GIFT OF 
 
5chool Laws 
 
 of the 
 
 STATE OF MONTANA 
 
 Comprising all the Laws in force pertaining to Public Schools, 
 
 State Educational Institutions, School Lands and Public 
 
 Lands appropriated to the use of the State 
 
 Educational Institutions 
 
 i 'ilod at the office of th- 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION 
 May, 1909 
 
 - PI m ISHLD BY AUTHORITY 
 

 School Laws 
 
 of the 
 
 II 
 
 5TATE. OF MONTANA 
 
 Comprising all the Laws in force pertaining to Public Schools, 
 
 State Educational Institutions, School Lands and Public 
 
 Lands appropriated to the use of the State 
 
 Educational Institutions 
 
 
 Compiled at the office of the 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION 
 May, 1909 
 
 PUBLISHED BY AUTHORITY 
 
State of Montana, 
 Department of Public Instruction^ 
 
 This Pamphlet contains the School >Laws of the State in. 
 force to date. 
 
 W. E. HARMON, 
 
 Superintendent of Public Instruction. 
 Helena, Montana, May, 19x39. 
 
THIS VOLUME IS STATE PROPERTY. 
 
 And is for the use of the School Officers of School 
 
 District Xo , County of , State 
 
 of Montana. 
 
 School officers on retiring from office, are required by law 
 to deliver this volume, with all other books and documents of 
 an official character, to their successors in office. The Clerk i.-> 
 the proper custodian of this book. 
 
 247902 
 
Lfe 2LS 
 
 THE MONTANA STATE BOARD OF EDUCATION. 
 
 Ex-Officio. 
 
 GOVERNOR EDWIN L. -NORRIS, President. 
 ALBERT J GALEN, Attorney General. 
 
 W. E. HARMON, Sup't Public Instruction, Sec. 
 
 By Appointment. 
 Chas. R. Leonard, Butte. 
 
 John M. Evans, Missoula. 
 
 Roy E. Ayres, Lewistown. 
 
 O. W. McConnell, Helena. 
 
 O. P. Chisholm, Bozeman. 
 
 S. D. Largent, Great Falls. 
 H. G. Pickett, Helena. 
 G. T. Paul, Dillon. 
 
 B. T. Hathaway, Clerk. 
 
 Officers of the Board. 
 
 Edwin L. Norris President 
 
 John M. Evans. Vice-President 
 
 E. E. Esselstyn Treasurer 
 
 W. E. Harmon ..Secretary 
 
General School Law of the State of Montana, 
 
 PROVISIONS OF THE ENABLING ACT. 
 
 Section 4. And said (constitutional) conventions 
 
 shall provide by ordinance irrevocable without the consent of 
 the United States and the people of said states ***** 
 
 Fourth. That provisions' shall be made for the establish- 
 ment and maintenance of systems of public schools, which shall 
 be open to all children from said states, and free from sectarian 
 control. 
 
 Section 10. That upon admission of each of said states into 
 tiie Union, sections numbered 16 and 36 in every township of 
 said proposed states, and where such sections or any parts there- 
 of have been sold or otherwise disposed of by or under the au- 
 thority of any Act of Congress, other lands equivalent thereto, 
 in legal subdivisions of not less than one quarter section, and as 
 contiguous as may be to the section in lieu of which the same 
 is taken, are hereby granted to said states for the support of 
 common schools, such indemnity land to be selected within said 
 >tates in such manner as the Legislature may provide, with the 
 approval of the Secretary of the Interior ; Provided, that the 
 sixteenth and thirty-sixth sections embraced in permanent reser- 
 vations for national purposes shall not, at any time, be subject to 
 the grants nor to the indemnity provisions of this act, nor shall 
 any lands embraced in Indian, military or other reservations of 
 any character, be subject to the grants or to the indemnity provi- 
 sions of this act until the reservation shall have been extinguished 
 and such lands be restored to, and become a part of the public 
 domain. 
 
 Section 11. That all lands herein granted for educational 
 purposes shall be disposed of only at public sale, and at a price 
 not less than ten (10) dollars per acre, the proceeds to consti- 
 tute a permanent school fund, the interest of which only shall 
 
 \pended in the support of said schools. T.ut said lands may, 
 under such regulation a- ihe Legislature shall prescribe, be leased 
 for periods of not more than five years, in quantities not ex- 
 
6 GENERAL. SCHOOL LAW 
 
 ceeding one section to any one person or company ; and such 
 lands shall not be subject to pre-emption, homestead entry, or 
 any other entry under the land laws of the United States, 
 whether surveyed or unsurveyed, but shall be reserved for school 
 purposes only. 
 
 Section 13. That 5 per centum of the proceeds of the sales of 
 public lands lying within said states which shall be sold by the 
 United States subsequent to the admission of said states into the 
 Union, after deducting all the expenses incident to the same, 
 shall be paid to the said states, to be used as a permanent fund, 
 the interest of which only shall be expended for the support of 
 common schools within said states respectively. 
 
 Section 14. That the lands granted to the Territories of Da- 
 kota and Montana by the act of February 18, 1881, entitled "An 
 act to Grant Lands to Dakota, Montana, Arizona, Idaho and 
 Wyoming, for University Purposes," are hereby vested in the 
 states of South Dakota, North Dakota and Montana, respect- 
 ively, if such states are admitted into the Union as provided in 
 this act, to the extent of the full quantity of seventy-two sec- 
 tions to each of said states, and any portion of said lands that 
 may not have been selected by either of said Territories of 
 Dakota or Montana may be selected by the respective states 
 aforesaid; but said act of February 18,1881, shall be so amended 
 as to provide that none of said lands shall be sold for less than 
 ten (10) dollars per acre, and the proceeds shall constitute a per- 
 manent fund to be safely invested and held by said states sever- 
 ally, and the income thereof to be used exclusively for univer- 
 sity purposes. * * * None of the lands granted in this sec- 
 tion shall be sold at less than ten (10) dollars per acre; but said 
 lands may be leased in the same manner as provided in Section 
 ii of this act. The schools, colleges, and universities provided 
 for in this act shall forever remain under the exclusive control 
 of said states, respectively, and no part of the proceeds arising 
 from the sale or disposal of any lands herein granted for educa- 
 tional purposes shall be used for the support of any sectarian or 
 denominational school, college or university. * * * 
 
 Section 16. That 90,000 acres of land to be selected and 
 located as provided in Section 10 of this act, are hereby granted 
 to each of said states except to the State of South Dakota, to 
 which 120,000 acres are granted for the use and support of agri- 
 cultural colleges in said states, as provided in the acts of Con- 
 

 STATE OF MONTANA. 
 
 gress making donations of lands for such purposes. 
 
 Section 17. That in lieu of the grant of land for purposes of 
 internal improvement made to new states by the eighth section 
 of the act of September 4, 1841, which act is hereby repealed as 
 to the states provided for by this act, and in lieu of any claim 
 or demand by the said states, or either of them, under the act 
 of September 28, 1850, and Section 2479 of the Revised Statutes 
 making a grant of swamp and overflowed lands to certain states, 
 which grant it is hereby declared is not extended to the states 
 provided for in this act, and in lieu of any grant of saline lands 
 to said states, the following grants of land are hereby made, to- 
 wit: 
 
 * * * To the State of Montana: For the establishment 
 and maintenance of a School of Mines, 100,000 acres ; for State 
 Normal Schools, 100,000 acres ; for Agricultural Colleges, in ad- 
 dition to the grant hereinbefore made for that purpose, 50,000 
 acres; for the establishment of a State Reform School, 50,000 
 acres ; for the establishment of a Deaf and Dumb Asylum, 50,000 
 acres ; for the public buildings at the Capital of the State, in 
 addition to the grant hereinbefore made for that purpose, 150,- 
 ooo acres. 
 
 * * That the states provided for in this act shall not be 
 entitled to any further or other grants of land for any purpose 
 than as expressly provided for in this act. The lands granted 
 by this section shall be held, appropriated and disposed of ex- 
 clusively for the purpose herein mentioned, in such manner as 
 the Legislatures of the respective states may severally provide. 
 
 Section 18. That all mineral lands shall be exempted from 
 the grants of this act. But if sections 16 and 36, or any sub- 
 division or portion of any smallest subdivision thereof in any 
 township shall be found by the Department of the Interior to be 
 mineral lands, said states are hereby authorized and empowered 
 to select, in legal subdivisions, an equal quantity of other unap- 
 propriated lands and said states, in lieu thereof, for the use and 
 benefit of the common schools of said states. 
 
 Section 19. That all lands granted in quantity or as indem- 
 nity by this act shall be selected, under the direction of the Sec- 
 retary of the Interior, from the surveyed, unsurveyed and un- 
 appropriated public lands of the United States within the, limits 
 of the respective states entitled thereto. And there shall be 
 deducted from the number of acres of land donated by this act 
 
GENERAL SCHOOL LAW 
 
 for specific objects to said states the number of acres in each 
 heretofore donated by Congress to said territories for similar 
 objects. 
 
 CONSTITUTIONAL PROVISIONS. 
 
 (August i7th, 1889.) 
 
 PREAMBLE. 
 
 We, the people of Montana, grateful to Almighty God for the 
 blessings of liberty, in order to secure the advantages of a State 
 government, do, in accordance with the provisions o>f the 
 Enabling Act of Congress, approved the 22nd of February, 
 A. D. 1889, ordain and establish this Constitution. 
 
 , ARTICLE V. 
 The Legislative Department. 
 
 Section 26. The Legislative Assembly shall not pass local 
 or special laws in any of the following enumerated cases, that is 
 to say: 
 
 * * * * * * * * * * 
 
 13. Providing for the management of common schools. 
 
 ARTICLE VII. 
 Executive Department. 
 
 Section i. The Executive Department shall consist of a * 
 Superintendent of Public Instruction, each of whom shall hold 
 his office for four years, or until his successor is elected and 
 qualified, beginning on the first Monday of January next suc- 
 ceeding his election, except that the terms of office of those who 
 are elected at the first election, shall begin when the state shall 
 be admitted into the Union and shall end on the first Monday 
 of January, A. D. 1893. The officers of the Executive Depart- 
 ment, excepting the Lieutenant Governor, shall during their 
 terms of office reside at the seat of government where they shall 
 keep the public records, books and papers. They shall perform 
 such duties as are prescribed in this Constitution and by the 
 laws of the State. ********,* 
 
 Section 3. No person shall be eligible to the office of * 
 Superintendent of Public Instruction, unless ht shall have at- 
 tained the age of thirty years at the time of his election. * * 
 In addition to the qualifications above prescribed, each of the 
 officers named shall be a citizen of the United States, and have 
 
STATE OF MONTANA. 
 
 9 
 
 resided within the State or Territory two years next preceding 
 his election. 
 
 Section 4. Until otherwise provided by law, the * * * 
 Superintendent of Public Instruction, shall quarterly as due, 
 during their continuance in office, receive for their services com- 
 pen-ation which is fixed as follows. 
 
 Superintendent of Public Instruction, two thousand five hun- 
 dred dollars per annum. 
 
 * * * The compensation enumerated shall be in full for 
 all services by said officers respectively rendered in any official 
 capacity or employment whatever during their respective terms 
 of office, and the salary of no official shall be increased during 
 his term of office. X'o officer named in this section shall receive 
 for the performance of any official duty, any fee for his own use, 
 but all fees fixed by law for the performance by any officers of 
 any official duty, shall be collected in advance, and deposited with 
 the State Treasurer quarterly to the credit of the State. No 
 officer mentioned in this section shall be eligible to, or hold any 
 other public office, except member of the State Board of Educa- 
 tion during his term of offi'ce. 
 
 ARTICLE IX. 
 
 Elective Franchise. 
 
 ection 10. ^Yomen shall be eligible to hold the office of 
 County Superintendent of schools or any school district office 
 and shall have the right to vote at any school district election. 
 
 ARTICLE X. 
 
 State Institutions. 
 
 Section i. Educational, reformatory and penal institutions, 
 those for the benefit of the insane, blind, deaf and mute, sol- 
 diers' home, and such other institutions as the public good may 
 require, shall be established and supported by the state in such 
 a manner as may be prescribed by law. 
 
 ARTICLE XL 
 
 Education. 
 
 ction i. It shall be the duty of the Legislative Assembly 
 Montana to establish and maintain a general, uniform and 
 thorough system of public, free common schools. 
 
 Section 2. The public school fund of the State shall consist 
 of the proceeds of such lands as have heretofore been granted, 
 
10 GENERAL SCHOOL LAW 
 
 or may hereafter be granted, to the State by the general govern- 
 ment, known as school lands ; and those granted in lieu of 
 such lands acquired by gift or grant from any person or corpora- 
 tion under any law or grant of the general government; and of 
 all other grants of land or money made to the State from the 
 general government for general education purposes, or where 
 no other special purpose is indicated in such grant; all estate 
 or distributive shares of estates that may escheat to the State; 
 -all unclaimed shares and dividends of any corporation incorpor- 
 ated under the laws of the State, and all other grants, gifts, de- 
 vises or bequests made to the State for general educational pur- 
 poses. 
 
 Section 3. Such public school fund shall forever remain in- 
 violate, guaranteed by the State against loss or diversion, to be 
 invested, so far as possible, in public securities within the State, 
 including school district bonds, issued for the erection of school 
 buildings, under the restrictions to be provided by law. 
 
 Section 4. The Governor, Superintendent of Public Instruc- 
 tion, Secretary of State and Attorney General shall constitute the 
 State Board of Land Commissioners, which shall have the direc- 
 tion, control, leasing and sale of the school lands of the State 
 and the lands granted or which may hereafter be granted for 
 the support and benefit of the various State educational institu- 
 tions, under such regulations and restrictions as may be pre- 
 setted by law. 
 
 Section 5 The interest on all invested school funds of the 
 State, and all rents accruing from the leasing of any school lands, 
 shall be apportioned to the several school districts of the State in 
 proportion to the number of children and youths between the 
 ages of six and twenty-one years, residing therein respectively, 
 but no district shall be entitled to such distributive share that 
 does not maintain a free public school for at least three months 
 during the year for which distributions shall be made. 
 
 Section 6. It shall be the duty of the Legislative Assembly 
 to provide by taxation, or otherwise, sufficient means in connec- 
 tion with the amount received from the general school fund, to 
 maintain a public, free, common school in each organized dis- 
 trict in the State, for at least three months in each year. 
 
 Section 7. The public free schools of the State shall be open 
 to all children and youth between the ages of six and twenty- 
 one years. 
 
STATE OF MONTANA. - 11 
 
 Section 8. Neither the Legislative Assembly, nor any county, 
 city, town, or school district, or other public corporations, shall 
 -ever make directly or indirectly, any appropriation, or pay from 
 any public fund or moneys whatever, or make any grant of lands 
 or other property in aid of any church, or for any sectarian pur- 
 pose, or to aid in the support of any school, academy, seminary, 
 college, university or other literary, scientific institution control- 
 led in whole or in part by any church, sect or denomination what- 
 Iever. 
 Section 9. No religious or partisan test of qualification shall 
 ever be required of any person as a condition of admission into 
 any public educational institution of the State, either as teacher 
 or student; nor shall attendance be required at any religious ser- 
 vice whatever, nor shall any sectarian tenets be taught in any 
 public educational institution of the state ; nor shall any person 
 be debarred admission to any of the collegiate departments of 
 the university on account of sex. 
 
 Section 10. The Legislative Assembly shall provide that all 
 elections for school district officers shall be separate from those 
 elections at which State or County officers are voted for. 
 
 Section ii. The general control and supervision of the State 
 University and the various other State educational institutions 
 shall be vested in a State Board of Education, whose powers and 
 duties shall be prescribed and regulated by law. The said board 
 shall consist of 'eleven members, the Governor, State Superin- 
 tendent of Public Instruction and Attorney General, being ex- 
 officio, the other eight members thereof, shall be appointed by the 
 Governor subject to the confirmation of the Senate, under the 
 regulation and restrictions to be provided by law. 
 
 Section 12. The funds of the State University and of all 
 other state institutions of learning, from whatever source ac- 
 cruing, shall forever remain inviolate and sacred to the purpose 
 for which they were dedicated. The various funds shall be 
 respectively invested under such regulations as may be prescribed 
 my law, and shall be guaranteed by the State against loss or 
 diversion. The interest of said invested funds, together with the 
 rents from leased lands or properties, shall be devoted to the 
 maintenance and perpetuation of these respective institutions. 
 
12 GENERAL SCHOOL LAW 
 
 ARTICLE XIII. 
 Public Indebtedness. 
 
 Section 6. No city, town, township or school district shall 
 be allowed to become indebted in any manner or for any purpose 
 to an amount, including existing indebtedness, in the aggregate 
 exceeding three per centum of the value of the taxable property 
 therein, to be ascertained by the last assessment for the State and 
 County taxes previous to the incurring of such indebtedness, and 
 all bonds or obligations in excess of such amount given by, or on 
 behalf of, such city, town, township or school district shall be 
 void ; Provided, however, that the Legislative Assembly may 
 extend the limit mentioned in this section, by authorizing muni- 
 cipal corporations to submit the question to a vote of the tax- 
 payers affected thereby, when such increase is necessary to con- 
 struct a sewerage system or to procure a supply of water foi 
 such municipality which shall own and control said water supply 
 and devote the revenues derived therefrom to the payment of 
 the debt. 
 
 ARTICLE XVII. 
 
 Public Lands. 
 
 Section I. All lands of the State that have been, or that may 
 hereafter be granted to the State by Congress, and all lands ac- 
 quired by gift or grant, or devise, from any person or corpora- 
 tion, shall be public lands of the State, and shall be held in trust 
 for the people, to be disposed of as hereafter provided, for the 
 respective purposes for which they have been or may be granted, 
 donated or devised ; and none of such land, nor any estate or in- 
 terest therein, shall ever be disposed of except in pursuance of 
 general laws providing for such disposition, nor unless the full 
 market value of the estate or interest disposed of, to be ascer- 
 tained in such a manner as may be provided by law, be paid or 
 safely secured to the State ; nor shall any lands which the State 
 holds by grant from the L r nited States (in any case in which 
 the manner of disposal and minimum price are so prescribed) be 
 disposed of, except in the manner and for at least the price pre- 
 scribed in the grant thereof, without the consent of the United 
 States. Said lands shall be classified by the Board of Land 
 Commissioners, as follows : First, lands which are valuable only 
 for grazing purposes. Second, those which are principally valu- 
 able for the timber that is on them. Third, agricultural lands. 
 
STATE OF MONTANA. 
 
 Fourth, lands within the limits of any town or city or within 
 three miles of such limits ; Provided, That any of said lands 
 may be re-classified whenever, by reason of increased facilities 
 for irrigation or otherwise, they shall be subject to different 
 classification. 
 
 Section 2. The lands of the first of said classes may be sold 
 or leased, under such rules and regulations as may be prescribed 
 by law. The lands of the second class may be sold, or the tim- 
 ber thereon may be sold, under such rules and regulations as 
 may be prescribed by law. The agricultural lands may be 
 either sold or leased, under such rules and regulations as may 
 be prescribed by law. The land of the fourth class shall be 
 sold in alternate lots of not more than five acres each, and not 
 more than one-half of any one tract of such lands shall be sold 
 prior to the year of one thousand nine hundred and ten (1910). 
 
 Section 3. All public lands may be disposed of in such man- 
 ner as may be provided 'by law. 
 
 STATUTORY PROVISIONS. 
 
 TITLE III. 
 
 Education. 
 
 Chapter I. State Board of Education. 
 
 Chapter II. State University of Montana. 
 
 Chapter III. School of Mines of Montana. 
 
 Chapter IV. Agricultural College of Montana. 
 
 Chapter V. State Normal School. 
 
 Chapter VI. State Text Book Commission. 
 
 Chapter VII. Public Schools. 
 
 CHAPTER I. 
 
 State Board of Education. 
 
 Section 642. Membership. 
 
 Section 643. Appointment and term. 
 
 Section 644. Oath. 
 
 Section 645. Officers. 
 
 Section 646. Quorum. 
 
 Section 647. Meetings. 
 
 Section 649. State diplomas. 
 
 Section 650. Life diplomas. 
 
 Section 651. Graduate of state normal school. 
 
 Section 652. Revocation of diploma. 
 
 Section 653. Expenses. 
 
 Section 654. Membership. 
 
14 GENERAL SCHOOL LAW 
 
 Section G55. Appointment and term. 
 
 Section G5G. Oath. 
 
 Section G57. Officers. 
 
 Section G58. Quorum. 
 
 Section G59. Meetings. 
 
 Section GGO. Powers and duties. 
 
 Section GG1. State diplomas. 
 
 Section GG2. Life diplomias. 
 
 Section GG3. Graduate of state normal school. 
 
 Section GG4. Revocation of diploma. 
 
 Section GG5. Expenses. 
 
 642. (Sec 1510.) Membership. The State board of educa- 
 tion shall consist of eleven members, of which number the gov- 
 ernor, state superintendent of public instruction and attorney 
 general shall be ex-officio members. (Act approved March 10, 
 
 1895). 
 
 Hilburn v. St. P. R. Co., 23 Mont. 243; 58 Pac. 556. 
 
 643. (Sec. 1511.) Appointment and Term. The governor 
 shall appoint, by and with the advice and consent of the senate, 
 the remaining eight members of the board. The persons first 
 appointed under the provisions of this title shall hold office for 
 the following terms : Two shall be appointed for the term of 
 two years from the first day of February, 1893 ; two for the term 
 of three years from the first day of February, 1893; two of the 
 term of four years from the first day of February, 1893, and two 
 for the' term of five years from the first day of February, 1893. 
 The successors shall be appointed for the term of four years, 
 and until their successors are appointed and qualified. (Act ap- 
 proved March n, 1895). 
 
 644. (Sec. 1512.) Oath. The persons so appointed as mem- 
 bers of the state board of education shall before entering upon 
 the duties of their office, take and subscribe the constitutional 
 oath of office prescribed for civil officers, which shall be filed in 
 the office of the secretary of state. (Act approved March n, 
 
 1895). 
 
 645. '(Sec. 1513.) Officers The governor shall be the presi- 
 dent of said board, and the superintendent of public instruction 
 shall be the secretary thereof. The state treasurer shall be the 
 treasurer of the board. (Act approved March n, 1895). 
 
 State v. Barret, 2G Mont. GG; 66 Pac. 506. The state treasure/ is 
 the treasurer of the state board of education, and is liable, 
 upon the order of the board, to pay out the income derived 
 from the rents of lands granted by the United States in aid 
 of the state agricultural college. 
 
STATE OF MONTANA. 15- 
 
 646. (Sec. 1514.) Quorum A majority of said board shall 
 constitute a quorum for the transaction of business. (Act ap- 
 proved March u, 1895). 
 
 647. (Sec. 1515.) Meetings. The board shall hold semi- 
 annual meetings at the state capitol on the first Monday in June 
 and December in each year, and may hold special meetings at 
 any time and place they may direct. The president and secretary 
 of the board may also call special meetings of said board at any 
 time and place, if in their judgment the necessity requires it. 
 (Act approved March n, 1895). 
 
 649. (Sec. 1517.) State Diplomas. State diplomas shall be 
 issued to such persons, as have a good moral character, and who 
 have held for one year and still hold in full force and effect, a 
 first grade county certificate with the addition of English litera- 
 ture and mental philosophy, and who shall furnish satisfactory 
 evidence of having been successfully engaged in teaching for at 
 least five years. The term "five years" shall be construed to 
 mean five years of not less than seven months each ; that is, the 
 applicant must have taught a part of each year for five years 
 not necessarily consecutive years and in all thirty-five months, 
 of which at least twenty-one months must have been in the public 
 schools of Montana ; Provided, That the state board of education 
 shall have the power to add such other studies to those enumer- 
 ated in this section as they may deem necessary. (Act approved 
 March 11, 1895). 
 
 650. (Sec. 1518.) Life diplomas may be issued upon all and 
 the same conditions as state diplomas, except that the applicant 
 must pass a satisfactory examination upon the rudiments of 
 botany, geology, political economy, zoology and general history,. 
 and must furnish satisfactory evidence of having been success- 
 fully engaged in teaching for at least ten years. "Ten years" 
 shall be construed to mean ten years of not less than seven 
 months each ; that is, the applicant must have taught some part 
 of each year for ten years not necessarily consecutive years 
 and in all seventy months, of which at least twenty-one months 
 
 Hmust have been in the public schools of Montana. (Act ap- 
 proved March 11, 1895). 
 . (Sec. 1519.) Graduate of State Normal School. A state 
 or life diploma may be granted to any graduate of the state 
 normal school of Montana, or of the state university of Montana,, 
 when the said graduate furnishes satisfactory evidence of having. 
 
 
16 GENERAL SCHOOL LAW 
 
 successfully taught, after graduation, a public school in this state 
 for sixteen school months. State or life diplomas may be granted 
 to graduates of other educational institutions within or without 
 the state, upon conditions established by the state board of edu- 
 cation. (Act approved March n. 1895). 
 
 652. Revocation of Diplomas. Ajny State or Life Diploma 
 may be revoked by the state superintendent of public Instruction 
 for incompetency or immoral conduct on the part of the holder 
 of it, or for any cause that would require the state board of 
 education to refuse to grant it if known at the time the diploma 
 was granted ; but, before any such revocation, the holder shall be 
 served with a written statement of the charges against him, 
 and shall have an opportunity for defense before said state board 
 of education. The state superintendent may grant a temporary 
 state certificate, at any time, to any teacher whose experience, 
 qualifications and credentials, in his opinion, entitle such a 
 teacher to either a state or life diploma in Montana. Such tem- 
 porary state certificate, however, shall be good and valid in any 
 county in the state only until the next regular meeting of the 
 state board of education ; provided, however, that the holder of 
 such certificate shall have it duly registered in the office of the 
 county superintendent of schools of the county in which he is 
 employed to teach before he begins teaching, and, provided, also, 
 that such teacher shall pay for such registration, the sum of one 
 ($1.00) dollar into the institute fund of such county. (Act ap- 
 proved February 8, 1907). (loth Sess. Chap. 9). 
 
 ^53- (Sec. 1521.) Expenses. The members of said board 
 shall receive no compensation for their services, but shall be 
 allowed their actual traveling expenses incurred in attending the 
 meetings of the board, which expenses and all other expenses, on 
 the certificate of the secretary of the board, shall be audited and 
 approved by the state board of examiners, and paid by warrant 
 of the state auditor on the state treasurer. (Act approved March 
 ]], 1895). 
 
 654. Sec. 1522.) Membership. The state board of education 
 shall consist of eleven members, of which number the governor, 
 state superintendent of public instruction and attorney general 
 shall be ex-officio members. (Act approved March I, 1893). 
 
 655. (Sec. 1523.) Appointment and Term. The governor 
 shall appoint by and with the advice and consent of the senate 
 the remaining eight members of said board. The persons first 
 

 
 STATE OF MONTANA. 17 
 
 appointed under the provisions of this act, shall hold their office 
 for the following terms, viz: Two shall be appointed for the 
 term of two years from the first day of February, 1893 ; two for 
 the term of three years from the first day of February, 1893 ; 
 two for the term of four years from the first day of February, 
 1893, and two for the term of five years from the first day of 
 February, 1893. Their successors shall be appointed for the 
 term of four years, and until their successors are appointed and 
 qualified. (Act approved March i, 1893). 
 
 656. (Sec. 1524.) Oath. The persons so appointed as mem- 
 bers of the state board of education shall, before entering upon 
 the duties of their office, take and subscribe the constitutional 
 oath of office prescribed for civil officers, which shall be filed 
 in the office of the secretary of state. (Act approved March I, 
 
 1893). 
 
 657. (Sec. 1525.) Officers. The governor shall be the presi- 
 dent of said board, and the state superintendent of public instruc- 
 
 I shall be the secretary thereof. The state treasurer shall be 
 the treasurer of the board. (Act approved March I, 1893.) 
 658. (Sec. 1526.) Quorum. A majority of the said board 
 shall constitute a quorum for the transaction of business. (Act 
 approved March I, 1893). 
 
 659. (Sec. 1527.) Meetings. The board shall hold semi-an- 
 nual meetings at the state capitol on the first Monday of June 
 and December in each year, and may hold special meetings at 
 any time and place they may direct. The president and secre- 
 tary of the board may also call meetings of said board at any time 
 and place, if in their judgment, necessity requires it. (Act ap- 
 proved .March I, 1893). 
 
 660. (Sec. 1528). Powers and Duties. The powers and 
 duties of said board shall be as follows : 
 
 1 . They shall have the general control and supervision of 
 the state university and the various other state educational in- 
 stitutions. 
 
 2. To adopt rules and regulations not inconsistent with the 
 constitution or laws of this state for its own government, and 
 proper and necessary for the due execution of the powers and 
 duties conferred upon them by law. 
 
 3. To prescribe rules and regulations for the government of 
 the various state educational institutions. 
 
 4. To grant diplomas to graduates of the state university and 
 
 
18 GENERAL SCHOOL LAW 
 
 other state educational institutions, upon the recommendation of 
 the faculties thereof, and may confer honorary degrees upon per- 
 sons other than graduates, upon recommendations of the faculty 
 of any of said institutions. 
 
 5. To adopt and use in the authentication of its acts an official 
 seal. 
 
 6. To grant state diplomas, valid for six years, and life diplo- 
 mas. 
 
 7. To keep a record of the proceedings. 
 
 8. To make an annual report on or before the first day of 
 January, which shall be printed under the direction of the board. 
 
 9. To receive from the state board of land commissioners or 
 other boards, or persons, or from the government of the United 
 States, any and all funds, incomes and other property to which 
 any of the said institutions may be entitled and to use and ap- 
 propriate the same for the specific purpose of the grant or dona- 
 tion, and none other; and to have general control of all receipts 
 and disbursements of any of said institutions. (Act approved 
 March i, 1893). 
 
 661. (Sec. 1529.) State Diplomas. State diplomas may be 
 issued to such persons only as have a good moral character and 
 who have held for one year and still hold in full force and effect 
 a first grade county certificate, with the addition of English 
 literature and mental philosophy and who shall furnish satisfac- 
 tory evidence of having been successfully engaged in teaching for 
 at least five years. The term "five years" shall be construed to 
 mean, for five years of not less than seven months each ; that 
 is the applicant must have taught a part of each year for five 
 years not necessarily consecutive years and in all thirty-five 
 months, of which at least twenty-one months must have been in 
 the public schools of Montana. (Act approved March I, 1893). 
 
 662. (Sec. 1530.) Life Diplomas. Life diplomas may be is- 
 sued upon all and the same conditions as state diplomas, except 
 that the applicant must pass a satisfactory examination upon the 
 rudiments of botany, geology, political economy, zoology, and 
 general history, and must furnish satisfactory evidence of having 
 been successfully engaged in teaching for at least ten years. Ten 
 years shall be construed to mean ten years of not less than seven 
 months each ; that is, the applicant must have taught some part 
 of each year for ten years not necessarily consecutive years 
 and in all seventy months, of which at least twenty-one months 
 
S.TATE OF MONTANA. 19 
 
 must have been in the public schools of Montana. (Act approv- 
 ed March I, 1893). 
 
 . 1531.) Graduate of State Normal School. A 
 state or life diploma may be granted to any graduate of the 
 state normal school of Montana or of the state university of 
 M on tana when the said graduate furnishes satisfactory evidence 
 of having successfully taught, after graduation, a public school 
 in this state for sixteen school months. State or life diplomas 
 max* also be granted to graduates of other educational institutions 
 within or xvithout the state, upon conditions established by said 
 state board of education. (Act approved March I, 1893). 
 
 664. (Sec. 1532.) Revocation of Diploma. Any state or life 
 diploma may IK- revoked by the state superintendent for incom- 
 petency or immoral conduct; but before any such revocation, the 
 holder shall be served with a xvritten statement of the charges 
 against him, and shall hax r e an opportunity for defense before 
 said slate board of education. (Act approved March i, 1893). 
 
 665. (Sec. 533.) Expenses. The members of said board 
 shall receive no compensation for their services but shall be al- 
 loxved their actual traveling expenses incurred in attending the 
 meetings of the board, which expenses and all other expenses on 
 the certificate of the secretary of the board, shall be audited and 
 approved by the state board of examiners, and paid by warrant 
 of the state auditor on the state treasurer. (Act approved 
 March i, 1893). 
 
 SENATE BILL 76. 
 State Board of Education. 
 Duties and powers of state board of education. 
 General contracts of state institutions enumerated. 
 To adopt rules and regulations for state educational institutions. 
 Text boo 
 Diplomas. 
 Honorary degrees. 
 Seal. 
 
 State and life diplomas. 
 Records. 
 Annual reports. 
 
 Appoint teachers as instructors in county institutes. 
 To have control of books, records and property of colleges and 
 institutions n:imMl. 
 
 Appoint the president and faculty of various state institutions. 
 
20 GENERAL SCHOOL LAW 
 
 Proviso. 
 
 May confer certain powers on executive board of each state institu- 
 tion named in this Act. 
 
 Authority conferred on president and faculty. 
 
 Executive boards of institutions, how appointed. 
 
 Residence of executive boards. 
 
 Powers of executive board. 
 
 Expenditures and contracts limited to $250. 
 
 Vacancies in executive board, to be filled how. 
 
 Secretary of executive board, may act as treasurer. Not to be 
 member of Board. 
 
 Bond. 
 
 Amount of bond. 
 
 Treasurer of board the treasurer of the institution. 
 
 Meetings of executive board. 
 
 Statements and reports and contents 'thereof. 
 
 Statements may be called for by state board of examiners or state 
 board of education at any time. 
 
 Reports shall be in triplicate. 
 
 Duties of chairman and secretary of executive board. 
 
 Matron for state orphans' home. 
 
 Treasurer of executive board of agricultural college has authority 
 to receive from state treasurer certain United States apportionments. 
 
 How United States apportionments shall be expended. 
 
 Treasurer of Agricultural College, when to make detailed statement. 
 
 Statement to be reported to secretary of agriculture and secretary 
 of interior of United States and duplicate filed with state board of 
 examiners. 
 
 Other detailed statements. 
 
 Term of office of members of executive boards. 
 
 Proviso. 
 
 Oath of office. 
 
 Compensation. 
 
 Expenses. 
 
 Termination of term of office of executive boards, commissioners, 
 trustees and directors hitherto appointed. 
 
 State board of examiners shall have supervision and control of all 
 moneys appropriated or received, excepting those received from the 
 United States. 
 
 Other powers and duties of state board of examiners. 
 
 Donations, grants and gifts, how made. 
 
 Revised Codes of 1907. Sections repealed. 
 
 An Act relating to the government, management, control and 
 finances of the University of Montana, Montana State Normal 
 School, Agricultural College of Montana, State Orphans' Home, 
 Montana State School of Mines, Montana School for the Deaf 
 and Blind, and State Reform School, and to repeal Sections 648, 
 
STATE OF MONTANA. 21 
 
 672, 692, 693, 694, 695, 699, 700, 701, 703, 704, 707, 708, 735, 736, 
 737, 776, 1158, 1 159, Il6o Il6 3> 1165, 1251, 1252, 1253, 1254, 
 1255, 1256, 1257, 1258, 1262, 1263, and 1264, of the Revised Codes 
 of Montana of 1907. 
 
 Be it enacted by the Legislative Assembly of the State of 
 Montana : 
 
 Section i. The state board of education, as now created by 
 law, shall have power, and it shall be its duty: 
 
 1. To have the general control and supervision of the uni- 
 versity of Montana, Montana State Normal College, Agricul- 
 tural College of Montana, State Orphans' Home, Montana State 
 School of Mines, Montana School for the Deaf and Blind, and 
 State Reform School. 
 
 2. To adopt rules and regulations, not inconsistent with the 
 constitution and the laws of this state, for its own government 
 and proper and necessary for the execution of the powers and 
 duties conferred upon it by law. 
 
 3. To provide, subject to the laws of the state, rules and 
 regulations for the government of the affairs of the state edu- 
 cational institutions named in this section. 
 
