\A/ash^5e UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY \i)o .u ^V- ^'^"^^^ ^'^'' ^^-'^% *"^' ■-V ' \ SCHOOL LAWS OF THE State of Washington, WITH ^I>FENDIX. PUBLISHED BY AUTHORITY. 1893. OLYMPIA, WASH.: O. C. WHITE, . . . STATE PRINTER. 1S93. INTEODUCTOEY. The first legislature of the State of Washington enacted what M^as designed to be a complete code of laws for the purpose of establishing and conducting a system of common schools. The principal act (Chap. XII of the Session Laws of 1889-90) went into effect March 27, 1890. The act relating to cities of 10,000 or more inhabitants went into effect June 26, 1890. Two acts were passed at that ses- sion authorizing school districts to issue bonds, the later one, approved March 28, 1890, being simply amendatory of the first section of the former act, which was approved and went into effect March 19, 1890. At its second session (1891), the legislature passed an act amend- ing twenty-eight different sections of the school law passed at the session of 1889-90, but these amendments affect only chapter twelve of the Laws of 1889-90 (commonly called the '^ Common School Law"), as will be seen by the last section of the amendatory act, which reads as follows: ''Sec. 29. Nothing in this act, or of the act of which this is amendatory, shall operate or be construed to repeal any of the provisions of an act entitled 'An act to establish a system of common schools in cities of ten thousand or more inhabitants, and to provide for properly maintaining, governing and grading the same,' approved March 26, 1890." At the third session of the legislature (1893), an act was passed amending six different sections of chapter xii of the Laws of 1889-90, and interpolating in said chapter sections 31^ and 70^. An act was passed also in relation to the formation of new school districts, one establishing a state normal school in Whatcom county, and one pro- viding for the management and control of state normal schools. The original act (Chap, xii. Laws of 1889-90), as amended by the act of March 7, 1891 (Chap, cxxvii. Laws of 1891), and by the act of March 10, 1893 (Chap, cix, Laws of 1893), together with the new acts before mentioned, will be found in this volume. All amend- ments and acts here published which were enacted at the third ses- 4 INTRODUCTORY. sion of the legislature (1893) go into effect June 7, 1893. In all amended sections the section and chapter of the amendatory act or acts are given in brackets. All laws which in any way affect the common school system, or which prescribe any duty for school district officers or county super- intendents, are embraced in this volume; also, the constitution of the state, together with such rulings and decisions of the attorney general and superintendent of public instruction as may be of service to school officers in the administration of the laws. The forms for the use of school officers have been revised to conform to the laws as amended. C. W. BEAN, Superintendent of Public Instruction. SCHOOL LAWS OF WASHINGTON. COMMON SCHOOLS. An Act to establish a general uniform system of common schools in the State of Washington, and declaring an emergency. £e it enacted by the Legislature of the State of Wasldngton: TITLE I. — OUTLINE OF SYSTEM. Section 1. A system of common schools shall be main- tained throughout the State of Washington. Skc. 2. The administration of the common school system To whom •'_ _ entrusted. shall be entrusted to the state superintendent of public in- struction, a state board of education, county superintendents of common schools, boards of directors and a district clerk for each district. TITLE II. — SUPERINTENDENT OF PUBLIC INSTRUCTION. Sec. 3. [Sec. 1, ch. 12*7, Laws 1891.] The superintendent when elected, of public instruction shall be elected by the qualified electors of the state, on the first Tuesday after the first Monday in November of the years in which state officers are elected, and shall hold his office for the term of four years, and until his successor is elected and qualified, and his powers and duties shall be as hereinafter enumerated: First: He shall have su- pervision over all matters pertaining to the common schools of the state. He shall receive an annual salary of twenty-five salary. hundred dollars, payable quarterly, upon warrant of the state auditor drawn upon the state treasurer, in the same manner as other state officers are paid. Second: He shall report to shaii report to ^ governor. the governor biennially on or before the first day of Novem- what. ber preceding the regular session of the legislature. The governor shall transmit said report to the legislature, and three thousand copies thereof shall be printed and delivered to the superintendent of public instruction, who shall furnish two copies to be deposited in the state library, one copy to each county superintendent of schools, to be held by him as public property and delivered to his successor in office, and one copy to each district clerk within the state, for the dis- 6 SCHOOL LAWS OF WASHINGTON. trict library. Said report shall contain a statement of the general condition of the common schools of the state, with full statistical tables, by counties, showing the number of schools and the attendance; the state and county school fund apportioned, amount received by special tax or from other sources, amount expended for salaries of teachers, the salaries paid by the several counties to the superintendent of schools, the amount they are paid for visiting schools, and the mileage they draw for same; building and providing school houses, the amount of bonded or other school indebtedness, with rate of interest paid; a list of the school officers of the state, the reports of all state educational institutions, or such portions of them as he may think advisable, together with such other facts as he may deem of general interest. He shall also in- clude in his report a statement of plans for the management Shall prepare and improvement of the schools. Third: He shall prepare forms, etc. . .. ,,..,. and superintend the printing and distribution to county super- intendents of such blanks, forms, registers and blank books as may be necessary to the proper discharge of the duties of county superintendents, teachers, and all other school officers charged with the administration of the laws relating to com- mon schools; also the rules and regulations for the use and government of the common schools, and the questions pre- siiaii travel. pared f Or the examination of teachers. Fourth .• To travel in the different counties of the state where common schools are taught, as far as possible, without neglecting his other official duties as superintendent of public instruction, for the purpose of visiting schools, of consulting the county superintendents, and addressing public assemblages on subjects pertaining to common schools; also to" open such correspondence as may enable him to obtain all necessary information relating to the system of common schools in other states. He shall submit, ExiH-ii«e«. (juarterly, a statement of expenditures for traveling expenses, which shall be audited by the state auditor, who shall issue a warrant on the state treasurer for the payment of such amounts as shall be found to have been properly incurred: Provided, That said expenditures shall not exceed eight hun- dred dollars in any one year: y\nd provided further, That the j)Ostage, stationery and other office expenses shall be paid for in tlic sjiiiic manner as in case of other state officers. iTiiiiiinv- /''//■///.• lie shall cause to be ))rinted, with an a])j)endix of ap- propriate forms anaymen1 of state officers. 11 I l.l-; III. SIAIK noAIM) OK KniTCATION. App..iiiiii.int. Sicr. (i. The governor shall a])p<)iiit, by and with the advice and consent of the state senate, four suitable persons, at least two of whom shall be selected from iliosc actually engaged ill leaching in the common schools of this state, wlio, together with tli(! siip(niiitend(Mit of jmblic instruciion, sliail constitute Teniircf.f thcHtatf Itoanl of education. The jtcrsons ai)))oiiitc(l shall hold their u\\\c\\ lor two years Irom the lirst iMonday iii IMarcii SCHOOL LAWS OF WASHINGTON. 9 next following their appointment, and shall serve until their successors are appointed and qualified: Provided, That the term of office of the first board appointed in accordance with this act shall expire on the first Monday in March, 189 L Sec. v. The state board of education shall hold an annual Meetings— an- nual ; special. meeting at the capital of the state on the first Tuesday in June of each year, and may hold such special meetings as deemed necessary for the transaction of public business, such special meetings to be called by the superintendent of public instruc- tion. The persons appointed as members of the board of education shall be paid for their services at the rate of five of'",^ef,')jer**''^ dollars per diem for the actual number of days' attendance at said meetings, and shall be further entitled to actual traveling expenses in attending said meeting, compensation and travel- ing expenses to be paid by the state treasurer, on warrant of the state auditor, out of funds not otherwise appropriated, upon the certificate of the superintendent of public instruc- tion: Provided, That the expenses of the whole board shall not exceed the sum of one thousand dollars in any one year. Sec. 8. The said board shall have power — Fivf^t: To adopt i'e^f'ijooks* or readopt, at their first regular meeting in June, eighteen hundred and ninety, a uniform series of text-books for the use of the common schools, including graded common schools, throughout the state: Provided, They can secure an exchange of books at any time in use for those of the same grade, or an exchange of those of a lower grade for those of the next higher grade, without a greater average cost to the people than two- Rates of ex- fifths of the contract retail price of the books in use at the time of adoption; and enter into contract with the publishers for the supply of the same, to take efi^ect on the first day of the following September; and the books so adopted shall not be changed within five years thereafter, unless the publishers of such adopted books shall fail to comply with the terms of the contract. Before making any adoption, the superintendent of public instruction shall advertise for at least six weeks in such Adveitise- papers or periodicals of general circulation as he may deter- mine, that the board of education will receive sealed proposals for the supply of text- books to the people of the state. Said advertisements shall state the day and hour upon which said proposals shall cease to be received. It shall also name all the kinds of books for the supply of which proposals are invited, and be signed by the sui^erintendent of public instruction, and that ])roposals so advertised for shall state the price at which 10 SCHOOL LAWS OF WASHINGTON. Prices of books must be main- tained, wliere. May reject proposals. Publishers must give bonliall j>repare a course of stupointed by him for considering said petition, one of which shall be in a public place in the territory which it is proposed to be annexed or transferred, and one on the door of the school house in each district affected by the change, or if there be no school house in such district, then in some public place in such district or districts; and at the time stated in said notices he shall proceed to hear said petition, and if he deem it advisable he shall grant the same and make an order fixing the bounda- ries of the districts affected by his action, and shall certify his action to the board of county commissioners at their next regular meeting: Provided., That an appeal may be taken, as Appeal. provided for in section seven of this act. [Sec. 19 of orig- inal act.] Sec. 21. No new district formed by the subdivision of an Sc-hooi in new •' ill strict. old one shall be entitled to any share of public money belong- ing to the old district until a school has actually been taught one month in the new district, and unless within eight months from the order of the county superintendent granting such new district a school is opened, the action making a new dis- trict shall be void, and all elections or appointments of directors or clerks made in consequence of such action, and all rights and office of parties so elected or appointed shall cease and determine, and all taxes which may have been levied in such old district shall be valid and binding upon the real and personal property of new districts, and shall be col- lected and paid into the school fund of the old district. Sec. 22. rSec. 1, ch. 109, Laws 1893.1 When a new district Division of ... tunds. is formed by the division of an old one, it shall be entitled to a just share of the school moneys to the credit of the old dis- trict after payment of all outstanding debts at the time when the petition was granted establishing such new district, and the county superintendent shall divide such remaining mon- eys, and such as may afterwards be apportioned to the old district, according to the number of school children resident in each district, for which purpose he shall order a census to be taken: Provided, That the new district shall be entitled to such proportion of any special tax levied and collected for the year in which the new district is created, as the amount of such tax paid by that portion of the old district which is embraced in the new, bears to such old district. Sec. 23. No school district shall be entitled to receive any apportionment of any school inoneys unless the teachers who 20 SCHOOL LAWS OF WASHINGTON. Apportion- have becii employed in the schools of such districts held learal ment of scliool i j o funds; con- certificates of fitness for the occupation of teaching, in full ditions. r^ ~' force and effect. Any district using text-books other than those prescribed by the board of education, or any district failing to comply with the course of study prescribed by the board of education, shall forfeit twenty-five per cent, of their school fund for that year, and it is hereby made the duty of the county superintendent to deduct said amount from the ap- portionment to be made to any district failing in either or both of the above named requirements, and the amounts thus deducted shall revert to the general school funds of the county. Sec. 24. [Sec. 9, ch. 127, Laws 1891.] No school district shall be entitled to receive any apportionment of school moneys which shall not have maintained school for at least three months during the preceding year: Provided, That any Mimmuni jjg^ district formed by the division of an old one, shall be en- length of term. " ' titled to its just share of school moneys when the time that school was maintained in the old district before division, and in the new one after division, shall be equal to at least three termine^iength "^^nths: Provided further, That the legal voters of any school of time. district may, at the annual meeting or at any special meeting, determine the length of time in excess of the minimum length of time required by law that school shall be maintained. TITLE VI. BOARDS OF DIRECTORS. Election of s^c. 25. [ Scc. 2, ch. 109, Laws 1893.1 Directors of school directors. l ' ^ j districts shall be elected at the regular annual school election. At the first annual election in all new districts three directors shall be elected, for one, two and three years respectively. The ballots shall sj)ecify the term for which each is to be elected. In all districts in which elections have been previ- ously lield, one director shall be elected for the term of three years, and if any vacancies are to be filled, a suflicient num- ber to fill tliejn for the unexpired term or terms; and the bal- lots shall specify the respective term for which each director is to be elected. Directors-elect shall take office on the first Tiiki-..iiiii. .\[onday in July next succeeding their election, and shall hold uWm'X'. until their successors are elected and qualified. Any director wiio fails to qualify on or before the day aj)j)ointed for him to take office shall forfeit all rights to his ortice, and yiKiincy t,),e (;()nntv superintendent shall fill such vacancy by aj>])oint- niciit, to hold ollirc until the next annual election. SCHOOL LAWS OF WASHINGTON. 21 Sec. 20. Every board of directors, unless otherwise spe- ?."'ies of •' ' ^ directors. cially provided by law, shall have power, and it shall be their duty — First: To employ, and, for sufficient cause, discharge teachers, mechanics or laborers, and to fix, alter, allow and or- der paid their salaries and compensation. Second: To enforce ^^If ^^V^^'^'^ the rules and regulations prescribed by the superintendent of public instruction and the state board of education for the government of the schools, pupils and teachers, and to en- force the course of study prescribed by the state board of education. Third: To provide and pay for school furniture and gy°^jf ^ apparatus, and such other articles, materials and supplies as may be necessary for the use of schools. Fourth: To rent, re- pair, furnish and insure school houses. Fifth: To build or remove school houses, purchase or sell lots or other real estate, when directed by a vote of the district to do so. Sixth: To purchase personal property in the name of the district, and to receive, lease and hold for their district any real or personal property. Seventh: To suspend or expel pupils from school, suspend who refuse to obey the rules thereof, and may exclude from school all children under six years of age. Eighth: To provide books for children of indigent parents on the written state- ment of the parents of such children that they are unable to pur- chase the same. JV-hith: To require all pupils to be furnished with such books as may have been adopted by the state board of education, as a condition to membership in the schools. Tenth: To exclude from school and school librai'ies all books, Exclude cer- tain books tracts, papers and other publications of an immoral or per- f^m school. nicious tendency, or of a sectarian or partisan character. Eleventh: To authorize the school room to be used for sum- y^e of school iiouse for eer- raer and night schools, literary, scientific, religious, political, *»*" purposes, mechanical or agricultural societies, with the consent of and under such regulations as the board of directors may adopt. Ticelfth: To require teachers to conform to the provisions of the school law. Sec. 27. Any board of directors shall be liable as directors Directors Ha- •' . _ _ _ ble for debts in the name of the district for any judgment against the dis- of district, trict, for any salary due any teacher, and for any debts legally due, contracted under the provisions of this act, and they shall pay such judgment or liability out of the school funds to the credit of the district. Sec. 28. [Sec. 10, ch. 127, Laws 1891.] Any board of di- rectors shall have power to make arrangements with the directors of an adjoining district for the attendance of such 22 SCHOOL LAWS OF WASHINGTON. Non resilient pupils may at- tend school. Moneys re- ceived. By-laws of board. Meetings of board. Directors may convey projv erty. Transact all business. SiKii wiirrantH C'ftll Hpft'iul iiici-tinKH to d«-t«Triiiiic Avluit. children in the school of either district as may be best accom- modated therein, and to transfer the school money due by apportionment to such children to the district in which they may attend school: Provided, That in case such arrange- ments are not made, or children from school districts not adjoining desire to attend school in their district, they may charge reasonable tuition for such attendance: Provided fur- ther, That all moneys collected by any school district officer, for the use of the district, shall, within thirty days after the date of its collection, be turned over to the county treasurer and placed to the credit of the district. Sec. 29. Any board of directors shall have power to make such by-laws for their own government, and for the govern- ment of the common schools under their charge, as they deem expedient, not inconsistent with the provisions of this act, or the instructions of the superintendent of public instruction or the state board of education. A regular meeting of each board of directors shall be held on the last Saturday of March, June, September and December. They may, however, hold such other special or adjourned meetings as they may from time to time determine, or as may be specified in their by-laws. Sec. 30. [Sec. 11, ch. 127, Laws 1891.] The board of di- rectors of each school district shall have custody of all school property belonging to the district, and shall have power, in the name of the district or in their own names as directors of the district, to convey by deed all the interest of their dis- trict in or to any school house or lot directed to be sold by vote of the district, and all conveyances of real estate made to the district, or to the directors thereof, shall be made to the board of directors of the district and to their successors in of- fice; said board, in the name of the district, shall have power to transact all Ijusiness necessary for maintaining schools and protecting the rights of the district; and it shall be the duty of the directors of every school district to issue and sign war- rants, as such directors, for the payment of all demands au- dited and allowed against their district, and to sign, execute and acknowledge as such directors, deeds for the conveyance of all real estate sold )>y them as in this section provided. Any board of directors may, in its discretion, and shall, upon a petition of a majority of the legal voters of their district, call a Hjiccial meeting of the voters of the district, to determine the length oi time in exc(^SH of the minimum length of terra prescribed by law, lliat school sliall be maintained in the dis- SCHOOL LAWS OF WASHINGTON. 23 tvict during the school year, or to determine whether or not the district sliall purchase any school house site or sites, and the location thereof, or to determine whether or iiot the dis- trict shall build one or more school houses; or to determine whether or not the district shall sell any real or personal property belonging to the district, borrow money, or to deter- mine whether or not the district shall establish and maintain a school district library. All such special meetings shall be held at the school house if there be one, or if there be none or more than one, then at such school house or place as the board of directors may determine. At least ten days' notice of N>tice of spe- '' *' cial meetings. such special meeting shall be given by the district clerk, in the manner that notice is required to be given of the annual school election, which notice shall state the object or objects for which the meeting is to be held, and no other business shall be transacted at such meeting than such as is specified in the notice. The district clerk shall be clerk of the meeting, and the chairman of the board of directors, or in his absence the senior director present, shall be chairman of the meeting: Provided, That in the absence of one or all of said officers the qualified electors present may elect a chairman or clerk or voters may elect chairman both chairman and clerk of said meeting as occasion may re- ami clerk, quire, from among their number, and the clerk of the meeting shall make a record of the proceedings of the meeting, and when the clerk of such meeting has been elected by the quali- fied electors present, he shall within ten days thereafter file the record of the proceedings of the meeting, duly certified, Records of. with the clerk of the district, and said record shall become a part of the records of the district and be preserved as other records; and it shall be the duty of every board of directors to carry out the directions of the electors of their district as expressed at any such meeting. Sec. 3L It shall be unlawful for any director to have any Directors shall / _ _ •' have no inter- pecuniary interest, either directly or indirectly, in any erec- estinanycon- tion of school houses, or for warming, ventilating, furnishing or repairing the same, or be in any manner connected with the furnishing of supplies for the maintenance of the schools, or to receive or accept any compensation or reward for services rendered as director. Sec. 3U. [Sec. 3, ch. 109, Laws 1893.1 It shall be unlaw- ^""itofin- - L ' ' J debtedness. ful for any board of directors to contract indebtedness against their district in any one year, payable out of the general fund of said district, in any sum or sums exceeding in the aggre- 24 SCHOOL LAWS OF WASHINGTON. gate the amount apportioned to said district at the last quar- terly apportionment next following the date on which taxes become delinquent, unless said indebtedness be first authorized by a vote of the electors of said district. Appeal from gj-f. go. Any Dcrson awofrieved by any decision or order of action of di- •' ^ ^'^ *' •' rectors. ^.he board of directors may, within thirty days after the rendi- tion of such decision or making of such order, appeal there- from to the county superintendent of the proper county; the basis of such proceedings shall be an affidavit filed by the party aggrieved with the county superintendent within the time for taking the appeal. The affidavit shall set forth the errors complained of in a plain and concise manner. The Proceedings, couuty Superintendent shall, within five days after the filing of such affidavit in his office, notify the clerk of the proper district, in writing, of the taking of such appeal, and the lat- ter shall, within ten days after being thus notified, file in the office of the county superintendent a complete transcript of the record and proceeding relating to the decision complained of, which shall be certified to be correct by the clerk of the district. After tlie filing of the transcript aforesaid in the office, he shall notify, in writing, all persons interested, of the time and place where the matter of the appeal will be heard by him. At the time thus fixed for hearing he shall hear testimony of either party, and for that purpose may adminis- ter oaths if necessary, and he shall make such decision as may be just and equital)le, which shall be final unless appealed from, as provided for in this act. TITI.K VII. DISTRICT CI.KRKS. Time of eieo- Sec. 3.3. I Sec. 4, ch. 109, Laws 1893. 1 A district clerk shall tion and term i ' ^ of oiticeof !,(, elected in esu-h district at each annual election, to hold of- clerk. fice for one year, beginning on the first Monday in August next succeeding his election, and until his successor is elected and <|ua]iHed. In case of the death, removal or resignation of the i in this act, on or hcfoic the day appointed for him to take office, shall forfeit all rights to his office, and the county superintendent shall lill the office by appointment, to hold till the next annual election. i">i'<-'<"f Si:( . ;;4. I Sec. I'J, ch. 127, Laws lH91,and sec. .5, ch. 109, c'li-rk. ' Laws 1893. I The duties of the district clerk shall be as fol- lows: 7''irsf : 'i'o .ittiiiid all meetings of the board of directors; SCHOOL LAWS OF WASHINGTON. 25 but if be shall not be present the board of directors shall se- lect one of their number to act as clerk, who shall certify the proceedings of the meeting to the clerk of the district, to be recorded by him. He shall keep his records in a book, to be Ketonis. furnished by the board of directors, and he shall preserve copies of all reports made to the county superintendent, and safely preserve and keep all books and documents belonging to his office, and shall turn the same over to his successor. Seco7ul: To keep accurate and detailed accounts of all re- ceipts and expenditures of school money. At each annual school meeting the district clerk must present his record book for public inspection, and shall make a statement of the financial condition of the district and of the action of the direc- tors, and such record must always be open for public insjDection. Third: To take, annually, in June of each year, an exact Take census, census of all children and youth between the ages of five and twenty-one years who were bona fide residents of the district on the first day of June of that year; and he shall designate the number of weeks each child between the ages of six and Noteattend- ^ ance at schools. twenty-one years has attended school during the school year; the names and sex of all children subject to enumeration, to- gether with the names of their parents or guardians: Pro- vided, That Indian children not living under the guardianship Exclude in- <^ '^ i- dians and of white persons, or who have not severed their tribal relations, Chinese. or Mongolian cliildren not native born, shall not be included in said census. He shall note all defective youth between the Note defective •^ youth. ages of live and twenty-one years; and he shall, on or before the fifteenth day of July, make to the county superintendent a full and complete report of all children enumerated, together Report shall ■^ _ _ _ ' o contain, what. with a complete statistical report of the affairs of his district, which report shall be verified by affidavit. Said report shall be made upon blanks to be furnished by the superintendent of public instruction, and shall contain such items of infor- mation as said superintendent shall require, including the fol- lowing: The names of all persons, male and female, between Names of " ^ children, resi- the ages of five and twenty-one years, residing in the district f'ence. on the first day of June last past, together with the number of weeks each has attended school during the last school year; the names and residences of the parents or guardians of all such children; the number of schools or departments taught during the year, and the branches taught; the number of children, male and female, enrolled in school, and the average Enrollment, daily attendance; the number of teachers employed, and their 26 SCHOOL LAWS OF WASHINGTON. Teachers, wages of. Receipts and disbursements Expenses, clerk keep ac- count of. Give notice of meetings. Report com- mencement of sfliool to county su- perintendent. f'onipcnj^alion of clerk, not ]iayalil<' until all reports are made. compensation per month; the number of days school was taught during the past school year, and by whom; the text- books used, and the number of volumes, if any, in the school district library; the aggregate amount paid teachers during the year; the number of school houses in the district, and the value of them; the aggregate value of all school furniture and apparatus belonging to the district; the amount raised by special tax during the year, for the support of schools, and for buildings, sites and furniture; the amount raised by sub- scription or by other means than taxation; the amount of bonded indebtedness of the district, and the rate of interest paid; the amount of all other indebtedness, and such other items as the superintendent of public instruction may deem of importance, and as may be provided for in the blanks fur- nished for said report, and the clerk shall keep on file a dupli- cate copy of said report. Fourth: To keep an accurate account of all the expenses incurred by him in his district in keeping the school house in repair, in providing for necessary janitor work, and in providing school supplies, and for other expenses incurred by him on account of the school, which ac- counts must be audited by the board of directors and paid out of the district school fund. Fiftli: To give the required notice of all annual or special elections; also, to give notice of the regular and special meetings of the board of directors as herein authorized. Sixth: To report to the county super- intendent at the beginning of each term of school, the name of the teacher and the proposed length of the term, and to supply the teacher with the school register furnished by the suj)erintendent of public instruction. Seventh: To issue and countersign all warrants ordered to be issued by the board of directors, Skc. .35. [Sec. 1.!, ell. 127, Laws 1891.] The district clerk shall receive three dollars per day for the time actually and necessarily spent in taking the census and making his report, and he sliall receive such other reasonable compensation foi- other services as the directors shall allow, said accounts to be audited and paid by the directors out of the funds of the dis- trict: Provided, 'J'liat no account lor services rendered by any district clerk shall be audited or allowed by any board of directors, or any warrant issued for the payment of any such atu-ounts, until he sh:ill li.ivc lilcil with the board of directors a certifi(tate of the (bounty superintendent of his county that all reports retpiired by law have been properly made; and it SCHOOL LAWS OF WASHINGTON. 