L B UC-NRLF ||{IIIIIIMIIIIII "'"'"■ "1 $B ED bbb COMPILATION t J^a(^ LAWS AND DECISIONS COMMON SCHOOL SYSTEM List of State Educational Institutions GEORGIA. ' There shall be a thorough system of common schools for the education uf children in the elementary branc'ies of an English education only, as nearly uniform as practicable, the expenses of which shall be provid«^d for by taxation, or otherwise. Tie schools shall b.? free to all children of the State, but separate schools will be provided for the white and colored races."— Constitution of State of Georgia, Article viii, Section- t. ATLANTA. GA. Geo. W. Harbtson, State Printer K\NKMN Printing and FiiBi,if«u: 1906 r~" GIFT or Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/compilationofl1906georrich COMPILATION AWS AND DECISIONS RELATING TO THE 'COMMON SCHOOL SYSTEM AND List of State Educational Institutions GEOROI A There shall be a thorough system of common schools for the education children in the elementary branches of an English education only, as irly uniform as practicable, the expenses of which shall be provided for taxation, or otherwise. The schools shall b? free to all children of the !, but separate schools will be provided for the white and colored —Constitution of State op Georgia, Article viii, Section i. 10(Kj ATLANTA. GA. Geo. w, Harrison. State Printer. The Franklin Printing and Publishing Co. 1906 V e> ia li/iahr (^ ^ ^O For every pound you save in education, you will spend five in prosecu- :j ns, in prisons, in penal settlements." — I.ord Macaulay. TABLE OF CONTENTS. IIL- ^ IV.— XV. XVI. XVII. XVIII. State Board of Education. State School Commissioner. County Board of Education. County School Commissioner. Financial. Long Term Schools. County Institutes. Examination of Applicants for License to Teach. School Census. Miscellaneous. Uniform Text-book Law. Local Tax Law. Child Labor Law and State Reformatory Law. Extracts from Decisions and Instructions of State .School Commissioners. Extracts from Decisions of State Board of Education. Extracts from Opinions of Attorneys-General. Extracts from Decisions of Supreme Court. List of State Educational Institutions. Among the duties of parents to their children is that of giving them an education, suitable to their situation in life ; a duty pointed out by reason as of the greatest importance. For, as Puflfendorf well observed, it is not easy to imagine or allow that a parent has conferred any considerable benefit upon his child by bringing him into the world ; if he afterwards entirely neglects to culture his education, and suffer him to grow up like a mere beast to lead a life useless to others and shameless to himself." — Sir William Blackstone. 38 1 1 9G SCHOOL LAWS. PART I. STATE BOARD OF EDUCATION. in 'mbers. I [Section i . Be it enacted by the General Assembly of the :ate of Georgia, and it is hereby enacted by authority of the ^^^^^ ^^'^^ nie, That the Governor, the Attorney-General, the Secretary '^• State, the Comptroller-General, and the State School Com- (issioner shall constitute the Georgia State Board of Educa- on. Of this Board the Governor shall be ex officio President, I id the State School Commissioner the chief executive officer. jhe Clerk of the State School Commissioner, as hereinafter tovided for, shall be the Clerk of the State Board of Educa- pn. He shall be the custodian of its records, papers, and iects, and keep minutes of its proceedings, and said records, ] apers, and minutes shall be kept in the office of the Commis- sioner, and shall be open to inspection. r fee t i ng^— (Quorum • ■ r Sfx. 2. That the said Board shall meet, upon the call of its ^'resident or a majority of its members, at the office of the Acts of State School Commissioner at the Capitol, or at such other es. '^^^^ ])lace as may be designated in the call. A majority of the ard shall constitute a quorum for transacting business. r Oonutionst for educational purposes. Sec. 3. That said Board may take and hold, to it and its fuccessors, in trust for the State, any grant or devise of lands, f^l'^^age m: any donation or bequest of money, or other personal prop-*"^' pty, made to it for educational purposes, and shall forthwith place in the hands of the Treasurer of the State for safe-keep- ing all moneys and personal property so received, and titles to u 6 Compilation of Common School Laws. land , taking therefor a receipt from said officer. When it is evidently the intention of the donor or devisor that the corpus of moneys thus received is not to be used, the General Assem- bly may, from time to time, invest said moneys in the name of the State ; provided^ tlmt all moneys obtained under this section , together with the profits accruing from investment, shall be subject to use only for educational purposes. The Treasurer of the State shall pay to the order of the Board the income or principal thereof as said Board may, from time to time, require in pursuance of law, but no disposition of any devise, donation or bequest shall be made inconsistent with the conditions or tenor of the devise, donation or bequest. For the faithful keeping of all property or moneys so received by the Treasurer, he shall be responsible upon his bond to the State, as for other funds received by him in his official capacity. Seal. Sec. 4. That the State Board of Education shall procure a 188?! page suitable seal, which shall be used for the authentication of the acts of the Board and the important acts of the State School Commissioner. Advisory body— bears appeals from decisions of State Scbool Com> missioner. Sec. 5. That the State Board of Education shall constitute Acts of an advisory body, with whom the State School Commissioner 1887, page . 69 shall have the right to consult when he is in doubt as to his official duty ; and also a body in the nature of a court to which appeals shall be made from the decision of the State School Commissioner upon any question touching the construction or administration of the school laws; and the decision of the State Board, when rendered, shall be final and conclusive upon the matter in issue. Appeals to the State Board must be made through the County Commissioner in writing, and must dis- tinctly set forth the question at law, as well as the facts, in the case upon which the appeal is taken. Upon any question in- volving the construction or administration of the school laws, School Laws. t le concurrence of a majority of the whole Board shall be 1 ecessary in order to give validity to the decision. tot Additional Duties of State Board of Education . As State Schoolbook Commission, State Board is required to elect text-books for the common schools of the State. (See XI i-) Acts of Computation of Common School Laws. PART II. STATE SCHOOL CO.IIMISSIONEK. £:ieCtioii— cliargred. Avith adniiiiisirutioii of school la^v and superin- tendence of common school affairs. Section i. There shall be a State School Commissioner elected by the people at the same time and manner as the Gov- 1894, page emor and State-house officers are elected, whose term of office shall be two years and until his successor is elected and quali- fied. His office shall be at the seat of government and he shall be paid a salary not to exceed two thousand dollars ($2,000) per annum. The General Assembly may substitute for the State School Commissioner such officer or officers as may be deemed necessary to perfect the system of public education. He shall be charged with the administration of the school laws, and a general superintendence of the business relating to the common Acts of schools of the State. He shall prescribe suitable forms for the 1887, pagL' . ^ ^9- reports required of subordinate school officers and blanks for their guidance in transacting their official business, and shall, from time to time, prepare and transmit to them such instruc- tions as he may deem necessary for the faithful and efficient ex- ecution of the school laws, and by whatsoever is thus communi- cated to them shall they be bound to govern themselves in the discharge of their official duty ; provided^ nevertheless^ there shall always be an appeal from the State School Commissioner to the State Board of Education as hereinbefore enacted. Some specific duties — contents of Annual Report. Sec. 2. That it shall be the duty of the State School Com- wsT^pige t^^issioner to visit, as often as possible, the. several counties of the State for the purpose of examining into the administration of the school law in said counties, of counseling with school officers, of delivering popular addresses, of inspecting school operations, and of doing such other acts as he may deem sub- servient to the interests of popular education. 9. Itate School commissioner. Sec. 3. The State School Commissioner shall see that the p'Oper actions provided hV law are brought against all officers f^i^^[ ^ ai d agents of the system, who are liable to the same, for misap- '^^ Iication of the school fund or other cause. Sec. 4. That the State School Commissioner shall make an nnual report to the General Assembly, in which he shall pre- ( nt a statement of the condition and amount of all funds and )roperty appropriated to the purpose of public education ; a atement of the number of common and public schools of the V irious g:rades, in the State ; the number of scholars attending- . o 1 J o Acts or s ch schools ; their sex, color, and the branches taught ; a state- If-' P^^e 1 ent of the average cost per scholar of instruction under the c »mmon school system in each county ; a statement of the plans I or the management, extension and improvement of the com- lon schools ; a statement of the number of children of school fe in the State, with as much accuracy as the same can be as- ptained ; also, a statement of the number of private schools ctid colleges of the different kinds in the State ; the number of I upils in such schools or colleges ; their sex, the branches ti.ught, the average cost of tuition per scholar in said schools a id colleges. Salary and expenses of office— oath. H'Sec. 5. That the State School Commissioner shall be enti- t ed to receive for his services the sum of two thousand dollars Acts of aanually in quarterly installments. All his necessary traveling tl ' ^*^* expenses incurred in the performance of his official duties, and i.ll postage and other expenses absolutely necessary arising in \ is office, shall be paid by the State. He shall also be entitled to employ one clerk to aid him in his official duties. His clerk shall receive an annual salary, not exceeding twelve hundred c ollirs, to be paid quarterly. The salaries and other expenses r amed in this section shall be paid out of the State school fund on executive warrant. It shall also be the duty of said Com- ,«aQissioner to keep an itemized account of all expenses connected 10 Compilation o:^ Common School Laws. ^ with his department, which account shall be audited by the State Board of Education. Sec. 6. That before entering upon the discharge of his of- 188?! page ficial dutics, the said Commissioner shall take and subscribe to the same oath required of other officers of this State. Additional Ditties of State School Commissioner^ State School Commissioner is member of State Board of Education (Part 1, Sec. 1) ; uses seal (Part 1, Sec.4) ; is member of Geological Board (Acts of 1894, page 111). i County Board of Education. 11 ' PART III. COUNTY BOAKJD OF EDUCATION. I aeh county a school district. Section i. That hereafter each and every county in the ^tate shall compose one school district, and shall be confided fg^y^ page ) the control and management of a County Board of Bdu- '^' ition. •lection, qualification and term of office of members of Connty Board of f^ducaiion— Compensation. Sec. 2. That the grand jury of each county (except those ( ounties which are under a local system) in this State shall f^^g^^^g^ l|om time to time select from the citizens of their respective ^^* ( ounties five freeholders, who shall constitute the County Board f Education. Said members shall be elected for the term of kir years, and shall hold their offices until their successors 5 hall be elected and qualified ; provided^ however, that no pub- lisher of school-books, nor any agent for such publisher, nor j.ny person who shall be pecuniarily interested in the sale of J chool-books, shall be eligible for election as member of any .Board of Education or as County School Commissioner of any (!Ounty in this State ; provided further^ that whenever there is in a portion of any county a local school system having a Board of Education of its own, and receiving its pro rata of the public 1^897 Acts of .school fund directly from the State School Commissioner, and ^' Jiaving no dealings whatever with the County Board of Educa- ■lon, then the members of the County Board of Education of Hpch county shall be selected from that portion of the county f dot embraced within the territory covered by such local system See Part xiv, Note 4. See Part xv, Note 1. Sec. 3. That the members of the Board of Education in each county shall each be paid a per diem not to exceed two Acts of dollars for each day'« actual service out of the school fund ap- 87. pagfr page- n. 12 Computation of Common SchooIv Laws. portioned to the county ; and their accounts for service shall be submitted for approval to the Ordinary or County School Commissioner; and they shall not receive any other compensa- tion, such as exemption from road and jury duty. Certification ot* election— removal from of lice— vacancies. Sec. 4. That whenever members of a County Board are fssfpLe ^l^cted or appointed in pursuance of the provisions of the above ^^- section, it shall be the duty of the Clerk of the Superior Court to forward to the State School Commissioner a certified state- ment of the facts, under the seal of the court, signed officially by him, as evidence upon which to issue commissions, and the cor- responding evidence of the election of a County Commissioner shall be the certified statement of the Secretary pro tern, of the meeting of the Board at which the election was held. Any mem- ber or members of the County Board of Education shall be re- movable by the judges of the Superior Court of the county, on the address of two- thirds of the grand jury, for inefficiency, in- capacity, general neglect of duty, or malfeasance or corruption in office; that the judge of the Superior Courts of this State shall have the power to fill vacancies by appointment in the County Boards of Education for the counties composing their respective judicial circuits, until the next session of the grand juries in and for said counties, when said vacancies shall be filled by said grand juries. St^e Part xiv, Note 1. See Part xiv. Note 2. See Part xvi', Note 5- Officers — sessions. Sec. 5. That the Board of Education shall elect one of their Acts of number President, who shall serve as such during the term for 72. ' which he was chosen a member of the Board. The County School Commissioner shall be ex officio Secretary of the Board. A majority of the Board shall constitute a quorum for the trans- action of lousiness. It shall be the duty of said Secretary to be present at the meetings of the Board, and to record in ' ^ book , County Board of Education. 13 ^l ) be provided for the purpose, all their official proceedings, ^P^ 'hich shall be a public record open to the inspection of any ' erson interested therein, and all such proceedings, when so re- It orded, shall be signed by the President and countersigned by t he Secretary. Note. — It is important that the minutes of the meetings of the County Hoard of Education should be kept in full. R II Sec. 6. That it shall be the duty of the County Board of Edu- ation to hold regular sessions on the first Tuesday of the f^gy^ page nonth succeeding their election, and each three months there- ifter, at the court-house of the county for the transaction of lusiness pertaining to the public schools, with power to adjourn Amended Tom time to time, and in the case of the absence of the Presi- ^^^^> P^se lent or Secretary, they may appoint one of their own number |o serve temporarily. 9cbool Sub-Districts— employment off teachers— ivritten contracts ivitli teachers— teachers' reports— appointment and duties of truNtees. Sec. 7. That the County Boards shall lay off their counties into sub-school districts, in each of which sub-school districts 1^^' p»8®" ' 124. they shall establish one common school each for the white and colored races where the population of the two races is sufficient, which schools shall be as near the center of the sub-school dis- tricts 'oS can conveniently be arranged, reference being had to any school-house already erected, and population of said sub- school district, and to the location of white and colored schools with regard to contiguity ; provided^ however^ that in such sub- school districts where more than one school is demanded, then they may establish one or more additional schools in such sub- school district ; afid provided also^ that whenever it becomes t roper to lay off new sub-school districts, or alter the boundaries f those already laid off, the said Board shall have full power to make such changes as the public necessities may require. See Part xii, Sec. L See Part xiv, Note 11. See Part xiv, Note 6. See Part xvii, Note 7. je Part xiv. Note 0. 14 Computation of Common SchooIv Laws. Sec. 8. The said County Boards are also empowered to em- 1889^ pige ploy teachers in the manner hereinafter pointed out, to serve in ^"^' the schools under their jurisdiction, and the contracts for said service shall b'^ in writing, signed in duplicate by the teacher on his own behalf and by the County School Commissioner on behalf of the Board. Note. — A large number of the misunderstandings between commis- sioners and teachers come from failure to make contracts in writing. See Part xiv, Note 8. See Part xiv, Note 12. See Part xiv, Note 10. It shall be the duty of the teachers to make and file with the ^8?pLe County Commissioners at the expiration of each term of school, ^'' a full and complete report of the whole number of scholars ad- mitted to the school during said term, distinguishing between males and females and colored and white, together with the names thereof, and the entire and the average attendance, the branches taught, the number of pupils engaged in the study of each of the said branches, and such other statistics as he or she may be required to report by the County Commissioner, or by the State School Commissioner, and until such report shall, have been prepared, sworn to and filed by said teacher as aforesaid, it shall not be lawful for said County Commissioner to audit the account of said teacher for his or her services. See Part xv, Note 4. Sec. 9. That the County Boards of Education, whenever, in issotpage their opinion, the good of the schools in their respective counties demand it, may, at their discretion, appoint three intelligent, upright citizens of each sub-district of their respective counties to act as school trustees for their sub-districts, naming one of the appointees to serve for one year, and one for two, and one for three years ; and as vacancies occur by the expiration of the terms of incumbents, the Boards shall fill those vacancies with appointees whose term of service shall be three years'; and should vacancies occur by death, resignation, or otherwise, the Boards of Education shall fill these vacancies for the unexpired term ; and whenever School Trustees are chosen as herein provided, 122 County Board of Education. 1^ 1 le fact shall be recorded in the minutes of the County Boards, I nd the appointees shall receive certificates of their appointment 1 om the County School Commissioner, and these certificates ihall be their sufficient warrant for entering upon and perform- i Dg the duties of their office. That it shall be the duty of the Jchool Trustees herein provided for to supervise the school perations of their sub-districts, to visit the schools, and to make uch recommendations to the County Boards, in relation to the chool interests of their sub-districts, as may seem to them best, md especially in the matter of choosing teachers for their sub- listricts. It shall be their right to recommend applicants, and t shall be the duty of the County Boards to choose as teachers :he persons so recommended ; provided^ they shall be persons duly qualified and eligible according to the provisions of exist- ing law ; and furthermore, it shall be the duty of the School Trustees, in recommending persons as teachers, to recommend :hose persons who, in their opinion, are the choice of the com- munities to be served; and it shall, furthermore, be the duty of he School Trustees to make a written report, once a year, to the County Boards in relation to the matters committed to their supervision, or oftener if required by the County Boards of Education. ^_ , Note. — Duties of Trustees. ^1' "Yeu are, therefore, hereby authorized and required to perform all the duties incumbent on you as a Trustee aforesaid, according to law and the trust reposed in you. This commission is to continue in force during active and efficient service and for the term pointed out by the laws of the State, which say that this certificate shall be your sufficient warrant for entering upon and performing the duties of your office. These duties are as follows : To visit your school ; to inspect the school work in your district, giving special attention to oral and written examinations of pupils ;'to make gen- eral recommendations to the County Board of Education for the advance- ment of the school interests in your district; to aid, by recommendation of desirable applicants, the County Board of Education in choosing teachers for your schools ; to see that the schoolhouse ifi in good repair and equipped for good work, and that the school grounds are properly improved and supplied with shade, fuel, water and other necessaries ; to make a written report, once a year, to the County Board, in relation to the matters com- itted to your supervision, or oftener if required by the County Board of ucation. 