabama, "for use of"
said industrial school, is retained until the trustees of the
school shall sell the same, which sale shall be made only
with the approval of the governor, and when any sale
108 PUBLIC SCHOOL LAWS OF ALABAMA
shall have been made, the governor, upon the request of
the trustees, shall convey the lands sold to the purchaser,
and all the proceeds arising from the sale of lands shall
be paid into the treasury of the State to remain forever
as a fund for the use of the school, and upon which there
shall be paid to the school interest at the rate of six per
cent, per annum, in quarterly installments.
1931. Deposits of proceeds of sales, leases, etc., of
school lands; payment of expenses of selling, etc. — The
proceeds of all lands sold or leased by the Alabama Girls'
Industrial School shall be paid into the State treasury,
and the school, out of the money appropriated by the
State for the maintenance of the school, shall pay all the
expenses of caring for, protecting, and selling the lands.
1932. Interest on land fund paid quarterly. — On the
last day of every quarter the State treasurer shall pay
to the treasurer of the Alabama Girls' Industrial School,
.upon the order of the president of the school, interest at
the rate of six per cent per annum on the whole amount
of the fund in the State treasury at the close of every
quarter, arising from the sale of lands, and upon every
sum paid into the State treasury before the current quar-
ter upon which interest has never been paid ; and all laws
or parts of laws in conflict herewith are hereby expressly
repealed. It being the purpose and intent of the State
of Alabama to execute in good faith the trust reposed in
it by Congress when granting the lands to the State for
the benefit of the school, and to preserve the proceeds
arising from the lease or sales of the lands of the school
so granted by Congress as a fund forever, and to pay the
interest thereon for the support and maintenance of the
school.
. ARTICLE 26.
ALABAMA INSTITUTE FOR THE DEAF.
1933. (3698) (1086) (1311) (1025) Educational
institutions for the deaf established. — There is estab-
PUBLIC SCHOOL LAWS OF ALABAMA 10»
lished in this State and located at Talladega, an institution
for the education of the deaf, called the Alabama School
for the Deaf.
1934. (3699) (1087) (1312) (1026) Incorporation
of such institution. — The governor, the superintendent of
education, and eleven other persons, appointed as herein-
after provided, are made a body corporate, with the
rights of succession forever, by the name of the Alabama
School for the Deaf; and such corporation may acquire
and hold property; real and personal, by gift, devise, or
any other manner, for the purpose of its creation; may
sue and contract ; may have and use a common seal ; break
or alter the same at pleasure, and may have all the powers
necessary and proper to accomplish the purposes of this
article.
1935. (300) (1088) (1313) (1027) Eleven trustees
appointed by the governor; board of trustees. — Such
board of trustees shall consist of the governor, the super-
intendent of education, and eleven other persons, who
shall be appointed by the governor and confirmed by the
senate at the meeting of the Legislature next following-
such appointment, and if any appointment by the gover-
nor is rejected by the senate, the governor must again
appoint until the full number of appointments at such
time is complete; and in case of a vacancy on said board
by death or resignation of a member, or from any cause
other than the expiration of his term of office, the gover-
nor may fill the vacancy by appointment, which shall be
good until the next meeting of the Legislature, and until
his successor is duly appointed and confirmed. Each
trustee shall hold office for a term of six years. The
board shall consist of three members from the congres-
sional district in which the school is located, and one
from each of the other congressional districts in the
State. The three members from the district in which
the school is located shall be appointed from Talladega
county. The board shall be divided into three classes.
The members from the first, second, third, and one mem-
ber from the fourth district, shall compose the first class.
110 PUBLIC SCHOOL LAWS OF ALABAMA
The members from the fifth, sixth, and one member from
the fourth district, shall compose the second class. The
members from the seventh, eighth, ninth, and one mem-
ber from the fourth district, shall compose the third class.
Successors to those trustees whose terms expire in 1908
shall hold office until 1914; successors to those trustees
whose terms expire in 1910 shall hold office until 1916;
successors to those trustees whose terms expire in 1912
shall hold office until 1918; and thereafter their succes-
sors shall hold office for a term of six years; and the
members of the board of trustees, as now constituted and
elected, shall hold office until their respective terms ex-
pire under existing law ; and until their successors are ap-
pointed and confirmed as herein required. No trustees
shall receive any pay or emolument other than his actual
expenses incurred in the discharge of his duties as such.
These eleven persons, and the governor and the superin-
tendent of education, constitute a board of trustees who
shall have entire management and control of such institu-
tion. I
1936. (3701) (1089) (1314) (1028) Quorum and
meetings of board; secretary and treasurer. — A major-
ity of such board may act, and may meet and adjourn
from time to time as, in their judgment, the interest of
the institution may require. They must appoint a secre-
tary and keep a complete record of all their proceedings
in a well-bound book ; and they shall also appoint a treas-
urer, who shall not be a trustee, who shall give bond in
such amount as the board may determine, and with such
sureties as they may deem sufficient, for the faithful
discharge of his duties as such treasurer ; and he and his
sureties shall be -responsible for all funds which may
come into his hands by virtue of his office.
1937. (3702) (1090) (1315) (1029) Duties of
treasurer. — The treasurer must pay over such funds as
may come into his hands as such on the written order of
the principal of the school, countersigned by the secre-
tary and recorded in the minutes or records of the pro-
ceedings of the board, kept by such secretary, and the
PUBLIC SCHOOL LAWS OF ALABAMA 111
treasurer shall make a full report at the close of the fiscal
year, and oftener, if required by the governor.
1938. (3703) (1091) (1316) (1030) President of
board; teachers; compensation of officers. — The board
must appoint from their number a president, and they
must also appoint a principal teacher for such institution,
who may nominate to the board such other assistants in
the institution as he may think necessary for its success-
ful management, such board having power of confirma-
tion or rejection. The board must fix the amount of
compensation for each of the officers and teachers, and
the time of payment.
1939. (3704) (1094) (1319) (1032) Object of the
SCHOOL; application and admission; term of pupilage. —
The object of such school shall be to afford the means
of education to the deaf of the State. All deaf children
of the State between the ages of seven and twenty-one
who are of sound mind, free from disease, and of good
character, may be admitted to the benefits of this school.
All applicants must make satisfactory proof to the board
of trustees that they are citizens of the State, and that
they are proper candidates for admission. Proof may be
made by the applicant in person, or by next friend or by
affidavit of any person cognizant of the facts, before the
probate judge or notary public. The length of time which
any piipil may continue in school shall not exceed ten
years. Provided, however, that the board of trustees
may increase the term of a pupil from year to year upon
recommendation of the principal, to not exceeding four
additional years, and no pupil shall be retained in school
after having passed the age of twenty-five. No pupil shall
be retained in school after it has been ascertained that
such pupil has ceased to make progress or is not being
benefited. Any pupil may be dropped at any time for
cause by the board of trustees.
1940. (3708) (1098) {1^2^) Selection and powers of
executive committee. — The board may select from their
number an executive committee of three, subject to
112 PUBLIC SCHOOL LAWS OF ALABAMA
change and removal by the majority of the board at any
time ; and such committee is authorized to meet and trans-
act any business that may be transacted by a majority
of the board; and whatever acts such committee may do
shall be considered as done by the whole board.
1941. (3710) Appropriations for each pupil. — For
the maintenance and the support of the Alabama School
for the Deaf the sum of two hundred and thirty-five dol-
lars per pupil is hereby annually appropriated out of any
money in the treasury not otherwise appropriated, such
an appropriation to be based upon the number of pupils
enrolled on the first day of January in each year, and to
be drawn quarterly in advance by the treasurer of the
board, and disbursed as directed by them.
1942. (3711) Property to be insured and kept in
repair; appropriation therefor. — The board of trustees
must provide good and sufficient insurance, payable to the
State of Alabama, upon the property of the State and
under their control, and keep and maintain such property
in good repair; and for these purposes there is annually
appropriated the sum of three thousand dollars ($3,000)
to be drawn as appropriations for the support of the
institute are drawn. Such appropriation shall be ex-
pended only for the purpose herein specified.
ARTICLE 27.
ALABAMA ACADEMY FOR THE BLIND.
1943. (3712) Educational institution for the blind
established. — There is established in this State and lo-
cated at Talladega, an institution for the education of the
blind, called the Alabama School for the Blind.
1944. (3713) Control and management. — Such insti-
tuion is under the control and management of the board
of trustees of the Alabama School for the Deaf, who may
prescribe rules and regulations for the conduct of the
PUBLIC SCHOOL LAWS OF ALABAMA 1 13
same. The principal for the Alabama School for the Deaf
is the chief executive officer.
1945. (3714) Objects of school; application and ad-
mission; term of pupilage. — The object of such school
shall be to afford means of education to the blind of the
State. All blind children of the State between the ages
of seven and twenty-one who are of sound mind, free
from disease, and of good moral character may be ad-
mitted to the benefits of this school. All applicants must
make satisfactory proof to the board of trustees that they
are citizens of the State, and that they are proper candi-
dates for admission. Proof may be made by the appli-
cant in person, or by next friend, or by affidavit, or by
affidavit of any person cognizant of the facts, before a
probate judge or notary public. The length of time which
any pupil may continue in school shall not exceed ten
years; provided the board of trustees may increase the
term of any pupil from year to year, upon the recom-
mendation of the principal, to not exceeding four addi-
tional years. And no pupil shall be retained in school
after having passed the age of twenty-five. No pupil
shall be retained in school after it has been ascertained
that such pupil has ceased to make progress or not being
benefited. Any pupil may be dropped at any time for
cause by the board of trustees.
1946. (3716) Appropriations for each pupil. — For
the maintenance and support of the Alabama School for
the Blind the sum of two hundred and fifty dollars per
pupil is hereby annually appropriated, such appropria-
tion to be based upon the number of pupils enrolled on
the first day of January of each year, and to be drawn
quarterly in advance by the treasurer of the board, and
disbursed as directed by them.
1947. (3717. Officers and teachers. — All officers and
teachers of such institution must be appointed, and the
salaries fixed and paid in like manner as the officers and
teachers of the Alabama School for the Deaf are ap-
pointed and their salaries are fixed and paid.
114 PUBLIC SCHOOL LAWS OF ALABAMA
1948. (3719) Laws relating to the Alabama School
for the Deaf applicable. — All laws now in force or here-
after enacted relating to the admission of pupils and the
management and control of the Alabama School for the
Deaf are applicable to the Alabama School for the Blind,
except so far as such laws may be inconsistent with the
provisions of this article.
ARTICLE 28.
ALABAMA SCHOOL FOR NEGRO DEAF MUTES AND BLIND.
1949. (3720) Educational institutions for negro deaf
and blind established. — There is established in this State
and located at Talladega, an institution for the education
of negro deaf and blind, called the Alabama School for
Negro Deaf and Blind.
1950. (3721) Control and management. — Such insti-
tution is ander the control and management of the board
of trustees of the Alabama School for the Deaf, who may
prescribe rules and regulations for the conduct of the
same. The principal of the Alabama School for the Deaf
is the chief executive officer.
1951. (3723) Object of school; application and ad-
mission; term of pupilage. — The object of such school
shall be to afford the means of education to the negro
deaf and blind of the State. All negro deaf and blind
children between the ages of seven and twenty-one who
are of sound mind, free from disease, and of good char-
acter may be admitted to the benefits of the school. All
applicants must make satisfactory proof to the board of
trustees that they are citizens of the State, and that they
are proper candidates for admission. Proof may be
made by the applicant in person, or by next friend, or
by affidavit of any person cognizant of the facts, before
a probate judge or notary public. The length of time
which any pupil may continue in school shall not exceed
ten years; provided, the board of trustees may increase
PUBLIC SCHOOL LAWS OF ALABAMA 115
the term of a pupil from year to year, upon the recom-
mendation of the principal, to not exceeding four addi-
tional years. No pupil shall be retained in school after
having passed the age of twenty-five. No pupil shall be
retained in school after it has been ascertained that such
pupil has ceased to make progress, or is not being bene-
fited. Any pupil may be dropped at any time for cause
by the board of trustees.
1952. (3725) Appropriations for each pupil. — For
the miantenance and support of the Alabama School for
Negro Deaf and Blind the sum of two hundred and thirty
dollars per pupil is hereby annually appropriated, such
an appropriation to be based upon the number of pupils
enrolled on the first day of January in each year, and to
be drawn quarterly in advance by the treasurer of the
board, and disbursed as directed by them.
1953. (3726) Laws relating to the Alabama School
for the Deaf applicable. — All laws now in force or here-
after enacted relating to the admission of pupils and
the management and control of the Alabama School for
the Deaf, are applicable to the Alabama School for Negro
Deaf and Blind, except so far as such laws may be incon-
sistent with the provisions of this article.
ARTICLE 29.
REFORMATORY AND INDUSTRIAL SCHOOL.
1954. Corporate name; rights and powers. — There is
established a reformatory and industrial school, under
the name and style of the "Alabama Industrial School,"
which is a body corporate, and, as such, shall have per-
petual succession, may sue, and may have and use a
common seal, which it may change or alter at its pleasure,
and may acquire by purchase, or by condemnation pro-
ceedings in the probate court of Jefferson county, in the
name of the State of Alabama, such property, real and
personal, as may be necessary or proper for its purposes.
116 PUBLIC SCHOOL LAWS OF ALABAMA
and may have and exercise all such powers and privileges
as may be necessary or proper for carrying out the pur-
poses of its organization, as herein declared.
1955. Dnectors nominated by governor; term of of-
fice. — The business, property, and affairs of the corpora-
tion shall be under the management and control of a
board of directors, which shall consist of seven ladies
and the governor, the commissioner of agriculture and
industries, and the attorney-general of the State, who
shall be ex officio directors. The ladies constituting the
first board of directors shall be nominated by the governor
and confirmed by the senate, and those thus nominated
and confirmed shall hold, two for two years, two for four
years, and three for six years; those holding for these
respective terms to be designated by the governor in mak-
ing nominations therefor to the senate. Thereafter the
lady members of said board shall be elected by the con-
tinuing members thereof at the expiration of their respec-
tive terms ; and all vacancies caused by death, resignation,
or otherwise, shall be filled by the board. The term of
office of each member of the board, after the expiration
of the first term, shall be for six years.
1956. Officers, agents, and employees. — The board of
directors shall elect a president, vice-president, secretary,
and treasurer, and such other officers, agents, and em-
ployees as to them shall seem necessary or expedient,
whose term of office of employment shall be for such time
as the board may prescribe; and the board may remove
any such officer, agent or employee at any time, with
or without cause. The board may also fill all vacancies
occurring in any such offices.
1957. By-laws. — The board of directors may make
such by-laws, rules, and regulations, not inconsistent with
the laws of this State, as shall be necessary or expedient
for the government and management of said institution,
and of its officers, agents, and employees, with power ta
alter, modify, change, or repeal the same.
PUBLIC SCHOOL LAWS OF ALABAMA • 117
1958. Meetings of the board. — The board shall meet
annually, at such time and at such place as may be pre-
scribed by the by-laws; and special meetings may be
held at the call of the president, or of the governor, or
of a majority of the lady directors, upon such notice as
may be prescribed by the by-laws.
1959. White children bettveen ages of six and eighteen
provided for. — Said school shall receive, care, and pro-
vide for the welfare of white boys between the ages of
six and eighteen, who, by their course of conduct or
surroundings, are likely to become base or criminal, or
hurtful to the State or the best interests of society, to
be committed to the keeping of said school under the pro-
visions of this article, or who may be voluntarily com-
mitted to its keeping by the parent or parents, or person
having them in charge, or who, having no parent, guard-
ian, or other person to care for them, voluntarily commit
themselves to its keeping.