 4. To recommend to the legislature a uniform system of text- 
 books to be used in the public schools of this state. 
 
 5. To grant diplomas to the graduates of all state educational 
 institutions, where diplomas are authorized or now granted, 
 upon the recommendation of the faculties thereof, and may con- 
 fer honorary degrees upon persons, other than graduates, upon 
 the recommendation of the faculty of such institutions. 
 
 6. To adopt and use, in the authentication of its acts an 
 official seal. 
 
 7. To grant state diplomas valid for six years, and to grant 
 life diplomas. 
 
 8. To keep a record of its proceedings. 
 
 9. To make an annual report on or before the first day of 
 January in each year, which may be printed under the directions 
 of the state board of examiners. 
 
 10. To appoint and commission experienced teachers as in- 
 structors in county institutes. 
 
 11. To have, when not otherwise provided by law, control of 
 all books, records, buildings, grounds and other property of the 
 institutions and colleges named in this section. 
 
 12. To choose and appoint a president and faculty for each 
 
22 GENERAL SCHOOL LAW 
 
 of the various state institutions named herein, and to fix their 
 compensation ; provided, that the person selected and now acting 
 as the head of any of said institutions, and performing the duties 
 of the presiding officer or college president, whether designated 
 as president, superintendent, director, or by any other title or 
 designation, shall hereafter be known and designated as president 
 of such institution, and such president, as well as the faculty 
 of said institution, shall continue to hold their respective posi- 
 tions in accordance with the terms and conditions of their elec- 
 tion or appointment. 
 
 13. To confer upon the executive board of each of said insti- 
 tutions such authority relative to the immediate control and 
 management, other than financial, and the selection of the faculty, 
 teachers and employees as may be deemed expedient, and may 
 confer upon the president and faculty such authority relative to 
 the immediate control and management, other than financial, and 
 the selection of teachers and employes as may by said board be 
 deemed for the best interest of said institution. 
 
 Section 2. There shall be an executive board, consisting of 
 three members, for each of said institutions, two of whom shall 
 be appointed by the governor, by and with the advice and con- 
 sent of the state board of education, and the president of such 
 institution shall be ex-officio member of said board and shall be 
 the chairman thereof. At least two of said members shall re-- 
 side in the county where such institution is located. Said exec- 
 utive board shall have such immediate direction and control, other 
 than financial, of the affairs of such institution as may be con- 
 ferred on such board by the state board of education, subject, 
 always, to the supervision and control of said state board. 
 
 Said executive boards shall also have and exercise power and 
 authority in contracting current expenses and in auditing, pay- 
 ing and reporting bills for salaries, or other expenses incurred 
 in connection with such institutions, provided, the board of ex- 
 aminers may not limit the power of the executive board in mak- 
 ing expenditures or contracts which in no single instance or for 
 any single purpose does not exceed two. hundred and fifty dollars. 
 All vacancies occurring- in the membership of any of said execu- 
 tive boards shall be filled by appointment by the governor, which 
 appointments shall be referred to the state board of education at 
 its first meeting thereafter for confirmation. 
 
 Section 3. The executive board of each of the institutions 
 
STATE OF MONTANA. 23 
 
 named in section one of this act shall appoint a secretary of said 
 board, who may also act as treasurer of said board, and who 
 may or may not be a member of said executive board, and such 
 secretary and treasurer shall give bond with good and sufficient 
 surety, for the faithful performance of his duties as such, and for 
 the faithful accounting for and paying over to, and for the use 
 of, said college all moneys received by him as treasurer. Said 
 bond shall run to the state of Montana and shall be in such sum 
 as may be designated by the state board of examiners, and when 
 
 ii ted shall be approved by said state board of examiners. 
 Section 4. The treasurer of each executive board shall be the 
 treasurer of the institution. 
 
 Section 5. Th executive board of each of said institutions 
 shall meet in regular session at least once in each quarter, and 
 monthly, or oftener, if the business of such institution requires 
 it. 
 
 Section 6. Each of such executive boards shall on or before 
 the first Monday in June of each year make a detailed state- 
 ment and report of all its transactions and of the condition of 
 the institution, including the number of teachers, professors, and 
 enij-!'jyes, with the salary or wages paid to each, and a detailed 
 nent of all expenses and disbursements of such institution, 
 which report shall contain such other information or recom- 
 mendations as may be required by the state board of examiners, 
 or by the state board of examiners and the state board of edu- 
 cation, and the state board of examiners or the state board of 
 I education shall have authority to call for a report and statement 
 from such executive boards at any time such board may deem it 
 au \i-abie. All such reports by such executive boards shall be 
 made in triplicate, one copy shall be retained by such board, one 
 shall l)e filed with the state board of examiners and one 
 copy with the state board of education. 
 Secti- >n 7. The duties of the chairman and secretaries of each 
 of said executive boards shall be that usually performed by such 
 officers, or which may be designated by the state board of edu- 
 
 Hcaiton or the state board of examiners. 
 tim 8. The state board of education shall have authority 
 to employ, or to authorize the employment, of a matron for the 
 state orphans' home. 
 
 lion 9. The treasurer of the executive board of the agri- 
 cultural college of .Montana shall have the authority to receive 
 
24 GENERAL SCHOOL LAW 
 
 from the treasurer of the state of Montana the cash appropria- 
 tion received from the United States iby authority of the act of 
 congress of August 30, 1890, (26 Statues at Large, page 417), 
 known as the second Morrill Act, and the act of congress of 
 March 4, 1907, (Statues at Large, page 1281), known as the Nel- 
 son Amendment. And such cash appropriation shall be ex- 
 pended by the executive board of said agricultural college, under 
 the general supervision of the state board of education, but only 
 for the purpose for which the same is appropriated by congress. 
 
 The treasurer of said executive board of said agricultural col- 
 lege shall also have the authority to receive all moneys appro- 
 priated by the act of congress of March 16, 1906 (34 Statues at 
 Large, page 63), entitled, "An Act to provide for and increase 
 the annual appropriation for agricultural experiment stations, 
 and regulating the expenditure thereof, and such money shall be 
 expended by said executive board under the supervision and 
 direction and control of the state board of education in the man- 
 ner and for the purpose designated in said act of congress, and 
 as required by section 741 of the Revised Codes of Montana of 
 1907. The treasurer of the agricultural college of Montana shall, 
 on or before the first day of September of each year, make a de- 
 tailed statement of the amounts received and disbursed under the 
 provisions of the act of congress of August 30, 1890, and of 
 March 4, 1907, and shall report the same to the secretary of 
 agriculture of the United States and to the secretary of the in- 
 terior of the United States, as required by said acts of congress, 
 and shall file a duplicate thereof with the state board of ex- 
 aminers of the state of Montana on or before the loth day of 
 September of each year. Said treasurer shall also make a de- 
 tailed statement of the amounts of money received and disbursed 
 under the act of congress of March 16, 1906, which report shall 
 be filed with the state board of examiners on or before the loth 
 day of September of each year, and shall also make such reports 
 to the officers or departments of the United States as are now or 
 may hereafter be required by the laws of the United States. 
 
 Section 10. The ex-officio member of each of said executive 
 boards shall hold his office during his continuance as president 
 of such institution, and the two members appointed by the gov- 
 ernor shall hold office for the term of four years from and after 
 the third Monday in April, 1909, unless sooner removed by the 
 governor or by the state board of education ; provided, that of 
 
I 
 
 
 
 the members of the executive board first appointed under the 
 provisions of this act, one shall be appointed for the term of 
 two years and one for the term of four years. Such members 
 shall qualify by taking and filing their oath of office with the 
 state board of education. 
 
 Section u. The members of each of the executive boards, ex- 
 cept the chairman, shall receive such compensation for their ser- 
 vices as shall be fixed by the state board of education, not ex- 
 ceeding the sum of five dollars for each day actually spent in the 
 discharge of their official duties, and not exceeding the sum of 
 one hundred and twenty-five dollars in any one year for each 
 member, and such members shall also be reimbursed from the 
 amount appropriated by the legislature for the maintenance and 
 support of such institutions all expenses necessarily incurred 
 by them in discharge of their official duties as members of said 
 boards. 
 
 Section 12. That the term of office of all trustees, directors, 
 or members of any executive board or commission of any of 
 the institutions named in this act, heretofore appointed, elected 
 or serving as such trustees, directors or member of such execu- 
 tive boards or commissions, shall terminate upon the appoint- 
 ment and qualification of the members of the executive boards 
 created by this act, and such boards created hereby shall have 
 only such power and authority as is given under the provisions 
 of this Act. 
 
 Section 13. The state board of examiners of the state of 
 Montana shall have supervision and control of all expenditures 
 of all moneys appropriated or received for the use of said col- 
 leges from any and all sources, other than that received under 
 and by virtue of the acts of congress hereinbefore referred to, 
 and said state board of examiners shall let all contracts, approve 
 all bonds for any and all buildings or improvements, and shall 
 audit all claims to be paid from any moneys, other than that 
 received under and by virtue of the acts of congress herein re- 
 ferred to, hut said state board of examiners shall have authority 
 to confer upon the executive boards of such institutions such 
 power and authority in contracting current expenses and in 
 auditing, paying and reporting bills for salaries or other expenses 
 incurred in connection with said institution as may be deemed 
 by said state board of examiners to be to the best interests of 
 said institutions. 
 
 
26 
 
 GENERAL SCHOOL LAW 
 
 Section 14. All donations, grants, gifts or devises made to 
 any of the institutions named herein shall be made to such in- 
 stitution in its legal name, and if made to any officer or boards 
 of such institution the same shall be immediately transferred by 
 such board or officer to such institution. 
 
 Section 15. That sections 648, 672, 692, 693, 694, 695, 699, 
 700, 701, 703, 704, 707, 708, 735, 736, 737, 776, 1158, 1159, 1160, 
 1163, 1165, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258; 1262, 
 1263, and 1264, of the Revised Codes of Montana of 1907, and all 
 acts and parts of acts in conflict with this act be, and the same 
 are, hereby repealed. 
 
 Section 16. This act shall take effect and be in full force from 
 and after the I5th day of April, 1909. 
 
 Approved March 4, 1909. 
 
 CHAPTER II. 
 University of Montana. 
 
 Section 666. University of Montana established. 
 
 Section 667. Control and supervision of same. 
 
 Section 668. No person to use the name of the university of Montana- 
 Section 669. The university of Montana established. 
 
 Section 670. Government. Officers. 
 
 Section 671. Duty of state board of education. 
 
 Section 673. Officers of university. Report. 
 
 Section 674. Objects of university. 
 
 Section 675. Course of study. 
 
 Section 676. Qualifications' of students. Military instruction. 
 
 Section 677. Charges for tuition. 
 
 Section 678. Endowed professorships. 
 
 Section 679. Appropriations for support of university. 
 
 Section 680. Selection of site. 
 
 Section 681. State university bonds. 
 
 Section 682. Sale of bonds. 
 
 Section 683. Funds pledged as security. 
 
 Section 684. Disposition of proceeds of lands. 
 
 Section 685. Notice of 'sale of bonds. 
 
 Section 686. Use of proceeds of bonds. 
 
 Section 687. University building commission. 
 
 Section 688. State not liable on bonds. 
 
 666. (Sec. 1540.) University of Montana Established. The 
 university of Montana is established and located at Missoula, 
 and has for its object, instruction and education in all the de- 
 

 
 
 OF MONTANA. 27 
 
 partments of science, literature, art. industrial and professional 
 pursuits. 
 
 667. (Sec. 1541.) Control and Supervision of Same. The 
 control and supervision of the state university is vested in the 
 state board of education, which must appoint a president and 
 faculty, and other necessary officers, agents, employes, prescribe 
 their powers and duties, and establish for the government of the 
 university, and for the instruction given therein, such rules not 
 inconsistent with the laws of the state, as may be necessary. 
 
 668. (Sea 1542.) No Person to Use the Name of the Uni- 
 versity of Montana. The state has the exclusive right to the use 
 of the name "University of Montana," and no other institution 
 of learning, or corporation, must use the name of "University 
 of Montana", or "Montana University", or like name, and the 
 attorney general is required to bring an action in the name of 
 the state against any person, association or corporation using 
 such of like name, for the purpose of dissolving the corporation, 
 and recovering a sum not exceeding five hundred dollars, nor 
 less than one hundred dollars, which is hereby made the penalty 
 for the violation of the provisions of this section, from the per- 
 son or association using such name. 
 
 669. (Sec. 1543.) The University of Montana Established. 
 There is hereby established in this state, at the city of Missoula, 
 an institution of learning under the name and style of "The Uni- 
 
 lontana." (Act approved Feb. 17, 1893.) 
 
 670. (Sec. 1544.) Government. Officers. The government 
 of the university shall be vested in the state board of education. 
 The manner of their appointment, their powers, duties, com- 
 pensation and terms of office shall be as prescribed by law. The 
 state treasurer shall be the treasurer of said board, and perform 
 all the duties of such office, subject to such regulations as the 
 state board may adopt, not inconsistent with his official duties; 
 and lie and his sureties shall be liable on his official bond as 
 state treasurer for the faithful discharge of such duties. (Act 
 approved Feb. 17, 1893). 
 
 671. (Sec. 1545.) Duty of State Board of Education. The 
 board of education shall have power, and it shall be their 
 
 duty to enact by-laws for the government of the university in all 
 
 its departments; to elect a president of the university and in 
 
 their discretion a vice-president, and the requisite number of pro- 
 
 rs. instructors, officers and employes, and fix their salaries 
 
28 GENERAL SCHOOL LAW 
 
 and terms of each; to determine the moral and educational 
 qualifications of applicants for admission to the various courses 
 of instruction ; but no sectarian or partisan test shall ever be 
 allowed or exercised in the appointment of professors, instruct- 
 ors, officers or employees of the university, or in the admission 
 of students thereto, or for any purpose whatever. No instruc- 
 tion, either sectarian or religious or partisan in politics, shall 
 ever be allowed in any department in the university. The state 
 board of education shall have power to regulate the course of in- 
 struction and prescribe the text books and authorities to be used 
 in all the departments, and may confer such degrees, and grant 
 such diplomas as are usual in universities ; and may confer the 
 usual honorary degrees upon other persons than graduates of 
 the university in recognition of their learning, or devotion to- 
 literature, art or science, as may be recommended by the faculty 
 of the university. (Act approved Feb. 17, 1893). 
 
 673. (Sec. 1547.) Officers of University. Report. The 
 president of the university shall be the president of the general 
 faculty, and of the special faculties of the several departments 
 or colleges and the executive head of the institution in all its 
 departments. As such officer he shall have authority, subject to- 
 the state board of education to give general direction to the 
 instruction, practical affairs and scientific investigations of the 
 several colleges, and as long as the interests of the institution 
 require it, he shall be charged with the duties of one of the 
 professorships. He shall perform the duties of corresponding 
 secretary for the university. He shall, annually, on or before 
 the fifteenth day of December in each year, make a report to the 
 state board of education, showing in detail the progress and 
 condition of the university during the previous year, the number 
 of professors and students in the several departments and classes,, 
 the nature and results of all important experiments and investi- 
 gations, and such other matters, relating to the proper govern- 
 ment, and educational work of t'he institution as he shall deem 
 useful. (Act approved Feb. 17, 1893). 
 
 674. (Sec. 1584.) Objects of University. The object of 
 the university of Montana shall be to provide the best and most 
 efficient manner of imparting to young men and women, on equal 
 terms, a liberal education and thorough knowledge of the differ- 
 ent branches of literature, science and arts, with the varied ap- 
 plications, and to this end there shall be established the following; 
 
STATE OF MONTANA. 29 
 
 colleges or departments, to-wit: 
 
 1. A preparatory department. 
 
 2. A department of literature, science and the arts. 
 
 3. Such professional and technical colleges as may from time 
 to time, be added thereto or connected therewith. The prepara- 
 tory department may be dispensed with, at such rate and in 
 such wise as may seem just and proper to the state board of 
 education. (Act approved Feb. 17, 1893). 
 
 675.- (Sec. 1549.) Course of Study. Such duties or courses 
 of instruction shall be pursued in the preparatory department as 
 shall best prepare the student to enter any of the regular col- 
 leges or departments of the university. The college or depart- 
 ment of literature, science and the arts shall embrace courses of 
 instruction in mathematical, physical and natural sciences, with 
 their application to the industrial arts ; a liberal course of in- 
 struction in the languages, literature, history and philosophy, 
 and such other branches as the state board of education may 
 prescribe. And, as soon as the income of the university will 
 allow, and in such order as the demands of the public seem to 
 require, the said courses of instruction in the sciences, literature 
 and the arts shall be expanded into distinct colleges or depart- 
 ments of the university, each with his own faculty and appro- 
 priate title. (Act approved Feb. 17, 1893). 
 
 676. (Sec. 1550). Qualifications of Students. Military In- 
 structions. The university shall be open to students of both 
 sexes, under such regulations and restrictions as the state board 
 of education may deem proper. All able-bodied male students 
 of the university may receive instruction and discipline in mili- 
 tary tactics, the requisite arms of which shall be furnished by the 
 state. (Act approved Feb. 17, 1893). 
 
 667. (Sec. 1551.) Charges for Tuition. Tutition shall ever 
 be free to all students who shall have been residents of the state 
 for one year next preceding their admission, except in the law 
 and medical departments, and for extra studies. The state board 
 of education may prescribe rates for tuition for any student in 
 the law or medical departments, or who shall not have been a 
 resident aforesaid, and for teaching such studies. (Act approved 
 Feb. 17, 1893). 
 
 678. (Sec. 1552.) Endowed Professorships. Any person 
 contributing a sum not less than fifteen thousand dollars shall 
 have the privilege of endowing a professorship in the university, 
 
 Ilcl \ < 
 
30 GENERAL SCHOOL LAW 
 
 or any department thereof, the name and object of which shall 
 be designated by the state board of education. (Act approved 
 Feb. 17, 1893). 
 
 679. (Sec. 1553.) Appropriations for Support of University. 
 For the support and endowment of the university there is 
 annually and perpetually appropriated : 
 
 1. The university fund income, and all other sums of money 
 appropriated by law to the university fund income. 
 
 2. All tuition and matriculation fees. 
 
 3. All such contributions as may be derived from public or 
 private bounty. 
 
 The entire income of all such funds shall be placed at the dis- 
 posal of the state board of education, by transfer to the treas- 
 urer of said board and to be kept separate and distinct from the 
 accounts of the state, and all other funds, and to be used solely 
 for the support of the aforesaid colleges and department of the 
 university or connection therewith. But all means derived from 
 other public or private bounty shall be exclusively devoted to 
 the specific objects for which they shall have been designated 
 by the donor. (Act approved Feb. 17, 1893). 
 
 680. (Sec. 1554.) Selection of Site. It shall be the duty of 
 the state board of education within ninety days from the date 
 of the passage of this act, if then organized, but if not organized 
 then within ninety days from the organization of the said board, 
 to select the site for the definite and permanent location of said 
 university of Montana, w'hich site shall be within three miles of 
 the city limits of the city of Missoula ; and they shall, at once, 
 take steps or proceedings for procuring the title to the tract or 
 tracts of land so selected by them, and they may, and are here- 
 by empowered to enter into contracts, in the name of the State 
 of Montana for the purchase of said tract or tracts of land so 
 selected, and may execute such obligations for the payment of 
 the same as will mature when the probable income of the uni- 
 versity fund will pay for the same. The state board of educa- 
 tion are hereby authorized and empowered to accept, in the 
 name of the State of Montana, such gifts of land and moneys as 
 may be tendered for a university site or to aid in the purchase 
 of said site ; and they shall take the proper and necessary con- 
 veyances of said tract or tracts of land in the name of the state ; 
 Provided, That if such gifts consist of money only or money and 
 land, and the land be not sufficient in amount or not appropriate 
 
STATE OF MONTANA. 31 
 
 for a university site, then they shall appropriate such gifts to 
 the payment of said site, and if there be a surplus the same to 
 become a part of the university fund ; Provided, That said tract 
 of land shall not be less than forty acres in extent. (Act ap- 
 proved Feb. 17, 1893). 
 
 68i. State University Bonds. The state board of land com- 
 missioners of the State of Montana is hereby authorized to issue 
 bonds to the amount of one hundred thousand dollars ($100,000), 
 the minimum denomination of which shall be fifty dollars 
 ($50.00) and the maximum shall be one thousand dollars 
 ($1000.00) each ; said bonds to be known as the state university 
 bonds, which shall bear date of July i, 1897, to become due thirty 
 (30) years after date and payable after twenty (20) years after 
 date thereof; said bonds shall bear interest at the rate of not 
 
 Pmore than six (6) per cent per annum payable semi-annually 
 on the first day of January and July of each year at the office 
 hof the state treasurer of the State of Montana ; said bonds shall 
 run from the state board of land commissioners of the State of 
 Montana to bearer, and shall be signed by the state board of 
 land commissioners and countersigned by the secretary of state, 
 who shall attach his seal thereto. (Act approved March 4th, 
 Sec. i). (sth Ses. 58-9). 
 
 State v. Collins, 21 Mont. 448; 53 Pac. 1114, A warrant drawn 
 by the land commissioners in favor of a contractor could 
 not be passed on by the state board of examiners; the 
 university bond fund is a trust fund, different from one 
 arising from taxation, and not a fund over which said 
 1 has control. 
 
 2. Sale of Bonds. The bonds provided for in the first 
 section of this Act shall be issued and sold as soon as possible 
 
 H after the passage of this Act. (Act approved March 4th, 1897, 
 Sec. 2). ( 5 th Ses. 59). 
 683. Funds Pledged as Security. All funds realized from the 
 sales of licenses to cut trees, leasing of said lands, or from the 
 profits arising from the permanent fund to be created, as pro- 
 vided for by section 14 of an act of congress, approved February 
 22, 1889, entitled "An Act to provide for the division of Dakota, 
 into two states, and to enable the people of North Dakota, South 
 Dakota, Montana and \Yushington to form constitutions and 
 state governments, and to be admitted into the Union on an 
 equal footing with the original stater, and to make donations of 
 public lands to such states" (said land being forty-six thousand 
 
 puum_ i 
 
32 GENERAL SCHOOL LAW 
 
 and eighty (46,080) acres, granted to the territory of Montana 
 by the Act of February 18, 1881, and vested in the State of Mon- 
 tana by the Act of February 22, 1889) for the establishment and 
 maintenance of a university; are hereby pledged as security for 
 the payment of the principal and interest of the bonds authorized 
 by this Act, and all revenue or profits derived from the said 
 lands or said permanent fund to be created, or any of them, 
 whether on account of lease, sales of licenses to cut trees, or 
 otherwise, are hereby set apart and shall constitute a fund for 
 the payment as hereinafter provided of the principal and interest 
 of the said bonds, which bonds shall be a first lien on said uni- 
 versity bond fund. (Act approved March 4th, 1897, Sec 3). 
 (5th Sess. 59). 
 
 684. Disposition of Proceeds of Lands. It shall be the duty 
 ot the state treasurer to keep all moneys derived from the uni- 
 versity lands hereinbefore mentioned in separate fund, to be 
 known and designated as the university bond fund and out of 
 the moneys of such fund, he shall pay after approval by the 
 state board of examiners : 
 
 First : The cost and expenses of issuing of the bonds herein 
 provided for. 
 
 Second : The interest on the bonds herein authorized when 
 due, and 
 
 Third : When bonds shall become payable, he shall call in 
 and pay them as rapidly as the moneys in such fund will permit 
 after providing for the interest. That in the event there shall 
 not be sufficient funds in the university bond fund to pay the 
 interest when due, the state board of examiners shall, by an 
 order entered upon their minutes cause warrants to be issued 
 on the university bond fund for the amount of the interest due, 
 and the warrants issued shall draw interest at the rate of six (6) 
 per cent per annum, and said warrants shall be paid by the treas- 
 urer as soon as sufficient funds accumulate in said fund to pay 
 the same, and by reason of the delivery of the said Warrants 
 to the holders of the said bonds in satisfaction of the accrued 
 interest, there shall be no default in the payment of the interest. 
 (Act approved March 4th, 1897, Sec. 4). (5th Sess. 59-60). 
 
 685. Notice of Sale of Bonds. It shall be the duty of the 
 state treasurer to give notice, by advertising for not less than 
 two (2) weeks daily in one newspaper, published in the city of 
 Helena, Montana, and in one newspaper published in the city 
 
STATE OF MONTANA. 
 
 33 
 
 of New York that he will on April 5th, 1897, sell one hundred 
 thousand dollars ($100,000.00) of the bonds herein authorized 
 and will receive bids therefor and said bonds shall on said day 
 be by him sold to the highest bidder; Provided, that the state 
 board of education shall open all bids and shall have the right 
 to reject any or all bids. If no bids are then received and ac- 
 cepted said bonds may then be sold afterwards at private sale, 
 provided however, that none of the said bonds shall at any time 
 be sold at less than par. (Act approved March 4th, 1897, Sec. 
 
 15). ( 5 th Sess. 60). 
 686. Use of Proceeds of Bonds. The moneys derived from 
 the sale of the said bonds shall be used to erect, furnish and equip 
 buildings for the use and benefit of the University of Montana 
 at the city of Missoula in said state, and shall by the state treas- 
 urer be paid out on the warrants of the building commission of 
 said university as hereafter provided. (Act approved March 4th, 
 
 11897, Sec. 6). (5th Sess. 60). 
 687. University Building Commission. There is hcieby 
 created a building commission to be composed of five persons 
 to be appointed by the governor of the state, no more than two 
 of whom shall be of the same political party and all residents of 
 the city of Missoula, who shall serve without compensation, 
 whose duty it shall be to contract for the erection and furnishing 
 of suitable buildings for the use and benefit of the University of 
 Montana. The said commission shall have charge and supervi- 
 sion over the construction of said buildings and all things per- 
 taining thereto; and shall have authority from time to time to 
 draw their warrants on the treasurer of the State of Montana 
 for such sum or sums as may be due any contractor or employee 
 engaged in and about the erection of the said buildings which 
 warrants shall be paid by the said treasurer out of any funds in 
 his hand arising from the sale of bonds provided for in this act. 
 Said building commission is hereby authorized to employ an 
 architect and such other assistants as it may deem necessary in 
 preparing the plans, specifications and superintending the con- 
 struction of said building and the expense thereof shall be paid 
 out of the funds as hereinbefore provided for the erection of 
 said buildings, provided that all architects, superintendents and 
 contractors shall be citizens of the State of Montana. Said com- 
 mission shall make report from time to time, to the stated meet- 
 ings of the state board of education, of the progress of said 
 
34 
 
 GENERAL SCHOOL LAW 
 
 work and the expenditures thereof. (Act approved March 4th y 
 1897, Sec. 7). (5th Sess. 60-1). 
 
 688. State Not Liable on Bonds. The State of Montana shall 
 in no wise be held liable for the payment of the bonds herein 
 authorized or interest thereon. (Act approved March 4th, 1897,. 
 Sec. 8). (5th Sess. 61). 
 
 CHAPTER III. 
 
 School of Mines. 
 
 Section 689. School of mines established. 
 
 Section 690. Control and management. 
 
 Section 691. School of mines established. 
 
 Section 696. Object of school. 
 
 Section 697. Site, appliances. 
 
 Section 698. Qualifications of students. 
 
 Section 702. Location of school lands. 
 
 Section 705. Fees of professors. 
 
 Section 706. Debt prohibited. 
 
 Section 709. State 'school of mines building commission. 
 
 Section 710. Member of commission not to be interested in con- 
 tracts. 
 
 Section 711. Compensation and expenses of members. 
 
 Section 712. Plans for buildings. 
 
 Section 713. Bids and contracts for buildings. 
 
 Section 714. Commissioners may employ architect. 
 
 Section 715. Auditing and payment of claims. 
 
 Section 716. Equipment of school. 
 
 Section 717. Disposal of buildings when completed. 
 
 Section 718. Records of commission. 
 
 Section 719. School of mines building fund; bonds. 
 
 Section 720. Disposition of bonds. 
 
 'Section 721. Creation of interest and sinking fund. 
 
 Section 722. Investment of sinking fund. 
 
 Section 723. Reimbursement of general fund. 
 
 Section 724. State treasurer as custodian of fund. 
 
 Section 725. Disposition of proceeds of bond sale. 
 
 Section 726. Call of bonds for payment. 
 
 Section 727. Expense of issuance of bonds. 
 
 Section 728. Warrants for interest. 
 
 Section 729. State liable only to extent of lien on lands. 
 
 689. (Sec. 1570.) School of Mines Established. A school of 
 mines of Montana is hereby established and located at Butte, 
 and has for its object instruction and education in chemistry, 
 metallurgy, mineralogy, geology, mining, milling, engineering, 
 mathematics, mechanics, drawing, the laws of the United States,. 
 
STATE OF MONTANA. 35 
 
 and of the state in reference to mining and the rights and duties 
 of citizens in relation thereto. Such school of mines may be 
 connected with the state university under such regulations as 
 tlie state board of education may prescribe. 
 
 690. (Sec. 1571.) Control and Management. The control 
 and supervision of such school is vested in the the state board 
 of education, which may prescribe all necessary rules therefor, 
 i. (Sec. 1572). School of Mines Established. The state 
 school of mines is hereby established and declared to be a body 
 corporate under the name of "Montana State School of Mines" 
 and by that name may sue and be sued, may take and hold real 
 or personal property by gift, bequest, devise, or purchase from 
 the state, and may dispose of the same when authorized so to do 
 by law. (Act approved Feb. 17, 1893). 
 
 State Bank vs. Barret, 25 Mont. 114; 63 Pac. 1030. 
 
 696. (Sec. 1577.) Object of School. It shall be the object 
 of such school of mines to furnish facilities for the education of 
 such persons as may desire to receive special instruction in chem- 
 istry, metallurgy, mineralogy, geology, mining, mining engineer- 
 ing, mathematics, mechanics and drawing. (Act approved Feb. 
 17, 1893). 
 
 697. (Sec. 1578.) Site, Appliances. The said board of 
 trustees are hereby authorized to procure a suitable site at or 
 near the city of Butte, in the county of Silver Bow and the State 
 ot Montaa. for said school of mines, as hereinafter set out, and 
 to erect suitable buildings thereon, and to procure such machin- 
 ery and other appliances as may be necessary to carry out the 
 object and intention of such institution and to promote the 
 welfare thereof, whenever the funds provided for the establish- 
 ment of said school of mines will warrant the same. (Act ap- 
 proved Feb 17, 1893). 
 
 698. (See. 1579.) . .Qualifications of Students. The said 
 lio<l of mines shall be open and free for instruction to all bona 
 
 fide residents of this state without regard to sex or color, and, 
 with the consent of said board students from other states or 
 territories may receive an education thereat, upon such terms 
 and at such rates of tuition as the board may prescribe. (Act 
 approved Feb. 17, 18931. 
 
 702. (Sec. 15.^3.) Location of School Lands. The state board 
 of land commissioners are hereby authorized and required to lo- 
 
36 GENERAL SCHOOL LAW 
 
 cate all the lands that have been donated by the United States 
 to the State of Montana for the establishment and maintenance 
 of a school of mines and report to the next legislative assembly 
 the number of acres so located, where situated, and the character 
 and estimated value, and shall make a similiar report on or be- 
 fore the next meeting of the legislative assembly to the board 
 of trustees of the school of mines, and also to the state board 
 of education. (Act approved Feb. 17, 1893). 
 
 705. (Sec. 1587.) Fees of Professors. It shall be lawful for 
 the professor or president of the school of mines, who shall be 
 appointed by the said board of trustees, to charge and collect 
 such reasonable fees for any and all assays and analysis made 
 by them, as the said board may prescribe, an account of which 
 shall be kept by said president and paid over monthly to the 
 treasurer of said school of mines, which shall become part of the 
 school of mines fund. (Act approved Feb. 17, 1893). 
 
 706. (Sec. 1588.) Debt Prohibited. The board of trustees 
 are hereby prohibited from creating any debt as against the 
 school of mines, buildings, machinery, or appliances, or in any 
 manner incumbering the same, or of incurring any expense be- 
 yond their ability to pay from the annual income of the school 
 of mines for the current year. (Act approved Feb. 17, 1893^. 
 
 709. (Sec. 1591). State School of Mines Building Commis- 
 sion. For the purpose of erecting, furnishing and equipping 
 buildings for the state school of mines at Butte City, Mont, there 
 is hereby created a board to be known as the state school of 
 mines commission. Said commission shall consist of five mem- 
 bers, each a qualified elector, and not more than three belonging 
 to any one political party, all of whom shall be forthwith ap- 
 pointed by the governor, by and with the advice and consent of 
 the senate, and shall hold office until said buildings have been 
 erected and equipped and accepted by the state as hereinafter pro- 
 vided, subject to removal by the governor, and each of whom 
 shall forthwith give bond with two sureties, to be approved by 
 the governor, in the sum of two thousand dollars, conditioned 
 for the faithful performance of their duties. Vacancies in said 
 board shall be forthwith from time to time filled by the gov- 
 ernor, and three of said board shall constitute a quorum, with 
 power to act, and the official place of business of said board at 
 Butte City, Mont. (Act approved March 7, 1895). 
 State Bank v. Barret, 25 Mont. 114; 63 Pac. 1030 
 
STATE OF MONTANA. 37 
 
 710. (Sec. 1592). Member of Commission not to be In- 
 terested in Contracts. No member of the board shall be in any 
 manner interested with any building contractor or shall submit 
 any bid for the erection or the furnishing 1 of said buildings, 
 neither shall he receive any commission, rebate, bonus, division 
 of proceeds, or any other pecuniary advantage whatever in 
 connection with said office, save the compensation hereinafter 
 provided. (Act approved March 7, 1895.) 
 
 711. - (Sec. 1593.) Compensation and Expenses of Members. 
 Each member of the board shall receive five dollars .per day 
 for each and every day the board is actually and necessarily 
 assembled in the performance of its official duties, together with 
 his actual traveling expenses paid in going to and from his home 
 to attend the session or sessions of the board. (Act approved 
 March 7, 1895). 
 
 712. (Sec. 1594.) Plans for Buildings. The state board of 
 commissioners for the school of mines so appointed, are hereby 
 authorized and directed to prepare plans and specifications for 
 the erection of buildings for the said state school of mines not 
 to exceed the amount of one hundred thousand dollars. (Act 
 approved March 7, 1895). 
 
 State Bank v. Barret, 25 Mont. 114; 63 Pac. 1030. 
 
 713. (Sec. 1595.) Bids and Contracts for Buildings. When- 
 ever the provisions of the preceding section have been fully 
 complied with, the board of commissioners for the state school 
 of mines shall advertise in not more than four nor less than two 
 daily newspapers printed in the state, two of which must be in 
 the county of Silver Bow, once each week for four consecutive 
 weeks, a notice that it will receive sealed proposals and bids to 
 construct such buildings on the site heretofore selected and in 
 accordance with the plans and specifications so adopted by the 
 commissioners for the state school of mines, reserving, however, 
 tin- right to reject any and all bids and advertise anew. 
 
 The board must let the contract for the construction and erec- 
 tion of such building or buildings to the lowest responsible bid- 
 der, and the contractor or contractors shall execute a good and 
 sufficient bond in double the amount of his or their bids to per- 
 form such contract for the construction and erection of such 
 building or buildings in conformity with the plans and specifi- 
 cations aforesaid, which bond shall run to the State of Montana 
 
38 GENERAL SCHOOL LAW 
 
 and be approved by the board of the school of mines commis- 
 sioners. (Act approved March 7, 1895). 
 
 State Bank v. Barret, 25 Mont. 115; 63 Pac. 1030. 
 
 714. (Sec. 1596.) Commissioners May Employ Architect. 
 The board of school of mines commissioners are hereby author- 
 ized to employ an architect and such assistants as it may deem 
 necessary in preparing the plans and specifications for said 
 building or buildings, and the expense thereof shall be paid out 
 of the funds as hereinafter provided for the erection of said 
 building or buildings. (Act approved March 7, 1895). 
 