16 Compilation of Common SchooIv Laws. "As you have opportunity, impress upon patrons and pupils the impor- tance of regular attendance, of hearty home co-operation, and establishing and using school libraries." — Extract from Trustees's Commission. School property — races laiig-ht separately — building: of scliool* Iioii^es— del'iiiiiig' and. rcg'uluting' puolic iicliooi term. Sec. id. That the County Board of Education shall have f^l^ °' power to purchase, lease, or rent school sites ; to build, repair, ^3. or rent schoolhouses ; to purchase maps, globes and school fur- niture, and to make all other arrangements of this kind necessary to the efficient operation of the schools under their care ; and the said Boards shall also be, and are hereby, invested with the title, care, and custody of all schoolhouses, sites, school libraries, apparatus, or other property belonging to sub-districts, as now defined, or as may hereafter be defined, in their several counties^ with all power to control the same, in such manner as they think will best subserve the interests of common schools ; and when, in the opinion of the Board, any schoolhouse site has become unnecessary or inconvenient, they may sell and convey the same in the name of the County Board of Education, such conveyance ■ to be executed by the President or Secretary of said Board ac- cording to the order of the Board. They shall have power to receive any gift, grant, donation, or devise made for the use of common schools within their respective counties ; and all con- veyances of real estate which may be made to said Board shall vest the property in said Board of Education and their successors in office. It shall also be the duty of said Board of Education to make arrangements for the instruction of the children of the white and colored races in separate schools. I They shall, as far as practicable, provide the same facilities for both races in re- spect to attainments and abilities of teachers and length of term- time ; but the children of the white and colored races shall not be taught together in any common or public school of this State ; and in respect to the building of the schoolhouses mentioned in this section, the said Board of Education may provide for the same, either by labor on the part of the citizens of sub-districts to be served, or by a tax on their property, as may.be herein- after provided. County Board of Education. 17 Sec. II. The several County Boards of Education of this v^ tate shall have full power and authority to define and regfulate Acts of t le length of the public school terms of their respective counties, 'i- . udicial tribunal— appeals. Sec. 12. That the County Board of Education shall consti- i ute a tribunal for hearing and determining any matter of local ^'s of ontroversy in reference to the construction or administration ^*- I the school law, with power to summon witnesses and take lestimony if necessary ; and when they have made a decision, aid decision shall be binding upon the parties to the contro- •ersy ; provided^ that either of the parties shall have the right o aj-jpeal to the State School Commissioner, and said appeal hall be made through the County Commissioner in writing, and >hall distinctly set forth the question in dispute, the decision of he County Board and the testimony, as agreed upon by the parties to the controversy, or if they fail to agree, upon the tes- I ;imony as reported by the Commissioner. Facciiiaiion. Sec. 13. That the County Board of Education in the coun- ties of this State, and the Boards of Public Education for the Acts of 1880-81 cities of this State be, and they are hereby, authorized and em- page 97, powered to make such regulations as in their judgment shall seem requisite to insure the vaccination of the pupils in their respective schools, and may require all scholars or pupils to be vaccinated as a prerequisite to admission to their respective schools. I I Additional Duties of Members of County Board of Education. County Board of Education authorized to administer oaths in 'certaio instances. (See part iv, Sec. 0.) County Board of Education selects the months (within the proper cal- jendar year) in which schools shall be operated. (See Part v, Sec. 4,) 2 si 18 Compilation of Common SchooIv Laws. PART IV. CCUNIY SCHOOL. C€]?lJniSS10K£R. 1. Term— examination— elcctioii—1>oi;d— oat It. Section i. That the County Boards of Education shall, Acts of • 1887, page from the citizens of their counties, select a County Commis- sioner of Education, who shall be ex officio county superintend- ent of the common schools, and who shall hold his office for the term of four years. Before election tl:e applicants for positions of County School Commissioner shall be examined by the Pres- ident of the County Board of Education, or by some one appointed by him or the Board for that purpose, upon written or printed questions, which shall be furnished to the Board by the State School Commissioner — said examination to be upon the subjects taught in the common schools, upon the science and theory of common school teaching and government, and upon such other subjects as the State School Commissioner may deem proper. The said County Board of Education shall then elect such ap- plicant County School Commissioner who has stood satisfactory examination, taking into consideration the moral character, business qualifications, and general availability of each ap- plicant. The County School Commissioner so elected shall be required to give bond with good security payable to the County Board of Education, conditioned upon the faithful performance of his duty under the law, the amount and sufficiency of the security to be jucged by the County Board of Education. See Part xvi, Note 8. See Part xvii, Note 6. Note.— A County f chool Ccmmissioner may be postmaster, but can not hold any other office of profit or trust under the government of the United Stales or of any of the several States, or of any foreign State. ^See Code, Vol. 1, Sec. 223.) Sec. 2. Before entering upon the discharge of his official du- 1887, page ties the said Commissioner shall take and subscribe to the same oath required of the other officers of this State. County School Commissioner. K Hioval from ol'l'ice— succcws^>r. Sec. 3. The County School Commissioner may be removed fi )m office before the expiration of his term by sl majority vote j^^^ <,, the Board of Education for inefficiency, incapacity, neglect of 75^^' ^*^® -d ity, or malfeasance or corruption in office ; provided^ that any C )mmissioner so removed shall have the right of appeal from Ie action of the County Board to the State School Commis- ioner, and from the State School Commissioner to the State oard of Education. Sec. 4. Should there be a vacancy in the offi'ce of County chool Commissioner, by resigfnation or otherwise, an examin- Acta of » . . 1^7, page a :ion and election for the remainder of the vacant term shall be 76; 1 eld in the same manner, and by the same authorities, as for ^^ lat of a full term. ^H. I See Part xvii, Note 3. nSchool year begiiiK JT inuary l«t— operation of scbool«. \ Sec. 4. That beginning with January ist, 1895, and contin- uing thereafter, the school year shall be coincident with the Amende^ calendar year, to-wit : from January ist to December 31st there- isw.pagQ after, and the State School Commissioner, State Treasurer, and Comptroller-General shall, on or before the first Tuesday in De- cember each year, beginning in 1894, or as soon thereafter as practicable, make an estimate of the entire common school fund of the State for the next succeeding school year, and shall at once communicate in writing to the County School Com- 24 Compilation of Common School Laws. missioner of each counly the amount of money that will be payable to his county; and on the first Tuesday in January in each year, or as soon thereafter as practicable, each County Board of Education shall meet and make the nec- essary ariangements for placing the schools in operation for the next school year, and shall have full authority in their discre- tion either to fix salaries for the payment of teachers, or to pay them according to the enrollment or attendance ; pvvided^ that nothing in this Act shall be construed to affect the right of the respective counties of the State to select the time of operating their schools, which shall be left entirely to the County Boards of Education, nor shall it affect or change the time of operating isesfpLe t^^ir schools under any special or local laws in any county in ^^' this State ; provided Jurther^ it shall not affect the monthly pay- ments of teachers as by this Act directed. See Part xiv, Note 13. See Part xvi, Note 5. Payments to local scltool systems* Sec. 5. That in those counties having local school laws ^sf pige. where the schools are sustained by local taxation for a period of five months or more, the State School Commissioner shall, on the first day of each month, or as soon thereafter as practicable. «o Amended notify the Governor of the amount of funds standing: to the Acts of / *=» 1894, page: credit of each of such counties on the books of the Treasurer on t)i. said dates, and thereupon the Governor shall issue his warrants for said sums and the Treasurer shall draw his checks for said sums without requiring the itemized statements as provided in section 33; and the State School Commissioner shall immedi- ately transmit said checks to the officer under the local school system authorized to receive its funds, and the State School Commissioner, shall, in like manner, pay over to the proper officer under the school board of any town or city having a school system sustained by local taxation for a period of five months or more, and to which he is now authorized by law to make direct apportionments, such proportion of the entire county fund as shown on the books of the Treasurer as the school popula- Financial. 25 tio of the town or city bears to the population of the county, as hown by the last school census ; provided, that all children of chool age resident in said county, and attending the public scl Dols of such town or city, shall be counted in the school po ulation of such town or city and be entitled to have their sh re of such county fund paid over to the proper officer of the scl ool board of such town or city. |«e report State Department of Education, 1902, page 192.) I Imate of school fund. >EC. 6 That the school fund for each calendar year shall be a i xed and specified sum, and in order to carry out this pro- Amended vi.' ion the State School Commissioner, the Comptroller-General, isw^page an I the Treasurer shall, on the first Tuesday of December of ea h year, beginning with 1894, or as soon thereafter as prac- , tic able, make an estimate of what the school fund for the ensu- Bf year shall be from the specific taxes, direct appropriations, an \ from any other sources of supply which now belong to the sc lool fund or may hereafter belong to the school fund, and sa d fund, when so estimated, shall be available and payable at th i time specified in this Act ; provided, that in the event that the said specific taxes shall fall short of said estimate, then the bs lance necessary to meet the provisions of said estimate is h( reby authorized to be paid from any fund in the treasury not otlierwise appropriated. Sec. 7. That when the State School Commissioner, the Comptroller-General, and the Treasurer shall meet on the first Acts of *■ ' 1894, page Tuesday in December, or as soon thereafter as practicable, as^'^- provided in this Act, to make the estimate of the school fund provided for in section 4 of this Act, they shall base said esti- irate upon the amount of school fund coming into the treasury Bthe year preceding the year for which said estimate is made. rcea of school fund. Sec. 8. That for the support and maintenance of the com- mon schools of this State, the poll tax, special tax on shows and 1887, page exhibitions, all taxes on the sale of spirituous and malt liquors, k 26 Compilation of Common School Laws. dividends upon the stock of the State in the Bank of the State of Georgia, Bank of Augusta, Georgia Railroad and Banking Company, and such other means or moneys as now belong by law to the Common School Fund, one-half of the proceeds of the rental of the Western & Atlantic Railroad, or one-half of the annual net earnings of said railroad as ascertained by sub- tracting the annual cost of running and keeping up the road from the annual gross receipts under any change of policy which the State may adopt hereafter in reference to said rail- road ; all endowments, devises, gifts and bequests made, or hereafter to be made, to the State or State Board of Education ; the proceeds of any commutation tax for military service ; all taxes which may be assessed on such domestic animals as from their nature and habits are destructive to other property ; all money received by the Agricultural Department of this State for the inspection of oils and fertilizers in excess of what may be necessary to defray the expenses of said Agricultural Depart- ment ; money arising from the lease of oyster lands ; any edu- cational fund now belonging to the State (except the endow- ment of and debt due to the University of Georgia), and such other sums of money as the Legislature shall raise by taxation or otherwise from time to time for educational purposes, are hereby declared to be a common school fund ; and when said common school fund shall be received and receipted for, from whatever source received, it shall be the duty of the officer au- thorized by law to receive such fund to keep the same separate and distinct from other funds, and said fund shall be used for educational purposes and none other, and shall not be invested in bonds of this State, or in other stock, except when invest- ment is necessary to carry out the conditions of an endowment, devise, gift, or bequest, and when taxes are paid into the treas- ury of the State the Comptroller-General shall in no case receipt a Tax-Collector for the same until that part of the tax so paid in, which was raised for school purposes, is separated in amount from the gross amounts paid in. Financial. 27 R' lief of forfeiture of school fund— unused balances. Sec. 9. That whenever a County Board of Education, or B -ard of Education of any city, shall hereafter fail in any year Acts of ^ t( make arrangements to put schools in operation, said county, '?^- ' o city, as the case may be, shall forfeit all right to participa- ti )n in the school fund of that year, unless the failure to arrange f< r schools was from providential cause, or other good and suf- fi :ient reason, the sufficiency of the reason to be judged of by the S ate Board of Education. That in all cases where any of the Acte of ^■' lunties of this State have heretofore or may hereafter leave 65- ^^ lused in the State Treasury any part of the public school fund t ' which they are entitled under the law, such fund shall be Iv ept separate and applied to the use and benefit of the respect- M re counties entitled to the same. -' I ailure to put srbools in operation. ■ Sec. 10. That any county or city, which has failed to put ihools in operation in any past year, and has never received its ^ts of J ro rata part of the State School fund for that year, shall still be 79. ' e ntitled to receive through the properly constituted authorities ( i the county or city that pro rata ; provided^ that the County School Commissioner of such county shall receive no compen- Hation from the school fund of said county for such year, except ^br services rendered in taking the enumeration of the school population. pBf Note.— If any public officer of any county in this State shall buy up at a ■^liscount, or in any manner speculate in what are known as "county )rders" or in ''jury scrip," or any other order or scrip which is to be paid )ut of any public fund of this State or of any county in this State, he shall De punished as for a misdemeanor and shall be removed from office. (Code, Vol. iii, Sec. 277.) Hk Additional Funds for Public Schooh. ^'Illegal granting of diplomas by medical colleges— Fine goes to State treasury for educational funds*. (^486 Code, Vol. III.) Selling or ofifering for sale rejected illuminating oils or fluids— Fine goes to public school fund of county in which prosecution is made. (§607 Code» Vol. III.) Wrongful use of branded vessels for illuminating oils or fluidej— Fine goes to public school fund of county in which prosecution is made. (§608 ode, Vol. III.) 28 Compilation of Common School Laws. Cruelty to animals — One-half of fine goes to public school fund of county in which prosecution is made. (§704 Code, Vol. III.) Gaming contracts — Money recovered after six months goes partly to public school fund of county in which suit is entered. (§3671Code,Vol. II.) Property not returned but assessed — Overplus above amount due and costs goes to educational fund, subject to claim of true owner within four years. (§9J8 Code, Vol. I.) Proceeds of sale of estrays, subject to claim of owner within twelve months. (§1746 Code, Vol. I.) The net amount arising from the hire of convicts of this State, when the Grand Jury of the county directs this fund to be applied to the schools of the county. (Acts of 1903, page 65.) Long Term Schools. 29 PART VI. LO^fG TERIVI SCHOOLS. ■ plemeiital contracts— common scbool fund admits pupils. Section i. That whenever the Board of Education of any . .unty within the State shall have entered into a contract with mi^, pige ■ a teacher to teach a common school in any sub-district within it i jurisdiction in accordance with this Act, it shall be lawful ■f. r said teacher to enter into a supplemental contract with the I itrons of said school to teach a private elemental y school in c mnection with said common school, and to embrace the period a lowed by law for the said public term ; provided^ that the con- t acting with teachers under the provisions of this Act shall be |ft to the discretion of the several County Boards of Education. Sec. 2. That upon said private supplemental contract being ixamined and approved by the Board of Education of the county f^gy^ pag© k which said school is located, it shall be the duty of said^"^' teacher to enter, as pupils in said private school, all scholars of ( ommon school age (regard being had to separate schools as now 1 equired by law) who may enter said school at any time within ihe term or scholastic year of said private school. It shall be he duty of said teacher to keep an accurate account of the mmber of such pupils and the number of days actually at- ended by each pupil, and when said private schools shall have closed, said teacher may make out an account against the bounty Board of Education for the full number of days each of said upils may have attended said schools, not to exceed the whole mber of days now or hereafter to be prescribed by law ; pro- vided^ that nothing in this Act shall be so construed as to pre- vent any common school scholar from entering said school as Epil, if the parent or guardian of said pupil shall elect to ter him or her for the period of the public term, and upon e merits of the common school fund only. That no teacher shall be contracted with under the provisions of this Act until he or she has been duly licensed as a common school teacher ; ■ It 'I/ I k 30 Compilation of Common School Laws. that every teacher contracted with under provisions of this Act shall be required to make the same reports and returns to the County School Commissioners as are now required of teachers of common schools in this State, and until said private schools shall have been taught according to contract, and said reports and returns are so made, it shall not be lawful for the Board of Education to pay him or her for such services as such teacher. County Institutes. ^ 31 PART VII. COITKTV INSTITl'TES. >y County School Comiuissioners— prepared by State School Comiui«siouer-Special examination*. ^B Section i . An Act authorizing the State School Commis- si< ner to organize and establish in each county in Georgia a Acts of ^ T achers' County Institute for the assembling and instruction^-^- of the common school teachers of each county in the State, sa d institute to hold an annual session of one week's duration ic each county of Georgia in the period of June, July and Au- acis of gi St, or in such other month as the State School Commissioner s^. ' 11 ly deem best and expedient ; provided, however^ that the State S hool Commissioner may, in his discretion, combine the an- n lal session of said institutes, or any number of them, so that tl esame may be held in any county designated by him ; to pre- p ire a program of exercises, with a syllabus of each subject^ ^^^^^ n imed in said program, for each day's session of said institute ; ^^ ^ t( » require County School Commissioners to operate at their reg- ^^• wXdiX per diem, said institute, sessions under such general rules a ad regulations as he may deem best ; to require all persons, ■V'hite and colored, teaching in Georgia, or having licenses en- t tling them to teach in the State, provided that those not teach- i ig have not permanently retired from teaching ; to attend all sessions of said institutes held in the county of their residence, .and perform all duties required of them as members of said in- stitutes, unless providentially prevented ; to secure a prompt attendance of the teachers upon the exercises of said institutes ■kr causing the County School Commissioners and County .TOards of Education t » collect such fines from absentees as may >e deemed just and reasonable by said Commissioners and Boards ; proinded^ that no teacher shall be fined till he or she has stated the cause of his or her absence in writing, to said Com- issioners and Boards, and they have duly considered the same ; vided^ further, that all money thus collected shall be used in 32 Compilation of Common SchooIv Laws. purchasing teachers' libraries for the counties in which said fines may be collected ; to provide separate institutes for the white and the colored ; to pay from the educational fund of each county an amount not to exceed twenty- five dollars per annum for the purpose of securing the services of an expert in conducting the week's session of the institute of said county, which expert shall be chosen by the County School Commissioner and Coun- ty Board of Education, which expert shall assist in conducting the exercises of each annual week's session of said institute in the county where he is thjs employed ; to cause all sessions of said institutes to be held at county seats, or such other places as may be selected by the County School Commissioner, and allow all persons so desiring to attend the sessions of said institutes ;; provided^ that all visitors shall be subject to the rules and reg. ulations of said institutes while attending the exercise.