27 shall be the duty of the coiintv superintendent to make out ('"""ty supcr- and transmit to the clerks of such districts as have made all muskcertify tiiat reports reports as required by law, on or before the last Saturday of l»a^^ebeen the months of February, May, August and December of each year, the certificates required by this section. Sec. 36. In case the district clerk fails to make the reports J'?"'^^*^ ^^^ '■ failure to herein provided, at the proper time, he shall forfeit and pay >eport. to the district the sum of twenty-five dollars for each and every such failure. He shall also be liable if, through such neglect, the district fails to receive its just apportionment of school moneys, for the full amount so lost, to be recovered in a suit brought by any citizen of such district, in the name of and for the benefit of such district. TITLE VIII. — TEACHERS. Sec. 37. [Sec. 14, ch. 12'7, Laws 1891.1 No person shall be whoarequai- L ' ' -I '^ ihed teachers. accounted as a qualified teacher, within the meaning of the school law, who has not first appeared before the board of examiners of the county in which he proposes to teach, and received a certificate setting forth his qualifications; or has not a state certificate or a life diploma from the state board of education, or a temporary certificate granted by the county superintendent. Sec. 38. [Sec. 15, ch. 12 V, Laws 1891.1 Every teacher em- Report at time L ' ' J J of making ployed in any common school shall make a report to the county contract. superintendent at the time of the contract to teach such school, the number of the district in which he is to teach, the grade of his certificate, date it expires, and the proposed length of term, and at the close of any school to report to the county superintendent on the blanks prescribed by the superintendent of public instruction. Any teacher who shall be teaching at the close of the school year, or who shall teach the last term of any school year in any school district, shall make a report Report at close *'•'•' ' ^ oi term or to the county superintendent immediately upon the close of y^^^- such school year or term, for the entire time taught in said school district since the beginning of the school year. Copies of all reports made by teachers shall be furnished to the clerk of the district, to be by him filed in his office. No board of directors shall draw any order or warrant for the salary of any teacher for the last month of his service until the reports herein required shall have been made and received: PwvidecL citysuperin- ^ ' tcnaent or That in all schools acting under the direction of a city super- principal may => J tr rei)ort in lieii intendent, the report of such superintendent shall be accepted of teachers. 28 SCHOOL LAWS OF WASHINGTON. Teachers' register. Final report. by the county superintendent and the directors in lieu of the teachers' report; and that when there is no city superintend- ent, the report of the principal shall be accepted in lieu of the teachers' report. Sec. 39. Every teacher shall keep a school register in the manner provided for, and no board of directors shall draw any warrant for the salary of any teacher for the last month of his service in the school, at the end of any term or year, until they shall have received a certificate from the district clerk that the said register has been properly kept, the sum- maries made and the statistics entered, or until, by personal examination, they shall have satisfied themselves that it has been done. Teachers shall faithfully enforce in the school the course of study and regulations prescribed, and if any teacher shall willfully refuse or neglect to comply with such regulations, then the board of directors shall be authorized to withhold any warrant for salaries due until such teacher shall of"in'pio^v-*^°''^ comply therewith. No teacher shall be employed except by "®"*- written order of a majority of directors, at a regular or special meeting thereof, nor unless the holder of a legal teacher's cer- tificate in full force and effect. Sec. 40. In every contract between any teacher and board of directors^ a school month shall be construed to be twenty school days, or four weeks of five days each, and no teacher shall be required to teach school on Saturdays or any legal* holiday, and no deduction from the teacher's time or salary shall be made by reason of the fact that a school day happens to be one of the days referred to in this section as a day on which school shall not be taught. Si'X;. 41. Every teacher shall have power to hold every pupil to a strict accountability in school for any disorderly conduct on the way to or from school, or on the grounds of the school, or during the intermission or recess; to suspend from school any pupil for good cause: Provided, That such .suHpeiisioii sjiiill be reported to the directors as soon as prac- ticable for tlieir decision. I.uuIutXtiii'n.' ^'-''- '^-- It ^''''^" '•« '•'<' ''"'y *»'' '^" teachers to endeavor to impress on the minds of tlicir pii|)ils (lie principles ol moral- ity, truth, justice, Icmpciancc and jiatriotism; to teach them School month. Holidays. Tcadicr miiy Bufpciid pupi *'rh<- U-Kal holiihiyH arc Siinrlay, Ni-w Year's Day, WashiiiKloii's Hirth(hiy, Dec- oration Kay, Fourth of .Inly, Labor Day, C'hrintmas Day, any day on whicli a sicn- NS. Skc. r,4. I Sec. IH, ch. I'J7, Laws IKUI, and sec. C, ch. 100, Laws lH■ iticorpo TITLE XIV. (iRADED SCHOOLS IN INCORPORATED CITIES ANI> TOWNS. Si:(^ 04. [Sec, 22, ch. 127, Laws 1891.] p]ach incorporated city or town in the state shall be com[)risod in one school dis- trict, ami shall l)e untysupe>- L ' ' J intendent. such city or town districts wherein two or more schools are maintained shall elect one city or town school superintendent, who may be a teacher in the schools of such district, and such city or town school superintendent shall have general super- vision over the schools of his district, subject to the concur- rence of the board of directors: and it shall be the duty of ^^p''''^'^"''": ' •' perintendent the principal or city school superintendent to report to the s4,^"t^o,^ '"" superintendent of public instruction such facts relative to the grading, course of study, enrollment, attendance and other matters pertaining to such schools as he may require, on blanks furnished for that purpose. Skc. 06. [Sec. 24, ch. 12", Laws 1891.] When two or more Jj^^'"fj,9tof *" school districts are united by the provisions of this act, or "m^^ed. where two or more districts are united by the uniting of two or more incorporated cities or towns, as provided by law, all the directors of the several districts so united shall constitute the board of directors of the new district so formed, and shall have all the powers and authority conferred by the laws of this state upon school district officers until the next annual school election in said district, at which time there shall be elected three directors and one clerk for said district, in the manner provided by law, who shall hold their respective offices as provided for the officers of new districts; and the county Duties of ^ _ _ . . county super- superintendent of any county in which new districts are intendent ^ _ •' •' _ wlien districts formed by the uniting of two or more cities or towns, or by are united. the incorporating of any city or town lying partly in two or more school districts, shall, upon being notified of such action by the clerk or by the board of directors of such new district, proceed to designate such new district by number and to make a record of the boundaries thereof, and he shall certify such 38 SCHOOL LAWS OF WASHINGTON. Funds and other property of united dis- tricts. Directors must meet and or- ganize within thirty days. Clerk must report. facts to the board of county commissioners, the county treas- urer and the clerk of the new district thus formed. Sec. eV. [Sec. 25, ch. 127, Laws 189L] All school districts formed by the uniting of two or more city or town districts, as provided for in this act, shall be entitled to the funds and other public property of the several school districts so united, and the county superintendent shall apportion all funds to the new district in accordance with this provision and shall cer- tify such apportionment to the county treasurer. Sec. 68. [Sec. 26, ch. 127, Laws 1891.] Whenever two or more school districts shall be united by the provisions of this act, the boards of directors of the several districts so united shall, within thirty days thereafter, meet and organize the new board by the election of one of their number president of the board. They shall also elect a clerk for said district, and the clerks of the several districts so united shall deliver to said clerk all books, papers and records belonging to their respec- tive offices. The clerk of the new district thus formed shall immediately notify the county superintendent of the organi- zation of the new district. TITLE XV. SCHOOL OFFICEKS. Oath of scliool officers. School officers gj.^ gg When auv school officcr is superseded, by election must turn over J 1 ' j all property to qj. otherwise, he shall immediately deliver to his successor in successor. ' J office all books, papers and moneys pertaining to his office, and every officer who shall refuse to do so, or who shall willfully mutilate or destroy any such books or papers, or any part thereof, or who shall misapply moneys entrusted to him by virtue of liis office, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a tine not to exceed one hundred dollars. Sec. 70. Every ))erson elected or appointed to any office mentioned in this act shall, before entering upon the discharge-, of the duties thereof, take an oath or affirmation to support the (ronstitution of tlie United States and the State of Washing- ton, and to promote the interest of education, and faithfully discharge the duties of his office according to the best of his ability. In case any offi<'cr has a written ap|t()iiilinent or com- mis.sion, liis oatli or allirmatioii shall be endorsed thereon and Hworii to before any olVuier niilliorized to administer oaths. •■H Sclujol ollicerH arc lior(!by authorized to administer all oaths or affirniatioiiH appertaining to their respective offices with- out charge or fee. HrliMol f>m ■ luiy iidniiiiiH- tcr oiitliM SCHOOL LAWS OF WASHINGTON. 39 Sec. 70^. [Sec. 7, ch. 109, Laws 1893.] Every school dis- ^^^t';^rf;Y,au" trict director or clerk shall, on assuming the duties of his of- flie signature, fice, place his signature, certified to by some school district officer, on file in the office of the county treasurer; and it shall be unlawful for any county treasurer to pay or register any school district warrant if the signatures thereon are not on file in his office or do not correspond to the certified signatures therein filed. TITLE XVI. COUNTY TREASURER. Sec. 71. [Sec. 27, ch. 127, Laws 1891, and sec. 8, ch. 109, Laws 1893.] The county treasurers of the several counties of this state shall be ex officio treasurers of the several school districts of their respective counties, and it shall be the duty of each county treasurer — First: To receive and hold all To^^^cehe and moneys belonging to such school districts, and to pay them *^''""' '"°"*^y- out upon warrants or orders of the boards of directors or boards of education of the districts to which they be- long. Second: To certify to the county superintendent of ^^te to^'county common schools of his county, within twenty days after the |",'t fj^arteriy. day on which taxes become delinquent each year, and quar- terly thereafter, the amount of all school moneys in his possession subject to apportionment, which cei'titicate shall specify the source or sources from which said moneys were derived. Third: To make annually, on or before ^J"^J',o'^ *^pg^_ the fifteenth day of July, a report to the county superin- j"|.^JJy^"4at." tendent of his county, which report shall show the amount of school funds on hand at the beginning of the school year last past, belonging to each school district; the amount of funds placed to the credit of each school district during the school year ending June 30, last past, and the sources from which said funds were derived; the amount of funds disbursed upon orders or warrants of each school dis- trict during the year, and for what purpose they were paid out; the amount of funds remaining in his possession at the close of the school year, subject to be paid out upon warrants of school district officers, and the fund to which said moneys belong; also the amount of all unpaid warrants or bonds ap- pearing upon his register at the close of the school year: Provided, That if, at the time of making such annual report, the treasurer shall find that the money accruing to the credit of any school district by reason of the quarterly apportionments of the county superintendent shall exceed the amount appor- tioned to such district at the last quarterly apportionment next 40 SCHOOL LAWS OF WASHINGTON. Register all warrants. Enciorsenicnt of waiTiints. Advertise warrants. Must 1h- held. Mav )»■ li<-lCI1M<><. mIiiiII not •' «<-«tl V2(M), following the date on which taxes become delinquent, then the treasurer shall restore such excess to the general school fund of the county to be reapportioned, and shall designate in his report the amount so restored. Fourth: He shall keep a register of all school district warrants presented to him for payment, which register shall show the number of the war- rant, the date of issue and the day on which it was registered, the amount, and the purpose for which it was issued, to whom issued and to whom paid, and the amount of interest, if any, accruing on said warrant before payment. Whenever any school district warrant shall be presented to the county treas- urer for payment, if properly signed, he shall pay the same out of the proper fund of the district upon which it is issued, if there be funds in his possession for that purpose; but if there be no funds in his possession for that purpose, he shall endorse upon the back of said warrant the words "Presented and not paid for want of funds," together with the date of said endorsement, and thereafter said warrant shall draw inter- est at the same rate as county warrants, until there shall be sufficient funds for its j^ayment; and it is hereby made the duty of the county treasurer to advertise, quarterly, all war- rants which he is prepared to pay, in the same manner in which he is required to advertise county warrants, and after the date fixed in said notice said warrants shall cease to draw interest. TITI.K XVII. — teachers' INSTITUTE. Sec. 72. Whenever the number of school districts in any county is twenty-five or more, the county superintendent must hold a teachers' institute each year, and every teacher em- ployed in a common school in the county must attend such institute during its whole time. Sec. 73. In any county where there are less than twenty- five scliool districts, the county su})erintendent niay, in his discretion, hold an institute. Sec. 74. I^^ach session of the institute must continue not less than tlirce days. Sec. 7.5. W'licn the institute is held during tlie time the t(;a('lH;i's are eriipK>yed in teaching, their pay shall not be diminislied l)y reason of tluiir attendance when certified to by the county superintendent. Ski . 7(1. The county superintendent must keej) an accurate account of the ac^tual expenses of the institute, with vouchers for the same, ami j)res('nt the bill to the county (commission- SCHOOL LAWS OF WASHINGTON. 41 ers, who sliall allow the same: Provided, That such amount shall not exceed the sum of two hundred dollars for any year. Sec. V?. Any teacher failing to attend the institute in the |:jf/J^^;\'g*; "*" county in which he holds a certificate to teach, unless on ac- count of sickness, or for other good and sufficient reasons, shall be deemed to have forfeited his certificate. MISCELLANEOUS. Sec. 78. Whenever the word he or his occurs in this act, ^'/^^","i""^„\'f referring to either the members of the board of education, stmcd. county superintendents, city superintendents, teachers, or other school officers, it shall be understood to mean also she or her. Sec. 79. Any series of text books adopted by the board of Textbooks, education shall remain in use not less than five years. Sec. 80. All school districts in this state shall maintain fJi,^thof\erm. school during at least three months each year. All graded school districts in incorporated cities and towns shall main- tain school at least six months each school year, and no district which has been organized more than one year shall receive any portion of the school funds which has not, during the preceding school year, complied with the provisions of this section. Sec. 81. All parents, guardians and other persons in this ^t"^\\oo\"^® state having, or who may hereafter have, immediate custody compulsory, of any child or children between the ages of eight and fifteen years, shall send the same to school at least three months in each year said child or children may remain under their supervision. Sec. 82. Any person mentioned in the preceding sections ^f,"f,.g-^J'^enf, who shall fail or refuse to comply with the provisions of said ^^j^^'j^ " **^ sections shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sura not less than ten (10) dollars or more than twenty-five (25) dollars, and the fine so collected shall be paid into the school fund of the district. Sec. 83. District clerks shall report to the superior judge Report of clerk i i "I ^ to superior before the first day of December of each year the name and .i"c'ge. residence of every orphan child that failed to attend school, and the superior judge shall have power to remove such child and place it in the care of some other person who will be likely to send such child to school. Sec. 84. Nothing in this act shall be construed to invalidate 42 SCHOOL LAWS OF WASHINGTON. Contracts made and certificates granted un- der territorial laws valid. Specialists need not pass examination. Penalty for abuse of teacher. Penalty for disturbing scbool or school nieet- inK- County audi- tor must re- port to super- intendent jjub- lie instruction, what. Kincs mid for- fciturcM, how foll«clcd,hut if there be more than one voting ]jlace, then the board of education shall receive the re- turns at the time and place it shall direct, and shall, within five (5) days from said election, meet as a canvassing board, and in the ])resence of any duly (|iialified justice of the peace in and for said county, canvass the returns and ascertain the result. The result of said election shall be certified by the Kicotion hoard l,(,;iiil of election to llic county scliool sui»erintendent, who mtiHt certify . _ *' . ' . rcmiit. shall preserve said eortilicatc, entering u])()n his records the receij)t of said certiticate and the names of the person or per- sons elected as iiieiiilxTS of siicli boaid of education for said district, togetlier with the term for which elected. pcfHoiiH i)car before duyg. J J II SCHOOL LAWS OF WASHINGTON. 47 some officer authorized to administer oaths, take and sub- scribe the usual oath of office, and deliver the same to the county superintendent of schools. In case any person elected vacancy, shall fail so to do, his election shall be void, and the vacancy occasioned thereby shall be filled by the board as hereinafter provided. Sec. 1 . The members of each board of education, at their organization of board of first regular meeting succeeding the election each year, shall education, also elect a president and vice president from their number, who shall serve for a term of one year, or until their succes- sors are elected. They shall elect annually a secretary, at such salary as they, the board, may deem lust. Said secretary secietai •>• not •' J ' ' . J ^ J .^ member of. shall not be a member of the board of education, and may be removed by the board at any time. Sec. 8. The election of the officers of the board of educa- Kiection of city superin- tion, the city superintendent, the secretary, teachers and jani- tendent, etc. tors, shall be by viva voce vote upon a call of the roll of all the members, and no person shall be declared elected except he receive a majority vote of all the members of the board. Sec. 9. It shall be the duty of the president to preside at Duties of president. all meetmgs of the board, and to perform such other duties as the board may prescribe. Sec. 10. It shall be the duty of the vice president to per- Duties of vice president. form all the duties of the president in case of his absence or disability. Sec. 11. It shall be the duty of the secretary to be present Duties of . secretary. at all the meetmgs of the board, to keep an accui'ate journal of the proceedings, to take charge of its books and docu- ments, to countersign all warrants for school moneys drawn upon the county treasurer by order of the board; he may be authorized by the board of education to purchase needed sup- plies for the schools, and also shall act as superintendent of buildings, and shall be charged with the special care of the school buildings of the district; he shall also perform such other duties as the board may direct. Sec. 12. Before entering upon the discharge of his duties, secretary must ® ^ =■ ' give bond. the secretary of the board shall give bonds in such sum as the board of education may fix from time to time, but not less than five thousand dollars ($5,000), with good and sufficient sureties, and shall take and subscribe an oath or affirmation, before a proper officer, that he will support the constitution of Washington, and faithfully perform the duties of his office. He shall, from time to time, as he may be required by the County treas- urer shall be ex ofHoio treas urer of district 48 SCHOOL LAWS OF WASHINGTON. Must report board, make a complete and detailed record of his transcations to board. '■ as purchasing agent of the board and as superintendent of buildings, which shall be combined with his annual report, to be published in the manner determined by the board. Meetings gj;^. 1-3. The regular meetings of the board of education of board. =" ° shall be held monthly at such a time as the by-laws of the board may prescribe, but special meetings may be held from time to time as circumstances may demand, at the call of the board, or on petition of a majority of the members thereof, and all meetings shall be open to the public unless otherwise specially ordered. Office. Sec. 14. The board of education shall maintain an office Avhere all regular meetings shall be held, and all records, vouchers and other important papers belonging to the board may be preserved, and at all times ready for inspection of resi- dent taxpayers. Sec. 15. The county treasurer shall be the e:c officio treasurer of the board of education; he shall prepare and submit to the secretary, in writing, on the first day of March, May, August and November of each year, a report of the state of the finances, and shall pay school moneys placed to the credit of the district only upon warrants signed by the president or by a majority of the board of education and countersigned by the secretary. yacancie.K gj.(^,_ jg 'pjjg board of directors shall have the power to 111 board. ^ fill any vacancy which may occur in its body, but such ap- ])ointment to fill vacancy shall be valid only until the next regular district election, and the ballots and returns shall be designated as follows: "To fill unexpired term." •iiK.runi. Sec. 17. a majority of all members of the board of educa- tion shall constitute a quorum, but a less number in attendance at any regular meeting shall have, and a quorum at any special meeting may have, power to compel the attendance of absent meml)ers, in such manner and under such penalties as the board Korfeitiirc ,Qay gee fit to prescribe; and the absence of any member from i>f oflicc. J I ' ^ four consecutive regular meetings of the board, unless on ac- count of sickness, or V)y resolution of the board, shall vacate liis |)OHitioii ill tlu; board, which facts shall be passed on by llif Itoaid of (Miiicatiou and spread upon their records. \u.iiiinK<<,ii.- Si.i . |s. All accounts shall be audited and aj)proved l)y a coiMiiiitlee, to l)e Htyleupplifh to provide free vaccination for all who are unable to pay for the same. Tenth: To make, as soon as possible after the close of the school year, an annual printed report to the taxpayers of the district, showing in detail the receipts and disburse- ments of the school funds. Sec. 20. The board of education shall annually cause to be taken an enumeration of all persons between the ages of five and twenty-one years residing in the district, and shall report the same, together with such information as required by the general school laws of Washington, to the county superin- tendent of schools, at the time and in the manner specified by law for like returns in other districts. The census thall be taken by the secretary and such census marshals as he shall select, subject to approval of the board or its proper commit- tee. The census marshals shall receive such compensation as the board may deem just. Each census marshal shall verify by oath the correctness of his report in the same manner as by law required of the district clerk. Sec. 21. It shall be unlawful for any member of the board of education, or any of its oflicers, to have any pecuniary in- terest, either directly or indirectly, in any contract for the erection of school houses, or for warming, ventilating, fur- nishing or repairing the same, or be in any manner connected with the furnishing of supplies for the maintenance of the schools, or to receive or accept any compensation for services performed in discharging the duties of his oftice, except as provided in sections 24 and 29 of this act. Skc. 22. No school property of any kind shall be sold by the board of education without the consent of the district be first obtained, except it be ])ersonal property, the value of which shall not exceed five hundred dollars (1500). Skc. 2:5. In all districts contemplated by this act, when, in the opinion of the board, the cost of any lot of furniture, stationery, ap|taratus, fuel, buildings or improvements, or re- pairs to the siinie, will ecjual or exceed the sum of five hun- dred dollars (*r)00), it shall be the duty of the board to give duo notice l)y pulilication in at least one daily newspaper piiblislu'd within the said city, and il" there be no daily, then in oim; or more weekly j):ipers in three (•{) regular consecutive isHUCK, of t 111' intent ion lo n-ccMve bids for such lot of rurniture, stationery, lucl and other HU|tplies, or lor saitl iniprovements SCHOOL LAWS OF WASHINGTON. 51 and repairs. The board shall determine the specifications for such bids, which shall be public. Sec. 24. In all districts contemplated by this act there may ^^"fg^^'^^^^^''" be a board of examination, which shall consist of the city su- perintendent of schools, as ex officio chairman, and four (4) other members, two of whom shall be members of the board of education, and the other two experienced teachers elected by the board of education for a term of one year. Sec. 25. Public examinations for teachers shall be held at J^^^^^^^l^^' such times and places as the examining board may determine, and a certified record of the proceedings shall be made to the board of education. Sec. 26. Each board of examination has the power, and it shall be the duty of such board — First: To adopt rules and regulations not inconsistent with the general school law of this state, subject to the approval of the state board of ed- ucation, for its own government and for the examination of teachers. Second: To examine applicants, and to prescribe standards of proficiency which shall entitle the person exam- ined to a certificate, and to grant city certificates of four grades: (1) High school certificates, valid for six years, and [?'*y^®''' authorizing the holder to teach in any public school in the city; grades of. (2) grammar school certificates, valid for five years, and au- thorizing the holder to teach any primary or grammar school in such city, (3) primary school certificates, valid for five years, and authorizing the holder to teach in any primary school in such city: Provided, That a second class grammar school or primary certificate may, at the discretion of the board of examiners, be issued for two years, but no applicant shall receive a second-class certificate a second time; (4) spe cial city certificates, valid for five years, may be issued to ap- plicants to teach such special branches as may be authorized by the board of education of such city. Sec. 27. The board of examiners may also, without exam- Certificates •' ' maybegn^anted ination, ffrant city certificates and fix the grade thereof to "ithoutex- ' " •' ~ amination. holders of state and life diplomas or certificates, and city cer- tificates issued by other cities in Washington; and may also, without examination, renew, and for immoral or unprofes- Certificates ' ' ^ may be re- sional conduct, profanity, intemperance or evident unfitness voked. for teaching, gross negligence of duty or incompetency, revoke any certificate previously granted in such city. Such board Permits. may also issue a permit to such teachers as may not have the 52 SCHOOL LAWS OF WASHINGTON. opportunity to pass the regular examination, but such permit shall be valid not to exceed six (6) months, and shall not in any case be renewed or extended. Sec. 28. The city certificates issued in accordance with this act shall be valid only in the district in and for which the ^•isibiiitj- of same were granted: Provided^ That no city certificate shall candidates for ° •' citycertifl- \^q granted to any person who is not the holder of a county cates. o ./ 1 J certificate in full force and effect, granted in the county in which such city is located, or the holder of a life diploma oi state certificate, issued by the board of education of this state; and no teacher shall be employed in such city schools who does not hold a valid county or state certificate in full force and effect. Compensation gj.^.