 715. (Sec. 1597.) Auditing and Payment of Claims. All 
 claims for the erection of said building or buildings shall be 
 first approved by the school of mines commissioners and audited 
 and allowed by the state board of examiners, and paid in the 
 same mode and manner as claims against the state are paid; 
 Provided, howjever, that such claims shall be paid out of the 
 respective funds designated in this act, against which they may 
 be chargeable. (Act approved March 7, 1895). 
 
 State Bank v. Barret, 25 Mont. 115; 63 Pac. 1030. 
 
 716. (Sec. 1598.) Equipment of School. Upon completion 
 and acceptance of the buildings mentioned in this act, the board 
 of school of mines commissioners shall equip and furnish said 
 institution with supplies and apparatus as may be actually neces- 
 sary in carrying on such institutions ; Provided, however, that 
 the amount so expended shall not exceed the sum of fifteen 
 thousand dollars. (Act approved March 7, 1895). 
 
 717. (Sec. 1599.) Disposal of Buildings when Completed. 
 Immediately upon the furnishing of such institution the state 
 board of school of mines commissioners shall turn over to the 
 state board of education all such buildings to be used there- 
 after solely and exclusively for the purposes for which they 
 were created and established. (Act approved March 7, 1895). 
 
 718. (Sec. 1602.) Records of Commission. The board shall 
 keep a written record of all of its official actions, and on the 
 completion of its official functions said record shall be delivered 
 by the governor to the secretary of state, who shall thereafter 
 be the legal custodian thereof. (Act approved March 7, 1895). 
 
 719. School of Mines Building Fund; Bonds. The board of 
 school of mines commissioners and the state board of land com- 
 missioners of the State of Montana are hereby authorized to 
 issue and dispose of bonds for the purpose of erecting a building 
 
STATE OF MONTANA. 39 
 
 to be known as the "School of Mines Building" to be located 
 in the city of Butte, Montana, under the following conditions 
 and restrictions, to-wit : 
 
 First: The aggregate amount of bonds authorized by this 
 Act shall not exceed the sum of one hundred and twenty thous- 
 and dollars ($120,000). 
 
 Second : The denomination of each bond shall be one hundred 
 dollars, or any multiple thereof, but the maximum amount of 
 
 I any bond shall not exceed the sum of one thousand dollars. 
 Third : The term of said bonds shall not exceed thirty years 
 from their date, and they shall be payable at any time after 
 fifteen years from their date at the option of the issuers. 
 
 Fourth : The bonds may bear any rate of Interest not in ex- 
 cess of six per centum per annum, and the interest may be 
 I payable semi-annually. 
 Fifth : The principal and interest shall be payable at such 
 place and in such manner as is designated in the bond. 
 Sixth: The board of school of mines commissioners and the- 
 state board of land commissioners shall prescribe the form of 
 the bond, the bonds shall bear upon their face the words "School 
 of Mines Building Bond of the State of Montana" and they shall 
 be signed by the members of the board of school of mines com- 
 missioners and the state board of land commissioners and shall 
 be countersigned by the secretary and treasurer of the state and 
 the seal of the state, shall be affixed to each bond, and the bonds 
 shall be registered in the office of the stat,e treasurer. 
 
 Seventh : The coupons representing the interest on the bonds 
 shall be signed by the state treasurer, or an engraved or litho- 
 graph fac-simile of the signature of the treasurer may be affibced 
 thereto provided it is so authorized in the bond. (Act approved 
 
 H March 8th, 1897, Sec. i). (5th Sess. 124-5). 
 720. Disposition of Bonds. The bonds provided for in this 
 Act shall be disposed of by the board of school of mines commis- 
 sioners and the state board of land commissioners in such a 
 manner as they shall deem it for the best interests of the state, 
 Provided, that no bond shall be disposed of for less than its par 
 value. (Act approved March 8th, 1897, Sec 2.) (5th Sess 125). 
 721. Creation of Interest and Sinking Fund. To provide for 
 the payment of the interest and principal of the bonds author- 
 ized by this act, there is hereby created a special fund to be 
 known as "The School of Mines Building Interest and Sinking 
 
40 GENERAL SCHOOL LAW 
 
 Fund," into which shall be paid all sums of money realized 
 from sales of lands, licenses to cut trees, leasing of lands, profits 
 of any and all other sources by reason of the grants of lands by 
 Congress to the State of Montana for the establishment and 
 maintenance of a school of mines, as provided by sections 12 
 and 17 of an apt of the United States Congress entitled "An Act 
 to provide for the division of L>akota into two states, and to 
 enable the people of North Dakota, South Dakota, Montana, and 
 Washington to form constitutions and state governments, and 
 to be admitted into the Union on an equal footing with the 
 o'riginal states, and to make donations of public lands to such 
 states", approved February 22nd, 1889, and from said "School 
 of Mines Building Interest and Sinking Fund" there shall, as 
 the same become due and payable, be paid the interest on said 
 bonds; and it is further provided, that it is the duty of the 
 "State Board of Land Commissioners" whenever there are any 
 funds in the said "School of Mines Building Interest and Sinking 
 Fund" over and above the sum of twenty-five hundred dollars 
 in excess of the amount required to pay the yearly interest on 
 said bonds, to invest such excess funds in the manner set forth 
 and provided in section 4 of this act, and the amount so invested 
 shall constitute a permanent fund to pay the principal of the 
 said bonds ; but all interest or profit derived from the investment 
 shall be paid into the said "School of Mines Building Interest 
 and Sinking Fund" and the principal and interest of the said 
 bonds shall be a first lien upon said funds and all the lands 
 granted and belonging to the state for the purpose of establishing 
 and maintaining a school of mines. (Ajct approved March 8th, 
 1897, Sec i.) (5th Sess. 125-6). 
 
 722. Investment of Sinking Fund. The state board of land 
 commissioners are hereby authorized and directed to create a 
 permanent fund for the payment of the bonds authorized by this 
 Act, from the following revenues, to-wit: Whenever the rev- 
 enues in any year are sufficient to pay the interest on the said 
 bonds and there shall be in excess thereof the sum of twenty- 
 five hundred dollars, then any and all funds over and above the 
 said sum of twenty-five hundred dollars shall be invested for 
 the benefit of the "School of Mines Building Interest and Sink- 
 ing Fund" as follows, to-wit: 
 
 First: In the bonds authorized by this act, provided they can 
 be purchased at a cost not exceeding their par value and ac- 
 

 crued interest. 
 
 Second : In any legally issued bonds of any county, school 
 district, city or town of the State of Montana, provided they 
 can be purchased at a cost not exceeding their par value and 
 interest. 
 
 Third : In any legally issued general fund warrants of the 
 State of Montana, or any legally issued warrants of county, city, 
 or town of the State of Montana, provided they can be purchased 
 at a cost not exceeding their par value and accrued interest; and 
 thi said board of land commissioners are hereby granted dis- 
 cretionary power in the selection and purchase of the securities 
 hereinbefore described, as to the amount of each they shall pur- 
 chase and conditions of general credit affecting the same. (Act 
 approved March 8th, 1897, Sec. 4). (5th Sess. 126). 
 
 723. Reimbursement of General Fund. It is hereby pro- 
 vided and set forth, that in the event the State of Montana 
 shall at any time provide and pay the interest, or any part there- 
 of, on the bonds authorized by this act, from the general fund 
 of the state, or by any special appropriation made or tax levied 
 therefor, then for any and all interest so paid, the state shall 
 be reimbursed from the said "School of Mines Building Interest 
 and Sinking Fund" by the payment of the amount so paid or 
 due, whenever there is sufficient money in said ''School of Mines 
 Building Interest and Sinking Fund" to pay the same. (Act 
 approved March 8th, 1897, Sec. 5). (5th Sess. 126). 
 
 724. State Treasurer as Custodian of Fund. The state treas- 
 urer is hereby designated as the custodian of the funds provided 
 by this Act and he shall pay all warrants properly drawn by the 
 "Board of School of Mines Commissioners" save and excepting 
 as to the interest on the bonds, which he shall pay as the same 
 becomes due and charge the amount thereof to the "School of 
 Mines Building and Interest Sinking Fund" hereinbefore created. 
 (Act approved March 8th, 1897, Sec. 6). (5th Sess. 126-7). 
 
 725. Disposition of Proceeds of Bond Sale. All moneys re- 
 ceived from the sale of the bonds authorized by this act shall 
 be paid to the state treasurer, and shall constitute a special fund 
 for the erection of the "School of Mines Building", and shall be 
 disbursed by the state treasurer on warrants properly drawn by 
 the "Board of School of Mines Commissioners" and including 
 all warrants heretofore drawn by the "Board of School of Mines 
 Commissioners'' and registered prior to the passage of this act. 
 
 
42 GENERAL SCHOOL LAW 
 
 (Act approved March 8th, 1897, Sec. 7). (5th Sess. 127). 
 
 726. Call of Bonds for Payment. Whenever any of the bonds 
 authorized by this act shall become due and payable, and there 
 is sufficient funds to pay the same, they shall be called in and 
 paid in the order of their issuance, beginning with the lowest 
 number. (Act approved March 8th, 1898, Sec. 8). (5th Sess. 
 127). 
 
 727. Expenses of Issuance of Bonds. The cost and expenses 
 of issuing the bonds hereinbefore authorized may be paid out 
 of the proceeds thereof, or be chargeable to the expense of the 
 construction of the building. (Act approved March 8th, 1897, 
 Sec. 9). (5th Sess. 127). 
 
 728. Warrants for Interest. In the event there shall not at 
 any time be sufficient money in the "School of Mines Building 
 Interest and Sinking Fund" to pay the interest when due, the 
 state board of land commissioners and the board of school of 
 mines commissioners shall, by an order entered on their minutes 
 or record books, cause warrants to be issued on the said "School 
 of Mines Building Interest and Sinking Fund" for the amount 
 of interest due, and the warrants so issued shall be registered 
 in the office of the treasurer of the state, and shall bear interest 
 at the rate of six per centum per annum, and said warrants 
 shall be oaid bv the state treasurer whenever there is sufficient 
 money accumulated in. said fund to pay the same, and by reason 
 of the delivery of said warrants to the holders of said bonds 
 and the surrender of the interest coupons, there shall be no de- 
 fault in the payment of interest. (Act approved March 8th, 
 1897, Sec. 10.) (5th Sess. 127). 
 
 729. State Liable only to Extent of Lien on Lands. Nothing 
 in this Act shall be so construed as to in any wise hold the state 
 of Montana liable for the payment of the bonds herein author- 
 ized, except as to the lien heretofore created against the lands 
 and funds granted for the purpose of establishing and main- 
 taining the school of mines and which lien shall not be abridged, 
 annulled or set aside until the bonds authorized by this Act shall 
 have been fully paid, together with the interest thereon and the 
 governor is hereby specially authorized and empowered to use 
 all lawful means to enforce the provisions of this Act. (Act ap- 
 proved March 8th, 1897, Sec. TT.) (5th Sess. 127-8) 
 
STATE OF MONTANA. 
 
 43 
 
 CHAPTER IV. 
 
 Agricultural College of Montana. 
 
 Section 730. Agricultural college established. 
 
 Section 731. Control and management. 
 
 Section 732. Establishment and location. 
 
 Section 733. Selection of site. 
 
 Section 734. Control of college. 
 
 Section 738. Agricultural experiment station. 
 
 Section 739. Management of station. 
 
 Section 740. Acceptance of grant. 
 
 Section 741. Designation of station as beneficiary. 
 
 Section 742. Montana agricultural college bonds. 
 
 Section 743. Date of issuance and sale of bonds. 
 
 Section 744. Security for payment of bonds. 
 
 Section 745. Agricultural college bond fund. 
 
 Section 746. Advertisement of sale of bonds. 
 
 Section 747. Disposition of proceeds of bonds. 
 
 Section 748. Erection and furnishing of buildings. 
 
 Section 749. State not liable on bonds. 
 
 Section 750. Refunding bonds. 
 
 Section 751. Sale of bonds. 
 
 Section 752. 'Security for payment of bonds. 
 
 Section 753. Duties of state treasurer. 
 
 Section 754. Sale of bonds. Notice. 
 
 Section 755. Disposition of proceeds. 
 
 Section 756. Establishment of experimental sub-station in horticul- 
 ture. 
 
 Section 757. Billings experimental station. 
 
 Section 758. Same. Work of sub-station. 
 
 Section 759. Lands for sub-station. 
 
 Section 760. Governor and secretary of state to select site. 
 
 Section 761. Use of Bozeman funds prohibited. 
 
 Section 762. State board of land commissioners may sell lands. 
 
 Section 763. Experimental sub-station located in Fergus county. 
 
 Section 764. Authority of governor to accept site. 
 
 Section 765. Acceptance of donations of money and material. 
 
 Section 766. State entomologist of Montana. 
 
 Section 767. Duties of state entomologist. 
 
 Section 768. Annual report. 
 
 Section 769. Expenses. 
 
 730. (Sec. 1620). Agricultural College Established. The 
 agricultural college of Montana is established and located at 
 Bozeman, and has for its object instruction and education in 
 the Knglish lan^ua^v. literature and mathematics, civil and 
 mechanical engineering, agricultural chemistry, animal and 
 vegetable anatomy and physiology, the veterinary art, entomol- 
 ogy, geology and such other natural sciences as may be pre- 
 
44 GENERAL SCHOOL LAW 
 
 scribed by the state board of education, political, rural, and 
 household economy, agricultural, horticulture, moral philosophy, 
 history, bookkeeping and especially the application of science 
 and the mechanical arts to practical agricultural purposes. Such 
 agricultural college may be connected with the state university, 
 under such regulation as the state board of education may 
 prescribe. 
 
 731. (Sec. 1621.) Control and management. The control 
 and supervision of such college is vested in the state board of 
 education, which may prescribe all rules therefor. 
 
 732. (Sec. 1622.) Establishment and Location. The agri- 
 cultural college of the State of Montana is established and 
 located at the city of Bozeman, or within three miles of the 
 corporate limits of said city, upon such tract, or tracts of land, 
 conforming in the aggregate not less than eighty acres, and as 
 much more as shall be selected by the state board of education, 
 as hereinafter provided; and said college has for its leading 
 objects and purposes, without excluding other scientific classical 
 studies, and including military tactics, to teach such branches 
 of learning as are related to agriculture and the mechanic arts, 
 in such manner as the state board of education, and any subordi- 
 nate boards by such state board appointed, may prescribe. (Act 
 approved Feb. 16, 1893). 
 
 733. (Sec. 1623.) Selection of Site. It shall be the duty of 
 the state board of education, within ninety days from the date 
 of the passage of this act, if then organized but if not organized 
 then within ninety days from the organization of the said board, 
 to select the site for the definite and permanent location of said 
 agricultural college of Montana and agricultural experimental 
 station, which site shall be at the city of Bozeman, or within 
 three miles of the corporate limits of said city of Bozeman ; and 
 said state board of education shall at once take steps or pro- 
 ceedings for procuring the title to the tract or tracts of land so 
 selected by them, and they may, and are hereby empowered to 
 enter into contracts in the name of the State of Montana, for the 
 purchase of said tract or tracts of land so selected, and may 
 execute such obligations for the payment of the same as will 
 mature when the probable income from the fund of said agri- 
 cultural college and agricultural experimental station, or either 
 of them, will pay for the same. The said state board of educa- 
 tion are here'by authorized and empowered to accept in the name 
 
STATE OF MONTANA. 45 
 
 c ' the state of Montana, such gifts of land and money as may 
 I 2 tendered to aid in the purchase of said site, and whenever 
 s ich gifts are sufficient in amount to secure or pay for said site 
 t icy shall appropriate the same to that purpose, and take the 
 I roper and necessary conveyances of said tract or tracts of land 
 i i the name of the state. All lands and money acquired, as pro- 
 \ ided in this section, shall be taken and held for the sole use 
 i nd benefit of said agricultural college and said agricultural ex- 
 ] erimental station. (Act approved Feb. 16, 1893). 
 
 734. (Sec. 1634.) Control of College. The general control 
 ; nd supervision of such college is vested in the state board of edu- 
 
 < ation, which board may prescribe all rules therefor. (Act ap- 
 proved Feb. 16, 1893). 
 
 738. (Sec. 1628.) Agricultural Experimental Station. There 
 
 5 also located and established on the land so to 'be selected by 
 
 he state board of education, in connection with said agricultural 
 
 < ollege, and under its direction an agricultural experimental sta- 
 ion, to aid in acquiring and diffusing among the people of the 
 
 ;.tate of Montana useful and practical information on subjects 
 :onnected with agriculture, and to promote scientific investiga- 
 .ion and experiments respecting the principles and application 
 )f agricultural science, which experimental station is established 
 inder and by virtue of the authority contained in the act of 
 rongress entitled "An act to establish experimental stations in 
 :onnection with the colleges established in the several states, 
 under the provisions of an act approved July 2d, 1862, and the 
 said acts supplementary thereto" approved March 2d, 1887, and 
 the provisions, donations, and benefits contained in said act of 
 congress, and in all other acts of congress relating to agricultural 
 experimental stations and agricultural colleges, now in force, 
 and all acts supplementary thereto, or amendatory thereof, are 
 by the State of Montana hereby accepted and adopted. (Act 
 approved Feb. 16, 1893). 
 
 State v. Barret, 26 Mont. 64; 66 Pac. 505. 
 
 739- (Sec. 1629.) Management of Station. Said agricultural 
 experimental station is hereby placed under the supervision and 
 control of the state board of education, and the executive or 
 subordinate board or authority who may be by the governor, by 
 and with the consent and advice of said state board of education, 
 appointed. (Act approved Feb. 16, 1893). 
 
 740. Acceptance of grant. That the State of Montana here- 
 
 
46 GENERAL SCHOOL LAW 
 
 by assents to the provisions of an Act of Congress, entitled : 
 "An Act to provide for an increased annual appropriation for 
 agricultural experiment stations and regulating the expenditure 
 therof" approved March 16, 1906, and hereby consents to receive 
 the benefits thereof in the manner and form and for the purposes 
 in said Act intended and provided. (Act approved March 2, 
 1907, Sec. i.) (loth Sess. Chap. 64). 
 
 741. Designation of Station as Beneficiary. That until other- 
 wise provided by law the agricultural experiment station, now 
 established at Bozeman, Gallatin County, State of Montana, 
 shall be the beneficiary of the funds in said Act mentioned, and 
 shall use and disburse said funds only for the purposes and in 
 the mar ner provided in said Aict. The treasurer of the execu- 
 tive board of the Agricultural College and Agricultural Experi- 
 ment Station, at said city of Bozeman, is hereby authorized to 
 receive, and shall be the custodian of said funds, and he shall 
 account for said funds, and make reports to the secretary of 
 agriculture, as required by said Act of Congress. (Act approved 
 March 2, 1907, Sec. 2.) (loth Sess. Chap. 64.) 
 
 742. (Sec. 1630.) Montana Agricultural College Bonds. 
 The state board of land commissioners of the State of Montana, 
 is hereby authorized to issue bonds to the amount of one hundred 
 thousand dollars ; the minimum denomination of such bonds shall 
 be two hundred and fifty dollars, and the maximum denomination 
 one thousand dollars each, said <bonds to be known as the Mon- 
 tana agricultural college bonds, to bear date July i, A. D. 1895, 
 to become due twenty-five years after date, and payable after 
 ten years after date thereof; said bonds shall bear interest at 
 the rate of not more than six per cent, per annum, payable semi- 
 annually on the first day of January and July of each year at 
 the office of the state treasurer of the State of Montana. Said 
 bonds shall run from the state board of land commissioners of 
 the State of Montana to bearer, and shall be signed by the 
 state board of land commisisoners and countersigned by the 
 secretary of state, who shall attach his seal thereto. (Act ap- 
 proved March 6th, 1895.) 
 
 State v. Wright, 17 Mont. 78; 42 Pac. 103. 
 State v. Rice, 33 Mont. 390; 83 Pac. 787. 
 
 743. (Sec. 1631.) Date of Issuance and Sale of Bonds. The 
 bonds provided for in the first section of this Act, Sec. 742 (1630), 
 shall be issued and sold as soon as possible after the passage of 
 
STATE OF MONTANA. 47 
 
 1 lis Act. (Act approved March 6th, 1895). 
 
 744. ( Sec. 1632.) Security for Payment of Bonds. All funds 
 ealized from the sale or leasing of the lands (being fifty 
 
 Ihousnml acres) granted by the United States to the state of 
 lontana for the establishment and maintenance of an agricul- 
 ural college, under and by virtue of the provisions of Sec. 17 
 >f the Aict of congress, approved February 22, 1889, entitled 
 An Act to provide for the division of Dakota into two states, 
 .nd to enable the people of North Dakota, Sount Dakota, Mon- 
 ana and \Yashington to form constitutions and state govern- 
 nents, and to be admitted into the union on an equal footing 
 vith the original states, and to make donations of public lands 
 :o such states," are hereby pledged as security for the payment 
 )f the principal and interest of the bonds authorized by this Act, 
 and all moneys or revenue derived from the said lands, or any 
 Df them, whether on account of sale, lease, sales of timber or 
 Dtherwise, are hereby set apart and shall constitute a fund for 
 the payment, as hereinafter provided, of the principal and 
 interest of the said bonds, which bonds shall be a first lien on 
 said agricultural college bond fund. (Act approved March 6th, 
 ' 
 
 745. (Sec. 1633.) Agricultural College Bond Fund. It shall 
 be the duty of the state treasurer to keep all moneys derived 
 from the agricultural college lands hereinbefore mentioned, in 
 a separate fund, to be known and designated as the agricultural 
 
 llege bond fund, and out of the money in such fund he shall 
 pay. after approval by the state board of examiners, (a) the cost 
 nd expense of issuing of the bonds herein provided for; (b) 
 
 e interest on the bonds herein authorized, when due, and (c) 
 when such bonds shall become payable, he shall call in and pay 
 
 em as rapidly as the money in such fund will permit, after 
 
 oviding for the interest. That in the event there shall not be 
 sufficient funds in the agricultural college bond fund to pay the 
 interest when due, the board of state examiners shall, by an order 
 entered upon their minutes, cause warrants to be issued on the 
 
 ricultural college bond fund for the amount of the interest due ; 
 nd the warrants so issued shall draw interest at the rate of six 
 er cent, per annum ; and said warrants shall be paid by the 
 
 asurer as soon as sufficient funds accumulate in said fund 
 pay the same; and by reason of the delivery of said warrants 
 to the holders of said bonds, in satisfaction of accrued interest, 
 
 a. ! 
 
 - 
 
 pa 
 
 :;; 
 
 
 
 : 
 
 su 
 inl 
 en 
 
 i 
 r 
 
 to 
 
48 GENERAL SCHOOL LAW 
 
 there shall -be no default in the payment of interest. (Act ap- 
 proved March 6, 1895). 
 
 746. (Sec. 1634.) Advertisement of Sale of Bonds. It shall 
 be the duty of the state treasurer, to give notice, by advertising 
 in the city of Helena, Montana, by advertising for not less than 
 two weeks, daily in one newjspapers published in the city of 
 New York, N. Y., that he will on the second day of April, 1895, 
 sell one hundred thousand dollars of the bonds herein author- 
 ized, and will receive bids therefor, and said bonds shall on 
 said day be by him sold to the highest bidder. If no bids are 
 then received, said bonds may then be sold afterwards at private 
 sale ; Provided, however, that none of said bonds shall at any 
 time be sold at less than par. (Act approved March 6, 1895.) 
 
 State v. Wright, 17 Mont. 78; 42 Pac. 103. 
 
 747. (Sec. 1635). Disposition of Proceeds of bonds. The 
 money derived from the sale of said bonds shall be used to erect, 
 furnish, and equip buildings for the use and benefit of the agri- 
 cultural college of the State of Montana, at the city of Bozeman, 
 in said state. (Act approved March 6, 1895). 
 
 State v. Wright, 17 Mont. 78; 42 Pac. 103. 
 
 748. (Sec. 1636.) Erection and Furnishing of Building. Im- 
 mediately upon the receipt of the money, the proceeds of the 
 sale of said bonds, the state treasurer shall turn over the same 
 to the treasurer of the agricultural college, and it shall be dis- 
 bursed by him on orders of the executive board of the said 
 agricultural college, in the erection and furnishing of a suitable 
 building or buildings for the use and benefit of the agricultural 
 college upon plans and specifications first submitted to and ap- 
 proved by the state board of education ; Provided, however that 
 the general supervision of the construction and erection of such 
 building or buildings and the furnishing and equipping thereof 
 shall be under the control of the state board of education. (Act 
 approved March 6, 1895). 
 
 State v. Wright, 17 Mont. 77; 42 Pac. 103. The proper custodian 
 of the proceeds of the bonds issued under Section 1630, supra, 
 is the treasurer of the state agricultural college, who may, 
 by mandamus, compel the 'state treasurer to pay over such 
 proceeds. 
 
 749. (Sec. 1637.) State not Liable on Bonds. Nothing in 
 this Act shall be so construed as to in any wise hold the State of 
 Montana liable for the payment of the bonds herein authorized, 
 or interest thereon. (Act approved March 6, 1895). 
 
 State v. Rice, 33 Mont. 390; 83 Pac. 878. 
 
STATE OF MONTANA. 
 
 750. Refunding Bonds. The state board oi land commis- 
 sioners of the State of Montana is hereby authorized to issue 
 bonds to the amount of eighty thousand dollars ($80,000.00), for 
 the purpose of taking up and redeeming the issue of one hundred 
 thousand dollars agricultural college bonds heretofore issued 
 under Sections 742 (1630) to 749 (1637), inclusive, of the Politi- 
 cal Code of Montana, now outstanding, and redeemable July I, 
 1905. The minimum denomination of such bonds shall be two 
 hundred and fifty dollars, ($250.00), and the maximum shall be 
 one thousand dollars ($1,000.00) each. Said bonds shall be 
 known as the Montana agricultural college refunding bonds, to 
 bear date July i, 1905, to become due and payable twenty (20) 
 years after date, and to be redeemable (10) years after date 
 thereof. Said bonds shall bear interest at a rate not to exceed 
 nve (5) P er cent P er annum, and as much lower as the state 
 
 I board of land commissioners may decide, payable semi-annually 
 on the first day of January and July of each year, and both prin- 
 cipal and interest shall be payable at the office of the state treas- 
 urer of Montana. Said Bonds shall run from the state board of 
 land commissioners of 'the State of Montana to bearer, and shall 
 be signed by the state board of land commissioners, and counter- 
 signed by the secretary of State of Montana, who shall attach 
 his seal thereto ; Provided, however, that nothing in this Act 
 shall be so construed as to hold the State of Montana liable for 
 the payment of said bonds or the interest thereon. (Act ap- 
 proved March i, 1905). (9th Sess. Chap. 54). 
 
 751. Sale of Bonds. The bonds provided for in the first sec- 
 tion of this Act shall be issued and sold at public or private 
 sale as hereinafter provided, as soon as possible after the passage 
 and approval of this Act. (Act approved March i, 1905, Sec. 
 
 ii). (9th Sess. Chap. 54). 
 752. Security for Payment of Bonds. All funds arising from 
 the sale, or leasing of the lands, interest on deferred payments, 
 and licenses to cut trees thereon, (being fifty thousand acres) 
 granted by the United States to the State of Montana, for the 
 establishment and maintenance of an agricultural college, under 
 and by virtue of the provisions of Section 17, of the Act of Con- 
 gress, approved February 22, 1899, entitled "An Act to provide 
 for the division of Dakota into two states, and to enable the 
 people of North Dakota, South Dakota, Montana and Washing- 
 ton to form constitutions and state governments, and to be ad- 
 
50 GENERAL SCHOOL LAW 
 
 mitted into the Union on an equal footing with the original 
 states, and to make donations of public lands to such states," 
 are hereby pledged as security for the payment of the principal 
 and interest of the bonds authorized by this Act, and all moneys 
 or revenues derived from said lands, or any of them, whether 
 onaccount of sales, leases, sales of timber, interest or otherwise, 
 are hereby set apart and shall constitute a fund for the payment 
 as hereinafter provided, of the principal and interest of the said 
 bonds, which refunding bonds shall be a first lien on said agricul- 
 tural college bond fund, after payment therefrom of said out- 
 standing bonds as herein provided. (Act approved March r, 
 1905, Sec. 3.) (gth Sess. Chap. 54.) 
 
 753. Duties of State Treasurer. It shall be the duty of the 
 state treasurer to keep all moneys derived from the agricultural 
 college lands hereinbefore mentioned together with the proceeds 
 of the sale of the bonds herein authorized to be issued, in a sep- 
 arate fund, to be known and designated as the agricultural col- 
 lege bond fund, and out of the money in such fund he shall pay, 
 after approval by the state board of land commissioners. 
 
 a. The principal and accrued interest on the said outstanding 
 issue of one hundred thousand dollars agricultural college bonds, 
 for the purpose of taking up and redeeming said bonds as here- 
 inafter provided. 
 
 b. The cost and expense of the issuing and sale of the bonds- 
 herein provided for. 
 
 c. The interest on the bonds herein authorized. 
 
 d. When such refunding bonds become redeemable he shall 
 call in and pay them as rapidly as the money in such fund will 
 permit, after providing for the interest. In the event that there 
 shall not be sufficient in the agricultural college bond fund to 
 pay the interest when due, the state board of land commissioners 
 shall by an order entered on their minutes, cause warrants to be 
 issued on the agricultural college bond fund for the amount of 
 the interest due, and the warrants so issued shall bear interest 
 at the rate of five (5) per cent per annum; said warrants shall 
 be paid by the treasurer as soon as sufficient money accumulates 
 in said fund applicable thereto to pay the same, and by reason 
 of the delivery of said warrants to the holders of said bonds in 
 satisfaction of accrued interest, there shall be no default in pay- 
 ment of the interest. (Act approved March I, 1905, Sec. 4).. 
 (9th Sess. Chap. 54). 
 
STATI-: OF MONTANA. 
 
 51 
 
 754. Sale of Bonds, Notice. It shall be the duty of the state 
 treasurer to give notice by advertising for not less than two 
 weeks, daily, in one newspaper published in the city of Helena, 
 and one newspaper published in the city of New York, that he 
 will, on the tenth day of April, 1905, sell the eighty thousand dol- 
 lars of refunding bonds, hereby authorized and will receive bids 
 therefor, and said bonds shall on said day be sold to the highest 
 bidder, or to the person offering to take the same at the lowest 
 rate of interest, as may be directed by the state board of land 
 commissioners. If no bids are then received, or if none are ac- 
 cepted, said bonds may be sold afterwards at private sale ; Pro- 
 vided, that the said board of land commissioners shall have the 
 right to open, receive and examine all bids for said bonds, and 
 in its discretion accept or reject the same, and provided, further, 
 that none of said bonds shall at any time be sold for less than 
 par. i Act approved March I, 1905, Sec. 5.) (9th Sess. Chap. 
 
 54). 
 
 755. Disposition of Proceeds. The moneys derived trom the 
 sale of said refunding bonds shall be placed in the agricultural 
 college bond fund, out of which shall be paid the principal and 
 interest necessary to take up and redeem the issue of one hun- 
 dred thousand dollars ($100,000.00) of Montana agricultural 
 college bonds authorized by Section 742 (1630), to 749 (1637), 
 Political code of Montana, now outstanding, redeemable July I, 
 1905. It shall be the duty of the state treasurer to give notice 
 to the owners, so far as known, of the said Montana agricultural 
 college bonds authorized by Section 742 (1630), to 749 (1637), 
 inclusive, !V;litical Code, that he will, on the first day of July, 
 1905, pay the principal and accrued interest on the said bonds, 
 and that interest will cease from and after the said date ; and 
 said treasurer shall on said date pay, take up, redeem, and, under 
 
 the direction of the state board of land commissioners shall can- 
 cel said bonds. If by reason of delay in selling the said bonds 
 authorized by this Act. the money shall not be available on the 
 first day of July, 1905, the state treasurer shall call for, take up, 
 redeem and cancel the said Montana agricultural college bonds 
 at the earliest date practicable after such money shall be avail- 
 able . i Act approved March I, 1905, Sec. 6). (9th Sess. Chap. 
 
 54). 
 
 756. Establishment of Experimental Substation in Horticul- 
 ture. The executive board of the Montana Agricultural Ccl- 
 
 
52 GENERAL SCHOOL LAW 
 
 lege is hereby authorized and directed to establish a sub-station 
 for the purpose of carrying on experimental work in horticulture, 
 said station to be located at such point in the State of Montana 
 as said board may select; Provided, however, that the citizens 
 or county wherein said sub-station is located shall donate to the 
 state and give in fee simple not less than fifteen acres of suitable 
 land including a perpetual water right for the same. (Act ap- 
 proved March 7, 1907). (loth Sess. Chap. 146). 
 
 757. Billings Experimental Station. There is hereby estab- 
 lished to be located within three miles of the corporate limits 
 of the city of Billings, Montana, on such land as the governor 
 and secretary of state may select, a sub-station of the agricultural 
 experimental station provided for in Section 7 of an act of the 
 legislature entitled "An Act providing for the location and 
 establishment of the Agricultural College of the State of Mon- 
 tana, and an Agricultural Experimental Station in connection 
 therewith, enumerating its objects and purposes, dedicating lands 
 for the use of the same, providing for the government and con- 
 trol thereof, and accepting and adopting the provisions, donations 
 and benefits contained in the Acts of Congress relating thereto." 
 approved February i6th, 1893. That said sub-station shall be 
 under the general direction of the experimental station of the 
 agricultural college of the State of Montana, and its immediate 
 direction shall be in charge of three persons to be appointed by 
 the governor by and with the consent of the senate, two of whom 
 shall reside within ten miles of the sub-station, said persons so 
 appointed shall constitute a board to be known as "Directors 
 of the Billings Sub-Experimental Station." Said board of 
 directors shall be at all times subject to the direction and control 
 of the said experimental station of the agricultural college, and 
 they shall serve without compensation. (Act approved March 
 7, 1903, Sec. i.) (8th Sess. Chap. 118.) 
 
 758. Same Work of Sub-Station. At said sub-station ex- 
 perimental work shall be conducted with a view to acquiring 
 and diffusing useful and practical information on subjects con- 
 nected with agriculture and to promote scientific investigation 
 and experiments respecting the principal and application of 
 agricultural science, under climatic and other conditions existing 
 in the vicinity of the city of Billings. (Act approved March 7, 
 1903, Sec. 2.) (8th Sess. Chap. 118). 
 