1960. Commitment of children to reformatory. — Any
justice of the Supreme Court, chancellor, judge of pro-
bate, circuit judge or judge of any city or criminal court
of this State may cause to be brought before him, upon
his own motion, or the sworn complaint of another, any
white boy between the ages of six and eighteen years,
who may come within any of the following descriptions,
to-wit: Any white boy who is begging, or anyone who
is offering for sale or selling anything as mere cover for
begging. Any who have been abandoned by their parents,
or who have abandoned their parents and homes, and
have no visible means of support. Any who do not at-
tend the public schools, and idle away their time in the
streets, without any actual occupation or means of sup-
port. Any who are orphans, and have no sufficient or
proper guardian to care for their physical, moral, and
mental welfare, to insure the child against pauperism and
crime. Any who may be found destitute, or whose par-
ents are both drunkards, or whose mother is a drunkard,
lewd, or in prison; and such child is not supported and
controlled. Any who shall have been arrested and brought
118 . PUBLIC SCHOOL LAWS OF ALABAMA
before police courts repeatedly for petty offenses, and
shall appear to be beyond control of parents. And upon
any such child being brought before him, such judge shall
proceed, at such time as he may appoint, to investigate
the condition and surroundings of such child, and upon
such investigation, if he shall be satisfied that the child
comes within any one of said descriptions, and that it
would be for the interest of such child that he or she be
committed to said institution, he will make an order to
that effect and commit the child to said institution, to be
held and provided for under its rules and regulations. At
any such investigation, the judge holding the same shall
allow any one to appear for the child and resist such com-
mitment ; and he shall not make any such commitment if
the parent, guardian, or a person who is related to the
child within the fourth degree, and sufficiently qualified
in his opinion to take care of and provide for the child,
will appear and agree in writing to take care of and
provide for the child until he shall arrive at the age of
sixteen years.
1961. Appeals from decision committing child. — Any
child brought before any judge for such commitment, or
any person for such child, may within five days, appeal
from the decision of the judge committing him, to the
circuit or city court held in the county in which such
investigation is had, upon giving bond, with sufficient
sureties, to be approved by the judge, and in such sum
as may be fixed by him, to have the child forthcoming
when the appeal is heard ; and if the appeal be taken by
any person for the child, the bond shall further provide
for the maintenance of the child until said appeal is dis-
posed of. If, upon hearing of the appeal, the decision of
the judge causing the commitment is sustained, the child
shall be committed by the court to said institution ; but if
that decision is not sustained, the child shall be dis-
charged. And the judge before whom such investigation
is made, or to be made, may issue all process that may be
necessary to have the child brought before him, or for
commitment; and such process shall be executed by the
sheriff of the county.
PUBLIC SCHOOL LAWS OF ALABAMA 119
1962. Time children shall be kept in reformatory. —
Any child committed to said institution under the provi-
sions of this article shall be kept therein until he arrives
at the age of twenty-one years, unless sooner dismissed
therefrom by the order of the board of directors, or in
pursuance of any by-laws of the institution, or by order
of the governor of the State.
1963. Reports to Legislature. — The ex officio mem-
bers of the board shall at least once a year visit the insti-
tution and examine into its management and condition;
and at each session of the Legislature they shall make to
that body a report touching the institution and its man-
agement and condition.
1964. Criminal children sentenced to school. — When
any white boy between the ages of seven and sixteen
years shall have been tried and convicted of any crime
punishable by imprisonment in the penitentiary, or in
jail, or by hard labor for the county, before any court of
this State, the court may, if of the opinion that the inter-
ests of the child would thereby be promoted, sentence
such child to commitment to said school, in lieu of such
imprisonment, or hard labor for the county.
1965. May receive children without authority of court.
— Said institution may, in its discretion, receive any child
placed in its care and keeping by its parent or parents,
without the authority of any court, and may keep said
child until it is twenty-one years of age; but this shall
not be done without first making provisions for. the main-
tenance of said child under the rules and regulations of
said institution.
1966. Exclusive custody of children who are commit-
ted. — From the time of the lawful reception of any child
into the institution, and during its stay, said institution
shall have the exclusive care, custody, and control of the
child, under such rules and regulations as the board of
directors may provide.
120 PUBLIC SCHOOL LAWS OF ALABAMA
19674 Instructions given children committed. — The
officers of said school shall receive and take into it all
children committed thereto by competent authority, or
received therein as aforesaid, and shall cause all children
in the school to be instructed in such branches of useful
knowledge as may be suited to their years and capacities.
The boys shall be taught such useful trades as the board
may direct, and they shall be taught according to the
course of the public schools of the State.
1968. Treasurer of school; bond of. — The treasurer
of the school shall, before entering upon the discharge
of the duties of office, execute bond, payable to the "Ala-
bama Industrial School," with good and sufficient sure-
ties, and in such sum as the board of directors may pre-
scribe, and with condition to faithfully discharge the
duties of his office.
1969. Detention and keeping of children; authority
for. — Any commitment under this article, whether by
judge, court, or parent, or other person having in charge
the child, shall be full, sufficient, and competent authority
to the officers and agents of said school for the detention
and keeping therein of the child so committed.
1970. Convict children separated from others. — Pro-
vision shall be made for the care of convict children, sepa-
rate and apart from the other children, so far as the same
can be done with the means at hand.
ARTICLE 30.
PREPARATORY SCHOOL FOR MINES AND MINING.
1971. Incorporation and name. — J. J. Mayfield, E. N.
C. Snow, Hugh Morrow, T. H. Aldrich, H. W. DeBardele-
ben, J. Collier Foster, and S. Friedman, and their succes-
sors in office, are a body corporate, to be known and
styled "A preparatory school for mines and mining for
the State of Alabama," for the purpose of preparing
white children of Alabama for the study and pursuit of
the science and art of mining.
PUBLIC SCHOOL LAWS OF ALABAMA 121
1972. Location and powers of. — The situs and place
of business of said corporation shall be at Tuscaloosa,
Alabama ; said corporation may own, possess, and receive
by gift, purchase, gi'ant, or devise, or in any other man-
ner, real and personal property, so long as the same
have all other powers necessary to carry into effect and
operation the objects and purposes for which the corpora-
tion is established, or which have been heretofore granted
by the State to other educational institutions may be used
for the school purposes, or in any wise contributing to
the maintenance or preparing and instructing the white
children of the State in the arts and sciences of mining.
And the said corporation may dispose of said property
by sale, grant, or otherwise, and shall have all other pow-
ers necessary to carry into effect and operation the objects
and purposes for which the corporation is established,
or which have been heretofore granted by the State to
other educational institutions not inconsistent with the
provisions of this article.
1973. Faculty; election and term of office. — The trus-
tees of said corporation shall elect the professors and
teachers in said school, and fix their salaries and terms
of office, who shall constitute the faculty of said school,
which shall institute and prescribe a course of studies
to be pursued in said school, and the said faculty so con-
stituted may issue certificates of proficiency to the stu-
dents in said school. A majority of the trustees hereto-
fore appointed shall constitute a quorum for the transac-
tion of all business in behalf of this corporation.
1974. Trustees; classification and terms of office. —
The trustees hereinbefore appointed and named shall be
divided into five classes, viz. : Classes one, two, three,
four, five and each class shall hold office respectively for
the terms of one, two, three, four, and five years each,
classification to be determined in the order in which they
are named in the first section of this article ; at the expira-
tion of the respective terms of each of said trustees his
successor shall be elected by a majority of the other
trustees; provided, that after the expiration of the term
122 PUBLIC SCHOOL LAWS OF ALABAMA
of the trustees herein named, in the manner herein pro-
vided, the term of office as to all successors shall be for
five years, and until their successors are elected and quali-
fied.
No. 629.) AN ACT (S. 171.
To amend article 31, chapter 41, of the Code of Ala-
bama, 1907.
Be it enacted by the Legislature of Alabama:
That article thirty-one (31) of chapter forty-one (41)
of the Code of Alabama of 1907 be and the same is hereby
amended so as to read as follows :
1. That the sum of $134,000 shall be appropriated an-
nually for the purpose of aiding in the erection, repair
and equipment of rural schoolhouses in this State from
any funds in the treasury not otherwise expended, pro-
vided however that $67,000 of the above appropriation
shall act so as to decrease the amount that may be appro-
priated to the general educational fund to that extent,
and provided further that not more than $2,000 of this
annual appropriation shall be used or paid out in any one
county of this State in one fiscal year except the fund
arising from unexpended balances as hereinafter pro-
vided.
2. That three or more citizens of any rural community
or of any incorporated town in this State under the con-
trol of the county board of education, where it is pro-
posed to erect a school building according to plans fur-
nished by the State department of education or to repair
or to equip a school building according to plans approved
by the State department of education, shall be eligible
to make application to the county board of education for
aid subject to the following conditions:
The application shall show that bona fide donations of
at least twice the amount for which aid is asked have al-
ready been secured, and the application shall also con-
tain a description of the plot of land upon which the
public school building for which aid is sought is located
or is to be erected. The maximum amount for which
PUBLIC SCHOOL LAWS OF ALABAMT^ 123
application is made for the erection of a school building
shall not exceed four hundred dollars for a school build-
ing with one class room, six hundred fifty dollars for a
school building with two class rooms, nine hundred dol-
lars for a school building with three class rooms, twelve
hundred dollars for a school building with four class
rooms, and fifteen hundred dollars for a school building
with five or more class rooms. In the granting of aid
in the erection of buildings under provisions of this sec-
tion, the class room shall not be interpreted to include
auditorium or work room but additional aid in the sum
of three hundred dollars over and above the maximum
amount specified for each type of building enumerated
above, shall be available under the same conditions for
the erection of an auditorium, and a further like amount
shall be available for the erection of one work room of
standard size. The maximum amount for which applica-
tion is made for the repair or equipment of a school
building shall not exceed four hundred dollars, provided
that no application for repair or equipment for less than
fifty dollars shall be considered. It shall be stipulated in
each application that separate toilets for boys and girls
to conform to standards set up by the State Board of
Health will be erected.
Sec. 3. That the county board of education shall con-
sider all applications filed, shall approve such as seem
most worthy under such regulations, as may be prescribed
by the State superintendent of education, and shall keep
a record of the proceedings showing the application ap-
proved by the board, the amount of the bona fide dona-
tions and the amount which the board recommends to be
given to any school. The county board of education shall
certify to the State superintendent of education the
amount of donations which have been paid over to the
county treasurer of public s.chool funds ; and that a deed
in fee simple to not less than two acres of land, if for
the repair or equipment of any school building or for
the erection of a school building with not more than two
class rooms, and of not less than five acres of land for a
school building containing three or more class rooms has
been executed to the State of Alabama, provided thai
124 PUBLIC SCHOOL LAWS OF ALABAMA
when application is made for the repair or equipment of
any building the title to the property may be vested in the
county board of education. The said certificate shall show
the amount of money recommended to be given to the
school; provided, that the deed or deeds conveying the
title to the property shall accompany the certification
made to the State superintendent of education and shall
remain on file in his office.
4. That before approving any application for aid which
has been properly certified to him the State superin-
tendent of education shall satisfy himself that the condi-
tions of this act have been fully complied with. If he
approves the application as certified to him by the county
board of education he shall request the State auditor to
draw his warrant on the State treasurer for the amount
for which the application is approved. The State auditor
shall draw his warrant on the State treasurer for the
amount of money to be given to the school as shown by
the requisition of the State superintendent, making the
warrant payable to the county treasurer of public school
funds of the county wherein the school is located and
shall indicate therein for the benefit of what public school
the same is issued. The warrant shall be delivered to
the State superintendent of education who shall forward
the same to the county treasurer of public school funds
of the county wherein the school receiving the aid is
located and shall also notify the county board of education
of that fact, provided, that all persons receiving any war-
rant or the proceeds thereof issued under this act shall
issue a receipt to the person from whom he receives the
same.
5. That the erection, repair, and equipment of any
school building under the provisions of this act shall be
under the direction and control of the county board of
education. To this end the board shall authorize all con-
tracts and shall order the county treasurer of public
school funds to make payment of the amount due under
any contract, provided, that not more than two-thirds of
the total amount for the erection, repair, or equipment of
any school building, including the donations and the
amount received from the State, shall be paid out until
PUBLIC SCHOOL LAWS OF ALABAMA 125
the inspection required under section 6 of this act has
been made and approval certified to the county treasurer
of public school funds and to the county board of educa-
tion ; and provided further, that the State warrant, issued
under the provisions of this act, shall not be cashed until
inspection has been made and approval certified by the
State superintendent of education.
6. That whenever the county board of education shall
certify to the State superintendent of education that the
school building for which State aid is appropriated is
completed and all equipment is in place or repairs made
and that all indebtedness on the school building, equip-
ment or repairs has been paid except such an amount as
will be satisfied by the funds remaining in the hands of
the county treasurer of public school funds, the State
superintendent of education shall inspect or delegate some
one to inspect the work done and equipment installed,
and if such meets all requirements of the provisions under
which State aid was granted, he shall authorize the
county treasurer of public school funds in writing to pay
out the remainder of the funds upon the order of the
county board of education.
7. The State superintendent of education shall open an
account with each county in the State in a book kept
by him for that purpose and shall charge against the
county the amount of each warrant issued under this act
for the benefit of the public schools of such county ; pro-
vided, that any warrant not cashed by the county treas-
urer of public school funds by reason of failure to comply
with the requirements of this act shall, after the lapse
of twelve months from the issuance of the same, be by
him returned to the State superintendent of education,
who shall mark the same "cancelled" and shall also make
in the book kept by him in accordance with the preceding
section a credit entry in favor of the county for which
the warrant was originally drawn for the amount of any
warrant so cancelled.
8. That the unexpended balance, as shown by the
book kept by the State superintendent of education which
have accrued to the several counties of the State from the
126 PUBWC SCHOOL LAWS OF ALABAMA
rural schoolhouse fund provided in sections 1975 and
1993, inclusive, of article 31 of the Code of Alabama of
1907, shall upon the first day of October, 1915, be reappor-
tioned equally to the several counties of the State, and
thereafter the unexpended balances, as shown by the
books kept by the State superintendent of education in
accordance with section 7 of this act, at the end of each
and every fiscal year shall be reapportioned equally
among all the counties of the State in addition to the
regular annual appropriation of $2,000; provided, that
the State superintendent of education shall on the first
day of October, or as early thereafter as practicable,
make the apportionment herein required and certify the
same to the State auditor, and provided further, that be-
fore making the reapportionment herein provided for,
the State superintendent of education may set aside from
the unexpended balances of the preceding year such an
amount as may be deemed to be necessary to procure ex-
pert assistance in the drawing of plans, in the prepara-
tion of estimates or bills of material, in the inspection of
buildings, and for such other expenses incident thereto
as are deemed necessary to make this act effective. The
State superintendent shall also certify the amount so set
aside to the State auditor and in paying out any part of
the amount so set aside, he shall make requisition upon
the State auditor who shall draw his warrant upon the
State treasurer for the amount for which requisition has
been made in keeping with this provision, provided that
the unexpended balance from the amount so set aside
shall be treated as other unexpended balances for the pur-
pose of reapportionment at the end of each fiscal year.
9. That any person or persons who shall knowingly
use or apply, or authorize the use or application of the
proceeds or any part thereof any funds authorized under
this act for any purpose or purposes other than as re-
quired by said act shall be guilty of a misdemeanor and
on conviction shall be fined not less than $200 nor more
than $1,000 and may also be sentenced to hard labor for
the county for not more than twelve months.
10. That this act shall become effective the first day
of October, 1915, and all laws or parts of laws in conflict
PUBLIC SCHOOL LAWS OF ALABAMA 127
with the provisions of the same be and are hereby re-
pealed.
Note. — Sections 2, 3 and 8 of above bill, approved September 22,
1915, amended by H. B. 268, approved February 17, 1919.
PROCEEDINGS FOR AND AGAINST COUNTY SUPERINTENDENTS
OF EDUCATION (CIVIL CODE).
5940. Against county superintendent for balance in
his hands. — Summary judgments must be rendered on
motion, after ten days' notice, in the circuit court, or
other court having jurisdiction of the amount, of the
county in which the defendants, or either of them, reside,
against any county superintendent of education who has
resigned, removed from the county, or been legally re-
moved from office, or whose term of office has expired,
and his sureties or any or either of them, in favor of his
successors, if there be one, or if there be no successor, in
favor of the superintendent of education, for the amount
of school moneys belonging to his county, which has not
been legally disbursed by him or paid over to his succes-
sor in office, with interest from the time of the default,
and twenty per cent damages and costs; and the money
when recovered by the superintendent of education, must
be turned over to the county superintendent of education.