^ 29. The members of the board of examiners shall re- of examiners. ceive such compensation as may be allowed them by the board of education, payable out of the funds of the district. Tax levy. Sec. 30. The board of education shall annually, at a meet- ing next preceding the annual tax levy for state and county purposes, report to the county commissioners an estimate of the amount of funds required for the support of the schools, for the purchase of school sites, the erection and furnishing of school buildings, the payment of interest upon all bonds issued for school purposes, and the creation of a sinking fund for the payment of such indebtedness, if any, and the county commissioners are liereby authorized and required to levy and collect said amount the same as other taxes: Provided, hovy ever. That in case the purchase of school sites and erection of buildings shall require an expenditure exceeding twenty-five thousand dollars (^-25,000) for any one calendar year, the question shall be submitted to a vote of the electors of the district, at the time and places the board of education may a))j>oint; the board of education shall, previous to such elec- tion, designate in at least one daily pa]»er j)ublished in the district, if there V)e one, if not, then in such weekly papers as may be selected by the board, the place or i)laces where such an election shall be held, the locality of the site or sites re- quired, and the |)ro|)Osed cost of the buildings to be erected ihereon. Miixiniinii Skc. o 1 . The aLrtrrcLTat (^ school tax sliall in no one year ex- ceein;cU)rH«hiiii |^,.-(j ;} Wlicn autliori/.cd :iii(l cinnowered to issue bonds as certify to ' county (reuM- provided ill sections oik; and two of this act, the board of dire(ttorH Hhall, within thirty days afterdate of election, certify tlie result to tlu- county treasnrer, who shall immediately pub- lish noti(M' of the sale of such bonds in at least one weekly n<^WHpape"<>i>iii>ation of Ijonds. less than one hundred nor more than one thousand dollars (|1,000), and shall contain upon their face the date of issue, the series of issue, rate of interest, where payable, time to run, option, if any, of districts to redeem, and the statement that said bond is issued under the provisions of this act, printed or lithographed in the form of words used in the title of this act, and that the whole indebtedness of said district does not exceed the constitutional limit. Each bond so issued must be Bonds must be registered. registered by the county treasurer in a book to be kept for that purpose, which must show the number, and such data as is necessary to secure a complete record of such bond, series, and amount of each bond, the person to whom the same is issued, name of the district issuing, together with names of directors signing the same; and the said bond shall be endorsed by the treasurer, with his name and a full statement of the name of the person to whom and when issued, together with the number and series of said bond. Sec. 4. At the time named in said notice it shall be the duty Meeting to ex- •' amine bids for of the board of directors to meet with the county treasurer at ''""f's- his office, and with him open said bids and sell said bonds to the person or persons making the most advantageous offer: Provided. The bonds shall never be sold below par, and the Bomismust ' i ' not be sold at board of directors may reject any and all bids, and within ten less than par. (10) days proceed to readvertise the sale of such bonds. Upon the sale of bonds the board of directors shall, within ten (10) days, or as soon thereafter as practicable, deliver the bonds, properly executed, to the county treasurer, taking his receipt therefor. The county treasurer shall, upon payment of the price agreed upon, deliver the same to the person or persons to whom sold, and place the moneys arising from such sale to the credit of the special school fund of the said district. Fees for advertising to be deducted from proceeds. Fees for ad- ~ i: vertising. Sec. 5. The school directors of said district must ascertain and levy annually the tax necessary to pay the interest upon Bond tax levy, such bonds as it becomes due, and at the expiration of one- half of the time for which said bonds are to run, and annually 50 SCHOOL LAWS OF WASHINGTON. Payment of bonds and interest. thereafter until full payment of said bonds is made, they may, if deemed advisable, levy, in addition to the tax required to pay the interest, such amount for sinking fund to meet the payment of said bonds at maturity, to be determined by divid- ing the amount of bonds outstanding by the remaining num- ber of years to run, and the fund arising from such levy shall be kept as the bond redemptio)i fund of said district, and each of said tax levies shall be a lien upon the property in said district, and must be collected in the same manner as taxes for other school purposes: Pronded, That in case, at the maturity of any such bonds, the school directors at [of] any school district issuing same shall have failed or refused to Connty treas- levv the tax to pav the same, it shall be the duty of the county urcr to levy •' ' " '' _" tax in certain treasurer to ascertain the amount necessary to pay the said cases. -^ ^ '' . bonds, and [ be] shall levy a tax equal to said sum so ascertained, and extend the same upon the tax roll of said county, and col- lect the same in time to pay such bonds at maturity. Sec. 6. The county treasurer must pay out of any moneys belonging to the school district the interest upon any bonds issued under this act by such school district, when the same becomes due, and at such place as designated in such coupon, or upon the presentation at his office of the same, which must show the amount due and the number and series of the bond to which it l)elongs, and all coupons so paid must be immedi- ately reported to the school directors. Sec. 7. The school directors of any district must cause to l>e ])riiited or lithographed, at the lowest rates, suitable bonds with coupons attached, when the same become necessary, and pay therefor out of any moneys in the county treasury to the credit of the school district. SKr. s. Whenever any school district in this state shall have heretofore, under any of the acts of the territorial legislature now in force, issued any bonds for the ])urchase of any school house site, or llic huildiugof any school house, or the furnish- ing of the same, and the amount of the said l>onds so issued and negotiated shall not exceed the sum of five ( .") ) per centum of th(^ taxable property of the said school district, it shall be lawful for the said scliool district to issue and exchange its bonds at a lale of interest not greater than that borne by the original issue of bonds, [inr lor |iai-, without :uiy further vote of the school district than tliiit heretofore had or recpiired by existing law at the time of their issue, and said bonds shall in Printing of Mond.s. Ki-fiiiiilini^ of hond». SCHOOL LAWS OF WASHINGTON. 57 all respects conform to and be governed by the other provi- sions of this act: Provided, That in cities of ten thousand ^^fA'"''*"^,'" ' cities ot 10,(XX> population or more, whenever any bonds issued under the 9T";'"*' '"i'"'^- r r ' J itaiits. provisions of this act shall reach maturity and shall remain unpaid, the board of directors thereof shall have the power to fund the same by issuing coupon bonds conformable to the requirements of this act, and exchanging the same, par for par, for the outstanding bonds as aforesaid, without any fur- ther vote of the school district: Provided furtJier, That such bonds shall be issued in denominations of not less than one hundred dollars nor more than one thousand dollars, shall be redeemable within twenty years from date of issue, and shall J'lterest on re- •' • ' funding bonds. ■draw a rate of interest not to exceed six (6) per centum per annum. Sec. 9. Every holder of any of the bonds so issued as pro- Hoiderof •' •' 1 bonds to notify vided in this act shall, within ten ( 10) davs after he shall be- ^■onnty treas- * ' V / J iirer. come the owner or holder thereof, notify the county treasurer of the county in which such bonds are issued of his ownership, together with his full name and postoffice address, and the county treasurer of said county shall, in addition to the pub- lished notice herein provided for, deposit in the postoffice, ^enrtionof" properly stamped and addressed to each owner or holder of ^°"'^'^- any such bonds subject to redemption or payment, a notice in like foi'm, stating the time and place of the redemption of such bonds and the number of the bonds to be redeemed, and in case any owners of bonds shall fail to notify the treasurer of their ownership as aforesaid, then a notice mailed to the last holder of such bonds shall be deemed sufficient, and any and all such notices so mailed as aforesaid shall be deemed to be personal notice to the holders of such bonds, and, at the ex- piration of the time therein named, shall have the force to suspend the interest upon any such bonds. Sec. 10. That any time after the issuance of such bonds, and Payment of *' ' costs in issu- in the discharge of the duties imposed upon said county treas- ing'^nds. iirer, should any incidental expense, costs or charges arise, the said county treasurer shall present his claim for the same to the board of directors of the school district issuing such bonds, and the same shall be audited and paid in the same manner as other services are paid under the provisions of law. Sec. 11. Whenever the amount of any sinking fund created under the provisions of this act shall equal the amount, prin- cipal and interest, of any bond then due, or subject under the 68 SCHOOL LAWS OF WASHINGTON. County treas- urer shall give notice of re- demption of bonds. Cancellation of bonds. Emergency. pleasure or option of said school district to be paid or redeemed, it shall be the duty of the county treasurer of the county in which the school district issuing such bonds is located, to publish a notice in the official newspaper of the county, if such a one there be, and if not, then in any newspaper of general circulation, that the said county treasurer will, within thirty (30) days from the date of such notice, redeem and pay any such bond then redeemable or payable, giving priority according to the date of issue numerically, and upon the pre- sentation of any such bond or bonds the said treasurer shall pay the same; and in case that any holder of such bond or bonds shall fail or neglect to present the same at the time men- tioned in said notice, or the notice hereinbefore provided for, then the interest upon such bond or bonds shall cease and de- termine, and the treasurer of such county shall thereafter pay only the amount of such bond and the interest accrued thereon up to the day mentioned in said notice. When any bonds are so redeemed or paid, the county treasurer shall cause the same to be fully canceled, and write across the face of such bond the word " redeemed," with the date of redemption, and shall deliver the same to the board of directors of such school dis- trict, taking the directors' receipt therefor. Sec. 1 2. Whereas, there are numerous school districts in this state which are desirous of erecting school houses and furnish- ing the same, and other school districts which have issued bonds under the territorial statutes, and the legality of the same is called in question: therefore, an emergency exists, and this act shall take effect and become a law from and after its passage and approval by tlie governor. Si;c. 13. All acts and parts of acts in conflict with this act are hereby rej)ealed. Approved March I'.), 1890. SCHOOL LAWS OF WASHINGTON. 59 EDUCATION OF DEFECTIVE YOUTH, COM- PULSORY. An Act to provide for the compulsory education of defective youth, and providing penalties for violations of the same. Se it enacted by the Legidatxire of the State of WasJdngton : Section 1. It shall be the duty of the clerks of all school Sdiooi clerks •I to report districts in the State of Washington to report to the school "'^"?«s "^ <^f,- " i fective youth. superintendents of their respective counties the names of all deaf, mute, blind or feeble minded youth residing within their respective districts who are between the ages of six and twenty- one years. Skc. 2. It shall be the duty of each county school superin- County super- •' J I intenaent to tendent to make a full and specific report of such defective >eportto ^ i county com- youth to the county commissioners of his county at the first missioners. regular meeting of said commissioners held after the first day of July in each year. He shall also, at the same time, trans- '^•? director of •' •' ' ' school for. mit a duplicate copy of said report to the director of the Washington school for defective youth. Sec. 3. It shall be the duty of the parents or guardians of Education of, J r & compulsory. all such defective youth to send them each year to the said state school for defective youth. The county commissioners shall take all action necessary to enforce this section of this act: Provided, That if satisfactory evidence shall be laid before the county commissioners that any defective youth is being properly educated at home, or in some suitable institu- tion other than the Washington school for defective youth, the county commissioners shall take no other action in such case further than to make a record of the fact, and take such steps as may be necessary to satisfy themselves that said de- fective youth shall continue to receive a proper education. Sec. 4. If it appear to the satisfaction of the county com- county com- ' * '' missioners missioners that the parents of any such defective youth within must pay ex- •^ •' penses in cer- their county are unable to bear the expense of sending them to tain cases. said state school, it shall then be the duty of such commission- ers to send them to such school at the expense of the county. Sec. 5. Any parent, guardian, county school superintendent Penalty for , , . ^ tailure of duty. or county commissioner who shall, without a proper cause, fail to carry into effect the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, upon 60 SCHOOL LAWS OF WASHINGTON. the complaint of any officer or citizen of the county or state, before any justice of the peace or superior court, shall be fined in any sum not less than fifty nor more than two hundred dol- lars, in the discretion of the court. Approved March 20, 1890. STATE NORMAL SCHOOL AT CHENEY. An Act to establish a normal school for the State of Washington, in the city of Chene5% in Spokane county, and for the government, management and conti'ol of the same. Me it enacted by tlte Legislature of the State of Washington: Section 1. That a normal school for the State of Washing- ton is hereby established in the city of Cheney, in Spokane Purpose of county, the exclusive purpose of which shall be the instruction of persons, both male and female, in the ai't of teaching the various branches that pertain to a good common school edu- cation; also, to give instruction in mechanical arts and in husbandry, in the fundamental laws of the United States, and in and what regards the rights and duties of citizens: Provided, Comiition of That the trustees of the IJeniamin P. Cheney Academy shall, e.stabli.sliriH-nt •' ^ j ^ of school. prior to the first day of September (1890) eighteen hundred and ninety, donate to the state the building and one block of ground containing eight acres, now occupied by said lienjamin 1*. Cheney Academy, within the limits of the city of Cheney, and valued at not less than thirty thousand (4i30,OOO) dollars, and shall convey the same to the State of Washington by a good and perfect title in fee simple, to be ap))roved by the at- torney general and iicccptiMl liy the board of trustees herein- after mentioned. ''''^■'■•"1 -"'i Skc. 2. That said normal school shall he under the direction of. of a l)o;ird of trustees, and shall bo governed and supported as li(!reiiial tcr provided. TrimtffH: ton- Si:< . :'.. 'i'lM'said lio;iiy author- ized, and it is made their duty, to take and at all times to have general supervision and control of all buildings and property appertaining to said normal school, and to have general charge and control of the construction of all buildings to be built after the acceptance of the building mentioned in the first sec- tion of this act. They shall have the power to let contracts for building and completion of any such buildings, and the entire supervision of their construction: Provided, That all contracts connected with the erection of any such buildings shall be let to the lowest responsible bidder, after notices of the letting of such contracts shall have been published in at least four of the leading newspapers located in different parts of the state, for at least thirty days before the letting of said contracts, and the said board shall have power to reject any or all bids. Sec. 7. That as soon as said normal school is prepared to receive pupils, the superintendent of public instruction shall give notice of the fact to each county clerk in the state, and shall publish said notice in a newspaper published in each judicial district. Sec. 8. That the said board of trustees shall ordain such rules and regulations for the admission of pupils to said school as they shall deem necessary and jjroper. Every applicant for admission shall undergo an examination in such manner as shall be prescribed by the board, and if it shall appear that the applicant is not a person of good moral character, or will not make an apt and good teacher, such applicant shall be re- jected. The board of trustees may, in their discretion, require any a))plicant for admission into said school other tlian such as shall, prior to sucli admission, sign and lile with said board a declaration of intention to follow the business of teaching schools in this state, to pay, or secure to be ))aid, such fees or tuition as to said board shall seem reasonable. Skc. 9. '^I'liat any person may be admitted as a pupil of said normal school who shall ])ass a salisfactoi-y examination: Pro- vidad, 'V\va\ tlic apitlidaiit shall, before admission, sign a dec- laration (tf irilcnlioii to follow the business of teaching schools in this state;: And jiroridi'd finili<'i\ That, the ])Upils may be SCHOOL LAWS OF WASHINGTON. 63 *. . . . admitted without signing such declaration of intention on such terms as the said board of trustees may require or prescribe. Sec. 10. That after said normal shool shall have com- ^^.o^/d of visitors. menced its first term, and at least once in each year thereafter, it shall be visited by three suitable persons, not members, to be appointed by the board of trustees, who shall examine thoroughly into the affairs of the school and report to the superintendent of public instruction their views in regard to its condition, success and usefulness, and any other matter they may judge expedient. Such visitors shall be appointed annually. Sec. 11. That lectures in chemistry, comparative anatomy, Lectures. the mechanical arts, agricultural chemistry, and any other science or any other branches of literature that the board of trustees may direct, may be delivered to those attending such school in such manner and on such conditions as the board of trustees may prescribe. Sec. 12. That as soon as any person has attended said insti- Examination •' * of students. tution twenty-two weeks, said person may be examined in the studies required by the board, in such manner as may be pre- scribed by them, and if it shall appear that such person pos- Certiticates. sesses learning and other qualifications necessary to teach a common school, said person shall receive a certificate. Sec. 13. That services and all other necessary traveling ex- Expenses. penses, as herein provided, incurred by the board of trustees in carrying out the provisions of this act, shall be paid on the proper certificate out of any funds belonging to said institu- tion in the hands of the treasurer; and the principal, assistants, teachers and other officers employed in said school shall be paid out of said normal school fund and from the receipts for tuition. The members of the board of trustees shall be en- Salaries, titled to four dollars per day during the meetings of said board, and ten cents for each mile necessarily traveled in at- tending said meetings. Sec. 14. That all funds appropriated for the use and benefit Wsbursement ^ ^ ^ of funds. of said normal school shall be under the direction and control of the board of trustees, subject to the provisions herein con- tained. The treasurer of the state shall pay out of such funds all orders or drafts for money to be expended under the pro- visions of this act; such orders or drafts to be drawn by the state auditor on certificates of the secretary, countersigned by the president of said board. No such certificates shall be Vacancies in board of trustees. Report to governor. 64 SCHOOL LAWS OF WASHINGTON. given except upon accounts audited and allowed by the board at their regular meetings. Skc. 15. That it shall be the duty of the governor to fill by appointment all vacancies that may from any cause occur in the board of trustees of the said state normal school, and he may, for neglect of any duty, or any violation of the trust re- posed, or the arbitrary exercise of the power conferred, remove any member of said board, and appoint a suitable person in his stead. Sec. 16. That the clerk of the board of trustees shall, on the 15th day of October in each year, transmit to the governor a full report of the expenditures of the same for the previous year, setting forth each item in full, and the date thereof. Sec. 1 v. That the board of trustees in their regulations, and the principal in his supervision and government of the school, shall exercise a watchful guardianship over the morals of the pupils at all times during their attendance upon the same, but Sectarian tests jjo religious or sectarian tests shall be applied in the selection not allowed. » i r of teachers, and none shall be adopted in the school. Sec. 18. That all acts and parts of acts in conflict with these provisions are hereby repealed. Approved March 22, 1890. lA.rnlU Title. ( OlllllliHHil MClcCt Hiti-. STATE NORMAL SCHOOL Ar ELLENSBURGH. An Act to establish a state normal school. JSe it enacted by the T/egislature of the State of Washington: Se( iioN 1. There shall be established in the city of Ellens- burgh, county of Kittitas, a school, to be called the Washing- ton state iioririal school, for the training and education of teachers in the art of iiist nicting and govcM-ning in tiic public H(;hools of this state. SKr. 'J.. 'I'lic governor oi' tlu; State of Washington, the super- intendent <»r piiltlic iiist 1 net ion (if the said state, and the sec- retary of state, :ue liereliy appointed and created trustees, with full j>()wer an.'• •' •' convey site Ellensburgh are hereby authorized, empowered and directed, t"'*tat\>. immediately after such site shall have been selected by said trustees, to convey such site by good and sufficient convey- ance to the trustees of the state normal school, who are hereby authorized and empowered to receive and hold the same and the title thereto in trust and for the use of said state normal school. Sec. 4. The governoi", the state superintendent of public ^"'"'^^ "f o ■> 1^ 1 trustees. instruction, and three others to be appointed by the governor, shall constitute the board of normal school trustees. The appointed members, at the first meeting of the board of trus- tees, shall determine, by lot, their respective terms of office, which shall be for two, four and six years. Sec. 5. Said board of trustees shall have power to expend Powers of . board. all moneys appropriated or donated for building school rooms and boarding houses, and for furnishing the same, as well as all moneys for the current expenses of the school. Sec. G. The board of trustees shall have power to elect a shaii select teachers. principal and all other teachers that may be deemed neces- sary; to fix the salaries of the same, and to prescribe their duties. Sec. 7. It shall be the duty of the board of trustees to pre- Course of •' ' study. scribe the course of study and the time and standard of grad- uation, and to issue such certificates and diplomas as may from time to time be deemed suitable. These certificates and di- Certificates valid in state.^ plomas shall entitle the holder to teach in any county in this state for the time and in the grade specified in the certificate or diploma. Sec. 8. The board of trustees shall prescribe the text books, Texti)ooks,ap- paratus, etc. apparatus and furniture, and provide the same, together with all necessary stationery for the use of pupils. Sec. 9. Said board shall, when deemed expedient, establish Training de- '■ partment. and maintain a training or model school or schools, in which QQ SCHOOL LAWS OF WASHINGTON. the pupils of the normal school shall be required to instruct classes under the supervision and direction of experienced teachers. Boarding gj^c. 10. Said board shall make rules for the government of house. _ _ " the boarding house or houses; shall superintend the same, and make all necessary arrangements for conducting the same in the most economical manner that will make them self-sustain- ing. Number of §^0. 11. At each annual meeting, the board shall determine pupils acl- ^ mitted, ap- what number of puDils may be admitted into the school: and portionment . of- this number shall be apportioned among the counties of this state according to the number of representatives from said counties in the legislature: Provided, That teachers holding first or second grade certificates may be admitted from the state at large. The county superintendents and the county Competitive boards of examination shall hold competitive examinations, examinations. before the first of May in each year, of all persons desiring to become pupils of the normal school, which examination shall be conducted in the same manner as examinations for teachei's' certificates. A list shall be made of the applicants thus ex- amined, and they shall receive recommendations in the order of standing in examination: Provided, That superintendents may discriminate in favor of those whose age and experience specially fit them to become normal pupils. After the expi- ration of the year a new list must be prepared, and those not recommended must be reexamined or forfeit their right to recommendation. i:ii«ii.iiity of Sec. 12. To sccurc admission into the junior class of the a))pliiiuitH for admission. nomial scliool, tlic applicant, if a male, must be not less than seventeen years of age, or if a female, not less than sixteen years of age; to enter an advanced class, the applicant must be pro])ortionately older. A))j)licants must also present let- ters of recommendation from their county superintendent, cer- tifying to their good moral cliaracter and their fitness to enter the normal school. IJefore entering, all aj)plicants must sign HiKM d.-,iarii- t-lic following declaration: "We liereby declare that our })ur- tion to tcacli. " ,,t i • i i i • i^ iiose in entering the Washington state normal school is to nt ourselves for the profession of teaching, and that it is our in- tention to engage in teaching in the public schools of this btate." I'lipiiHfrom Si'-f 1">. Pupils froiii otlicr states and territories may be olli.r m1mI«h, ' . . -Ill -1 tintion of. admitted to all the privileges ol the school, on jji-esenting let- SCHOOL LAWS OF WASHINGTON. 67 ters of recommendation from the executive or state school superintendents thereof, and the payment of one hundred dol- lars. The money thus received shall be appropriated to the purchase of library and apparatus. Pupils from other states shall not be required to sign the declaration named in section twelve. Sec. 14. The superintendent of public instruction shall be Secretary and *■ ^ executive the executive agent and secretary of the board of trustees of agent of ° ^ _ _ board. the normal school. He shall visit the school from time to time, inquire into its condition and management, enforce the rules and regulations made by the board, require such reports as he deems proper from the teachers of the school and officers of the boarding house, and exercise a general supervision of the same. He shall, in connection with the executive committee appointed by the board, expend all moneys appropriated for salaries and incidental expenses, and shall make a semi-annual Report of ex- ^ ' penditures. statement in writing to the board of all moneys received and expended. Sec. 15. It shall be the duty of the principal of the school Report of •' r r principal. to make a detailed annual report to the board of trustees, with a catalogue of the pupils and such other particulars as the board may require or he may think useful. It shall also be his duty, shaii attend •I ^ •/ J ' institutes. authorized by the board, to attend county institutes and lecture before them on subjects relating to public schools and the pro- fession of teaching. Sec. 16. The board of trustees shall hold two reg^ular meet- Meetings of ^ board. ings annually, at such time and place as may be determined, but special meetings may be called by the secretary by send- ing written notice to each member. Sec. 17. The board shall have power to make all rules and R"iesand ■I regulations. regulations necessary for discharging the duties named above. Sec. 18. All classes may be admitted into the normal school Classes that •> may be ad- who are admitted without restriction into the public schools of """ed. the state. Approved March 28, 1890. 68 SCHOOL LAWS OF WASHINGTON. Commission. Selection of site. ESTABLISHING STATE NORMAL SCHOOL AT WHATCOM. An Act to establish a state normal school in the county of Whatcom. lie it enacted by the Z/egislature of the State of Wasldngton: Section 1. There shall be established in Whatcom county a school, to be called the Washington state normal school, for the training and education of teachers in the art of in- structing and governing in the public schools of this state. Sec. 2. The governor, and two others to be appointed by the governor, shall constitute a commission to examine and locate said school site, in said county of Whatcom, as said commission may designate, said appointees to be resi- dents and citizens of the State of Washington. Sec. 3. Said commission shall meet at Whatcom, on or before the first day of July, 1803, after the passage of this act, to locate said school site, and the site selected by them shall be and remain the permanent site for the state normal school buildings: Provided, That the citizens of Whatcom county shall donate not less than ten acres of land accom- panied by a good and perfect title in fee simple to the State of Washington. No discrimination shall be made in select- ing said site by any proffer of a larger grant, donation or bonus, but shall establish said school in the most suitable and accessible location. Six-. 4. Said school shall be governed in the same manner and under the same rules as the state normal schools are gov- erned at present, and laws that may be hereafter enacted for the government of all normal schools of tlie state. Approved February 24, 1893. SCHOOL LAWS OF WASHINGTON. 69 FORMATION OF NEW SCHOOL DISTRICTS. An Act concerning the formation of new school districts, changing the boundaries and transferring territory from one district to another. Be it enacted by the Legislature of the State of Washington : Seotiox 1. In forming new districts or transferring terri- tory from one district to another or changing boundaries of districts, no school district shall be cut down to less than four sections of land unless said district can support six months' school per year after deduction of territory. All acts and parts of acts in conflict with this act are hereby repealed. Approved March 9, 1893. MANNER OF PAYMENT OF WARRANTS. An Act in relation to county, school, city and town warrants, and the manner of their payment. Be it enacted by the Legislature of the State of WasJiington : Section 1. That all county, school, city and town warrants shall be paid according to their number, date and issue, and shall draw interest from and after their presentation to the proper treasurer: Provided, That no compound interest shall be paid directly or indirectly on any of said warrants. Sec. 2. No county auditor or clerk of the board of county commissioners shall issue any county warrant within less than ten days from and after the date of the allowance of such warrant. Sec. 3. All laws and parts of laws in conflict with any of the provisions of this act are hereby repealed. Approved March 7, 1893. 