 759. Lands for Sub-Station. That for the purpose of securing 
 
STA^TE OF MONTANA. 53 
 
 itle to the land selected by them for said sub-station, the 
 governor and secretary of state are hereby authorized and em- 
 >owered to either use the land heretofore acquired by the state 
 or the eastern state prison, near Billings and described as: 
 
 Each and all of the lots contained in each and all of the follow- 
 ng named and numbered blocks, to-wit Blocks numbered two 
 mndred and ninety-five (295), two hundred and ninety-seven 
 '297), two hundred and ninety-eight (298), two hundred and 
 linety-nine (299), three hundred and ten (310), three hundred 
 md nineteen (319), three hundred and twenty-seven (327), 
 :hree hundred and thirty-one (331), three hundred and thirty- 
 :wo (332), and three hundred and twenty six (326); the lots 
 in each of said blocks being platted and numbered consecutively 
 from one (i) to twenty-four (24) both inclusive, and the total 
 number of lots in all of said blocks being two hundred and forty 
 (240): Also lots numbered seven (7), eight (8), nine (9), ten 
 (10), eleven (11), twelve (12), thirteen (13), fourteen (14), 
 fifteen (15), sixteen (16), seventeen (17), and eighteen (18), in 
 block numbered two hundred and ninety-four (294) ; Also lots 
 numbered one (i), two (2), three (3), four (4), five (5), six (6), 
 
 ven (7), eight (8), nine (9), ten (10), eleven (n), twelve (12), 
 in block numbered three hundred and nine (309) ; Ailso lots 
 numbered thirteen (13), fourteen (14), fifteen (15), sixteen (16), 
 seventeen (17), eighteen (18), nineteen (19), twenty (20), twenty 
 one (21), twenty-two (22), twenty-three (23), twenty-four (24), 
 in block numbered three hundred and thirty-three (333), also 
 lots numbered one (i), two (2), three (3), four (4), seventeen 
 (17), eighteen (18), nineteen (19), twenty (20), twenty-one 
 (21), twenty-two (22), twenty-three (23), and twenty-four (24), 
 and fractional lots numbered five (5), -fifteen (15), and sixteen 
 1 6), in block numbered three hundred and twenty eight (328) ; 
 Also lots numbered twenty-one (21), twenty-two (22), twenty- 
 three (23), and twenty-four (24), in block numbered three hun- 
 anrl twenty (320) ; also all of the unplatted lots or fractions of 
 lots in any and all of said blocks numbered three hundred and 
 twenty-eight (328), and three hundred and twenty (320) : all and 
 ular the said lots and parts of lots, and all and singular the 
 >aid blocks and parts of blocks 1>ein^ in the first addition to 
 the town of Hillings, in the county of Yellowstone and State of 
 
 ontana, according to the plat of the said first addition to the 
 
 id town of Billings, now on file and of record in the office of 
 
 ; 
 
54 GENERAL SCHOOL LAW 
 
 the clerk and recorder of the said county of Yellowstone : also all 
 and singular the several tracts, pieces or parcels of land contained 
 in the following bounded and described parts of streets and 
 avenues, and in the following- described alleys, situate in the 
 aforesaid town of Billings, and in the aforesaid first addition 
 thereto, to-wit : All that portion of Ninth (9th) avenue north 
 lying and being included between the extreme easterly line of 
 North Fifteenth (i5th) street; all that portion of Tenth (loth) 
 avenue north lying and being i ncluded between the 
 extreme easterly line of North Nineteenth (iQth) street 
 and the extreme westerly line of North Fifteenth (i5th) 
 street; all that portion of Eleventh (nth) avenue nortlh 
 lying and being included between the extreme westerly 
 line of North Eighteenth street and the extreme west- 
 erly line of North Fifteenth street; all that portion of Twelfth 
 Avenue North lying and being east of the extreme westerly line 
 of North Eighteenth (i8th) street; all that portion of Thirteenth 
 (i3th) Avenue North lying and being east of the extreme west- 
 erly line of North Eighteenth street; all that portion of North 
 Eighteenth street lying and being north of the extreme southerly 
 line of Ninth (9th) Avenue North; all that portion of North 
 Seventeenth (17) street lying and being North of the extreme 
 northerly line of Eighth (8th), Avenue North, and all that portion 
 of North Sixteenth (i6th) street lying and being north of the 
 extreme northerly line of Eighth (8th) Avenue North; also 
 each and all of the alleys contained in each and all of the follow- 
 ing named and numbered blocks, to-wit: Blocks numbered 
 three hundred and nineteen (319), three hundred and twenty 
 (320), three hundred twenty-six (326), three hundred twenty- 
 seven (327), three hundred nine (309), three hundred ten (310), 
 three hundred thirty-two (332), three hundred and thirty-one 
 (331), three hundred thirty-three (333), two hundred ninety- 
 eight (298), two hundred ninety-seven (297), two hundred 
 ninety-nine (299), two hundred ninety-four (294), and two hun- 
 dred and ninety-five (295),; each and all of the aforesaid blocks 
 and the alleys therein being in the first addition to the aforesaid 
 town of Billings, in the said county of Yellowstone and State 
 of Montana, or if such land, in their judgment is not suitable for 
 the purpose of such sub-experimental station, then they shall 
 and are hereby empowered to convey such land described as 
 aforesaid in exchange for such suitable tract of land for the 
 
STATI-: OF MONTANA. 
 
 55 
 
 sub-experimental station as they may deem of at least equal 
 /alue. Act approved March 7, 1903). (8th Sess. Chap. 118). 
 
 760. Governor and Secretary of State to Select Site. The 
 governor and secretary of state shall make selection of the land 
 provided for within sixty days after the approval of this act, 
 and within ninety days thereafter the State of Montana shall 
 make provision for maintenance of said sub-experimental sta- 
 tion. (A;ct approved March 7, 1903, Sec. 4). (8th Sess. Chap 
 118). 
 
 761. Use of Bozeman Funds Prohibited. It -shall be unlawful 
 under any circumstances to use any funds appropriated for the 
 experiment station at Bozeman for the support or maintenance 
 of said sub-station. (Act approved March 7, 1903, Sec. 5). (8th 
 Sess. Chap 118). 
 
 762. State Board of Land Commissioners May Sell Lands. 
 The state board of land commissioners is hereby empowered to 
 sell and dispose of all lands acquired under and by virtue of the 
 the provisions of Chapter 118, Session Laws of 1903. (Section 
 759), upon the same terms and conditions as provided by law 
 for the sale and disposition of all other state lands. (Act ap- 
 proved March 9, 1907). (loth Sess. Chap. 188). 
 
 763. Experimental Sub-Station Located in Fergus County. 
 That there is hereby established, to be located in Fergus county, 
 Montana, on such land as may be donated to the State of Mon- 
 tana and accepted by the governor and secretary of state as 
 suitable for the purpose, a sub-station of the agricultural ex- 
 perimental station provided for in Section 7 of an Act of the 
 legislative assembly of the state of Montana, entitled "An Act 
 providing for the location and establishment of the agricultural 
 college of the State of Montana, and an agricultural experimental 
 station in connection therewith, enumerating its objects and pur- 
 poses, dedicating lands for the use of the same, providing for the 
 government and control thereof, and accepting and adopting the 
 provisions, donations and benefits contained in the Acts of Con- 
 gress relating thereto," approved February 16, 1893. (Section 
 738.) Said sub-station shall 1>e under the direction of the experi- 
 mental station of the agricultural college of the State of Montana. 
 (Act approved .March, 1907, Sec. i). (loth Sess. Chap. 189). 
 
 764. Authority of Governor to Accept Site. The governor 
 and secretary of state are hereby authorized to accept on be- 
 half of the state, donation or donations of land for such purposes, 
 
 
56 GENERAL SCHOOL LAW 
 
 provided such land be conveyed to the state in fee simple, and 
 be free of all encumberances and the title to the same be good. 
 (Act approved March, 1907, Sec. 2). (loth Sess. Chap. 189). 
 
 765. Acceptance of Donations of Money and Material. The 
 said college is authorized to receive donations of money, imple- 
 ments, building materials, animals and supplies for the use of 
 said sub-station. (Alct approved March, 1907, Sec 4). (roth 
 Sess. Chap. 189). 
 
 766. State Entomoligst of Montana. The entomologist of 
 the Montana Agricultural College and Experimental Station 
 shall be known as the state entomologist of Montana. (Act 
 approved March 5, 1907, Sec. i). (loth Sess. Chap 103). 
 
 767. Duties of State Entomologist. It shall be the duty of 
 the state entomologist to conduct field investigations of the 
 injurious insects of fruits, vegetables, grains, grasses, forage 
 crops, including clover and alfalfa, root crops, shade trees, orna- 
 mental plants, and any other insects that may become injurious. 
 When it becomes known to the state entomologist that an out- 
 break of an insect has occurred in any part of the state, it shall 
 be his duty, so far as is possible without conflicting with his 
 other duties, to go to the scene of the outbreak or send a suitably 
 qualified assistant. The state entomologist or said assistant 
 shall determine the extent and seriousness of the outbreak, and, 
 when necessary publish or make public demonstration of the 
 best remedies to be employed. (Act approved March 5, 1907, 
 Sec. 2). (loth Sess. Chap. 103). 
 
 768. Annual Report. The entomologist shall make an annual 
 report to the governor of the state, on or before the first day of 
 January, which report shall be published by the experiment sta- 
 tion as one of its regular bulletins, and shall contain a report 
 of his work and expenditures under this Act. (Act approved 
 March 5, 1907, Sec. 3). (loth Sess. Chap. 103). 
 
 769. Expenses. The state entomologist shall receive no com- 
 pensation for his services other than what he may receive from 
 the Montana Agricultural College and Experiment Station, but 
 the actual traveling expenses of himself or assistant, together 
 with such office or laboratory expenses as result from the work 
 contemplated under this Act, not to exceed five hundred dollars 
 ($500.00), per annum, shall be paid, and such sum is hereby 
 annually appropriated for the purposes of this Act out of any 
 moneys in the state treasury, not otherwise appropriated. Upon 
 
STATE OF MONTANA. 
 
 :he certification of the Secretary of the executive board of the 
 Montana Agricultural College and director of the Agricultural 
 Experiment Station, the state auditor is authorized to issue war- 
 -ants to cover the traveling expenses of the state entomologist 
 while engaged in carrying out the provisions of this Ajct. (Act 
 approved March 5, 1907, Sec. 4). (loth Sess. Chap. 103). 
 
 SENATE BILL 75. 
 
 Agricultural Experimental Station. 
 
 Description of land to be purchased. 
 
 Board of land commissioners may pay for same from proceeds of 
 ,ale of lands of the agricultural college land grant. 
 
 Prices to be paid for the separate tracts purchased. 
 
 Title to vest in state and in case of sale the proceeds to be returned 
 o the permanent fund of the agricultural college. 
 
 An Act to authorize and direct the Montana state board of 
 land commissioners to purchase certain lands for the benefit 
 and use of the Agricultural Experiment Station connected with 
 and a department of the Montana Agricultural College at Boze- 
 man, Montana. 
 
 Be it enacted by the Legislative Assembly of the State of 
 Montana : 
 
 Section I. That the Montana state board of land commission- 
 ers are hereby authorized and directed to purchase for the benefit 
 and use of the Agricultural Experiment Station connected with 
 and a department of the Agricultural College at Bozeman, 
 Montana, the following lands situated in Gallatin County, 
 Montana, to-wit: The northwest quarter of section fourteen 
 (14), in township two (2), south of range five (5), east, and 
 blocks numbered eight (8), and nine (9), in Capitol Hill Addi- 
 tion to the city of Bozeman, Montana. 
 
 Section 2. That the said Montana state board of land com- 
 missioners are empowered and directed to use for the payment of 
 the purchase price of the lands described in Section I of this 
 Act, the sum of eighteen thousand and eight hundred dollars 
 ($18,800) or so much thereof as may be necessary out of the 
 proceeds from the sale of lands granted to the State of Montana 
 for the use and support of an agricultural college in accordance 
 with Section five (5), of the Afct of Congress entitled "An Act 
 donating public lands to the several states and territories which 
 
 u 
 
 o 
 
58 GENERAL SCHOOL LAW 
 
 may provide colleges for the benefits of agriculture and mechanic 
 arts", approved July 2, 1862, and by Section Sixteen (16) of an 
 Act of Congress approved February 22, 1889, entitled, "An Act 
 to provide for the division of Dakota into two states and to 
 enable the people of North Dakota, South Dakota, Montana and 
 Washington to form constitutions and to be admitted into the 
 the Union on an equal footing with the original states and to 
 make donations of lands to such states;" that of the sum of 
 eighteen thousand eight hundred dollars ($18,800) mentioned in 
 this section, the sum of sixteen thousand dollars ($i6',ooo) is 
 to be used for the purchase of the northwest quarter of Section 
 Fourteen (14), in Township Two (2), south of Range Five (5), 
 -east, situate in Gallatin county, Montana, and the sum of two 
 thousand eight hundred dollars ($2,800) is to be used for the 
 purchase of blocks numbered eight (8) and nine (9), in Capitol 
 Hill Addition to the city of Bozeman, Montana. 
 
 Section 3. That the title to said lands when purchased shall 
 vest in the State of Montana and whenever said lands are sold 
 or otherwise disposed of the proceeds therefrom shall be returned 
 to the permanent fund of the Montana Agricultural College. 
 
 Section 4. This Act shall take effect and be in full force 
 after its passage and approval. 
 
 Approved March 2, 1909. 
 
 CHAPTER \ . 
 
 State Normal School. 
 
 Section 770. State normal school established. 
 
 Section 771. Control and management. 
 
 Section 772 Establishment of school; name. 
 
 Section 773. Object of school. 
 
 Section 774. Control and supervision. 
 
 Section 775. Acceptance of public lands. 
 
 Section 777. Limitation of act. 
 
 Section 778. State normal school bonds. 
 
 Section 779. Date of issuance of bonds. 
 
 Section 780. State normal school bond fund. 
 
 Section 781. Interest warrants. 
 
 Section 782. Advertisement of the sale of bonds. 
 
 Section 783. Disposition of proceeds of bonds. 
 
 Section 784. Building of school. 
 
 Section 785. State not liable on bonds. 
 
 Section 786. Investment of state, normal school bond funds. 
 
 Section 787. Same. 
 
STATE OP^ .MONTANA. 59 
 
 Section 788. Redemption of bonds. 
 Section 789. Duty of auditor. 
 Section 790. Securities, how paid for. 
 
 770. (Sec. 1650). State Normal School Established. A state 
 normal school is established and located at Dillon, and has for 
 its object instruction and education, the art of teaching in all of 
 its branches that pertain to a good public school education in 
 the mechanical arts and in husbandry, and the fundamental 
 laws of the United States and of the state. Such normal school 
 may be connected with the state university, under such regu- 
 lations as the state board of education may prescribe. 
 
 771. (Sec. 1651.) Control and Management. The control 
 and supervision of such school is vested in the state board of 
 education which may prescribe all necessary rules therefor. 
 
 772. Establishment of School, Name. That there be and is 
 hereby established within two miles of the corporate limits of 
 the city of Dillon, Beaverhead county, Montana, a state normal 
 school, which shall be called the "Montana State Normal Col- 
 lege". (Act approved February 25th, 1903, Sec. i). (8th Sess. 
 Chap. 29). 
 
 773. (Sec. 1653.) Object of School. The object of said 
 normal school shall be the instruction and training of teachers 
 for the public schools of the state. (Act approved February 
 23, 1893). 
 
 774. (Sec. 1654.) Control and Supervision. The control and 
 supervision of such school is vested in the state board of edu- 
 cation, which must elect a president, all teachers and employes, 
 and prescribe all necessary rules therefor. (Act approved Feb. 
 
 23. 1893)- 
 
 775. (Sec. 1655). Acceptance of Public Lands. The state 
 board of education, herein mentioned, and their successors, shall 
 receive, in the name of the state normal school hereby estab- 
 lished, all the benefits, of whatsoever nature, that may be derived 
 from the distribution and selection of lands contemplated in Sec. 
 17. of an act of congress, approved February 22d, 1889, entitled 
 "An Act to provide for the division of Dakota into two states, 
 and to enable the people of North Dakota, South Dakota, Mon- 
 taan, and Washington, to form constitutions and state govern- 
 ments, and to be admitted into the Union on an equal footing 
 witli the original states and to make donations' of public lands to 
 such states." (Act approved February 23, 1893). 
 
 
60 GENERAL SCHOOL LAW 
 
 777. Limitation of Act. Nothing herein contained shall in any 
 wise effect or change the purpose or object of said school or the 
 land grant made for the support thereof. (Act approved Feb. 
 25th, 1893, Sec. 3.) (8th Sess. Chap. 29). 
 
 778. (Sec. 1637.) State Normal School Bonds. The state 
 board of land commissioners of the State of Montana is hereby 
 authorized to issue bonds to the amount of fifty thousand dollars ; 
 the minimum denomination of such bonds shall be two hundred 
 and fifty dollars, and the maximum denomination one thousand 
 dollars each ; said bonds to be known as the state normal school 
 bonds, to bear date of July i, A. D. 1895, to become due twenty- 
 five years after date, and payable after ten years after date 
 thereof. Said bonds shall bear interest at the rate of not more 
 than six per cent, per annum, payable semi-annually on the first 
 day of January, and the first day of July, at the offitee of the state 
 treasurer of the State of Montana. Said bonds shall run from 
 the state board of land commissioners of the State of Montana 
 to bearer and shall be signed by the state board of land com- 
 missioners, and countersigned by the secretary of state, who shall 
 attach his seal thereto. (Act approved March 15, 1895). 
 
 779. (Sec. 1658.) Date of Issuance of Bonds. The bonds 
 provided for in the first section of this act (778), shall be issued 
 and sold as soon as possible after the passage of this act. (Act 
 approved March 15, 1895). 
 
 780. (Sec. 1659.) State Normal School Fund. All funds re- 
 alized from the sale or leasing of the lands (being one hundred 
 thousand acres) granted by the United States to the State of 
 Montana for the establishment and maintenance of a state normal 
 school under and by virtue of the provisions of Sec. 17 of the 
 act of congress, approved February 22, 1889, entitled "An Act 
 to provide for the division of Dakota into two states and to 
 enable the people of North Dakota, South Dakota, Montana and 
 Washington to form constitutions and state governments and to 
 be admitted into the union on an equal footing with the original 
 states, and to make donations of public lands to such states, " 
 are hereby pledged as security for the payment of the principal 
 and interest of the bonds authorized by this act, and all moneys 
 or revenues derived from the said lands or any of them, whether 
 on account of sales, leases, sales of timber or otherwise, are 
 hereby set apart and shall constitute a fund for the payment as 
 hereinafter provided of the principal and interest of the said 
 
STATE OF MONTANA. 61 
 
 bonds, which shall be a first lien on said state normal school 
 bond fund. (Act approved March 15, 1895). 
 
 781. (Sec. 1660). Interest Warrants. It shall be the duty 
 of the state treasurer to keep all moneys derived from the state 
 normal school lands hereinbefore mentioned in a separate fund, 
 to be known and designated as the state normal sdhool bond fund, 
 and out of the moneys in such fund he shall pay, after approval 
 by the state board of examiners, (a) the cost and expense of 
 issuing of the bonds herein provided for, (b) the interest on 
 the bonds herein authorized, when due and (c) when such bonds 
 shall become payable, he shall call in and pay them as rapidly as 
 the money in such fund will permit, after providing for the 
 interest, and in the event there shall not be sufficient funds in 
 the state normal school bond fund to pay the interest when due 
 the board of stat j examiners shall, by an order entered upon their 
 minutes, cause warrants to be issued on the state normal school 
 bond fund for the amount of the interest due, and the warrants 
 so issued shall draw interest at the rate of six per cent, per 
 annum ; and said warrants shall be paid by the treasurer as soon 
 as sufficient funds accumulate in said fund to pay the same ; 
 and by reason of delivery of said warrants to the holders of 
 said bonds in satisfaction of accrued interest, there shall be no 
 default in the payment of interest. (Act approved March 15, 
 
 1895)- 
 
 782. (Sec. 1661.) Advertisement of Sale of Bonds. It shall 
 be the duty of the state treasurer to give notice by advertising 
 for not less than two insertions in one newspaper published in 
 the city of Helena, Montana, and in one newspaper published in 
 the city of New York, N. Y., that he will on the second day of 
 April, 1895, sell fifty thousand dollars of the bonds herein author- 
 ized, and will receive bids therefor, and said bonds shall on said 
 day be by him sold to the highest bidder. If no satisfactory 
 bids are then received, said bonds may then be re-advertised or 
 may be sold afterwards at private sale; Provided, however, that 
 none of said bonds shall at any time be sold at less than par. 
 (Act approved March 15, 1895). 
 
 783. (Sec. 1662.) Disposition of Proceeds of Bonds. The 
 money derived from the sale of said bonds shall be used to erect 
 furnish and equip buildings for the use and benefit of the state 
 normal school of the state of Montana, at the city of Dillon, in 
 said state. (Act approved March 15, 1895.) 
 
62 GENERAL SCHOOL LAW 
 
 784. (Sec. 1663.) Buildings of School. Immediately upon 
 receipt of the money, the proceeds of the sale of said bonds, 
 the state treasurer shall turn over the same to the treasurer of 
 the state normal school, and it shall be disbursed by him, on 
 orders of the executive board of the said state normal school, in 
 the erection and furnishing- of a suitable building or buildings for 
 the use and benefit of the state normal school, upon plans and 
 specifications first submitted to and approved by the state board 
 of education ; Provided, however, that the general supervision 
 of the construction and erection of such building or buildings 
 and the furnishing and equipping thereof shall be under the 
 control of the state board of education, upon plans and estimates 
 first submitted to and approved by the state board of education. 
 (Act approved March 15, 1895). 
 
 785. (Sec. 1664.) State not Liable on Bonds. Nothing in 
 this act shall be so construed as to in any way hold the state of 
 Montana liable for the payment of the bonds herein authorized, 
 or the interest thereon. (Act approved March 15, 1895). 
 
 Section 786. The state board of land commissioners is hereby 
 authorized and required to invest and keep invested all moneys 
 belonging to the permanent normal school fund, in any state, 
 county, city or school district securities of this state, and in 
 any state capitol building bonds now issued or which may be 
 hereafter issued, and in first mortgages on farm land in this state, 
 as provided in Section 2196 as herein amended, which in its 
 judgment is safe investment. The- board may make its bids for 
 any of state securities in the same manner as private persons, 
 and under no restrictions other than those imposed upon private 
 persons seeking investments herein. (Act approved March 4, 
 1909.) 
 
 787. Same. That the state board of land commissioners of 
 the State of Montana may, and they are hereby directed and 
 authorized to invest any and all sums of money now in the state 
 normal school bond fund not necessary for the payment of in- 
 terest .on bonds outstanding against said fund, in such securities, 
 at such rate of interest, for such time, and under such conditions 
 as such board may deem advisable. (Act approved March 5, 
 1903, Sec. i). (8th Sess. Chap. 91). 
 
 788. Redemption of Bonds. That said board be, and it is 
 hereby authorized and directed to use and apply any and all 
 moneys in said bond fund as may be deemed advisable and not 
 
OF MO: 
 
 necessary for the payment of interest on bonds outstanding 
 against said fund, to the purchase and redemption of all or any 
 of such bonds heretofore issued and now outstanding against 
 said fund, which can be purchased at a fair and satisfactory 
 price, and before the period when said bond shall become due 
 and payable by operation of law, and to pay for said bond such 
 premium, or sums, in addition to the par value of same as such 
 board may, in their discretion deem for the best interests of said 
 fund. Provided, that said board shall at no time pay, or cause 
 to be paid for said outstanding bonds or any thereof, a sum 
 larger than the par value thereof and the interest yet to accrue 
 thereon in addition to the said par value. (Act approved March 
 5th, 1903, Sec. 2). (8th Sess. Chap. 91). 
 
 789. Duty of Auditor. The state auditor is hereby authorized 
 and directed to draw his warrants on the said bond fund for the 
 payment of any and all of said bonds so purchased by reason 
 thereof. (Act approved March 5th, 1903, Sec. 3). (8th Sess. 
 Chap. 91). 
 
 790. Securities, How Paid For. Whenever the board has pur- 
 chased any securities as provided in Section I of this Act (Sec. 
 786.) and the same are duly executed and delivered to the Presi- 
 dent of the board, the board shall direct the state auditor to draw 
 his warrant upon the state treasurer for the amount thereof,, 
 specifying the fund upon which and the person in whose favor 
 the said warrant shall be drawn, whereupon the state auditor 
 shall draw a warrant upon the state treasurer accordingly, which 
 warant shall be delivered to the president of the state board of 
 land commissioners and shall be paid by the state treasurer upon 
 the delivery to him of the purchase securities ; provided that the 
 state treasurer shall purchase interest bearing warrants issued 
 against any fund whenever ordered so to do by the state board 
 of land commissioners. (Act approved March 3d, 1903, Sec 2). 
 (8th Sess. Chap. 47). 
 
 SENATE BILL 73. 
 Investment of permanent funds of state normal school. 
 State board of land commissioners may make bids. 
 Permanent school and permanent university fund, how invested. 
 Mortgages on farm lands. 
 Board of land commissioners may appoint appraisers of lands. 
 
64 GENERAL SCHOOL LAW 
 
 Term for which mortgage shall run. 
 Interest. 
 
 Payment of principal and interest of mortgages in installments. 
 Kind of landis upon which mortgage loans may be made and to 
 w,hat persons. 
 
 When mortgages may be (satisfied. 
 
 Abstracts. 
 
 Attorney general shall examine abstracts. 
 
 Costs of appraisement. 
 
 An Act to amend Sections 786 and 2196 and 2197 of the 
 Revised Codes of the State of Montana of 1907, concerning the 
 investment of the funds of the state normal school, permanent 
 university funds, permanent agricultural college funds and per- 
 manent school funds. 
 
 Be it enacted by the Legislative Assembly of the State of 
 Montana. 
 
 Section I. That Section 786 of the Revised Codes of the State 
 of Montana of 1907, be, and the same is hereby amended so as 
 to read as follows : 
 
 Section 786. The state board of land commissioners is hereby 
 authorized and required to invest and keep invested all moneys 
 belonging to the permanent normal school fund, in any state, 
 county, city or school district securities of this state, and in any 
 state capitol building bonds now issued or which may be here- 
 after issued, and in first mortgages on farm land in this state, 
 as provided in section 2196 as herein amended, which in its 
 judgment is safe investment. The board may make its bids for 
 any of state securities in the same manner as private persons, 
 and under no restrictions other than those imposed upon private 
 persons seeking investments herein. 
 
 Section II. That Section 2196 of the Revised Codes of the 
 state of Montana of 1907 be, and the same is hereby amended 
 so as to read as follows. 
 
 Section 2196. All moneys belonging to the permanent school 
 and permanent university funds must be invested : 
 
 First. In bonds of the State of Montana or of the United 
 States. 
 
 Second. In interest bearing warrants upon the general fund 
 of the state. 
 
 Third. In such bonds of the several counties and cities of 
 the state as the board deems most safe and secure. 
 
 Fourth. In bonds of school districts within the State of Mon- 
 
STATE OF MONTANA. 
 
 65 
 
 provided, that before any such moneys are so invested, 
 * he board must be satisfied that the bonds, so as to be negotiated 
 ;.re the only bonds issued by the school district, and that the 
 outstanding indebtedness of such district does not exceed, three 
 >er cent upon valuation of the property within it. 
 
 Fifth. In any state capitol building bonds of the State of 
 vlontana, now issued, or which may be hereafter issued. 
 
 Sixth. In first mortgages on farm lands in the state, not ex- 
 reeding in amount one-third (*/j) of the actual value of any sub- 
 iivision on which the same may be loaned, such value to be de- 
 :ermined by the state board of land commissioners, who may 
 ippoint appraisers for said purpose, as in cases of appraisements 
 }f state lands. The first mortgages on farm lands, and each of 
 them shall run for a period of not exceeding ten (10) years, and 
 the funds so invested shall draw interest at the rate of six per- 
 cent (6% ) per annum; said interest together with ten per centum 
 of the whole amount of the principal shall be paid in annual 
 installments, and the interest when paid shall be converted into 
 
 and become a part of the funds of such institution. 
 Such first mortgage loans shall only be made upon cultivated 
 lands within the state to which shall be appurtenant a sufficient 
 water right, the title to which has been adjudicated as in the 
 owner of said lands, and to persons who are actual residents 
 thereof, and in no case on lands of which the appraised value is 
 
 I less than ten ($10.00) dollars an acre. Any and all of said mort- 
 gages which run for a greater period than five (5) years may be 
 satisfied at any time after five years from the date thereof, upon 
 the payment of the full amount due. The applicant for the loan 
 upon any farm land, shall furnish a complete and satisfactory 
 abstract, at his own expense, of the title of both the land and the 
 appurtenant water right and before any loan is made the attorney 
 general of Montana shall examine said title, and if he shall find 
 title resting in said applicant, he shall certify the same to the 
 state board of land commissioners. The cost of appraising such 
 loan shall be estimated by the board and the amount of said 
 estimate paid by the applicant to the state board in advance of 
 and before any appraisement of such land shall be made. 
 Section III. That Section 2197 of the Revised Code* of the 
 tate of Montana of 1907 be, and the same is amended so as to 
 ad as follows: 
 Section 2197: That the state board of land commissioners is 
 
66 GENERAL SCHOOL LAW 
 
 hereby authorized and required to invest and keep invested all 
 moneys belonging to the permanent school fund, and permanent 
 agricultural college fund in any state, county, city or school 
 district securities in this state, or in any state capitol building 
 bonds now issued or which may be hereafter issued and in such 
 first mortgages on farm lands in the state, PS provided in, and in 
 the manner set forth in sub-section 6, of section 2196 herein, 
 which in the judgment of the board are safe investments. 
 
 The board may make its bids for any of said securities in the 
 same manner as private persons and under no restrictions other 
 than those imposed upon private persons seeking investment 
 herein. 
 
 Section IV. This Act shall take effect and be in full force from 
 and after its passage and approval. 
 
 Approved March 4, 1909. 
 
 CHAjPTER VI. 
 
 State Text Book Commission. 
 
 Section 791. Appointment of state text book commission. 
 
 Section 792. Organization of commission. 
 
 Section 793. Meeting of commission. 
 
 Section 794. Contracts for supplying text books. 
 
 Section 795. Selection of text books. 
 
 Section 796. Contracts- and agreements. 
 
 Section 797. Bond for performance of contracts. 
 
 Section 798. Forfeiture of contract for non-performance. 
 
 Section 799. Price list of books to be printed and distributed. 
 
 Section 800. Penalty for using other than selected books. 
 
 Section 801. Annual report as to the use of books. 
 
 Section 802. Election upon proposition to suuply free text books. 
 
 Section 803. Special levy to provide free text books. 
 
 'Section 804. Compensation of text book commissioners. 
 791. Appointment of State Text Book Commision. The 
 governor is hereby authorized to nominate and appoint a state 
 text bok commission consisting of seven members, five of whom 
 shall be persons actively engaged in the common public school 
 work of the state at the time of their appointment. The terms 
 of three members of said commission first appointed shall be 
 for a period of three years each, and the terms of four members 
 of said commission first appointed shall be for a period of five 
 years each ; and thereafter at the expiration of the respective 
 terms of the members first appointed their successors shall be 
 
STATIC OF .MONTANA. 
 
 67 
 
 ppointed by the governor for a term of five years. If a vacancy 
 ccurs during the terms of any of the members of said commis- 
 ion by reason of death, resignation or otherwise, the governor 
 hall make appointment to fill such vacancy and the person so 
 ippointed shall hold office until the expiration of the term for 
 vhich the person he succeeds was appointed. (Act approved 
 Vlarch 7, 1907, Sec. i). (loth Sess. Chap. 132). 
 
 792. Organization of Commission. The commission at its 
 neeting shall organize by taking the constitutional oath of 
 
 )ffice, which oath shall be filed in the office of the secretary of 
 
 
 
 itate, electing from among the members a president and secretary 
 
 md formulating rules for its. government. Five members shall 
 :onstitute a quorum for the transaction of all business. All 
 votes cast for or against the adoption of any text book shall be 
 recorded in the minutes of the commission, together with the 
 names of those voting for or against such adoption ; Provided, 
 that all meetings shall be opened to the public and that said 
 commission must make a full report to the governor not later 
 than the first Monday in November next preceding any regular 
 or special meeting of the Legislature. (Act approved March 7, 
 1907, Sec. 2). (loth Sess. Chap. 132). 
 
 793. Meetings of Commission. The state text book commis- 
 sion shall meet in the state capitol in the city of Helena, on the 
 third Monday in June, 1907, and every five years thereafter and 
 the president of said commission is authorized to call a meeting 
 thereof on the first Monday of October next preceding the ses- 
 sions of the legislature, if in his opinion, there shall be business 
 of importance to transact. He must also on ten days' notice 
 to the members to be given by the secretary, call a meeting of 
 the commission at any time to receive proposals and to enter 
 into contracts with publishers for supplying text-books whenever 
 new contracts shall become necessary by reason of the con- 
 tracts for certain books heretofore entered into becoming termi- 
 nated by recission or otherwise ceasing to be in full force and 
 effect, and to adopt additional supplementary books whenever 
 it is deemed for the best interests of the schools of the state. 
 At the meeting held on the third Monday in June, 1907, and 
 every five years thereafter the commission shall adopt a uniform 
 series of text books for use in all the public schools of the state 
 not including high schools. Said commission may adjourn from 
 
 rom day to day until it shall have made such adoption, pro- 
 
 from day 
 
68 GENERAL SCHOOL LAW 
 
 vided the session shall not continue beyond six actual days, and 
 nothing herein contained shall be so construed as to have any 
 reference to Section 1030 (2000) of the Political Code relating to 
 school libraries, but said section shall remain in full force and 
 effect. (Act approved March 7, 1907, Sec 3). (loth Sess. Chap. 
 
 794. Contracts for Supplying Text Books. Beginning with 
 April ist, 1907, and every five years thereafter in which a full 
 series of text-books is to be adopted in conformity with this 
 Act, the superintendent of public instruction shall advertise for 
 thirty days in two daily newspapers in this state giving notice 
 that the text-book commission will meet, as herein provided, and 
 that they will receive sealed proposals up to twelve o'clock 
 noon, of said third Monday in June, for supplying the State of 
 Montana with a series of basal text-books for use in all the 
 public schools of said state, for a period of five years from and 
 after the first day of September A. D. 1907, and every fifth year 
 thereafter, in the following branches to-wit : Reading, spelling, 
 writing, arithmetic, geography (elementary and advanced), 
 language and grammar, physiology and hygiene, civil govern- 
 ment (state and national), history of the United States (ele- 
 mentary and advanced). 
 
 Said commission are hereby empowered to adopt such othei 
 text-book supplementary to the basal text-books above referred 
 to as they may deem advisable. Said sealed proposals shall 
 be addressed to the chairman of the state text-book commission, 
 Helena, Montana, and shall be indorsed "Sealed proposals for 
 supplying text-books for use in the State of Montana." Said 
 proposals shall state the net wholesale price at which the pub- 
 lishers whose books may be adopted by the text-book commis- 
 sion, will agree to deliver the same in the city of Chicago,. 
 Illinois, F. O. B., to merchants in Montana, or to school dis- 
 tricts purchasing the same. They shall also state the exchange 
 prices for new books adopted in exchange for the old books in 
 the hands of the pupils, and for the new books in the 
 hands of districts or dealers, which may be displaced, grade 
 for grade and shall further state the retail price at which they 
 will keep all the text-books so adopted on sale uniformly in 
 at least one place in each county throughout the state. When- 
 ever any contract shall be terminated by recession, or shall other- 
 wise cease to be in force and effect, the text-book commission 
 
:: 
 
 STATE OF MONTANA. 69 
 
 h hall, within ten days after the termination of such contract 
 
 c dvertise in the same manner and for the same length of time 
 
 c s elsewhere mentioned in this section for proposals to furnish 
 
 t ixt-books on the same subjects as those embraced within such 
 
 . ontract for the same length of time and bids shall be received 
 
 i i the same manner as hereinbefore provided. The publishers, 
 
 ontracting and agreeing to supply text-books for use in the 
 
 >tate of Montana under provisions of this Act, shall cause to be 
 
 repared a special map and special supplement descriptive of 
 
 Montana for the geography adopted by said commission. They 
 
 hall also cause to be prepared a special supplement for Montana 
 
 or the civil government adopted, which supplement shall contain 
 
 lot less than thirty pages. They shall further agree to main- 
 
 ain the mechanical excellence of the books adopted by said 
 
 :ommission, fully equal to the samples submitted in binding, 
 
 )rinting, quality of paper, and other essential features, and the 
 
 )ooks shall be of the latest revised edition. The map and 
 
 special descriptive geography of Montana shall be revised every 
 
 ive years by the publishers. (Act approved March 7, 1907, 
 
 Sec. 4). (loth Sess. Chap. 132). 
 