5941. Authority to employ counsel. — The county su-
perintendent of education may employ attorneys to prose-
cute actions under the provisions of this article against
such defaulters and their sureties; but in no case shall
any attorney receive more than ten per cent of the amount
which may be collected on any judgment obtained by him,
or of the amount which may be otherwise recovered by
him.
5942. Notice. — The notice of such motion may be
served by any sheriff of this State, and must succinctly
state the cause for which, and the court and term at
which, the motion will be made.
5943. Transcript of superintendent of education evi-
dence. — On the trial of such motion, a transci:ipt from
128 PUBLIC SCHOOL LAWS OF ALABAMA
the books and records in the office of the superintendent
of education or the State auditor, duly certified under
his hand, shall be prima facie evidence of the facts shown
by them.
5944. Time and manner of trial. — If the notice has
been given as herein required, such motion shall stand
for trial at the first term, and the court must hear and
determine the same, and render judgment upon the evi-
dence without a jury, unless a trial by jury shall be de-
manded, when a jury must be immediately impaneled to
try the issues of fact, unless good cause be shown for a
continuance.
5945. In favor of teachers for moneys due them; court
and notice; appeal from justice's court. — Summary judg-
ment may also be rendered against the county superin-
tendent of education and his sureties, or any or either of
them, in favor of any teacher of the public schools, his
legal representative, or assignee, by motion, on ten days*
notice, in any court of the county of such superintendent,
of competent jurisdiction, for failing to pay over, on
demand, to such teacher any moneys in the hands of such
superintendent due or owing such teacher, as required
by law, for the amount of such moneys with interest
from the time of the demand, and ten per cent, damages
on the aggregate amount, and costs; but from all cases
tried before a justice of the peace ; or notary public ex-
officio justices of the peace, either party shall have the
right to appeal as provided by law in other cases decided
before such officer.
CITY AND TOWN SCHOOLS UNDER MUNICIPAL GOVERNMENT.
1348. Schools; regulation of. — Cities and towns shall
have power to establish, maintain, and regulate public
schools in which children from seven to twenty-one years
of age, bona fide residents of and living within the cor-
porate limits of such city or town, shall be entitled to
PUBLIC SCHOOL LAWS OF ALABAMA I2f
admission; and non-residents shall be admitted on such
terms as the board of education may prescribe, and sepa-
rate schools shall be provided for children of African
descent.
1349. *Education; board of. — In cities having a popu-
lation of six thousand or more, the management and
control of the public schools therein shall be vested in
a board of education, which shall be composed of five
members, who shall serve without compensation, and
shall be qualified electors and residents of the respective
cities, and who shall not be members of the city council.
At the first regular meeting of the council in April, or as
soon thereafter as may be practicable, at any regular
meeting, the council shall elect the members of the board
of education, whose terms of office respectively shall be
one, two, three, four, and five years. Annually thereafter
at the first regular meeting in April, or as soon thereafter
as may be practicable, at a regular meeting, the council
shall elect a member, whose term of office shall be five
years, to succeed the member of the board of education
whose term expires that year. In the event of a vacancy
in the membership of the board, by resignation or other-
wise, the fact shall be reported to the city council by the
board, and the council shall elect a person to fill such
vacancy for the unexpired term.
1350. Election of officers of board of education. — At
its first regular meeting in May, after the election of
said board, or as soon thereafter as practicable, and an-
nually thereafter, the board shall elect from its member-
ship, a president and vice-president. It shall also elect
a clerk, who need not be a member of the board, and may
fix his compensation. The vice-president shall perform
the duties of the president only when the president may
be absent from the city or unable to perform his duties.
The board may fill any vacancy occurring from any cause
in any of the offices mentioned in this section.
♦Note. — In those cities and towns where the commission form of
government has been adopted, the board of education is elected by
the members of the boards of commissioners. With this exception,
sections 1348-1358 will still apply.
fiSG
130 PUBLIC SCHOOL LAWS OF ALABAMA
1351. School property; how held. — All property, real
and personal and mixed, now held or hereafter acquired
for school purposes, shall be held in trust for the use of
the public schools of the citj^ or town, and no sale or pur-
chase of real estate shall be made by any other than the
city council of such city or town. The board of education
shall have full and exclusive power, within the limits of
the revenue appropriated for such purpose or accruing
to the use of the public schools, to purchase fixtures, fur-
niture, apparatus, libraries, fuel, and supplies for the use
of the schools and to sell the same, and to make expendi-
tures for the maintenance and repair of the school ground,
buildings, and other property, to establish and build
new schools, when sites have been provided by the city
council, and to superintend the erection thereof, to
make additions, alterations, and repairs to the buildings
and other property devoted to school uses, and to make
necessary and proper regulations, contracts, and agree-
ments in relation to such matters. All such contracts
shall inure to the benefit of the public schools, and any
suit at law or in equity, brought upon them, and for the
recovery and protection of money and property belonging
to and used by the public schools, or for damages, shall
be brought by and in the name of the city.
1352. Appropriation for schools. — Each year the
board of education shall make an estimate in detail of
the amount of money required for the proper support
and maintenance of the public schools during the next
ensuing scholastic year, which shall be submitted to the
city council, and the city council shall make annual ap-
propriations for the support and maintenance of the
schools that it may deem necessary and proper in view
of all other needs of the government of the city and of
the expected revenues from taxes and otherwise. Money
so appropriated and all money received from the school
fund of the State, poll taxes, the sale of school property,
the sale of bonds for school purposes, and from any other
source whatever for school purposes, shall be held by the
treasurer of the city as a special fund or funds for school
purposes, and it shall be paid out by him on warrant
PUBLIC SCHOOL LAWS OF ALABAMA 181
drawn by the clerk of the board and countersigned by the
president, or vice-president, when acting as president of
the board of education, and by the clerk of the city, and
not otherwise, and no warrant shall be drawn unless in
pursuance of a resolution of the board of education en-
tered upon its minutes.
1353. School; control of. — The board of education
shall have full control of the public schools of the city
or town. It shall have power to establish schools, to dis-
continue any school, to consolidate schools, to prescribe
courses of study and books to be used, not in conflict with
the general laws in reference to text-books, to divide the
city into school divisions as circumstances may require,
to employ teachers and a superintendent of schools and
necessary employees and to fix their salaries and wages,,
to establish and maintain high schools and prescribe rules
for the expulsion of pupils, to expel any pupil guilty of
gross disobedience, or willful misconduct, to dismiss any
superintendent, teacher, or employee, when in its opinion
the interests of the school require it, and generally to
have and exercise all rights, powers, and authority re-
quired for the management of a system of public schools.
It shall be the duty of the board of education to examine,
or cause to be examined, all persons, at times and places
fixed by it, offering as candidates for teacher's places,,
and when found qualified to give them certificates of quali-
fication gratuitously, to grant diplomas without charge to
graduates of the high schools, to visit all schools as often
as once a month, to establish and uniformly enforce
proper rules and regulations, to inquire into the perform-
ance of their duties by the teachers and superintendent,
and into the progress of the pupils, and to prepare and
submit to the city council an annual report showing the
operation of the schools for the past scholastic year, and
suggesting their needs for the future.
1354. Superintendent of schools. — It shall be the duty^
of the board of education to elect a superintendent of
schools, fix his term of office and salary, and prescribe his
powers and duties. The superintendent shall be required
132 PUBLIC SCHOOL LAWS OF ALABAMA
to give bond for the faithful performance of his duties,
which shall be payable to said city, in a sum to be fixed
by the board, not less than three thousand dollars, with
surety or sureties to be approved by the president of the
board, the bond to be filed with the clerk of the city or
town. The superintendent may be elected clerk of the
board of education, and if so elected his bond shall stand
as security for the faithful performance of his duties as
clerk, as well as superintendent, however conditioned.
It shall be the duty of the clerk of the board of education
to keep full and correct detail account of all money re-
ceived and expended. The superintendent shall attend
to the taking of the school census, which shall be taken in
the months of April of each odd year, and it shall be his
duty to make complete and accurate reports of the same
to the superintendent of education of the State.
1355.* Board of education of towns having over one
thousand and less than six thousand inhabitants. — Towns
having a population of more than one thousand and cities
having a population of less than six thousand shall have
a board of education to consist of five members, which
shall be elected by the council at its first meeting in April,
1909, or as soon thereafter as may be practicable, and
every two years thereafter. The members of said board
shall be qualified electors and shall serve without com-
pensation. As soon after the election as practicable, said
board shall organize by electing one of their number
president, and shall also elect one of their number secre-
tary of said board. And said board shall have all the
powers and be vested with all the authority in relation
to public school as boards of education in cities of six
thousand or more population.
In towns of one thousand population or less the man-
agement and control of the public schools therein shall
be vested in a board of education to consist of five mem-
bers, who shall have all the powers and be vested with all
♦Note. — In those cities and towns where the commission form of
government has been adopted, the board of education is elected by
the members of the board of commissioners. With this exception,
sections 1348-1358 will still apply.
PUBLIC SCHOOL LAWS OF ALABAMA 188
the authority in relation to such public schools as boards
of education in cities. Said board of education shall be
elected by the qualified electors of the town at the first
regular municipal election held under the provisions of
this chapter and biennially thereafter.
1356.* School districts. — Each incorporated city, or
town, as a special school district, or embraced therein,
shall receive its proportionate share of the public school
revenue to be paid over by the State superintendent of
education direct to the city superintendent of schools and
by him paid over to the treasurer.
1357. Municipalities exempt from school law. — The
provisions of this chapter relative to public school sys-
tems, except as to issue of bonds for the purchase of sites
and the erection of public schoolhouses, or either, shall
not apply to cities and towns in counties now having by
law a combined city and county school system, operated
under a single board of education, or where the members
of the board hold office for life; but any city may issue
bonds to procure money to purchase sites and erect public
schoolhouses or either, and in all cases whenever any city
or town in this State shall authorize an issue of bonds as
provided by this chapter for the purpose of purchasing or
constructing public schoolhouses and buildings, the pro-
ceeds arising from the sale of bonds authorized to be
issued by this chapter, shall be turned over to the board
of education, or other board acting as such by whatever
name called, having control of the public schools in said
city or town, to be applied to the payment of the costs
of the improvement in said city or town including pur-
chase price of suitable site therefor, as designated in the
ordinance providing for the issue of the said bonds ; and
shall be administered under the direction of the said board
of education or other board acting as such, and such
board shall have full power of administration in and about
the management and control of the said school or schools
thus constructed, as part of the system under their admin-
♦Declared inoperative by a ruling of the Attorney General.
134 PUBLIC SCHOOL LAWS OF ALABAMA
istration and control. Where, by any provision of laws,
any certain or definite percentage or taxes, either or both,
is required to be used for the maintenance of the public
schools, then such provision shall be unaffected by this
chapter and shall be and remain in full force and effect.
1358. LihraHes. — Cities and towns shall have the
right to establish and maintain or aid in establishing and
maintaining public libraries, either separately or in con-
nection with the public schools.
CHILD LABOR LAW.
No. 169.) AN ACT (H. 208.
To regulate the employment of minor children within
the State of Alabama; to prohibit the employment of
minors under certain conditions; to provide for the in-
spection and regulation of establishments, occupations,
places and premises where minors are employed; to en-
trust the enforcement of the provisions of this act to the
State prison inspector; to punish violations of this act;
and to repeal acts in conflict with the provisions hereof.
Be it enacted by the Legislature of Alabama:
Section 1. That on and after September first, 1915,
no child under thirteen years of age, and on and after
September first, 1916, no child under fourteen years of
age shall be employed, permitted or suffered to work
or be employed in any gainful occupation, except agri-
culture or domestic service: Provided, however, that
boys twelve years of age and over may be employed in
business offices and mercantile establishments in cities
or towns under twenty-five thousand population, accord-
ing to the latest federal census, during such time as
the public schools in the city or town in which the child
resides are not in session.
Sec. 2. No child under sixteen years of age shall be
employed, permitted, or suffered to work in any gainful
occupation except agriculture, or domestic service for
more than six days in any one week, or more than sixty
PUBLIC SCHOOL LAWS OF ALABAMA IBS
hours in any one week, or more than eleven hours in any-
one day, or before the hour of six- o'clock in the morning,
or after the hour of six o'clock in the evening. The pres-
ence of any child under sixteen years of age in any mill,
factory or workshop, laundry or mechanical establish-
ment shall be prima facie evidence of its employment*
therein.
Sec. 3. It shall be the duty of every employer to post
and keep posted in a conspicuous place in every room
where any boy under the age of sixteen years or any girl
under the age of eighteen years is employed, permitted
or suffered to work, a printed notice stating the maximum
number of hours such person may be required or be per-
mitted to work on each day of the week, the hours of com-
mencing and stopping work, and the hours allowed for
dinner or for other meals. The printed form of such
notice shall be furnished by the inspector hereinafter
named, and the employment of any minor for a longer
time in any day than so stated, or at any time other than
as stated in said printed form of notice shall be deemed
a violation of the provisions of this act.
Sec. 4. No person under the age of eighteen years shall
in any city of twenty-five thousand population, or more,
according to the latest federal census, be employed, per-
mitted or suffered to work as a messenger for any person,
firm or corporation engaged in the business of telegraph,
telephone or messenger service, in the distribution, trans-
mission or delivery of goods or messages after the hour
of nine o'clock in the evening or before the hour of five
o'clock in the morning of any day, and in any city or
town under twenty-five thousand population no person
under the age of eighteen years shall be employed, per-
mitted or suffered to work as a messenger for any per-
son, firm or corporation engaged in such service, in the
distribution, transmission or delivery of goods or mes-
sages after ten o'clock in the evening, or before five o'clock
in the morning of any day ; and no person under twenty-
one years of age shall be employed in any establishment
where intoxicating liquors are manufactured or sold.
Sec. 5. No child under the age of sixteen years shall
be employed, permitted or suffered to work at any of the
186 PUBLIC SCHOOL LAWS OF ALABAMA
following occupations or in any of the following posi-
tions: (1) operating or assisting in operating any of
the following machines: (a) circular or band saws;
(b) wood shapers; (c) wood jointers; (d) planers; (e)
sand paper or wood polishing machinery; (f) wood turn-
ing or boring machinery; (g) machines used in picking
wool, cotton, hair, or any other material ; (h) job or cylin-
der printing presses; (i) boring or drilling presses; (j)
stamping machine used in sheet metal or tinware, or in
paper or leather manufacturing, or in washer or nut
factories; (k) metal or paper cutting machines ; (1) cor-
ner staying machines; (m) steam boilers; (n) dough
brakes or cracker machinery of any description; (o)
wire or iron straightening or drawing machinery; (p)
rolling mill machinery; (q) power punches or shears;
(r) washing, grinding or mixing machinery ; (s) launder-
ing machinery; (2) or in proximity to any hazardous
or unguarded gearing; (3) or upon any railroad, whether
steam, electric or hydraulic; (4) or upon any vessel or
boat engaged in navigation or commerce within the juris-
diction of this State.
Sec. 6. No child under the age of sixteen years shall
be employed, permitted or suffered to work in any capac-
ity — (1) in, about or in connection with any processes in
which dangerous or poisonous acids are used: (2) nor
in the manufacture or packing of paints, colors, white
or red lead; (3) nor in soldering; (4) nor in occupations
causing dust in injurious quantities; (5) nor in the manu-
facture or use of dangerous or poisonous dyes; (6) nor
in the manufacture or preparation of compositions with
dangerous or poisonous gases; (7) nor in the manufac-
ture or use of compositions of lye in which the quantity
thereof is injurious to health; (8) nor on scaffolding;
(9) nor in heavy work in the building trades; (10) nor
in any tunnel or excavation ; (11) nor in, about or in con-
nection with any mine, coal breaker, coke-oven or quarry ;
(12) nor in assorting, manufacturing or packing tobac-
co; (13) nor shall any child under the age of sixteen years
be employed upon the stage of any theatre or concert hall,
or in any connection with any theatrical performance or
other exhibition or show.