*^ of the same ; and to prescribe from time to time such other rules and regulations as he and the County School Commissioner may deem best for successfully operating said institute. Examination of Applicants for License to Teach. 3a PART VIII. EXAlflllVATION OF APPIilCANTS FOB LICEIVSE TO TEACR, 4 rading-of papers— licenses— graduates of colleg-es not exempt from exumiiiatioii. H t Section i. That the County Commissioners shall examine c 11 applicants for licenses to teach in their respective counties, aS!'©?*^ < iving previous public notice of the day upon which the exami-pageiis* 1 ations are to take place, and said Commissioaers shall be al- 1 )wed to invite such persons as they may think proper to assist i 1 these examinations. Applicants for license to teach in the ( ommon schools shall be examined upon orthography, reading, ^ riting, English grammar, geography, arithmetic, and the sci- cnce and practice of teaching in common schools. No license^ ^ shall be granted any person to teach in the public schools, re-J^^- »*«•■ ceiving money from the State, after the first Monday in Janu- ary, 1903, who has not passed a satisfactory examination in I hysiology and hygiene (physiology, which shall include with c ther hygiene, the nature and effect of alcoholic drinks wilh f ther narcotics upon the human system.) Said examinations lall be held throughout the Slate on a day or days to be fixed I ty the State School Commissioner, and on questions prepared and sent out by him to the County School Commissioners. The State School Commissioner shall also prepare and supply the (bounty School Commissioner with printed instruction as to the grading of applicants on and by a uniform grade, and shall fix the lowest standard for each class of licenses. No applicant for teacher's license shall be examined on any ether day than the one designated as above described, except in cases where the County Board of Education shall order a spe- cial examination; no special examination shall be ordered by 5 aid Board except for good and sufficient reasons and to meet some special emergency. In such cases the questions shall be j.repared by the County vSchool Commissioner, or by some com- ^.etent person under his authority, and their contents shall not I 34 C0MPII.ATION o^ Common SchooIv Laws. be made known to the applicant or applicants until the exami- nation actually commences; said examination shall be con- ducted under the same rules and regulations as are provided by- law for other examinations, but the licenses granted shall be valid only until the next examination ordered by the State School Commissioner, and it shall not be lawful for the County School Commissioner of any county, other than that in which said special examination is held, to endorse a license granted thereunder. The County Board of Education shall have power, if they deem best, to employ teachers at a salary. Sec. 2. It shall be the duty of the County School Commis- 188^ page sioners after thorough examination of the papers submitted by applicants for licenses as teachers, upon the examination con- ducted as prescribed in the preceding section, to grade the ap- plicants according to the instructions furnished them by the State School Commissioner, submitting his report and recom- mendations thereon in writing to the County Board of Educa- tion, who shall grant to the applicants licenses of the first, sec- ond or third grade, to be determined by the qualifications exhib- ited and the standard attained; provided^ they shall attain at least the lowest grade-mark fixed by the State School Commis- sioner for each grade ; and provided further^ that each applicant submits with his or her examination paper satisfactory evidence in writing of good moral character. A license of the first grade shall continue in force for three years, a license of the second grade for two years, and a license of the third grade for one year, which said licenses shall entitle teachers holding them to be employed for and during the period of their licenses in any of the common schools of the county where issued. Licenses, to be good in another county than the one in and for which they are issued, must be endorsed by the County School Commis- sioner of the county in which the applicant desires to teach. See Report of Depstrtment of Education, 1903, page 68, rale 10 of Rules for Examination. Actio! AH students or graduates of any school, college or other in- |J99»pa«6 stitution of learning shall be required to stand an examination ,XAMINATI( jCANTs FOR License to Teach. 3i is now prescribed by the general common school laws of this State before the County School Commissioner of each county n this State in which they desire to teach and get a license rom the County School Commissioner before being permitted o teach in the common or public schools of such county ; pro- rided^ that nothing herein contained shall be construed to in- validate any license to teach in the schools in this State now leld by any person. And all laws and parts of laws authorizing and entitling any student or graduate of at^y school, college or other institution ■A learning to teach in the common or public schools of this State on the certificate or diploma from any school, college or other institution of learning, or the officers thereof be, and the same are, hereby repealed. See Part xvi, Note 2. Permanent Ijicense to teach« I ' Sec. 3. After passing upon the examination papers as here- inbefore provided, if, in the opinion of the County School Com- ^^^^ of missioner, any one or more of them exhibit unusual merit, he"^- shall forward such papers to the State School Commissioner, together with his certificate of the good, moral and professional character of the applicant, and if, in the opinion of the State School Commissioner, said papers exhibit a sufficient degree of merit, he shall issue a permanent teacher's license to the appli- c ant, which license shall be good in any county of this State, and which shall only be revocable by the State School Com- , missioner for good and sufficient cause. r Note.— Examination papers of applicants for permanent license to teach should be graded by the County School Commissioner and forwarded by express or registered mail. It Revoking^ of L.icenMcs— appeal— forfperjr inlLicense a felony^* Sec. 4. That the County Commissioner shall have power, and it shall be his duty, to revoke licenses e:ranted by him, or his Acts of , ^ . . , . , ' 1887, page predecessors, for incompetency, immorality, cruelty to pupils, 'S- or neglect of his duties, and the revocation of the license of It 36 Compilation of Common SchooIv Laws. any teacher shall terminate the connection of said teacher with any school which he may have been employed to teach ; but any teacher so dismissed shall have the right to appeal to the County Board of Education, whose decision shall be final. See Part xiv, Note 7. Whoever, with intent to defraud the State or any county, Acts of town or city, or any person, shall falsely and fraudulently make, forge, alter or counterfeit, or cause or procure to be falsely and fraudulently made, forged, altered or counterfeited, or willingly aid or assist in falsely and fraudulently making, forging, alter- ing or counterfeiting any certificate or license issued by any County School Commissioner of this State, or the executive officer of any local school board to a teacher, shall be deemed guilty of a felony, and upon conviction therefor shall be pun- ished as prescribed by section 233 of the Penal Code. 1900, page School Census. 37 PART IX. SCHOOL CE^iSUS. Xinie for tatcingr census. Section i. That it shall be the duty of the County and City Boards of Education of this State to cause an enumeration t&i^^ pige of the children betwesa^ ^ix and eighteen years of age to be m'ade under instructions fromthe State School Commissioner, in the year 1888, and every ten years thereafter, as hereinafter prescribed. In the year 1893, and every ten years thereafter, it shall be the duty of the State Board of Education, in the early part of the year, to have an estimate made from the last census taken by the authorities of the United States, of the number of children of school age in each county of the State, and in each town or city under a local school law, and if, from the ev- idence thus obtained, or from other evidence of any kind, the said Board shall become satisfied that a new enumeration of the school population ought to be taken for any county or counties, or for any town or city, or the entire State, it shall be their duty to order the said enumeration to be taken accordingly. Enumerators: Duties, compensation, oath- mi»sion«r as enumerator. -County Scliool Com< n Sec. 2. The different County or City Boards shall employ one or more competent, reliable persons to take the enumeration A^jjp of above mentioned, in their respective jurisdictions, and the per- sons so employed shall go from house to house, making a thor- ough canvass of the territory assigned them, taking the num- ber of children between the ages of six and eighteen years^ and distinguishing between the sexes and races. The persons thus employed shall be known as enumerators of the school census, and shall take and report any additional statistics required by the State School Commissioner. They shall receive as com- pensation a per diem not to exceed two dollars in the counties, or two dollars in the cities, or in city and county where the page 38- CoMPiivATiON o^ Common SchooIv Laws. same are under local laws, to be paid out of the school fund of the jurisdiction in which the work is done. They shall luoie- over, be required to make oath that the work done by them has been carefully and faithfully done according to the true intent and meaning of this Act, the form of oath to be prescribed by the State School Commissioner ; provided^ that nothing herein contained shall be construed to prevent the County Boards from employing the County School Commissioners to do the work contemplated in this section. New eiiiimeratioii. Sec. 3. The State Board of Education is hereby empow- Aets of ered to order at once a new enumeration when they are in doubt 1887, page -^ 82. as to the accuracy of the return made from any county or city ; but the enumerators first making their return shall receive no compensation in case it is found their enumeration was not cor- rect. In case their enumeration is verified by the second enu- meration, then both shall be paid, but the amount paid them shall be deducted from the school fund appropriated to this special territory. Fixing compensation of enumerators. Sec. 4. The respective County or City Boards are hereby Acts of empowered to fix, within the limits prescribed above, the per 1887, page ^ . - , p -I 1 1 ^2- diem compensation of the enumerators or the school census employed by them. Note.— Clauses in special laws authorizing annual school census are in^ conflict with this general law. PART X. ItlISCEL.L.AN£:Oi;S. CountT line schools. Section i. That admission to all common schools of this State shall be gratuitous to all the children between the ages of ^^g^g" ^^^ six and eighteen years residing in the sub-districts in which ^^ the schools are located ; provided^ that colored and white chil- dren shall not attend the same school ; and no teacher receiving or teaching white afid colored pupils in the same school shall be allowed any compensation at all out of the common school fund. In special cases, to meet the Cbvious demands of con- venience, children residing in one sub-district may, by express, permission of the County Board, attend the common school of another sub-district ; and when a common school is located near a county line, children from an adjoining county shall be per- mitted to attend the school; provided^ such children reside nearer such school or said school is more accessible to the resi- deuces of such children than any public school in the county of their residence. And in such cases, the teacher shall make out two accounts for his services, one against each County Board, in amount proportioned to the number of children in the school from the respective counties. Note.— A small incidental fee is a reasonable charge against all pupils who are able to pay the same. This fee should be applied only to current incidental expenses; keeping the house in order, providing crayon, fuel, etc. This is in line with the custom of many schools in which the girls keep the schoolroom in order and the loys bring water, fuel, etc. In a few schools of this State whose patrons are indifferent the teachers have had to meet the current incidental expenses. Every good school building should be under the constant care of a janitor, and patrons should make due provisions for the equipment and care of the school building. Note 2.— Teachers of county line schools should report to each county the number of pupils and the amount of salary received from the other county, ('ounty Boards through the County School Commissioner of each county should pay salaries of teachers according to contract direct to teachers of county line schools. 40 'Compilation of Common Schooiv Laws. manual labor schools* Sec. 2. That the County Board of Education shall have 1887? page power to Organize in each county one or more manual labor ^®' schools on such a plan as shall be self-sustaining ; provided^ that, the plan be first submitted to and approved by the State Board 'of Education. ETeiiliig: schools. Sec. 3. That the Board of Education of any county shall Iss?! pigfe have the power to establish, at such places as they may deem ' proper, within the limits of their jurisdiction, a suitable num- 'ber of evening schools for the instruction. of such youth over twelve years of age as are prevented by their daily avocations from attending day schools, subject to such regulations, not in- consistent with the provisions of this Act and the instructions is- sued under it by the State School Commissioner, as said Board, from time to time, may adopt for the government thereof. Exemption' of school property from taxation* Sec. 4. That each and every lot or parcel of land which has 1887! page been or may be hereafter obtained by purchase, or in any other '^* way, by any County Board of Education for the use of common schools, together with any school building that may have been or shall be erected thereon, and all school furniture shall be ex- empt from all taxes. State and county, and from levy and sale under any execution or other writ or order in the nature of an execution ; provided^ that the lot of land so exempted shall not exceed four acres, and if there be any excess over that number of acres, then that portion, not to exceed fcur acres, most con- venient for school purposes, shall be exempt as aforesaid, the exempted portion to be set off by order of the County Board. Scholastic month defined. Sec. 5. That from and after the passage of this Act, twenty Acts of school days shall constitute and be deemed and treated as a 1898, page •' ^' scholastic month in all the public schools of this State. JLocal school systems. Sec. 6. That nothing in this Act shall be so construed as to EOUS. prevent any city with a population greater than two thousand inhabitants, or any county or town under authority of the Gen- Acts of era! Assembly of this State, from organizing a public school**^- system independent of this system, or to prevent the said inde- pendent organization from drawing its pro rata share of all edu- cational funds raised by the State; provided^ the chief executive officer of such independent organization shall make the same 'regular reports to the State School Commissioner as are required from the County Commissioners by this Act; provided further^ that nothing contained in this Act shall be construed to annul or repeal any local law now of force in any city or county in this State providing for the organization and maintenance of the common or public schools in such city or county. Arbor Day. Sec. 7. The first Friday in December in each year shall be s of 91. If set apart and consecrated as a day for tree-planting, and shall fg^J' be known throughout the State as ''Arbor Day/' that it shall p*»® ^^^• be the duty of the State School Commissioner to take the mat- ter of the observance of "Arbor Day" by the public, under his general supervision, and through the County School Commis- sioners to cause the public schools of the State to observe *' Arbor Day" as the superintendents and teachers may think l)est, in order to show the pupils the value and beauty of forestry by practical tree-planting on school, church, and other public lots, lawns, as well as on the public highways. t\ Physiology and Hjrg-ieiic 10 be laiig^lit in public scliools. Sec. 8. The nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human system in ^^^^ J^^^ connection with the several divisions of the subject of physi- ■^■*' ology and hygiene, shall be included in the branches of study taught in common or public schools in the State of Georgia, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools. Sec. 9. It shall be the duty of county and city superintend- ents of schools receiving aid from the State to report to the II 42 CoMPiivATiON 01^ Common School Laws. State School Commissioner any failures or neglect on the part of the Boards of Education to make provision for instruction of all pupils in any or all the schools under their jurisdiction, in physiology and hygiene (physiology, which shall include with other hygiene the nature and effects of alcoholic drinks and other narcotics upon the human system), and the Board of Edu- cation of each county of this State shall adopt proper rules to- carry the provisions of this law into effect. Agriculture and Civil Government to be taug^lit in tlie com no n schools. Sec. II. The elementary principles of agriculture and the elements of civil government be included in the branches of study taught in the common or public schools in the State of Georgia, and shall be studied and taught as thoroughly and in the same manner as other like required branches are studied and taught in said schools. Sec. 12. It shall be the duty of county commissioners of all Acts of schools receiving aid from the State to report to the State School 1903, page ° -^ ^*- Commissioner any failures or neglect on the part of their re- spective boards of education to make provisions for instruction of all pupils in any and all of the schools under their jurisdic- tion in said branches, and the board of education of each county of this State shall adopt proper rules to carry the provisions of this law into effect. See Part xvi, Note 7. Liaur for Binding: out Cliildrcn. Sec. 13. That all minors may, by whichever parent has the ^ets of legal control of them, be bound out as apprentices to any re - ^- spectable person, imtil they attain the age of twenty-one, or for a shorter period. Sec. 14. It shall be the duty of the Judge of the County is6b, page Court, or Ordinary, to bind out, in like manner, all minors whose parents are dead, or whose parents reside out of the county, the profits of whose estate are insufficient for their sup- port and maintenance ; also, all minors whose parents, from It Miscellaneous. g^, infirmity or poverty, are unable to support them ; provided, hat before the Judge of the County Court or Ordinary shall )ind out any such minor, such Judge or Ordinary shall give ifteen days' notice, a plainly written citation, calling upon all )ersons interested, to show cause why such minor should not be )ound out, and specifying the time and place when he will pass ipon the same, one of which citations shall be posted on the :ourthouse door of the county, and the other at some public place in the militia district in which said minor may then be, and shall also cause copies of said citation to be served upon the next of kin of said minor, if any be found in said county, ^^^^ ^^ at least ten days before the hearing, and if no next of kin arejQ^**' ^^^^ found in the county, then the citation to be published once a week for four weeks in the paper in which the legal advertise- ments are published ; and in all such cases the Judge 'or Ordi- nary shall appoint for such minor a guardian ad litem, before binding him or her out, which guardian ad litem shall not be the applicant, or any relative of his. After a full hearing, such Judge or Ordinary may bind out such minor or minors, if no blood kin of said minor or minors appear, who are willing and competent to undertake his support and maintenance, and if no other good cause to the contrary be shown by such guardian ad litem, or any other person. Note 1.