 795. Selection of Text-Books. It shall be the duty of said 
 text-book commission to meet at the time and place mentioned 
 in said notice and open sealed proposals in the presence of a 
 quorum of said commission and in public to select and adopt 
 such text-books, both basal and supplementary, for use in all 
 the public schools of this state. The series of text-books, so 
 selected and adopted by .said text-book commission shall be cer- 
 tified by the chairman and secretary and said certificate with a 
 py of all the books named therein shall be placed on file in 
 e office of the superintendent of public instruction. Such 
 certificate must contain a complete list of all books adopted by 
 said commission, giving the wholesale, retail and exchange prices 
 for which each kind and grade will be furnished, as provided 
 in the preceding section, and the name of the publishers con- 
 tracting to furnish the same. The said books named in said 
 certificate shall for a period of five years from and after the 
 first day of September of the year in which they are adopted 
 be used in all public schools of the state to the exclusion of all 
 others. And in the case of any text-book whose publication 
 shall not have been completed before the meeting of the state 
 t-book commission, it shall be permissible for the publishers 
 
 text-book 
 
70 GENERAL SCHOOL LAW 
 
 in making a bid to file with the commission a copy of the manu- 
 script of such text-book, together with such exhibits as will 
 satisfactorily illustrate the quality of paper, typography and 
 binding to be used in the publication of such text book, and it 
 shall be permissible for the commission to adopt such text-book 
 in their discretion, the same as in the case of any text-book 
 previously published. Provided, that nothing in any part of 
 this act shall be so construed as to prevent the purchase or use 
 by any person or district of any supplementary or reference books 
 for use in any of the schools of the state. (Act approved March 
 7th, 1907, Sec. 5). (loth Sess. Chap. 132). 
 
 796. Contracts and Agreements. The said text-book commis- 
 sion shall have power to make such contracts and agreements 
 for the use and supply of text-books in the name of the state 
 as they shall deem necessary for the best interest of the public 
 schools of the state, and shall require of all publishers con- 
 tracting and agreeing to furnish books adopted by the said text- 
 book commission bonds equal in amount to one-half the value 
 of the books to be furnished, conditioned that upon the failure 
 on the part of such publishers to comply with the terms of such 
 contracts or any part thereof, in any county of the state, upon 
 notice being given as provided for herein, said bonds, may, be 
 by the governor of the State of Montana, be declared forfeited, 
 and actions brought in the name of the state upon such bonds 
 to recover the full amount named therein which amount shall 
 be deemed to be fixed and liquidated damages for the breach of 
 such contracts; Provided, that the text-book commission may, 
 at their discretion, reject any and all proposals if it be deemed 
 by them to be to the interest of the state so to do, and they 
 shall advertise for new proposals, stating the time when such new 
 proposals will be received by them, not later, however, than 
 thirty days from the rejection of the first proposals: Provided, 
 further, that, the contract price of such books shall not exceed 
 the lowest wholesale price charged for the same books in 
 Chicago, F. O. B., to any state in the Uhited States). (Act 
 approved March 7, 1907, Sec. 6). (loth Sess. Chap. 132). 
 
 797. Bond for Performance of Contracts. The contract with 
 the publishers shall take effect only when the publishers of the 
 books adopted by the said text-book commission shall have filed 
 with the secretary of state their bond, with at least two sufficient 
 sureties, to be approved by the governor in such sum as shall 
 
STATE OF MONTANA. 71 
 
 >e determined, by said text-book commission, conditioned, that 
 hey shall comply with the terms of their proposal to the state 
 ind such further conditions as may be agreed upon between 
 >aid text-book commission and the publishers contracting with 
 :he state. (Act approved March 7. 1907, Sec. 7). (loth Sess. 
 3hap. 132.) 
 
 798. Forfeiture of Contract for Non-Performance. In case 
 the publishers of the books adopted by the said text-book com- 
 mission shall not on or before the I5th day of July, A. D. of 
 the year in which the series of text-books is to be adopted have 
 filed with the secretary of state their bond as hereinbefore pro- 
 
 vided, or in case they shall not on or before the I5th day of July, 
 A. D. of said year have performed all the obligations of their 
 contracts with respect to the exchange and introduction of books 
 and the preparation and supply of the special maps, and the 
 special descriptive matter for the geography so adopted, or the 
 special supplement for the civil government, or in case they 
 shall at any time thereafter violate or fail to perform any of the 
 conditions specified in their bond as hereinbefore provided and 
 shall fail within reasonable time after due notice has been given 
 by the governor to make good their guarantee in any respect 
 in which they may have failed, then this adoption shall become 
 null and void. The said text-books adopted by the said text- 
 book commission under this Act and upon compliance of the 
 publishers of the conditions aforesaid shall continue in use for 
 the period of five years from the first day of September of the 
 year above mentioned to the exclusion ot ah others except as 
 herein otherwise provided. (Act approved March 7, 1907, Sec. 
 t 8). (loth Sess. Chap. 132). 
 
 799. Price List of Books to be Printed and Distributed. 
 Whenever the publishers of the books adopted under the pro- 
 visions of this bill shall have filed their bonds as hereinbefore 
 provided, it shall be the duty of the state superintendent of 
 public instruction to cause all prices of the text-books as guar- 
 anteed by the publishers to be properly printed and distributed 
 through the county superintendents to the trustees of all school 
 districts in the state who shall cause the same to be kept con- 
 stantly posted in a conspicuous place in each school room in 
 their district and it shall be the duty of the several county super- 
 intendents to keep themselves informed as to whether such prices 
 
 re actually maintained by the said publishers, and at once notify 
 
 are actua 
 
72 GENERAL SCHOOL LAW 
 
 the superintendent of public instruction of any violation of the 
 contracts entered into by virtue of the authority contained in. 
 this Act, which may come to their knowledge and it shall be 
 the duty of the superintendent of public instruction to promptly 
 communicate such information to the governor. (Act approved 
 March 7, 1907, Sec. 9) (loth Sess. Chap. 132). 
 
 800. Penalty for Using Other Than Selected Books. Any 
 school officer, teacher or trustee, who shall use or provide for 
 the use in the public schools of the state, text-books other than 
 those adopted by the said text-book commission, except as here- 
 in otherwise provided, shall be deemed guilty of a misdemeanor, 
 and shall be punished by a fine of not less than twenty-five dol- 
 lars nor more than one hundred dollars. (Act approved March 
 7, 1907, Sec. 10). (loth Sess. Chap. 132). 
 
 801. Annual Report as to the Use of Books. All county 
 superintendents and all school officers are charged with execu- 
 tion of this law and the county school superintendent shall 
 rcqture cne trustees 01 the several school districts or the clerks 
 thereof, to report annually whether or not the authorized text- 
 books are used in their schools. (Act approved March 7, 1907, , 
 Sec n). (loth Sess. Chap. 132). 
 
 802. Election Upon Proposition to Supply Free Text Books. 
 Upon the petition of five legal voters of any school district other 
 than in incorporated cities, and upon petition of one hundred 
 legal voters in incorporated cities, towns, and villages, filed with 
 the board of trustees or board of education, it shall be the duty 
 of the board of trustees or board of education as the case may be 
 to notify the voters of such school district that an election "for" 
 or "against" free text-books will be held at the next ensuing . 
 election for the members of the. board of trustees or board of 
 education, and the ballots to such effect shall be received and 
 canvassed at such election and if a majority of all the votes cast 
 in the district shall be found to be in favor of free text-books 
 it shall be the duty of the board of trustees or board of edu- 
 cation as the case may be, to purchase at the expense of such 
 district all the text-books required for use of all the pupils 
 attending school in such school district, and said text-books 
 shall be loaned to the pupils of said public schools, free of charge, 
 subject to such rules and regulations as to care and custody, as 
 the board of trustees or board of education shal prescribe ; Pro- 
 vided, that the pupils may purchase at cost any of the text-books 
 
STATE OF MONTANA. 73 
 
 >o furnished, when desired by them. Provided, that the question 
 D free text-books shall be submitted to a vote in every school 
 district in the state at the regular election held on the first 
 Saturday of April, 1907, or any year thereafter without petition 
 as hereinbefore provided for, and the notice of such election 
 must, in addition to the other matters required by law, contain 
 a statement of the fact that the question of free text-books will 
 be voted upon at such election. (Act approved March 7, 1907, 
 Sec. 12). (loth Sess. Chap. 132). 
 
 803. Special Levy to Provide Free Text Books. That for the 
 purpose of raising money to pay for school books, which may 
 be furnished to pupils free by any district adopting free text- 
 books a special levy upon the taxable property of such district, 
 shall be made by the county commissioners of the county on 
 estimates furnished by the school trustees of the district, if the 
 money received from the general fund from the district be in- 
 sufficient and said levy shall be made within thirty days from 
 and after the adoption of said free text-books in any district 
 that has by majority vote adopted the same, and when made 
 the tax levied shall be collected in the same manner as other 
 taxes are collected ; Provided, further, that any district that shall 
 furnish free text-books shall have the right, through its board 
 of trustees, to adopt supplementary books within the meaning of 
 this Act and provided that this adoption has been authorized 
 by a two-thirds vote of the trustees of said district. (Act ap- 
 proved March 7, 1907, Sec. 13). 
 
 804. Compensation of Text-Book Commissioners. The mem- 
 bers of said text-book commission provided for by this Act, shall 
 receive the sum of $6.00 per diem for each day necessarily en- 
 gaged in transacting business and while in session, and actual 
 traveling expenses ; and there is hereby appropriated the sum of 
 one thousand dollars per year, or so much thereof as may be 
 necessary to carry out the provisions of this Act ; Provided, 
 that said commission shall not be in session more than ten days 
 in any one year. (Act approved March 7, 1907, Sec. 14). (loth 
 Sess. Chap. 132). 
 
74 
 
 GENERAL SCHOOL LAW 
 
 Article 
 
 I. 
 
 Article 
 
 II. 
 
 Article 
 
 III. 
 
 Article 
 
 IV. 
 
 Article 
 
 V. 
 
 Article 
 
 VI. 
 
 Article 
 
 VII. 
 
 Article 
 
 VIII. 
 
 Article 
 
 IX. 
 
 Article 
 
 X. 
 
 Article 
 
 XL 
 
 Article 
 
 XII. 
 
 Article XIII. 
 Article XIV. 
 Article XV. 
 Article XVI. 
 Article XVII. 
 Article XVIII. 
 Article XIX. 
 Article XX. 
 Article XXI. 
 Article XXII. 
 Article XXIII. 
 Article XXIV. 
 
 CHAPTER VII. 
 Superintendent of Public Instruction. 
 County Superintendent of Schools. 
 School Districts. 
 Election of School Trustees. 
 Board of Trustees. 
 District Clerks. 
 Teachers. 
 Schools. 
 Pupils. 
 
 Free County High Schools. 
 Duties of County Trearurer. 
 Duties of County Clerk, Clerk of District Court and 
 
 the Justices: of the Peace. 
 Teachers' Institutes. 
 Examinations and Certificates. 
 Compulsory Attendance. 
 Industrial Schools. 
 City Superintendent of Schools. 
 School Funds. 
 Bonds. 
 Vacancies. 
 Tree Planting. 
 Pioneer Day. 
 School Libraries. 
 Miscellaneous. 
 
 ARTICLE I. 
 
 Superintendent of Public Instruction. 
 
 Section 805. Election, qualification, oath and bond. 
 Duties. 
 
 General powers. 
 Duty. Blanks. 
 
 Examinations. 
 
 Course of study. 
 
 Institute rules. 
 
 Coutnty superintendents. 
 
 Records. 
 
 School laws. 
 
 Seal. 
 
 Institutes. 
 
 Reports. 
 
 Section 806. 
 Section 807. 
 Section 808. 
 Section 809. 
 Section 810. 
 Section 811. 
 Section 812. 
 Section 813. 
 Section 814. 
 Section 815. 
 Section 816. 
 Section 817. 
 Section 818. 
 Section 819. 
 Section 820. 
 Section 821. 
 Section 822. 
 
 Same. 
 
 Same. 
 
 Same. 
 
 Same. 
 
 Same. 
 
 Same. 
 
 Same. 
 
 Same. 
 
 Same. 
 
 Same. 
 
 Apportionment of school fund. 
 
 Clerk. Salary. 
 
 Salary of superintendent of public instruction. 
 
 Expenses. 
 
 805. (Sec. 1700). Election, Qualification, Oath and Bond. 
 
STATE OF MONTANA. 75 
 
 There shall be chosen by the qualified electors of the state, at 
 the time and place of voting for members of the legislature, 
 a superintendent of public instruction, who shall have attained 
 the age of thirty years at the time of his election, and shall 
 have resided within the state two years next preceding his elec- 
 tion, and is the holder of a state certificate of the highest grade, 
 issued in some state, or is a graduate of some reputable 
 university, college or normal school. He shall hold his office 
 at the seat of government, for the term of four years from the 
 first Monday in January following his election, and until his 
 successor is elected and qualified. Before entering upon his 
 duties he shall take the oath of civil officer and give a bond in 
 the penal sum of ten thousand dollars, with not less than two 
 sureties, to be approved by the governor and attorney general. 
 (Act approved March n, 1895). 
 
 806. (Sec. 1701.) Duties. The superintendent shall preserve 
 in his office all books, maps, charts, works on education, school 
 reports and school laws of other states and cities, plans for school 
 buildings and other articles- of educational interest and value 
 which may come into his possession as such officer, and at the 
 expiration of his term shall deliver them, together with the re- 
 ports, statements, records and archives of his office to his suc- 
 cessor. (Act approved March n, 1895). 
 
 807. (Sec. 1702.) General Powers. He shall have the gen- 
 eral supervision of the public schools of the state. (A<ct ap- 
 proved March 11, 1895). 
 
 808. (Sec. 1703.) Duty. Blanks. He shall cause to be 
 printed, and furnished to the proper officers or persons all school 
 registers, reports, statements, notices and blanks for returns 
 needed or required to be used in the schools or by the school 
 officers, in the state. He shall prepare and furnish to school 
 -officers, through the county superintendents, lists of publications 
 approved by him as suitable for school libraries; such lists shall 
 contain also the lowest price at which such publication can be 
 purchased, and the terms. He shall also prescribe rules and 
 instructions for the proper care and use of school libraries and 
 such other information relative thereto as he shall think need- 
 ful. (Act approved March u, 1895); 
 
 809. (Sec. 1704.) Same. Examinations. He shall prepare all 
 questions to be used in the examination of applicants for 
 teachers' county certificates, and prescribe the rules and regula- 
 
 zeacners 
 
76 GENERAL SCHOOL LAW 
 
 tions for conducting all such examinations. (Act approved 
 March n, 1895). 
 
 810. (Sec. 1705.) Same. Course of Study. He shall pre- 
 pare and prescribe a course of study for all the public schools 
 of the state. (Act approved March n, 1895). 
 
 811. (1706.) Same. Institute Rules. He shall prescribe 
 rules and regulations for the holding of teachers' institutes. 
 (Act approved March n, 1895). 
 
 812. (Sec. '1707.) Same. County Superintendents. He 
 shall counsel with and advise county superintendents upon all 
 matters involving the welfare of the schools ; he shall, when re- 
 quested, give them written answers to all questions concerning 
 the school law. He shall decide all appeals from the decision 
 of the county superintendent, and may for such decision, require 
 affidavits, verified statements or sworn testimony as to the facts 
 in issue. He shall prescribe and cause to be enforced rules of 
 practice and regulations pertaining to the hearing and determ- 
 ining of appeals, and necessary for carrying into effect the school 
 laws of the state. (Act approved March n, 1895). 
 
 813. (Sec. 1708.) Same. Records. He shall keep a record 
 of his official acts, and shall file in his office all appeals and 
 papers pertaining thereto. (Act approved March n, 1895). 
 
 814. (Sec. 1709.) Same. School Laws. He shall at least 
 once in four years cause to be printed the school laws of the 
 state, with such notes and decisions thereon as may seem to him 
 advisable and shall furnish them as they are needed to the school 
 officers in the state. (Act approved March n, 1895.) 
 
 815. (Sec. 1710.) Same. Seal. He shall provide and keep 
 a seal, which shall be the official seal of the state superintendent 
 of public instruction, and by which all of his official acts may be 
 authenticated. (Act approved March u, 1895). 
 
 816. Same. Institutes. He shall attend and assist at 
 teachers' institutes and aid, and encourage generally, teachers in 
 qualifying themselves for the successful discharge of their duties. 
 He shall also as far as he shall find practicable address public 
 assemblies on subjects pertaining to public schools, and shall 
 labor faithfully in all practicable ways for the welfare of the 
 public schools of the state and shall perform such other duties 
 as shall be required of him by the law. (Act approved March 
 8th, 1897, Sec. i). (5th Sess. 129). 
 
 817. (Sec. 1712.) Same. Report. He shall on or before the 
 
STATE OF MONTANA. 77 
 
 first day of December preceding the biennial session of the 
 legislative assembly, make and transmit to the governor a report 
 showing: 
 
 1. The number of school districts, schools, teachers employed 
 and pupils taught therein, and the attendance of pupils and 
 studies pursued by them. 
 
 2. The financial condition -of the schools, their receipts and 
 expenditures, value of school houses and property, cost of tuition 
 and wages of teachers. 
 
 3. The condition, educational and financial, of the Normal and 
 higher institutions connected with the school system of the state, 
 and, as far as it can be ascertained, of the private schools, 
 academies and colleges of the state. 
 
 4. Such general matters, information and recommendations 
 relating to the educational interest of the state as he may deem 
 important. (Act approved March n, 1895). 
 
 818. (Sec. 1713.) Same. Fifteen hundred copies of the re- 
 port of the superintendent of public instruction shall be printed 
 biennially, in the month of December preceding the session of 
 the legislative assembly. Two copies shall be furnished to each 
 of the members of the legislative assembly, one copy to each 
 county superintendent of the state, one copy to the clerk of each 
 school board, two to each state officer, one to each state and 
 territorial superintendent; fifty copies shall be filed in the office 
 of the superintendent of public instruction and ten in the state 
 historical library. The balance shall be distributed among the 
 various college, university and other libraries of the United 
 States. (Act approved March n, 1895). 
 
 819. (Sec. 1714). Apportionment of School Fund. He shall, 
 between the first and tenth days of February of each year, ap- 
 portion the state school fund among the several counties of the 
 state, in proportion to the number of children of school age in 
 each as shown by the last enumeration authorized by law. It 
 shall be the duty of the state board of land commissioners to 
 notify the state auditor on or before the tenth day of January 
 of each year, the amount of the state school fund subject to 
 apportionment; and the said auditor immediately upon receipt 
 of such notification shall issue his warrant on the state treasurer 
 for the said amount. Thereupon the state treasurer shall certify 
 said apportionment to the several county treasurers not later than 
 the first Monday in March; Provided, that the several county 
 
78 GENERAL SCHOOL LAW 
 
 treasurers have fully complied with Sec. 183 of "An Act con- 
 cerning revenue," approved March 6, 1891, in which case the 
 county treasurers, upon receiving notice from the state treasurer 
 of the amounts due their counties from the state school fund, 
 may deduct said amount from the amount found due the state 
 by their counties and remit the balance to the state treasurer. 
 The superintendent of public instruction shall certify to the 
 county superintendent of schools of each county, the amount 
 apportioned to that county. (Act approved March n, 1895.) 
 
 State v. Cave, 20 Mont. 473; 52 Pac. 202. The superintendent of 
 public instruction is required to apportion the sate school 
 funds among the counties in proportion to the number of 
 children of school age in each county. 
 
 Jay v. School District, 24 Mont. 228; 61 Pac. 253. The moneys 
 derived from interest on the state school fund, and other 
 sources 1 , controlled by the state, are apportioned to the 
 counties, and the amount falling to each county is made 
 available for school purposes not later than February 10th 
 of each year. 
 
 820. (Sec. 1715.) Clerk. Salary. The superintendent of 
 public instruction shall have power to appoint one clerk, who 
 shall receive an annual salary of fifteen hundred dollars, and 
 shall perform such duties pertaining to the office as the superin- 
 tendent may direct. Said clerk shall also perform the duties 
 of clerk of the state board of education. (Act approved March 
 n, 1895). 
 
 821. Salary of Superintendent of Public Instruction. The 
 annual salary of the superintendent of public instruction, for all 
 services now required of him or which may hereafter be de- 
 volved upon him by law, is three thousand dollars. He shall 
 also be paid his traveling expenses, actually and necessarily 
 incurred in the discharge of his duties, not to exceed five hun- 
 dred dollars in any one year. (Act approved March 6, 1907, Sec. 
 2). (loth Sess. Chap. 116). 
 
 822. (Sec. 1717). Expenses. All necessary expenditures of 
 money incurred by the superintendent of public instruction for 
 postage, stationery,, printing and expressage, not exceeding two 
 hundred and fifty dollars in any one year, shall be paid by the 
 state. (Act approved March n, 1895). 
 
STATE OF MONTANA. 19 
 
 ARTICLE II. 
 
 County Superintendent of Schools. 
 
 Section 823. Election. Term Oath. Bond. 
 
 Section 824. General powers. 
 
 Section 825. Duty. Visiting schools. 
 
 Section 826. Same. Blanks. 
 
 Section 827. Same. Record. 
 
 I Section 828. Same, controversies. 
 
 Section 829. May administer oaths. 
 
 Section 830. Apportionment of school moneys; warrants. 
 
 Section 831. Preside at institutes. 
 
 Section 832. May issue temporary certificates. 
 
 Section 833. Annual report. 
 
 Section 834. Boundaries of school districts. 
 
 Section 835. Expenses of office. 
 
 Section 83G. Must not teach. 
 
 Section 837. Qualifications. 
 
 Section 838. Census to be transmitted to bureau of agriculture, 
 labor and industry. 
 
 823. (Sec. 1730.) Election. Term. Oath. Bond. A 
 
 county superintendent of schools shall be elected in each organ- 
 ized county in this state at the general election preceding the 
 expiration of the term of office of the present incumbent, and 
 every two years thereafter, who shall take office on the first 
 Monday in January next succeeding his election, and hold for 
 two years or until his successor is elected and qualified. The 
 person so elected shall take the oath or affirmation of office, and 
 shall give an official bond to the county in a sum to be fixed by 
 the board of county commisisoners of said county. The county 
 commissioners of any county, shall, by appointment, fill any 
 vacancy that may occur in the office of county superintendent, 
 until the next general election ; Provided, that all persons other- 
 wise qualified shall be eligible to the office of the county super- 
 intendent of common schools without regard to sex. (Act ap- 
 proved March 11, 1895). 
 
 824. (Sec. 1713.) General Powers. The county superin- 
 tendent shall have the general supervision of the public schools 
 in his county. (Act approved March n, 1895). 
 
 Section 825. He shall visit every public school under his 
 supervision at least once each official year, and oftener if he shall 
 deem it necessary to increase its usefulness. He shall at such 
 visits carefully observe the conditions of the school, the mental 
 and moral instruction given, the teacher's ability, and progress 
 
80 GENERAL SCHOOL LAW 
 
 of the pupils. He shall advise and direct the teacher in regard 
 to the instruction, classification, government and discipline of the 
 school and the course of study. He shall keep a record of such 
 visits and by memoranda indicate his judgment of the teacher's 
 ability to teach and govern, and the condition and progress of 
 the school, which shall be open to inspection to any school 
 trustee. During his visits to the schools of his county the county 
 superintendent shall consult with the trustees and clerks of all 
 school districts upon all matters relating to the good and welfare 
 of their schools and shall instruct them, whenever necessary, in 
 their duties relating to the reports to be made out by them and 
 forwarded to him annually as the law requires. (Act approved 
 March 6, 1909). 
 
 826. (Sec. 1733.) Same. Blanks. He shall carry into effect 
 all instructions of the state superintendent given within his 
 authority. He shall distribute to the proper officers and to 
 teachers all blanks furnished by the state superintendent and 
 needed by such officers and teachers. (Act approved March 
 n, 1895). 
 
 827. (Sec. 1734.) Same. Record. He shall keep a record 
 of his official acts. He shall preserve all books, maps, charts 
 and apparatus sent him as a school officer, or belonging to his 
 office. He shall file all reports and statements from teachers 
 and school boards and shall turn them over to his successor in 
 office. (Act approved March n, 1895). 
 
 828. (Sec. 1735.) Same. Controversies. He shall decide all 
 matters in controversy arising in his county in the administra- 
 tion of the school law or appealed to him from the decisions of 
 school officers or boards. An appeal may be taken from his de- 
 cision, in which case full written statement of the facts, together 
 with the testimony and his decision in the case, shall be certified 
 to the state superintendent for his decision in the matter, which 
 decision shall be final, subject to adjudication or the proper legal 
 remedies in the state courts. (Act approved March n, 1895). 
 
 829. (Sec, 1736.) May Administer Oaths. The county 
 superintendent shall have power to administer oaths of office to 
 all subordinate school officers and to witnesses, and to examine 
 them under oath in case of appeal, of revoking the certificate of 
 a teacher and in all controversies and questions arising in the 
 administration of the school laws brought or coming before him 
 for opinion, order or decision ; but he shall not receive pay for 
 
STATE OF MONTANA. 81 
 
 r dministering such oaths. (Act approved March n, 1895). 
 
 830. Apportionment of School Moneys; Warrants. The 
 v Dunty superintendent shall apportion all school moneys to the 
 ,-chool districts in accordance with the provisions of this title 
 < uarterly, and he may make apportionments at such other time 
 . s may be required or deemed necessary for the convenience of 
 
 *chool officers. He shall certify to the several district clerks and 
 ounty treasurers the amount so apportioned to the several dis- 
 ricts, and the trustees shall draw their warrants on the county 
 reasurer in favor of persons entitled to receive the same. Such 
 varrant shall show for what purpose the money is required, and 
 10 such warrant shall be drawn unless there is money in the 
 reasury to the credit of such district. Provided, that school 
 rustees shall have the authority to issue warrants in anticipation 
 )f school moneys which have been levied but not collected, for 
 :he payment of current expenses of schools, but such warrants 
 shall not be drawn in any amount in excess of the sum already 
 .evied. (Act approved March I4th, 1901, Sec. i). (7th Sess. 
 
 121). 
 
 State v. Cave, 20 Mont. 473; 52 Pac. 202. 
 
 Jay v. School District, 24 Mont. 228; 61 Pac. 253. 
 
 831. (Sec. 1738.) Preside at Institutes. He shall preside 
 over all teachers' institutes held in his county, and shall elect 
 suitable persons to instruct therein from the list of teachers com- 
 missioned by the state board of education. (Act approved 
 March n, 1895). 
 
 832. (Sec. 1730.) May Issue Temporary Certificates. He 
 shall have power to issue, if he deem it proper to do so, tem- 
 porary certificates, valid until the next regular examination, to 
 persons holding certificates of like grade granted in other 
 counties, or upon any certificates or diplomas possessed by the 
 applicant showing his fitness for the profession of teaching; 
 Provided, that no person shall be entitled to receive such tem- 
 porary certificates more than once in the same county. (Act 
 approved March n, 1895). 
 
 833. (Sec. 1740). Annual Report. He shall, on or before 
 the first day of November each year, make and transmit an 
 annual report to the superintendent of public instruction, con- 
 taining such statistics, items and statements relative to the 
 schools of the county, as may be required and presented by the 
 
 uperintendent of public instruction. Such reports shall be made 
 
 supermten 
 
82 GENERAL SCHOOL LAW 
 
 upon and conform to the blanks furnished by the superintendent 
 of public instruction for that purpose. He shall not be paid 
 his salary for the last month in his official year until he presents 
 to the county commissioners the receipt of the superintendent 
 of public instruction for such annual report. (Act approved 
 March n, 1895). 
 
 834. (Sec. 1741.) Boundaries of School Districts. The 
 county superintendent shall inquire and ascertain whether the 
 boundaries of school districts in his county are definitely and 
 plainly described in the records of the board of county commis- 
 sioners, and to keep in his office a full and correct transcript of 
 such boundaries. In case the boundaries of districts are con- 
 flicting, or are incorrectly described, he shall change, harmonize 
 and describe them, and make a report of such action to the com- 
 missioners; and on being ratified by the commissioners, the 
 boundaries and descriptions so made shall be the legal boundaries 
 and descriptions of the districts of that county. The county 
 superintendent shall furnish the several district clerks with 
 descriptions of the boundaries of their respective districts. (Act 
 approved March n, 1895.) 
 
 835. Expenses of Office. The county superintendent may 
 provide for himself a suitable office for the transaction of official 
 business, when not provided therewith by the county commis- 
 sioner, and said commissioners shall audit and pay his reason- 
 able accounts for the use and the furniture of said office. They 
 shall also furnish him with all necessary stationery and postage ; 
 provided, that not more than one hundred and twenty-five 
 ($125, .00) dollars a year shall be paid by any county for office 
 rent, stationery, postage and furniture; Provided, further, that 
 when an offilce room is furnished by the county he shall not ex- 
 ceed fifty ($50.00) dollars a year for stationery and postage. 
 County superintendents in counties of the seventh and eighth 
 class shall be allowed their actual, necessary expenses when 
 engaged in visiting schools in their counties. Such expenses 
 shall be paid in the same manner as other county charges. (Act 
 approved March I4th, 1901, Sec. 2). (7th Sess. 121-2). 
 
 836. (Sec. 1743.) Must not Teach. No county superinten- 
 dent shall engage in teaching during his term of office. (Act 
 approved March n, 1895). 
 
 See Act approved March 8, 1897, Sec. 2 (5th Sess. 129). 
 
 837. (Sec. 1744.) Qualifications. No person shall be deemed 
 
STATE OF MONTANA. 83 
 
 egally qualified for the office of county superintendent unless 
 le or she holds a certificate of the highest county grade, is a 
 itizen of the United States, has resided one year next preceding 
 he election in this state, and one year in the county in which 
 le is a candidate and has had twelve months' successful ex- 
 perience in teaching in the public schools of this state ; Provided, 
 :hat in case a certificate held by any of the present incumbents 
 }f the office of county superintendent shall expire during the 
 :erm of such superintendent, such person may apply to the super- 
 intendent of the nearest county for a certificate, as provided by 
 law; and in case a certificate shall be refused, the party feeling 
 grieved thereby may appeal to the superintendent of public in- 
 struction, who may, upon examination of said person, determine 
 whether a certificate shall be granted. (Act approved March 
 
 ii, 1895). 
 
 State v. Acton, 31 Mont. 43; 77 Pac. 301. This section applies 
 . to men and women alike. The office of county superin- 
 tendent of schools is created by the constitution, and the 
 legislature does not -have the power to prescribe an addi- 
 tional qualification to those enumerated in the constitution, 
 and require that the candidate to such office shall hold a 
 certificate of the highest county grade. 
 
 838. Census to be Transmitted to Bureau of Agriculture, 
 Labor and Industry. It shall be the duty of the county' super- 
 intendent of schools to prepare and transmit within thirty days 
 after he receives the school census from the district clerk, a 
 copy of the census showing the name, sex, age and date of birth 
 of each child under seventeen years of age residing in the county 
 together with the names of the parents or guardians of such 
 children to the commissioner of the bureau of agriculture, labor 
 and industry. No county superintendent shall be paid his salary 
 for the last month in his official year until he presents to the 
 county commissioners the receipt of the commissioner of the 
 bureau of agriculture, labor and industry for such annual census 
 report. (Act approved February 18, 1907). (loth Sess. Chap. 
 17). 
 
84 GENERAL SCHOOL LAW 
 
 ARTICLE III. 
 
 School Districts. 
 
 Section 839. School district defined. 
 
 Section 840. Organization of new district. 
 
 Section 841. District boundaries. 
 
 Section 842. Apportionment of moneys to new districts 
 
 Section 843. Division of district funds and property. 
 
 Section 844. District in two counties. 
 
 Section 845. Employment of teacher not qualified. 
 
 Section 846. Must maintain school for three months. Division of 
 
 district. 
 
 Section 847. Unauthorized text 'books; penalty. 
 Section 848. Powers as body corporate. 
 Section 849. When district may be created. 
 
 839. (1750.) School District Defined. The term "school dis- 
 trict", as used in this title, is declared to mean the territory 
 under the jurisdiction of a single board, designated as "board of 
 trustees", and shall be organized in form and manner as herein- 
 after provided, and shall be known as district No of 
 
 county ; Provided, that all school districts now existing, as shown 
 by the records of the county superintendents, are hereby 
 recognized as legally organized districts. (Act approved March 
 n, 1895). 
 
 840. (Sec. 1751.) Organization of New District. For the 
 purpose of organizing a new district, a petition in writing shall 
 be made to the county superintendent, signed by the parents or 
 guardians of at least ten census children, between the age of 
 six and twenty-one years, residing within the boundaries of the 
 proposed new district, and residing at a greater distance than 
 two miles from any school house, which petition shall describe 
 the boundaries of the proposed new district, and give the names 
 of all the children of school age residing within the boundaries 
 of the proposed new district, at the date of presenting said peti- 
 tion. The county superintendent shall give notice to parties 
 interested by posting notices at least ten days prior to the time 
 appointed by him for considering said petition in at least three 
 of the most public places in the proposed new district, and one 
 on the school house door of each district affected by the pro- 
 posed change, or if there be no school house, then in one of the 
 most public places of said old district, and shall on the day fixed 
 in the notice proceed to hear said petition, and if he deem it 
 advisable to grant the petition, he shall make an order establish- 
 
STATE OF MONTANA. 85 
 
 ng said district and describing the boundaries thereof, from 
 Arhich order an appeal may be taken by three resident taxpayers 
 )f said new district to the board of county commissioners within 
 ihirty days, and their decision shall be final; Provided, that 
 should the county superintendent refuse to make an order 
 establishing- said new district an appeal may be taken by three 
 resident taxpayers of said new district, in the manner herein- 
 before described. (Act approved March n, 1895.) 
 
 8.^1. (Sec 1752.) District Boundaries. The boundaries of 
 any district cannot be changed, except in forming new districts, 
 unless a majority of heads of families residing on the territory 
 which it is proposed to transfer or include, present a petition in 
 writing to the county superintendent, which petition shall 
 describe the change which it is proposed to have made. It shall 
 also state the reason for desiring said change and the number 
 of children of school age residing in the territory to be trans- 
 ferred or included. The county superintendent shall file said 
 petition in his office, and shall give notice to parties interested 
 by posting notices at least ten days prior to the time appointed 
 for considering said petition, one of which shall be in a public 
 place in the territory which it is proposed shall be annexed or 
 transferred, and one on the door of the school house in each 
 district affected by the change, or if there be no school house 
 in such district, then in some public place in such district or 
 districts, and at the time stated in said notices he shall proceed 
 to hear said petition and if he deem it advisable, he shall grant 
 
 e same and make an order fixing the boundaries, and unless 
 an appeal be taken to the board of county commissioners within 
 thirty days, and upon a hearing thereof the decision of said 
 board shall be final. All of the papers, documents and records 
 in the case shall be certified to the county commissioners for their 
 determination of the matter on appeal ; Provided, that two or 
 more districts lying contiguous may, upon a petition of a majority 
 of the heads of families residing in each of said districts pre- 
 sented to the county superintendent in writing, be united to 
 
 nstitute but one district ;Provided, further. That joint dis- 
 tricts (districts lying partly in one county and partly in another) 
 may be formed in the same manner as other new districts are 
 formed, except that the petition herein provided for must be 
 made to the county superintendent of each county affected ; but 
 in the case of joint districts, all of the provisions herein enum- 
 
 LU 
 
 * 
 
 ~ 
 
 111 LUC \am 
 
S6 GENERAL SCHOOL LAW 
 
 eraied for the formation of a new district must be by concurrent 
 action of the superintendent of each county affected. (Act ap- 
 proved March n, 1895). 
 
 842. (Sec 1753.) Apportionment of Moneys to New Dis- 
 tricts. No new district, formed by the subdivision of an old one, 
 shall be entitled to any share of public money belonging to the 
 old district until a school has actually been taught one month 
 in the new district, and unless within eight months from the 
 order of the county superintendent granting such new district, 
 a school is opened, the action making a new district shall be void 
 and all election or appointments of trustees or clerks made in 
 consequence of such action, and all rights and office of parties 
 so elected or appointed shall cease and determine. (Act approved 
 March n, 1895). 
 