70 SCHOOL LAWS OF WASHINGTON. MANAGEMENT AND CONTROL OF STATE NOR- MAL SCHOOLS. An Act to provide for the management and control of state normal schools in the State of Washington. JBe it enacted by the Legislature oj" the State of Washington: Section 1. That the state normal school at Cheney, the state normal school at Ellensbnrgh, and such other state normal schools as may hereafter be established, unless other- wise expressly provided by law, shall each be under the man- agement and control of a board of three trustees to be known Local board as the " Local board of trustees for the state normal school at of trustees. ." At least two members of each local board of nor- mal school trustees shall be residents of the county in which the school of which they are trustees is situated, said trustees How ap- ^Q be appointed by the governor, by and with the advice and consent of the senate. Sec. 2. All trustees of the state normal school at Cheney that may be serving as such at the time this act shall go into effect and all trustees for the state normal school at Ellens- burgh that may be so serving, except ex officio members, shall continue to hold their respective offices as such trustees for the full term for which they were appointed; and thereafter Terms of ofiice. all trustees shall be appointed for six years, except in cases of appointments to fill vacancies, in which case the appointment shall be made for the unexpired term of the trustees whose office has beco?ne vacant. In case of the establishment of any additional state normal schools, unless otherwise expressly provided by law, the governor shall appoint one trustee for two years, one for four years, and one for six years. OrKaiiization f^KC. 3. Each local board of normal school trustees shall of local board. elect one of its members chairman, and it shall elect a clerk, who may or may not be a member of the board. Each local board shall have j)ower to a(loj)t bylaws for its government and for the government of the school, which by-laws shall not be inconsistent with the provisions of this act, and to prescribe the duties of its officers, committees and employes. A major- ity of the l)oar(l sluill constitute a cjuorum for the transaction of all business. SCHOOL LAWS OF WASHINGTON. 71 Sec. 4. Each local board of trustees shall have power, Powers of '^ ' local board. and it shall be its duty — First: To elect a principal for such period as it may determine, not to exceed two years, and to elect such other teachers and assistants as the necessities of the school may require. /Second: To provide a librarian for the school, who shall have charge of all books, maps, charts and apparatus thereof, under such regulations as may be provided by law or by the by-laws of the board of trus- tees; also to choose a janitor and such other employes as may become necessary, and for good and lawful reasons to discharge any or all such teachers and employes. Third: To adopt and provide the necessary text books and provide books of reference for the use of students and teachers, and to provide for the proper care of the same. Fourth: To have chai-ge of the erection of all buildings pertaining to the school, unless otherwise expressly provided, and to have the care and management of all buildings and other property be- longing to the school. Fifth: To audit all accounts against the school, and to certify all bills which may be allowed to the state auditor, who shall draw warrants on the state treas- urer for such amounts as he shall find to have been properly or legally allowed. Sixth: To purchase all supplies for the use of the school, to provide a library suited to its wants, to provide for lectures on subjects pertaining to education and the art of [or] science of teaching, and to do such other things, not forbidden by law, a.s may become necessary for the good of the school. Sec. 5. Each local board of normal school trustees shall Boarding: house. have power to establish and maintain a boarding house or houses for the accommodation of students, to employ a matron and such other assistance as may become necessary to conduct the same, to make such rules for its government and manage- ment as they may deem necessary, and to charge such rates for board and entertainment as will make such boarding house or houses self-sustaining. • Sec. 6. Each local board of normal school trustees shall ?^'^«'f'"=s"f local board. hold two regular or stated meetings each year, at such times as may be provided in its by-laws, and such special meetings may be held as shall be deemed necessary, such special meet- ings to be called by the chairman or by a majority of the local board; all meetings of the local boards shall be held in the city or town wherein their respective schools are. 72 SCHOOL LAWS OF WASHINGTON. Duties of Skc. 7. The principal of each state normal school shall have principals. ' ^ general supervision of the school, shall see that all laws and all rules of the general and local boards of trustees are observed and obeyed by teachers and students, that the course or courses of study prescribed are faithfully pursued, shall assign students to their proper classes or grades, and unless otherwise specially provided he shall designate the work to be performed by each teacher. He shall at the close of each school year make a de- tailed annual report to the board of trustees, containing a class- ified catalogue of all students that have been enrolled during the year, and such other information as he may deem advisable or as the board may require, and it shall be his duty to super- intend the printing of the same. It shall also be his duty when re(|uired by the local board of trustees to attend county institutes and other educational gatherings, and to lecture upon educational topics that are calculated to enhance the in- terests of popular education or of his school. The local board expense's^ of trustcGS shall audit and allow all his necessary expenses in- curred in traveling. of^norniar*"^*^ Skc. 8. Two members of each of the local boards of normal school trustees, school trustees, to be selected by said board herein provided for, shall constitute a general board of normal school trustees, of which the superintendent of public instruction shall be sec- retary. Within thirty days after this act shall take effect the superintendent of public instruction shall call a meeting of said general board of trustees, designating the time and place of holding the same, of which meeting at least ten days' no- tice shall be given to each member in writing. At the first OrKunizatioii. meeting held by said general board of trustees it shall proceed to organize by electing one of its members president, but no president shall be elected for a longer term than two years. Said general board shall have power, and it shall be its duty, to ado])t such by-laws, rules and regulations for its govern- ment, and for tlie general government of the schools under its control, as it may deem proper, which shall not be inconsistent with tlie j)roviHions of this act, and it shall provide for the aj> pointniciit III' such officers and committees as will best sub- serve its interests and the interests of the several schools under its control, A majority of said board shall constitute a <|ii')iiiiii for ilir transaction of ;ill Itusincss, and each trustee shall l>o ciiiiilcil to one vote. SCHOOL LAWS OF WASHINGTON. 73 Sec. 9. Tlie annual meeting of the general board of normal ^^""j"^^gg school trustees shall commence on the fourth Wednesday of June of each year, at such place as the board may deter- mine. Such si:)ecial meetings may be held as shall be deemed ^^'^'^t^J^g necessary, special meetings to be called by the president or by a majority of the board, the time and place of any special meeting to be stated in the call. Sec. 10. The general board of normal school trustees shall fraTboard.^^" have power and it shall be its duty — First, to prescribe the course or courses of study that shall be pursued in all state normal schools under its control: Provided, That the course or courses of study shall be the same for all such schools, and shall not be inconsistent with any of the provisions of this act; second, it may provide for a uniform system of examinations for admission to and graduation from said schools, and may prepare or cause to be prepared uniform sets of examination questions for said examinations; third, it shall be the duty of said board to grant diplomas to the graduates of all normal schools contemplated by this act, and for good and sufficient reasons to revoke the same; and it may grant diplomas in ac- cordance with the provisions of this act to such students as shall have graduated from either the state normal school at Cheney or the state normal school at Ellensburgh prior to the time at which this act shall take effect, in lieu of the diplomas already granted to such graduates by the trustees of said schools: Provided, That all teachers holding county certifi- cates may be admitted to any of said schools from the state at large. Sec. 11. The general board of normal school trustees may, [^'^"ifesCTibe^'^ in its discretion, prescribe two courses of study for the schools |," gt^,*^"5^^^ under its control, one of which shall be known as the ele- mentary course and the other as the advanced course; but no elementary course shall cover a shorter period of time than two years, and no advanced course shall cover a longer period than four years; or, it may establish for said schools a single course of study, which shall not cover a shorter period of time than three years nor a longer period than four years. The course or courses of study which may be prescribed for said schools shall embrace all branches in which applicants for state certificates and life diplomas are required to be ex- amined, and such other branches as the board of trustees may determine. 74 SCHOOL LAWS OF WASHINGTON. Model school for training. Manual training department. Diplomas. TcrniH of admiHHioii of stiidcnlH. Sec. 12. a model school or training department shall be provided for each state normal school contemplated by this act, in which all senior grade students shall have actual prac- tice in teaching for not less than twenty weeks under the supervision and observation of a model school training teacher; and the general board of normal school trustees may provide a manual training department for each school under its con- trol, and may employ a suitable instructor for each. The course of training in such department shall be such as to en- able students to acquire skill in the handling of tools and in the manufacturing of apparatus and appliances for use in school work in the public schools of the state. Sec. 13. Diplomas granted to students who have completed the elementary course provided for in this act, shall qualify the holders to teach in the common schools of this state for a period of two years, at the expiration of which time they may be renewed by the general board of trustees for a period of three years, upon the filing of satisfactory evidence that the holders have taught successfully at least twelve months sub- sequent to the time of graduation. Diplomas granted to the graduates of the advanced course, or of a course embracing not less than three years, shall qualify the holders to teach in any of the public schools of this state for a period of nve years, and at the expiration of that time, upon the filing of satisfactory evidence that the holder of such a diploma has taught successfully at least thirty-six months, the board shall grant to him or her a diploma which shall qualify him or her to teach in the public schools of this state during his or her natural life. Every diploma shall be signed by the president and secretary of the general board of trustees, by order of the board, and by the principal of the normal school at which the holder graduated, and all diplomas shall be stamped with the seal of the l)oard. No student shall be entitled to a diploma fioiii any state normal school contemplated by this act who lias not been in regular attendance thereat at least forty weeks, and who does not sliow profii^ency in all branches included in the course of study from which he proposes to graduate. Kvcry diploma sliall specifically state what course of study the holder has taken, and for what length of time said diploma is valid as a (•(M'tilicate. Si;c. II. No (charge shall be made against any student, for tuition, in any of the normal schools contemplated by this SCHOOL LAWS OF WASHINGTON. 75 act: Provided, That said student is a bona fide resident of this state; but such student shall be required, upon entrance into any of said schools, to certify upon honor that it is his inten- tion to pursue the vocation of teaching. Students from other states or territories may be granted scholarships which shall entitle them to complete any course of study prescribed by the general board of trustees, in any state normal school con- templated by this act, upon the payment of one hundred dol- lars each, which sum shall be placed to the credit of the normal school which such student shall attend, and shall be expended in the purchase of books or apparatus for the benefit of such school. All students shall be required to furnish satisfactory evidence of good moral character, and any student may be suspended or expelled from any state normal school contem- plated by this act, who is found to be immoral or who refuses to comply with the rules and regulations for its government. Sec. 15. No student shall be required to pay for the use of Library, any book or books belonging to the library of any school con- templated by this act, but the local board of trustees may re- quire the deposit of a sum not exceeding ten dollars, by each student, as indemnity for the loss of any book or books, or for damage done to any book or books by such student, and such sum as may be required to be deposited, or such part thereof as shall not be due the school, for loss of, or damage to, any book or books shall be returned to such student upon his re- tirement from the school. All sums retained for loss of or damage to books belonging to the library shall be expended in the purchase of other books for the use of the school. Sec. 16. It shall be the duty of each county superintendent j^^endent^^"^' in this state to hold a competitive examination, commencing p°t^j\4*'^^' on the second Thursday of May, each year, of all persons de- anmiations. siring to attend any state normal school contemplated by this act, except legally qualified teachers, notice of said examina- tion to be given in the same manner as notice is required to be given of examinations of teachers. Such persons shall be examined in reading, orthography, writing, geography, arith- metic, English grammar, history of the United States and physiology and hygiene. The examination shall be conducted, as far as practicable, according to the rules prescribed by the state board of education for the examination of teachers, and no questions shall be used except such as shall be provided by the superintendent of public instruction. Each person taking 76 SCHOOL LAWS OF WASHINGTON. Proviso. said examination shall designate the state normal school which he desires to attend, and the connty superintendent shall make a list of Such persons and shall mark the grade or standing of each thereon in each branch, according to his best judgment, as such standing is shown by the results of the examination. He shall recommend such persons as are examined in accord- ance with their standing: Provided, That he may discriminate in favor of those whose age and experience specially fit them to become students in such schools. The county superintendent shall hold the manuscripts of each person taking the competi- tive examination for a period of six months, subject to the order of the local board of trustees of the normal school which such person desires to attend. At the expiration of the year a new list shall be prepared, and those not recommended and those who have failed to enter the normal school after being recommended must be reexamined or forfeit all rights ac- quired by virtue of the former examination. On or before the first day of June next succeeding any competitive examin- ation the county superintendent shall forward to the clerk of each local board of normal school trustees the names and ad- dresses of all persons whom he desires to recommend as stu- dents for such school not exceeding the number to which his county is entitled in said school according to the last appor- tionment made by the general board of trustees, and he shall also give the standing of each student recommended, in each of the several branches in which he has been examined. Sec. 17. It shall be the duty of the superintendent of public instruction to prepare and forward to each county superin- exainin'itiotis *" teudeut, ou or before the first day of May, each year, suitable lists of questions to be used in the competitive examinations provided foi- in llic preceding section, which questions shall be uniform throughout the state, and which shall be upon all branches enumerated in the preceding section. He shall also fiiniisli :ill lilaiik forms for the use of county superintendents in (Conducting said competitive examinations and in making their reports of the same. Skc IK. No j)er8on shall Ix' adniiltcd to any state normal school as a student who has not attained the age of sixteen years, if a male, or of fifteen years if a female, nor until by an entrance cxaiiiiMal ion oi' otherwise he or she shall have es- tablished tlie fact that lie or she is (|iialiHed to enter some one ol lli(! grades or courses proviri paif listH Akc rcfpiircd for nduiiMHioi SCHOOL LAWS OF WASHINGTON. 77 Sec. 19. It shall be the duty of the principals of the several ^fvetinRsof •' * _ ^ principals. State normal schools contemplated by this act to nieet at the time and place of the annual meeting of the general board of normal school trustees to consult with each other relative to matters concerning their school work, to discuss methods of teaching and plans of management, and to make such recom- mendations to the general board of trustees as they may deem proper; and each shall at such meeting report to the board the names of all students that are entitled to diplomas. Sec. 20. The general board of normal school trustees shall, pe"e»;ai iJ?ard " ' to make liien- biennially, on or before the first day of October next preced- "iai report, ing each regular session of the legislature of this state, make, through its secretary, a report to the governor of the state, which report shall be included with and constitute a part of the biennial report of the superintendent of public instruction. Said normal school report shall embrace a statement of the re- ceipts and expenditures of the several schools contemplated by this act, and the purpose for which all moneys have been ex- pended; a classified catalogue of all students enrolled in each of said schools, a directory of all graduates of each school properly classified; the course or courses of study pursued in the several schools, and such other information as may be deemed advisable. And it shall be the duty of each local board of trustees, through its clerk and chairman, on or be- fore the first day of September, to make a report to the secre- tary of the general board, embracing such facts as are required to be embraced in the biennial report of the general board, and such other facts as the general board may require. Sec. 2L Each normal school trustee shall receive three dol- I'erdiemof trustees. lars per day for the time actually and necessarily spent in attending the meetings of the general and local boards, and he shall be allowed five cents per mile for each mile actually traveled, such amounts to be audited by the local boards and certified to the state auditor as other accounts are required to be certified: Provided, That no trustee shall receive more Proviso. than one hundred dollars as per diem in any one year. Sec. 22. No normal school trustee shall be awarded any No trustee to contract for the erection, repair or furnishing of any building any contract, belonging to any state normal school contemplated by this act, nor for the furnishing of supplies or materials for the same, and no such trustee shall act as agent for any publish- ing house proposing to furnish books for such school; and t 78 SCHOOL LAWS OF WASHINGTON. any trustee who shall violate any of the above named pro- visions shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars, and his office as such trustee shall be declared vacant. Sec. 23. All acts and parts of acts in conflict with the pro- visions of tliis act are hereby repealed. Approved March 10, 1893. STATE CONSTITUTION— OFFICIAL OPINIONS AND RULINGS ON QUESTIONS OF SCHOOL LAW- FORMS FOR USE OF SCHOOL OFFICERS AND TEACHERS. CONSTITUTION, STATE OF WASHINGTON. PREAMBLE. WE, THE PEOPLE OF THE STATE OF WASHINGTON, GRATEFUL TO THE SUPREME RULER OF THE UNIVERSE FOR OUR LIBERTIES, DO ORDAIN THIS CONSTITUTION. ARTICLE I. DECLARATION OP RIGHTS. Section 1. All political power is inherent in the people, Political and governments derive their just powers from the consent of the governed, and are established to protect and maintain in- dividual rights. Sec. 2. The Constitution of the United States is the su- supreme law. preme law of the land. Sec. 3. No person shall be deprived of life, liberty or Right of trial. property without due process of law. Sec. 4. The rightof petition, and of the people peaceably Right of pe- to assemble for the common good, shall never be abridged. Sec. 5. Every person may freely speak, write and publish Free speech on all subjects, being responsible for the abuse of that right. Sec. 6. The mode of administering an oath, or affirmation, Oaths, how ad- , „ , , , . . i T 1 • T ministered. shall be such as may be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered. Sec. 7. No person shall be disturbed in his private affairs. Private affairs s&crccl. or his home invaded, without authority of law. Sec. 8. No law granting irrevocably any privilege, fran- chise or immunity shall be passed by the legislature. Sec. 9. No persoii shall be compelled in any criminal case immunity . T .,.,,. - . ' . . , irom self con- to give evidence against himseli, or be twice put m jeopardy victiou. for the same offense. Sec. 10. Justice in all cases shall be administered openly, and without unnecessary delay. Sec. 11. Absolute freedom of conscience in all matters of Rei'sious . . . . liberty. religious sentiment, belief, and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion, but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent -6 (81) 82 JONSTITUTION. with the peace and safety of the state. No public money oi' property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any re- ligious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of bis opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony, ppeoiai priv- Sjec. 12. No law shall be iiassed granting to any citizen, ilcse<; shall not ^ . . . ^ ""..',.. be granted. class of Citizens, Or corporation other than municipal, privi- leges or immunities which upon the same terms shall not equally belong to all citizens or corporations. Writ of habeas Sec. 13. The privilege of the writ of habeas corpus shall corpus. i ^ _ _ _ ' not be suspended unless in case of rebellion or invasion the public safety requires it. Excessive bail. Sec. 14. Excessive bail shall not be required, excessive fines imposed, nor cruel punishment inflicted. Sec. 15. No conviction shall work corruption of blood, nor forfeiture of estate. Taking of pri- Sec. 16. Private i)ro])erty shall not be taken for private vate property. . . . use, except for private ways of necessity, and for drains, flumes or ditches on or across the lands of others for agricul- tural, domestic or sanitary purposes. No private propei'ty shall be taken or damaged for ])ublic or private use without just com))ensation liaving been flrst made, or paid into court for the owiiei-, and no right-ol'-way shall be appropriated to the use of any corporation other tlian municipal, until full compensation therefor be flrst made in money, or ascertained and paid iiit(» tlie court for the owner, irrespective of any benefit from aiiv imju-ovomcnt j)ro))Osed by such corporation, which, compensation shall be ascertained by a jury, unless a jury be waived as in other civil cast's in courts of record, in the man- ner j)rescril)(' is juihlic. NolmnriHon- Sic<;. 17. 'I'Imtc shall l)c no iniprisoiiniciil for debt, except nient lor (Jubt. , ... ,. i i , m ("ascs OI ahsconuing in strict sultordinatiou to UKliiiiit*;. .... tlu- Civil power. Sicr. I'.>. All cl(cti(»iis shall lie free and equal, and no power, CONSTIIUTJOX. 83 civil or military, shall at aiiv time interfere to prevent the Elections must .,.,." *je free and free exercise ot the right ot sunrage. equal. Sec. 20. All persons charged with crime shall be l)ailable Bail. by sufficient sureties, except for capital offenses, when the proof is evident, or the presumption great. Sec. 21. The ric^ht of trial by iury shall remain inviolate, nishtof trial . . , 1j.v jury. but the legislature may i)rovide for a jury of any number less than twelve in courts not of record, and for a verdict by nine or more jurors in civil cases in any court of record, and for waiving of the jury in civil cases where the consent of the parties interested is given thereto. Sec. 22. In criminal i)rosecutions, the accused shall have Right of de- fense in court. the right to appear and defend m person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused pg||"'* °^ ^P" person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed. Sec. 23. No bill of attainder, ex post facto law, or law im- ex post facto pairing the obligations of contracts shall ever be passed. Sec. 24. The right of the individual citizen to bear arms in Right to bear defense of himself or the state shall not be impaired, but ' nothing in this section shall be construed as authorizing in- dividuals or corporations to organize, maintain or employ an armed body of men. Sec. 25. Offenses heretofore required to be prosecuted by Prosecution by . ,. , Ti-c • i-T information. indictment may be prosecuted by mtormation or by indict- ment, as shall be prescribed by law. Sec. 26. No grand jury shall be drawn or summoned in any Grand jury. county, except the superior judge thereof shall so order. Sec. 21, Treason against the state shall consist only in levy- Treason. ing war against the state, or adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court. Sec. 28. No hereditary emoluments, privileges or powers shall be granted or conferred in this state. Sec. 29. The provisions of this constitution are mandatory, Constitnticm '■ . mandatory. unless by express words they are declared to be otherwise. 84 CONSIITUTION. standing army. Sec. 30. The enumeration in this constitution of certain rights shall not be construed to deny others retained by the people. Sec. 31. No standing army shall be kept up by this state in time of peace, and no soldiers shall in time of peace be quar- tered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law. Sec. 32. A frequent recurrence to fundamental principles is essential to the security of individual right and the perpe- tuity of free government. AKTICLE II. LEGISLATIVE DEPARTMENT. Legislature. Limited mem- bership. State census. First election of reprcBcutu- tives. Tenure of oHlcc. 8ccon j ... n ^ ^ • i Other power, shall be eligible to be a member or the legisla- ture; and if any person after his election as a member of the legislature shall be elected to congress or be appointed to any other office, civil or military, under the government of the United States, or any other power, his acceptance thereof shall vacate his seat: Provided, That officers in the militia of the state who receive no annual salary, local officers and post- masters, whose compensation does not exceed three hundred dollars per annum, shall not be ineligible. Vacancies. Sec. 15. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legisla- ture. Immunity Sec. 16. ^Nfembcrs of the legislature shall be privileged from from arrest. " i i- i arrest in all cases except treason, lelony and breach ot the peace; they shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement of each session. Free Hpeech. Sec. 17. No member of the legislature shall be liable in any civil action or criminal piDsecution whatever for words spiikcii in debate. Style of laws. Si;c. Is. The style of the laws of the state shall be: "l>e it enacted l)y liic legislature of the State of Washington." And no hiw sliall lie ciiacliMl cxccpl liy liill. Untone Kill)- Sic I'.t Nu iiill sliall cmbi-acc iiioic than one subject, and Jett In 1,111. that >hall he evpressed in the title. EilherhouHe Si-:c. i^d. Anv l»ill niav originate in eitliei- house ol' the leg- islature, and a hill passe 1 by <>iir Imnse may be aniendeii m the (itiier. Yeasimfl nnyf. Sr.r'. 2l. The yeas and nays of the iiienibers of eit her house CONSTITUTION. 87 shall be entered on the journal on the demand of one-sixth of the members present. Sec. 22. No bill shall become a law unless on its final pas- Yeas aufi nays 1 111 1 1 p 1 i'l passage of sage the vote be taken by yeas and nays, the names or the bm. members voting for and against the same be entered on the journal of each house, and a majority of the members elected to each house be recorded thereon as voting in its favor. Sec. 23. Each member of the legislature shall receive for coTnpensation his services five dollars for each day's attendance during the session, and ten cents for every mile he shall travel in going to and returning from the place of meeting of the legislature, on the most usual route. Sec. 24. The legislature shall never authorize any lottery Lottery.— Di- , . "^ vorce. or grant any divorce. Sec. 25. The legislature shall never grant any extra com- Extra compen- pensation to any public officer, agent, servant or contractor ^^e^^"^"""^^^' after the services shall have been rendered or the contract entered into, nor shall the compensation of any public officer be increased or diminished during his term of office. Sec. 26. The legislature shall direct by law in what man- snit against nor and in what courts suits may be brought against the state. Sec. 2*7. In all elections by the legislature the members shall vote viva voce, and their votes shall be entered on the journal. special legislation^. Sec. 28. The legislature is prohibited from enacting any Private laws _, • 1 1 • ^1 X- 11 • " forbidfion in private or special law m the following cases: certain cases 1. For changing the names of persons, or constituting one person the heir at law of another. 2. For laying out, opening or altering highways, except in eases of state roads extending into more than one county, and military roads to aid in the construction of which lands shall have been or may be granted by congress. 3. For authorizing persons to keep ferries wholly within this state. 4. For authorizing the sale or mortgage of real or personal prop- erty of minors, or others under disability. 0. For assessment or collection of taxes, or for extending the time for collection thereof. (J. For granting corporate powers or privileges. 7. For authorizing the api)ortionment of any part of the school fund. 8. For incorporating any town or village, or to amend the charter thereof. 9. [From] giving effect to invalid deeds, wills or other instru- ments. 1 CONSTITUTION. Labor of con- victs. Corrupt solici- tation. 