— The natural guardian and the Ordinary of the county shall in- rt in the contract of binding to secure the child so bound such treatment nd education as shall be suitable and useful to its situation and circum- stances in life. (Code of Ga. Sec. 2375.) Note 2. — Many homeless orphans are being cared for by the Orphans'' Homes that have been established in this State. Through adoption, thei^e homes place many of the orphans with good families. For list of Orphan- ages see Report of Department of Education, 1904, p. 344. » l.u\v tor Protection of Birds, ertain Birds Protected* Section, i. That from and after January i, 1904, it shall be unlawful for any person in the State of Georgia to kill, catch Acts of or have in his or her possession, living or dead, any wild bird »8. other than a game bird in raw state, or to purchase, offer or ex- 44 Computation o^ Common Schooi. Laws. pose for sale, transport or ship, within or without the State, other than stuffed, or branched or mounted, any such wild bird after it has been killed or caught, except as permitted by this Act. No part of the plumage, skin or body of any bird pro- tected by this section shall be sold or had in possession for sale. For the purposes of this Act the following only shall be con- sidered game birds : Swans, geese, brant, river and sea ducks, rails, coot?, mudhens and gallimules, shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers and curlews, wild turkeys, grouse, prairie chickens, pheasants, doves, partridges ~and quail. Nests and Eggs. Sec. 2. It shall be unlawful for any person within the State of Georgia to take or needlessly destroy the nest or eggs of any wild non-game bird, or have such nest or eggs in his or her possession, except as permitted by this Act. Certificates to collect for scientific purposes. Sec. 3. Sections i, 2 and 8 of this Act shall not apply to any person holding a certificate giving the right to take birds, their nests or eggs, for scientific purposes, as provided for in section 4 of this Act. Sec. 4. Certificates may be granted by the Commissioner of Agriculture to any properly accredited person of the age of fif- teen years or upward, permitting the holder thereof to collect birds, their nests or eggs, for strictly scientific purposes only. In order to obtain such certificate the applicant for the same must present to the person or persons having the authority to grant said certificate written testimonials from two well-known scientific men, certifying to the good character and fitness of said applicant to be entrusted with such privilege ; must pay the said persons or officers one dollar to defray the necessary expenses attending the granting of such certificate ; and must file with said persons or officers a properly executed bond in the sum of two hundred dollars, signed by two responsible citizens ISCEIvLANEOUS. of the State, or an incorporated surety company as sureties. On p: )of that the holder of such certificate has killed any bird, or ta ;en the nest or eggs of any bird, for other than scientific pur- p< ses, his bond shall be forfeited to the State and the certificate be come void, and he shall be further subject for each offense to t epenaldes provided therefor in section 9 of this Act. Sec. 5. The certificates authorized by this Act shall be in fc :ce one year only from the date of issue and shall not be trans- h :able. Sec 6. The English or European house sparrow, great h )rned owl, sharp-shinned hawk, commonly known as the little b ue darter or blue tail, cooper's hawk, known as the big blue d rter or blue tail, crow, lark, crow -blackbird, jackdaw and rice- rd are not included among the birds protected by this Act. i omestic pets. Sec. 7. Nothing in this Act shall prevent the keeping of any '^ ild non-game bird in a cage as a domestic pet ; provided, that s ich bird shall not be sold or exchanged, or offered for sale or e cchange, or transported out of the State. V ardens— Charg^es lo grand Juries— penalties. Sec. 8. The judges of the superior courts of the several cxintiesof this State are authorized to appoint one or more vardens whose duties it shall be to enforce the provisions of t lis Act, and who shall have the same power to make arrests for violations of this Act as the sheriffs of this State ; and that t le compensation of such wardens shall be one-half of the fines and forfeitures imposed by the court and paid by the violators, the other half to be paid to the school fund of the county in \/hich the arrests are made. The judges of the Superior Court shall give the provisions of this Act in special charge to the- ^ rand jury at each regular term of the court. Sec. 9. Any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and shall, upon convic- tion, be fined five dollars for each bird, living or dead, or part of bird, nest or set of eggs or part thereof, possessed in viola- n 51 46 Compilation of Common School Laws. tion of this Act, or shall be imprisoned not less than five nor more than thirty days for each offense ; or shall be subject to both such fine and imprisonment at the discretion of the court. Schools in ueiv couiities^Special Provisiousf. Sec. 15. The grand jury in each new county shall at the 1905^ pi e ^^^^ session elect a county board of education, as now provided by law, and that said county board of education shall immedi- diately organize, and the said county board of education is hereby vested with all the powers and rights that are given by law to the county board of education in existing counties : that until the organization of the county board of education, the school in such a new county shall remain under the control of the boards of education of the counties from which the ter- ritory to form said new county was taken, but immediately upon the organization of the county board of education in said new county such control shall cease and pass to the board of edu- cation of the new county, which shall be entitled to manage and control the schools within the new county as now provided by law. Provided , that in every instance when a new county has been Acj.sSof or hereafter may be created out of the territory of any one or more of the counties organized prior to December i, 1903, and such old counties shall at the time of the approval of this Act have on hand either in the Treasury of this State or elsewhere any funds subject to the provisions of the Act hereby amended, then such funds shall be equitably apportioned between such new county and the old counties whose territory went to the formation of the new county, the basis of apportionment be- tween the new county and the old counties affected to be the school population of said counties as the same may appear from the record in the office of the State School Commissioner, or as may be agreed upon by the authorities of counties affected. Sec. 2. Be it further enacted by the authority aforesaid, That it is hereby made the duty of said State School Commis- sioner to apportion said funds and to cause the same to be paid 1906. [TsCEI.IyANEOUS. )ver upon lawful demand to the respective counties entitled hereto. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be and the same are, hereby repealed. Isolation and (5) days from date of last exposure. HI Yellow Fever: Isolation in screened room (protected fire-place) until Hff.af ter complete recovery and disinfection of premises. ' Typhus Fever: For the patient : Isolation until after complete recov- ery and disinfection of the premises. For exposed persons: Quarantine for twenty-one (21) days from date of last exposure. Days to be observed by appropriate exercise** January 1— New Year's Day. January 19— Lee's Birthday. n 48 Computation oi^ Common School Laws. February 12 — Georgia Day. February 22— Washington's Birthday. April 26— Memorial Day. June 3— Davis' Birthday. July 4— Independence Day. September, First Monday— Labor Day. November, Fourth Thursday— Thanksgiving Day. December, First Friday— Arbor Day. December 25— Christmas Day. Uniform Text-Book Law. 49 PART XI. IJNIFOR.TI TEXT-BOOK LAW. ichool-bonk Coniniissioii* Section 1. Be it enacted by the General Assembly of the State of Georo:ia, and it is hereby enacted by authority of the Act*? of same, That the State Board of Education, consisting of the^^- Governor, Secretary of State, Comptroller-General, Attorney- General and State School Commissioner, be, and are, hereby made the School-book Commission of the State of Georgia, The members of the said School-book Commission shall serve without compensation ; the Governor shall be president, and the State School Commissioner shall be the executive officer of said School-book Commission. Before transacting any business relating to the duties of this commission, they shall each take an oath before some person authorized to administer same, to faithfully discharge all the duties imposed upon them as mem- fcers of the said School-book Commission, and that they have no interest, direct or indirect, in any contract that may be made 1 ^under this Act, and will receive no personal benefit therefrom. Uniform scries of tc>xt-books. Sec. 2. Be it also enacted by the authority aforesaid. That I prom and after the first day of January, 1904, or such date there- after, not more than sixty days, as shall be deemed necessary and practicable by the School-book Commission to allow to the contractors to furnish to the schools of the State the books in- cluded in the contracts made by said commission with such con- tractors, a uniform series of text-books, shall be used in all the common schools of this State, to be adopted in the manner and for the time hereinafter provided, which uniform series of books shall be in use in all the common schools of this State, and shall include the following elementary branches of an Eng- lish education only, to wit : Orthography, reading, writing, arithmetic. Geography, English language lessons, English gram- H 4 si ho Computation of Common SchooIv I^aws. taiar, history of Georgia containing the Constitution of the State x)f Georgia, history of the United States containing the Consti- tution of the United States, physiology and hygiene, the ele- mentary principles of agriculture and civil government, and such other branches of study in addition to the above-mentioned as may be from time to time provided for by statute, and not conflicting with the Constitution of this State ; provided^ that none of said text-books so adopted shall contain anything of a par- tisan or sectarian character; and provided^ that no county, city or town that levies a local tax for the purpose of maintaining a sys- tem of graded schools, which local tax, together with the State fund, is sufficient to maintain said system of graded schools, for as long a period as eight months in each year, shall be in- cluded in the provisions of this Act ; but if the duly constituted authorities in charge of any local system in this State should desire to use any of the books selected by said School-book Commission, the said local system shall have the privilege of buying said books at the same price and on the same terms at which they are furnished to the common schools of the State. Sub-commission* Sec. 3. Be it further enacted by the authority aforesaid. That it shall be the duty of the said School-book Commission to elect a sub-commission of five, to be selected from among the teach- ers of the State who are actively engaged in school work, either as normal school teachers, common school teachers, graded school teachers, county school commissioners or city superin- tendents ; provided^ that no more than one of the members of said sub-commission shall be taken from one congressional dis- trict. Sample copies of all books sent to the said School-book Commission as specimen copies upon which bids are to be based shall be referred to the sub-commission for examination, and said sub-commission shall examine and report upon the merits and demerits of the books irrespective of prices, taking into consideration the subject-matter of the books, their printing, their material and mechanical qualities and their general suit- ability and desirability for the purposes for which they are de- NiFORM Text-Book Law. 51 Iired and intended. It shall further be the duty of each mem- )er of said sub-commission to make an individual report to the iaid School-book Commission at such time as said commission ;hall direct, arranging each book in its class, and reporting them n the order of their merit, pointing out the merits and de- merits of each book, and indicating what books he recommends for adoption first, what book is his second choice, and what his third choice, and so on, pursuing this plan with the books sub- mitted upon each branch of study ; and if any member of said sub-commission shall consider different books upon the same subject or of the same class or division of approximately equal merit, all things being considered, he shall so report, and if he thinks that any of the books offered are of such character as to make them inferior and not worthy of adoption, he shall, in his report, designate such books, and in said report each mem- H .T^er of said sub-commission shall make such recommendation and suggestions to the said School-book Commission as he shall deem advisable and proper to make. Said individual reports of the different members of the sub-commission shall be kept H Isecret and sealed and shall be delivered to the Secretary of the - State, and said report shall not be opened until the said School- book Commission shall meet in executive session to open and consider the bids or proposals of publishers and others desiring to have books adopted by said commission. Each member of said sub-commission, before entering upon the duties of said sub-commission, shall take and subscribe to an oath to act hon- stly, conscientiously and faithfully, and that he is not directly or indirectly in any manner interested in any of the proposed ^■contracts, nor in any book or publishing concern^of any kind r character, and that he will examine all books submitted carefully and faithfully, and make true reports thereon, as herein directed and prescribed ; said oath shall be filed in the office of the Secretary of State. Said School-book Commission shall hear and consider said reports of the members of the sub- commission in its selection and adoption of the uniform series of text-books, and shall also themselves consider the merits of o It: H 62 Compilation of Common School Laws. the books, taking into consideration the subject-matter, the printing, binding and material and mechanical qualities and their general suitability and desirability for the purposes in- tended, and the price of said books ; and they shall give due consideration and great weight to the reports and recommenda- tions of the sub-commission ; provided^ that no text-book, the subject-matter of which is of inferior quality, shall be adopted by the said School-book Commission. Said School-book Com- mission shall select and adopt such books as will, in their best judgment, accomplish the ends desired. When the said School- book Commission shall have finished with the reports of said sub-commission, the individual reports of the members of said sub-commission shall be filed and preserved in the office of the State School Commissioner, and shall be open at all times for public inspection. Bids. Sec. 4. Be it further enacted, That the said School-book Commission shall meet in the office of the vState School Com- missioner not later than September i, 1Q03, and advertise in such manner and form as they may deem best, that, at a time to be fixed by said commission to be named in the advertise- ment, and not to be later than November i, 1903, said School- book Commission will receive at the office of the State School Commissioner, in the city of Atlanta, sealed bids or proposals from the publishers of school-books for furnishing books to the public common schools of the State of Georgia through agencies established by said publishers in the several counties and places in counties in the State, as may be provided for in such regula- tions as said School-book Commission may adopt and prescribe. The bids or proposals shall be for furnishing the books specified for a period of five years, and no longer. Said bids or proposals shall state specifically and clearly the retail price at which each book will be furnished, and also the exchange price for the in- troduction of such books. Each bid or proposal shall be accom- panied by specimen copies of each and all books to be furnished Uniform Text-Book Law. 53 i: said bid ; and it shall be required that each bidder shall d posit with the Treasurer of the State of Georgia a sum of 1] oney such as the said School-book Commission may require, not less than five hundred dollars, and not more than twenty- f; /e hundred dollars, according to the number of books each 1 dder may propose to supply, and buch deposit shall be for- f ited absolutely to the State if the bidder shall fail or refuse to 1 lake and execute such contract or bond as is hereinafter re- < aired within such time as the said School-book Commission 1 lay require, which time shall not be later than January i, 1904, i nd shall also be stated in said advertisement. All bids shall 1 e sealed and deposited with the Secretary of State, to be by 1 im delivered to the said School-book Commission when they '< re in executive session for the purpose of considering the same, ^ /hen they shall be opened in the presence of said School-book < 'ommission ; provided^ that the Sdiool-book Commission shall 1 ave authority, upon the acceptance of any bid and the execu- 1 ion of any contract to furnish school-books under the provi- sions of this Act, to allow such time, after January i, 1904, as may be deemed by said commission reasonable and necessary li^ot more than sixty days), to the contractor making such bid or contract, within which to furnish to all the schools of this State coming under the provisions of this Act, with all the l)ooks contracted to be furnished. P|doptioii— contracts— forfeitures and recoveries on Bonds. Sec. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of said School-book Commission to aieet at the time and place noted in said advertisement and take out the specimen copies submitted and upon which the bids are based, and refer and submit them to the sub-commission as pro- vided for and directed in section 3 of this Act, with instruction to the s^id sub-commission to report to them at a specified time with their reports, classifications and recommendations as pro- vided in section 3. When the said reports are submitted it shall be the duty of the said School-book Commission to open and amine all sealed proposals submitted and received in pursu- H 54 Compilation of Common School Laws. ance of the notice provided in section 4 of this act. It shall then be the duty of said School-book Commission to examine and consider carefully all such bids or proposals, together with the reports and recommendations of the members of the sub- commission, and determine, in the manner provided in section 3 of this Act, what book or books upon the branches herein above mentioned, or that hereafter may be added by said School- book Commission, or may be hereinafter provided for in this Act, shall be selected and adopted, taking into consideration the size, quality as fo subject-matter, material, printing, binding, and the mechanical execution and price and the general suita- bility for the purposes desired and intended. And after such adoption shall have been made, the said School-book Commis- sion shall, by registered letter, notify the publishers or proposers to whom contracts have been awarded, and it shall then be the duty of the Attorney-General of the State to prepare the said contract or contracts in accordance with the terms and provi- sions of this Act, and the said contract shall be executed by the Governor and attested by the Secretary of State with the seal of the State attached upon the part of the State of Georgia, and the said contract shall be executed in triplicate, one copy to be kept by the contractor, one copy by the School-book Commis- sion, and copied in full upon the minute-book of the commis- sion, and one copy to be filed in the office of the Secretary of State. At the time of the execution of the contract aforesaid, the contractor shall enter into a bond in the full sum of not less than one thousand dollars nor more than twenty thousand dol- lars, payable to the State of Georgia, the amount of said bond within said limits to be fixed by said School-book Commission, conditioned upon the faithful, honest and exact performance of said contracts, and shall further provide for the payment of rea- sonable attorney's fees in case of recovery on any suit upon the same, with three or more good and solvent sureties, actual citi- zens and residents of the State of Georgia, or any guarantee company authorized to do business in the State of Georgia may become the surety on the said bond ; and it shall be the duty of w5oRi^TEXT-BooK Law. 55 the Attorney-General to prepare and approve said bond ; pro- vided, hoivever^ that said bond shall not be executed in a single recovery, but may be sued upon from time to time, until the full amount thereof shall be recovered ; and the said School- book Commission may, at any times, by giving thirty days' no- tice, require additional security or additional bond within the limits prescribed. And when any persons, firm or corporation shall have been awarded a contract and submitted therewith the bond as required hereunder, the said School-book Commis- sion, through its secretary, shall so inform the Treasurer of the State, and it shall then be the duty of the Treasurer of the State to return to such contractor the cash deposit made by him ; and the said School-book Commission, through its secretary, shall inform the Treasurer of the State of the names of the unsuc- cessful bidders or proposers, and the Treasurer of the State shall, upon receipt of this notice, return to the unsuccessful bidders or proposers the amount deposited in cash by the unsuc- cessful bidders or proposers at the time of the submisson of their bids. But should any person or persons, firm, company or corpora- tion fail or refuse to execute the contract and submit therewith his bond as required by this Act within thirty days of the award- ing of the contract to him and the mailing of the registered letter containing the notice (and it is hereby provided that the mailing of the registered letter shall be sufficient evidence that the notice was given and received), the said cash deposit shall be deemed and declared forfeited to the State of Georgia, and it shall be the duty of the Treasurer to place said cash deposit in the treasury of the State to the credit of the school fund; and provided further, that any recovery had on any bond given by any contractor shall inure to the benefit of the school fund of the State, and when collected shall be placed in the treasury to the credit of the school fund and be prorated among the several counties of the State. standard of books— prices— excli inp^e price. Sec. 6. Be it further enacted by the authority aforesaid > That the books furnished under any contract shall be equal in 56 ' CoMPiivATiON OF Common School Laws. all respects to the specimen or sample copies furnished with the bids; and it shall be the duty of the Secretary of State to pre- serve in his office, as the standards of quality and excellence to be maintained in such books during the continuance of such contract, the specimen or sample copies of all books which have been the basis of any contract, together with the original bid or proposal. It shall be the duty of all contractors to print plainly on the back of each book the contract price as well as the ex- change price at which it is agreed to be furnished, but the books submitted as sample or specimen copies with the original bids shall not have the price printed on them before they are sub- mitted to the sub-commission. And the said School-book Com- mission shall not in any case contract with any person, publisher or publishers for the use of any book or books which are to be or shall be sold to patrons for use in any public school in this State at a price above or in excess of the price at which such book or books are furnished by said person, publisher or pub- lishers under contract to any State, county or school district in the United States under like conditions prevailing in that State and in this Act; and it shall be stipulated in each contract that the contractor is not now furnishing, under contract, any State, county or school district in the United States where like condi- tions prevail as are prevailing in this State and under this Act, the same book or books as are embraced in said contract at a price lower or less than the prices stipulated in the said con- tract ; and that in case said contractors shall hereafter, during the term of said contract, contract to furnish, or furnish, to any State, county or school district such book or books at a lower price than that named in the contract, such lower price shall become the price of such book or books under the contract entered into with the said School-book Commission. And the said School-book Commission is hereby authorized and directed at any time they find that any book or books are being sold at a lower price, under contract, to any State, county or school dis- trict aforesaid, to sue upon the bond of said contractor and recover the difference between the contract price and the lower IF tl: I Uniform Text-Book Law. 57 irice at which they find the books are being sold. And in case my contractor shall fail to execute specifically the terms and jrovisions of his contract, said School-book Commission is lereby authorized, empowered and directed to bring suit upon ;he bond of such contractor for the recovery of any and all iamages, the suit to be in the name of the State of Georgia and he recovery for the benefit of the public school fund. But lothing in this Act shall be construed so as to prevent said School-book Commission, and any other contractor agreeing ;hereto, from in any manner changing or altering any contract, provided four members of the State School-book Commission shall agree to the change and think it advisable and for the best interest of the public schools of the State. In all other matters a majority of said School-book Commission shall control. Sec. 7. Be it further enacted by the authority aforesaid, That it shall be always a part of the terms and conditions of any contract made in pursuance of this Act, the State of Georgia shall not be liable to any contractor, in any manner, for any sum whatever ; but all such contractors shall receive their pay or consideration in compensation solely and exclusively derived from the proceeds of the sale of books, as provided for in this Act ; provided fiirther, that the said School-book Commissiori shall stipulate in the contract for the supplying of any book or books, as herein provided, that the contractor or contractors shall take up the school-books now in use in this State and receive the same in exchange for new books at a price not less than fifty per cent, of the contract price ; but the exchange period shall not extend beyond the limit of one year from time of the expiration of contracts existing in counties in which such said change shall be required under this Act. And each person or publisher making any bid for the supplying of any books hereunder shall state in such bid or proposal the exchange price t which such book or books shall be furnished. ids niuy be rrjecfcd. Skc. 8. Be it further enacted by the authority aforesaid. That the said School-book Commission shall have and reserve the 58 Compilation of Common SchooIv Laws. right to reject any and all bids or proposals if said commission be of the opinion that any or all bids should, for any reason, be rejected ; and in case they fail from among the bids or proposals submitted to select any book or books upon any of the branches of study herein provided for in this Act, they may readvertise for sealed bids or proposals under same terms and conditions as before, and proceed in their investigation in all respects as they did in the first instance and as required by the terms and provisions of this Act. Proclamation by tbe Go-rernor. Sec. 9. Be it further enacted by the authority aforesaid. That as soon as said commission shall have entered into a contract or contracts for the furnishing or supplying of books for use in the public schools of this State, it shall be the duty of the Gov- ernor to issue his proclamation announcing such fact to the people of the State. Depositories. Sec. id. Be it further enacted by the authoritj^ aforesaid^ That the party or parties with whom the contract or contracts shall be made shall establish and maintain in some city in this State a depository where a stock of their books sufficient to supply all the immediate demands shall be kept. They shall also establish and maintain not less than one nor more than three agencies in every county in the State as the State School- book Commission shall deem advisable and demand, for distri- bution of the boolcs to the patrons ; but the contractors shall also be permitted to make arrangements with merchants or others for the handling and distribution of the book>«\ Any party not living conveniently near an agency or county deposi- tory may order any books desired from the central depository direct, and it shall be the duty of the contractor to deliver any book or books so ordered to the person so ordering to his post- office address, freight, express, postage or other charges prepaid^ at the retail contract price ; provided^ that the price of the book or books so ordered shall be paid in advance. All books shall Uniform Text-Book Law. 59 be sold to tlie consumer at the retail contract prices, and on the cover of each book shall be printed the following : ' ' The price printed hereon is fixed by a State contract, and any deviation therefrom shall be reported to your county school commissioner or to the State School Commissioner at Atlanta"; and it is expressly provided that should any party contracting to furnish books as provided for in this Act fail to furnish them, or oth- wise breach his contract, in addition to the right of the State to sue on the bond herein above required, the county board of ed- ucation may sue in the name of the State of Georgia in any court having jurisdiction and recover on the bond of the con- tractor the full value of the books so failed to be furnished, for the use and benefit of the school fund of the county ; provided^ that the right of action given to the county board of education shall be limited to breaches of the contract committed in that county. Po-vrers of Commission. Sec. II. Be it further enacted by the authority aforesaid ^ That the said School-book Commission may from time to time make any necessary regulations not contrary to the provisions of this Act, to secure the prompt distribution of the books herein provided for and the prompt and faithful execution of all contracts ; and it is expressly now provided that said com- mission shall niaintain its organization during the five years of the continuance of the contract, and after the expiration of the same to renew such of them as they deem advisable, or readver- tise for new bids or proposals as required by this Act in the first instance, and enter into such other contracts as they may deem for the best interest of the patrons of the public schools of the State ; provided^ that any contract entered into or renewed shall be for the term of five years. Notice by State Sclio«l Commissioner. Sec. 12. Be it further enacted by the authority aforesaid, That as soon as practicable after the adoption provided for in this Act, the State School Commissioner shall issue a circular 60 Computation of Common School Laws. letter to each county school commissioner and city superinten- dent in the State, and to such others as he may desire to send it, which letter shall contain the list of books adopted, the prices, location of agencies, method of distribution, and such other information as he may deem necessary. Books adopted to be used to exclusion of others— Supplementary readers. Sec. 13. Be it further enacted by the authority aforesaid. That the books adopted under the provisions of this Act shall be used to the exclusion of all others on the same subject in all the public common schools of the State ; provided, that supple- mentary readers may be used in any of the common schools of the State, but even supplementary readers shall not be used until after the regular readers prescribed have been completed > and in no case shall supplementary readers be used to the ex- clusion of the regular readers adopted under this Act. Sec. 14. Be it further enacted by the authority aforesaid, That any person or persons violating the preceding section of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than ten dollars nor more than twenty-five dollars. Penalties for violation of la^r. Sec. 15. Be it further enacted by the authority aforesaid, That if any county school commissioner fails or refuses to en- force the provisions of this Act, said county shall receive no part of the public school fund of the State of Georgia until the provisions of this Act have been complied with. Any teacher of a public common school in this State violating the provisions of this Act shall not receive any salary so long as he or she shall fail to carry out the provisions of this Act. Any teacher who shall use or permit to be used in his or her school any text-book upon the branches embraced in this Act, where the commission has adopted a book upon that branch, other than the one so adopted (except it be supplementary readers, as provided in sec- tion 13) shall be guilty of a misdemeanor and shall be punished as provided in section 14 of this Act. I I I Uniform Text-Book Law. 61 Sec. 1 6. Be it further enacted by the authority aforesaid, That if any local agent, dealer, clerk or other person handling or selling the books adopted under this Act shall demand or receive for any copy of any of the books herein provided for, more than the contract price in cases where the purchase is for cash, he shall be guilty of a misdemeanor, and upon conviction shall for each offense be punished by fine not less than fifty nor more than two hundred dollars. Appropriation for expenses of adoption. Sec. 17. Be it further enacted by the authority aforesaid, That the sum of one thousand dollars, or so much thereof as may be necessary, to be paid out of the public school fund, be, and is, hereby appropriated for the purpose of paying the cost and expense of carrying into effect the provisions of this Act. Per diem and expenses of members of sub-commission. Sec. r8. Be it further enacted by the authority aforesaid, That said School-book Commission shall serve without compen- sation, and the members of the sub-commission of five shall be paid a per diem of four dollars per day during the time they are actually engaged, not to exceed thirty days, and in addition shall be repaid all money actually expended by them in the pay- ment of necessary expenses, to be paid out of the public school fund, and they shall make out and swear to an itemized state- ment of such expenses. Terms of contract. Sec. 19. Be it further enacted by the authority aforesaid, That the adoptions made under the provisions of this Act shall continue for five years from the first day of January', 1904, and any adoption of books made after this time shall terminate with all other adoptions on the first day of January, 1904, and that all contracts for school-books made t>y county boards of educa- tion now existing and extending beyond the first day of January, 1904, shall not be affected by this Act, but no new contracts shall be made after the passage of this Act by any county board l_ 62 Compilation o^ Common SchooIv Laws. of education, or by the board of education of any city or town in this State, except the boards of education in Georgia having Tinder their control a system of graded schools in part supported by local taxation and maintained for at least eight months in each year. Repealing^ clause. Sec. 20. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1903. Local, Tax Law. 63 PART XII. AN ACT (As Amended August, J 906.) I.OCAL TAX DISTRICT SCHOOLS AND liOCAL. TAX BY COU.^iTlES. County Boards to lay off scliool districts. ' Section i. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That within thirty days after the passage of this Act, or as soon thereafter as practicable, it shall be the duty of the County Board of Educa- tion of each county in Georgia to lay off the county in school dis- tricts, the lines of which shall be clearly and positively defined by boundaries such as creeks, public roads, land lots, district lines or county lines. The school district thus marked out shall con- tain an area of not less than sixteen square miles, and, when prac- ticable, shall be so shaped as to have the school building as near the center as possible, and no territory shall be included whose occupants reside farther than three miles from the school-house ■ I without written petition of two-thirds of the qualified voters therein; provided, that the Board of Education may have the right to establish districts with areas less than sixteen square miles where there are natural causes or local conditions that make it necessary to do so. The natural causes which will permit the creation of smaller districts are mountains, streams over which there are no bridges, and dangerous roads. Local conditions which will permit the creation of small districts must be deter- mined by the Board of Education. In counties having incorporated towns, now lev}^ing a local I tax for educational purposes and operating a public-school sys- ■ ■ tern under their town charter or special Act of the Legislature, the County Board of Education, with the consent of the munici- pal authorities, may create a school district larger than the in- R 64 Compilation of Common School. Laws. cprporated limits of the town by adding adjacent territory not already included in the incorporated limits, and the district thus marked out shall become a school district upon the vote of the people as hereinafter provided, but such school district, including incorporated towns having a population of four thousand or more, shall be and remain under the exclusive supervision and direction of the school boards of the previously chartered schools in said class of incorporated towns and not under supervision of County Board of Education; and the school boards of such chartered schools in incorporated towns shall be trustees of said school dis- trict under this Act; provided further, that if there be located in such school districts a chartered school controlled by a board of stockholders or by board of directors elected by them, the management and control of said chartered school shall remain in them, and they shall have all the rights and privileges of this Act to collect local taxes as hereinafter provided in this Act,, and to receive the share of the State public school fund. A map of the county thus laid off, plainly outlining the boundaries of the school district with full description thereof, shall be filed with the ordinary within forty days after the passage of this Act, or as soon thereafter as practicable, and the boundaries of said school districts shall not be altered any oftener than two years. The County Board of Education in laying off the county shall disre- gard any school districts embracing territory not included in in- corporated towns heretofore created by special Act of the Legis- lature. The failure of any County Board of Education to com- ply with the requirements of this section within six months after the passage of this bill, shall operate to annul their commissions, and vacancies thus created shall be filled as the law requires such vacancies to be filled. Election of Trustees. Sec. 2. Be it further enacted. That -within ninety days after the Board of Education has laid off the county as required in sec- tion I, the said Board of Education shall order the citizens of the several school districts to hold an election for the purpose of elect- ing three trustees for each district in the county. Said election I ,0CAi. Tax LaWT ^all be held at a time and place, and in a manner prescribed by he County Board of Education. The said trustees shall be in- jelligent citizens of good moral character who are known to be jarnest supporters of public education, and they shall serve one jor three years, one for two years, and one for one year, as the bounty Board of Education may determine. The notice of their election shall be filed by the election managers with the County School Commissioner, who shall submit the same to the County Board of Education for their approval. After the said local Board of Trustees have been approved and properly commis- iioned by the County Board of Education, it shall meet imme- diately and organize by electing one of its members president, and one secretary and treasurer. If the County Board of Education should consider any member or members unqualified for the l^rork, they shall refuse to confirm the election of such member or members and require the citizens of a district at a time and place, and in a manner prescribed by the County Board of Education, lo elect others. At the expiration of the term of of^ce of the piembers thus elected the citizens of the district shall meet at a time and place, and in a manner prescribed by the County Board of Education, and elect their successors, who must be approved by the County Board of Education as hereinbefore provided, and the election shall be for a term of three years. If any member should refuse to act, or should be guilty of any conduct unbe- coming the dignity of a school trustee, the County Board of Edu- ction shall have the right, upon a written complaint of a ma- jority of the voters of the district to remove said member and have his successor elected as hereinbefore provided. But no trus- tee shall be removed from oflfice without sufficient proof, and he shall be served with a copy of such complaint at least ten days prior to the day set for the hearing, when such trustee shall be afforded an opportunity to be heard in his defense. ouiity election : bow ordered, ivlto hhall vote— limit to rate of tion. Sec. 3. Be it further enacted, That whenever the citizens of y county wish to supplement the public fund received from the 5 8l 66 Compilation of Common School Laws. State by levying a tax upon the property of the county, it shall be the duty of the ordinary to order an election, not earlier than twenty days, nor later than sixty