 843. (Sec. 1754.) Division of District Funds and Property. 
 When a new district is formed from one or more old ones, 
 the school funds remaining to the credit of the district, after 
 providing for all outstanding debts, excepting debts incurred for 
 building and furnishing school houses, shall be divided as fol- 
 laws : The basis for the division of the school fund shall be 
 the school population, as shown by the last school census before 
 the division of the district or districts occurred, and shall apply 
 to such funds as remain to the credit of said old district or dis- 
 tricts at the time of the organization of said new district, and 
 said district shall receive funds in proportion to its per cent, of 
 the said census. In case of division, each district shall own and 
 hold all permanent property such as sites, school houses and 
 furniture situated within its boundaries. All division of funds 
 under this provision shall be made by the county superintendent, 
 and when there are unpaid special taxes on the county tax book 
 belonging to a district at the date of its division, the county 
 treasurer, upon being notified of such division by the county 
 superintendent, shall retain all moneys received in payment of 
 such special tax until the same shall be apportioned by the 
 county superintendent, whose duty it shall be to apportion said 
 money quarterly between the fractions of the divided district, 
 according to the location of the property on which said tax was 
 levied. At the first apportionment after the organization of a new 
 district, the county superintendent shall apportion to such district 
 its per capita proportion of the general fund, but no money, either 
 from the general or special fund, shall be paid out of the county 
 
STATE OF MONTANA. 87 
 
 Treasury on account of such district, until a school shall have 
 Deen taught therein one month. (Act approved March u, 
 
 1895). 
 
 844. (Sec. 1755.) District in Two Counties. Whenever a 
 district lies partly in one county and partly in another, the county 
 superintendent must apportion to such district such proportion 
 of the school money to which such district is entitled as the 
 number of school census children residing in that por- 
 tion of the district situate in his county bears to the 
 \vlile number of school census children in the whole 
 district. The trustees and teachers of joint districts 
 must make to the superintendent of each county in which the 
 district is located, the reports which other trustees and teachers 
 are required to make and also the number of pupils attending 
 the school from each county ; and all other acts which from their 
 nature should be separately kept and done, as if each portion 
 of said joint district belonging to each county were an entire 
 district in the respective counties. The teachers of such joint 
 district shall have certificates, from the superintendent of the 
 county in which the school house is located. (Act approved 
 March n, 1895). 
 
 845. Employment of teacher not qualified. The board of 
 trustees of any school district who shall employ any teacher 
 who is not legally qualified to teach in public schools of their 
 district, shall be deemed guilty of a misdemeanor; Provided, that 
 this Section shall not apply to those trustees who do not consent 
 to such employment. (Act approved March I4th, 1901, Sec. 
 30 ( /th Sess. Chap. 122.) 
 
 Jay v. School District, 24 Mont. 223; 61 Pac. 251. A contract 
 for the employment of a teacher holding a certificate for 
 a school year of nine months, is of no effect. Teachers 
 must make annual reports to the county superintendent, 
 or if the employment be only three months, at the end 
 of such time. 
 
 846. Must Maintain School for Four Months. Division of 
 District No school district shall be entitled to receive any ap- 
 portionment of any school moneys, which shall not have main- 
 tained a free school for at least four months during the 
 next preceding school year, nor shall any school district, which 
 fails to make its annual report to the county superintendent, 
 as provided by law, on or before October I5th of each year, 
 be entitled to receive any apportionment of any school moneys. 
 
88 GENERAL SCHOOL LAW 
 
 Any and all such moneys thus forfeited by any school district 
 shall be apportioned by the county superintendent to other 
 school districts of his county; Provided, that any new district 
 formed by the division of an old one shall be entitled to its ap- 
 portionment, where the time that school was maintained in the 
 old district before division, and in the new one after division, 
 shall be equal to at least four months, and, provided further, 
 that in isolated sections of a district consisting of not less than 
 four children and districts not less than five miles from the es- 
 tablished school house in such district, where a school is main- 
 tained for three or four months by a regular qualified teacher for 
 the benefit of the children of the families of such section, such 
 district may draw the apportionment of school money for the 
 children so attending said schools. (Act approved March 6, 
 1909). 
 
 847. Unauthorized Text-Books ; Penalty. The trustees of any 
 school districts using text-boks other than those prescribed by 
 law (except for supplementary purposes) shall be deemed guilty 
 of a misdemeanor. Provided, that the foregoing shall only apply 
 to those trustees consenting to the use of such other books. (Act 
 approved March 8th, 1897, Sec. 4). (5th Sess. 130). 
 
 848. (Sec. 1759). Powers as Body Corporate. Every school 
 district constituted and formed as provided in this title shall and 
 is hereby declared to be a body corporate, and under its own 
 proper name or number as such corporate body may sue and be 
 sued, contract and be contracted with, and may acquire, purchase 
 and hold and use personal or real property for school purposes 
 mentioned in this title, and sell and dispose of the same. (Act 
 approved March n, 1895). 
 
 Jay v. School District, 24 Mont. 232; 61 Pac. 254. School districts 
 are public corporations but their powers are very limited. 
 They can exercise none except such as are conferred iby the 
 law creating them. 
 
 849. (Sec. 1760.) When District May be Created. No school 
 district shall be created between the first day of March and the 
 first day of September following of each year. (Act approved 
 March u, 1895). 
 
l_l. 
 
 r 
 
 STATE OF MONTANA. 89 
 
 ARTICLE IV. 
 
 Election of School Trustees. 
 
 Section 850. Election of trustees, classification of districts. 
 
 Section 851. Elections in districts of first class. 
 
 Section 852. Conduct of election. 
 
 Section 853. County commissioners to call election. 
 
 Section 854. Appointment of judges and notices of election. 
 
 Section 855. Hours of election. 
 
 Section 856. Publication of notice of election. 
 
 Section 857. Qualification of electors. 
 
 Section 858. Ballots and method of voting. 
 
 Section 859. Challenges. Oath of voters. 
 
 Section 860. Tally list and certificates of votes cast. 
 
 Section 861. Canvass of votes. 
 
 Section 862. Term of office. Oath of trustee. 
 
 Section 863. Qualification of trustee. 
 
 Section 864. Registration of voters. 
 
 Section 865. Duty of registry agent. 
 
 Section 866. Expenses of election. 
 
 Section 867. Bond and compensation of trustees. 
 
 850. Election of Trustees; Classification of Districts. An 
 annual election of school trustees shall be held in each school 
 district in the state on the first Saturday in Afpril in each year, 
 at the district school house, if there be one, and, if there be none, 
 at a place designated by the board of trustees or the county 
 commissioners as the case may be. All districts having a popu- 
 lation of eight thousand or more, are, and hereafter shall be, 
 districts of the first class. All districts having a population of 
 ne thousand, or more, and less than eight thousand, are, and 
 ereafter shall be, districts of the second class, and all districts 
 ving a population of less than one thousand, are, and here- 
 fter shall be, districts of the third class. In districts of the first 
 class, the number of trustees shall be seven ; in districts of the 
 cond class, the number of trustees shall be five, and, in dis- 
 tricts of the third class, the number of trustees shall be three. 
 In school districts having a population of over twenty thousand 
 people, any trustee at the time of the passage of this Act, save 
 those who are serving by appointment to fill vacancies, shall 
 continue to hold for the term of two years from the third Satur- 
 day in the month of April of the year in which they were elected, 
 and those filling vacancies until the third Saturday in April, 
 1899, an d at all subsequent elections one or more trustees, as the 
 case may be, must be elected, who shall serve for a term of two 
 
90 GENERAL SCHOOL LAW 
 
 years or until their successors are elected or appointed, and shall 
 have qualified. A vacancy in the office of school trustee must 
 be filled by appointment by the county superintendent of schools, 
 subject to the confirmation by a majority of the remaining mem- 
 bers of said board, if those remaining constitute a majority of 
 the total of the board. (Act approved March 4, 1907, Sec. i). 
 (loth Sess. Chap. 69). 
 
 851. Election in Districts of First Class. In districts of the 
 first class the election shall be under the supervision of the 
 board of county commissioners of the county in which the same 
 are situated, and shall be held and conducted as hereinafter pro- 
 vided. (Act approved March 6th, 1897, Sec. 2). (5th Sess 
 
 137). 
 
 852. Conduct of Election. In districts of the second and 
 third classes, the election of school trustees shall be held and 
 conducted under the supervision of the board of school trustees. 
 The clerk of the school district must not less than fifteen days 
 before the election required under this Act, post notices in three 
 public places in said district, and in incorporated cities in each 
 ward, which notices must specify the time and place of election, 
 and the hour during which the polls will be opened. The 
 trustees must appoint by an order entered in their records, three 
 qualified electors of said districts, to act as judges at such elec- 
 tion, and the clerk of the district shall notify them by mail of 
 their appointment. Said judges shall appoint one of their 
 number to act as clerk at such election. If the judges named are 
 not present at the time for opening the polls, the electors present 
 may appoint jud'ges, and the judges so appointed shall designate 
 one of their number to act as clerk. In the districts of the 
 second and third classes, having fifty or more children of school 
 age, the names of all candidates for membership on the school 
 board must be received and filed by the clerk and posted at 
 each polling place at least five days next preceding the election. 
 Any five qualified electors of the districts may file with the 
 clerk the nominations of as may persons as are to be elected 
 to the school board at the ensuing election. (Act approved 
 February 28th, 1899, Sec. i.) (6th Sess. 56-7.) 
 
 853. County Commissioners to Call Election. The board of 
 county commissioners shall, at least thirty days before the an- 
 nual election of school trustees, by an order entered upon the 
 minutes of their meeting, designate and establish a suitable 
 
STATK OF MONTANA. 
 
 91 
 
 lumber of polling places, and create an equal number of election 
 >recincts to correspond, and define the boundaries thereof. (Act 
 ipproved Mnrch ^r.l. ittju. Sec. 2.) (6th Sess. 58.) 
 Hauswirth v. Mueller, iT, Mont. 160; 64 Pac. 325. 
 
 854. Appointment of Judges and Notices of Election. The 
 )oard of county commissioners shall, at least ten days before the 
 day of annual election for trustees in any district of the first 
 class, appoint three qualified electors of the district for each 
 polling place established, to act as judges of election, and the 
 county clerk shall notify such persons by mail of their appoint- 
 ment. Such judges shall designate one of their number to act 
 as clerk at such election. If the judges appointed or any of 
 them are not present at the time for the opening of the polls, 
 the electors present may appoint judges, who must be qualified 
 electors to act in the place of those who are absent. The county 
 clerk shall, at least fifteen days before the election required 
 to be held under this Act, in districts of the first class, give 
 notice of the election to be held in all said districts, by posting 
 a notice thereof in three public places in the district, and in 
 incorporated cities and towns in each ward, which notices must 
 specify the time and place of election, the number of trustees 
 to be elected, and the hours during which the polls will be 
 open. (Act approved March 6th, 1897, Sec. 5). (5th Sess. 138). 
 
 855. Hours of Election. In districts of the first class the 
 polls must be opened at eight o'clock A. M., and kept open until 
 twelve o'clock M., and from one o'clock P. M., until eight o'clock 
 P. M. In districts of the second and third classes the polls 
 may be opened for such length of time as the board of trustees 
 may order: Provided that, such polls must be kept open from 
 two o'clock P. M., to six o'clock P. M. (Act approved March 
 6th, 1897, Sec. 6). (5th Sess. 138). 
 
 856. Publication of Notice of Election. Whenever in the 
 judgment of the board of county commissioners the best inter- 
 ests of the district will be served by the publication of such 
 notices of election in some newspaper in the county, they may, 
 by an order entered on the minutes of their meeting, direct the 
 county clerk to publish the notice of election required to be given 
 in districts of the first class in some newspaper in the county. 
 (Act approved March 6th, 1897, Sec. 7). (5th Sess. 138). 
 
 857. Qualification of Electors. Every citizen of the United 
 States who has resided in the State of Montana for one year, 
 
 
92 GENERAL SCHOOL LAW 
 
 and thirty days in the school district next preceding the election,, 
 may vote thereat. Women of the age of twenty-one years and 
 upwards who are citizens of the United States, and who have 
 resided in the State of Montana one year, and in the school dis- 
 trict for thirty days next preceding the day of election, may vote 
 thereat; Provided, however, that before any such person shall 
 be entitled to vote in any district of the first class, he or she 
 shall have registered as in this Act hereinafter required. (Act 
 approved March 6th, 1897, Sec. 8). (5th Sess. 138-9). 
 
 885. Ballots and Method of Voting. The voting must be by 
 ballot, without reference to the general election laws in regard 
 to nominations, form of ballot, or manner of voting in districts 
 of the second and third class. But in districts of the first class 
 the ballot shall show the name or names of the candidates and 
 the length of time for which they are to be elected. These bal- 
 lots shall be as near as possible in the following form. 
 FOR SCHOOL TRUSTEES. 
 For three (3) year term. 
 
 Vote for three : 
 
 JOHN ABNER. 
 WILLIAM BROWN. 
 
 AiDAM SMITH. 
 
 For one (i) year term. 
 Vote for one. 
 
 GEORGE DAVIS. 
 
 In districts of the first class no person shall be voted for or 
 elected as trustees, unless he or she has been nominated there- 
 for by a bona fide public meeting held in the district at least 
 ten days before the day of election, and at which at least twenty 
 qualified electors were present, and a chairman and secretary 
 were elected, and a certificate of such nomination setting forth 
 the place where the meeting was held, giving the names of the 
 candidates in full, and if there are different terms to be filled, the 
 term for which such candidate was nominated, duly certified by 
 the chairman and secretary of such meeting, shall be filed with 
 the county clerk at least eight days before the day of election. 
 

 : 
 
 STATE OF MONTANA. 93 
 
 " 'he nomination and election of any person shall be void, unless 
 e or she was nominated at a meeting as above provided at 
 /hich at least twenty qualified electors were present, and his 
 r ber nomination certified and filed as aforesaid, and the 
 ounty commissioners shall not count any votes cast for any 
 erson, unless he or she has been so nominated and a certificate 
 hereof filed as herein required. The county commissioners shall 
 :ause to be printed ballots of the form aforesaid, on which shall 
 ippear the names of all persons who are regularly nominated 
 ind whose certificate of nomination was properly filed as afore- 
 said. In districts of the first class the person desiring to vote 
 shall, at the 'time he or she presents his or her ballot, announce 
 his or her name, and the judges of election if they find such 
 name on the official check list, or if not and he or she takes 
 the oath herein prescribed, one of the judges shall take -the bal- 
 lot and deposit it in the ballot box, and the clerk shall immed- 
 iately write the name of such person on the poll list and one 
 of the judges shall write opposite the said name on the official 
 check lists the word "voted'. Any person voting at such election 
 who is not entitled to a vote, and any person voting more than 
 once thereat, shall be guilty of a misdemeanor and shall be 
 punished accordingly ; and any person taking a false oath, shall 
 be guilty of perjury. No person shall be entitled to a vote at 
 any election for school trustees in any district of the first class 
 unless his or her name shall, on the day of election, appear on 
 the official check list furnished by the county clerk to the judges 
 election ; Provided, however, if any person, otherwise qualified 
 to vote, makes oath before one of the judges that he or she 
 registered at any registry precinct in such district, naming it, 
 before a registry agent, giving his name, to vote at said election, 
 and that his or her name does not appear correctly on said check 
 list, or has been omitted therefrom, or that by reason of absence 
 or sickness during the period of registration he or she was un- 
 able to register, the judges of election shall make an entry op- 
 posite his or her name on the poll list to the effect that he or 
 she was sworn and voted, and shall permit him or her to vote. 
 The county commissioners shall provide for each election of 
 trustees double as many ballots as there are voters registered 
 within such district. No other ballot than that provided by the 
 county commissioners shall be received by the judges, and in 
 districts of the first class, where a daily paper is issued, the 
 
 
94 GENERAL SCHOOL LAW 
 
 commissioners s>hall cause to be published in at least one paper 
 for three days preceding the election, such official ballot, and in 
 such districts where there is no daily paper, but a weekly, the 
 official ballot shall be printed at least once in a weekly paper. 
 Trustees must provide in each polling place designated by them 
 a sufficient number of booths, places, or compartments, which 
 must be furnished with such supplies as shall enable the elector 
 to conveniently prepare his or her ballot, and in which electors 
 screened from observation must mark their ballots. Guard 
 railing must be so constructed that only persons within such 
 railing and officers of election can approach within ten feet of 
 the ballot boxes or the booths herein provided. Before de- 
 livering any ballot to an elector the judges must print on the 
 back and near the top of the ballot, with a rubber stamp, the 
 designation "official ballot". Each qualified elector shall re- 
 ceive from .the judge one ballot. The elector on receiving his 
 or her ballot must forthwith without leaving the polling place, 
 and within the guard rail provided, and alone, retire to one of 
 the booths or compartments, and prepare his or her ballot, by 
 marking a cross before the name of each candidate for whom he 
 or she desires to vote. After preparing his or her ballot the 
 elector must fold it so that the face of the ballot will be concealed 
 and so that the endorsement stamped thereon may be seen. He 
 or she must then vote forthwith, and before leaving the polling 
 place. Any elector who, because of physical disability or in- 
 ability to read the English language is unable to mark his bal- 
 lot, may request one of the judges to help him or her. Any 
 elector who, by accident or mistake spoils his or her ballot, may 
 on returning the spoiled ballot receive another. (Act approved 
 March 6th, 1897, Sec. 9). (5th Sess. 139-141). 
 State v. Long, 21 Mont 32; 52 Pac. 647. 
 
 859. Challenges. Oath of Voters. Any person offering to 
 vote may be challenged by any elector of the district, and the 
 judges must thereupon administer to the person challenged, 
 an oath in substance as follows: "You do solemnly swear that 
 you are a citizen of the United States ; that you are twenty-one 
 years of age; and that you have resided in this state one year, 
 and in this school district thirty days next preceding this elec- 
 tion, and that you have not voted this day. So help you God." 
 If he or she is a resident of a district of the second or third 
 class, and he or she takes this oath, his or her vote must be re- 
 
STATE OF MONTANA. 95 
 
 c ;ived ; otherwise rejected. If he or she is a resident of a dis- 
 t -ict of the first class and takes this oath, and has complied 
 A -ith the provisions of this Act, with reference to elections there- 
 i i or complies herewith, his or her vote must be received ; other- 
 ' -ise it shall be rejected. Any person who shall swear falsely 
 1 efore any registry agent or judge of election, shall be guilty of 
 ] erjury and shall be punished accordingly. (Act approved 
 larch 6th, 1897, Sec. 10). (5th Sess. 141). 
 
 State v. Long, 21 Mont. 32; 52 Pac. 647. 
 
 860. Tally List and Certificates of Votes Cast. At every 
 lection held under this Act, in the districts of the first class, a 
 oil and tally list shall be kept by the judges and clerk at each 
 >olling place, and immediately after the close of the polls the 
 udges shall count the ballots, and if there be more ballots than 
 r otes cast the judges must draw by lot from the ballots with- 
 >ut seeing them, a sufficient number of ballots to make the bal- 
 ots remaining correspond with the number of votes cast. The 
 :lerk shall write down in alphabetical order in a poll book pro- 
 /ided for that purpose the name of every person voting at the 
 ime he or she deposits his or her ballots. There shall also be 
 jrovided a tally list for each polling place ; after the ballots have 
 )een counted and made to agree with the poll list, the judges 
 shall proceed to count them. The clerk shall enter in the tally 
 ist the name of every person voted for trustee, and the term, 
 ind tally opposite his or her name, the number of votes cast 
 "or him or her and at the end thereof set down in a column 
 provided for that purpose the whole number of votes he or she 
 has received. The judges and clerk shall sign a certificate to 
 said tally list setting forth the whole number of votes cast for 
 each person or trustee, designating the term, t and they shall 
 verify the same as being correct to the best of their knowledge 
 before an officer authorized to administer oaths. No informality 
 in such certificate shall vitiate the election, if the number of 
 votes received for each person can reasonably be ascertained 
 from said tally list. In districts of the second and third class 
 said books and tally list shall be returned to the board of trustees 
 of the district, who shall canvass the vote and cause the clerk, 
 of the district, to issue certificates of election to the person or 
 persons elected, designating their term, a copy of which must be 
 forwarded to the county superintendent of schools. In districts 
 of the first class said poll books and the tally lists shall be de- 
 
 
96 GENERAL SCHOOL LAW 
 
 livered to the county clerk, and the board of county commission- 
 ers shall canvass the votes. School trustees are hereby author- 
 ized to administer oaths to the judges of election, and the oath 
 of office to the trustees elected. (Act approved March 6th, 1897, 
 Sec. n). (5th Sess. 142). 
 
 861. Canvass of Votes. The board of county commissioners 
 shall canvass the votes of all districts of the first class in the 
 same manner that they are required to canvass the votes at 
 other elections and declare the results. The county clerk shall 
 thereupon make out and mail to the person or persons elected 
 a certificate of election, stating the term, and shall mail a copy 
 thereof to the county superintendent of schools. (Act approved 
 March 6th, 1897, Sec. 12). (5th Sess. 142-3). 
 
 862. Term of Office ; Oath of Trustee. Trustees elected shall 
 take office immediately after qualifying and shall hold office 
 for the term of three years and until their successors are elected 
 and qualified, or appointed by the county superintendent of 
 schools and qualified. Every trustee elected shall file his or her 
 oath of office with the county superintendent of schools. Any 
 trustee who shall fail to qualify within fifteen days after being 
 elected shall forfeit all rights to office, and the county superin- 
 tendent of schools shall appoint to fill the vacancy. (Act approved 
 March 6th, 1897, Sec. 13). (5th Sess. 143). 
 
 863. Qualification of Trustee. Any person, male or female 
 who is a qualified voter at any election under this Act, shall be 
 eligible to office of school trustee in such district. (Act ap- 
 proved March 6, 1897, Sec. 14). (5th Sess. 143). 
 
 864. Registration of Voters. The board of county commis- 
 sioners of every county in which there shall be a school dis- 
 trict of the first class shall, at least fifteen days before the school 
 election for the year 1897, and thereafter at least twenty days be- 
 fore the next annual school election, by order entered on the min- 
 utes of the board, lay out such district into not less than two nor 
 more than thirty registry precincts as may seem to the board 
 most necessary, and shall define the boundaries thereof, which 
 shall be known as School Registry Precinct No. i, School 
 Registry Precinct No. 2, and so on. They shall at the same 
 time the registry precincts are established, appoint one person, 
 male or female, qualified to vote at the coming election in such 
 precinct, registry agent for such precinct, and of the number 
 of registry agents appointed, they shall designate one as prin- 
 
STATE OF MONTANA. . 97 
 
 < ipal registry agent for said school district. All registry agents 
 h lall be appointed annually, and they are hereby authorized and 
 c mpowered to administer oaths and affirmations, and to do such 
 
 ther acts as may be necessary to carry out the purposes of this 
 . >.ct. Before entering upon the duties prescribed in this Act, 
 
 he registry agents must severally take and subscribe before an 
 
 fficer authorized to administer oaths the constitutional oath of 
 ffice, and file the same with the county clerk of their respective 
 ounties. The board of county commissioners shall designate 
 he place where the office of every registry agent appointed 
 mder this Act shall be kept, and they shall cause to be published 
 n a newspaper in the district, or posted in at least three places 
 ii each registry precinct, a notice of registration, which shall 
 iescribe the boundaries of each registry precinct, give the loca- 
 ion of the office, and the name of the registry agent therefor, and 
 
 |:he date when, and the hours during which the office of the 
 egistry agent will be open, and during which persons residing 
 n said precinct may apply and be registered therein. This notice 
 nust be published or posted for three days preceding the day 
 when the registration begins, and continued until registration 
 is closed, and shall be issued and signed by the county clerk. 
 Every registry agent appointed under this Act, shall open his 
 offitce for the purpose of registering votes in his or her district 
 on the tenth day preceding the day of the next annual election 
 for school trustee ; Provided, said day be not Sunday or a legal 
 holiday ; and should said day be Sunday or a legal holiday, 
 then he or she shall open his or her office on the ninth day 
 next preceding the day of election. He or she shall keep his or 
 her office open between the hours of nine A. M., and twelve M. 
 and one P. M., and five P. M., and from six P. M., until ten P. 
 M., for the period of three days, not including Sunday or a legal 
 holiday and during said time he or she shall register the names 
 of all persons residing in his or her registry precinct, qualified 
 and entitled to vote at the coming election, or who will have a 
 vote thereat under the provisions of this Act. Registry agents 
 shall not sit on Sundays or legal holidays, and while not required 
 to register during the hours of from twelve to one P. M., and 
 five to six P. M., they may nevertheless do so if they desire. 
 Each registry agent shall be provided with an official register. 
 He or she shall enter therein under the proper heading, the 
 umber and date of registration the name, with the first or given 
 
 numtx 
 
98 GENERAL SCHOOL LAW 
 
 name in full and the nativity of the elector, together with the 
 number or particular description of the house, room or buildinj 
 where the elector resides so as to reasonably identify the same. 
 The names shall be entered in alphabetical order the surnam< 
 being written first. Every person desiring to be registered foi 
 such election must apply to the registry agent for the precind 
 in which he or she shall reside, at his or her office during th< 
 hours of registration. No persons shall be registered by an; 
 registry agent unless such person is at the time a resident oi 
 his or her precinct. Every person applying to the registry agenl 
 shall before he or she shall be entitled to have his or her nam< 
 registered, take and subscribe to the following oath or affirmation, 
 which shall be administered by the registry agent to-wit: "I d( 
 solemnly swear or affirm that I am a citizen of the United States, 
 or that I am entitled to become a citizen of the United States, 
 and it is my honest intention to become such before the school 
 election day of this year ; and that I am of the age of twenty-one 
 years, and will have actually and not constructively, been a bona 
 fide resident in Montana twelve months, and in the school dis- 
 trict thirty days next preceding the day of election, and that I 
 am not registered elsewhere in this school district for this elec- 
 tion year. So help me God." The registry books shall be open 
 at all times to the inspection of any electors of the district. 
 (Act approved March 6, 1897, Sec. 14). (5th Sess. 143). 
 Hans wirth v. Mueller, 25 Mont. 162 ; 64 Pac. 326. 
 
 865. Duty of Registry Agents. The county commissioners 
 in establishing the voting precincts and registry precincts shall so 
 arrange them that each voting precinct in which the polling place 
 shall be established shall be composed of a certain number of 
 designated registry precincts. On the next day succeeding that 
 on which the registration is closed each registry agent shall 
 deliver to the county clerk of his or her county his or her official 
 registry duly certified by himself or herself. The principal 
 registry agent of each district shall immediately enter upon the 
 work of making therefrom official check lists. He or she shall 
 copy into books to be provided for that purpose and to be known 
 as the official check lists for each election precinct, designating 
 the number of the voting precinct thereon, all the names in 
 alphabetical order contained in the several official registers which 
 have been returned from the several registry precincts within 
 said voting precinct, together with the other entries contained 
 
STATE OF MOXTA: 
 
 n the official registers and shall complete the making of one 
 
 I official check list in such manner for each election or voting 
 Drecinct which has been established, within five days. The 
 :ounty commissioners shall allow him or her such assistance as 
 nay be necessary to complete such official check list within such 
 time. When he or she has completed the official list he or she 
 shall verify each of them by his oath, that the same is correct 
 according to his or her best information, knowledge and belief 
 and deliver the same with all official registers to the county 
 clerk who shall on the day of election at or before the time for 
 the polls to open, deliver the official check list for each election 
 precinct or polling place to one of the judges thereof at such 
 polling place. (Act approved March 9, 189)7, Sec 14). (5th 
 Sess. 145). 
 
 866. Expenses of Election. All the expenses necessarily in- 
 curred in the matter of holding elections for school trustees shall 
 be paid out of the school funds of the district. For districts of 
 the first class the county commissioners shall provide all the 
 stationery, books and supplies and all bills and claims therefor 
 and for the expenses of such election shall be presented to and 
 allowed by the board of county commissioners when audited by 
 the county auditor as other claims, and said board shall there- 
 upon cause the same to be certified and delivered by the county 
 clerk to the proper board of school trustees, who shall cause the 
 same to be paid out of the school funds of the district as other 
 school expenses are paid. All registry agents shall receive the 
 sum of four dollars per day each for the time which they shall 
 be engaged in work of registration ; judges of election in districts 
 of the first class shall receive not to exceed five dollars per day 
 
 Kch for all services connected with the election. Judges of 
 action in other districts shall receive no compensation. The 
 mpensation hereby provided shall be paid in the same manner 
 as other claims. (Act approved March 6th, 1897, Sec. 14). (5th 
 ess. 143-6). 
 
 S< .7. Bond and Compensation of Trustees. Every school trus- 
 in a district <f the first class, provided said district shall have 
 a population not less than twenty thousand, shall give an official 
 bond in the sum of ten thousand dollars, for the faithful dis- 
 charge of his or her duties, which bond shall be approved by the 
 district judge and filed with the county clerk, and every such 
 trustee shall be entitled to receive out of the school funds of the 
 
 I 
 
 
100 
 
 GENERAL SCHOOL LAW 
 
 district the sum of four dollars for each meeting of trustees, which 
 he or she shall attend in giving the necessary attention to school 
 business, not exceeding however, one meeting each week, and 
 he shall receive no compensation for his attendance at any meet- 
 ing unless he or she attends throughout its entire session. The 
 compensation here provided shall be audited and allowed by the 
 board of trustees and entered upon their records. (Act ap- 
 proved March 3rd, 1899). (6th Sess. 58-9). 
 State v. Long, 21 Mont. 33; 52 Pac. 647. 
 
 AjRTICLE V. 
 
 Board of Trustees. 
 
 Section 868. Powers. Quorum. 
 
 Section 869. Term. 
 
 Section 870. Trustees of new district. 
 
 Section 871. Annual meeting. Clerk. Bond. 
 
 Section 872. Meeting of board. 
 
 Section 873. Financial statement. 
 
 Section 874. Chairman. Rules. 
 
 Section 875. Powers and duties. 
 
 Section 876. Pupils may attend in any district. 
 
 Section 877. Transportation of pupils. 
 
 Section 878. Duties concerning out houses. 
 
 Section 879. Same. 
 
 Section 880. Penalty. 
 
 Section 881. Power over property. 
 
 Section 882. Shall not be interested in contracts. 
 
 Section 883. Liability. 
 
 Section 884. May establish high schools. 
 
 Section 885. Misdemeanor. Penalty. 
 
 Section 886. Re-payment of loans. 
 
 Section 887. Must procure American flags. 
 
 Section 888. Flags to be displayed. 
 
 Section 889. Expenses of flags. 
 
 Section 890. Refunding bonds. 
 
 Section 891. Disposal of proceeds of bonds. 
 
 Section 892. District responsible on bonds. 
 
 Section 893. Must levy tax for interest, etc. 
 
 Section 894. Redemption of bonds. 
 
 Section 895. Payment of interest. 
 
 Section 896. Preparation of bonds. 
 
 Section 897. Felony. Penalty. 
 
 Section 898. Surplus money used for building. 
 
 868. (Sec. 1790.) Powers. Quorum. Except when other 
 
STATE OF MONTANA. 101 
 
 \ *ise authorized by law every school district is under the control 
 ( f a board of school trustees, consisting of three members, a 
 i lajority of which constitutes a quorum for the transaction of 
 1 usiness. (Act approved March n, 1895). 
 
 Campana v. Calderhead, 17 Mont. 551; 44 Pac. 84. 
 
 869. (Sec. 1791.) Term. The term of office of school 
 * "ustees is three years from the third Saturday next succeeding 
 heir election. (Act approved March n, 1895). 
 
 870. Sec. 1792.) Trustees of New District. When a new 
 .istrict is organized, such trustees of the old as reside within 
 he limits of the new one shall be trustees in the new district, 
 
 ; nd the county superintendent must appoint the remaining 
 rustees for the new and the old districts, who shall hold office 
 tntil the next annual school election. (Act approved March II, 
 
 895). 
 
 871. Annual Meeting. Clerk. Bond. The school trustees 
 hall meet annually on the third Saturday in April, and organize 
 )y choosing one of their number chairman, and *a competent 
 >erson, not a member of the board as clerk. In districts of the 
 irst class, the clerk before entering upon the duties of his office, 
 >hall be required to give an official bond in the sum of ten 
 :housand dollars conditioned for the faithful performance of his 
 luties and to be approved and filed as other official bonds. (Act 
 approved March 3, 1899, Sec. 4.) (6th Sess. 59.) 
 
 872. Meeting of Board. The board shall hold, in districts of 
 the first class at least one and not more than five meetings each 
 month for the transaction of its business ; and in all districts 
 at' least four meetings each year shall be held, to-wit : On the 
 third Saturdays of April, July, October, and January, at such 
 places and hours as shall be fixed by the board. A special meet- 
 ing of the board may be held upon the call of the chairman or 
 of any two members of the board at least forty-eight hours 
 written notice shall be given to each member of the board of 
 any special meetings, and no business transaction by the board 
 shall be valid, unless transacted at a regular or special meeting 
 thereof. (Act approved March 3, 1899. Sec. 5). (7th Sess. 
 
 59). 
 
 873. (Sec. 1795). Financial Statement. In school districts 
 in which the funds shall equal or exceed twenty-five thousand 
 dollars in each year, there shall be published in the newspaper, 
 which has contracted to do the public printing in the county in 
 
102 GENERAL SCHOOL LAW 
 
 which the district is located between the first and tenth day of 
 June of each year, and between the first and tenth day of 
 December each year a financial statement covering the six pre- 
 ceding months, showing in detail, the amount of money received, 
 the amount paid out, and for what purpose it was so paid, 
 and the balance in the county treasurer's hands to the credit 
 of the district at the time of the making of the statement. The 
 costs of such publications shall be paid by order of the board of 
 school trustees out of their respective school funds, and the price 
 paid must not exceed per folio that allowed by the county com- 
 misisoners for the publication of the financial statement of the 
 county treasurer. (Act approved March u, 1895). 
 
 874. (Sec. 1796.) Chairman. Rules. The chairman shall 
 preside at all the meetings of the board, and shall perform such 
 duties as usually pertain to such officer, and in accordance with 
 the customary rules of order. (Act approved March n, 1895). 
 
 875. Powers and Duties. Every school board unless other- 
 wise especially provided by law shall have power and it shall 
 be its duty: 
 
 I. To prescribe and enforce rules not inconsistent with law, 
 or those prescribed by the superintendent of public instruction 
 for their own government of schools under their supervision. 
 
 2.. To employ or discharge teachers, mechanics or laborers 
 and to fix and order paid their wages; to determine the rate of 
 tuition of non-resident pupils, and to fix the compensation to 
 be allowed the clerk for the time necessarily spent in the ser- 
 vice of the district, as required by law, or as directed by the 
 board. 
 
 3. To enforce the rules and regulations of the superintendent 
 f\ of public instruction for the government of schools, pupils and 
 
 teachers and to enforce the course of study. 
 
 4. To provide for school furniture and for everything needed 
 in the school house or for the use of the school board. 
 
 5. To rent, repair and insure school houses. 
 
 ^ ' " * sell 
 
 hen directed "by a vote of the people so to do. 
 
 7: JLU HUIU in trUs! for their district all real or personal pro- 
 perty for the benefit of the school thereof. 
 
 8. To suspend or expel pupils from school who refuse to 
 obey the rules thereof, and to exclude from school, children 
 
STATE OF MONTANA. 
 
 103 
 
 t rider six years of age where the interest of the school requires 
 s- ich exclusion. 
 
 9. To provide books for indigent children on the written 
 j-:atement of the teacher that the parents of such children are 
 i ot able to purchase them. 
 
 10. To require all pupils to be furnished with suitable books 
 . s a condition of membership in the school. 
 
 11. To exclude from school and school libraries, all books, 
 racts, papers and other publications of immoral and pernicious 
 lature. 
 