10. Releasing or extinguishing, in whole or in part, Ihe indebted- ness, liability or other obligation of any person or corporation to this state, or to anj' municipal corporation therein. 11. Declaring any person of age, or authorizing any minor to sell, lease or eiicuml)er his or her property. 12. Legalizing, except as against the state, tne unauthor'zed or invalid act of an3' officer. 13. Regulating the rates of interest on money. 14. Remitting fines, penalties or forfeitures. 15. Providing for the management of common schools. 16. Authorizing the adoption of children. 17. For limitation of civil or criminal action. 18. Changing county lines, locating or changing county seats: Provided, This shall not be construed to apply to the creation of new counties. Sec. 29. After the first day of January, eighteen hundred and ninety, the labor of convicts of this state shall not be let out by contract to any person, copartnership, company or cor- poration, and the legislature shall by law provide for the work- ing of convicts for the benefit of the state. Sec. 30. The offense of corrupt solicitation of members of the legislature, or of public officers of the state or any munic- ipal division thereof, and any occupation or practice of solici- tation of such members or officers to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment. Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who may be charged with having committed the offense of bribery or corrupt solicitation, or practice of solicitation, and shall not l)e j^ermitted to withhold his testimony on the ground that it may criminate himself or subject him to public infamy, but such testimony shall not afterwards be used against him in any judicial ])rocecdiug — except for perjury in giving such testimony — and any })erson convicted of either of the offenses aforesaid, shall, as ])art of the punishment thei'ci'or, Ih' disiiualilicd from evci- holding any ]tosit,ion of MemberBHhnU lionor, trust or iirofit in this state. A member who has a not vote ill . . • , -n i ^■ ccrtuln cuftf.N. private inter(!st m any l)ill or measure proposed or ])ending \>vU>ri'. th(! l('gislatui-(! shall discJDsc the fact to the house of whicrh lie is a iiuMiilK'r, and shall not vote thereon. Si:c. rjl. No law, except appro])riali<)n bills, sliall lake cll'cct mil il iiiiii't \ il:i\s aflcr the adjoiii-iimcnt of llic session ai wiiich it, was enacted, imiIcsh in cas(! of an emergency (which emerg- ency must be expi(vss(!. Tli(! governor mav retiuire information in writing ernor. , _ j i n from the offit-ci-s of the slate upon any snhjcct rel.ating to the duties >>{ their re-|iect i\(' otliccs, and shall see that- the laws are i'ail hl'iilly e.veciited. McifoKo. Si.e. i\. lie shall corn in iinicate at everv session by message 1o the legislature the coiiditioii oi the alVairs of tlu' state, and CONSTITUTION, 91 recomnieiid such measures as lie shall deem ex]icdient for their action. Sec. Y. lie may, on extraordinary occasions, convene the May convene . ,, - , , legis.ature in legislature by proclamation, in which shall be stated the pur- extra session, poses for which the legislature is convened. Sec. 8. He shall be commander-in-chief of the military in commander- . J. in-cliief. the state except when they shall be called into the service of the United States. Sec. 9. The pardoning power shall be vested in the gov- rardoning eriior under such regulations and restrictions as may be pre- scribed by law. Sec. 10. In case of the removal, resignation, death or dis- Duties shall ^ _ devolve on ability of the orovernor, the duties of the office shall devolve liemenantgov- •^ _ _ . ernor, when. Upon the lieutenant governor, and in case of a vacancy in both the offices of governor and lieutenant governor, the duties of governor shall devolve upon the secretary of state, who shall act as governor until the disability be removed or a governor be elected. Sec. 11. The governor shall have power to remit fines and ^emirflnes?^^ forfeitures, under such regulations as may be prescribed by '^'^'^' law, and shall report to the legislature at its next meeting each case of reprieve, commutation, or pardon granted, and the reasons for granting the same, and also the names of all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted and the reasons for the remission. Sec. 12. Every act which shall have passed the legislature Duties of gov- 1 11 1 1 c • 1 1 1 1 " ernor in regard shall be, before it becomes a law, presented to the governor, toeuactmeut Ti- 1 1 1 11 • -I • !• 1 1 11 ^ • of laws. —Ve- il he approves, he shall sign it; but it not, he shall return it, toes. with his objections, to that house in which it shall have origi- nated, which house shall enter the objections at large upon the journal and proceed to reconsider. If, after such recon- sideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present, it shall become a law; but in all such cases the vote of both houses shall be determined by the yeas and nays, and the names of the members voting for or against the bill shall be entered upon the journal of each house respectively. If any bill shall not be returned by the governor within five days, Sunday ex- cepted, after it shall be presented to him, it shall become a law without \us signature, unless the general adjournment 92 CONSTITUTION. sliall prevent its return, in wliich case it shall Lecome a lav/ unless the governor, within ten days next after the adjourn- ment, Sundays excepted, shall file such bill, with his objec- tions thereto, in the office of secretary of state, who shall lay the same before the legislature at its next session in like man- ner as if it had been returned by the governor. If any bill presented to the governor contain several sections or items, MayretooTie he mav object to one or more sections or items while approv- er more items . ; . ,. 1 , .,, X 1 1 1 11 3 or sections. mg Other poi'tions or the bill. In such case he shall append. to the bill, at the time of signing it, a statement of the sec- tion or sections, item or items to which he objects, and the reasons therefor, and the section or sections, item or items so objected to shall not take eifect unless passed over the gov- ernor's objection, as hereinbefore provided. Fill vacancies Sec. 13. When, durinsT a recess of the legislature, a vacancy by appoint- ' o ^ ? . meut. shall happen in any office, the appointment to which is vested in the legislature, or when at any time a vacancy shall have occurred in any other state office, for the filling of which vacancy no provision is made elsewhere in this constitution, the governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified. Salary of gov- Sp:c. 14. The govemor shall receive an annual salary of four thousand dollars, which may be increased by law, but shall never exceed six thousand dollars per annum. Heshaiiissnc Skc. 15. All commissions shall issue in the name of the State, all cijiumis- i n , • i i i i i • i i i c i sious. shall be signed by the governor, sealed with the seal or the state, and attested by the secretary of state. Duties of lieu- Skc. 10. The lieutenant governor shall be presiding of- teiiiiiit gov- ,. , -1 1 11 1- 1 1^1 eruor. hcer 01 the state senate, and shall discliai-ge such other duties as may be jircscrihed by law. He sliall receive an Salary. annual salary of one thousaiid dollars, which may be increased by the legislature, but shall never exceed three thousand dol- lars per annum. DHtieB of ROC- Skc. 1*7. 'J'lio secretary of state shall koc]) a record of the relary of mute „. . , ,■ . . • i ' i ■ i c i ouicial actsol the legislature and executive depart inent or the state, and shall, when rcipiircil, lay the same mikI all matters r(;lative tlicn'to, before either hraiich of the legislature, and shall perfoi'Mi such other duties as shall be assigneil him by Salary. l.iw. Me shall receive an annual salai'vof twenty-live hun- dred dollars, which may l)e increaseij by the legislature, but shall nev(!r cxeicil thice tJiousand dollars ])er annum. Skc. is. There sh.ill l.e a seal ol' the states kc[)t by the sec- CONSTITUTION. 93 i-etary of state for official i)uri)Oscs, wliich shall be called "The shall keep *^ . state seal. Seal of the State of Washington." Sec. 19. The treasurer shall perform such duties as shall be Duties of state treasurer. prescribed by law. He shall receive an annual salary of two Salary, thousand dollars, which may be increased by the legislature, but shall never exceed four thousand dollars per annum. Sec. 20. The auditor shall be auditor of public accounts, Duties of state and shall have such powers and perform such duties in con- ' nection therewith as may be prescribed by law. He shall receive an annual salary of two thousand dollars, which may salary. be increased by the legislature, but shall never exceed three thousand dollars per annum. Sec. 21. The attorney general shall be the legal adviser of Duties of attor- , . iiey general. the state officers, and shall perform such other duties as may be prescribed by law. He shall receive an annual salary of Salary. two thousand dollars, which may be increased by the legis- lature, but shall never exceed thirty-five hundred dollars per annum. Sec. 22. The superintendent of public instruction shall have Duties of su- ,, . . 1 T 1 1 1 perintendent supervision over all matters pertaining to public schools, and of public in- shall perform such specific duties as may be prescribed by law. He shall receive an annual salary of twenty-five hundred dol- Salary. lars, which may be increased by law, but shall never exceed four thousand dollars ])er annum. Sec. 23. The commissioner of public lands shall perform i-aud oommis- such duties and receive such compensation as the legislature may direct. Sec. 24. The governor, secretary of state, treasurer, auditor, Certain offices superintendent of public instruction, commissioner of public capital. lands and attorney general shall severally keep the public records, books and papers relating to their respective offices, at the seat of government, at which place also the governor, secretary of state, treasurer and auditor shall reside. Sec. 25. No person, except a citizen of the United States Eiisiwiuy to and a qualified elector of this state, shall be eligible to hold any state office, and the state treasurer shall be ineligible for the term succeeding that for which he was elected. The com- pensation for state officers shall not be increased or diminished during the term for which they shall have been elected. The legislature may, in its discretion, abolish the offices of the Certain offices .. .,,. niaybeabol- lieutenant governor, auditor, and commissioner 01 public ished. lands. 94 CONSTITUTION. Supreme court. Inl'eriorcourts. Supreme court consists of whom. Supreme judges.— Elec- tion. Tenure of office. Chief justice. Vn<'nii(;y, how lUeU. ARTICLE IV. THE JUDICIARY. Section 1. The judicial power of the state shall be vested in a supreme court, superior courts, justices of the peace, and such inferior courts as the legislature may provide. Sec. 2. The supreme court shall consist of five judges, a majority of whom shall be necessary to form a quorum and pronounce a decision. The said court shall always be open for the transaction of business except on non-judicial days. In the determination of causes, all decisions of the court shall be given in writing, and the grounds of the decision shall be stated. The legislature may increase the number of judges of the supreme court from time to time, and may provide for separate departments of said court. Sec. 3. The judges of the supreme court shall be elected by the qualified electors of the state at large, at the general state election, at the times and j^laces at which state oflScers are elected, unless some other time be provided by the legislature. The first election of judges of the supreme court shall be at the election which shall be held upon the adoption of this con- stitution, and the judges elected thereat shall be classified, by lot, so that two shall hold their office for the term of three years, two for a term of five years, and one for the term of seven years. The lot shall be drawn by the judges, who shall for that purpose assemble at the seat of government, and they shall cause the result thereof to be certified to the secretary of state, and filed in his office. The judge having the shortest term to serve, not holding his office by appointment or elec- tion to fill a vacancy, shall be the chief justice, and shall preside at all sessions of the sui)rcme court, and in case there shall be two judges having in like manner the same short term, the other judges of the sui)reme court shall determine which of them shall l)e chief justice. In case of the absence of the chief justice, the judge having in like manner the shortest or next shortest term to serve shall preside. After llic tirst election the terms of judges elected shall be six years from and after the H(!Coiid .Monday in .lanuary next sn(rc('eding their election. If a vacancy occur in llic office of a judge of the supreme court, tlic <4ov('rnor shall a)i)ininl a pci'son to hold the office until the election and (|ii;ililicat ion of ;i judge to lill the vacancy, which election shall take |il:icc at llic ncxl snccccding general elec- tion, and the iiid<4c so elcclcil shall hold the office for the I'einainder o|' the unexpired term. 'i'lie term of officer of the judges of the siiiPi-eiiie (-(nirt, lirst elected, shall coinmence as CONSTITUTION. 95 soon as the state shall have been admitted into the Union, and continue for the term hei-ein provided, and until their succes- sors are elected and qualified. The sessions of the supreme court shall be held at the seat of government until otherwise provided by law. Sec. 4. The supreme court shall have original jurisdiction Jurisdiction of - supreme court in habeas corpus, and quo warranto and mandamus as to all state officers, and appellate jurisdiction in all actions and pro- ceedings, excepting that its appellate jurisdiction shall not extend to civil actions at law for the recovery of money or personal property when the original amount in controversy, or the value of the property, does not exceed the sum of two hundred dollars ($200), unless the action involves the legality of a tax, im])Ost, assessment, toll, municipal fine, or the validity of a statute. The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction. Each of the judges shall have power to issue writs of habeas Powers of "^ p , . . judges. corpus to any part of the state upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself, or before the supreme court, or before any superior court of the state, or any judge thereof. Sec. 5. There shall be in each of the organized counties of eoun"°'^ this state a superior court for which at least one judge shall be elected by the qualified electors of the county at the general state election: Provided, That until otherwise directed by the legislature one judge only shall be elected for the counties of Spokane and Stevens; one judge foi' the county of Whitman; one judge for the counties of Lincoln, Okanogan, Douglas and Adams; one judge for the counties of Walla Walla and Franklin; one judge for the counties of Columbia, Garfield and Asotin; one judge for the counties of Kittitas, Yakima and Klickitat; one judge for the counties of Clark, Skamania, Pacific, Cowlitz and Wahkiakum; one judge for the counties of Thurston, Chehalis, Mason and Lewis; one judge for the county of Pierce; one judge for the county of King; one judge for the counties of Jefferson, Island, Kitsap, San Juan and Clallam; and one judge for the counties of Whatcom, Skagit and Snohomish. In any county where there shall be more than one superior judge, there may be as sessions of many sessions of the superior court at the same time as there are judges th(?reof, and whenever the governor shall direct a 96 CONSTITUTION. Tenure of office of supe rior judges. superior judge to hold court iu any county other than that for which he has been elected, there may be as many sessions of the superior court in said county at the same time as there are judges therein, or assigned to duty therein by the gov- ernor, and the business of the court shall be so distributed and assigned by law, or, in the absence of legislation therefor, by such rules and orders of court, as shall best promote and secure the convenient and expeditious transaction thereof. The judgments, decrees, orders and proceedings of any session of the superior court held by any one or more of the judges of such court shall be equally effectual as if all the judges of said court presided at such session. The first superior judges elected under this constitution shall hold their offices for the period of three years, and until their successors shall be elected and qualified, and thereafter the term of office of all superior judges in this state shall be for four years from the second Monday in January next succeeding their election, and until their successors are elected and qualified. The first election of judges of the superior court shall be at the election held for the adoption of this constitution. If a vacancy oc- curs in the office of judge of the superior court, the governor shall appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, which election shall be at the next succeeding general election, and the judge so elected shall hold office for the remainder of the unexpired term. Jiirisriictioii of Sec. 6. The superior court shall have original jurisdiction superior . ,, • • i • n i i ■ i • i courts in all cases in equity, and in all cases at law which involve the title or ])Ossession of real property, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the demand, or the value of the property in controversy amounts to one hundred dollars, and in all crimi- nal cases amounting to felony, and in all cases of misdemeanor not otherwise provided for l)y law; of actions of forcible entry and detainer; of )»rocecdings in insolvency; of actions to pre- vent or abate a nuisance; of all itialtcrs of pi'obate, of divorce, and for annulnient of marriage; and for such special cases and proceedings as are not otherwise provided foi'. The superior court shall also have original jurisdiction in all cases and oi' all proceedings in wliicli jurisdiction shall not have been \>y law v(!sled excliisi\ dy in some other court ; and said court shall have the power of naturalization, ami to issue papers tlierefoi-. They shall liav(^ such appellate jurisdiction CONSTITUTION. 97 in cases arising in justice's and other inferior courts in tlieir respective counties as may be prescribed by law. They shall be always open except on non-judicial days, and their process shall extend to all parts of the state. Said courts and their judges shall have power to issue writs of mandamus, quo Powers of warranto, review, certiorari, prohibition and writs of habeas courts, corpus, on petition by or on behalf of any person in actual custody in their respective counties. Injunctions and writs of prohibition and of habeas corpus may be issued and served on legal holidays and non-judicial days. Sec. Y. The judge of any superior court may hold a superior judges may , c 1 • 1 <• 1 • hola court in court m any county at the request or the judge oi the superior any county by court thereof, and upon the request of the governor it shall be his duty to do so. A case in the superior court may be tried by a judge 'pro tempore^ who must be a member of the bar. Pro tempore , . . . , T . , . . , . judges. agreed upon in writing by the parties litigant, or trs^ir attor- neys of record, approved by the court, and sworn to try the case. Sec. 8. Any judicial officer who shall absent himself from Leave of ab- scncG of the state for more than sixty consecutive days shall be deemed judges. to have forfeited his office: Provided, That in cases of extreme necessity the governor may extend the leave of absence such time as the necessity therefor shall exist. Sec. 9. Any judge of any court of record, the attorney gen- Removal of ju- , . , n ,• ^ dieial officer by eral, or any prosecuting attorney may be removed irom office legislature. by joint resolution of the legislature, in which three-fourths of the members elected to each house shall concur, for incom- petency, corruption, malfeasance, or delinquency in office, or other sufficient cause stated in such resolution. But no re- moval shall be made unless the officer complained of shall Proceedings, have been served with a copy of the charges against him as the ground of removal, and shall have an opportunity of being heard in his defense. Such resolution shall be entered at length on the journal of both houses, and on the question of removal the ayes and nays shall also be entered on the journal. Sec. 10. The legislature shall determine the number of •^"«*i<=®» °f t^® '^ peace. justices of the peace to be elected in incorporated cities or towns and in precincts, and shall prescribe by law the powers, duties and jurisdiction of justices of the peace: Provided, That such jurisdiction granted by the legislature shall not trench upon the jurisdiction of superior or other courts of record, except that justices of the peace maybe made police justices of incorporated cities and towns. In incorporated — '7 9s CONSTITUTION. cities or towns having more than five thousand inhabitants the justices of the peace shall receive such salary as may be provided by law, and shall receive no fees for their own use. Courts of Sec. 11. The supreme court and the superior courts shall be record. courts of record, and the legislature shall have power to pro- vide that any of the courts of this state, excepting justices of the peace, shall be courts of record. Inferior courts, Sec. 12. The legislature shall prescribe by law the jurisdic- jurisdiction of. . , ''„ ,. . t • r • '' i • i i tion and powers or any or the nirerior courts which may be established in jjursuance of this constitution. Sec. 13. No judicial officer, except court commissioners and unsalaried justices of the peace, shall receive to his own use Compensation any fees or perquisites of office. The judges of the supreme of judicial i . n <■ i • "in n officers. court and judges ot the superior courts shall severally, at stated times, during their continuance in office, receive for their services the salaries prescribed by law therefor, which shall not be increased after their election, nor during the term r^find'^e^'^^^" ^^^' which tlicy shall have been elected. The salaries of the how paid. judges of the supreme court shall be paid by the state. One- half of the salary of each of the superior court judges shall be paid by the state, and the other one-half by the county or counties for which he is elected. In cases where a judge is provided for more than one county, that portion of his salary which is to be paid by the counties shall be apportioned be- tween or among them according to the assessed value of their taxable ])roperty, to be determined by the assessment next preceiliiig the time for which surli salary is to be j)aid. Salaries of Sec. 14. Kacli of the ludo'es of the suin'eme court shall re- lud«e8. amountper ceive an annual salarv of four thousand dollars (ii>4,000); each annuiii. . " . . of the su]ierior coiii't judgi's shall receive an annual salary or tliree thousand dollars (^:5,00()), which said salaries shall be ])ayable (|uartcil\ . The legislature may increase the salaries ol' llic judges liciclii |i|-ovided. JudgcHinelijci- Si;<'. 1.0. 'J'lie iud-j-es of the suitreme court and the judges of ble to aiiv •' • . .' t. 1 1- other ofiice. tlie superior court shall be in(digible to any other omceor public eiMiiloynient tli;iii ;i judicial ollice or employment during the term for whicii they shall have been elected. Charge to jury. Si:c. 10. Judges shall not charge juries with resjiect to mat- ters of I'act, nor coiniiicnt 1 heicoii, but sh:dl declare the law. KllKlbilltyto Skc. 17. No pei'sun shall be (digil)le to tlui office of judge of Judgdhip. , . 1 ,. • .11111 tlie supreme court or judge ol a superior court unless he shall lia\(' lieeii adiiiitlcd to jnaclicc in the coiiiis of record ol" this state or of I lie Tenilory of W'asliiiiglon. CONSTITUTION. 99 Sec. 18. The iudo-es of the supi-eme court shall appoint a Reporter for '' ^ supreme court reportei- for the decisions of that court, who shall be remova- ble at their ])leasure. He shall receive such annual salary as shall be prescribed by law. Sec. 19. No iudo-e of a court of record shall practice law Judges shall . . . -a- ^'^^ practice in any court of this state during his continuance m omce. law. Sec. 20. Every cause submitted to a iudare of a superior Decision of •^ . .''... cases by supe- court for his decision shall be decided by him withm ninety riorjudge, ..." limit of time. days from the submission thereof: Provided, That it, within said jieriod of ninety days a rehearing shall have been ordered, then the ])eriod within which he is to decide shall commence at the time the cause is submitted upon such a rehearing. Sec. 21. The legislature shall provide for the speedy pub- Publication of ^ '■ . . opinions of lication of opinions of the supreme court, and all opinions supreme court, shall be free for publication by any person. Sec. 22. The ludges of the supreme court shall appoint acierkofsu- "' ^ '■ ^ '■ ^ preme court clerk of that court, who shall be removable at their pleasure, but the legislature may provide for the election of the clerk of the supreme court and prescribe the term of his office. The clerk of the supreme court shall receive such compensa- salary of. tion, by salary only, as shall be provided by law. Sec. 23. There may be appointed in each county, by the court commis- . , J, ^, . , , . • • T ■• ^1, • sioners, powers judge or the superior court having jurisdiction therein, one of. or more court commissioners, not exceeding three in number, who shall have authority to perform like duties as a judge of the superior court at chambers, subject to revision by such judge, to take depositions and to perform such other business connected with the administration of justice as may be pre- scribed by law. Sec. 24. The judges of the superior courts shall, from time Rules ot courts to time, establish uniform rules for the government of the superior courts. Sec. 25. Superior judges shall, on or before the first day of Superior •I •" * _ ' •' judges to re- November in each year, report in writing to ihe, judges of the port to su- J ^ r » ^ J & preme judges. supreme court such defects and omissions in the laws as their experience may suggest, and the judges of the supreme court shall, on or before the first day of January in each year, re- port in writing to the governor such defects and omissions in the laws as they may believe to exist. Sec. 26. The county clerk shall be, by virtue of his office, cierkofsupe- , , » , . rior court. clerk 01 the superior court. Sec. 2*7. The style of all process shall be, ''The State of ^tyi| of pro- 100 CONSTITUTION. Washington," and all prosecutions shall be conducted innts name and by its authority. Oaths of office Sec. 28. Every iudf^e of the supreme court and every judge of a superior court shall, before entering upon the duties of his office, take and subscribe an oath that he will support the constitution of the United States and the constitution of the State of Washington, and will faithfully and impartially discharge the duties of judge to the best of his ability, which oath shall be filed in the office of the secretary of state. ARTICLE V, IMPEACHMENT. Proceedings in SECTION 1. The house of representatives shall have the sole cases. power of impeachment. The concurrence of a majority of all the members shall be necessary to an impeachment. All im- peachments shall be tried by the senate, and when sitting for that purpose the senators shall be upon oath or affirmation to do justice according to law and evidence. When the gov- ernor or lieutenant governor is on trial, the chief justice of the supreme court shall preside. No person shall be con- victed without a concurrence of two-thirds of the senators elected. Impeachment c^j.^.^ 2. The sfovernor and other state and judicial officers, for what of- ^ •' ' fences. except judges and justices of courts not of record, shall bo liable to imjjcaclnnent for high crimes or misdemeanors, or malfeasance in office, but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit, in the state. The party, whether convicted or acquitted, shall, nevertheless, be liable to ])rosecution, trial, judgment and punishment according ta law. Removal from Sec. 3. All officers not liiihle to impeachment shall be sub- ject to removal for misconduct or malfeasance in office, in Buch manner as may be provided by law. Alii HI, K VI. ELECTIONS AND ELECTIVE RIGHTS. QuaiiflcationB SKfiTioN 1. All male ])ersons of the age of twenty-one years or over, possessing the following qualifications, shall be en- titled to vote at all elections: Tliey shall be citizens of the United States; they shall lia\c lived in the state one year, and in tlie county niiuity days, and in tlie city, town, ward or precinct thirty days immediately j)reeeding the election at which they offer to vote: Promded, That Indians not taxed shall never be allowe(l the ele(ttive rranchisc: Provided further. CONSTITUTION. 