days, after receiving a petition of one-fourth of the qualified voters of the county; and notice of the same shall be published in at least three weekly issues of the county newspaper in which legal advertisements of the county are published. Said elections shall be held as ordinary county elections are held. Those favoring the levying of the local tax shall vote for "Local tax for public schools"; those opposed shall vote ''Against local tax for public schools." The returns of said election shall be made to the ordinary of the county, who shall de- clare the results, and two-thirds of those voting shall be necessary to carry said election for local taxation for public schools. An election for the same purpose shall not be held oftener than every twelve months. No person shall be allowed to vote in said elec- tion except those regularly qualified to vote in State and county elections. If the election is carried for local taxation, the ordi- nary or board of county commissioners, whichever levies the county tax, shall levy a local tax as recommended by the County Board of Education upon all the property of the county, not to exceed one-half of one per cent., and the same shall be collected by the county tax-collector and paid by him to the County Board of Education. The tax-collector shall keep the funds thus col- lected separate and distinct from all county and State funds, and he shall receive a commission of two and one-half per cent, for collecting the same. Provided, That if there be an incorporated town in a county holding an election as provided in this section, now operating a public school system, it shall not be included in the election without the consent of the municipal authorities, but if the municipal authorities should so wish they may abolish their system by a special Act of the Legislature, and avail themselves of the provisions of this bill. Levy aud collectiou of district tax. Sec. 4. Be it further enacted. That whenever the citizens of any school district in- a county not levying a local tax for educa- tional purposes wish to supplement the funds received from the Local Tax Law. 67 State public school fund by levying a tax for educational pur- poses, they shall present a petition from one-fourth of the quali- 5ed voters of the district to the ordinary, who shall order the elec- tion not earlier than twenty days, nor later than sixty days, after the petition is received; provided, that notice of same shall be posted in at least three conspicuous places in the district ten days prior to the election. The election shall be held at a time and place prescribed by the proper authorities, and under rules governing ordinary elections. Those favor- ing local taxation for public schools shall vote "For local taxation for public schools"; those opposed shall vote "Against local taxation for public schools." The returns of said election shall be made to the ordinary of the county, who shall declare the tesults, and two-thirds of those voting shall be necessary to carry the election for local taxation for public schools. No person shall vote in said election except the regularly qualified voters residing in the district six months prior to the election. An election for the same purpose shall not be held oftener than every twelve months. H Tax returns in local-tax districts. Sec. 5. Be it further enacted, That in those districts which levy a local tax for educational purposes, the board of trustees shall make all rules and regulations to govern the schools of the districts, and build and equip schoolhouses under the approval of the County Board of Education. They shall have the right to fix the rate of tuition for non-resident pupils, and to fix the sala- ries of the teachers. They shall receive from the County Board of Education the share of public school funds apportioned to the district by the County Board of Education. They shall deter- mine the amount necessary to be raised by local tax on all of the property of the district. The secretary of the board of trustees of said district, with the aid of the County School Commissioner of said county, shall ascertain from the tax returns made to the tax-receiver and from the returns made to the Comptroller-Gen- eral, the total value of all of the property in said district subject to taxation for county purposes, and a regular digest of all such 68 Compilation of Common Schooi. Laws. property in said school district, shall be made by the secretary in a book furnished by the board of trustees and kept for that pur- pose. At or before the time of fixing the rate of taxation for said county, the secretary of each local board of trustees, with the aid of the County School Commissioner, shall levy such rate on the property thus found as will raise the total amount to be collected ; provided, that such rate shall not exceed one-half of one per cent. The County School Commissioner of each county, at or before the time for fixing the rate of said county by the ordinary there- of, or the County Board of Commissioners, as the case may be, shall certify to the said ordinary, or said board of commissioners, as the case may be, and to the Comptroller-General of the State the rate of taxation fixed for each school district in the county, and said taxing authority of said county shall levy such special tax at the same time and in the same manner as is now prescribed for levying taxes for county purposes. A copy of the special tax digest of said local tax district shall be furnished by the secretary of the local board of trustees to the tax-collector of the county, and it shall be his duty to com- pute and collect said taxes, keeping the same separate by school districts from the county and State funds, and turn same over to the secretary of such local school districts, as well as tax received for said district from railroads and other corporations that make their returns to the Comptroller-General, taking the receipt for the same upon order from the County School Commissioner ; and said tax-collector shall receive as compensation therefor two and one-half per cent, of the amount collected. In any case in which it is impossible to determine from tax re- turns made to the tax-receiver of the county the value of the property of any citizen situated in any school district and subject to taxation in said district, the secretary of the board of trustees shall issue a summons to each taxpayer requiring him to make returns within five days to said secretary of his property situated in said district and subject to taxation for school purposes. Should said return be unsatisfactory to said secretary, he shall reject the same and submit said return to arbitration as is now Local Tax Lawc ] -rovided by law for such cases when returns are rejected by tax- : eceivers. All property, both real and personal, including franchises be- onging to railroads, telegraph and telephone companies, and to all other corporations which are now required to make their re- urns to the Comptroller-General of this State, which is in the axable limit of any school district shall be, and the same is here- )y made subject to taxation by said school districts as fully and rompletely as is the property of other corporations within such :axable limits. It is hereby made the duty of every such corporation in this State, in addition to the facts now required to be shown in their returns to the Comptroller-General to also show in said returns the value of such corporation's property in each of said school districts through which it runs. And for the purpose of enabling such corporation to show in said returns the value of its property ■ in such school districts, it is hereby made the duty of the County Superintendent of Schools of each county to fi^rnish on or before January i, 1907, to each such corporation, information as to the boundaries of each school district in which such corporation may have property, such as will enable such corporation to determine the amount of its property in such district, and he shall also fur- nish similar information whenever the boundaries of any school district may be changed. ^[ The rolling-stock, franchises and other personal property of said corporations shall be distributed to said school districts on the same basis that rolling-stock, franchises and other personal jjroperty are distributed to counties and municipalities under the I paw; that is, as the value of the property located in the particular district is to the whole located property, real and personal of said corporation, such shall be the amount of rolling-stock, franchises, and other personal property to be distributed for taxing purposes Hl^ each school district. All of the other provisions of the Act of October 16, 1889, enti- tled *'An Act to provide a system of taxation of railroad property in each of the counties of the State through which said railroad ns, and to provide a mode of assessing and collecting the same, V 70 Compilation of Common School Laws. and for other purposes," in so far as they can be applied are here- by made applicable to the assessment and collection of taxes of all such companies and corporations which are now required by law to make their returns to the Comptroller-General, by and for school districts in this State upon the property and franchises of such companies located in such school districts and upon the roll- ing-stock, franchises and other personal property distributed un- der the provisions of this Act. Secretary and Treasurer of Board of Trustees— statements and reports. Se:c. 6. Be it further enacted, That the board of trustees may have the right to pay the secretary and treasurer a commission on the amount of local tax collected not to exceed two and one- half per cent., but there shall be no commission allowed on the amount received from the State. They shall furnish quarterly to the County Board of Education a statement showing all re- ceipts, disbursements, and cash on hand. They shall also furnish statement showing school population, enrollment, average attend- ance, course of study and other data the County Board of Educa- tion may require whenever called upon to do so. General scbool laivs to be observed. Sec. 7. Be it further enacted. That while it is the purpose and spirit of this Act to encourage individual action and local self- help upon the part of the school districts, it is expressly under- stood that the general school laws of this State as administered by the County Board of Education shall be observed. Sec 8. Be it further enacted, That all elections held under the provisions of this Act shall be governed as to registration and qualification of voters as the general law governing special elec- tions provides. Sec. 9. Be it further enacted. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Child Labor Law. PART XIIL CHILD LABOR LAAV No Cbild under ten years old to i^ork in a factory. Section i. Be it enacted by the General Assembly of Geor- gia, and it is hereby enacted by authority of the same, That from and after the approval of this Act, no child under ten years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State under any circumstances. [Certificate of Ordinary for any child under tvrelve. Sec. 2. Be it further enacted by the authority aforesaid. That on and after January ist, 1907, no child under twelve years of age shall be so employed or allowed to labor, unless such child be an orphan, and has no other means of support, or un- less a widowed mother or an aged]or disabled father is dependent upon the labor of such child, in which event, before putting such child at such labor, such father shall produce and file in the office of such factory or manufacturing establishment, a certifi- cate from the Ordinary of the county in which such factory or establishment is located, certifying under his seal of office to the facts required to be shown as herein prescribed ; provided^ that no Ordinary shall issue any such certificate except upon strict proof in writing and under oath, clearly showing the nec- essary facts ; and, providing further^ that no such certificate shall be granted for longer than one year, nor accepted by any em- ployer after one year from the date of such certificate. II No cbild under fourteen to ivork at nigbt* Sec. 3. Be it further enacted by the authority aforesaid, That on and after January ist, 1908, no child under fourteen years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State between the hours of seven p. m. and six A. m. L 72 Compilation of Common School Laws. Obildren under fourteen must attend scliool tureive creeks eaclt year. Sec. 4. Be it further enacted by the authority aforesaid, That on and after January ist, 1908, no child, except as here- tofore provided, under fourteen years of age, shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State unless he or she can write his or her name and simple sentences, and shall have attended school for twelve weeks of the preceding year, six weeks of which school attendance shall be consecutive ; and no such child as aforesaid, between the ages of fourteen and eighteen years, shall be so employed unless such child shall have attended school for twelve weeks of the preceding year, six weeks of which school attendance shall be consecutive ; and at the end of each year, until such child shall have passed the public school age, an affidavit certifying to such attendance as is required by this section, shall be furnished to the employer by the parent or guardian or person sustaining parental relation to such child. The provisions of this section shall apply only to children en- tering such employment at the age of fourteen years or less. Unla^irful to employ children before affidavit is filed* Sec. 5. Be it further enacted by the authority aforesaid. That it shall be unlawful for any owner, superintendent, agent or any other person acting for or in behalf of any factory or manufac- turing establishment to hire or employ any child unless there is first provided and placed on file in the office of such employer an affidavit signed by the parent, guardian or person standing in parental relation thereto, certifying to the age and date of birth of such child, and other facts required in this Act. Any person knowingly furnishing a false affidavit as to the age, or as to any other facts required in this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 1039 of the Penal Code of Georgia of 1895. Georgia State Reformatory. Inspection by Grand Jury. Sfx. 6. Be it further enacted by the authority aforesaid, That the affidavit and certificates required in this Act shall be Dpen to inspection by the Grand Juries of any county where 5uch factory or manufacturing establishments are located. Penalt)' for Violation of this Act. Sec. 7. Be it further enacted by the authority aforesaid, That any person or agent, or representative of any firm or corpo- ration who shall violate any provision of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in Section 1039 of the Penal Code of Georgia of 1 895. Any parent, guardian or other person standing in paren- tal relation to a child, who shall hire or place for employment or labor in or about any factory or manufacturing establishment within this State, a child in violation of any provision of this Act, shall be deemed guilty of a misdemeanor, and on convic- tion thereof, shall be punished as prescribed in Section 1039 of the Penal Code of Georgia, 1895. Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same is, hereby repealed. Approved August ist, 1906. GEORGIA STATE REFORIYIATORY. State Keforinaiory < stablislted. Section i. Be it enacted by the General Assembly of Geor- gia, and it is hereby enacted by the authority of the same, That iws! page there is hereby created and established a State institution to be V nown as the Georgia State Reformatory. il ho may be committed to reformatory— limit to term of sentence. Sec. 2. Be it further enacted. That all persons of the age of ixteen years or under who have been, after the opening of said eformatory, duly convicted in any of the courts of this State of any crime against the laws of this State, not punishable by death or imprisonment for life, may in the discretion of the 74 Compilation of Common SchooIv Laws. judge having jurisdiction, be committed to the Georgia State Reformatory. Sec. 3. The judge committing a person to the Georia State Reformatory shall not fix a limit to the duration of the com- mitment unless the same be for more than five years, but shall merely commit said person to the Georgia State Reformatory ; but no sentence shall extend beyond the time when the person sentenced shall have arrived at the age of twenty-one years. Sec. 4. Any person 'committed to the Georgia State Reform- atory for an offense punishable by imprisonment in the peni- tentiary may be held in said reformatory for a term not exceed- ing five years, or, if committed for a longer term than five years, may be held for such longer term ; and any person comm itted to said reformatory for an offense that is punishable as for amis- demeanor, may be held in said reformatory for a term not ex- ceeding two years ; provided^ however^ that no person shall be held in said reformatory after he or she has arrived at the age of twenty-one years. Rules and Regfulations— Superintendent and otlier employees* Sec. 5. The general supervision, control and government of said reformatory shall be vested in the Prison Commission of Georgia, and said commission shall have power to make all rules and regulations necessary and proper for the employment, discipline, instruction and education of the inmates detained in said reformatory, and shall also have power to determine in their discretion as to what character or kind of work any particular inmate shall be required at any time to perform. Sec. 6. The Prison Commission shall have power to appoint, with the approval of the Governor, a fit and proper person as superintendent of said reformatory, at a salary not exceeding twelve hundred dollars per year. The said superintendent shall reside at said reformatory and his lodging and board shall be furnished at the expense of the State. The duties of said super- intendent shall be prescribed by the commission, and he shall be under its direction and control, and subject to removal by the commission at any time. The said commission shall also D 9 Georgia State Reformatory. 76 appoint such teachers, guards and other employees as are neces- sary to the proper conducting of said reformatory, and shall prescribe their duties and fix their salaries, but the amounts of such salaries before allowed shall be approved by the Governor. Brancbes off study to be taught— discipline. Sec. 7. The inmates of said reformatory shall be employed in agricultural, domestic and mechanical work, and shall be given a reasonable amount of instruction in the elementary branches of an English education. The commission, if it deem best, is empowered to establish and maintain in connection with said institution a system of manual training and instruction in trades, and create such industries, productive or otherwise, as are, in their opinion, to the best interests of the inmates of said reformatory. Sec. 8. The discipline to be observed in said institution shall be reformatory, and the commission shall have power to use such means of reformation as is consistent with the improvement of the inmates as it may deem best and expedient ; but a method of discipline shall be used as will, as far as possiole, reform the characters of the inmates, preserve their health, promote regular improvement in their studies and employment, and secure in them fixed habits in religion, morality and industry ; and the commission shall maintain such control over said inmates as will prevent them from committing crime, best secure their self-support, accomplish their reformation, and that will tend to make of them good and law-abiding citizens. ystem off parole. Sec. 9. The commission shall have the power to establish such system of parole of the inmates as it shall deem proper, and shall have power to establish rules and regulations under which prisoners within the reformatory may be allowed to go outside of the grounds, but to remain while on parole within the legal custody and under the control of the commission and subject at any time to be taken back within the enclosure of said reformatory. Sec. 10. Whenever it shall appear to the commission that 76 Compilation of Common School Laws. any person in the reformatory has reformed, after the expira- tion of one year from his or her reception therein, it may, with the approval of the Governor, issue to him a permit to be at liberty during the remainder of his or her term upon such con- ditions as the commission may deem best, and the commission shall have power to revoke such permit in their discretion. Sec. II. A written order signed by any member of the Prison Commission shall be sufficient warrant to any officer of the State, or any other person named in said order, to authorize said officer, or other person named, to arrest and return to actual custody any conditionally released or paroled inmate, and it is hereby made the duty of all officers of the State to execute any such order placed in their hands, the same as any ordinary crim- inal warrant. Sec. 12. Whenever it shall appear to the commission that there is a strong or reasonable probability that any inmate would live and remain at liberty without violating the law, and that his or her release is not incompatible with the welfare of society, the commission shall so report to the Governor, who, if he deem proper, may give to said inmate an absolute release, which release shall operate as a pardon, or restore