 12. To require teachers to conform to the law. 
 
 13. To make an annual report, as required by law, to the 
 :ounty superintendent on or before the first day of October in 
 ;ach year, in the manner and form and on the blanks prescribed 
 md furnished by the superintendent of public instruction. 
 
 14. To make a report directly to the superintendent of public 
 nstrtiction whenever instructed by him to do so. 
 
 15. To determine what branches, if any, in addition to those 
 required by law shall be taught in any school in the district, 
 subject to the approval of the county superintendent. 
 
 16. To visit every school in their district at least once in each 
 term and to examine carefully into its management, condition 
 and want. This clause applies to each of the trustees. 
 
 17. To provide for each school house separate out houses 
 for the sexes. (Act approved March 8th, 1897, Sec 5). (5th 
 Sess. 130-131). 
 
 Campana v. Calderhead, 17 Mont. 548; 44 Pac. 83. 
 
 876. Pupils May Attend in Any District. Whenever a pupil 
 residing in one district desires to attend school in another dis- 
 trict, such pupil shall be permitted to do so; Provided, that the 
 board may refuse pupils from such districts upon the ground 
 of insufficient room ; and provided further, that any board of 
 trustees may in their discretion, transfer school moneys due by 
 apportionment to such pupils to the district in which they may 
 attend school. (Act approved February 24th, 1903). (8th Sess. 
 Chap. 26). 
 
 877. Transportation of Pupils. That the trustees of any 
 school district in the State of Montana may, when they shall 
 deem it for the best interest of all the pupils residing in such 
 district close their school and send the pupils of the district to 
 another district, and for such purpose are hereby empowered 
 
 
104 GENERAL SCHOOL LAW 
 
 to expend any moneys belonging to their district for the pur- 
 pose of paying for the transportation of the pupils from their 
 district to such other districts and paying their tuition. (Act 
 approved March 5th, 1903). (8th Sess. Chap. 68). 
 
 878. (Sec. 1798.) Duties Concerning Outhouses. It is here- 
 by made the duty of the school trustees of all school districts 
 ir this state to provide separate privies or outhouses for the 
 use of the sexes at all school houses where the same do not exist, 
 and to see that the same are kept in good repair, and in a clean 
 condition. Such privies or outhouses must be located and built 
 in such manner as to secure privacy. In all cases where there is 
 no fence dividing the play yards of the sexes, the privies or out- 
 houses herein named shall be separate and distinct buildings, 
 and situated at least twenty feet apart. (Act approved Feb. 
 25, 1893). 
 
 879. (Sec. 1799.) Same. It shall be the duty of all trustees, 
 teachers, janitor or janitors of school districts to see that all 
 privies or outhouses are kept in good repair and in a clean condi- 
 tion. (A'ct approved Feb. 25, 1893). 
 
 880. (Sec. 1800.) Penalty. Any trustee or trustees, teacher, 
 janitor or janitors failing to comply with the provisions of this 
 act shall be deemed guilty of a misdemeanor and upon convic- 
 tion thereof shall be fined in a sum not exceeding one hundred 
 dollars or imprisoned in the county jail not exceeding ninety 
 days or both such fine and imprisonment in the discretion of the 
 court. (Act approved Feb. 25, 1893). 
 
 88 1. (Sec. 1801.) Powers Over Property. The board of 
 trustees of each school district shall have custody of all school 
 property belonging to the district, and shall have power in the 
 name of the district, or in their own names as trustees of the dis- 
 trict, to convey by deed all the interest of their district in or 
 to any school house or lot directed to be sold by vote of the 
 district and all conveyances of real estate made to the district 
 or to the trustees thereof, shall be made to the board of trustees 
 of the district and to their successors in office ; said board, in 
 the name of the district shall have power to transact all busi- 
 ness necessary for maintaining schools and protecting the rights 
 of the district. (Act approved March u, 1895). 
 
 Sec. 882. It shall be unlawful for any school trustee to have 
 any pecuniary interest, either directly or indirectly, in any erec- 
 tion of school houses, or for warming, ventilating, furnishing, 
 
STATE OF MONTANA. 105 
 
 r repairing the same, or be in any manner connected with the 
 
 Iarnishing of supplies for the maintenance of the schools, or to 
 eceive or to accept any compensation or reward for services 
 : endered as trustee. No board of school trustees shall let any 
 ontract for building, furnishing, repairing, or other work, for 
 he benefit of the district, where the amount involved is two 
 uindred anH fift" ri^n 
 
 c. IBOv. ^Liability. --Any board of trustee* 
 
 liable ac trustees, in the none of 
 >ict t for -<ny judgment against the < UtCT It* 
 >r any salary due any teac\*r on contra f 
 U debt* legally contracted under the pro- 
 
 of this title f and they shall pay u<. 
 ta or liabilities out of the ac"; 
 to the credit of such district* (Act ap- 
 d JUurith 11, 1895*1 
 
 fc ^ H ui AA <. IL d. uoara ot trustees may 
 
 establish a high school, employ a principal teacher and subordi- 
 nate teachers, and grade the school into departments and classes. 
 (Act approved March u, 1895). 
 
 885. (Sec. 1805.) Misdemeanor. Penalty. When any 
 school officer is suspended, by election or otherwise, he shall 
 immediately deliver to his successor in office all books, papers, 
 and moneys pertaining to his office ; and such officer who shall 
 refuse to do so, or who shall wilfully mutilate or destroy any 
 
 uch books or papers, or any part thereof, or who shall misapply 
 y moneys intrusted to him by virtue of his office, shall be 
 guilty of a misdemeanor, and shall be punished by a fine, in the 
 discretion of the court, not exceeding one hundred dollars. (Act 
 
 pproved March n. 1895). 
 
 886. (Sec. 1806.) Repayment of Loans. Whenever hereto- 
 re money has been loaned or advanced to the board of school 
 
 trustees of any district, for the erection of a school house or 
 hool houses therein, by any person or corporation, in reliance 
 ><>n the proceeds of the sales of bonds for the repayment of the 
 same, the issuance of which bonds have been voted for by a 
 majority of the electors of such district, voting at an election 
 held for the purpose of authorizing the issuance of the same 
 for the erection of a school house or school houses, which said 
 
 :: 
 
 glJ 
 
 : 
 
 tr 
 
 - 
 
 
106 GENERAL SCHOOL LAW 
 
 money has been used by such board of school trustees in the 
 erection of a school house or school houses in such district, but 
 which bonds when issued have been adjudged and held to be void 
 or invalid by the supreme court of the state, the money so loaned 
 or advanced may be repealed, together with the interest thereon 
 covering the period for which interest has not been paid, at the 
 rate specified in said bonds so held to be void ; said payment to 
 be made by the board of school trustees to the person or corpora- 
 tion who or which had loaned or advanced the same, from the 
 proceeds of the sale of any bonds thereafter issued for the pur- 
 pose of building one or more school houses in said district, or 
 for any other school purpose. (Act approved Feb. 18, 1905.) 
 
 887. (Sec. 1807.) Must Procure American Flags. That the 
 trustees of the several school districts of the State of Montana, 
 shall within ninety days from and after the passage of this Act, 
 procure by purchase or donation, an American flag with accom- 
 panying necessary poles and ropes, etc., for each and every school 
 house in their respective districts. Said flags shall be of dimen- 
 sions not less than four or six feet, and they shall be made from 
 durable material. (Act approved Feb. 26, 1895). 
 
 888. (Sec. 1808.) Flags to be Displayed. It shall be the 
 duty of the school trustees to cause said flags to be displayed 
 over such school houses every day during the sessions thereof, 
 provided the weather is such as to permit the display without 
 injury to the flags. (Act approved Feb. 26, 1895). 
 
 889. (Sec. 1809.) Expenses of Flags. The school trustees 
 are hereby authorized and empowered to use such portion of 
 the school funds as remain in their hands and which is not 
 otherwise appropriated, for the purchase and erection of the 
 flags, poles, etc. (Act approved Feb. 26, 1895). 
 
 890. Refunding Bonds. The school trustees of any school 
 district of the State of Montana, shall have, and are hereby 
 given in addition to the power already conferred on them, author- 
 ity to issue on the credit of their respective districts, coupon 
 bonds, (and sell or dispose of the same) for the purpose of pro- 
 viding the necessary funds to pay maturing, redeemable, or 
 optional bonds, under the following conditions, to-wit: 
 
 1. When there, is not sufficient money to the credit of the 
 school district applicable to pay any of said bonds. 
 
 2. When in the judgment of the school trustees to levy and 
 collect a special tax for the purpose of paying any of said bonds, 
 
STATE OF MONTANA. 
 
 107 
 
 Iuld be a hardship and a burden to the school district. 
 j. All bonds issued under the provisions of this section of 
 of this Act shall bear upon their face the words "Refunding 
 S< hool Bonds" and shall also recite in the body of the bond that 
 "t lis bond is issued for the purpose of providing funds to pay 
 n ituring and outstanding bonds." 
 
 4. Said bonds shall bear interest at a rate not to exceed six 
 p r cent per annum (and interest may be payable semi-annually) 
 a cl payable and redeemable within a period not exceeding 
 t /enty years from the date of issue ; provided said bonds shall 
 n )t exceed in amount the face value of the bonds (and any ac- 
 c ued interest thereon) which they are issued to replace. 
 
 5. The trustees shall fix the denominations, term, rate and 
 f >rm of said bonds not inconsistent with the requirements here- 
 i ibefore set forth; and may issue, dispose of or sell such bonds 
 a t any time deemed necessary and expedient to enhance, preserve 
 and maintain the credit of their respective districts. 
 
 6. Said bonds, when offered for sale, shall be advertised for 
 sale in not less than one newspaper of general circulation, pub- 
 l.shed in the State of Montana, for a period of not less than four 
 weeks preceding the date fixed for sale of said bonds; said 
 advertisement shall briefly describe the bonds, stating the time 
 when, and the place where said sale shall take place; Provided 
 ihat said bonds shall not be sold at less than their par value, 
 and the trustees are authorized to reject any bids made, and sell 
 said bonds at private sale, or exchange the same for outstanding 
 )onds, if they deem for the best interests of the district so to 
 io, and it shall not be necessary to hold any election or submit 
 the matter of the issuance of the bonds authorized by this sec- 
 tion of this Act, to the electors of the school district. 
 
 7. Said bonds and coupons (attached) shall be signed by the 
 chairman of the board of trustees and the school clerk of the 
 district, provided, a lithographic or engraved facsimile of the 
 signatures of the chairman and clerk may be affixed to the cou- 
 pons, only when so recited in the bonds, and the corporate seal 
 of the school district shall be affixed to each bond. 
 
 8. Each bond so issued shall be registered by the county 
 treasurer of the county wherein such school district is located, 
 in a book provided for the purpose, which shall show the date, 
 number, term and amount of each bond, and the person or per- 
 sons to whom the bonds are issued and sold. (Act approved 
 
 II 
 
108 GENERAL SCHOOL LAW 
 
 March I4th, 1901, Sec. i.) (7th Sess. 124-5). 
 
 891. (Sec. 1811.) Disposal of Proceeds of Bonds. All 
 moneys arising from the sale of said bonds shall be paid forth- 
 with into the treasury of the county in which said school dis- 
 trict is located, and shall be immediately available to apply for 
 the purpose authorized and no other purpose. (Act approved 
 March 2, 1895). 
 
 892. (Sec. 1812.) District Responsible on Bonds. The faith 
 of each school district is solemnly pledged for the payment of 
 the interest and redemption of the principal of the bonds which 
 shall be issued under this Act. And for the purpose of enforcing 
 the provisions of this Act, each school district shall be a body 
 corporate, which may sue and be sued by, or in the name of 
 the board of school trustees of such district. (Act approved 
 March 2, 1895). 
 
 893. (Sec. 1813.) Must Levy Tax for Interest, Etc. The 
 school trustees of each district shall ascertain the amount and 
 levy annually, a tax necessary to pay the interest, when it be- 
 comes due, and provide a sinking fund to redeem the bonds at 
 their maturity; and said tax shall become a lien upon the prop- 
 erty in said school district and be collected in the same manner 
 as other taxes for school purposes. (Act approved March 2, 
 
 1895.) 
 
 894. (Sec. 1814.) Redemption of Bonds. When the sum in 
 said sinking fund shall- equal or exceed the amount of any bond 
 then due, the county treasurer shall post in his office a notice 
 that he will, within thirty days from the date of such notice, 
 redeem the bonds then payable, giving the number thereof, and 
 the bonds bearing the lowest number shall be redeemed first, 
 in their order; and provided, that such redemption shall be made 
 at some regular interest period as set forth in the bond ; and if 
 at the expiration of the said thirty days the holder or holders 
 of said bonds shall fail or neglect to present the same for pay- 
 ment, interest thereon shall cea*se but the treasurer shall at all 
 times thereafter be ready to redeem the same on presentation, 
 and when any bond or bonds shall be so purchased or redeemed, 
 the county treasurer shall cancel all bonds so purchased and 
 redeemed, by writing or stamping across the face of such bond 
 or bonds, in ink, the words, "Redeemed and Cancelled," and the 
 date of such redemption. And the bonds paid shall be ex- 
 hibited to the board of county commissioners, at their first 
 
STATE OF MONTANA. 109 
 
 meeting thereafter. (Act approved March 2, 1895.) 
 
 895. (Sec. 1815.) Payment of Interest. The county treas- 
 urer shall pay out of any moneys belonging to the school dis- 
 trict, the interest upon any bonds issued by authority of this 
 Act, by such district, when the same shall become due, upon the 
 presentation at his office, of the proper coupon, which shall show 
 the amount due, and the number of the bond to which it belongs ; 
 and all coupons so paid shall be cancelled and exhibited to the 
 board of county commissioners at their first meeting thereafter. 
 (Act approved March 2, 1895). 
 
 896. (Sec. 1816.) Preparation of Bonds. The school trus- 
 tees of any school district shall cause to be printed or litho- 
 graphed, at the lowest rate, suitable bonds, with the coupons 
 attached, when the same shall become necessary, and pay there- 
 for out of any moneys in the county treasury to the credit of 
 said school district. (Act approved March 2, 1891). 
 
 897. (Sec. 1817.) Felony. Penalty. If any of the school 
 trustees of any district shall fail or refuse to pay into the proper 
 county treasury the money arising from the sale of any bonds 
 provided for in this Act, they shall be deemed guilty of a felony 
 and, upon conviction thereof, shall be punished by imprison- 
 ment in the state penitentiary for a term of not less than one 
 year, nor more than ten years. (Act approved March 2, 1891). 
 
 898. (Sec. 1818.) Surplus Money Used for Buildings. 
 County school moneys may be used by the county superinten- 
 dent and trustees for the various purposes as authorized and 
 provided in this article, and for no other purpose, except that 
 in any district, any surplus in the general school fund to the 
 credit of said district, after providing for the expenses of not 
 less than eight months' school; may on a vote of the qualified 
 electors of said district, be used for the purpose of building and 
 improvement. If any school money shall be paid by the author- 
 ity of the board of trustees for any purpose not authorized by 
 this section, the trustees consenting to such payment shall be 
 liable to the. district for the repayment of such sum and a suit 
 to recover the same may be brought by the county attorney or 
 if he shall refuse to bring the same, a suit may be brought by 
 any tax paying elector in the district. (Act approved March 2 
 1893)- 
 
110 GENERAL SCHOOL LAW 
 
 ARTICLE VI. 
 District Clerks. 
 
 899. Duties. Compensation. The duties of the district 
 clerk shall be as follows : 
 
 1. To attend all meetings of the board of trustees; but if he 
 shall not be present, the board of trustees shall select one of 
 their number as a clerk who shall certify the proceedings of the 
 meeting to the clerk of the district, to be recorded by him. He 
 shall keep his record in a book to be furnished by the board of 
 trustees and he shall preserve a copy of all reports made to the 
 county superintendent and safely preserve and keep all books 
 and documents belonging to his office, and shall turn the same 
 over to his successor. 
 
 2. To keep accurate and detailed accounts of all receipts and 
 expenditures of school moneys. At each annual school meeting 
 the district clerk shall present his record book for public inspec- 
 tion and shall make a statement of the financial condition of the 
 district and of the action of the trustees and such record must 
 always be open for public inspection. (Act approved March 8, 
 1897, Sec 6.) (5th Sess. 131-132). 
 
 3. To make annually, between the first and twentieth day of 
 September of each year, an exact census of all children and youth 
 between the ages of six and twenty-one years residing in the 
 district; and shall specify the name, sex, age and date of birth 
 of such children and the names of their parents or guardians. 
 He shall take specifically and separately, a census of all children 
 under six years of age and shall specify the name, sex, age and 
 date of birth of such children. All children under twenty-one 
 years of age who may be absent from home for any cause, shall 
 be included by the district clerk in this census list of the city, 
 town or district in which the parents reside. He shall make a 
 full report thereof on the blanks furnished for this purpose, under 
 oath, to the county superintendent thereafter, and deliver a copy 
 to the school trustees. For taking the census the district clerk 
 shall be paid by the board of trustees, from the county school 
 money to the credit of the district in the same manner as other 
 contingent expenses are paid, at a rate not exceeding ten cents 
 for each child's name returned by him. He shall receive such 
 other compensation for other services as may be allowed by the 
 board of trustees. In case any district clerk shall fail to take 
 the census provided in this Act, at a proper time, and if through 
 
STATE OF MONTANA. 
 
 Ill 
 
 such neglect the district shall fail to receive its apportionment of 
 school moneys, said school clerk shall be individually liable to 
 the district for the full amount so lost, and it may be recovered 
 on a suit brought by any citizen of such district, in the name of 
 and for the benefit of the district. (Act approved March 5, 
 1907). (roth Sess. Chap. 97). 
 
 Section 901. 
 Section 902. 
 Section 903. 
 Section 904. 
 Section 905. 
 Section 906. 
 Section 907. 
 Section 908. 
 Section 909. 
 Section 910. 
 
 AJRTICLE VII. 
 
 Teachers. 
 
 Certificate of qualification. 
 
 Teacher's report. 
 
 Duties. 
 
 Construction of teacher's contract. 
 
 Powers. 
 
 Duties. 
 
 Penalty. 
 
 (Section 908. Qualification, as to age. 
 Section 909. Dismissal. Appeal. 
 
 Suspension of teacher's certificate. 
 
 901. Certificate of Qualification. No person shall be ac- 
 counted as a qualified teacher, within the meaning of the school 
 law, who has not first appeared before the county superintendent 
 of the county in which he proposes to teach and received a cer- 
 tificate setting forth his qualifications; or who has not received 
 a temporary certificate from the county superintendent; or who 
 has not a state certificate or life diploma from the state board 
 of education, or a certificate from some other county, endorsed by 
 the county superintendent; or a diploma from the state normal 
 college, provided, that special certificates may be granted to per- 
 sons employed to teach either music, elocution, physical culture, 
 drawing, modern languages, penmanship, or in the first primary 
 or kindergarten department ; and provided, further, that nothing 
 herein contained shall be so construed as to invalidate any cer- 
 tificate now in force. (Act approved March 5, 1903, Sec. i). 
 (8th Sess. Chap. 79). 
 
 902. (Sec iS-ji.) Teacher's Report. Kvcry teacher em- 
 ployed in any public school shall make an annual report to the 
 county superintendent on or before the tenth day of September 
 next after the close of each school year, in the form and manner 
 and on the blanks prescribed by the superintendent of rAiblic 
 instruction. A copy of such report shall be furnished to the dis- 
 trict clerk. 
 
 incL cit 
 
112 GENERAL SCHOOL LAW 
 
 Any teacher who shall end any school term before the close 
 of the school year, shall make report to the county superintendent 
 immediately after the close of such term, and any teacher who 
 may be teaching any school at the close of the school year shall 
 in his or her annual report, include all statistics from the school 
 register for the entire school year notwithstanding any previous 
 report for a part of the year. Teachers shall make such addi- 
 tional reports as shall be required in pursuance of law by the 
 superintendent of public instruction. No board of trustees shall 
 draw any order or warrant for the salary of any teacher, for the 
 last month of his or her service, until the reports herein required 
 shall have been made and received ; Provided, that in all schools 
 acting under the direction of a city superintendent, whose report 
 shall be accepted by the county superintendent, teachers 
 shall be required to report to such superintendent and the 
 trustees in lieu of the teacher's reports; and that when there 
 is no city superintendent, the report of the principal shall be 
 accepted in lieu of the teacher's reports. (Act approved March 
 n, 1895). 
 
 Jay v. School District, 24 Mont. 226; 61 Pac. 252. Teachers 
 must make these annual reports and are required to report 
 at the end of the term for which they are employed. 
 
 903. (Sec. 1842.) Duties. It shall be the duty of the teacher 
 of every public school in this state to keep, in a neat and busi- 
 ness like manner, a daily register in such form and upon such 
 blanks as shall be prepared by the superintendent of public 
 instruction, and no board of trustees shall draw any warrant for 
 the salary of any teacher for the last month of his services in 
 the school at the end of any term or year, until they shall have 
 received a certificate from the district clerk that the said register 
 has been properly kept, the summaries made and the statistics 
 entered, or until, by personal examination, they shall have 
 satisfied themselves that it has been done. Teachers shall faith- 
 fully enforce in school the course of study and regulations pre- 
 scribed, and if any teacher shall refuse or neglect to comply 
 with such regulations, then the board of trustees shall be author- 
 ized to withhold any warrant for salaries due, until such teacher 
 shall comply therewith. No teacher shall be employed except 
 by written order of a majority of the board of trustees, at a reg- 
 ular or special meeting thereof, nor unless the holder of a legal 
 teacher's certificate, in full force and effect. (Act approved 
 March n, 1895). 
 
STATE OF MONTANA. 113 
 
 904. (Sec. 1843.) School Month. Legal Holidays. In every 
 
 ontract between any teacher and board of trustees, a school 
 
 nonth shall be construed as twenty school days, or four weeks of 
 
 ive days each, and no teacher shall be required to teach school on 
 
 'hrustnias day, the first day of January, the fourth day of July, 
 
 he twenty-second day of February, the thirtieth day of May, the 
 
 irst Monday in September, the twelfth day of February, and the 
 
 lay appointed by the president of the United States or the gover- 
 
 lor of this state as a day of Thanksgiving. And no deduction from 
 
 ;he teacher's time or wages shall be made by reason of the fact 
 
 that a school day happens to be one of the days referred to in 
 
 this section. Any contract made in violation of this section shall 
 
 have no force or effect as against the teacher. (Act approved 
 
 I-el). 25, 1909.) 
 
 905. (Sec. 1844.) Powers. Every teacher shall have power 
 to hold every pupil to a strict accountability in school, for any 
 disorderly conduct on the way to school or during intermission 
 or recess; to suspend from school any pupil for good cause; 
 Provided, that suspension shall be reported to the trustees as 
 soon as practicable for their decision. (Act approved March II, 
 
 1895). 
 
 906. Duties. It shall be the duty of all teachers to endeavor 
 to impress on the minds of their pupils the principles of morality, 
 truth, justice and patriotism; to teach them to avoid idleness, 
 profanity and falsehood, and to instruct them in the principles 
 of a free government, and to train them up to a true compre- 
 hension of the rights, duties and dignity of American citizen- 
 ship. (Act approved March u, 1895). 
 
 907. (Sec. 1846.) Penalty. Any teacher who shall maltreat 
 or abuse any pupil by administering any undue or severe punish- 
 ment shall be deemed guilty of a misdemeanor, and upon con- 
 viction thereof before any court of competent jurisdiction, shall 
 be fined in any sum not exceeding one hundred dollars. (Act 
 approved March n, 1895). 
 
 908. (Sec. 1847.) Qualification, As to Age. No person is 
 eligible to teach in any public school in this state, or to receive 
 a certificate to teach, who has not attained the age of eighteen 
 years. (Act approved March u, 1895). 
 
 909. (Sec. 1848.) Dismissal. Appeal. In the case of the 
 dismissal of any teacher before the expiration of any written 
 contract entered into between such teacher and board of trustees 
 
114 GENERAL SCHOOL LAW 
 
 for alleged unfitness or incompetence, or violation of rules, the 
 teacher may appeal to the county superintendent; and if the 
 superintendent decides that the removal was made without good 
 cause, the teacher so removed must be reinstated, and shall be 
 entitled to compensation for the time lost during the pending 
 of the appeal. (Act approved March n, 1895). 
 
 910. (Sec. 1849.) Suspension of Teacher's Certificate. 
 Should any teacher employed by the board of school trustees 
 for a specified time, leave the school before the expiration of 
 such time, without the consent of the trustees in writing, said 
 teacher shall be guilty of unprofessional conduct, and the county 
 superintendent is authorized, upon receiving notice of such fact, 
 to suspend the certificate of such teacher for the period of six 
 months. Should such teacher be the holder of a state certificate 
 or life diploma the county superintendent shall report the de- 
 linquency of the teacher to the state board of education who are 
 thereupon authorized to suspend said diploma for the period of 
 one year. (Act approved March n, 1895). 
 
 HOUSE BILL 74. 
 Lincoln's Birthday Legal Holiday. 
 
 "An A'ct to declare the twelfth day of February in each year 
 to be a legal holiday, to be known and designated as "Lincoln's 
 Birthday". 
 
 Be it enacted by the Legislative Assembly of the State of 
 Montana : 
 
 That the twelfth day of February in each year is hereby set 
 apart and declared to be a legal holiday, to be known and desig- 
 nated as Lincoln's Birthday. 
 
 Section 2. This Act shall be in full force and effect from and 
 after its passage and approval. 
 
 Approved February I3th, 1909. 
 
STATE OF MONTANA. 115 
 
 HOUSE BILL 31. 
 "Columbus Day." Twelfth day of October a public holiday. 
 
 "An Act to declare and make the I2th day of October of each 
 and every year a public holiday to be known as "Columbus Day." 
 
 Be it enacted by the Legislative Assembly of the State of 
 
 Montana: 
 
 Section i. The I2th day of October of each and every year 
 is hereby made and declared a public holiday to be known as 
 "Columbus Day," and shall be recognized, classed and treated 
 as other legal holidays under the laws of this state. 
 
 Section 2. This Act shall be in full force and effect from and 
 after its passage and approval. 
 
 Approved February i/th, 1909. 
 
 HOUSE BILL 97. 
 Fire drills in schools. 
 Fire alarm. 
 
 Installation of fire gongs. 
 Misdemeanor. 
 Penalty. 
 Failure or refusal to give instructions a misdemeanor. 
 
 "An Act to provide for fire drills in the schools of the state". 
 
 Be it enacted by the Legislative Assembly of the State of 
 Montana: 
 
 Section i. That in all schools of the state, either a public or 
 private, in which thirty or more are enrolled, it shall be the duty 
 of the teacher or teachers therein employed to instruct the 
 children under immediate control and charge once each week, 
 during school terms, in a fire. drill, as hereinafter provided. 
 
 Section 2. A fire alarm shall be given by striking a gong, 
 and immediately upon such alarm, the children shall be required 
 to immediattly form in line and leave the building in an orderly 
 manner, through the exit and exits that will most expeditiously 
 clear the building. There shall be no certain day of the week 
 or hour of the day, for giving such alarm, and they shall be 
 given without previous warning to the children. 
 
 Section 3. It shall be the duty of the trustees or directors, or 
 other persons having the control and management of any school 
 building of the class mentionel in section one of this Act, to pro- 
 vide one or more gongs therefor, to be placed in such a manner 
 that any teacher may give an alarm without leaving the room 
 
 
116 GENERAL SCHOOL LAW 
 
 or that such alarm could be given from the basement. Each mem- 
 ber of any board of trustees or directors, or any other person, 
 whose duty it is to. install said gongs as herein provided, who 
 fails or refuses so to do shall be guilty of a misdemeanor and 
 upon conviction shall be fined not less than five nor more than 
 fifty dollars. 
 
 Section 4. Any teacher who fails or refuses to instruct in 
 said fire drill in the manner provided for in this Act, after the 
 the installation, as above provided, shall be deemed guilty of 
 a misdemeanor and shall, upon conviction, be fined not less than 
 five nor more than twenty-five dollars. 
 
 Section 5. All Acts and parts of Acts in conflict herewith 
 are hereby repealed. 
 
 Section 6. This Act shall be in full force and effect from and 
 after July ist, 1909. 
 
 Approved February 25, 1909. 
 
 ARTICLE VIII. 
 
 Schools. 
 
 Section 911. Common school defined. 
 
 Section 912. Course of study. 
 
 Section 913. School day. 
 
 Section 914. Sectarian publications forbidden. 
 
 Section 915. School year. 
 
 Section 916. Free kindergartens. 
 
 Section 917. Pupils. 
 
 911. (Sec. 1860.) Common School Defined. A common 
 school is hereby defined to be one that is maintained at the 
 public expense in each school district, and under the supervision 
 of the board of trustees. Every common school not otherwise 
 provided for by law shall be open to the admission of all children 
 between the ages of six and twenty-one years residing in the 
 school district, and the board of trustees shall have the power 
 to admit children not residing in the district as hereinbefore 
 provided. (Act approved March n 1895). 
 
 Campana v. Calderhead, 17 Mont. 551; 44 Pac. 84. 
 
 912. Course of Study. All common schools shall be taught 
 in the English language. And instructions shall be given in 
 the following branches, viz: Reading, penmanship, written 
 arithmetic, mental arithmetic, orthography, geography, English, 
 grammar, physiology and hygiene. With special references to 
 
II 
 
 STATE OF MONTANA. 117 
 
 the effect of alcoholic stimulants and narcotics on the human 
 system. 
 
 History of the United States and of Montana. 
 
 Also a system of humane treatment of animals as embodied 
 in the laws of Montana. 
 
 Such instruction to consist of, at least, two (2) lessons of 
 not less than ten minutes each per week. 
 
 The principal or teacher in every school shall certify in each 
 of his or her reports that such instruction has been given in the 
 school under his or her control. 
 
 Attention must be given during the entire school course to 
 the cultivation of manners. To the laws of health. Physical 
 t. xercise. Ventilation and temperature of the school room. (Act 
 Approved Feb. 24th. 1903). (8th Sess. Chap. 23). 
 
 913. School Day. The school day shall be six hours in length, 
 exclusive of an intermission at noon ; but any board of trustees 
 in any district having a population of five hundred or more may 
 fix as the school day a less number of hours than six ; Provided, 
 that it be not less than four hours, except in the lowest primary 
 grades where the pupils may be dismissed after an attendance 
 of two hours. (Act approved March 8th, 1897, Sec. 7). (5th 
 Sess. Chap. 132). 
 
 914. (Sec. 1863.) Sectarian Publications Forbidden. No 
 publication of a sectarian, partisian or denominational character 
 must be used or distributed in any school or be made a part of 
 any school library; nor must any sectarian or denominational 
 doctrines be taught therein. Any school district, the offijcers of 
 which knowingly allow any school to be taught in violation of 
 these provisions, forfeits all rights to any state or county appor- 
 tionment of school moneys; and upon satisfactory evidence of 
 such violation, the superintendent of public instruction and 
 county superintendent must withhold both state and county ap- 
 portionments. (Act approved March n, 1895). 
 
 915. (Sec. 1764.) School Year. The school year shall begin 
 on the first day of September, and end on the thirty-first day of 
 August. (Act approved March n, 1895). 
 
 Jay v. School District, 24 Mont. 229; 61 Pac. 253. 
 
 916. Free Kindergarten. The school board of any school dis- 
 trict in the state shall have power to establish and maintain 
 free kindergartens in connection with the public schools of said 
 district, for the instruction of children between three and six 
 
118 GENERAL SCHOOL LAW 
 
 years of age, residing in said district and shall establish such 
 courses of training study and discipline, and such rules and 
 regulations governing such preparatory or kindergarten schools 
 as said board may deem best; Provided, that nothing in this Act 
 shall be construed to'change the law relating to the taking of the 
 census of the school population or the apportionment of state 
 and county school funds among the several counties and dis- 
 tricts in this state; Provided, further, that the cost of establish- 
 ing and maintaining such kindergartens shall be paid from the 
 school funds of said districts, and the said kindergartens shall 
 be a part of the public school system and governed as far as 
 practicable in the same manner and by the same officers as is 
 now, or hereafter may be, provided by law for the government 
 of the other public schools of the state ;Provided, further that 
 the teachers of kindergarten schools shall pass such examination 
 on kindergarten work as the kindergarten department of the 
 state normal school may direct, provided that a certificate from 
 a kindergarten teacher's institute of recognized standing shall 
 be recognized by the state normal school. (Ajct approved Feb- 
 ruary 1 6th, 1899, Sec. i). (6th Sess. 64-5). 
 
 SENATE BILL 87. 
 Dangerous communicable diseases. 
 Mode of prevention to be taught in public schools. 
 Duties of board of health regarding. 
 Duties of school boards. 
 Superintendent and teachers. 
 Dismissal for neglect to comply with Act. 
 
 School board refusing to comply with act guilty of misdemeanor. 
 All public schools included. 
 
 An Act to provide for teaching in the public schools the modes 
 by which the dangerous communicable diseases are spread and 
 the methods for the restriction and prevention of such diseases. 
 
 Be it enacted by the Legislative Assembly of the State of 
 Montana : 
 
 Section i. That there shall be taught in every year in every 
 public school in Montana the principal modes by which each of 
 the dangerous communicable diseases are spread, and the meth- 
 od for the restriction., and prevention of each such disease as 
 small pox, diphtheria, scarlet fever, measles, tuberculosis, chicken 
 pox, and such other diseases as may be named, and attention 
 
STATE OF MONTANA. 
 
 119 
 
 :alled to same by the board of heajth of this state. 
 
 Section 2. That said board shall annually send to the public 
 school superintendents and teachers throughout the state printed 
 data and statements which will enable them to comply with this 
 Act. 
 
 Section 3. That school boards are hereby required to direct 
 superintendents and teachers to give oral and black board in- 
 struction using the data and statements supplied by the state 
 board of health. 
 
 Section 4. That neglect or refusal on the part of any super- 
 intendent or teacher to comply with the provisions of this Act 
 shall be considered a sufficient cause for dismissal from the 
 
 ! school by the school board. 
 
 Section 5. That the member of any school board who shall 
 wilfully neglect or refuse to comply with any provisions of this 
 Act shall be deemed guilty of a misdemeanor and shall be sub- 
 ject to punishment by fine not exceeding one hundred dollars. 
 
 Section 6. That this Act shall apply to all public schools in 
 this state including schools in cities or villages whether incor- 
 porated under special charter or under the general law. 
 
 Approved February 25, 1909. 
 
 917. (Sec. 1870.). All pupils who may be attending public 
 schools shall comply with the regulations established in pur- 
 suance of law for government of such schools ; shall pursue the 
 required course of study, and shall submit to the authority of 
 the teachers of such schools. Continued and wilful disobedience 
 and open defiance of the authority of the teacher shall constitute 
 good cause for expulsion from school. Any pupil who shall in 
 any way, cut, deface or otherwise injure any school house, furni- 
 ture, fences or outbuilding thereof, or any book belonging to 
 other pupils, or any book belonging to the district library, shall be 
 liable to suspension and punishment, and the parent or guardian 
 of such pupil shall be liable for damages, on complaint of the 
 teacher or any trustee and upon proof of the same. (Act ap- 
 proved March n, 1895). 
 
 
120 
 
 GENERAL SCHOOL LAW 
 
 ARTICLE X. 
 
 Free County High Schools. 
 
 Section 918. Any county may establish free high schools. 
 
 Section 919. Petition for establishment and location. 
 
 Section 920. Election, voting. 
 
 Section 921. Canvass of returns. 
 
 Section 922. Special meetings for county commissioners. 
 
 Section 923. Trustee's oath, bond and term of office; vacancies. 
 
 Section 924. Quorum. Officers of board. 
 
 Section 925. Tax levy. Bonds for buildings. 
 
 Section 926. Submission to electors of question of bond isue. 
 
 Section 927. Payment of bonds. 
 
 Section 928. Assessment for maintenance. 
 