PUBLIC SCHOOL LAWS OF ALABAMA 187
Sec. 7. It shall be unlawful for any firm, person, or cor-
poration to employ, permit or suffer any child under six-
teen years of age to work in any gainful occupation,
except agriculture or domestic service, unless such person,
firm or corporation keeps on file for the inspection of the
officials charged with the enforcement of this act, an
employment certificate, as hereinafter prescribed, for
every such child and unless such person, firm or corpora-
tion, keeps on file for the inspection of the officials charged
with the enforcement of this act, a complete list of all
such children employed therein, provided, however, that
in the cities or towns under twenty-five thousand popula-
tion boys between the ages of twelve and fourteen years .
shall not be required to have such certificate for employ-
ment in business offices and mercantile establishments
during such time as the public schools are not in session.
The inspector charged with the enforcement of this act
may make written demands on any employer in whose es-
tablishment a child apparently under sixteen years of age
is employed or permitted or suffered to work, and whose
employment certificate is not filed as required by this act,
that such employer shall furnish him within ten days
evidence satisfactory to him that such child is in fact
sixteen years of age or over, or shall cease to employ or
permit or suffer such child to work therein. Such official
may require from such employer the same evidence of age
of such child as is required for the issuance of any em-
ployment certificate, and the employer furnishing such
evidence shall not be required to furnish any further evi-
dence of the age of the child. In case such employer
shall fail to produce and deliver to such official within ten
days after such demand, such evidence of the age therein
required of him, and thereafter continue to employ such
child or permit or suffer such child to work in such estab-
lishment, proof of the giving of such notice and of such
failure to produce and file such evidence shall be prima
facie evidence in any prosecution that such child is under
sixteen years of age, and is unlawfully employed.
Sec. 8. No child under sixteen years of age shall be
employed or be permitted to work or be detained in or
about any mill, factory or manufacturing establishment
188 PUBLIC SCHOOL LAWS OF ALABAMA
in this state, unless such child shall attend school for eight
weeks in every year of employment, six weeks of which
shall be consecutive.
Sec. 9. It shall be the duty of the superintendent or
principal of schools in cities or towns to issue the employ-
ment certificates mentioned in the foregoing section, or to
authorize a person in writing to issue such certificates,
acting in his name. Where there is no superintendent or
principal of schools, said certificates shall be issued by
the county superintendent of education or by person au-
thorized by him in writing.
Sec. 10. The person authorized to issue employment
certificates shall not issue such certificates unless the
child in question, accompanied by its parents or guardian,
or person standing in parental relation thereto, has per-
sonally made application to him therefor, and until he
has received, examined, approved and filed the following
papers duly executed: (1) A school record signed by
the principal or teacher of the school last attended by
said child, stating that such child has attended school for
at least sixty days of the year immediately preceding the
date on which the certificate is issued, and stating also
the age and date of birth of said child, as shown on the
records of the school, and the name and address of the
parent, guardian or custodian; provided, that such evi-
dence of school attendance outside of the State of Ala-
bama, may be accepted at the discretion of the officer
issuing these certificates; (2) one of the following evi-
dences of age, showing the child to be fourteen years of
age or over or if before September 1st, 1916, thirteen
years of age or over, to be required in the order herein
designated : (a) A duly attested transcript of the birth
record of said child, filed according to law, with any
officer charged with the duty of recording births, (b) or,
a passport or duly attested transcript of a certificate of
baptism showing the date of birth and place of baptism
of such child, (c) or, in case the officer authorized to
issue such certificate is satisfied that none of the above
proofs of age can be produced, other evidence of the age,
such as the affidavit of the parent, guardian or custodian
of such child, as shall convince such officer that the child
PUBLIC SCHOOL LAWS OF ALABAMA 139
is fourteen years of age, or over, or if before September
1st, 1916, thirteen years of age or over. The superin-
tendent of schools in any city, town or district, wherever
there is one, and where there is none, the county superin-
tendent of education, shall between the first and tenth
days of each month, transmit to the office of the State
mspector hereinafter mentioned, a report, which report
shall give the name of each child to whom a certificate has
been granted, or denied during the preceding month, to-
gether with the ground of such denial. A refusal or
failure to transmit such report by any person charged
under this section with the duty of transmitting the same
to such State official, shall constitute a misdemeanor,
punishable by a fine of not more than twenty-five dollars
nor less than five.
Sec. 11. Such certificate shall state the full name, place
and date of birth of such child with the name and address
of the parent, guardian, or persons sustaining the par-
ental relationship to such child, and shall contain a state-
ment signed by the issuing officer that the child has per-
sonally appeared before him and that satisfactory evi-
dence has been submitted that said child, is fourteen years
of age or over or if before September 1st, 1916, thirteen
years of age or over. The printed form of the certificate,
and other papers required in the issuing of employment
certificates, shall be drafted by the State inspector, here-
inafter mentioned, and furnished by him to the local and
county superintendents of education.
Sec. 12. On the termination of the employment of a
child under the age of sixteen years, the employment
certificate shall be returned by the employer holding the
same, to the child to whom it is issued, or if the certifi-
cate of such child is not claimed by such child within ten
days after the termination of its employment, it shall be
returned by the employer to the school authority by whom
it was issued.
Sec. 13. No boy under twelve years of age, and no girl
under eighteen years of age, in any city of twenty-five
thousand population, or more, according to the latest
federal census, shall distribute, sell, expose, or offer for
sale, newspapers, magazines, periodicals, hand-bills or
140 PUBLIC SCHOOL LAWS OF ALABAMA
circulars, or be employed or permitted, or suffered to
work in any other trade, or occupation performed in any
street or public place; provided, however, that boys ten
years of age or over may engage in the distribution of
newspapers and periodicals on fixed routes in the resi-
dent districts of such cities. No boy under sixteen years
of age shall engage in any such street occupation in any
city of twenty-five thousand or more population, accord-
ing to the last federal census, after eight o'clock at night,
or before five o'clock in the morning of any day ; or unless
he has secured and wears in plain sight a badge as herein
provided ; or unless he is a regular school attendant. Such
badge shall be provided and issued by the superintendent
of schools or some person designated by him in writing,
and shall be granted only after the child has applied to
him personally, accompanied in person by his parent,
guardian or custodian, and has submitted satisfactory
proof that he is twelve years of age or over; or if en-
gaged only in distributing papers or periodicals on fixed
routes in the resident districts, ten years of age or over
and that he is a regular attendant. Such badge shall be
renewed annually on the first day of January and shall
not be transferable, and the form, design or color shall
be changed annually. A deposit of not more than fifty
cents may be required by the person issuing same, to be
returned upon the surrender of the badge, and if lost,
the badge may be replaced upon the payment of twenty-
five cents. Any child who shall engage in any such street
occupation, in violation of the provision of this section,
shall be deemed delinquent and brought before any court
or magistrate having jurisdiction over juvenile delin-
quents, and shall be dealt with according to law. Use of
a badge may be revoked or suspended by said court or its
authorized representatives upon such violation, or in case
the child's school record is not satisfactory to the prin-
cipal of the school which he attends. Any person who
sells, or offers for sale any article of any description to a
boy under sixteen years of age to be used for the purpose
of sale or barter upon the streets, or in any public place,
shall first ascertain that such boy wears his own badge
in plain sight, as herein provided, and if said boy has no
PUBLIC SCHOOL LAWS OF ALABAMA 141
badge no article shall be sold to him. Any person violat-
ing this provision shall be fined not less than one, and not
more than fifty dollars. The police officers and other
peace officers shall enforce the provisions of this section.
Sec. 14. It shall be the duty of the State prison inspec-
tor and his authorized assistants to inspect as frequently
as possible, all establishments, wherein minors subject
to the provisions of this act are, or may be, employed or
permitted to work and to enforce the provisions of this
act. For the purpose of administering this act, and any
other laws relating to the employment of minors, the
State prison inspector may be designated the State fac-
tory inspector; and his deputy inspectors may, in the
performance of their duties, in enforcing the provisions
of this act, be known as deputy factory inspectors. It
shall be the duty of the inspectors to institute prosecution
for the violation of any of the provisions of this act. The
solicitor of each county is charged with the duty of prose-
cuting all violations of this act.
Sec. 15. Every person, firm or corporation, owning or
controlling any establishment wherein minors are em-
ployed, subject to the provisions of this act, shall keep
such establishment in sanitary condition, and properly
ventilated, and shall provide suitable and convenient wa-
ter closets, or privies, separate for each sex, and in such
number and located in such place or places, as may be
required by the inspector ; and when twenty or more per-
sons are employed, sanitary drinking fountains shall be
provided in such number as the inspector may deem
necessary. All water closets shall be maintained inside
such establishments except where, in the opinion of the
inspector, it is impracticable. In all such establishments,,
there shall be separate compartments for females, to be
used by them exclusively, and notice to that effect shall
be painted on the outside of such compartment. The
entrance to every water closet or privy, in such establish-
ment, shall be effectively screened by a partition or vesti-
bule. In every such establishment a printed copy of this
act shall be kept conspicuously posted in every room in
which minor persons work. It shall be the duty of the
inspector to inspect thoroughly every such establishment.
142 PUBLIC SCHOOL LAWS OF ALABAMA
to issue at written order for the correction of unsanitary
or unhealthful conditions in such establishment, and to
compel compliance with such order as herein provided.
Sec. 16. The inspector shall have free access at any-
time to any establishment where minors are, or may be
employer or detained, and any person who refuses to
allow the inspector to have free access to any such estab-
lishment and every part thereof; or who hinders or ob-
structs him in his inspection, or who makes any false
statement to the inspector about the establishment, its
operation or condition, or about any person working or
detained therein, or who refuses to comply with any order
issued under authority of section 15 of this act, shall be
guilty of a misdemeanor, and shall be fined not less than
fifty nor more than one hundred dollars, and on subse-
quent conviction shall be fined not less than two hundred
dollars. It shall be the duty of the inspector to remove
from any establishment any child found employed, work-
ing or detained therein contrary to law, and to remove
therefrom any child who is afflicted with any infectious,
contagious, or communicable disease.
Sec. 17. Any person, firm or corporation who violates
any of the provisions of this act, or who permits any
child to be employed or to work in or about, or be detained
in, or to be in or about any establishment, contrary to
law, or who fails or refuses to obey within a reasonable
time, any lawful orders or directions given by the State
official charged with the enforcement of this act, unless a
specified penalty is herein otherwise provided, shall be
deemed guilty of a misdemeanor, and on conviction shall
be punished by a fine of not less than ten dollars nor more
than one hundred dollars, and upon second or subsequent
conviction of any violation of any of the provisions of this
act, shall be punished by a fine of not less than one hun-
dred dollars, nor more than five hundred dollars.
Sec. 18. Any person who makes a false affidavit when
an affidavit is required under this act is guilty of a mis-
demeanor and shall, upon conviction, be punished by a
fine of not less than five dollars nor more than twenty
dollars, and for a second or subsequent conviction shall
be imprisoned not more than ninety days.
PUBLIC SCHOOL LAWS OF ALABAMA US
Sec. 19. The State prison inspector and his deputies,
when traveling in the performance of their duties herein
prescribed, shall be reimbursed their actual traveling
expenses, when approved by the State prison inspector
and by the governor to be paid on the warrant of the
State auditor.
Sec. 20. The word "inspector" is used herein to desig-
nate or mean, the State prison inspector or his duly au-
thorized deputies, such deputies being hereby clothed
with the same duties and authority with which the State
prison inspector is now or may hereafter be clothed. In
the enforcement of the provisions of this act, the State
prison inspector and his authorized deputies are hereby
vested with the same authority as deputy sheriffs in each
and every county in the State.
Sec. 21. All laws and parts of laws in conflict with
this act are hereby repealed.
Sec. 22. If any section of this act shall be held uncon-
stitutional, in whole or in part, the fact shall not effect
any other section of this act, it being the intention of the
Legislature in enacting this act to enact each section
separately.
Approved February 24, 1915.
No. 65.) AN ACT (H. 55.
To provide for the filling of any vacant office, of the
State, or any county, or any municipality, when there
is no provision of law for filling such vacancy.
Be it enacted by the Legislature of Alabama:
1. That when any office of the State, of any county, or
municipality thereof, is vacant from death, resignation,
removal from municipality, county, or State, or because
the former incumbent absconds, or because an incumbent
has been removed for ineligibility or when the office is
vacant from any other cause, and there is no way pro-
vided by law for the filling of such vacant office, the
governor is hereby empowered and required to appoint a
qualified person to fill the unexpired term of such office.
Approved August 25, 1909.
144 PUBLIC SCHOOL LAWS OF ALABAMA
No. 15.) AN ACT (H. 141.
To require the board of revenue and road commission-
ers of Mobile county annually to levy a special tax of
one-fifth of one per centum upon each one hundred dol-
lars of all property assessed for taxation in said county,
in addition to the special taxes now levied therein, for
the support of the public schools of said county.
Section 1. Be it enacted hy the Legislature of Alabama,
That the board of revenue and road commissioners of
Mobile county be required annually to levy a special tax
of one-fifth of one per centum upon each one hundred
dollars of all property assessed for taxation in said coun-
ty, in addition to the special taxes now levied therein, for
the support of the public schools of said county.
Sec. 2. Said taxes shall be paid over to the board of
school commissioners of Mobile county by the tax collector
of Mobile county as rapidly as the same is by him col-
lected.
Sec. 3. Said board of revenue and road commissioners
shall within fifteen days after the day of approval of this
act, at a special meeting thereof to be called for that pur-
pose, or at any lawful meeting held within that period,
levy said tax for the tax year of 1909 upon the property
now assessed or to be assessed for that year in said
county.
Approved August 9th, 1909.
No. 40.) AN ACT (H. 60.
To educate the children of Alabama on the evil of
intemperance.
Be it enacted hy the Legislature of Alabama:
1. That it shall be the duty of the State superintendent
of education of the State of Alabama to have prepared and
furnished to the teachers in the public schools placards
printed in large type upon which shall be set forth in
attractive style statistics, epigrams and mottoes showing
the evils of intemperance especially from the use of intoxi-
cating liquors.
PUBLIC SCHOOL LAWS OF ALABAMA 145
2. That it shall be the duty of the said State superin-
tendent of Education to make changes in the matter
printed on the said placards from time to time as he
may deem proper and that he shall at all times keep the
public schools of Alabama provided with a sufficient
number of said placards to post one of them in every
school room of Alabama.
3. That the expenses of printing and expressing the
said placards shall be paid out of the State treasury on
an account made out by the said State superintendent of
Education and approved by the governor and the auditor
shall draw his warrant for the same.
4. That it shall be the duty of every public school
teacher in the State to keep one of the said placards
posted in a conspicuous place in the school room occupied
by such teacher.
5. That it shall be the duty of the county superin-
tendent of education and the district trustees to assist
in the carrying out of the provisions of this act.
6. That there shall be one day in each scholastic term
of the public schools set apart to be known as Temper-
ance Day when a suitable program shall be prepared to
the end that the children of Alabama may be taught the
evils of intemperance.
Approved August 19th, 1909.
No. 246.) AN ACT (H. 301.
To regulate and provide for the location of public
schools in school districts in which are located a manufac-
turing plant or manufacturing plants, employing fifty or
more children within the school age, who are subject to
the child labor law.
Be it enacted by the Legislature of Alabama:
Section 1. That it shall be the duty of any county board
of education or the board of education of any town or
city in which there is located one or more manufacturing
plants employing fifty or more children within the school
-age, who are required by the child labor law to attend
146 PUBLIC SCHOOL LAWS OF ALABAMA
school for any certain length of time during the year, to
locate, or cause to be located, a public school for the ac-
commodation of the children within the school age em-
ployed by such manufacturing plant, or plants, and tO'
apportion to the said schools so located such proportion
of the school funds of said district as may be necessary
to run the school or schools as nearly as practicable the
same length of time as the other school or schools of the
district are run; provided further, in incorporated cities
or towns in which two or more schools are maintained
that one or more of said schools may be designated by
the proper school authorities as the school for the accom-
modation of the children within school age employed in
such plant or plants.