to the prisoner so released all his or her rights of citizenship. Separation of races. Sec. 13. The white and colored inmates shall be kept sepa- rate and distinct in all work and study. The males and females shall be kept separate as far as practicable. Records of reformatory. Sec. 14. When any person shall be received in the said re- formatory there shall be entered in a registry book kept for that purpose the date of such admission, giving the name, age, sex and color, and court from which committed and for what offense. Sec. 15. Whenever any court in this State shall commit any person to the reformatory, the clerk of said court shall furnish to the commission a certified record showing the order of com- mitment, age of the person, and the offense for which he or she I I iTORY. was convicted. Upon receipt of such record the commission shall send a proper delegated person to the place where said person is detained, and the officer having custody of the person shall deliver him or her to said delegated person, and such per- son shall thereupon be conveyed to the reformatory at the ex- pense of the State. Removal of prisoners noiiv in coiifiuement and under sixteen I years of ag^e. f Sec. 1 6. Prisoners in confinement at the State prison farm, or on the chain-gangs of this State, at the time of the opening of the reformatory, who are of the age of sixteen years, or un- der, who have not been sentenced for life, may, in the discre- tion of the commission, be removed by the commission to said reformatory, and all the terms of this Act shall apply to all I such removed persons. Credits for ^ood bebavior. Sec. 17. The commission shall, under a system of marks or otherwise, fix upon a uniform plan by which it shall determine what credit shall be allowed as earned by each inmate as the condition of increased privileges or of a release from the re- formatory, which system shall be subject to a revision from time to time by the commission. Each inmate shall be credited for good personal demeanor, diligence in labor and study, and for results accomplished, and be charged for dereliction, negligence, offenses and violation of any of the rules of the institution. Sec. 18. The inmates of said reformatory shall be credited with their good behavior, and their time of sentence shortened as is now provided by law and allowed to misdemeanor and felony convicts. The time of those persons sentenced to said reformatory for a misdemeanor shall be shortened as provided in section 11 50 of the Penal Code, and the time of those com- mitted to said reformatory for a felony shall be shortened as provided in section 11 73 of the Penal Code. 78 Compilation of Common SchooIv Laws. Disposition of agricultural products. Sec. 19. The commission shall sell to the best advantage all agricultural products not used in the reformatory, and shall apply the proceeds thereof to the maintenance of the institution as far' as necessary. Should any surplus funds arise from this source, they shall be paid into the State treasury annually, and the commission shall at the end of each quarter make to the Governor a detailed report of all such transactions. Site— buildings. Sec. 20. The Prison Commission shall, within three months from the passage of this Act, with the consent of the Governor, select a suitable and proper site for said reformatory upon the State lands in Baldwin county. Sec. 21. The commission shall, as soon as possible after the selection of the site for said reformatory, erect suitable build- ings for the care of not less than one hundred and twenty-five inmates, with workrooms, schoolrooms, and such other build- ing as may be necessary, and shall purchase and equip the same with such furniture and equipment as may be necessary, and shall also purchase such live stock, tools and other supplies as the commission may deem necessary. The erection of the buildings and equipment of the same shall be vigorously carried on so that the reformatory may be opened at the earliest prac- ticable time, and if possible be ready for occupancy by the first day of January, 1906. Appropriation. Sec. 22. To carry out the purposes of this Act there is hereby appropriated out of any money in the State treasury not otherwise appropriated, the sum of ten thousand dollars, or so much thereof as may be necessary, to be paid in such sums at such times as the construction of the buildings and the equip- ment of the same may require, and the Governor is hereby authorized to draw his warrant on the Treasurer for said amount. Sec. 23. For the purpose of maintaining and operating said reformatory for the first year, there is hereby appropriated Georgia State Reformatory. 79 any money in the State treasury not otherwise appro- priated, the sum of ten thousand dollars, or so much thereof as may be necessary, the same to be available and payable as the said sums may be required by the Prison Commission, and the Governor is hereby authorized to draw his warrant on the Treasurer for said amount. Governor's proclniuation. Sec. 24. Whenever said reformatory is ready for occupancy, the Prison Commission shall give notice to the Governor, and thereupon the Governor shall issue his proclamation declaring the Georgia State Reformatory open and ready to receive the class of persons provided for in this Act. When said procla- mation is issued, the courts of this State shall take cognizance of the same, and shall, in their discretion, sentence the class of persons designated in this Act to said reformatory. ^BlCouiity and municipal reforniator]'. Sec. 25. The terms of this Act shall not affect any county or municipal reformatory for juvenile misdemeanor convicts now established, or which may hereafter be established, under the law now of force as contained in section 1192 et sequitur of the Penal Code; provided^ however, that should any such county at any time abolish its reformatory, the provisions of this Act shall apply to such county, and the inmates of the abolished re- formatory shall be received in the Georgia State Reformatory without expense to the State of transportation, if such inmates are otherwise entitled to be received in said State institution. l^Repealing clause. Sec. 26. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 23, 1905. 80 Compilation of Common School Laws. PART XIV. EXTRACTS FROM DECISIONS ANB INSTRUCTIONS OF STATE SCHOOIi COMMISSIONERS. Note !• Resigrna-tioii sUould be tendered to Governor. When a uiember of a Board, or a County School Commis- sioner desires to resign, he should tender his resignation to the Governor, and not to the Board or Grand Jury. — G. J. Orr^ Instructions March^ iSyd. Notes. Requisites of certificates of election. The certificate of the election of members of the County Board must have the following requisites : 1. It must be officially signed by the Clerk of the Superior Court, and must be under his seal of office. 2. It must give the names of the members of the Board chosen, and must state whom they succeed. 3. It must state how the latter vacated their offices. 4. It must state the term of court at which the action was taken. When a vacancy is filled by the Judge of the Superior Court, the above rules will apply to the certificate then given, except where, from the nature of the case, they are inapplicable. — G. J. Orr, Instructions March, 18 j6. Note 3. The Rible in tlie public scltools. The Bible can not be excluded from the public schools of the State. The proviso interdicting the exclusion of the Bible from the public schools is the law in places where local school laws are in operation as well as elsewhere, — G, J. Orr^ Instructions April^ j8y8. Note 4. Particulars tob3 embraced in report of elections of member of Board. In electing members of the Board, the jury should embrace in their presentments the following particulars : Extracts from Decisions and Instructions. 81 I. They should state correctly the names of the members c bosen. H J 2. They should state whom each newly chosen member ^^icceeds. 3. They should state how the vacancy occurred ; whether Iy expiration of the term, by death, by resignation or otherwise. I — G. /, Orr, Instructions April^ i8j8. >tc 5. Disturbing: scboolB. •ri\ Pfad Persons who wilfully interrupt or disturb any public school, rivate school or Sunday-school are guilty of a misdemeanor, , on conviction, are punishable as provided in section 4310 f the Code of 1873. i» {See Code Vol, III^ Sec. 427.) — G, J. OrVy Instructions 1882, I fote6. Pupil g-oingr from one district scbool to anotlaer. The proper rule is that a pupil can go from one public school o another only by consent of the Board, or County School Commissioner, for a good and sufficient cause, the Board or Commissioner being the judge. , — /. S. Hook^ Instructions January 10^ 1888. Ik« ote 7. Oriiflna.! Jurisdiction in revolting: teacber's license. ^'Original jurisdiction in the revoking of a teacher^s license ts with the County School Commissioner. Appeals on such action of the County School Commissioner come only before Re County Board of Education. '' —S. D. Bradwell, 189^, ite 8. Selection of teacbers under control of county board. *'The law places the selection of teachers under the control • of the County Board of Education. The County Board may delegate this authority, under the law, to a local board consist- ing of three citizens of the sub-school district in which the >chool is located. Even when there is a unanimous choice of a :eacher by the local board, the County Board may still refuse 6 8l B 82. CoMPiivATiON OF Common Schooi. Laws. to contract with such teacher in case they become satisfied that a better teacher may be secured for the school.'^ — G, R. Gle7in^ Decefnber 22^ 1^97' Note 9. County board lias authority to chaiig-e school sites. "In this case it appears from the records that the people of --one of the school districts agreed that the County Board of Education should select the location for a school-house. Pro- ceeding upon this agreement, the Board did select a locality as near the center of the district as possible. It appears that a ^creek divides the district, and those patrons who lived on the side of the creek opposite the locality selected for the school- house, refused to patronize the school as located, and appealed from the action of the Board of Education, asking that the Board be enjoined from paying to the teacher that part of the school fund which they allege should be set apart for their children. "The law also gives the Board of Education authority to locate schools at any point in the school district that may be most convenient for a majority of the children. In the above stated case the action of the Board in locating thio school is already confirmed by the agreement of the citizens to abide by any selection of locality that the Board might make. The remedy in such a case as this is the erection of a good foot bridge over that creek, high enough and safe enough for the children to pass over without harm even when the waters are high." — G. R, Glenn ^ Ja?iuary 14^ /8pp. Note 10. Final choice of teachers and po%ver to make contracts is ivith county board* " The law does not compel County Boards of Education to confirm the choice of local trustees in selecting teachers even when such teachers are regularly and legally appointed. The final choice of teachers, and the power to make contracts with teachers are vested, under the law, wholly in the County Board of Education." — G. R. Glenn^ November ij, i8pg. h Extracts from Decisions and Instructions. 83 "^le 11. L.aw g:ives to county boards certain discretion. » ''The law leaves the final selection of teachers and school ites with the County Boards of Eoucation. The members of he County Boards of Education, like other judicial officers, are dlowed certain discretion, and when the action of these Boards ire not illegal, and are not beyond the bounds of reason, these ictions can not be reversed by the State School Commissioner." — IV. B, Merritt^ May i6^ 1903. ir tc 12. Teacher's contract is an entire contract. "The appeal states that after teaching seventy-seven and one- half days, the said teacher resigned the said school, to accept another position, but his resignation was not accepted by the County Board ; that previous to his resignation he had received payment for fifty-eight days; that he had taught nineteen and one-half days, for which he had received no pay ; that the County Board of Education refused to pay for teaching the nineteen and one-half days because the contract is considered y said Board as an entire contract, and it was not fulfilled. "In this case, the Board of Education, under the circum- stances, would not abuse the discretion given it by law, if claims to said teacher were approved and paid, but in refusing to pay the said claim for teaching nineteen and one-half days, the Board has not violated the law of contracts. This contract is in the nature of an entire contract. The law provides that the claims of teachers shall be paid when the funds are received by the County School Commissioner, and, as usual, the greater part of the school funds for 1903 was not received until months after the schools were taught." ^^ --IV, B. Merritt, April 7, 1904, II Dte 13. Plan for operating* schools for five or more consecutiTe months. Generally it is more satisfactory to have the schools taught during consecutive months of the fall, winter and spring. Some counties have for one year operated their schools for three I 81 Computation o^ Common Schooi. Laws. months in the spring, during November and December the school term of that year was completed ; beginning in January, a session of three or four months of the next year immediately followed. This plan has given good results in attendance and in the progress of pupils. A very great benefit has come to schools of these counties from the fact that this arrangement enables County Boards to pay teachers with very little delay* It is much easier to secure teachers if they are assured that they will be paid promptly, and that they will not be compelled to have their salaries discounted. I ask the careful consideration of your Board to this plan which is working so satisfactorily in many counties. The]months in which the schools may be taught during the school year, or calendar year, may be selected by the County Boards of Education, as they think best, but it will not be law- ful for a County Board of Education to approve for payment out of the funds appropriated for one year any teaching that was done during any days except those included in the calendar year for which appropriations have been made. To illustrate : the contracts with teachers for the school year of 1905, and the claims of teachers based upon this contract, should be in con- sideration of teaching that is done only during the school year of 1905. — W. B. Merritt^ Circular letter^ August //, 1^04: r Extracts from Decisions of State Board. 85 PART XV. CXTKACTS FROIfl DECISIONS OF STATE BOARD OF EDUCATION. Note 1. Commissions to board members ^vhen grand Jury fails to indicate terms. "When the action of the Grand Jury fails to indicate the terms for which two or more members of Boards of Education are chosen and tliere are terms of different lengths to be filled, the member or members first named by the Grand Jury shall be commissioned for the longest term or terms." November jo, 1888. { V IVote 2* AVben County Scbool Commissioner may contract uritb teachers of local school system. "A County School Commissioner has no right to enter into a contract with the teachers of a local school system. *' The Act creating said local school system does not specifically state that pupils residing outside of the city limits may be per- mitted to attend the schools of such local school system and receive the benefits of the State school funds. It must, there- fore, follow that pupils residing without the limits of the said city and attending the schools of the said local system can not legally be allowed to participate in the State school funds for such attendance. This rule must apply to all local school sys- tems except where the Act creating them expressly provides that pupils residing outside the city limits may be permitted to attend the schools of the local system and receive the benefits of the State school fund." — Decision of State Board of Educa- tion^ March loma of State Normal School valid in certain cases. H \ May 9, 1902. Hon. G. R. Glenn ^ State School Commissioner^ Atlanta^ Ga, My Dear Sir : I am in receipt of the letter addressed to you by Mr. D. O. Phillips, asking if his diploma, given by the Georgia State Normal School, was still /alid as a license to teach in the schools of this State, he having received the same ■ in 1897. I In my opinion the diploma in question is valid as such a license and dispenses with the necessity of an examination as now prescribed by the general common school laws of the State, The Act of 1899, pages 51 and 52, repealing the law making such diploma equal to a license expressly provides : *'That nothing herein contained shall be construed to invali- date any license to teach in the schools of this State now held by any person." See Acts of 1899, pages 51 and 52. Very truly yonrs, BoYKiN Wright, Attorney-General. [Note 3. Ri^bt of C»unty B >ard of Education to borrour money for payment nt teachers* Atlanta, Ga., January 10, 1903. Hon. W. B. Merritty State School Commissioner^ Atlanta^ Ga. Dear Sir : I beg to acknowledge your communication of i S8 Computation of Common Schooi. Laws. January 5th, in which you make inquiry, and ask an official opinion, on the proposition whether the County Boards of Edu- cation can legally borrow money to pay the past due salaries of teachers of public schools. I am of the opinion that County Boards of Education may, to a limited extent, arrange to secure money for the payment of the past due salaries of public school teachers. The conditions, as I understand, are, viz. : Georg^ia is just one year behind in her obligations to her teachers. To illus- trate : the fund to go to each county is determined on the first Tuesday in December, 1902, and is paid out in 1903, payments ranging from January to December, inclusive, of the last named year. In other words, it is ascertained by you as the State School Commissioner, in December, 19(^2, the amount of school fund to which each county is entitled for that year, and it is disbursed by you and through the County Commissioner of that county during the year 1903. The amount of money, there- fore, which any county is to get in 1903 is ascertained in 1902. Through you every County Commissioner is informed of the specific amount of money that his county is to receive, and he in turn knows definitely, (as the result of a mathematical cal- culation, based upon the average attendance of the pupils in the public schools of that county or by contract), what each school is entitled to receive. The County Board of Education of every county knows, therefore, to a cent the amount of money the county of said is to receive, and the amount due as salaries to the teachers of that county. The Board of Educa- tion knows what it is to receive, knows whom it is, to pay and the amount to be paid. The debts are past due, the teachers need and want their money, the board recognizes the duty and necessity of prompt payment, but is unable to do so, because the fuiid is not in hand to pay with. The proposition is, whether the board may go to the bank or other persons having money to lend, arrange with the bank, or such person, to advance at a reasonable discount the money which the State later on is to pay the board to pay the teachers. Extracts from Opinions of Attorneys-General. 