101 That all male persons who at the time of the adoption of this constitution are qualified electors of the territory shall be electors. Sec. 2. The lesjislature may provide that there shall be no in school *~^ clGCtioiis denial of the elective franchise at any school election on ac- count of sex. Sec. 3. All idiots, insane persons, and persons convicted of go^g^Qot^ligg. infamous crime, unless restored to their civil rights, are ex- *°''s- eluded from the elective franchise. Sec. 4. For the purpose of votino- and elio-ibility to office no Residence not '■ ^ '-_ . gained or lost person shall be deemed to have gained a residence by reason by military ^ _ , ^ ^ ... service, etc. of his presence, or lost it by reason of his absence, while m the civil or military service of the state or of the United States, nor while a student at any institution of learning, nor while kept at public expense at any poor house or other asylum, nor while confined in public prison, nor while engaged in the nav- igation of the waters of this state or of the United States, or of the high seas. Sec. 5. Voters shall, in all cases except treason, felony immunity '■ . . from arrest on and breach of the peace, be privileged from arrest during their election days, attendance at elections and in going to and returning there- from. No elector shall be required to do military duty on the day of any election except in time of war or public danger. Sec. 6. All elections shall be by ballot. The legislature Elections by shall provide for such method of voting as will secure to every elector absolute secrecy in preparing and depositing his ballot. Sec. v. The legislature shall enact a registration law, and Regristratlon ° " ' laws. shall require a compliance with such law before any elector shall be allowed to vote: Provided, That this provision is not compulsory upon the legislature, except as to cities and towns having a population of over five hundred inhabitants. In all other cases the legislature may or may not require registration as a pre-requisite to the right to vote, and the same system of registration need not be adopted for both classes. Sec. 8. The first election of county and district oflicers, not First election otherwise provided for in this constitution, shall be on the subsequent Tuesday next after the first Monday in November, 1890, and thereafter all elections for such officers shall be held biennially on the Tuesday next succeeding the first Monday in November. The first election of all state officers not otherwise provided for in this constitution, after the election held for the adoption of this constitution, shall be on the Tuesday next after the first Monday in November, 1892, and the elections for such stat 102 CONSilTUTION officers shall be every fourth year thereafter on the Tuesday succeeding the first Monday in November. All property taxed accord- ing to value: annual levies. Uniform and equal rates of taxation. Exemptions. Assessment of corporation property. Same. No tax cxcr-pt in piirHiiaiicu of law. All taxes piiiil in money. Stnfenicnt of rereiFit.i and expenditures. ARTICLE VII. REVEXUE AND TAXATION. Section 1. All property in the state, not exempt under the laws of the United States, or under this constitution, shall be taxed in propoi-tion to its value, to be ascertained as provided by law. The legislature shall provide by law for an annual tax sufficient, with other sources of revenue, to defray the esti- mated ordinary expenses of the state for each fiscal year. And for the purpose of paying the state debt, if there be any, the legislature shall provide for levying a tax annually, sufficient to pay the annual interest and principal of such debt within twenty years from the final passage of the law creating the debt. Sec. 2. The legislature shall provide by law a uniform and equal rate of assessment and taxation on all property in the state, according to its value in money, and shall prescribe such regulations by general law as shall secure a just valuation for taxation of all property, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property: Provided^ That a deduction of debts from credits maybe authorized: Provided furtJier, That the property of the United States, and of the state, counties, school districts and other municipal corjjorations, and such other property as the legislature may by general laws provide, shall be exempt from taxation. Sec. :^. The legislature shall provide l)y general law for the assessing and levying of taxes on all corjjoration ])roperty as near as may be by the same methods as are provided for the assessing and levying of taxes on individual property. Sec. 4. The power to tax corporations iind corporate prop- erty sliall not ])e surrendei-ed or suspended by any contract or grant to which the state shall be a jiaity. Sicc. 5. No tax shall be levied exi-ept in pursuance of law; and every law im})osing a tax shall state distinctly the object of tlie same, to which only it shall be applied. Sioc. j ' pledged hi aid given or loaned to, or in aid of, any individual, association, *^°°^- company or corporation. Limit of in- Sec. 6. No county, city, town, school district or other mu- debtednessof . % y • i , i • counties, cities nicipal corporation shall for any purpose become indebted in and school dis- '■ ^ ,. tricte. any manner to an amount exceeding one and one-halt per centum of the taxable property in such county, city, town, school district or other municipal corporation, without the assent of three-fifths of the voters therein voting at an elec- tion to be held for that purpose, nor in cases requiring such assent shall the total indebtedness at any time exceed five per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county pur- poses previous to the incurring of such indebtedness, except that in incorporated cities the assessment shall be taken from the last assessment for city purposes: Provided, That no part of the indebtedness allowed in this section shall be incurred for any purpose other than strictly county, city, town, school district or other municipal purposes: Provided further. That any city or town with such assent may be allowed to become indebted to a larger amount, but not exceeding five per centum additional, for supplying such city or town with water, arti- ficial light and sowers when the works for supplying such water, liglit and sewers shall be owned and controlled by the municipality. ConnticB and Sicc. 7. No county, city, town or other municipal corpora- ■hailnotVid"* lion shall hereafter give any money or property, or loan its corporal onu, ,,,,,,, ,.y ,)p (.,.,, dj^^ t„ <,,. i|, ;ii,i of any individual, association, (■Miii|i;iiiv <)i- coi-iporation, excerpt for t,he necessary suj)i)()rt of the pour and mlii'ni, ur bcfDine directly or indirectly the CONSTITUTION. 105 owner of any stock in oi* bonds of any association, company or corporation. AETICLK IX. EDUCATIO:!^". Sectioij 1. It is the paramount duty of the state to make Education of 1 •• r 1 T • ,lcis aiii| clrctioiis of otliccis, and in going tu :iiiil ret III iiiiig li'Diii tile same. Skc. C. N<» person or persons, having conscientious scruples against licaring arms, shall lie conipclied to do militia dnty CONSTITUTION. 107 in time of peace: Provided, Such i^erson or persons shall pay an equivalent for such exemption. ARTICLE XI. COUNTY, CITY AND TOWNSHIP ORGANIZATION". Section 1. The several counties of the Territoi-v of Wash- County organ- izations recog- ington existing at the time of the adoption of this constitution nized. are hereby recognized as legal subdivisions of this state. Sec. 2. No county seat shall be removed unless three-fifths Romovaiof „, i.f.Ti ci ■ 1 • county seats. 01 the qualmed electors oi the county, voting on the proposi- tion at a general election, shall vote in favor of such removal, and three-fifths of all votes cast on the proposition shall be re- quired to relocate a county seat. A jirojiosition of removal shall not be submitted in the same county more than once in four years. Sec. 3. No new countv shall be established which shall re- Organization T ',.„,,„, T of new couu- duce any county to a ])opulation or less than tour thousand ties. (4,000), nor shall a new county be formed containing a less population than two thousand (2,000). There shall be no territory stricken from any county unless a majority of the voters living in such territory shall jjctition therefor, and then only under such other conditions as may be prescribed by a general law applicable to the whole state. Every countv Chanqreof ,.,,,,, , , , ,. . , „ ' boundaries. which shall be enlarged or created trom territory taken trom any other county or counties shall be liable for a just propor- tion of the existing debts and liabilities of the county or counties from which such territory shall be taken: Provided, That in such accounting neither county shall be charged with any debt or liability then existing, incurred in the purchase of any county property or in the purchase or construction of any county buildings then in use or under construction, which shall fall Avithin and be retained by the county: Provided fur- ther, That this shall not be construed to affect the rights of creditors. Sec. 4. The leuislature shall estaldish a svstem of countv System of T • r 1 n 1 -c 1 1 " 1 \ county govern- government which sliall l)e uniiorm throughout the state, and ment. by general laws shall provide for township organization, under which any county may organize whenever a majority of the qualified electors of such county voting at a general elec- tion shall so determine, and whenever a county shall adopt township organization, the assessment and collection of the revenue shall be made, and the business of such county, and the local affairs of" the several townships therein, shall be managed and transacted in tne manner prescribed by such general law. 108 CONSTITUTION. County olB- cers, c'ompen- lation oL Vacancies. Ineligibility for more than two terms. Salaries. All counties liable for etate taxes. Municipal cor- porations, not create'i by special acts. Sec. 5. The leojislature, by general and uniform laws, shall provide for the election in the several counties of boards of county commissioners, sheriffs, county clerks, treasurers, pros- ecuting attorneys, and other county, township or precinct and district officers, as public convenience may require, and shall prescribe their duties and fix their terms of office. It shall regulate the compensation of all such officers, in proportion to their duties, and for that purpose may classify the counties by population. And it shall provide for the strict accountability of such officers for all fees which may be collected by them, and for all public moneys which may be paid to them, or officially come into their possession. Sec. 6. The board of county commissioners in each county shall fill all vacancies occurring in any county, township, pre- cinct or road district office of such county by appointment, and officers thus appointed shall hold office till the next general election, and until their successors are elected and qualified. Sec. 1. No county officer shall be eligible to hold his office more than two terms in succession. Sec. 8. The legislature shall fix the compensation by sala- ries of all county officers, and of constables in cities having a population of 5,000 and upward; except that public adminis- trators, surveyors and coroners may or may not be salaried officers. The salary of any county, city, town or municipal officer shall not be increased or diminished after his election, or during his term of office; nor shall the terra of any such officer be extended beyond the period for which he is elected or appointed. Sec. 9. No county, nor the inhabitants thereof, nor the prop- erty therein, shall be released or discharged from its or their proportionate share of taxes to be levied for state purposes, nor shall commutation for such taxes be authorized in any form whatever. Sec. 10. Corj)orati()iis for municipal purposes shall not be created V)y s))ecial laws; but the legishiture, by general laws, shall jjrovide for tin; iiicoi-poratioii, organization and classifi- cation, in ))riqMii-ti()n 1 > por;it ion to the amount of liis unpaid stock, and no more, ;ind state never be so abridged or construed as to prevent the lefirisla- mnv exercise . right. ture from taking the property and franchises of incorporated companies, and subjecting them to public use the same as the property of individuals. Sec. 11. No corporation, association, or individual shall Corporations ... 1-1 11^1 *'"'l iiidivid- issue or put m circulation as money anything but the lawful uuis shall not money of the United States. Each stockholder of any bank- except lawtui . . . . , . . , ,, money of U.S. mg or msurance corporation or joint stock association shall be individually and personally liable, equally and ratably and Liability of ' ^ ,, -, , -, stockholders. not one tor another, tor all contracts, debts and engagements of such corporation or association accruing while they remain ' such stockholders, to the extent of the amount of their stock therein at the par value thereof, in addition to the amount in- vested in such shares. Sec. 12. Any president, director, manager, cashier, or 112 CONSTITUTION. Insolvent banks shall not receive de posits. Common car- riers; rights; duticb. Certain cora- binations of forbidden. DlBcrimlnation In rates for- bidden. Shall not con- BtiUdatOi Other officer of any banking institution who shall receive or assent to the reception of deposits after he shall have knowl- edge of the fact that such banking institution is insolvent or in failing circumstances shall be individually responsible for such deposits so received. Sec. 13. All railroad, canal and other transportation com- panies are declared to be common carriers and subject to legis- lative control. Any association or corporation organized for the purpose, under the laws of the state, shall have the right to connect at the state line with railroads of other states. Every railroad company shall have the right with its road, whether the same be now constructed or may hereafter be con- structed, to intersect, cross or connect with any other railroad, and when such railroads are of the same or similar gauge they shall, at all crossings and at all points where a railroad shall begin or terminate at or near any other railroad, form proper connections, so that the cars of any such railroad companies may be speedily transferred from one railroad to another. All railroad companies shall receive and transport each the other's passengers, tonnage and cars without delay or dis- crimination. Sec. 14. No railroad company or other common carrier shall combine or make any contract with the owners of any vessel that leaves port or makes port in this state, or with any common carrier, by which combination or contract the earn- ings of one doing the carrying are to be shared by the other not doing the carrying. Sec. 15. No discrimination in charges or facilities for trans- portation shall be made by any railroad or other transporta- tion company between ])lace.s or persons, or in the facilities for the transportation of the same classes of freight or pas- sengers within this state, or coming from or going to any other state. Persons and property transported over any railroad, or by any other transportation company, or individual, shall be delivered at any station, landing or port, at charges not ex- ceeding the charges for the trans})ortation of ])erson8 and j)roperty of the same class, in the same direction, to any more ♦liHlant station, port or landing. Excursion and commutation tickets may he issued at special rates. SiiC. 10. No railroad corporation shall consolidate its stock, property or franchisoH with any other railroad corporation owning a competing line. Sec. 17. The rolling stock and other movable property be- CONSTITUTION. 113 longing to any railroad company or corporation in this state Rolling stock, shall be considered personal property, and shall be liable to ere'd to be per- . T , . , sonal property. taxation and to execution and sale in the same manner as the personal property of individuals, and such property shall not be exempted from execution and sale. Sec. 18. The legislature shall pass laws establishing reason- Regulation able maximum rates ot charges tor the transportation oi freights by -1 /. • 1 1 1 \ legislature. passengers and freight, and to correct abuses, and to prevent discrimination and extortion in the rates of freight and pas- senger tariffs on the different railroads and other common car- riers in the state, and shall enforce such laws by adequate penalties. A railroad and transportation commission may be established and its powers and duties fully defined by law. Sec. 19. Any association or corporation, or the lessees or Telegraph and •^ . ... telephone corn- managers thereof, organized for the purpose, or any individ- panics. ual, shall have the right to construct and maintain lines of telegraph and telephone within this state, and said companies shall receive and transmit each other's messages without delay or discrimination, and all of such companies are hereby de- clared to be common carriers and subject to legislative control. Railroad corporations organized or doing business in this state shall allow telegraph and telephone corporations and com- panies to construct and maintain telegraph lines on and along the rights-of-way of such railroads and railroad companies, and no railroad corporation organized or doing business in this state shall allow any telegraph corporation or company any facilities, privileges or rates for transportation of men or material, or for repairing their lines, not allowed to all tele- graph companies. The right of eminent domain is hereby extended to all telegraph and telephone companies. The legislature shall, by general law of uniform operation, provide reasonable regulations to give effect to this section. Sec. 20. No railroad or other transportation company shall Free passes, ^ r J discrimination grant free passes, or sell tickets or passes at a discount, other forbidden. than as sold to the public generally, to any member of the legislature, or to any person holding any public office within this state. The legislature shall pass laws to carry this pro- vision into effect. Sec. 21. Railroad companies now or hereafter organized or Railroads shall doing business in this state, shall allow all express companies nate against -,,.,..,. . any express organized or doing business in this state, transportation over company. all lines of railroad owned or operated by such railroad com- panies upon ,equal terms with any other express company, and 8 Hi CONSTITUTION. Trusts and monopolies forbidden. jio railroad corporation organized or doing business in this state shall allow any express corporation or company any facilities, privileges or rates for transportation of men or ma- terials or property carried by them, or for doing the business of such express companies, not allowed to all express com- panies. Skc. 22. Monopolies and trusts shall never be allowed in this state, and no incorporated company, copartnership or associa- tion of persons in this state shall directly or indirectly combine or make any contract with any other incorporated company, foreign or domestic, through their stockholders, or the trus- tees or assignees of such stockholders, or with any copartner- ship or association of persons, or in any manner whatever, for the purpose of fixing the price or limiting the production or regulating the transportation of any product or commodity. The legislature shall pass laws for the enforcement of this section by adequate penalties, and in case of incorporated com- panies, if necessary for that purpose, may declare a forfeiture of their charter. Educational, reformatory and penal i"n- etitutious. ARTICLE XIIT. STATE INSTITUTIONS. Section 1. Educational, reformatory and penal institutions; those for the benefit of blind, deaf, dumb or otherwise defec- tive youth, for the insane or idiotic, and such other institu- tions as the public good may reqijire, shall be fostered and supported by the state, subject to such regulations as may be provided by law. The regents, trustees, or commissioners of all such institutions existing at the time of the adoption of this constitution, and of such as shall thereafter be established by law, shall be appointed by the governor, by and with the ad- vice and consent of the senate; and upon all nominations made by the govei-nor, the question shall be taken by the ayes and noes, and entered upon the journal. ARTICLE XIV. SEAT OF GOVERNMENT. Permanent Skctio.v 1. The k"j,isl:it uie shall have no jtower to change, loffttlon of Hfnt ■ /. 1 • 1 1 " ofRoverniiuiit, or to locatc tlie seat 01 govciiiincnt oi this state; but the ques- JjOW CliOHCU. . » , 1 • p 1 p P tioii of the jjcrmancnt location or the scat or government or the state Hhall be submitted to the qualified electors of the Icnitory, at the elcclioii to be iield for the adoption of this coiiHlitution. A majority ot all the votes cast at said election, upon said question, shall bo necessary to determine the per- iiiaiH'iit location of the seat of government for the state; and CONSTTTUTrON". 115 no place shall ever be the seat of government which shall no'o receive a majority of the votes cast on that matter. In case there shall be no choice of location at said first election, the legislature shall, at its first regular session after the ado])tion of this constitution, provide for submitting to the qualified electors of the state, at the next succeeding general election thereafter, the question of choice of location between the three places for which the highest number of votes shall have been cast at the said first election. Said legislature shall pro- vide further that in case there shall be no choice of location at said second election, the question of choice ISetween the two places for which the highest number of votes shall have been cast, shall be submitted in like manner to the qualified electors of the state at the next ensuing general election: J^rovided, That until the seat of government shall have been Temporary permanently located as herein provided, the temporary loca- tion thereof shall remain at the city of Olympia. Sec. 2. When the seat of government shall have been How changed. located as herein provided, the location thereof shall not thereafter be changed except by a vote of two-thirds of all the qualified electors of the state voting on that question, at a general election, at which the question of location of the seat of government shall have been submitted by the legisla- ture. Sec. 3. The legislature shall make no appropriations or ex- Capitol buiid- penditures for capitol buildings or grounds, except to keep the territorial capitol buildings and grounds in repair, and for making all necessary additions thereto, until the seat of government shall have been permanently located, and the public buildings are erected at the permanent capital in pur- suance of law. ARTICLE XV. HARBORS AND TIDE W^ATERS. Section 1. The legislature shall provide for the appoint- Harbor line „ .. -, -11,, , -, commission. ment or a commission whose duty it shall be to locate and establish harbor lines in the navigable waters of all harbors, estuaries, bays and inlets of this state, wherever such naviga- ble waters lie within or in front of the corporate limits of any city or within one mile thereof upon either side. The state shall never give, sell or lease to any private person, corpora- tion or association any rights whatever in the waters beyond such harbor lines, nor shall any of the area lying between any harbor line and the line of ordinary high tide, and within not less than fifty feet nor more than 000 feet of such harbor line 116 CONSTITUTION. aud docks. (as the commissioners shall determine) be sold or granted by the state, nor its right to control the same relinquished, AreM reserved ]ju^ such area shall be forever reserved for landinsjs, wharves, for wharves ^ ' ' and landings, streets and Other conveniences of navigation and commerce. Leasing of Bites gj^^^ 2. The lesiislature shall provide general laws for the for wharves » r » leasing of the right to build and maintain wharves, docks and other structures upon the areas mentioned in section 1 of this article, but no lease shall be made for any term longer than thirty years, or the legislature may provide by general laws for the building and maintaining upon such area, wharves, docks and dther structures. Sec. 3. Municipal corporations shall have the right to ex- tend their streets over intervening tide lands to and across the area reserved as herein provided. Shall not be sold at less than market value. Lands for edu- cational pur- poses sold to nighest bidder at public auc- tion. School lands, bow Bold. AETICLE XVI. SCHOOL AISTD GRANTED LAISTDS. Section 1. All the public lands granted to the state are held in trust for all the people, and none of such lands, nor any estate or interest therein, shall ever be disposed of unless the full market value of the estate or interest disposed of, to be ascertained in such manner as may be provided by law, be paid or safely secured to the state; nor shall any lands which the state holds by grant from the United States (in any case in w^hich the manner of disposal and minimum price are so prescribed) be disposed of except in the manner and for at least the price prescribed in the grant thereof, without the con- sent of the United States. Sec. 2. None of the lands granted to the state for educa- tional purposes shall be sold otherwise than at public auction to the highest bidder. The value thereof, less the improve- ments, shall, before any sale, be appraised by a board of ap- praisers, to be provided by law, the terms of payment also to be prescribed by law, and no sale shall be valid unless the sum l>id be equal to the appraised value of said land. In estimating the value of such lands for disposal, the value of the improvotiicnts tlicreon shall be ext-luded: Provided., That the sale of all school and university laml lierctofore made by the conimissionerH of any counly or the university commissioners, when the purchase price has been paid in good faith, may be coiiliiincil l»y the i(^l I lie same, are hereby assiiineil by this stale. Fourth: rrovision sIimII Ik- niaiic for 1 lie (•st;il»lisliin('n(, and Miaintcnanc-e of systems of |inhlic scliuols fret' I'roni sectarian coiiti-ol, wliii-ii sIimI! lie oiicn tn ;ill the cliildreii ol' said state. CONSTITUTION. J 23 AKTICLE XXVn. SCHEDULE. In order tliat no inconvenience may arise by rea!rovidcd all members of the board actually attend the meeting and participate in its transactions. That is to say, the directors cannot attend a meeting of the l)oard and OPINIONS AND RULINGS. 131 participate in its transactions and then plead that the proceedings were illegal because of a lack of notice required to be given by the clerk. 3. In the absence of any by-law of the board prescribing the manner of calling them, special meetings of the board of directors may be called by the chairman, or by a majority of the board. 4. A written record of the proceedings of all board meetings must be kept by the clerk. Should the clerk be absent from any meeting of the board, one of the directors must be chosen to act as clerk of the meeting, and he must present a certified copy of the record made by him to the clerk, who must record the same in his record book. 5. A board of directors may authorize the use of a school house for night schools, or for the meetings of literary, scientific, religious, politi- cal, mechanical or agricultural societies, but under such restrictions and regulations as will secure immunity from damage to the school, school property, or to the books or other property of the pupils who may be in attendance. The spirit of the law is, that school houses shall be used for public school purposes, and all incidental uses must be under such re- strictions as to result in no injury to the school or to the school property. 6. Boards of directors and other school officers possess such powers as are delegated to them by law, and such other implied powers as are nec- essary in order to transact all business pi-escribed by law. v. Boards of directors cannot lawfully buy real estate for the use of the district, nor sell real estate belonging to the district, except when directed to do so by a vote of the people. 8. Every school district which fails to maintain a public school during at least three school months within each school year, forfeits its right to all apportionments of school funds by the county superintendent. 9. In case a school district shall fail to elect officers at the time and in the manner prescribed by law, the officers whose terms of office expire at the time such election should take place, do not hold over or continue in office until the next election, but the offices which they hold become vacant, and can only be filled by appointment, as special elections cannot be held for the election of such officers. That is to say, an officer who is elected or appointed to any office for a specific time, "and until his suc- cessor is elected and qualified," has no legal claims upon the office for a greater period than that for which he was elected or appointed, and it is the right of the people to demand the appointment of his successor, and it is the duty of the county superintendent to appoint him; but should no appointment be made, it is the duty of the officer whose time has expired to continue to discharge the duties of his office until his successor is elected or appointed and qualified, as the law directs. He is an officer de facto, and his acts are just as legal as they were prior to the expiration of 132 OPINIONS AND RULINGS. the time for which he was elected or appointed. His legal claim to the office has simply ceased. 10. Appointments of officers made by a county superintendent do not extend beyond the time of the next annual election. 11. Joint districts, that is, districts lying partly in one county and partly in another, cannot be formed under existing laws, but all joint dis- tricts that had a legal existence prior to March 27, 1890, are recognized as legal school districts, and the boundaries of such districts cannot be dis- turbed or altered except by the joint action of the superintendents of the several counties in which they lie. 12. A teacher does not forfeit his certificate by non-attendance at a teachers' institute, but simply renders xt forfeitable in case he has not a valid excuse for non-attendance. In other words, 2^ forfeiture does not and cannot exist until a declaration of the forfeiture has been made by the proper authority, which in this instance is the county superintendent. It is proper that the county superintendent should investigate each case and detei'mine whether the excuse offered for non-attendance is valid or not. In case it is not, the superintendent should demand the certificate, and upon the refusal of the party to surrender it, should publish the fact that the certificate has been forfeited, and also make a record of his action. 13. A county board of examiners has the right to withhold a certificate until the fact of a good moral character is established. 14. In case a teacher is convicted, in a court of justice, of any offense that would justify a county board of examiners in withholding a certifi- cate from him, the county superintendent has the right to revoke his cer- tificate without further investigation, but where the person is only accused of the offense, he has a right to an investigation, at which he may appear in his own defense. 15. If a county superintendent knows a teacher to be immoral, or to be guilty of any offense which would justify a county board of examiners in withholding a certificate from him, the county superintendent should revoke the certificate of the teacher, even though no formal charges are )»referred against him. In other words, the county superintendent has the right, and it is his duty as a protector of the people from imposition, to make the charge himself, if it is not made by others. Ifi. 'i'he basis of all apj)orlioninents of school funds must be the num- ])er of cliiMrcii of scliool age residing in the district June 1st, and no ac(;ouiit (;aii be taken of ;iiiy who become i-esidcnts of the district subse- (juciit to lliat date. 17. A county superintendent imiHt k('(!|) his office open, at the county Heat, at least one day each week. 18. A board of directors cannot dismiss a teacher simply because the OPINIONS AND RULINGS. 133 teacher is unpopular, or does not give general satisfaction. They must first establish the fact that he is incompetent, or that he has violated the law or the terms of his contract. Neither can boards of directors make contracts that are not in accordance with law. 19. For the purpose of visitation by the county superintendent, the term "school," as used in the second subdivision of section 11 of the common school law, and also in section 17 of the same act, is construed to mean a department or room — a distinct collection of pupils under the supervision or instruction of a teacher, though that department, room or collection, may be but a part of the system or systems of schools of a city or town. Any other interpretation of the term would defeat the primary object of the law. 20. All persons between the ages of five and twenty-one years, whether married or single, residing in any school district on the first day of June, should be enumerated by the school district clerk, except such Indian children and Mongolian children as are excluded from enumeration by the proviso found in the third subdivision of section 34 of the common school law. The simple fact that a person is married does not debar him or her from the privileges of the common school in this state, under existing laws. 21. The funds provided for in section 52 of the common school law may be used not only for the payment of teachers' wages, but for paying the expenses of repaii's, the payment of rents, the purchase of fuel, cray- ons and other incidentals, and the supplying of such equipments as are necessary to the successful management of the school. 