Sec. 2. All laws and parts of laws in conflict with the
provisions of this act be and the same are hereby re-
pealed.
Approved April 6, 1911.
No. 345.) AN ACT (S. 222.
To provide for the establishment of libraries in the
rural town and village schools of Alabama, to make an
appropriation therefor, to provide for their maintenance
and for their improvement, to authorize the commis-
sioners' court or the board of revenue of the several coun-
ties to make an appropriation for the establishment and
support of said libraries, and to provide rules and regula-
tions under which said libraries shall be established and
maintained.
Be it enacted by the Legislature of Alabama:
Section 1. That the sum of one hundred dollars
($100.00) for each county, in all sixty-seven hundred dol-
lars ($6,700.00) be and the same is hereby appropriated
annually out of any moneys not otherwise appropriated
for the purpose of establishing and maintaining libraries
in the public schools of Alabama; provided, that the
provisions of this act shall not apply to any school located
in a town or city of more than one thousand inhabitants.
PUBLIC SCHOOL LAWS OF ALABAMA 147
Sec. 2. That any commissioners' court, or board of
revenue, or other similar court in any county of this
State be and the same is hereby authorized to appro-
priate not less than ten ($10.00) dollars, to each district
public school in the county in any one year for the pur-
pose of establishing, maintaining, enlarging, or improv-
ing public libraries in rural, village, or town schools;
provided, that no appropriation shall be made to any
school located in a town of more thaij one thousand inhab-
itants.
Sec. 3. That in order to obtain the benefits of the pro-
visions of this act, the patrons or friends of any district
school shall first raise a sum of not less than ten ($10.00)
dollars, and deposit the said amount with the county
superintendent of education. He shall within ten days,
certify to the commissioners' court or other similar court
or board of the said county, the fact of the said deposit,
and request action thereon. Thereupon the said court
or board shall at once, or at the first term following the
receipt of the notice, consider the application, and shall
either dismiss the same or make an appropriation of not
less than ten ($10.00) dollars. If the appropriation shall
be made, the probate judge or other presiding officer of
the court or board shall on the same date certify the fact
to the county superintendent of education, who shall im-
mediately thereafter, transmit the same to the State su-
perintendent of education. On receipt of notice the State
superintendent shall make a requisition upon the State
auditor for the sum of ten ($10.00) dollars, in order to
meet such donation and appropriation. The said war-
rant shall be drawn in favor of the county treasurer of
school funds, to whom shall also be at once paid over by
the county superintendent of education the amount first
collected by voluntary subscription, and the sum appro-
priated by the county. An account of said sums so re-
ceived shall be kept separate ; and they shall be paid out
by him as hereinafter directed.
Sec. 4. That the State superintendent of education,
with the assistance of the director of the department of
archives and history, shall compile and publish a carefully
selected and annotated list of books from which the
148 PUBLIC SCHOOL LAWS OF ALABAMA
libraries herein provided shall be chosen, and they shall
also adopt and publish rules and regulations for the
choice of books, their uses, preservation and circulation,,
the erection of book shelves or book cases, and the equip-
ment of library rooms or buildings, and the training of
librarians or custodians for the libraries. The selection
shall be as nearly as possible representative of the whole
field of literature, and maximum prices for purchase shall
be indicated.
Sec. 5. That the local board of trustees of the district
in which the school is located, and to which a library is.
granted, shall constitute a library board charged with the
administration of the library as other school property,
and they are hereby charged with the same care and
attention in connection therewith as of the school grounds,
the school building or buildings, and the school equipment.
They shall select the librarian or custodian, who shall be
the teacher, if he or she will consent to act, and they shall
see that the rules prescribed herein are carried out, but
if the librarian is other than the teacher, such person
shall be under the direction of the teacher as the repre-
sentative of the district board of trustees. They shall
provide a suitable book-case, or book-cases, with lock and
key, for the preservation of the library.
Sec. 6. That the selection and purchase of the books
from the authorized list shall be made by the district
board of trustees, upon the recommendation of the teacher
or of any patron or friend of the school. After the order
therefor shall be placed, on receipt of notice of the deliv-
ery of the books, the county treasurer of school funds
shall draw a warrant or check to cover the charges, in-
cluding the freight. Vouchers or bills in duplicate shall
be made out, one copy for the county treasurer of school
funds, and one copy to be sent by the bookseller or dealer
to the State superintendent of education.
Sec. 7. That all unexpended balances on the first day
of October each year shall be reapportioned equally among
all the counties of the State.
Sec. 8. That no person charged with any duties here-
under shall receive any compensation or commission for
his or her services.
PUBLIC SCHOOL LAWS OF ALABAMA 149
Sec. 9. That all laws and parts of laws in conflict with
the provisions of this act be and the same are hereby
repealed. Provided this act shall take effect when in the
opinion of the governor the condition of the State treas-
ury will justify the appropriation herein provided for.
Approved April 13th, 1911.
No. 673.) AN ACT (H. 1554.
To provide for the holding of teachers' institutes in this
State, to authorize the employment of institute conduc-
tors, and to make necessary appropriations for the same.
Be it enacted by the Legislature of Alabama:
1. That the sum of $6,500 be appropriated annually
out of the general educational fund for the purpose of
defraying the expenses of holding and conducting insti-
tutes for the teachers of this State.
2. That a teachers' institute shall be held each year in
the several counties of the State or such groups of coun-
ties as the State superintendent of education may desig-
nate. The time for holding the institutes shall be fixed
by the State superintendent of education after consulta-
tions with the county boards of education concerned.
3. That for the purpose of conducting these institutes,
the State superintendent of education is authorized to
employ persons of recognized ability to conduct the same
under his direction, and to pay the persons so employed
such salaries and expenses as may be required and as the
funds will permit.
4. That it is hereby made the duty of teachers to at-
tend an institute for four full days in each scholastic year,
and no teacher shall be employed in any elementary or
high school supported in whole or in part from public
funds, unless such teacher shall file with the board of
education of the county or the incorporated city or town,
as the case may be, a certificate showing that such teacher
has attended a county institute for four full days within
twelve months next preceding the date such teacher is to
begin work under his contract, or that such teacher has
160 PUBLIC SCHOOL LAWS OF ALABAMA
attended an institution of higher learning and pursued a
course of professional study for at least three weeks dur-
ing the scholastic year in which the institute is held;
provided that the State superintendent of education shall
have power to excuse teachers from institute attendance
for extraordinary reasons, and to this end he shall make
rules and regulations governing the same; provided
further, that the signed statement of the State superin-
tendent of education that any teacher is excused by him
shall be accepted in lieu of the certificate of institute
attendance required in this section.
5. That the county board of education and the boards
of education of all incorporated cities and towns shall
cause all the schools under their control for any race for
which a teachers' institute is being held in a county or in
a group of counties, to be suspended during the time of
the holding of such institute, and the contract of any
teacher who fails to attend an institute so held shall there-
by be voided with the county superintendent of education
a written statement that he has excused for good and
sufficient reasons, the teacher failing to attend said insti-
tute. The conductor of any institute shall issue a certifi-
cate of attendance to each teacher attending the sessions
of the institute, and shall make in duplicate a list of all
teachers present at the institute for the required time and
of those excused by him, and he shall file a copy of said
list with the county superintendent of education and
shall send the original to the State superintendent of
education.
6. That each teacher attending an institute shall pay
to the county superintendent of education a fee of not
less than fifty cents and not more than a dollar, which
shall be used to supplement the State fund appropriated
by this act for the maintenance of teachers' institutes.
7. That the funds appropriated under this act shall be
used for the payment of the salaries and expenses of the
institute conductors and for such other expenses as may
be necessary to make this act of the greatest benefit to
the teachers of the State; and the State auditor shall,
upon the approval of the State superintendent of educa-
tion, issue warrants on the State treasury for said salaries
PUBLIC SCHOOL LAWS OF ALABAMA 151
and expenses ; provided that the institute conductor shall
be paid as other State officers are paid ; provided further
that all unexpended balances remaining to the credit of
the institute fund, for the year ending September 30,
1915, shall be conveyed into the State treasury, to be
drawn out upon the requisition of the State superintend-
ent of education in the same manner that the appropria-
tion under this act is drawn, and all unexpended balances
after the above date at the end of any fiscal year shall
remain to the credit of said institute fund, to be expended
in any following year.
8. That all laws and parts of laws in conflict with this
act be and the same are hereby repealed.
Approved September 23, 1915.
No. 277.) AN ACT (S. 400.
To provide for the disposition of the property of edu-
cational corporations whose stockholders are unknown or
where the amount or number of shares are unknown.
Be it enacted by the Legislature of Alabama:
1. That where the charter of any educational corpora-
tion organized under the laws of this State, general or
special, provides for the issuance of stock and such stock-
holders are unknown or where the amount or number of
shares are unknown the property of such corporation
may be disposed of as follows :
2. The acting trustees or directors having peaceable
charge of the business and property of said corporation
whether legally elected or not may contract to sell or
otherwise dispose of the property of such corporation
in such manner as they may deem best to carry out the
purposes of said corporation which action must be con-
curred in by a majority of such acting trustees or direc-
tors.
3. That within thirty days after making such contract
or agreement such trustees or directors shall cause to be
filed in the name of such corporation in the chancery court
of the district in which such property or the principal
162 PUBLIC SCHOOL LAWS OF ALABAMA
part thereof is situated a petition in writing verified by-
affidavit setting forth the purposes of such corporation
and that the stockholders are unknown or that the amount
or number of shares are unknown and. setting out the sale
or disposition contemplated and that in the judgment of
such trustees or a majority of them such disposition is
best to carry out the purposes of such corporation. If any
of such stockholders are known such petition shall also
set out their names and residence if known.
4. On the filing of such petition the register shall cause
publication to be made as to such unknown or non-resi-
dent stockholders as provided by law for publication as
to non-residents on the filing of bills in chancery and he
shall issue a summons to all resident stockholders named
in the petition which shall be served as other summons
and the same proceedings had as to all the known stock-
holders named in the petition as provided for bills in
chancery.
5. Within the time allowed for pleading to bills in
chancery any known or unknown stockholders may come
in and propound his claim and contest such disposition if
he deem proper and such petition shall be heard as other
bills in chancery and such disposition confirmed or set
aside or such disposition made of said property as the
equities of the case may require.
6. If such petition is not contested within the time
allowed for pleading to bills in chancery the same may
be submitted to the chancellor in term time or vacation
on affidavits and the character of said corporation or a
certified copy thereof and he may render a decree thereon
in term time or vacation ratifying such sale or disposition
or modifying the same and prescribing such terms and
restrictions as he may deem best for carrying out the pur-
poses of such corporation and authorizing a conveyance
of such property by such trustees or the president and sec-
retary of said board which shall convey to the grantee all
the title of said corporation or of any stockholders thereof
in said property subject to the restrictions contained in
such decree or he may refuse to ratify such disposition.
7. If any money is paid under such decree the same
shall be paid to the register to be distributed under the
PUBLIC SCHOOL LAWS OF ALABAMA 163
orders of the court to the parties entitled thereto on
proper proof.
8. Any party contesting such petition may at any time
within sixty days after the rendition of such decree pros-
ecute an appeal to the Supreme Court as on final decrees
on bills in chancery and such appeal may also be taken
by such acting trustees or directors in the name of such
corporation.
9. That all laws and parts of laws in conflict with the
provisions of this act be and the same are hereby re-
pealed.
Approved April 8, 1911.
No. 199.) AN ACT (H. 674.
To establish a State school for teaching agriculture
and domestic economy at Lineville, Alabama, to provide
for the management and control thereof, and to make
appropriation to support said school.
Be it enacted by the Legislature of Alabama, as fol-
lows:
Section 1. That there is hereby established at Line-
ville, Clay county, Alabama, a school for teaching agri-
culture and domestic economy to be known as the "North
East Alabama Agricultural and Industrial Institute.
Sec. 2. The said school shall be under the supervision
and direction of a board of control to be composed of the
following members : The State superintendent of educa-
tion, the commissioner of agriculture and industries, the
governor and two men who shall be residents of the con-
gressional district wherein said school is located. Said
two members shall be appointed by the governor, and
shall hold office for four years and until their successors
are appointed and qualified. The members of said board
of control shall not receive any compensation other than
traveling expenses actually incurred in attending meet-
ings of said board. Said board shall elect a treasurer for
such school, prescribe his compensation, fix his bond, and
provide for the approval thereof.
IM PUBLIC SCHOOL LAWS OF ALABAMA
Sec. 3. The said board of control shall elect all neces-
sary officers, teachers and other employees, fix their com-
pensation, time of office and prescribe their duties; they
shall make all necessary rules and regulations for the
government and control of said school. The said board
of control shall prescribe the course of study for said
school but instruction shall be given in the elements of
agriculture, including instruction concerning the soil,
plant life and animal life of the farm. The course of
study shall also include the teaching of manual training,
domestic economy and a system of keeping farm accounts
and such other kindred subjects as may be prescribed.
Sec. 4. The said board of control may provide for the
collection of a matriculation fee from each pupil entering
said school, which shall not exceed the amount fixed as a
matriculation fee for county high schools. Said board
shall make all necessary provisions for drawing the funds
appropriated for the support of said school and for dis-
bursing the same.
Sec. 5. For the support of said school there is hereby
made an annual and continuing appropriation of three
thousand dollars, out of any money in the treasury not
otherwise appropriated, and shall be payable quarterly
beginning on the first day of October, 1911, and shall be
used for no other purpose except the payment of the sal-
aries of teachers in said school. Said appropriation shall
be drawn on the certificate of the superintendent of edu-
cation to the State auditor to draw his warrant in favor
of the treasurer of said school, approved by the governor.
Sec. 6. The said school shall be open to students of
the white race, over the age of seven years residing in
Alabama, provided that when students of advanced age
attend such school in sufficient number special classes
shall be organized for them, and continued for such
time as may be necessary.
Sec. 7. This act shall not go into effect until a suitable
brick building situated on a tract of land of not less than
ten acres in area has been provided for said school and
the same has been conveyed by deed without cost or
expense to the State of Alabama. Said building and
land shall be of not less than twenty thousand dollars in
PUBLIC SCHOOL LAWS OF ALABAMA 155
value, which valuation shall be determined by the super-
intendent of education and his certificate as to such valua-
tion shall accompany the deed to the State.
Approved March 31, 1911.
No. 336.) AN ACT (H. 238.
To create and establish a reform school for the train-
ing of juvenile negro law-breakers at Mount Meigs, Ala-
bama ; to make appropriations for the purpose and accept
by donation all such lands and buildings as are needful
therefor; to create a board of trustees and to provide
for the suitable management of said institution.
Be it enacted by the Legislature of Alabama:
1. That there is hereby created and established at
Mount Meigs, Montgomery county, Alabama, a reform
school for educating and training juvenile negro law-
breakers, to be governed and controlled by a board of
trustees, composed of the governor, the superintendent
of education, and seven other trustees, five of whom
may be negro women who are interested in the proper
education and training of juvenile negro law-breakers,
to be appointed by the governor by and with the advice
and consent of the senate.
2. The school shall be a corporation named and called
"The Alabama Reform School for Juvenile Negro Law-
Breakers" and by that name may require and hold real
and personal property, contract and sue, and have all
other powers necessary for conducting such an educa-
tional institution.
3. The school is established for the proper education
and training of juvenile negro law-breakers, as may be
lawfully committed to it. The course of instruction in
the school shall include a common school education, with
a thorough training in agriculture and industries, and
giving special attention to moral training so as to make
him a self respecting, industrious, good citizen. Pro-
vided, that no criminal over the age of 15 years shall be
admitted to said institution.
166 PUBLIC SCHOOL LAWS OF ALABAMA
4. The board of trustees accept land and building at
Mount Meigs where the reformatory is now located, and
known as the "reformatory for negro boys," under the
management of the State federation of colored women's
clubs, incorporated under the laws of Alabama. The
board of trustees shall take charge of the property and
school and manage and control it under this act. The
term of office of two of the men and two of the women
first appointed under this act, shall expire on Monday
after tHe second Tuesday in January, 1913, and their
successors shall hold the full term of eight years. The
other trustees appointed under this act shall hold office
of trustees until Monday after the second Tuesday in
January, 1915, and their successors shall hold office for
a term of eight years. If any trustee should die, or resign
the governor shall appoint a successor to hold for the
unexpired term. All trustees for the school shall be
appointed by the governor by and with the consent and
advice of the senate.