89 I understand you ask, whether the board can borrow the money under these conditions, and for this purpose. The legal question whether the board can borrow money to pay teachers, is hardly involved in this transaction. It is not borrowing m oney in the sense of creating a debt. It is a practical ques- t ion and relates purely to the wise administration of the public school fund. lam as clear in my mind the Board of Education has the right to make this arrangement as I am clear in the o pinion that the board has the right to do anything else that w ould add to the efficient operation of the schools. Under sec- tion 1363 of the Code, the County Boards of Education have the right to *'make all arrangements necessary to the efficient operation of the schools.'' The teachers of our public schools of right ought to be paid promptly as other officials of the State are paid. But, aside from that, their prompt payment would result in better, more zealous teachers, and in conse- quence, untold good to the children generally. I believe, there- fore, that it is not only the right of the County Board of Edu- cation to arrange for an advance of this money, pledging for payment thereof, the fund to be paid the County Board of Edu- cation later on by the State, and pay the teachers promptly, but the policy of doing so has much in it to commend. Where this is done I do not see who could complain. I as- sume, of course, the County Boards of Education would faith- fully and honestly expend the sum thus borrowed. Were they to do otherwise, they would be personally responsible for an improper conversion of the fund. Where the fund is faithfully expended no tax payer would have the right to complain, and no beneficiary could possibly be injured thereby. See in this connection 98 Ga., pages 696 and 697. Grant, for the sake of argument, that the quotation from sec- tion 1363 of the Code, referred to, does not in term, and of its own vigor, carry the right to borrow money, yet it is a sound proposition of law that where the money of a lender was act- ually applied to legitimate uses, the county could not, and would not, be heard to plead as a defense the want of authority, in its 11 90 Compilation of Common SchooIv Laws. officers to borrow. Such a defense would not only be contrary to law, but good morals as well. See. 94 Ga. page 488. I am, therefore, of the opinion that the County Boards of Education have the right to arrange for an advance with the lender of money, not in excess of the deferred payment due the county, and to pledge therefor, or to sign, or transfer the amount to be paid by the State as security for the money thus advanced. Respectfully, John C. Hart, Attorney-General. Note 4. Liimit of time in using- school fund. " The appropriation which the State makes yearly is, in a sense, a contribution by the people of the State to assist in the education of the children thereof, and a limitation of time and age is placed on each beneficiary. I recognize that it is the policy of the law-makers to clothe the several Boards of Edu- cation in this State with almost supreme power in the admin- istration of the public school fund and to lodge ^^ith the Board such discretion is wise, but I am persuaded that for a Board to exercise the discretion to the extent of using money appro« priated one year for another, would run counter to the legisla- tive scheme and would be an abuse of discretion.' ' — Extract from letter of Attorney- General John C. Hart, July Note 5. School population basis for apportionment of school funds to local school sjrstents. I therefore advise, irrespective of any directions to the con- trary in the Act creating the local school systems, that you adopt the rule of apportionment between the local system and the county, using as a basis " the proportion which the school population of the local system bears to the school popula- tion in the county." To illustrate, where the State has set apart $2,000 to a county as its pro rata part of the public school fund, and the county has in it school population of 2,000 Extracts from Opinions of Attorneys-General. 01 people, and within the county is a local system having a school population of 500, the prorata of money in that case due to the ocal system is the proportion which 500 bears to 2,000. — Exti'act from letter oj Attorney- General John C Hart, August 26^ igoj. Mute 6* ]fEarria$!:c does not incapacitate women to teacli in public scboolw of Georg^ia. H '• I do not think the Board of Education is justified in laying ^ down the arbitrary rule that marriage incapacitates a woman to teach school." ***:?: :»cH:** H [ ^'Arule, therefore, adopted by a Board of Education, which fixes the penalty of ineligibility to teach as a consequence of marriage, is arbitrary, unjust and unreasonable. The Board may not have transcended the strict letter of the law in adopt- ing the rule in question, but it occurs to me it is violative of ' public policy.' All women, whether married or single, should be given equal opportunities in the pursuit of wealth and hap- piness." H ^Extract from letter of Aitorjiey-Getieral John C. Hart, January 75, ■ | igo4. Note 7. As^ricnlture to be taug^ht in all common or public schools of tbe State. HI ',^ The Act requires that the elementary principles of agricul- ture shall be taught as thoroughly and in the same manner as other like required branches are studied and taught in the schools." * * ******* It is my opinion that the Act referred to clearly requires that the elementary principles of agriculture shall be taught in all the common or public schools in the State of Georgia, whether under your supervision or not, where the same receive aid from the State." Extract from letter of Attorney- General John C. Hart^ August ij ^ 1904. 92 Computation of Common Schooiv Laws. Note 8> Relief of Surety on county school commissioner's bond. " The application of the surety desiring to be relieved on the County School Commissioner's bond should be addressed to the Governor, stating the reasons why he should be relieved and hould be sworn to. If the Governor deems the reasons for the relief of the surety sufficient he may order the surety relieved upon the condition that the principal re-executes a valid bond satisfactory to the County Board of Education.'' — Extract from letter of Attorney- General John C. Hart^ September 14, igo3. Note 9* School officials can not discount claims of teachers* *'In reply to your inquiry this day submitted, viz., whether a county school commissioner or members of the boards of edu- cation of this State may buy up at a discount, or in any man- ner speculate, in what are known as county orders or '^scrip," or contracts which are to be paid out of the public funds of this State ; I beg leave to say I think such officers are public officers in the sense that it is made a misdemeanor for them to purchase such order, scrip or contract, as provided by section 277 of the Penal Code." — Extract from letter of Attorney- Ge?teral John C. Hart, November^ 1905, "W Extracts from Decisions of Supreme Court. 93 PART XVII. :XTRACTS FRO.TI DECISIOIVS OF SUPREME COURT. I tote 1. Bequest for board and education includes clotlies* A child, to be educated, has to be clothed. And it is a gen- eral principle that a grant of the end is a grant of the means. According then to this principle, the bequest of an education to the children was a bequest to them of their clothes during the period of their education. (Georgia Report, Vol. 28, page 370.) ■ote 2. Dismissal by- local trustees for cruel treatment of pupils. I Where, in 1876, local trustees chosen by the teacher and his patrons (conformably to the system established by the County Board of Education) dismissed the teacher for cruel treatment to pupils, and thereupon the matter was brought by the teacher before the Board, who after hearing evidence on both sides, ap- proved the action of the trustees, and passed an order not re- voking his license, but suspending him indefinitely as a teacher at that particular place ; the decision of the Board was upon a matter of "local controversy in reference to the construction or administration of the school law,'^ and not being appealed from, was binding upon all the parties. For teaching done in defiance of such decision, and pending a possession of the schoolhouse acquired by force, no right whatever accrued to compensation out of the common school fund. (Georgia Report, Vol. 61, page 413.) HBlote 3. Countjr school commissioner may be compelled by manda* mus to audit a claim* If this teacher was wrongfully treated by the Commissioner in the refusal to audit his account so as to give Board of Educa- tion jurisdiction, his remedy was by mandamus to compel this ministerial officer to do his duty, if it was his duty to audit it. (Georgia Report, Vol. 67, page 481.) I 94 CoMPiivATioN 01? Common SchooIv Laws. Note 4. Poiver to build sclioolbouses. Unless there is something in the charter of a municipal cor- poration which forbids the building of schoolhouses, the city may do so. This is within the scope of the general powers of the municipal corporation, and is not prohibited by the Consti- tution of 1877. (Georgia Report, Vol. 73, page 686.) * Note 5> Rigrlkt of cerlaiii public officers to make defense. '^ That a public officer who has under the law a fixed term of office, and who is removable only for definite and specific causes, can not be removed without notice and a hearing on the charge or charges preferred against him, with an opportunity to make defense." (Georgia Report, Vol. 103, page 458.) Note 6. Metliods of procedure %vlken tivo persons claim same office. The Supreme Court has decided that whenever two persons are claiming the same office as member of the County Board of Ed- ucation, and both persons hold comn;iissions, "Such commissions would not be conclusive, but only prima facie evidence of their right to hold office. The officers sought to be removed '^ * * could compel those presenting the new commissions to institute proper proceedings to test their legal right to the office. More- over, the writ of injunction does not in such cases, lie against an executive officer of the State. '^ (Georgia Report, Vol. 103, page 462.) Note 7. Discretion in continuing: or discontinuing: schools. The County Board of Education of Richmond county has the discretionary power, under the law, of establishing or discon- tinuing high schools at such points in the county as the interest and convenience of the people may require. Under the facts of this case, there was no abuse of such dis- cretion by the County Board in discontinuing the high school established for the colored race, although it left in operation a similar school for white females and contributed to the support of the high school for white boys and girls, which, however, it had not established. (Georgia Report, Vol. 103, page 641.) IxTRACTS FROM DECISIONS OF SUPREMK CoURT. {Vote 8. Refusal to complf ^viih reg^ulations. The authorities of a public school have full power to make it a part of the school course to write compositions, and enter into debates, and to prescribe that all pupils shall participate therein. I Whether a particular subject given by such authorities for composition or debate is suited to the age and advancement of the pupil, is a question for determination by such authorities^ and not by the courts. Where a pupil has been instructed to prepare a paper on such a subject does not do so, or reads a paper prepared by her father, and containing expressions which are improper and dis- respectful to the teacher, the offense is twofold ; and although the school authorities may excuse and condone the preparation by the father of the paper actually read, and also its reading by the pupil, the latter may still be punished for her failure to her- self prepare a paper in compliance with instructions. If the punishment imposed be the preparation of a paper on the same subject, at a later date, and the pupil refuse to prepare it, such pupil may be disciplined by expulsion, or suspension, or other proper punishment. (Georgia Report, Vol. in, page 8oi.) 96 Computation of Common School Laws. PART XVIII. lilST OF STATE EDVC kTIONAL. INSTITUTIONS. Name Location Principal CJniversity of Georgia Athens Walter B. Hill, Chancellor. Georgia School of Technology. . .Atlanta K. G. Matheson, Chairman of Faculty. Georgia Normal and Industrial College Milledgeville . .M. M. Parks, President. State Normal School Athens E. C. Branson, President. North Georgia Agricultural Col- lege Dahlonega G. R. Glenn, President. Georgia School for the Deaf Cave Spring. . . W. O. Connor, Principal. Georgia Academy for the Blind. Macon Thos. U. Conner, Principal. Georgia State Industrial College. Savannah R. R. Wright, President. BOOKS ADOPTED FOR THE COMMON SCHOOLS OF GEORGIA. 7 8l CoMPitAYiON 0^ Common School Laws. o 8 •S g i U o J2 O o 11 C<>(MCCCOeO(M TTTfi s COiOTTOOTfCOCOlO ^2 s oooooooo o oooooooo oo o oooooooo oooooooo oo o eJ O ^ O • o •'O • :o : ^ : : -i^ ^ : c ; • S*. o S? • • ^^^^ • '-' °3 - - • 5 ^ C 3 .M O . o : ^ '- /l-l rK """ '»■' ,-H ^^ 1^ m fj ^ 2 = a> Books Adopted for the Common Schools. 99 00 cq do 9 oB , d do ESSZ d o o d o o : •c 2 oOQ o ^'CL,< a, d£ = o^:« t-05 2 -^ r- -5= ad — i3 0^ '- j/,= S ii * «« * c 2i a^^w . « « 3 3 O ^ X ".:§ « r 5 'B 'E x3h O en X _ a, O) a- ^ ^^B ^x 2 o, a d, c a.-^! c'c^crooc r= o 2 'i o :- :- :^ ir ++ C C 00 tn C C *^ •»-' 0) ^ a> o) c/1 '/3 r" H bc t»c be tx be bC c c c c c c .e > > > > u- X5 a. 00 SI « O O -M o (h , bC^ c c c B 03 r Ph C o O c o c-rJ 'O efl * ^ '^ ^ .Ti ii a; .r? — L. ^ *< J3 C*^ ■ '^ »^ "** «« a, o OS*- - C*01'- ^ 08 %*Si bCOJ ? ^^^«3 ? C^ c^ OS ^ ;:; Q cu « > C J^. - '^ 'p C •;3 -^ 08 c 100 CoMPiivATiON o^ Common Schooi. Laws. COURSE OF STUDY FOR THE Books Adopted by the State School Book Commis- READING. Writing. Arithmetic. English Lessons AND Grammar. J?'1KST READER CLASSES. Wheeler Primer, Holton Primer. (Primers optional.) Graded Literature First Reader Copying Words and Sentences on Tablet or Slate. Counting and writing numbers to 100. Simple work in Addition and Subtraction. Errors in Speech corrected. SECOND READER CLASSES. Graded Literature Second Reader. (Supplementary reading optional.) Roudebush Writing System : Book I. Bacon's Primary and Intermediate Arithmetic to page 81. Sentence Writing Errors in Speech corrected. THIRD READER CLASSES. Lee Reader : Book Three. (Supplementary reading optional.) Roudebush Writing System : Book I. Bacon's Primary and Intermediate Arithmetic to page 143. Hyde's English Lessons : Part One, to page 71 ; Part Third, beginning on page 185. FOURTH READER CLASSES. Lee Reader : Book Four. (Supplementary reading optional.) Roudebush Writing System : Book II. Bacon's Primary and Intermediate Arithmetic completed. Hyde's English Lessons : Part Second, Part Third. FIFTH READER CLASSES. Lee Reader : Book Five. (Supplementary reading optional.) Roudebush Writing System : Book II. Wentworth's Practical Arithmetic to page 148. Reed & Kellogg's Graded Lessons in English (Edition of 1901) to page 157. SIXTH GRADE CLASSES. Evans' History of Georgia completed. (Supplementary reading optional.) Roudebush Writing System : Book in. Wentworth's Practical Arithmetic to page 223. Reed & Kellogg's Graded Lessons in English (Edition of 1901) completed : review entire book. SEVENTH GRADE CLASSES. Peterman's Civil Government Part I. (Literature optional.) Roudebush Writing System : Book III. Wentworth's Practical Arithmetic completed. Review above Books, or Buehler's Modern English Grammar. EIGHTH GRADE (High School). In schools having High School departments students should now ology, Latin, Algebra, Physical Geogra- The Roudebush System of Penmanship includes three styles of writing : Vertical, Semi-Slant This Course of Study indicates the order in which the text-books should be studied. The time Sixth and Seventh divisions may require eight, nine or ten months. In schools having only one teacher, it may be necessary to alternate two studies. Composition work should be stressed ; letters, sketches, essays, written exercises in oonnec- Require every pupil to take the annual written examinations. Those pupils of the Seventh annual examinations, will receive a Certificate. Books Adopted for ThB Common Schools. (:OMIVION SCHOOLS OF GEORGIA. Ion for Five Years, Beginniag January J, J904. History and Civics. Stories told by the teacher. Oral Reproduction of Stories. Written Reproduction of Stories. II Beprinner's History of Our Country. It Evans' History of Geor^ria to pase 180. Field's History of United States to pasre 214. K Field's History of United States completed. Peterman's Civil "Government. [Georsria Edition) Part I and H. Spelling. Words from the Reading Lessons. Branson's Speller Book I. to page 40. Branson's Speller. Book I. to 70. Branson's Speller Book I. completed. Swinton's Word Book to page 43. Swinton's Word Book to page 91. Swinton's Word Book completed Geography. Oral Work in Nature Study. Oral Work in Nature Study, Home Geog- raphy, etc. Frye's Elementary Geography to page 87. Frye's Elementary Geography completed. Frye's Higher Geogra- phy to chapter Gi page 106 and Georgia Supplement. Frye's Higher Geogra- phy completed. Review pages 1 to 33. Use Topical Index page 6. Physiology. Training of the Five Senses. Proper Care and Training of the Body; Food and Digestion. Hutcheson's Lessons in Physiology and Hygiene. Application of Laws of Hygiene, Physical Culture. Conn's Elementary Physiology. Agriculture. Lessons on Soils, Rocks and Minerals. Germi- nation of Seed; Varie- ties, Growth, Care and Uses of Trees. Habits and Treatment of Animals. Fruit Trees: Budding and Grafting, Insects of Field, Orchard and Garden. Have pupils display models and drawings of farm implements. Hunnicutt's Agriculture for the Common Schools. Simple Experiments in Physics and Chem- istry. Chemistry of Cooking. ke up Rhetoric, English Literature, Milne's Standard Arithmetic Coleman's Physi- phy. General History, etc., and review Buehler's Grammar. and Slant. Any of these styles may be used. (The Semi-slant is recommended.) required to complete each division of the work will vary. The work in each of the Fourth, Fifth. jn with the regular lessons. le, the highest errade in the common schools, who make an average of per cent, in the r..",;;- INDEX. Agriculture to be taught in common schools 42 Appeals to State Board of Education 6 Appeals to State School Commissioner 17 Appeals to County Board of Education 17 Apportionment of school fund 22 Arbor Day 41 Attorney-General, Member of State B )ard of Education 5 Attorneys-General, extracts from official opinions of 87 Bible can not be excluded from common schools 80 Binding out children, law for 42 Bird law 43 Books adopted for the common schools of Georgia 98 Books, adoption of 49 Census, school 37 Child Labor Law 71 Civil Government to be taught in common schools 42 Clerk of State School Commissioner 5 Clerk of Superior Court certifies to election of member of County Board of Education 12 Comptroller-General member of State Board of Education 5 Comptroller-General, duties of in making estimate of school fund. 22, 23, 24 Contracts with teachers 14 County Board of Education, selection, qualification, term of office, compensation 11 County Board of Education, officers, sessions. 12 County Board of Education a judicial tribunal 17 County Board of Education, members can administer oaths 20 County School Commissioner, term of office, examination, bond, oath 18 County School Commissioner, removal from office, successor 19 County School Commissioner, duties, compensation 19 Cv)unty School Commissioner, office to be furnished 20 County School Commissioner, authorized to administer oaths 20 County School Commissioner, reports to Grand Jury 21 County Institutes 31 County line schools 39 County School Commissioner makes monthly itemized statements 22 County School Commissioner, claims for services 20 Course of study for the common schools of Georgia 100, 101 Days to be observed by appropriate exercises 48 Disbursement of school funds 22, 24 Donations for educational purposes 5 I li^ employment of teachers iBHHr. 13 pvening schools 40 Examination of applicants for teacher's license S8 Examination, special, of applicants for teacher's license 31 Exemption of school property from taxation AO Failure to put schools in operation 27 General Assembly, may invest donations 6 General Assembly, may substitute other officers for State School Com- . missioner 8 Grand Jury, elects, recommends removal of, members of County Board ^ of Education 11 Grand Jury, duty of in matter of report of County School Commissioner 21 Governor of State, issues warrants on school fund 23 Governor of State, member of State Board of Educatiou 5 Infectious diseases, isolation and quarantine in cases of 47 Institutes, county 31 Itemized statements of County School Commissioner 22 Itemiaed expense account of Department of Education 9 Judges of Superior Court, removal and appointment of members of County Boards of Education by 12 License, to bear seal of County Board of Education 20 License, each teacher must hold 33 License, granted by County Board of Education 34 License, how made good in other counties 34 License, counterfeiting, etc 35 License, revocation of 35 License, permanent 35 Local school systems 24, 40 Local taxation for school purposes for district schools and municipali- ties 63, 67 ocal taxation by counties 63, 66 Location of schools • 63 Long term schools ... 16, 17, 29 Manual labor schools 40 Minutes of County Board open to inspection 13 New counties, schools in 46 Oaths can be administered by school olTicers 20 Ordinary can approve accounts of members of County Board of Educa- tion for services 12 Physiology and hygiene to be taught in common schools 41 Races, to be taught separately 16 Reformatory, State 73 Report of State School Commissioner 9 Reports of teachers 14 Salary, County Board of Education may employ teachers at 24 Scholastic month, definition of 40 School districts, each county one n l_ 104 ' Indi^x. Schoolhouses, building of 36 Schools, sub-districts 13 School property 16 School property, exemption from taxation 40 School fund, apportionment of 22 School fund, estimate of 25 School fund, sources of 25 School fund, prompt disbursement of 22 School fund, relief of forfeiture of 27 School fund, proportion of each county, how determined 22 School fund, when not sufficient to pay total indebtedness of any item- ized statement 23 School fund kept separate and used only for school purposes 22, 26 School grounds, four acres not taxed 40 School term, length and time of public, regulated by Count|r Board of Education 16, 24 School year, coincident with calendar year 23 Seal of State Board of Education 5 Secretary of State, member of State Board of Education 5 State Board of Education, members, officers, meetings 5 State Board of Education, extracts from decisions and instructions of. 85 State educational institutions, list of 96 State School Commissioner, member of State Board of Education 5 State School Commissioner, how chosen, duties of 8, 22 State School Commissioner, oath 9 State School Commissioner, extracts from decisions and instructions of 80 State Treasurer, duties of in making estimate of and in disbursement of school fund 22, 23 Sub-district or county line, pupils crossing 39 Supreme Court, extract from decisions of 93 Tax Collectors, collect school tax in counties and districts levying local school tax 66 Tax Collectors, report school funds separately 26 Teachers, employed by County Boards of Education 13 Trustees of Common Schools 13, 15, 70 Uniform Text-Book Law 49 Vaccination of Pupils 17 •^8rfj>G /-^ YC 0AS62 UNIVERSITY OF CALIFORNIA UBRARY mx