22. That provision of section 53 of the common school law ( as amended by sec. l'7,chap. 127, Laws 1891) which requires the school district clerk to certify to the county auditor the levy of special taxes on or before the first day of September of the year in which the levy is ordered to be made, is not mandatory in regard to the time of making the certificate. That is to say, a failure to make the certificate on or before the first day of September does not invalidate the levy. The county auditor may lawfully receive the certificate and enter the levy upon his books at any time prior to closing them. But a special tax levied one year cannot be certified and entered upon the auditor's books the next year. Any special levy is based upon the assessment of the year in which it is made, and it cannot consistently be based upon the assessment of one year and collected upon the assess- ment of another. 23. In the formation or alteration of a school district the county com- missioners have no jurisdiction in the matter whatever, unless an appeal be taken as provided by law. 24. A county superintendent may lawfully appoint the officers of a new school district as soon as the time for taking an appeal has expired, pro- 134 OPINIONS AND RULINGS. vided that no appeal has been taken; and in case an appeal shall be taken and his action shall be confirmed by the county commissioners, he should appoint them as soon as the decision is rendered. 25. When the officers of a new school district have been appointed, and have qualified according to law, the new district is fully organized and possesses all the powers of any other school district, though by a failure to have the required amount of school within one year it may forfeit its organization and cease to exist as a corporation. 26. The terms of office of all the first officers of a new school district expire at the time of the first annual election succeeding its organization, whether those officers were appointed by the county superintendent or hold their positions by virtue of a previous election in the old district or districts from which the new district was taken. They are only tempo- rary officers in either case. 27. In apportioning the funds of a school district that has been divided in the formation of a new district, as provided in section 22 of the common school law (chap. 12, Laws of 1889-90), the county superintendent should not take into account any indebtedness of the old district that was con- tracted subsequent to the time of the division. The intention of the law is to secure an equitable division of all funds belonging to the district at the time of the division, or of the funds which shall come into its posses- sion by reason of the property or school children embraced in it before the division; and to permit the old district to claim an offset for debts contracted after the division would be to defeat the object of the law. 28. The law requiring a county superintendent to grant temporaiy certificates under certain conditions is mandatory, provided that the con- ditions contemplated by the law are complied with; and the certificate in lieu of which the temporary certificate is granted, or upon which the ap- plication is leased, need not be a certificate which is in full force and effect at the time the application is made. L'it. The annual election of school district officers can only be held on the day and within the hours named by law, and all so called annual elftctions that are not so held are illegal and wholly void. '.',(). It is not lawful for a resident of a district living too far from the school house for his chil(lr(;n to attend school to draw from the district the amount of money which the said ii|iils of 1 he dist rict. 'I'lic fact that, tlu; IcacluM" of such school OPINIONS AND RULINGS. 135 may hold a valid teacher's certificate does not alter the case so long as the school is not nnder the exclusive control and management of the board of directors, and open to all children of school age residing in the district. 31. A board of directors cannot legally employ a minor child of one of the directors to perform services for the district unless such child has been first emancipated by its parent. Unless the child has been emanci- pated, the parent may lawfully claim its wages, and thus the director would be placed in the attitude of auditor of his own accounts against the district. .32. The powers and duties of a superintendent of common schools, under the law, are mainly executive and supervisory. lie has, in addi- tion, limited judiciary power in cases of hearing petitions and appeals; but in the exercise of this power he should not lay aside his executive and supervisory functions and assume the attitude of a judge in a case at law, leaving to the parties interested the entire burden of conducting the investigation. He should, on the contrary, exercise his other ofticial powers to the extent necessary to enable him to thoroughly investigate the matter before hira, elicit all necessary testimony, and thus have at hand the data upon which he will be able to render the just and equitable decision required of him by the law. FORMS FOR USE OF SCHOOL OFFICERS AND TEACHERS. Form No. 1. County Siqyerinfendeut's Anmial Report to State Superintendent of Public Instruction. [Not printed witli laws.] Form No. 2. Report of Defective Youth. To THE Board of Commissioners of County, Washington: I herewith transmit to you a report of all defective youth residing in your county, as reported to me by the clerks of the several school districts of the county. Dated this day of , 18—. Supt. of Com. Schools, - • County, Washing^n. Name of youth. Character of ail- meiU. Name of parent or guardian. Postoffice address of parent or guardian. Hhmarks. — This report should be made to the county commissioners at their August meet- ing, an<- gninled and the sehool district formed as prayed for. Dated this day of , 1«"J— . (Signed) , Supt. of ( 'oni. Schools, County, Washington. Ukmakkh. — Twenty ilays' notie*- must be given. See eomniDii seliool law, seeliou I'.). (130) FORMS. 137 Form No. 4. Notice of Meeting to Investigate a Petition for the Alteration of School District Boundaries. Notice is hereby given that a meeting will be held at on the day of , 18 — , at the hour of — o'clock — m., for the purpose of investigating a petition which was filed in my office on the day of , 18 — , praying for changes in the boundaries of School Districts Nos. —— and in the county of , State ofWashington, as follows, viz.: And all parties are hereby notified that a full and fair investigation will be made at the time and place above stated of all inatters pertaining to said change of boundaries, and that if it shall be deemed advisable, the petition will be granted and the changes made as above described. Dated this day of , 189—. (Signed) , Supt. of Com. Schools, County, Washington. Remarks. — Twenty days' notice must be given. See section 20 of the common school law. Form No. 5. Certificate of Formation of School District. To THE Board of Commlssioners of County, Washington: I, , superintendent of common schools in and for county, State of Wash- ington, do hereby certify, that on the day of , 189 — , I did, in accordance with law, form a school district in said county, and designate it "School District No. — , county, Wash- ington," and prescribe for it the following boundaries, viz.: Witness my hand at my office this day of , 189 — . Supt. of Com. Schools of County, Washington. Form No. 6. Certificate of Alteration of School Distr'ict Boundaries. To THE Board op Commissioners of County, Washington : I, , superintendent of common schools in and for county, State of Washing- ton, do hereby certify, that on the day of , 189 — , I did, in accordance with law, change the boundaries of School Districts Nos. and of said county, as follows, viz.: Witness my hand at my office this day of , 189 — . Supt. of Com. Schools, County, Washington. 138 FORMS. Form No. 7. County SuperintendenV s Order, Forming a School District. Whereas, In compliance with a petition praying for the formation of a school district in the county of , State of Washington, which petition was tiled in my oflice on the day of , 189 — , a meeting to investigate all matters pertaining thereunto was held at on the day of , 189 — , of which meeting due notice was given as required by law; and it appear- ing from said investigation that the prayer of the petitioners should be granted: Noiv, therefore, I, , superintendent of common schools in and for said comity, do hereby form said school district and designate it " School District No. — , county, Washing- ton," and prescribe for it the following boundaries, viz.: And all persons affected by this action are hereby notified, that unless an appeal from this action be taken, as provided by law, this action will be final ; that it will be certified to the county commissioners at their next regular meeting, and that the officers of the district will be appointed as provided by law. Dated this dav of , 189—. (Signed) , Supt. of Com. Schools, County, Washington. Remarks. — Three of the above notices should be posted in the new district, and all except the notice following the description of the boundaries should be entered in the superintendent's record book, together with action of county commissioners in case of an appeal, after final action is completed. Form No. 8. Conntij SuperintendcnVs Order, Changing School District Boundaries. Whereas, In compliance with a petition praying for the alteration of boundaries of .School Districts Nos. and in county. State of Washington, which petition was filed in my office on tlie day of , 18 — , a meeting to investigate all matters pertaining thereunto was held at , on tlie day of , 18 — , of whicli meeting istrict No. to Hdiool District No. , as Ibllows, viz.: And all persoiiH afl'ected by this action are hereby notified, that unless an appeal .shall be taken aH jjrovided l)y law, this action will be final, and that it will be certified to the board of county coininiHHioncrs at their next regidar meeting. J>ated thiH day of , IH— . Supl. Ill' Com. Schools of ('oiinty, Washington. Hi.MAiiKM. .\l IcMHl oil. ((.p. \ of Ibis notice sliould l.r poslcil iiiciiili district alVccted by the change, ami a record of llie ehangc should lie- iiiinle in llie sii|ierinleii(leiil's olVicc. FORMS. 139 Form No. 9. Certificate of County Superintendent to County Treasurer, Showing Amount oj Funds Apportioned to Each School District. To Mr. , TEEA.SURER OF County, Washington : I hereby certify that I have this day apportioned the school funds belonging to the several school districts of county, Washington, now in your hands and subject to apportionment, as shown by certificates now on file in my office, and that the several school districts are entitled to the amounts set opposite their respective numbers, as follows: «!tntP fund -f Amount per teacher., fetate fund ^^ Amount per pupil .% . .1 . /~i 4. i^ J f Amount per teacher.. County fund....|^,^^^,jj,t ^^^ ^^^^^^ ..S . t?! ^ !^ >! >, t; ^-P a- .5^ a.? •^ 1^ ^-^ i.--> a. as 11 Amounl Amount ?!• II Amount Am,ount of state of county Total. ~ of state of county Total. funds. funds. ~ '^ '^ funds. fu7ids. s s ?IU Ss- 2 ~b S.S as a: : S- : S- ». ■ i- a : 2l o $ c. 1 c. $ e. o $ c. « c. $ c. Dated this • day of - (Signed) Supt. Com. Schools, ■ County, Washington. Form No. 10. Form for Notifying District Clerk of the Amou7it of Funds Appo?'tioned to his District by County Superintendent. To Clerk of School District No. , County, Washington: day of I hereby certify that on the follows: State school fund, $ ; county school fund, . 9 Dated this day of , 18 — . , 18 — , funds were apportioned to your district as total, $ . (Signed)- Supt. Com. Schools, ■ ■ County, Washington. 140 FORMS. Form No. 11. Appointment of Assistant Examiners . To , Greeting : This is to certify that I have this day appointed, and by these presents do appoint and consti- tute you an examiner of teachers in and for the county of , State of Washington, for a term of one year from and after this date. Dated this day of , 18—. (Signed) , Supt. Com. Schools, County, Washing^ton. Form No. 12. Appointment of Director or Clerk to Fill Vacancij. By virtue of authority in me vested by law, I hereby appoint to the ofiSce of - of School District No. , of County, State of Washington, to fill a vacancy caused by [here state cause of vacancy] ; said to continue in office until the next annual school election, and until his successor is elected and qualified according to law. Done this day of , 18 — . (Signed) . Supt. of Com. Schools, County, Washington. OATH OF OFFICE. State of Washington, County of , ss. I, , do solemnly swear ( or affirm ) that I will support the constitution of the United States and the constitution of the State of Washington ; that I will endeavor to promote the in- terests of education, and will faithfully discharge the duties of of School District No. , in the county of , in said state. So help me God. (Signed) . ( Postoffice ) . Subscribed and sworn to before me this day of , 18 — . [Here state official character of otliccr who administered oath.] Form No. 14. Endorsement of Certificate by Vountij Board of Exaniiners. 'J"h«- witliin certificate is hereby endorsed and declared to be a valid certificate for c«>UMty, State of WuHliirigton, for the unexpired portion of the term for which the same was granted. , [- Itoard of Kxaminers of Comity, Washington. ItKMAUKM, — lOnilorHctnciits by lioards of ICxuniinerH can l>f made only at tlioir regular moet- ln({». A record of the certificate ho endor.HiMl should be made I)y tlie county superintendent, showing (crnIIh will be <»i)cn from — o'clock — m., to — o'clock — M. Hy order of the board of directors. DuU-d tliiH day of , 18—. School District Clerk. Rkmakkh. — Tbrt-e of tlicHc ludiccH numl be posted at least ten days prior to the day of elec- tion, one of which nuist be ut the i)la(!(! of holding the election. All elections should be held at the school lif)ii.m' if there be f>Me. FORMS. 143 Form No. 22. Notice of Election to Vote Special Tax. Notice is liereby given that a special election will be held at , in School District No. , of county, State of Washington, on the day of , 189—, for the purpose of determin- ing whether a special tax of — mills on the dollar shall be levied upon all taxable property in said school district, for the purpose of Those in favor of said tax levy will vote, "Tax, yes;" those opposed, "Tax, no." The polls will be open from — o'clock — M., to — o'clock — M. By order of the board of directors. Dated this day of , 18 — . (Signed) , School District Clerk. Remarks. — All elections must be held at the school house, if thei-e be one. At least three notices must be posted at least ten days, one of which must be at place of holding election. Form No. 23. Notice of School District Bond Election. Notice is hereby given that a special election will be held at , in School District No. — , County, State of Washington, on the day of , 189 — , for the purpose of deter- mining whether or not the directors of said school district shall borrow money and issue bonds of the district in the sum of dollars, for the purpose of Said bonds, if issued, shall bear a rate of interest not to exceed 10 per centum per annum, payable annually; the bonds to be payable and redeemable in years after date: *Pro- vided. That said school district reserves the right to pay or redeem said bonds, or any of them, at any time after years from the date thereof. The election will be by ballot. Those in favor of the issuing of bonds as above specified, will vote, " Bonds, yes ; " those opposed, " Bonds, no." The polls will be open from — o'clock — m. to — o'clock — m. By order of the board of directors. Dated this day of , 189—. (Signed) , School District Clerk. Remakks. — All elections must be held at the school house, if there be one. At least three notices must be posted at least ten days, one of which must be at the place of holding election. *If the Directors do not desire the option of paying the bonds, or any part of them, before the maximum limit stated in the notices, this clause should be erased. Form No. 24. Notice of Employment of Teacher and Commencement of Term of School, to be sent to County Superintendent on or before the day on which school begins. To THE SrPEEINTENDENT OF COMMON SCHOOLS, OP CoUNTY, WASHINGTON : You are hereby notified that the board of directors of School District No. , of county, has employed M to teach a term of months in said district, commencing on the day of , 18—, at a salary of | per month. [If a teacher is to be boarded so state.] Dated this day of , 18 — . (Signed) , Clerk of District No. . Remarks. — This notice should always be sent pronnptly. 144 FORMS. Form No. 25. District Clerk'' s Certificate to Directors. To THE Directors op School District No. , County, Washington : I hereby certify that all reports required by law to be made by teachers to school district clerks or to county superintendents have been made by ■, that the register has been properly kept, and that said is now entitled to an order in full payment of his ser- Tices as teacher. Clerk of School District No. . Remarks. — Directors shall not sign warrant for last month's salary before receiving this certificate, or satisfying themselves, by personal inspection, that all reports have been made. Form No. 26-a. Certificate of Special Tax Levy. (When ordered by vote of electors.) State of Washington, I County of , / To the Auditor of County, Washington : I, , clerk of School District No. , of said county, do hereby certify that at a special election, duly called and held in said school district, on the day of , 189 — , it was voted by the legal electors of said school district that a special tax of — mills on the dollar be levied on all the taxable property of said school district, as shown by the assessment roll for the year 189—. Witness my liand this day of , 189 — . Clerk of School District No. , County, Washington. Remark. — This certificate must be filed with the auditor on or before the first day of Septem- ber. The directors of a school district may levy a tax not exceeding five mills on the dollar. Form No. 26-h. Certificate of Special Tax Levy. ( Wlicn levied by school district directors.) Statk OK Wahhington, 1 ^^ County ok , / To THB AuurroH ok County, Washington: I , clerk of Hdiool DlHtrict No. , of said county, do hereby certify that at a meet- inK of the. hoard of ilir<-ctorH duly licld in Huid school district, on the ardH of directors may levy a Hp(!cial tax of live mills or less without a vote of the people. FORMS. 145 Form No. 27. Order of School District Officers on County Treasurer. , Washington, , 18—. Treasurer of County, Washington : Pay to , or order, the sum of dollars out of the [here state what fund] funds of School District No. , of said county, for [here state for what service] and charge the same to the account of said district. Countersigned, (Signed) ,\ , , .-Directors. Clerk School District No. . , ) Form No. 28. Certificate of Election to he Oiven by Clerk of Annual School Meeting to Officers- Elect. To , Greeting : This is to certify that at the annual election of School District No. , of county, State of Washington, held on the day of June, 18 — , you were duly elected to the offlce of of said district for a term of years, beginning on the first Monday in * next succeeding said election. Dated this day of , 18 — . ( .Signed , Clerk of District School Election. Remarks. — This notice should be retained by the officer elected. ♦Directors take office on the first Monday in July; clerks on the first Monday in August. Form No. 29. Certificate of Election and Oath of Office. To Superintendent of Common Schools of County, Washington : I hereby certify that at the annual election of School District No. , county, State of Washington, held on the day of June, 189 — , M— was duly elected to the office of of said district for a term of years, beginning on the first Monday in * next suc- ceeding said election. I further certify that h — postoffice address is , State of Washington. ( Signed ) , Clerk of Annual School Election. OATH OF OFFICE. State of Washington, County of , ss. I, , do hereby solemnly swear ( or affirm ) that I will support the constitution of the United States and the constitution of the State of Washington; that I will endeavor to promote the interests of education, and will faithfully discharge the duties of of School District No. , in the county of , in said state. So help me God. (Signed) , Subscribed and sworn to before me this day of , 189 — ■. (Here state official character of officer who administers oath.) Remarks. — This notice should be given to the person elected, who must qualify on or before the day designated for him to take office, and send the oath and certificate above to the county superintendent. He must also file with the county treasurer his signature, certified to by some school officer. The treasurer cannot pay or register any warrants signed by any school officers whose signatures, so certified, are not filed in his office. The county superintendent should not recogrnize any one as director or clerk whose oath is not on file in his office. ♦Directors take office on the first Monday in July, and clerks on the first Monday in August. —10 146 FORMS. Form No. 30-a. Teacher's Term Report to Cotrntij Superintendent or District Clerk [Not printed with laws.] Form No. 30-c. Teacher's Annual Report to County Supierintendent or District Clerk. [Not printed with laws.] Form No. 31. Teaclier's Contract. It is hereby agreed, by and between the directors of School District No. , county of , State of Washington, and , the holder of a teacher's certiticate now in force in said county, that said teacher is to teach, govern and conduct the public school of said district to the best of h — ability, follow the course of study lawfully adopted, keep a register of the daily at- tendance of each pupil attending said school, make all reports required by law or by lawful authority, and endeavor to i)reserve in good condition the school house, grounds, furniture, ap- paratus, and such other property of the district as may come under the immediate supervision of said teacher, for a term of school months, commencing on the day of , 189 — , for the sum of dollars per month, to be paid at the end of each school month, out of the funds of said school district, upon a warrant drawn by the directors of said district and payable by the county treasurer : Provided, That if said teacher shall be legally dismissed from school, or shall have h — certificate lawfully annulled by expiration or otherwise, then said teacher shall not be entitled to compensation from and after such dismissal or annulment: Provided further, That the wages'of sai I .H OK CoUNTV, WASHINGTON: You are hereby nolilled that I have been employed to teach a term of months in School DiHlrlet No. , county, HUiU: of Washington, at a salary of t per month, said. (Signed ) . me God. Subscribed and sworn to before me this • day of - 18- [Here state official character of the officer administering oath.] Remarks. — All appeals must be taken within thirty days of the act, order or decision com- plained of. Form No. 36. Petition to County Superintendent, Praying for Formatio7i of a New School District. To the Superintendent of Common Schools County, Washington: We, the undersigned, being heads of families and lawful petitioners for the purpose herein set forth, do hereby petition you to form a school district in the county of , State of Wash- ington, with the following boundaries, viz.: [Here describe boundaries.] Our reasons for asking for the formation of the above described district are as follows, viz.: [Here give reasons.] Fol- lowing is a correct list of the names of children of school age residing within the limits of the proposed district, viz.: [Here insert the names of children of school age.] Signed. Signed. Dated this day of - -,18- Remaiiks. — This petition must be signed by at least five heads of families, who are bona fide residents of the proposed district. Form No. 37. Petition to County Superintendent, Praying for Alteration of Boundaries of School District. To the Ht'l'ERINTENDENT OK CoMMON SCHOOLS, COUNTY, WASHINGTON : We, the undc-rsignefl, being heads of families and lawful petitioners for the pmpose herein «et forth, do hereby petition you to change the boundaries of School District No. , of county, Wushinglon, as follows, viz.: [Here deHcril)e change desired.] Our reasons for desiring miid change of bouiidaricH are as follows, viz.: [Here give reasons.] Following is a correct list of the nann-M of cliildrcn of school age residing on the territory which it is desired to have trans- ferred : [ Here jfive list of immeu.] aigntd. Signed. Dated thiB day of - -,1»-. FORMS. 149 Form No. 38. Teacher's Register. [Not printed with laws.] Form No. 39. School District Election Poll Book. -, of • coiinty, State of Washing- ■ being chosen judges of said elec- Poll book of an election held in School District No. ton, on the day of , 18 — , and tion, and clerk, all being duly sworn as required by law, before entering upon the duties of their respective offices. Number and names of electors voting. 1, 2, 3 4., 5.. 6.. Tally list. Tally list. We hereby certify that the whole number of electors voting at this election amounts to ; that the whole number of ballots cast at this election amounts to ■ votes ; that received votes, etc., etc. Attest : received Judges. Clerk of Election. Kemakks. — Election boards will vary the tally list and certificate to suit the nature of the election. If it be for the election of officers at an annu&l election, the name of each person voted for must be entered on the tally list, and a tally of the votes cast for him must be placed opposite his name. If the election be for voting a special tax or for voting bonds, the number of votes for and against the proposition must be entered on the tally list. The certificate must simply con- tain a summary of the vote as shown by the tally list. Election boards are chosen by the electors. The school district officers, or any part of them, may be chosen as an election board. The poll book and all other papers should be delivered to the clerk of the school district. Attached to the poll book should be the oaths of judges and clerk of election. 150 FORMS. Form No. 40. Oath of Judges of Election. State of Washington, County of , ss. We, and — : , do solemnly swear that we will, as judg;es of an election to be held in and for School District No. , of county. State of Washington, on this day of , 18—, duly attend said election during its continuance ; that we will not receive any vote or ballot from any person other than such as we firmly believe to be duly qualified voters at said election, according to law; that we will make a true and perfect return of said election, and will in all things faithfully and impartially discharge our duties as judges of said election to the best of our judgment and ability; and that we are not directly or indirectly interested in any bet or wager on the result of said election. So help us God. , ' . Judges. Subscribed and sworn to this day of , 18 — . Here state official character of officer administering oath.] Form No. 41. Oath of Clerk of Elrclion. State of Wa.shington, County of , ss. I, , do solemnly swear that I will, as clerk of an election to be held in and for School District No. , county of , State of Washington, on this day of , 18 — , duly attend .said election during its continuance; that 1 will record on the poll book of said election the name of each person voting thereat, and faithfully and impartially discharge the duties of clerk of said election ; and that I am not directly or indirectly interested in any bet or wager on the result of said election. So help me God. SuV)scribed and sworn to ))efore me tliis day of , 18—. Clerk of Election. Here state official character of officer administering the oath. A director may administer it.] Form No. 42. CertiJictUe of Bond Ktcclion. State ok WASiiiNciTo.N, I County ok j 'I'O TIIIC TllEAHUKKK OK CoUNTV, WaSII I.\(;T0N : We, tlic unilcrsigned, directors of Hclibol District No. , of county, State of Washing- t«iri, do liercby certify that at an elc>ctif)n held in said school district on the day of , 18 — , it was voted that the l>onds of said district sliuU he issneil )iy tlic ilirectors thereof in the sum of doMiirs, payable — years after ilate, with interest at the rate of — per cent, per annum, pay- nble annually; *and we further certify that the board of directors of said district reserves the riKht to redeem suid bonds as follows, vi/,.: WitneHH our liandH thiH day of , 18 — . Atteut: , J School District Clerk. , \ *'\'hv people determine, at the cli'il inn. the niiixiiiinni liiiii' the bonds arc to run. If the directors re.m-rvc! tin- ri({bt to pay the IkhmIs or miy portion of them prior to that dale, they shall specify Huch intention In their certiUcati' lonnty tr<'asurcr, to guidchiminhisadverti.se- nient; if the directors do not reserve sik li liulil. this ilausc niiiy be uniillrd rruiii their (•ertilleato t«i treiuinrer. FORMS. 151 Form No. 43. Teacher's Teiuporarij Certificate. <'<)MMON .SCHOOLS OF THE STATE OK WASHINGTON. This is to certifv that ■ , having filed in my office legal evidence of being a person of good moral character, and of possessing ability to teach and govern, is hereby granted this temporary certificate, which entitles h — to teach in the common schools of county, Wash- ington, until the next regular examination of teachers in said county. This certificate is granted upon the following evidence of ability to teach, viz. Valid until • Dated this - ■ day of ■ Supt. Com. Schools, Co., Wash. Form No. 44. County Superintendent's Certificate that All Reports Have Been Made. Office of Superintendent of Common .Schools, County, Washington, , 189—. County, Washington : — , has made all reports due To THE Boakd of Uirectobs of School Distkict No. , I hereby certify that , clerk of School District No. from said district, to the countj' superintendent, for the quarter last past, including the following : County Superintendent. Remarks. — This certificate is recjuired to be made out and forwarded, on or before the last Saturday of February, May, August and December, of each year, to all clerks who have made all reports required by law, and the Board of Directors is forbidden to audit any account or issue any warrant for services performed by any clerk until this certificate is filed with them. Form No. 45-a. lieport of County Huperintendent to Siiper intend cut of Public Instruction of School Directors Elected and Qualified. To THE Superintendent of Public In.stkiction, Olympia, Washington : You are hereby notified that the following named persons were duly elected directors of the school districts indicated, at the annual school election held on the • day of June, 189 — , and that the oath of office of each of said persons has been filed in my ofHce as required by law : No. of dist. Name of director. Duration of term. Postoffice address. Remarks. Supt. Com. Schools, 152 FORMS. Form No. 45-b. Report of Connty Superintendent to Superintendent of Public Itistrnction of School District Clerks Elected and Qualified. To THE SfPEEINTENDEXT OF PUBLIC INSTRUCTION, OLYMPIA, WASHINGTON: You are liereby iiotifled that the following named persons were duly elected clerks of the respective districts indicated, at the annual school election held on the day of , 18 — , and that the oath of office of each of said persons has been filed in my oflSce as required by law. No. of dist. Name of clerk. Postoffice address. Remarks. Dated this - ■ dav of - -,18—. Supt. Com. Schools, Co., Wash. Form No. 46. Report of County Superintendent to Sujyerintendent of Public Instruction of the Ap23oi7itment of a School District Officer. To THE Superintendent of Public Instruction, Olympia, Washington : You are hereby notified that , of , has been appointed to the ollice of of School District No. , of county, Washington, in place of ; that he has qualiticd as such officer, and that his oath of office has been filed in my office as required by law. I )ated this day of , 18—. , Supt. Com. Schools, Co., Wash. Form No. 47. Report of Teachers' Institute, County, Washington. ■ on tlie day of In.stitute convened at ■ instructorw, , , ■ rolled, ; total expense of institute paid by county, ' -, 18 — . Conductor, ■ No. of days institute was in .session, • , of No. of teachers en- SCHEDULE OF ATTENDANCE. NamrM. I'listofficf nddrrss. No. days attendance. No. of months' or pears' experience had as a teacher. • day of ,18-. f bounty .Superintendent. -TIiIm ri-piirf in n-quin-il (o be niuiU- williiii lil'tccn days after the close of the institute. FORMS. 