5. The trustees shall have the power to govern and
control the school in all things, to prescribe the quali-
fications of the officers and teachers, fix their term of
office, and elect them to and remove them from office
whenever the good of the school requires it. They shall
have the power to require of any officer or agent of the
school a bond and the power to fix the penalty and pre-
scribe the conditions thereof.
6. The authorities of the school shall receive every
negro boy who may be committed to it by an order or
judgment of any court of record to the State of Alabama,
and support, govern and teach the boy until he shall be
of the age of eighteen years or legally discharged from the
school.
7. The trustees are hereby authorized and empowered
to accept a proper deed from the "State Federation of
Colored Women's Clubs" a corporation, to the twenty
(20) acres of land and all improvements situated thereon
and may buy such other lands and buildings in connec-
tion with said institution as they may deem proper, hav-
ing regard to the healthfulness of the location, its sur-
roundings, and accessibility to the railroad; and shall
PUBLIC SCHOOL LAWS OF ALABAMA 167
have authority to erect thereupon, any and all buildings,
structures or machinery of every kind, suitable and neces-
sary for the use and maintenance of the school. Provided,
however, that before any appropriation hereinafter made,
shall be used or available until the execution of a deed in
fee simple to the State of Alabama, of the lands and
huildings thereon hereinabove defined; which deed shall
"be to the State of Alabama for the specific purposes named
in this act ; and unless such property so deeded is accepted
and used by the State of Alabama for such purposes, then
the same shall revert to the said "State Federation of
Colored Women's Clubs," a corporation.
8. For the support and maintenance of the school there
is hereby appropriated the sum of one dollar and seventy-
five cents per week for every boy lawfully attending and
being instructed in the school, which shall be paid month-
ly upon the sworn statement of the president of the school
and approved by the governor, out of the State treasury.
The expenses for transporting such boy, including the
expenses of one guard, shall be paid out of the State
treasury upon the sworn statement of the president of the
school and approved by the governor.
9. The board of trustees in charge of said school, are
hereby given power and authority to make all such rules
and regulations as may be needful to the successful opera-
tion of said school and for the employment of all such
guards as may be necessary in the successful manage-
ment and control of said school, and to fix the salaries to
be paid such guards and to limit the number thereof,
which salaries shall be paid monthly upon the sworn
statement of the president of the school and approved
by the governor, out of the State treasury.
10. The earnings and all other revenue derived from
whatever source, shall be delivered to the board of trus-
tees and used by such board for such purposes as such
board of trustees may deem proper. Or such earnings
may at the discretion of the said board of trustees, be
paid in whole or in part, in the State treasury.
11. For the purpose of all land needful and the erection
of buildings on any of the land acquired under the pro-
visions of this act, there is hereby appropriated out of
168 PUBLIC SCHOOL LAWS OF ALABAMA
the state treasury, the sum of $8,000.00 to be paid in
quarterly annual installments, upon the certificate of
the trustees with the approval of the governor, in pro-
viding the necessary buildings, lands and equipments for
the school.
Approved April 24, 1911.
No. 76.) AN ACT (S. 316— Lusk.
To further regulate the employment of a land agent,
or clerk, in the office of the auditor; to prescribe his
duties, fix his compensation, define his powers and duties,,
and repeal all laws in conflict herewith.
Be it enacted by the Legislature of Alabama:
1. That the State auditor shall have charge of all lands
which have been sold to the State for taxes unpaid; all
"16th section" lands ; all school indemnity lands ; the salt
springs lands reservation ; and all swamp and overflowed
lands, and of all papers, documents and records relating
thereto, except those which are required by law to be kept
in the office of the secretary of State.
2. That to enable the State auditor to discharge effec-
tively and with benefit to the public his duties hereunder
he shall appoint a land clerk, with the approval of the
governor, who has had experience in dealing with public
lands and who understands the system of survey and
platting of the public lands of the United States, and
who shall be paid a salary of one hundred and fifty dol-
lars a month, as other clerks in the executive department
are paid. This section shall not be so construed as
authority for the employment of an additional clerk in
the auditor's office to those now employed therein.
3. That whenever in the judgment of the governor, or
auditor, it is proper that any land described in this act
should be examined or evidence obtained for the pro-
tection of any of these lands, the land clerk may be
sent to make such examination or to obtain such evidence,
and his actual expenses shall be paid, upon his filing with
the auditor a statement thereof by items, sworn to.
PUBLIC SCHOOL LAWS OF ALABAMA 159
4. That sections 886, 892, 893, 894, 895, 896 and 897
■of the Code be and the same are hereby severally re-
pealed.
Approved June 19, 1915.
No. 37.) AN ACT (S. 168.
To provide for the creation of a commission for the
removal of adult illiteracy in Alabama, to be known as
"The Alabama Illiteracy Commission," and to provide
ior the duties and powers thereof.
Be it enacted by the Legislature of Alabama:
1. That there is hereby created a commission to be
Icnown as "The Alabama Illiteracy Commission," which
shall be composed of five persons, both men and women,
including the State superintendent of education, who
shall be ex-officio a member thereof. The commissioners
shall be appointed by the governor and shall be selected
for their fitness, ability and experience in matters of
education, and their acquaintance with the conditions
of illiteracy in the State of Alabama and its various com-
munities.
2. That the members of the commission shall be and
are hereby constituted a body corporate with all the
powers necessary to carry into effect all the purposes of
this act. The commissioners after their appointment
and qualification, shall organize by electing from their
membership a president and a secretary-treasurer. The
secretary-treasurer shall execute a bond to the State of
Alabama in a reputable bonding company and in such
an amount as the commission may approve, for the faith-
ful performance of the duties of his office and for the
proper handling and accounting of all properties and
monies which may come into his hands by virtue of his
office; provided, that the secretary-treasurer may be
removed by the commission and a successor appointed by
the commission in its discretion.
3. That it shall be the duty of the commission and it
shall have the power to make research, collect data, and
160 PUBLIC SCHOOL LAWS OF ALABAMA
procure the services of any and all communities of the
State looking to the obtaining of a more detailed and
definite knowledge as to the true conditions of the State
in regard to its adult illiteracy, and report regularly the
results of its labors to the governor, and to perform any
other act which in its discretion will contribute to the
elimination of the State's adult illiteracy by means of
the education and enlightenment of illiterate persons in
the State of Alabama; and the commission shall expend
any funds or use anything of value which it may receive
in accordance with such regulations as it may from time
to time adopt; provided, however, that any or all funds
which may come into the hands of the commission shall
be expended in keeping with the general purposes of
this act.
4. That the commission shall adopt such rules and
regulations as may seem expedient for carrying on its
business in a manner which shall seem to it most satis-
factory.
5. That the members of this commission shall receive
no compensation for their services nor expenses of any
kind out of the State treasury, but they shall be reim-
bursed out of any funds which may come into the hands
of the commission from other sources for the use of the
commission for their actual traveling and other necessary
expenses incurred in the performance of their duties.
Approved February 9, 1915.
No. 119.) AN ACT (S. 182.
To prohibit the employment of public school teachers
of less than seventeen years of age, and to provide for
the education of pupils of any school having less than
ten pupils.
Be it enacted by the Legislature of Alabama:
1. That on and after October 1, 1915, no person shall
be employed as a teacher in any public school in the
State who is not at least seventeen years of age, and
after December 1, 1915, if the attendance in any school
PUBLIC SCHOOL LAWS OF ALABAMA 161
shall fall below ten, then the county board of education
is authorized to make the best arrangements it can for
the education of those children.
Approved February 20, 1915.
EDUCATION ARTICLE OF THE CONSTITUTION.
ARTICLE XIV.
EDUCATION.
256. The Legislature shall establish, organize and
maintain a liberal system of public schools throughout
the State for the benefit of the children thereof between
the ages of seven and twenty-one years. The public school
fund shall be apportioned to the several counties in pro-
portion to the number of school children of school age
therein, and shall be so apportioned to the schools in the
districts or townships in the county as to provide, as
nearly as practicable, school terms of equal duration in
such school districts or townships. Separate schools
shall be provided for white and colored children, and no
child of either race shall be permitted to attend a school
of the other race.
257. The principal of all funds arising from the sale
or other disposition of lands or other property, which
has been or may hereafter be granted or entrusted to this
State or given by the United States for educational pur-
poses shall be preserved inviolate and undiminished and
the income arising therefrom shall be faithfully applied
to the specific object of the original grants or appropria-
tions.
258. All lands or other property given by individuals,
or appropriated by the State for educational purposes,
and all estates of deceased persons who die without leav-
ing a will or heir shall be faithfully applied to the main-
tenance of the public schools.
259. All poll taxes collected in this State shall be ap-
plied to the support of the public schools in the respective
counties where collected.
esc
162.- PUBLIC SCHOOL LAWS OF ALABAMA
260. The income arising from the sixteenth section
trust fund, the surplus revenue fund, until it is called
for by the United States government, and the funds
enumerated in sections 257 and 258 of this Constitution,
together with a special annual tax of thirty cents on
each one hundred dollars of taxable property in this State,
which the Legislature shall levy, shall be applied to the
support and maintenance of the public schools, and it
shall be the duty of the Legislature to increase the public
school fund from time to time, as the necessity therefor
and the condition of the treasury and the resources of the
State may justify; provided, that nothing herein con-
tained shall be so construed as to authorize the Legisla-
ture to levy in any one year a greater rate of State taxa-
tion for all purposes, including schools, than sixty-five
cents on each one hundred dollars worth of taxable
property ; and provided further, that nothing herein con-
tained shall prevent the Legislature from first providing
for the payment of the bonded indebtedness of the State
and interest thereon out of all the revenues of the State.
261. Not more than four per cent, on all moneys raised,
or which may hereafter be appropriated for the support
of public schools, shall be used or expended otherwise
than for the payment of teachers employed in such
schools ; provided, that the Legislature may, by a vote of
two-thirds of each house, suspend the operation of this
section.
262. The supervision of the public schools shall be
vested in a superintendent of education, whose powers,
duties and compensation shall be fixed by law.
263. No money raised for the support of the public
schools shall be appropriated to or used for the support
of any sectarian or denominational school.
264. The State University shall be under the manage-
ment and control of a board of trustees which shall con-
sist of two members from the congressional district in
which the University is located, one from each of the
other congressional districts in the State, the superin-
tendent of education and the governor who shall be ex-
officio president of the board. The members of the board
of trustees as now constituted shall hold office until their
PUBLIC SCHOOL LAWS OF ALABAMA 163
respective terms expire under existing law, and until
their successors shall be elected and confirmed as here-
inafter required. Successors to these trustees whose
terms expire in nineteen hundred and two shall hold office
until nineteen hundred and seven; successors to those
trustees whose terms expire in nineteen hundred and four
shall hold office until nineteen hundred and eleven; suc-
cessors to those trustees whose terms expire in nineteen
hundred and six shall hold office until nineteen hundred
and fifteen; and thereafter their successors shall hold
office for a term of twelve years. When the term of any
member of such board shall expire, the remaining mem-
bers of the board shall by secret ballot elect his successor ;
provided, that any trustee so elected shall hold office from
the date of his election, until his confirmation or rejec-
tion by the Senate, and, if confirmed, until the expiration
of the term for which he was elected, and until his suc-
cessor is elected. At every meeting of the Legislature the
superintendent of education shall certify to the Senate
the names of all who have been so elected since the last
session of the Legislature, and the Senate shall confirm
or reject them, as it shall determine is for the best inter-
est of the University. If it rejects the names of any
members, it shall thereupon elect trustees in the stead of
those rejected. In case of a vacancy on said board by
death or resignation of a member, or from any cause
other than the expiration of his term of office, the board
shall elect his successor who shall hold office until the
next session of the Legislature. No trustee shall receive
any pay or emolument other than his actual expenses
incurred in the discharge of his duties as such.
265. After the ratification of this Constitution there
shall be paid out of the treasury of this State, at the time
and in the manner provided by law, the sum of not less
than thirty-six thousand dollars per annum as interest
on the funds of the University of Alabama, heretofore
covered into the treasury, for the maintenance and sup-
port of said institution; provided, that the Legislature
shall have the power at any time they deem proper for the
best interest of said University to abolish the military
system at said institution, or reduce the said system to
IM PUBLIC SCHOOL LAWS OF ALABAMA
a department of instruction, and that such action on the
part of the Legislature shall not cause any diminution
of the amount of the annual interest payable out of the
treasury for the support and maintenance of said Uni-
versity.
266. The Alabama Polytechnic Institute, formerly
called the Agricultural and Mechanical College, shall be
under the management and control of a board of trustees
which shall consist of two members from the congres-
sional district in which the institute is located, and one
from each of the other congressional districts in the
State, the State superintendent of education, and the
governor, who shall be ex-officio president of the board.
The trustees shall be appointed by the governor, by and
with the advice and consent of the Senate, and shall hold
office for a term of twelve years, and until their succes-
sors shall be appointed and qualified. The board shall
he divided into three classes, as nearly equal as may be,
so that one-third may be chosen quadrennially. Vacancies
occurring in the office of trustees from death or resigna-
tion, and the vacancies regularly occurring in the year
nineteen hundred and five, shall be filled by the governor,
and such appointee shall hold office until the next meeting
of the Legislature. Successors to those trustees whose
terms expire in nineteen hundred and three shall hold
office until nineteen hundred and eleven; successors to
those whose terms of office expire in nineteen hundred and
five shall hold office until nineteen hundred and fifteen;
and successors to those whose terms of office expire in
nineteen hundred and seven shall hold office until nineteen
hundred and nineteen. No trustee shall receive any pay
or emolument other than his actual expenses incurred in
the discharge of his duties as such.
267. The Legislature shall not have power to change
the location of the State University, or the Alabama
Polytechnic Institute, or the Alabama School for the
Deaf and Blind, or the Alabama Girls' Industrial School,
as now established by law, except upon a vote of two-
thirds of the Legislature taken by yeas and nays and en-
tered upon the journals.
PUBLIC SCHOOL LAWS OF ALABAMA 165
268. The Legislature shall provide for taking a school
census by townships and districts throughout the State
not oftener than once in two years, and shall provide for
the punishment of all persons or officers making false
or fraudulent enumerations and returns ; provided, the
State superintendent of education may order and super-
vise the taking of a new census in any township, district
or county, whenever he may have reasonable cause to
believe that false or fraudulent returns have been made.
269. The several counties in this State shall have power
to levy and collect a special tax not exceeding ten cents on
each one hundred dollars of taxable property in such
counties, for the support of public schools; provided,
that the rate of such tax, the time it is to continue, and
the purpose thereof, shall have been first submitted to a
vote of the qualified electors of the county, and voted for
by three-fifths of those voting at such election; but the
rate of such special tax shall not increase the rate of
taxation. State and county combined, in any one year, to
more than one dollar and twenty-five cents on each one
hundred dollars of taxable property ; excluding, however,
all special county taxes for public buildings, roads, bridges
and the payment of debts existing at the ratification of the
Constitution of eighteen hundred and seventy-five. The
funds arising from such special school tax shall be so
apportioned and paid through the proper school officials
to the several schools in the townships and districts in the
county that the school terms of the respective schools
shall be extended by such supplement as nearly the same
length of time as practicable ; provided, that this section
shall not apply to the cities of Decatur, New Decatur and
Cullman.
270. The provisions of this article and of any act of
the Legislature passed in pursuance thereof to establish,
organize and maintain a system of public schools through-
out the State, shall apply to Mobile county only so far as
to authorize and require the authorities designated by
law to draw the portions of the funds to which said county
shall be entitled for school purposes and to make reports
to the superintendent of education as may be prescribed
by law; and all special incomes and powers of taxation
166 PUBLIC SCHOOL LAWS OF ALABAMA
as now authorized by law for the benefit of public schools
in said county shall remain undisturbed until otherwise
provided by the Legislature; provided, that separate
schools for each race shall always be maintained by said
school authorities.
No. 21.) AN ACT (S. 130.
To submit to the qualified electors of the State at the
general election to be held in November, 1916, for their
consideration an amendment to the Constitution for the
purpose of authorizing the several counties of the State
and the several districts of any county to levy and col-
lect a special tax, not exceeding thirty cents on each one
hundred dollars worth of taxable property in such coun-
ties and in the several districts of any county, under such
regulations as the Legislature may have prescribed or
may hereafter prescribe.
Be it enacted by the Legislature of Alabama:
1. That the following amendment to the Constitution
of Alabama is proposed to be submitted to the qualified
electors of the State for their ratification or rejection, at
the general election to be held in November, 1916, to-wit:
Article XIX, Section 1. The several counties in the State
shall have power to levy and collect a special county tax
not exceeding thirty cents on each one hundred dollars
worth of taxable property in such counties in addition
to that now authorized or that may hereafter be author-
ized, for public school purposes, and in addition to that
now authorized under section 260 of article XIV of the
Constitution ; provided, that the rate of such tax, the time
it is to continue and the purpose thereof shall have been
first submitted to the vote of the qualified electors of the
county, and voted for by a majority of those voting at
such election. Section 2. The several school districts of
any county in the State shall have power to levy and col-
lect a special district tax not exceeding chirty cents on
each one hundred dollars worth of taxable property in
♦This amendment ratified November, 1916.
PUBLIC SCHOOL LAWS OF ALABAMA ICfr
such district for public school purposes ; provided, that a
school district under the meaning of this section shall
include incorporated cities or towns, or any school district
of which an incorporated city or town is a part, or such
other school districts now existing or hereafter formed,
as may be approved by the county board of education;
provided further, that the rate of such tax, the time it is
to continue and the purpose thereof shall have been first
submitted to the vote of the qualified electors of the dis-
trict and voted for by a majority of those voting at such
election; provided further, that no district tax shall be
voted or collected except in such counties as are levying
and collecting not less than a three-mill special county
school tax. Section 3. The funds arising from the special
county school tax levied and collected by any county shall
be apportioned and expended as the law may direct; and
the funds arising from the special school tax levied in
any district which votes the same independently of the
county shall be expended for the exclusive benefit of
the district, as the law may direct.
No. 92.) (H. 200— Dickson.
■ AN ACT
To provide for the acceptance of the benefits of an act
passed by the Senate and House of Representatives of
the United States of America, in Congress assembled, to
provide for the promotion of vocational education, to pro-
vide for the appointment of a State board of vocational
education, and to provide for the duties thereof; and to
make appropriations for vocational education.
Be it enacted by the Legislature of Alabama:
1. That the State of Alabama hereby accepts all of the
provisions and benefits of an act passed by the Senate
and House of Representatives of the United States of
America, in Congress assembled, entitled "An act to pro-
vide for the promotion of vocational education ; to provide
for co-operation with the states in the promotion of voca-
tional education; to provide for co-operation with the
laS PUBLIC SCHOOL LAWS OF ALABAMA
states in the promotion of such education in agriculture
and the trades and industries ; to provide for co-operation
with the states in the preparation of teachers of voca-
tional subjects; and to appropriate money and regulate
its expenditure," approved February twenty-third, nine-
teen hundred seventeen.
2. That the State treasurer is hereby designated and
appointed custodian of all moneys received by the State
from the appropriations made by said act of Congress,
and he is authorized to receive, and to provide for the
proper custody of the same and to make disbursement
thereof in the manner provided in the act and for the
purpose therein specified. He shall also pay out any
moneys appropriated by the State of Alabama for the
purpose of carrying out the provisions of this act upon
the order of the State board of vocational education.
3. That inasmuch as a bill is now pending in the Legis-
lature authorizing the creation of a commission to study
the public school system of the State and report its find-
ings and recommendations to the Legislature, the State
board for vocational education as now constituted shall
be continued until the report of said commission, if
created, shall have been submitted and action taken, pro-
vided that in the event no action shall be taken by the
Legislature of 1919 before final adjournment that there
is hereby created a State board for vocational education
to consist of five members to be appointed by the governor
from the State-at-large. The term of office of the mem-
bers of the State board for vocational education shall be
five years except that in making first appointments the
governor shall designate one member whose term of
oflTice shall expire September thirtieth, nineteen hundred
twenty; one member whose term of office shall expire
September thirtieth, nineteen hundred twenty-one; one
member whose term of office shall expire September thir-
tieth, nineteen hundred twenty-two; one member whose
term of office shall expire September thirtieth, nineteen
hundred twenty-three, and one member whose term of
office shall expire September thirtieth, nineteen hundred
twenty-four. Vacancies occurring from death or resig-
nation shall be filled by the governor for the unexpired
PUBLIC SCHOOL LAWS OF ALABAMA 169
terms. The members of the State board for vocational
education shall serve without compensation, provided
that they shall receive actual expenses incurred in the
discharge of their duties.
4. That the State superintendent of education shall
serve as executive officer of the State board for voca-
tional education and shall designate, by and with the
advice and consent of the State board for vocational edu-
cation, such assistants as may be necessary to properly
carry out the provisions of this act. The State superin-
tendent of education shall also carry into effect such rules
and regulations as the State board for vocational educa-
tion may adopt and shall prepare such reports concerning
the condition of vocational education in the State as the
State board for vocational education may require. The
State superintendent of education shall maintain an office
for the board in the capitol of the State and shall keep all
the records of the board in that office.
5. That the State board for vocational education shall
have all necessary authority to co-operate with the Fed-
eral board for vocational education in the administration
of said act of Congress; to administer any legislation
pursuant thereto enacted by the State of Alabama, and
to administer the funds provided by the Federal govern-
ment and the State of Alabama under the provisions of
this act, for the promotion of vocational education in
agricultural subjects, trade and industrial subjects, and
home economics subjects. It shall have full authority to
formulate plans for the promotion of vocational education
in such subjects as an essential and integral part of the
public school system of education in the State of Alabama,
and to provide for the preparation of teachers of such
subjects. It shall have authority to fix the compensation
of such officials and assistants as may be necessary to
administer the Federal act and this act for the State of
Alabama and to pay such compensation and other neces-
sary expenses of administration from funds appropriated
in this act. ft shall have authority to make studies and
investigations relating to vocational education in such
subjects ; to promote and aid in the establishment by local
communities of schools, departments, or classes giving
170 PUBLIC SCHOOL LAWS OF ALABAMA
training in such subjects; to co-operate with local com-
munities in the maintenance of such schools, departments,
or classes; to prescribe qualifications for the teachers,
directors and supervisors of such subjects, and to have
full authority to provide for the certification of such teach-
ers, directors and supervisors ; to co-operate in the main-
tenance of classes supported and controlled by the public
for the preparation of teachers, directors and supervisors
of such subjects or to maintain such classes under its
own direction and control; to establish and determine by
general regulations the qualifications to be possessed
by persons engaged in the training of vocational teachers.
6. That the State board for vocational education shall
hold at least five stated meetings per year as follows : On
the first Tuesday of the months of October, December,
February, April and July, and at such other times as
may be designated by the executive officer of the board or
upon the request in writing of a majority of the members
of the board. The stated meetings of the board shall be
held in the office of the State superintendent of educa-
tion. At the first stated meeting in October of each year,
the Board shall elect one of its members to serve as
chairman.
7. That the board of education of any county or of
any incorporated town of 2,000 inhabitants or more may
co-operate with the State board for vocational education
in the establishment of vocational schools or classes giving
instruction in agricultural subjects, in trade or indus-
trial subjects or in home economics subjects and may use
any moneys raised by public taxation in the same manner
as moneys for other school purposes are used for the
maintenance and support of public schools.
8. That the State of Alabama shall appropriate a sum
of money available for each fiscal year not less than the
maximum sum which may be allotted to the State of Ala-
bama for the purpose set forth in the said Federal act and
that there is hereby appropriated out of any moneys in
the treasury not otherwise appropriated "for the fiscal
year ending September 30, 1919, the sum of twenty-five
thousand dollars, this sum being approximately the pro-
portionate part of the funds accruing to the State from
PUBLIC SCHOOL LAWS OF ALABAMA 171
the time of the passage of this act until the end of the
present fiscal year; for the year ending September 30,
1920, the sum of sixty-six thousand dollars; this sum
being the estimated amount required to match Federal
funds for said year.
9. That the moneys appropriated by section eight of
this act shall be used by the State board for vocational
education for the promotion of vocational education as
provided for in the Federal act and for the purposes set
forth in this act.
10. That the State board for vocational education shall
make a report annually to the governor setting forth
the condition of vocational education in the State of Ala-
bama, a list of the schools to which Federal and State aid
has been given, and a detailed statement of the expendi-
tures of Federal funds and the State funds provided in
section eight of this act.
11. That all laws and parts of laws in conflict with the
provisions of this act be and the same are hereby repealed.
12. That this act shall take effect upon its passage and
approval by the governor.
Approved February 15, 1919.
No. 21.) AN ACT (S. 89.
To provide for the appointment of a commission to
make a study of the public school system of Alabama and
to make an appropriation therefor.
Be it enacted by the Legislature of Alabama:
1. That the governor shall appoint a commission of five
persons, all of whom shall serve without compensation,
to make a study of the public educational system of Ala-
bama, including all schools and educational institutions
supported in whole or in part from public funds, to de-
termine the efficiency of the same and to report its find-
ings with recommendations for increased efficiency, and
economy to the governor on or before July 1, 1919.
2. That the said commission is empowered to employ
assistance in the several fields of public education in
172 PUBLIC SCHOOL LAWS OF ALABAMA
which the State is engaged and shall supply such clerical
help and equipment as shall be necessary.
3. That the said commission and its employees shall
have free access to all public records. All public school
and educational institutions, teachers, instructors, facul-
ties, officers and employees shall furnish all information
and assistance in their power in making such a study as
is contemplated under this act. The members of said
commission and their assistants shall have power to re-
quire the production of papers and records and are hereby
empowered to administer oaths. In case any person sum-
moned by any member of such commission or any assist-
ants of such commission shall fail or refuse to obey such
process or to testify before such commission or any as-
sistants of such commission, the said commission or any
assistants of such commission may apply to any court of
record of this State to compel obedience and to give testi-
mony and the said courts are hereby empowered to en-
force obedience to such process.
4. That said commission shall, in addition to other
work specified by this act, direct special attention to the
feasibility and advisability of consolidating any of the
existing State educational institutions or departments
thereof, of eliminating any institution or institutions, and
of co-ordinating and unifying the work of any or all insti-
tutions under one board of management and control.
5. That there is hereby appropriated out of any money
in the treasury not otherwise appropriated the sum of
$10,000, or so much thereof as may be necessary for the
purpose of defraying the cost of the study herein author-
ized, including the personal and traveling expenses of the
members of said commission, the salary and expenses of
the necessary help and of such other expenses as in the
opinion of said commission are necessary for the thorough
study of school conditions in Alabama, provided that for
the fiscal year beginning October 1, 1919, and for that
year only, the legislative appropriation for the public
schools as provided by statute shall be reduced in an
amount equal to the amount actually expended of the
above appropriation of $10,000 as shown by the books in
the office of the State auditor ; provided further, that the
PUBLIC SCHOOL LAWS OF ALABAMA 17»
said fund shall be paid out upon warrants of the State
auditor, issued upon requisitions of the State superin-
tendent of education and having attached thereto item-
ized statements of said expenditures.
Approved February 6, 1919.
INDEX
Section. Page.
AGENT, LAND 158
AGRICULTURAL SCHOOLS (Note) _.._ 73
ALABAMA EDUCATION COMMISSION 171-173
ALABAMA GIRLS TECHNICAL INSTITUTE 1912-32 102-108
Constitution 267
ALABAMA ILLITERACY COMMISSION-..- .„.„ 159-160
ALABAMA INDUSTRIAL SCHOOL (for boys )..... .1954-70 115-120
ALABAMA INSTITUTE FOR DEAF AND BLIND
(white and colored) 1933-53 108-115
ALABAMA POLYTECHNIC INSTITUTE 1899-1911 98-101
Constitution 266-7
ALABAMA, UNIVERSITY OF ....„ 1869-89 89-97-
Testing laboratory for cement _ 1893
Summer school _ 1894-8
Constitution 264-5, 267
AMENDMENT TO CONSTITUTION PROVIDING
FOR LOCAL TAX 166-167
APPORTIONMENT OF SCHOOL FUND, DIS-
BURSEMENT 1760-80 46-51
State auditor certifies amount of educational
fund; Superintendent of education appor-
tions 1760
Contingent expenses and amount for normal
schools set apart; residue apportioned 1761
Amount apportioned certified to auditor; no
warrants drawn in excess; balance unap-
portioned certified to treasurer 1762
176
INDEX.
Section.
Superintendent must certify and report
amount of school fund apportioned to the
several counties to the county superin-
tendent __ 1763
Interest on trust funds first set apart; effect of
apportionment _ 1764
Apportionment to districts _.1765
Report of apportionment by county board 1766
County board to keep record of apportionment...! 767
Apportionment recorded and certified; con-
tracts invalid _ 1768
Poll tax received by each county „ 1769
Apportioned and certified to auditor. 1770
Apportionment and expenditure of local school
money „ 1776
Apportionment of income from trust fund
when township divided 1777
Fund once apportioned, not used otherwise
until reapportioned 1778
Income new districts are entitled to 1779
Contingent fund for department of education...l780
APPROPRIATIONS FOR PUBLIC SCHOOL
FUNDS, WHEN ACCRUE _!l678
Placed to credit of educational fund _ 1679
BLIND, ALABAMA INSTITUTE FOR DEAF AND
(white and colored) 1933-53
BOARDS OF EDUCATION, AUTHORIZING WOM-
EN TO SERVE ON _ .„ „
Page.
BOARDS OF EDUCATION, COUNTY „.
BOARDS AND OFFICERS OF PUBLIC SCHOOLS...1680
BONUS, SPECIAL APPROPRIATION „.
BOOK COMMISSION, TEXT, MEMBERS, AP-
POINTMENT 1805-50
(See Textbook Commission, etc.)
BOYS, ALABAMA INDUSTRIAL SCHOOL
FOR _..
3-4
4-5
108-115
15
10-14
5
61-62
74-86
1954-70 115-120
INDEX.
177
Section.
CENSUS OR ENUMERATION OF SCHOOL CHIL-
DREN „. '. _„..1717-8
(See Enumeration or census of school children.)
CHILD LABOR LAW
Act providing for schools
CHILDREN AND PUPILS ELIGIBLE TO PUBLIC
SCHOOLS 1755-7
Pupiis entitled to instruction 1755
Non-residents entitled to school privileges 1756
Separate schools for the two races 1757
CITY AND TOWN SCHOOLS UNDER MUNICI-
PAL GOVERNMENT 1348-58
(See Municipal Government, etc.)
COMMISSION, ALABAMA ILLITERACY
COMMISSION, TEXTBOOK, MEMBERS, AP-
POINTMENT „ „...„ 1805-50
(See Textbook Commission, etc.)
COMPULSORY SCHOOL ATTENDANCE ACT _....
CONSTITUTION, EDUCATION ARTICLE OF 256-270
Census, Legislature to provide for school 268
Children, school age of _ — 256
Funds for schools, how apportioned _ 256
Funds for schools, principal to be kept invio-
late 257
Funds for school, interest, how applied — 257
Funds for schools, sources of (State) — » 260
Lands given schools, how applied 258
Location of certain institutions not to be
changed, exception 267
Mobile county, how affected by Constitution 270
Moneys, all applied to pay of teachers except
four per cent 261
Poll taxes to be applied to school support 259
Polytechnic Institute, control and management 266
Sectarian or denominational schools excluded
from public funds _ — 263
Page.
23-25
134-143
132
38
128-134
159-160
74-86
38-45
161-166
178
INDEX.
Section.
Taxation for schools, special by counties 269
Taxation for schools by State, rate of 260
University of Alabama, control and manage-
ment of 264
University of Alabama, financial support of 265
Local School Tax Amendment
COUNTY BOARDS OF EDUCATION, ELECTION
POWERS, DUTIES, ACT _.._ 129
Page.