153 Form No. 48. Report of Coiinly t^nperintendent to County Treasurer of School Di.^trirl Officers Elected or Qualified. To THE Treasurer of • County, Washington : You are hereby notified that the following named persons were duly elected to the offices indicated, at the annual school election held on the day of , 189 — ; that the oath of office of each of said persons has been filed in my office as required by law. No. of dist. Naine of officer. Title to office. Duration of term. Postoffice address. Dated this day of - 18—. Supt. Com. Schools, • Co., Wash. Form No. 49. Beport of County Superintendent to County Treasurer of the Appointmenl of a School District Officer. To THE Treasurer of County, Washington : You are hereby notified that , of , has been appointed to the office of of School District No. , of this county, in place of ■ the day of , 18 — ; that his oath of office is now on file in my office. Dated this day of , 18—. Supt. Com. Schools, Remark. — All appointed officers serve until the next annual election. ; that he qualified as such officer on Co., Wash. Form No. 60. Rexjort of Fines Collected by Clerks of Courts and Justices of the Peace. To the Superintendent of Common Schools, County', Washington : You are hereby notified that the sum of $ has been collected by me during; the quarter beginning on the first day of , 18 — , as fines for breach of penal laws of the State of Wash- ington, and that said money has been turned over to the county treasurer to be placed to the credit of the common school fund. Dated this day of , 18 — . , Remark. — Clerks of courts and justices of the peace are required to make this report quar- terly. 154 FORMS. Form Xo. 51. Report of Examination of Teachers in County, Wasliitiijloji, , 18.9 — . Names and addresses of assistant examiners: of , of . DIRECTORY OF APPLICANTS.* Xo. Names. Postoffice address. *Grnde of certificate granted. JVo. months'' or years' experience applicant ha-s had as teacher. * Where applicant failed so state. County Superintendent. Remarks. — Tliis report is retiuired to be made within fifteen days after tlie close of the exam- Form No. 52. Notice of Special School District Meeting. Notice is hereby given that a special meeting- of the legal school electors of School District No. of county. ^V:^shington, will be held at , in said district, on the daj'of , 18 — , beginning at tlie hour of- — o'clock — -M., of said day, for the purpose of determining Hy order of the board of directors. Dated this day of , 18—. , .School District Clerk. Uemarks. — At iea.>it three notices should be postcil at least fen days. No business can be trHn.sacteil except such as is spccifu^d in th<" notice. The meeting contemplated is not an election in the strid sense of that term, but is a meeting at whicli the voters may assemble to discuss and determine matters jiertaining to tlic welfare of their district. Form No. 53. School District Officer's Signature. County, WAHiiiNfiTON : Tkkahurkk ok Sir --My Hlgnatiire, herewith tninsniitlcd for llling in your onic<-, is in the form in which it will hereiirteiir when lUtiiihed to wmrants drawn upon you by the olVu'ers of this school diMtrict during my term of olllee. Said term is for • year-, beginning on the first Monday of , 1«9 -. ( Signed ) , ♦Director — Clerk ol .Sihool District No. , County, Washington. * ICniMc '■ Director" or " ("lerk," lis the case may require ('(■rtijiratc I hereby certify, lliul Die u illiiii signiilure of M- of S Appointment of, to fill vacancy 33 24 Shall be clerk of special meetings of voters 30 23 Shall file transcript of records with county superintendent in certain cases 32 24 Shall attend meetings of board of directors 34 25 Shall preserve copies of all reports to county superintendent 34 25 Shall keep account of expenses incurred 34 2.5 Shall present record book for inspection at annual election 34 25 Shall take census of all children of school age 34 25 Shall designate numberof weeks each child has attended school during last school year 34 25 Shall note names and residences of parents and guardians 34 25 Shall not enumerate Indians and Mongolians 34 2.5 Shall noteall defective youth .34 25 Shall make a report to county superintendent 34 25 Report shall contain, what 34 25 Shall give notice of annual and special elections or meetings 34 26 Shall report to county superintendent employment of teacliers and commence- ment of term of school 34 26 Shall issue and countersign warrants 34 26 Shall receive certain compensation 35 26 Penalty for failure to make reports 36 27 158 INDEX. Clerks — School District — Continued. Sec. Page. Shall certify to correctness of teachers" reports 39 28 Shall certify special tax levy to county auditor 53 32 Shall call meeting to form union district 61 35 Shall take oath of office, when 70 38 Shall report to superior judge, what 83 41 Shall report to county superintendent the names of all defective youth 1 59 Commissioners — County: Shall appoint county superintendent to fill vacancy \0 12 Shall cause a record of school district boundaries to be entered upon journal 11 13 Shall withhold salary of county superintendent, when 15 16 Shall provide office for county superintendent 14 15 Shall levy tax for support of schools 52 31 Shall levy tax in cities of 10,000 or more inhabitants 30 52 Shall enforce compulsory education law for defective youth 3 59 Shall defyay expenses of defective youth, when 4 59 May be fined for failure to enforce compulsory education law for defective youth, 5 59 Contracts ^Declared to be valid under state government 84 42 CosvESTlox, County Superintendents'— By whom called, when 3 7 Course of Study: For ungraded schools, by whom prepared 8 10 Penalty for failure to comply with course of study 23 20 To be adopted by boards of directors in graded schools 64 37 Shall be enforced by teachers 39 28 Board of education shall adopt, in cities of 10,000 19 49 D. Diplomas — Life : When and to whom may be granted 8 10 Qualifications necessary in order to obtain 8 10 Fee for 8 11 May be revoked 8 11 Territorial diplomas declared valid under state government 84 42 Diplomas — State Normal : Shall entitle holder to teach 7 65 Director — School District: Election, tenure of ofiice, failure to qualify 25 20 Shall take office, when 25 20 Shall file signature with county treasurer 70.^ 39 Appointment of. 11 13 Shall take oath 70 38 May administer oaths 70 ;J8 ■ Shall have no pecuniary interest in any contract, etc 31 23 DiRKCTou.s — Boards of : Shall employ teachers, etc 26 21 Shall eriforc'c rules, course of study, etc 26 21 .Shall proviile and pay for furniture, etc 26 21 Shall rent, furnish, repair and insure school houses 26 21 Shall build or remove school houses, etc 26 21 Shall purchase p(.-rsonal property, etc 26 21 Shall Kunpend or expel pupils 26 21 Shall cxchKh; children under 6 years of age from school 26 21 Hluill provide bo.iks for indigent children 26 21 Shall re<|iiirc all <'hildreii to be supplied with books 26 21 SliiiU exclude from school and school libraries certain classes of literature 26 21 .May iiiilliori/,e Hchoolroom to be used for certain purjjoses 26 21 Shall ri-(|iiire leaelierH to conform to law 26 21 Shall be liable, as dirielors, for del)lK, juilgnienls, etc 27 21 May permit non-resident pupils to attend school 28 21 Mu.v charge tuition to non-resident pupils in certain cases 28 22 Shall turn all moneys c'olleeted over to county treasurj-r 28 22 May make b.v-laws for government of 29 22 .Shall hfild regular ineelingM, when 29 22 May hold Hpeeiul meetings 29 22 .shall have custody of school property 30 22 INDEX. 159 Directors — Boards of — Conthuicd. Sec. Page. Shall have power to convey by deed, etc 30 22 Shall have power to transact all business necessary for maintaining school, etc... 30 22 Shall sign warrants for payment of debts, etc 30 22 Shall sign and execute deeds 30 22 Shall call special meetings of voters for certain purposes 30 23 Shall carry out directions of voters at special meetings 30 23 Shall appoint a clerk of board pro tern 34 25 Shall not sign warrant for teacher's wages, when 38 27 Shall not contract debts, when 31^ 23 Shall withhold warrant for last month's salary until all reports, etc., have been made 39 28 Shall make written order for employment of teacher 39 28 May admit adult and non-resident pupils to school 44 29 May determine length of school day 46 29 May levy special tax not exceeding 5 mills 53 32 May order election to vote special tax not exceeding 10 mills 53 32 Shall pay district clei'k for services when all reports have been made 35 26 Shall not audit account until all reports are made 35 26 May borrow money and issue bonds of district 1 53 Shall certify result of bond election to county treasurer ' 3 54 Shall canvass bids for bonds 4 .55 Shall deliver bonds to treasurer 4 55 Shall levy tax to pay interest on bonds 5 55 Shall cause lionds to be printed or lithographed 7 56 E. Elections — Judges of: How chosen, must take oath .56 33 Shall proclaim polls open 56 33 Shall receive and deposit ballots '.57 34 Shall administer oath to challenged voter .58 34 Shall proclaim polls closed and count votes 59 34 Elections — School District: Special election to vote tax, how called and conducted 53 32 Annual election, when and where held 54 32 Notice of, must contain, what 55 33 Polls must be kept open, how long 55 33 Polls must be kept open in cities, how long 55 33 How conducted, electors to choose judges of, and clerk 56 33 .Judge and clerk must take oath 56 .33 Judges shall proclaim opening of polls 56 .34 Shall receive ballots and proclaini name of voter 57 34 Clerk of election shall record names 57 34 Qualifications of voters .58 .34 Challenged voter must take oath .58 34 Illegal voters may be punished 58 34 Judges shall declare closing of polls, etc 59 34 Ballot-box must not be removed from room 59 .34 Clerk of election shall record names of persons voted for 59 34 Clerk of election shall issue certificates of election 60 35 Clerk of election shall also make certificate to county superintendent 60 35 Tie vote, how decided 60 35 Elections — In cities of 10,000 or more : When held 3 45 Notice of, shall state what; how given 3 46 Notice of, five legal voters may give 3 46 Vote must be by ballot 3 46 Polls shall be open, when 3 46 Election board, how constituted 4 46 Electors may choose judges 4 46 Judges chosen shall take oath 4 46 Vote, when counted 5 46 Result shall be certified to county superintendent 5 46 160 INDEX. Elections — In cities of 10,000 or more — Continued. Sec. Page. Persons elected must take oath 6 47 Election to vote tax, notice of. 30 52 Examinations — City : Shall be public 25 51 When held 25 51 Proceedings shall be certified to board of education 25 51 Examinations — County: Must be held quarterly in all counties, when 11 14 Notice of. 11 14 How conducted 11 14 Competitive examination for scholarships instate normal school at Ellensburgh.. 11 65 Examinations, State — When held 8 10 Examiners — County : How and by whom appointed, tenure of oflSce 11 14 May issue certificates without examination 12 14 May indt>rse certificates from other counties 12 15 Compensation of 13 15 Shall hold competitive examinations, when 11 65 Examiners, State — (See State Board of Education.) F. Fines — (See Fines and Penalties.) Fines and Penalties: Shall go into school fund 89 43 Shall be turned over to county treasurer within thirty days 52 31 Must be reported to county superintendent quarterly 52 31 G. Governor : Shall appoint members of board of education 6 8 Shall transmit report of superintendent to legislature 3 5 Shall appoint trustees for normal school at Cheney 3 59 Shall fill vacancies in board by appointment 15 64 Shall select site for normal school at Ellensburgh 2 64 Shall be ex officio a member of board of trustees for normal school at Ellensburgh.. 4 65 Guardians — (See Parents and Guardians.) H. He or Hi.'^ sliiiUbi- construed to mean she or her 78 41 Indians — Chilli rcii of tl io.se not taxed shall not be enumerated 34 25 J. Judges — (See Elections — Judges of.) JUHTICEH OK the PEACE : Shall pay all fini^s and licenses to county treasurer 52 31 Sliall report to county treasurer quarterly 52 31 L. I,AWH— (S<-e Mchool l,llWH.) M. MoNcif)I.IANM ( liildriMi 111, hliiill mil lie itiiitiicritled 'M 25 (). Oath ok Oi-kice: Sliiill be cnilorMcd on eertidciite of cleelion 70 38 OfHcliool oniccTB muBtbe llled witli county Huperinteny whom 2 .5 A common school detined 44 29 Shall be open, to whom 44 29 Shall be taught in English language 45 29 Instruction shall be given, in what branches 45 29 School day, length of. 46 29 Pupils and teachers excluded from, when 47 29 Pupils must comply with regulations of 48 30 Pupils maybe expelled from 48 30 Property of, must not be destroyed or abused 48 30 School year, begins when 49 30 Free from sectarian control 51 31 Schools — Conunon — Support of: State fund, permanent 50 .30 Interest on permanent state fund, rentals, etc 51 31 Annual tax in each county, maximum, minimum 52 31 All fines for breach of penal laws 52 31 Special taxes, how levied 53 31 Schools — Union : Districts, how formed 61 35 Directors of, .shall consist of whom 61 35 Board of, how organized 61 35 Powers and duties of boards of. 62 36 Boards shall report election of clerk to county s\iperintendent 62 36 Course of study in 63 36 Expenses of union school, how paid 63 36 Schools — Private, shall report to superintendent of public instruction, what 3 7 Schools — Normal : Managed and iontrolled by board of three trustees , 1 70 Trustees of, how designated and of whom to consist 1 70 Tru.stees, terms of office and vacancies, how filled 2 70 Trustees, organization of 3 70 Trustees, general i)owers and duties of. 4 71 Trustees, report of, maensation of, per diem and for traveling 21 77 Trimtees, fr)rbidden to take contracts, furnish supplies, etc 22 77 TruMtees, lined for violating provisions of this act 22 78 I'rineipHl of, powers and duties 7 72 Principal of, to meet with general board 19 77 Sludenln, admitted on what terms, suspeniled, etc 14 75 Library of, how n)arnig<'d and maintained 15 75 Competitive examination of applicants for membership 16 75 <'ompelitive examinulion, (|ueHlionH for, prepared by whom 17 76 ■Age, reijuired for udmisHion to 18 76 S( HCMii, — HIate Normal at (In my: I/oeation of, coiiliiigi-ut upon donation of .Hit<' 1 f)bje«:t of Mchool, both sexes eliKil)lc to McholarshipH 1 59 How governiMJ - •♦" !{e(|iiirem<-ntM for admission to 8 62 Appliiants for ailniisMion must pass exiiminnlion 9 62 HtiKhrnts musl Mign eontnu-t— exceptions 9 62 VisltorH at, must report to superintendent of public instruetion 10 63 59 INDEX. 163 School — State Normal at Kllensbuifjh : Sec. Page. Shall be established and designated " Washington State Normal School " 1 64 Site for, by whom selected : 2 64 Site for, by whom conveyed to state 3 65 Board of trustees, of whom composed 4 65 Scholarships, who may acq\iire 11 66 Competitive examination for scholarships 11 66 Eligibility to scholarships — age, moral character 12 66 Students must sign declaration of intention to teach 12 66 Students from other states, admission of. To 66 Principal of, his duties 15 67 School — State Normal in Whatcom Comity: Jo be established 1 68 Commission to examine and locate site 2 68 When to meet, and duties of. .' 3 68 Citizens to donate land 3 68 No discrimination in selecting site 3 68 Governed by same rules as other state normal schools 4 68 School Districts: Term defined, how designated, all districts legalized 18 17 New districts, how formed, appeals 19 17 Change of boundaries of, appeals 20 18 Boundaries of, harmonized by county superintendent 11 13 Cannot be diminished in area, when 1 69 New districts entitled to money, when 21 19 Organization of, ceases and determines, when 21 19 New district entitled to division of funds of old, when 22 19 New district entitled to its proportion of special tax 22 19 Districts not entitled to funds, when 23 20 Districts shall forfeit 25 per cent, of funds, when 23 20 Must maintain school three months 24 20 May issue bonds 1 53 School Di.stricts — In cities and towns, graded: Each incorporated city or town shall be comprised in one school district 64 36 Limits of district may extend beyond limits of town 64 .36 Principal of schools to be employed in certain cases 64 36 Directors establish course of study in 64 36 City superintendent shall be employed in certain cases 65 37 Board of directors in districts united 66 37 Funds and other property of united districts 67 38 Board of districts united must meet and organize within thirty days 68 38 Clerk of districts united shall notify county superintendent ■. 68 38 School Districts — In cities of 10,000 or more inhabitants: May include territory adjacent to city 1 45 How designated and known 1 45 Shall be a body corporate 1 45 Property of districts by this act shall vest in new district 1 45 Directors of, shall have control of all property I 45 District shall not be entitled to funds raised by county tax 32 -53 School Elections — (See Elections — School.) School Finds: How apportioned by county superintendent 11 13 Not apportioned to districts failing to have school 24 20 Excess restored to general fund, when 71 39 School Funds — State Permanent: How apportioned to the several counties 3 7 From what sources derived 50 30 Losses to, shall be funded debt upon state 51 31 School Laws — By whom and to whom distributed 3 6 School Meeting — Penalty for disturbance of. 87 42 School Meeting — Special: Directors may call 30 22 Directors shall call, upon petition of voters 30 22 For what purposes special meeting may be called , 30 22 164 INDEX. School Meeting — Special — Continued. Sec. Page. Notice of. 30 23 Who shall preside 30 23 aerkof. 30 23 School Month — Twenty days shall constitute W 28 School Officers: May administer oaths in certain cases 56 33 Shall deliver property to successor 69 38 Shall take oath of office, may administer oath 70 .38 Secretary of State shall be member of board of trustees to select site for state nor- mal school at Ellensburgh 2 60 Secret.\ry — State Board of Education : Shall be elected by board 8 10 Shall keep a record of proceedings 8 10 Shall file certified copy of record with superintendent of public instruction 8 10 Secretary — City Board of Education : Shall not be a member of board 7 47 Salary of 7 47 May be removed 7 47 Duties of. 11 47 Shall give bond and take oath 12 47 Shall make rejwrts from time to time 12 47 Sliall take census — may appoint census marshals 20 r>0 Secretary of Board of Trvstees — Cheney Normal School: Shall keep a record of proceedings 3 60 .Shall report to legislature 3 60 Speciali.sts — Need not not pass examination 8.5 42 Superintendent — City : Shall be elected, in cities of 10,000 or more, by viva voce vote 8 47 Compensation, fi.xed by board of education 19 49 Shall be chairman of city board of examination .' 24 51 Shall report to superintendent of public instruction 65 37 Superintendent — County : Election of, tenure of office, oath, bond 10 H May appoint a deputy IC H Vacancy in office of, how filled It* 12 Shall exercise careful supervision over schools and sec that laws are observed 11 12 Shall visit schools H ^2 Shall receive pay for but one visit to certain schools 11 12 Shall distribute blanks, circulars, etc 11 12 Shall enforce the course of study, regulations, etc 11 12 Keej) on tile reports of superintendent of jjublic in.struction 11 12 Shall keep a rrconl of his official acts 11 12 Shall preserve all reports of s(rhool officers H 12 Shall administer oaths H 1- Sliall kcej) a record of persons examined for certificates 11 12 Shall retain nianuscriitts of persons examined 11 12 Shall liohl nianuscripta subject to order of superintenilcnt of public instruction, in case of appeal H '- Shall make an annual report U> superintendent of public in.struction II 13 Shall keep a transcript of school district boumlaries H 13 Sliiill harrnonizc imperfect or coiillicting descriptioiiH of boundaries, and report Miiini- to coiMitN- i-onnnlssioncr H 13 .Sluill I'liriiish descriplloii of boundurics to clerks H 13 Shall appoint scOiool officers, when H !■' Shall appfirtion srliool fund, how, when 1' '•' Shall < iTlil'y iipporlionnieni to <'ounty treasurer and district clerks ' I !• Shall app II 12 15 INDEX. 165 Superintendent — County — Continued. Sec. Page. Shall report names of all persons examined to superintendent of public instruc- tion within 15 days 14 16 Shall send to superintendent of public instruction a report of teachers' institute, within 15 days 14 16 Shall require oaths of school district officers to be filed in his office 14 16 Shall report directory of all school district oflicers to superintendent of public in- struction and county treasurer 14 16 Shall keep his office open for transaction of business certain days each week 14 16 Shall forfeit SoO of salary for failure to make reports 15 16 Shall send transcript of record to superintendent of public instruction in case of appeal 16 16 Shall receive S.S for each school visited 17 17 Shall receive mileage for visiting schools and attending convention of county superintendents 17 17 Shall form new districts, how 19 17 Shall give notice of meeting to investigate petition 19 18 Shall certify his action to county commissioners in case of formation of new dis- trict 19 18 May change boundaries of old district, how 20 18 Shall not reduce to less than four sections, when 1 69 Shall certify his action to county commissioners in case of changing boundaries of old district 20 19 Shall apportion inoneys to new district, when 22 19 Shall deduct 25 per cent, from funds of districts failing to follow course of study or use prescribed textbooks 23 20 Shall appoint directors to fill vacancies ' 25 20 Shall decide cases appealed from action of directors ; 32 24 Shall appoint clerk to fill vacancy 33 24 Shall certify to directors quarterly, when clerks have made all reports required... 35 26 Shall appoint school otficers in case of failure to elect 60 35 Shall make a record of boundaries of school districts changed by incorporation or consolidation of cities or towns, and shall designate districts by numbers.. 66 37 Shall hold institute in certain counties 72 40 May hold institute in certain counties 73 40 Shall keep account of expenses in holding institutes 76 40 Shall see that fines, penalties, etc., are paid to covmty treasurer 89 42 Shall forbid payment of warrants in certain eases 90 43 Shall be liable to fine for failure to enforce provision relative to teaching of hy- giene 91 44 Shall preserve certificates of elections 5 46 Shall examine accounts of city districts, etc .,. 18 48 Shall report defective youth to county commissioners and to director of school for 2 59 Shall be subject to penalty for failure to report defective youth 5 59 Shall hold competitive examinations, when, for what 16 75 May discriminate in favor of certain classes of applicants for scholarships 16 76 To furnish letters of recommendation to applicants for admission to state normal school at Ellensburgh 12 66 Superintendent op Public Instruction: When elected, term of office 3 5 Shall have supervision over all matters pertaining to common schools 3 5 Shall receive salary of $2,.500 per annum 3 5 Shall report to governor, biennially, what 3 5 Shall distribute reports when printed 3 5 Shall prepare, have printed, and shall distribute blanks, foi-nis, books, registers, etc 3 6 Shall travel, visit schools, deliver addresses, consult county superintendents, etc.. 3 6 Shall open correspondence with other states 3 6 Shall submit statement of expenses to state auditor 3 6 Shall have printed all laws, with forms, etc 3 6 Shall be ex officio president of state board of education 3 7 Shall call a convention of county superintendents, biennially 3 7 Shall apportion state school fund 3 7 106 INDEX. SfPERiSTENDEST OF PUBLIC Instkvctiox — Continued. Sec. Page. Shall certify apportionment to state auditor and to county superintendents 3 7 Shall require reports from private and state institutions of learning 3 7 Shall keep a directory of school otflcers, teachers, and the trustees and faculties of state institutions of learning 3 8 Shall keep his office at the capital of the state 4 8 Shall keep all books, papers and statistics relative to educational aflfairs of state.. -1 8 Shall file all papers, and may make certified copies of 4 8 Shall decide points of law, and shall publish his rulings and decisions 4 8 Shall deliver all records to successor 4 8 May employ a clerk 5 8 Shall advertise for proposals to furnish text books for common schools 8 9 May re-advertise for proposals to furnish text books 8 10 Shall render decisions on appeals in certain cases 10 17 May grant certificates on appeals 16 17 Shall give notice of commencement of state normal school at Cheney 7 62 Shall be member of board of trustees to select site forstate normal at Ellensburgh, 2 64 Shall be a member of board of trustees for state normal at Ellensburgh 4 65 Shall be executive agent and secretary of board of trustees for state normal school at Ellensburgh 14 67 Shall visit state normal school at Ellensburgh 14 67 Shall, in connection with executive committee, expend all moneys for mainte- nance of state normal school at Ellensburgh 14 67 Shall make .semi-annual report in writing, to board of trustees for state normal school at Ellensburgh 14 67 Superior J.UDGE — Shall have power to remove orphan children who are not sent to school 83 41 T. Taxes: In old districts shall lie against new district in certain cases 21 19 New district shall be entitled to just proportion of special taxes 22 19 Taxes — County School : Annual tax must be levied in each county, maximum, minimum 52 31 Annual tax shall not lie against districts in cities of 10,000 or more inhabitants.... 32 ."53 TAXE.S — In cities of 10,000 or more inhabitants : Shall bo levied by county commissioners 30 52 Levy shall be determined by vote in certain cases 30 52 Shall not exceed 1 per cent 30 52 TAXE.S — Special : Hoard of directors may levy, not to exceed 5 mills on lh(> dollar 53 32 Voters may vote to levy not to exceed 10 mills on the dollar 53 32 Manner of voting special tax 53 32 Clerk shall certify levy to county auditor 53 32 Teach er.s: Who are i|ualific(l tenehers 37 27 Shall report to county superintendent at time of nuiking contract to teach 38 27 Sliall nuike rejKirts at close of term or school year 38 27 Shall file copy of report with clerk before last month's .salary can be i)aioard of directors 39 28 Shall not J>e einploy<-end pupils II 28 Shall teaeh morality, patriotism, etc 12 28 .Hliall nol nuillreat |iu|iils 13 28 May dismisH priiiuiry pupils after an attendance at school of four hours 46 29 .Shall I.e excluded from school, when 47 29 .Mimt Hi tend InHtiliile 72 40 INDEX. 167 Teachers — Continued. ffec. Page. Shall be entitled to coinpensation during attendance at institute, if engaged in teaching 75 40 Shall forfeit certificate by non-attendance at institute 77 41 Shall be exempt from maltreatment or abuse from parents, guardians and others.. 86 42 May be admitted to normal school at EUensburgh 11 66 Teachers' In.stitutes: Must be held annually in certain counties 72 40 May be held annually in certain counties 73 40 Duration of session 74 40 Expenses of, how paid 76 40 All teachers must attend 77 41 Text Books: How adopted ; how often may be changed 8 9 Penalty for failure or refusal to use 23 19 Shall remain in use not less than five years 79 41 Cities of 10,000 or more inhabitants may adopt additional text books 19 49 Treasurer — County : Shall collect school funds 52 31 Shall restore surplus funds to general county fund 71 39 Shall collect special taxes 53 32 Shall be ex officio treasurer of all school districts in his coimty 71 39 Shall receive, hold and pay out all moneys 71 39 Shall certify to county superintendent, quarterly, amount of funds subject to ap- portionment 71 39 Shall make annual report to county superintendent, showing financial transac- tions of cfich district during preceding school year 71 39 Shall register all school warrants 71 40 Shall endorse warrants when not paid for want of funds 71 40 Shall advertise warrants quarterly 71 40 Shall pay warrants according to number 1 69 Shall receive all fines and place same to credit of proper district 89 43 Shall receive all moneys paid over liy school district oflieers 28 22 Shall be e.v officio treasurer of districts in cities of 10,000 or more inhabitants 15 48 Shall submit to secretary of city district cjuarterly reports, when 15 48 Shall advertise school bonds for sale 3 54 Shall register school bonds 3 55 Shall canvass bids for bonds 4 55 Shall deliver bonds to purchaser and receive proceeds 4 55 Shall levy tax to pay bonds, when 5 55 Shall pay interest on bonds when due, and report to directors 6 56 Shall notify holders of bonds of time (and place) of redemption 9 57 Shall publish notices, pay and cancel bonds 11 56 Shall deliver canceled bonds to directors 11 58 Trustees — General Board of, for Management of State Normal Schools: General board, how constituted 8 72 General board, meetings, powers and duties of. 9-11 73 General board to provide training departments 12 74 General board, diplomas granted by 13 74 General board to report what to governor 20 77 Local, for Management of Normal Schools : How designated and of whom to consist 1 70 Terms of ofHce — vacancies, how filled 2 70 Organization of 3 70 General powers and duties 4 71 Report of, made to general board 20 77 May establish ijoarding house 5 71 Regular and special meetings of. 6 71 Bills and accounts audited by 4 71 Tru.stees — Board of— For State Normal at Cheney: Shall consist of five members, tenure of office of 3 61 Shall select president and secretary 3 61 Meetings of, where held 4 61 Appointment of teachers, etc 6 62 168 INDEX. Trustees — Board of— For State Normal at Cheney — Conlinutd. See. Page. May let contracts 6 62 Shall have charge of buildings, etc 6 62 Shall make rules for the admission of students 8 62 Compensation of members, how paid 13 63 Shall control funds 14 63 Clerk of, shall report to governor 16 64 Board shall apply no religious tests for teachers or students 17 64 Tecstees — Board of — To Select Site for State Normal at Ellensburgh : Shall consist of, whom 2 64 Shall select site, where 2 64 Shall receive and hold conveyance of land 3 65 Trustees — Board of — To Manage State Normal at Ellensburgh: Shall consist of whom 4 65 Shall have power to expend money 5 65 Shall have power to elect a principal, etc 6 65 Shall prescribe course of study, and issue certificates and diplonias 7 65 Shall prescribe text books 8 65 Shall establish and maintain training school 9 65 Shall make rules for government of boarding-house 10 66 Shall determine number of pupils to be admitted 11 66 Shall hold board meetings, regular, special 16 67 V. Vice President — Board of Education — City: Shall be elected, when 7 47 Duties of 1<» 47 w. Warrants — School District: Must be paid according to their number 1 69 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 223 572 9