COUNTY HIGH SCHOOLS
(See High Schools for counties.)
„1861-7
COUNTY SUPERINTENDENT OF EDUCATION 1702-9
One elected for each county „ 1702
Term of office; removal _ _ _ 1703
Oath of office and bond 1704
Approval and record of bond 1705
New or additional bond _ 1706
Duties „ 1707
Failure to make annual reports 1708
Books and accounts liable to examination 1709
Vacancies, how filled; term, etc., of appointees_1710
Compensation _ 1711
And an act further prescribing the powers and
duties and fixing the compensation
Proceedings for and against (Civil Code)... 5940-5
COUNTY TREASURER OF PUBLIC SCHOOL
FUNDS, Act creating „.„ „
CRIMINAL PROVISIONS OF PUBUC SCHOOL
LAW
Injuring or defacing public or private property 6413
Disturbing people met for school purposes or
holiday .._ „ „ 6769
Embezzlement by using school money for
other than school purposes 6834
Shooting, throwing, etc., into dwelling and
other houses _._ 6897
Stealing examination questions, penalty 7750
Use of other than contract books in public
schools „ 7751
166-167
10-14
8e-87
20-22
17
35-37
INDEX. 17«
Section. Page.
Charging more than contract prices for school
books 7752
Textbook provisions, violation, penalty 7753
Schoolhouse warrants or proceeds; wrongful
application of; penalty — 7754
False or fraudulent enumeration, penalty 7755
DEAF AND BLIND, ALABAMA INSTITUTE FOR
(white and colored) 1933-53 108-115
Constitution 267
DISPOSITION OF PROPERTY OF EDUCATION-
AL CORPORATIONS _.... 151-153
DISTRICT AGRICULTURAL SCHOOLS (Note) 73
EDUCATION ARTICLE OF CONSTITUTION 256-270 161-166
(See Constitution, Education article of.)
EDUCATION, AUTHORIZING WOMEN TO
SERVE ON BOARDS OF _...„ „.„ „., 15
EDUCATION, COUNTY BOARD OF 1712-6 10-14
(See County Board of Education.)
EDUCATION, COUNTY SUPERINTENDENT
OF 1704-11 19-22
(See County Superintendent of Education.)
EDUCATION, STATE SUPERINTENDENT OF 1681-8 20-22
(See Superintendent of Education.)
ENUMERATION OR CENSUS OF SCHOOL CHIL-
DREN — - 1717-8 23-25
Census or enumeration — 1717
Compensation of enumerators _ — — 1717
False or fraudulent enumeration 7755
EXAMINATIONS IN PUBLIC SCHOOLS _.« 1758 46
EXAMINATION OF TEACHERS 1719-50 25-34
(See Teachers, qualifications, license, etc.)
180 INDEX.
Section. Pag&.
FUND, APPORTIONMENT OF SCHOOL, DIS-
BURSEMENT „. 1760-80 46-51
(See Apportionment of school fund, etc.)
FUNDS, COUNTY TREASURER OF PUBLIC
SCHOOL, Act creating _„ IT
FUNDS, PUBLIC SCHOOL 1678 3-4
GIRLS TECHNICAL INSTITUTE, ALABAMA 1912-32 102-108
Constitution „ — 267
HIGH SCHOOLS FOR COUNTIES ...„ _....1861-7 86-87
Commission to locate and establish 1861
Sites procured, donations paid quarterly..^ _ 1862
Controlled by High School Commission and
county board of education _ _ 1863
Free school and office of trustee not abol-
ished 1864
Qualifications and eligibility of teachers and
students 1865
Course of study 1866
Matriculation fee — 1867
And an act authorizing cities and towns to
convey real and personal property to 8&
And an act authorizing boards of revenue, etc.,
to appropriate funds — — — — 87
ILLITERACY COMMISSION, ALABAMA ___ 159-160
INDUSTRIAL SCHOOL FOR BOYS, ALABAMA...1954-70 115-120
INCORPORATED CITIES SEPARATE DIS-
TRICTS 1693 le
INSTITUTE, ALABAMA GIRLS TECHNICAL 1912-32 102-108
Constitution __ „ _... 267
INSTITUTE, ALABAMA POLYTECHNIC _....1899-1911 98-101
Constitution „ 266-7
INSTITUTE FOR DEAF AND BLIND, ALABAMA
(white and colored) „ 1933-53 108-115
Constitution _ _„ _. 267
INDEX. 181
Section. Page.
INSTITUTES, TEACHERS' 149-151
INTEMPERANCE, PROVIDING FOR INSTRUC-
TION ON THE EVILS OF 144-145
LABOR LAW, CHILD 134^143
Act providing for schools „
LAND AGENT „„ 158
LANDS, SCHOOL, LEASE AND SALE 1781-1804 62-69
(See school lands, lease and sale.)
Sale of rural schoolhouse lands _ 69
LIBRARIES, Act providing for rural ™ ...... 146-149
LOCAL TAX, AMENDMENT TO CONSTITUTION 166-169
MINES AND MINING, PREPARATORY SCHOOL
FOR -...- ._...1971-4 120-121
MOBILE COUNTY, PROVIDING FOR SPECIAL
TAX LEVY 144
MUNICIPAL GOVERNMENT, CITY AND TOWN
SCHOOLS UNDER „ 1348-58 128-134
Schools, regulation of 1348
Board of education 1349
EHection of officers of board of education „....1350
School property _ 1351
Appropriation _. 1352
Control - 1353
Superintendent of schools 1354
Board of education of toAvns having over one
thousand and less than six thousand in-
habitants _ - 1355
School districts _ - — 1356
Libraries _ — 1358
Municipalities exempt from school law 1357
MUNICIPAL CODE, Sec. 1355 amended _ 14
NORMAL SCHOOLS (Note) -.-. 70
Act creating board of trustees for normal
schools _.... _- 71-73
182 INDEX.
Section. Page.
NORTHEAST ALABAMA AGRICULTURAL AND
INDUSTRIAL INSTITUTE, LINE-
VILLE 153-155
OFFICERS AND BOARD OF PUBLIC SCHOOLS 1680 5
PERIODS, SCHOLASTIC 1759 46
POLYTECHNIC INSTITUTE, ALABAMA 1899-7911 98-101
Constitution 266-7
PROCEEDINGS FOR AND AGAINST COUNTY
SUPERINTENDENTS OF E D U C A -
TION 5940-5 127-128
Against county superintendent for balance in
his hands _ 5940
Authority to employ counsel _ 5941
Notice _ 5942
Transcript of superintendent of education evi-
dence __ 5943
Time and manner of trial _ 5944
In favor of teachers for money due them;
court and notice; appeal from justice's
court ~ 5945
PROPERTY OF EDUCATIONAL CORPORATIONS,
DISPOSITION OF _ 151-153
PUBLIC SCHOOL FUND 1678 3-4
When appropriations accrue; placed to credit
of educational fund 1 679
PUBLIC SCHOOL FUND, APPORTIONMENT 1760-80 46-51
(See Apportionment school funds, etc.)
PUBLIC SCHOOLS, CHILDREN AND PUPILS
ELIGIBLE TO _.... 1755-7 38
PUBLIC SCHOOLS, EXAMINATION IN 1758 46
PUBLIC SCHOOLS, OFFICERS AND BOARDS
OF „ _ 1680 5
PUBLIC SCHOOL, SPECIAL TAX FOR 1851-60 52-61
(See Tax for public schools, special, etc.)
INDEX. 188
Section. Page.
REDISTRICTING ACT NOT APPLICABLE TO
CERTAIN CITIES _ 16
REFORM SCHOOL FOR JUVENILE NEGRO LAW-
BREAKERS, MT. MEIGS „ 155-158
REFORM SCHOOL FOR WHITE BOYS. (See Ala-
bama Industrial School) 1954-70 115-120
SALE AND LEASE OF SCHOOL LANDS _ 1781-1804 62-69
(See School lands, lease and sale.)
SALE OF RURAL SCHOOLHOUSE LAND 69
SCHOLASTIC PERIODS 1759 46
SCHOOL CHILDREN, CENSUS OR ENUMERA-
TION -..„ _: 1717-8 23-25
(See enumeration or census of school children.)
SCHOOLS, COUNTY HIGH 1861-7 86-87
(See High schools for counties.)
SCHOOL DISTRICTS NOT AFFECTED BY COUN-
TY LINES 1694 16
SCHOOL FOR MINES AND MINING, PREPARA-
TORY „ 1971-4 120-121
SCHOOL FUND, PUBLIC .„„ 1678 3-4
When appropriations accrue, placed to credit
of educational fund .„ „ 1679
SCHOOL LANDS, LEASE AND SALE 1781-1804 62-69
What are school lands and in whom vested 1781
Sale of school and indemnity land^ author-
ized „ ,...„ - 1782
Consent of inhabitants to sale of land 1783
Resale of land _ 1784
Proceeds of sale, how disposed of „ 1785
Notes taken, placed with attorney general 1786 •
Manner and terms of sale 1787
Timber lots reserved 1 788
Timber lots, how used 1789
Penalties for injuries to timber 1790
184 INDEX.
Section. Page.
Fines paid into treasury for school fund 1791
Certificate of purchase _ 1792
Effect of certificate of purchase „ 1793
Revesting of title; clerk to certify, penalty,
costs 1794
Fines to go to school fund _ _ 1795
Patents .._ 1796
Issue of patent; correction of mistake 1797
Issue of patents in other cases _ _ 1798
Collection of past due notes _ 1799
Agents for collection of notes 1800
Township credited with collection on notes..„ 1801
Proceeds covered into treasury; State pledged
for payment of interest -..-._ 1802
Lease of school and indemnity lands 1803
Board of compromise ...._ -~ 1804
SCHOOLS, OFFICERS AND BOARDS OF PUB-
LIC „ -. 1680 5
SCHOOLS IN MANUFACTURING DISTRICTS „ 145-146
SCHOOLHOUSE, Act amending Article 31, Chapter
41, Code 1907 122-127
SPECIAL TAX FOR PUBLIC SCHOOL, 1 MILL...1851-60 58-61
(See Tax for public schools, special.)
SUPERINTENDENT OF EDUCATION, STATE 1681-8 5-10
Term of office, salary _ „ 1681
Oath of office, bond . 1682
Office and books, papers and records 1683
Clerks and their salaries 1684
Duties _ -...„..: 1685
Report to • governor, contents 1686
Report to be printed and distributed 1687
Vacancy filled by governor; term, etc., of ap-
pointee ...1688
TAX, AN ACT TO AUTHORIZE 3 MILL COUNTY
AND DISTRICT „. „.„ 52-58
INDEX. 186
Section. Page.
TAX AMENDMENT TO CONSTITUTION, LOCAL. 166-167
TAX FOR PUBLIC SCHOOLS, ELECTION FOR
SPECIAL, 1 MILL 1851-60 51-61
Petition for call for election 1851
Notice and publication _ .„ 1852
Managers and officers of election 1853
Qualified electors, etc 1854
Ballot, form and manner of voting 1855
Special tax levied and assessed _ 1856
Time tax continues .„ 1857
How collected and disbursed — — 1858
Time of election and costs — 1859
Compensation of tax collector, assessor, and
county superintendent „ 1860
Instruction for disbursing (Note) — 18
TEACHERS' INSTITUTES 149-151
TEACHERS' QUALIFICATIONS, LICENSE, POW-
ERS, DUTIES 1719-50 25-34
Board of examiners 1719
List of questions prepared. 1721
Stealing examination questions; penalty. 7750
Times for examinations for teachers 1722
Examination in counties, by whom and how
conducted - 1724
Examination fees — - 1725
Compensation of Board of Examiners 1726
Compensation of county examiners 1727
Teachers shall not receive assistance - 1728
Statement signed by teachers -_ 1729
Applicant must be of good moral character 1730
Habitual use of intoxicants or profane lan-
guage — 1731
Grades of certificates 1732
Percentage and certificate required - 1733
Branches of learning examined upon — 1734
Examination shall be written, kind of paper
and ink to be used 1735
186
INDEX.
Section. Page.
Examination papers delivered to examiner,
transmission to board. 1736
Board examines and grades papers _. 1737
Certificates issued 1738
Examination papers kept on file six months 1739
Lifetime of certificates 1740
Life certificates 1741
Revoking certificate .._ _ 1 743
Register of licensed teachers 1744
Separate districts _._ ;. 1745
Instruction as to the nature of alcoholic drinks
and narcotics 1 746
Teaching agriculture in public schools 1747
Register kept by teacher and submitted 1748
Monthly report; not entitled to compensation
till forwarded 1 749
To be paid monthly „ 1750
And an act authorizing the issuance of certifi-
cates to graduates of certain institutions
of higher learning and the extension of
certificates held „ 32-33
Emergency certificates valid until July, 1919 „ 34
TEACHERS UNDER SEVENTEEN YEARS OF
AGE NOT ELIGIBLE TO EMPLOYMENT
160
TECHNICAL INSTITUTE, ALABAMA GIRLS 1912-32
Constitution _ 267
102-108
TEXTBOOK COMMISSION, MEMBERS, APPOINT-
MENT ....„ 1805-50
How constituted 1805
Oath of commissioners 1806
Organization _ 1807
Duties _ 1808
Unlawful to use other books than those se-
lected - _ 1809
Branches of study 1810
Partisan or sectarian books forbidden 1811
Books may be dropped 1812
74-86
INDEX. 187
Section. Page.
Quality and merit to control in selection _ 1813
Desirable books when price too high 1814
Advertisement for bids 1815
Bids, specifications, requisites and contents of...l816
Deposits as security for performance of bids 1817
Bids sealed and deposited 1818
Bids opened and examined, and contracts
awarded 1819
Notifications to publishers „_ 1820
Contract, execution, preparation, filing 1821
Bond of contractor, preparation, execution,
conditions „ 1822
Deposits returned _.. 1823
Failure to execute contract or bond 1824
Recovery on bond 1825
Books furnished must be equal to specimens 1826
Secretary of State preserves samples 1827
Contract and exchange price printed on back
of books _.. 1828
Prices for this State shall not exceed prices
for other states „„ 1829
Changing or altering contract 1830
Majority controls „ 1831
State not liable to any contractor „ 1832
Old books exchanged for new 1833
Rejecting bids or proposals 1834
Readvertisement for bids 1835
Bids for copyright and manuscripts 1836
Manuscript or printed form of matter pro-
posed to be incorporated in book 1837
Proclamation of governor announcing con-
tract „ _ „ 1838
Three depositaries or places of sale in each
county _ 1839
Contract price printed on books 1840
Distribution of books... „ 1841
Commission continues for five years; new ap-
pointed .„ 1842
List of books, agencies, and prices furnished
to county superintendent 1843
188 INDEX.
Section. Page.
Supplementary textbooks, etc _ 1 844
Other books used upon failure to furnish those
adopted _ _._ ......1845
Appropriation 1846
Compensation of commissioners _„ 1847
Clerk ; compensation 1848
Books adopted continue five years 1849
Failure to furnish books, contract for unex-
pired term „ 1850
TOWN AND CITY SCHOOLS UNDER MUNICIPAL
GOVERNMENT 1348-58 128-134
(See Municipal government, town and city
schools under.)
TOWNSHIPS ABOLISHED 1689 9
TOWNSHIPS AND SCHOOL DISTRICTS INCOR-
PORATED 1690 10
TREASURER OF PUBLIC SCHOOL FUNDS,
COUNTY, Act creating 17-18
UNIVERSITY OF ALABAMA 1869-89 89-97
Testing laboratory for cement 1893
Summer school 1 894-9
Constitution „„.264-5, 267
VACANCY, Act providing for filling vacancies in
city, county, or State offices 143
VOCATIONAL EDUCATION ACT, providing appro-
priation to match Federal funds 167-171
WOMEN TO SERVE ON BOARDS OF EDUCA-
TION, AUTHORIZING — 15
RETURN CIRCULATION DEPART/VtENT
TO^^- 202 Main Library
1 OAM PFPIOn 1
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HOME USE
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