 Section 929. Record of board. Warrants. 
 
 Section 930. Sites. Leasing buildings. 
 
 Section 931. 'Employment of teachers. 
 
 iSection 932. Principal may make rules. 
 
 Section 933. Courses of Study. 
 
 Section 934. Admission of pupils. 
 
 Section 935. Pupils from adjoining counties. 
 
 Section 936. Compensation of trustees. 
 
 Section 937. Diploma to admit to state collegiate institutions. 
 
 Section 938. Prior Acts validated. 
 
 Section 939. Same. 
 
 Section 940. Bonds legalized. 
 
 918. Any County May Establish Free High School. Any 
 
 county in the state may establish a county free high school on 
 the condition and in the manner hereinafter prescribed, for the 
 purpose of affording better educational facilities for pupils more 
 advanced than those attending district schools. (Act approved 
 February 25, 1907, Sec. i). (loth Sess. Chap. 29). 
 
 919. Petition for Establishment and Location. Whenever 
 one hundred freeholders in any county shall petition the board 
 of county commissioners, requesting that a high school be es- 
 tablished in their county, the county clerk shall give twenty 
 days notice, by publication in the official paper of the county, 
 that such petition has been filed, and that any village, town or 
 city may become a candidate for the location of said high school 
 upon petition of not less than fifty freeholders of said village, 
 town or city, requesting that said place be named as a candidate 
 for the location of said high school. All nominations of places 
 for the location of said school shall be filed with the board of 
 county commissioners within thirty days from the date of the 
 first publication of said notice. Any number of places may be 
 
STATE OF MONTANA. 
 
 121 
 
 
 andidates for the location of said school but no freeholder shall 
 ppend his name to more than one petition. (Act approved 
 'ebruary 25, 1907, Sec. 2). (loth Sess. Chap. 29). 
 
 920. Election. Voting. At the expiration of thirty days 
 nun the date of the first publication of said notice, the county 
 ommissioners shall call an election and appoint precinct judges 
 nd clerks. Said election shall be conducted in accordance with 
 he general election laws of the state. The county clerk shall 
 
 ;ive twenty days notice of such election, by publication in the 
 )fficial paper of the county, that the question of establishing a 
 ounty free high school in said county, and the location thereof, 
 vill be submitted to the qualified electors of said county at a 
 lesignated time. The notice shall distinctly specify the places 
 vhich are candidates in the forthcoming election. The qualified 
 
 I Sectors shall vote, by ballot, for or against the establishment 
 )f a county free high school, and any elector who shall vote 
 for the establishment of a county free high school, and any 
 elector who shall vote for the establishment of the county free 
 high school, may vote for not more than one of the places named 
 upon said ballot as a candidate for the location of said school. 
 The ballot shall be, substantially in the following form : 
 For a County High School at 
 Helena, 
 Marysville, 
 
 Against a County High School 
 
 An elector desiring to vote for the establishment of a high 
 school, shall do so by placing an X before the name of the town 
 at which he desires the high school to be located, which shall 
 be a vote in favor of such town. An elector desiring to vote 
 against the establishment of a high school shall do so by placing 
 an X before the clause "Against a County High School", and 
 shall not vote for any town. (Act February 25, 1907, Sec. 3). 
 (loth Sess. Chap. 29). 
 
 921. Canvass of Returns. After the election, the ballots on 
 said quest in shall be canvassed in the manner provided for gen- 
 eral county elections, and. if the vote in favor of establishing a 
 county free high school shall be a majority of all votes cast 
 upon said proposition, the board of county commissioners shall 
 proceed to canvass the vote for the different candidates for the 
 location of said school, and the village, town or city having the 
 largest number of votes for the location of said school, provided 
 
 
122 GENERAL SCHOOL LAW 
 
 said number of votes be a majority of all votes cast in favor of 
 the measure, shall be declared to be the place for the location 
 thereof. If the election results in favor of establishing such high 
 school, and any candidate for its location has a majority, the 
 board of county commissioners, by an order duly entered on 
 their minutes, shall so declare this fact, and the board shall im- 
 mediately thereafter appoint six persons, residents and taxpayers 
 of the county, at least three of whom shall be residents of the 
 village, town or city, where the school is located, who shall, with 
 the county superintendent of schools, constitute a board of 
 trustees for said school. 
 
 In case of a tie vote between two or more of the candidates 
 having the highest numbeV of votes for the location of said school 
 the county commissioners shall immediately call another elec- 
 tion in the manner provided by law for general county elections, 
 at which the only question to be submitted shall be the location 
 of said school, and only the names of those candidates so tied 
 shall appear upon the ballot. (Act February 25, 1907, Sec. 4). 
 loth Sess. Chap. 29). 
 
 922. Special Meetings of County Commissioners. If such 
 petition is filed at any time when the board of county commis- 
 sioners is not in session, the county clerk shall notify the com- 
 missioners thereof, and a special meeting shall be held to call 
 the necessary election herein provided for. (Act February 25, 
 1907, Sec. 5.) (loth Sess. Chap. 29.) 
 
 923. Trustee's Oath, Bond and Term of Office; Vacancies. 
 The trustees of county free high schools, except the county 
 superintendent of schools, shall, within thirty days after appoint- 
 ment, qualify by taking the oath of office, and giving such bond 
 as may be required by the board of county commissioners for 
 the faithful discharge of their duties. Said trustees, first ap- 
 pointed, except the county superintendent of schools, shall be 
 divided into two classes of three each ; the term of office of 
 each class to be one and two years respectively, the respective 
 terms to be decided by lot. The term of office of those in the 
 first class shall expire one year from the third Saturday in April 
 following their appointment, and the term of those in the second 
 class, shall expire two years from the third Saturday in April 
 following their appointment. 
 
 The county commissioners shall appoint three trustees at their 
 regular quarterly meeting in March of each year, and shall fill 
 
STATE OF MONTANA 
 
 123 
 
 2 1 vacancies as soon as practicable after the same occur. 
 
 The term of office of trustees, other than the county superin- 
 
 t ;ndent of schools, except of those first appointed, as hereinbe- 
 
 f >re provided shall be for two years and until their successors 
 
 i re appointed and qualified. Appointments to fill vacancies shall 
 
 1 e for the remainder of the unexpired term, provided that, in 
 
 < 11 appointments of trustees under this Act, there shall be at 
 
 '. iast three trustees who are residents of the village, town or 
 
 ity in which said high school is located. Whenever any 
 
 acancy occurs in said board of trustees, from any cause, the 
 
 ecretary of the board shall immediately certify such vacancy 
 
 o the board of county commissioners, who shall fill such vacan- 
 
 ies within sixty days thereafter. Said board of high school 
 
 rustees shall be governed, as to the time and place of meeting, 
 
 is far as practicable, by the provisions of the general school 
 
 aw of the state. (Act February 25, 1907, Sec. 6). (loth Sess. 
 
 Chap. 29). 
 
 924. Quorum. Officers of Board. A majority of said board 
 shall constitute a quorum for the transaction of all business. At 
 their first meeting in each year the trustees shall choose, from 
 their number, a president, vice-president and a secretary, who 
 shall hold office for one year or until their successors have been 
 appointed and qualified, and said trustees shall have authority 
 to make all necessary rules for their government, not incon- 
 sistent with the law. The county treasurer of the county shall 
 be the treasurer of the board and the custodian of all funds 
 available for school purposes under the provisions of this Act. 
 Payments shall be made by said treasurer upon warrants drawn 
 against said funds duly signed by the president, or vice-presi- 
 dent and secretary. (Act February 25, 1907, Sec. 7). (loth 
 Sess. Chap. 29). 
 
 925. Tax Levy. Bonds for Buildings. At said first meeting, 
 or at some succeeding meeting called for such purpose, said 
 trustees shall make an estimate of the amount of funds needed 
 for building purposes, for payment of teachers' wages and for 
 payment of contingent expenses and they shall present to the 
 board of county commissioners a certified estimate of the rate 
 of tax required to raise the amount desired for suofe purposes, 
 and the board of county commisisoners must levy such tax as 
 as other county taxes are levied. But in no case shall the tax 
 for such purpose exceed in one year the amount of ten mills on 
 
124 GENERAL SCHOOL LAW 
 
 the dollar on the taxable property of the county, and when the 
 tax is levied for the payment of teacher's wages and for con- 
 tingent expenses only, it shall not exceed three mills on the 
 dollar. Provided, that said trustees may, if in their judgment 
 they think best, bond the county for the purpose of raising the 
 money necessary to build or purchase and equip the high school 
 herein provided for, and to purchase a suitable site therefor. 
 But no bonds shall ever be issued to pay for teachers' wages, 
 or for the general expenses in maintaining said school. (Act 
 February 25, 1907, Sec 8). (loth Sess. Chap. 29). 
 
 926. Submission to Electors of Question of Bond Issue. The 
 secretary of the board of county free high school trustees, when- 
 ever a majority of the board shall so decide, shall certify to the 
 board of county commissioners that they have decided to sub- 
 mit to the electors of the county the question whether county 
 bonds shall issue for the purpose of the erection or purchase of 
 a building for high school purposes and the equipment thereof,, 
 and for a suitable site therefor, and shall include in such certifi- 
 cate the amount of such bonds, which amount shall not exceed 
 the sum of one hundred thousand ($100,000.00) dollars in any 
 one county. Such bonds may run for a term of twenty years, 
 or less, but no longer, provided, that any such issue of bonds 
 shall not increase the indebtedness of any county beyond the 
 maximum limit fixed by the state constitution. That, as soon 
 as practicable after receiving such certificate, the board of county 
 commissioners shall proceed to submit the question of issuing 
 said bonds to the qualified electors of the county in the manner 
 provided by law for the issuance of other county bonds. If such 
 bonds are issued the county commissioners, at the time of mak- 
 ing the levy of taxes for county purposes each year, must levy a 
 tax for that year upon the taxable property in the county for 
 the interest and redemption of said bonds, and such taxes must 
 not be less than sufficient to pay the interest on said bonds for 
 that year and such proportion of the principal as is to become 
 due during such year, and, in any event, must be high enough 
 to raise annually, for the first half of the term, a sufficient sum- 
 to pay the interest thereon, and during the balance of the term, 
 high enou^/1 to pay said annual interest and to pay annually a 
 portion of the principal of said bond, equal to the sum produced 
 by taking the whole amount of said bonds outstanding and divid- 
 ing it by the number of years said bonds have to run, and all 
 
STATE OF MONTANA. 
 
 125 
 
 cn 
 
 ;" 
 
 tn 
 
 11 oney so levied, when collected, must be paid into the county 
 t:easury to the credit of the county free high school, kept in a 
 s ;parate fund, and be used for the payment of principal and 
 i: terest on said bonds, and for no other purpose; provided, how- 
 e /er, that the accumulated money may be invested as is provided 
 f >r the investment of money collected for the payment of school 
 ( istrict bonds. Said tax shall be levied and collected in the 
 s ime manner as other county taxes. (Act February 25, 1907, 
 ^ ec. 9). (loth. Sess. Chap. 29). 
 
 927. Payment of Bonds. Said bonds shall be paid, principal 
 i nd interest, in the manner provided for the payment of other 
 county bonds. (Act February 25, 1907, Sec. 10). (loth Sess. 
 ( ,'hap. 29). 
 
 928. Assessment of Maintenance. In case bonds are issued, 
 i he trustees, in making estimates for the maintenance of the high 
 j chool, shall not include estimates for building or other purposes 
 lor which said bonds are issued. (Act February 25th, 1907, 
 Sec. n.) (loth Sess. Chap. 29). 
 
 929. Record of Board; Warrants. The said board of high 
 .school trustees shall keep a record of all the official acts done by 
 said board, and shall keep a full record of all warrants issued 
 against moneys belonging to said county free high school. Pay- 
 
 nents of money can only be made upon warrants drawn against 
 >aid funds, belonging to said high school ; and the warrants so 
 Irawn must specify, upon their face, the purpose for which the 
 warrant is drawn. (Act February 25th, 1907, Sec. 12). (loth 
 Sess. Chap. 29). 
 
 930. Sites. Leasing Buildings. The said board of trustees 
 shall proceed, as soon as practicable after their appointment 
 and qualification, to select, at the place designated as the loca- 
 tion for the county free high school, the best site that can be 
 obtained, and the title thereto, upon securing said site by pur- 
 chase or otherwise, shall vest in the county ; the trustees shall 
 
 en proceed to make purchase of material, and to let such con- 
 racts for necessary school buildings as they may deem proper. 
 They shall not, however, make any purchase, or enter into any 
 contract, whereby obligations are assumed in excess of the 
 amount of funds on hand or available through the levy of taxes 
 for the current year, or the issuance of bonds. The trustees 
 may, at their discretion, lease suitable buildings for the use of 
 the high school while new buildings are in process of erection, 
 
126 GENERAL SCHOOL LAW 
 
 or may contract with the trustees of the local school district, or 
 any other parties, for the use of suitable buildings for high school 
 purposes for such time as may be deemed best for the interests 
 of the county. (Act Feb. 25th, 1907, Sec. 13). (loth Sess. 
 Chap. 29). 
 
 931. Employment of Teachers. After suitable buildings are 
 secured, as herein before provided, for the carrying on of the 
 county free high school, the trustees shall employ some suitable 
 person to take charge of said school, who shall possess such 
 qualifications as are now required to be possessed by a city super- 
 intendent of schools, except that said principal shall not be re- 
 quired to possess more than three years experience in teaching; 
 and the trustees shall furnish such assistant teachers as they 
 may deem necessary, and shall designate the salaries which shall 
 be paid to said principal and assistant teachers. (Act February 
 25th, 1907, Sec. 14). (loth Sess. Chap. 29). 
 
 932. Principal May Make Rules. The principal of any such 
 high school with the approval of the board of trustees shall make 
 such rules and regulations as he may deem proper in regard to 
 the studies, conduct and government of the pupils under his 
 charge ; and if any such pupils will not conform to, nor obey, the 
 rules of the school, they may be suspended or expelled there- 
 from by the board of trustees. (Act February 25th, 1907, Sec. 
 15). (loth Sess. Chap. 29). 
 
 933. Course of Study. There shall be provided such courses 
 of study as will properly fit the student attending said high school 
 for admission to the collegiate class of any of the state educa- 
 tional institutions, and such courses of study shall contain the 
 work now provided for accredited high schools by the state 
 board of education. (Act February 25th, 1907, Sec. 16). (loth 
 Sess. Chap. 29). 
 
 934. Admission of Pupils. Tuition shall be free to all pupils 
 residing in the county where the school is located. The board 
 of trustees slhall make such rules and regulations as they 
 deem proper in regard to age and grade of attainments essential 
 to entitle pupils to admission to such school ; provided, that no 
 person shall be admitted to such high school who shall not have 
 passed a satisfactory examination or who does not hold an eighth 
 grade common school certificate. If there should be more ap- 
 plicants than can be accommodated at any one time, each dis- 
 trict shall be entitled to send its equal number of pupils, ac- 
 
STATE OF MONTANA. 
 
 127 
 
 c )rding to the number of pupils it may have as shown by the last 
 i .'port to the county superintendent of schools ; and the boards 
 ( f the respective school districts shall designate such pupils as 
 i lay attend, subject to the proviso above. (Act February 25, 
 907, Sec. 17). (loth Sess. Chap. 29). 
 
 935. Pupils From Adjoining Counties. If, at any time, the 
 chool can accomodate more pupils than apply for admission 
 rom the county in which the school is situated, the vacancies 
 lay be filled by applications from other counties, upon the pay- 
 nent of such tuition as the board of trustees may prescribe ; but 
 t no time shall such pupils continue in such school to the ex- 
 
 . lusion of pupils residing in the county in which such school is 
 ocatecl. (Act February 25, 1907, Sec. 18.) (loth Sess. Chap. 29.) 
 
 936. Compensation of Trustees. The trustees who do not 
 eside at the place where said high school is established are en- 
 ;itled to mileage in attending the meetings o'f the board. The 
 :rustees of said high school shall serve without compensation, 
 Dtit may pay their secretary such reasonable compensation as 
 .nav be determined, and the board shall make such reports, from 
 time to time, as the county superintendent of schools, or the state 
 superintendent of public instruction, may require. (Act ap- 
 
 proved February 25, 1907, Sec. 19). (loth Sess. Chap. 29). 
 937. Diploma to Admit to State Collegiate Institutions. 
 Upon the presentation of a certificate of graduation from any 
 such county high school, within eighteen months from the date 
 
 of the same, to any state institution of learning, the person, 
 presenting the same, may be admitted without further examina- 
 tion to said institution of learning. (Act February 25, 1907, 
 Sec. 20). (loth Sess. Chap. 29). 
 
 938. Prior Acts Validated. All acts and things of any kind 
 whatsoever, done by any board of county free high school 
 trustees, or by any board of county commissioners, of this state 
 
 fior to the passage of this Act, under the provisions of the Act 
 March 3, 1899, f r tne establishment of county free high 
 hools, or under the Act of March 14, 1901, or the Act of March 
 5. KJO.V anu-ndino- certain sections of the Act of March 3, 1899, 
 shall be and are hereby ratified and declared to be valid, and of 
 full force and effect. (Act February 25, 1907, Sec. 21) (loth 
 Sess. Chap. 29). 
 
 939. Same. That all Acts heretofore done by any board of 
 county commissioners in this state in connection with the sub- 
 
128 GENERAL SCHOOL LAW 
 
 mission to the electors of their county of the question of es- 
 tablishing- and locating a county free high school, and upon which 
 acts such question was in fact submitted to the electors of such 
 county, and a majority of all votes cast at such election were in 
 favor of the establishment and location of such high school and 
 so found and declared by the board of county commissioners, 
 shall be, and are hereby ratified and declared to be valid and of 
 full force and effect. (Act approved March i, 1907, Sec. I. 
 (loth Sess. Chap. 61). 
 
 940. Bonds Legalized. That all bonds issued or authorized 
 to be issued, at any time prior to the passage of this Act, by 
 the board of trustees of any county free high school in this state, 
 where the question of the issuance of the same was first sub- 
 mitted by said trustees to the electors of the county and a 
 majority of all votes cast at such election were in favor of said 
 bond issue, and so found and declared by said board of trustees, 
 are hereby ratified and declared to be valid and legal obligations 
 and of full force and effect. (Act approved March i, 1907, Sec. 
 2). (loth Sess. Chap. 61). 
 
 ARTICLE XL 
 Duties of County Treasurer. 
 
 941. (Sec. 1880.) It shall be the duty of the county treasurer 
 of each county. 
 
 1. To receive and hold all school moneys as special deposit, 
 and to keep a separate account of their disbursements to the 
 several school districts which shall be entitled to receive them 
 according to the apportionment of the county superintendent of 
 common schools. 
 
 2. To notify the county superintendent of common schools 
 of the amount of county school fund in the county treasury sub- 
 ject to apportionment whenever required, and to inform said 
 county superintendent of the amount of school moneys belonging 
 to any other fund subject to apportionment. 
 
 3. To pay all warrants drawn on county or districts school 
 moneys in accordance with the provisions of this title, whenever 
 such warrants are countersigned by the district clerk and prop- 
 erly endorsed by the holders. 
 
 4. To make annually, during the month of October, in each 
 year, a financial report for the last school year and fiscal year 
 
i 
 
 n 
 
 STATE OF MONTANA. 129 
 
 ( tiding with June thirtieth, to the county superintendent of com- 
 i ion schools, in such form as may be required by him. (Act 
 , pproved March n, 1895). 
 
 ARTICLE XII. 
 
 Duties of County Clerk, Clerk of District Court, and the Justices 
 
 of the Peace. 
 
 Section 942. Duty of county clerk. 
 Section 943. Duty of clerk of district court. 
 Section 944. Duty of justice of the peace. 
 Section 945. Penalty. 
 
 942. (Sec. 1890.) Duty of County Clerk. It shall be the 
 duty of the county clerks of the several counties of the state 
 to make a report to the county superintendent of common schools 
 within their counties, during the month of September in each 
 year, of the school tax levied and the assessed valuation of the 
 proper counties for that year. (Act approved March n, 1895). 
 
 943. (Sec. 1891.) Duty of Clerk of District Court. It shall 
 be the duty of the clerk of the district court, at the close of 
 every term thereof, to report to the county superintendent of 
 the county in which said term shall have been held, whether 
 or not any fines, and if any, what ones, were imposed by said 
 court during the said term. (Act approved March n, 1895). 
 
 Jay v. School District, 24 Mont. 228; 61 Pac. 253. 
 
 944. (Sec. 1892.) Duty of Justice of the Peace. It shall be 
 the duty of each justice of the peace of each county to report 
 to the county superintendent during the month of September 
 in each year, whether or not they have imposed and collected 
 any fines during the preceding year, and if any, what ones, with 
 the date at which the same were paid to the county treasurer. 
 
 Act approved March n, 1895). 
 
 Jay v. School District, 24 Mont. 228; 61 Pac. 253. 
 
 945. (Sec. 1893.) Penalty. All officers mentioned in Sec. 
 942 (1890), 943 (1891), and 944 (1892), of this title who shall 
 fail or neglect to perform any of the duties required by this title 
 shall be deemed guilty of a misdemeanor, and upon conviction 
 before any court having competent jurisdiction thereof, shall be 
 fined in any sum not less than twenty dollars and not more than 
 one hundred dollars for each neglect ; and such fine shall be paid 
 into the county treasury for the benefit of the common schools 
 in said county. (Act approved March n, 1895). 
 
 
130 GENERAL SCHOOL LAW 
 
 ARTICLE XIII. 
 
 Teachers' Institutes. 
 
 Section 946. Teachers' institutes to be held yearly. 
 
 Section 947. SaJme. 
 
 Section 948. Length of session. 
 
 Section 949. Teachers must attend. 
 
 Section 950. High school teachers exempt. 
 
 Section 951. "Institute fund." 
 
 Section 952. Expenses of institutes. 
 
 946. Teachers' Institutes to be Held Yearly. The county 
 superintendent in every county in which there are five or more 
 school districts must hold one teachers' institute in each year, 
 and every teacher employed in a public school in the county 
 must attend the institute and participate in its proceedings ; pro- 
 vided, that whenever the state superintendent and two or more 
 county superintendents deem it advisable, a joint institute con- 
 sisting of the teachers of two or more counties, may be held 
 at any convenient place within such counties to be selected and 
 agreed upon by their superintendents. (Act approved March 7, 
 1907, Sec. i). (loth Sess. Chap. 148). 
 
 947. (Sec. 1901.) Same. In any county where there are 
 less than five school districts the county superintendent may 
 after conference with the superintendent of public instruction, 
 hold an institute. (Act approved March n, 1895). 
 
 948. Length of Session. Each session of the institute must 
 continue not less than three nor more than ten days. (Act ap- 
 proved March 8th, 1897, Sec. 8). (5th Sess. 132-3). 
 
 949. Teachers Must Attend. When the county superinten- 
 dent, after conference with the state superintendent, has appoint- 
 ed a time for holding the teachers' institute in his county, it 
 shall be his duty to give written notice of the time and place of 
 holding such institute to every board of school trustees within 
 his county, and to all the teachers of the county, at least thirty 
 days before the opening of such institute. It shall be the duty 
 of all boards of school trustees through their clerks, to notify 
 each and all of the teachers within their districts of the time 
 and place of holding the institute and to direct each and all of 
 their teachers to close their several schools for the purpose of 
 attending the institute. Each and every teacher engaged in 
 teaching a term of school in any district during the time 
 of the institute shall close his or her school during such time 
 and shall attend the institute and take active part in the same 
 

 STATE OF MONTANA. 
 
 without luss of salary for the actual time spent in attending the 
 institute and for the actual time spent in going- to and returning 
 from the same. The county superintendent shall in all cases 
 keep and preserve a record of the actual time spent by each 
 teacher of his or her county at the institute and shall furnish both 
 ea each teacher and to his board of school trustees a certificate of 
 the time spent by said teachers at the institute. Wilful failure on 
 the part of any teacher to attend the institute shall be con- 
 sidered sufficient cause for the revocation of such teacher's certi- 
 ficate by the county superintendent; Provided, however, that the 
 county superintendent may, in his discretion, excuse any teacher 
 from attending the institute who could not attend same without 
 great and excessive inconvenience, cost, expense, and loss of 
 time. Wilful failure on the part of the board of school trustees 
 of any school district to close their schools, during the time of 
 the holding of the institute as herein required, shall be considered 
 sufficient cause for withholding the public moneys to which such 
 district would otherwise be entitled ; provided, however, that, 
 in the case of boards of school trustees as in the case of teachers 
 the great distance of any school district from the place of holding 
 the institute, excessive "loss of time, inconvenience, and cost, 
 shall be considered good grounds on which the county superin- 
 tendent, under authority and direction from the state superin- 
 tendent, may excuse any board of school trustees from closing 
 their school at such times and from observing the above require- 
 ments. (Act approved March 2, 1905). (Qth Sess. Ghap. 60). 
 
 950. High School Teachers Exempt. All high school teachers 
 are hereby exempt from the requirements of this Act. (Act ap- 
 proved March 2, 1905, Sec. 2). (9th Sess. Chap. 60). 
 
 951. "Institute Fund". For the purpose of defraying the ex- 
 penses of the institute mentioned in said Section 949 (1904), 
 there shall be an institute fund created as follows : 
 
 First: All moneys received from the issuance of teachers' 
 certificates by the county superintendent. 
 
 Second : Moneys received from appropriations by boards of 
 county commissioners ; and every board of county commissioners 
 in each county in which a teachers' institute may be held is 
 hereby authorized and directed to appropriate for said "institute 
 fund'' as follows : 
 
 Counties of the first class not less than $250 nor more than 
 $350. Counties of the second class not less than $250 nor more 
 
132 GENERAL SCHOOL LAW 
 
 than $300. Counties of the third, fourth, fifth and sixth classes 
 not less than $200 nor more than $250. Counties of the seventh 
 and eighth classes, not less than $100 nor more than $200. (Act 
 approved March 7, 1907, Sec. 2). (roth Sess. Chap. 148). 
 
 952. (Sec. 1905.) Expenses of Institutes. The county 
 superintendent must keep an accurate account of the actual ex- 
 penses of the institute, with vouchers for the same, and present 
 the bill to the county commissioners, who shall allow the same ; 
 Provided, that such amount shall not exceed that specified in 
 the last preceding section of this title. (Act approved March n, 
 1895). 
 
 ARTICLE XIV. 
 
 Examinations and Certificates. 
 
 Section 953. Examination of teachers. 
 
 Section 954. County board of educational examiners. 
 
 Section 955. Compensation of board of examiners. 
 
 'Section 956. Qualifications of examiners. 
 
 Section 957. Duties of examiners. 
 
 Section 958. Grades of certificates, temporary certificates. 
 
 Section 959. Qualifications of teachers. 
 
 Section 960. -Charges for certificates. 
 
 Section 961. Revocation of certificates. 
 
 Section 962. Custody of examination papers. 
 
 Section 963. Status of three year graduate of state normal school. 
 
 Section 964. Status of four year graduate of state normal school. 
 
 953. Examination of Teachers. The county superintendent 
 shall hold public examinations of all persons, over eighteen years 
 or age, offering themselves as candidates for teachers of common 
 schools, at the county seat, on the last Friday in February, 
 April, August and November of each year, and when necessary, 
 such examinations may be continued on the following day, at 
 which time he shall examine them by series of written or printed 
 questions, according to the rules prescribed by the superinten- 
 dent of public instruction. If the percentage of correct answers 
 required by. the rules, and other evidence disclosed by the exam- 
 ination, including particularly the superintendent's knowledge 
 and information of the candidates successful experience, the ap- 
 plicant is found to be a person of good moral character, to 
 possess a knowledge and understanding, together with aptness to 
 teach and govern which shall enable such applicant to teach in 
 
STATE OF MONTANA. 
 
 133 
 
 the common schools of the state the various branches required 
 by law, said superintendent shall grant to such applicant a 
 certificate of qualification. (Act approved March I4th, 1901, 
 Sec 6). (;th Sess. 123-4). 
 
 954. County Board of Educational Examiners. That in each 
 county there shall be a board of county examiners composed of 
 the county superintendent of schools who shall be ex-officio 
 chairman of the board, and two competent persons to be ap- 
 pointed by the board of county commissioners, who at the time 
 of their appointment shall be residents of the county and shall 
 have been actively engaged in teaching for a period of at least 
 eighteen months. Two members of this board shall constitute 
 a quorum for the transaction of business. Those first to be 
 appointed shall serve for one and two years respectively from the 
 first day of April, 1907, and until their successors are duly 
 appointed and qualified. If vacancies occur in these positions 
 during the terms for which their incumbents were appointed, 
 their successors shall be apopinted to serve during their unex- 
 pired terms only. Upon the expiration of the regular terms 
 of either of these examiners his successor shall be appointed 
 to serve for two years. (Act approved February 27, 1907, Sec. 
 i). (loth Sess. Chap. 47). 
 
 955. Compensation of Board of Examiners. The compensa- 
 tion of these examiners shall be their actual traveling expenses 
 from their residences to and from the county seat or other point 
 in the county where the examinations are held, and such further 
 compensation per diem as the board of county commissioners 
 may deem just and sufficient for their services, basing such 
 compensation upon the actual quantity of work performed by 
 them and the actual time required to perform it. (Act approved 
 Feb. 27, 1907, Sec. 2). (loth Sess. Chap. 47). 
 
 956. Qualifications of Examiners. Such examiners at the 
 time of their appointment must be holders of Montana profes- 
 sional county certificates, or state certificates, or life diplomas, 
 or diplomas from the state university, state normal college, or 
 state college >f agriculture and mechanic arts, or holders of 
 diplomas as graduates from some reputable university, college, 
 or normal school other than those of Montana. These examiners 
 shall qualify for their positions in the same form and manner 
 required for the qualifications of all county superintendents. 
 (Act approved February J~, 1907, Sec. 3). (loth Sess. Chap. 
 
134 GENERAL SCHOOL LAW 
 
 957. Duties of Examiners. The duties of these two exam- 
 iners shall be to act jointly and equally with the county super- 
 intendent in the matter of conducting the examination of teachers 
 and in the marking and grading of papers submitted by them 
 as the results of the examination. This board of examiners 
 shall also conduct all eighth grade examinations in their 
 respective counties when requested to do so by the state board 
 of education to conform with their rules and regulations, and it 
 shall be empowered to grant eighth grade diplomas or common 
 school certificates to all examinees successfully passing such 
 examination. (A'ct approved February 27, 1907, Sec. 4). (loth 
 Sess. Chap. 47). 
 
 958. Grades of Certificates. Temporary Certificates. County 
 certificates shall be of four grades. The professional grade for 
 a term of not less than four years, and the first grade certificate 
 for a term of not less than three years, and the professional and 
 first grade certificates shall be good and valid for as long as the 
 holder thereof continues teaching and gives the county superin- 
 tendent satisfactory evidence of progress and efficiency, the 
 second grade certificate shall be valid for a term of two years, 
 and the third grade certificate shall be valid for a term of one 
 year, according to the ratio of correct answers of the applicant 
 and other evidences of qualification appearing from the examina- 
 tion. No certificate shall be granted unless the applicant shall 
 be found proficient in and qualified to teach the following 
 branches of a common English education : penmanship, ortho- 
 graphy, reading, writing, arithmetic, mental arithmetic, geo- 
 graphy, English grammar, physiology and hygiene, U. S. History, 
 and theory and practice of teaching. In addition to the above, 
 applicants for a second grade certificate shall pass a satisfactory 
 examination in civics of the United States and Montana, and 
 physical geography; applicants for a first grade certificate shall 
 pass an examination in civics of the United States -and Montana, 
 physical geography, American literature and elementary algebra ; 
 applicants for a professional grade certificate shall pass an exam- 
 ination in civics of the United States and Montana, physical 
 geography, American literature, elementary algebra, physics and 
 plane geometry. No person shall be employed as teacher in high 
 school or as the principal teacher of a school of more than two de- 
 partments, who is not the holder of a professional county certifi- 
 cate or the holder of a life or state diploma, issued by the state 
 
N 
 
 STATE OF MONTANA. 135 
 
 tion of the state of Montana, or who is not a grad- 
 uate of some reputable university, college or normal school. The 
 percentages required to pass any branch shall, by standing rule, 
 be prescribed by the superintendent of public instruction. In 
 addition to these regular grades of certificates, the county 
 superintendent may grant a temporary certificate to teach until 
 the next regular examination, to any person applying at any 
 other time than at a regular examination, who can show satis- 
 factory reasons for failing to attend such examination, subject 
 to rules and regulations to be prescribed by the superintendent 
 of public instruction. Such temporary certificate shall not be 
 granted more than once to the same person ; Provided, that where 
 a temporary certificate has been duly issued to any teacher, and 
 that it is impossible, by reason of sickness or other unavoidable 
 accident, for such teacher to attend the next regular exam- 
 ination, such teacher, upon due ann sufficient proof certified 
 to the county superintendent, who shall certify the facts to the 
 state superintendent of public instruction, who may authorize 
 the county superintendent to issue a second permit or may re- 
 quire the teacher to take a private examination. The written 
 answers of all candidates, for county certificates after being duly 
 examined by the county superintendent, shall be kept by him 
 during his term of office, and any candidate thinking an injustice 
 has been done to him or her, by paying a fee of two dollars into 
 the institute fund of the county and by notifying both county 
 and state superintendent of the same, shall have his or her paper 
 re-examined by the superintendent of public instruction. The 
 county superintendent shall upon receipt of such notice from 
 said complaining candidate, transfer said paper to the superin- 
 tendent of public instruction, who shall re-examine the same and 
 if the answers warrant it shall instruct the county superinten- 
 dent to issue to such complaining candidate a county certificate 
 of proper grade and the county superintendent shall carry out 
 such instructions. (Act approved March 4th, 1897, Sec. i). 
 (5th Sess. 146-148). 
 
 959. Qualifications of Teachers. No certificate to teachers in 
 the public schools of Montana shall be granted to any person, 
 who is not a citizen of the United States, or who has not declared 
 his intention to become a citizen. Any teacher now holding a 
 certificate, who is not a citizen of the United States will be 
 allowed six months time in which to declare his intention to be- 
 
 
136 GENERAL SCHOOL LAW 
 
 come a citizen, or else have his certificate revoked. No regular 
 or temporary certificate to teach shall be issued to any person 
 under the age of eighteen years, and no professional or first 
 grade certificate shall be issued to any person who has not 
 taught successfully twelve months; and a third grade certificate 
 shall not be issued more than twice to the same person. Third 
 and second grade certificates shall be valid only in the county 
 where issued. A professional or first grade certificate shall be 
 valid in any county in the state upon indorsement as hereinafter 
 provided, and shall be renewed by the county superintendent 
 upon the proper fee being paid to the institute fund as provided 
 for in case of examination; provided, that no professional or 
 first grade certificate shall be renewed unless the applicant has 
 taught at least ten months during the life of said certificate. 
 Said professional or first grade certificate shall be renewed by 
 the county superintendent by his indorsement thereon, upon the 
 payment of the same fee as is required by law for examinations ; 
 provided further, that whenever application is made by a holder 
 of an unexpired^ first grade, second grade, or third grade Montana 
 certificate for examination for any higher grade certificate, and 
 it shall be made to appear to the county superintendent that 
 such applicants have been engaged in teaching in any of the 
 public schools of the state for a period of one year or more, the 
 said applicant shall be entitled to be credited with the per- 
 centage of his or her last examination for said first, second or 
 third grade certificate, as the case may be and shall not be re- 
 quired to be examined in any studies except the additional ones 
 prescribed for such certificates, and such other studies that the 
 applicant may not have secured the required percentage upon 
 previous examination ; provided, further, that to excuse any 
 candidate from taking the examination upon any branch at his, 
 or her last previous examination at least 80% per cent. No per- 
 son shall be employed or permitted to teach in any of the public 
 schools of the state who is not a holder of a lawful certificate 
 of qualification to teach. Any contract made in violation of this 
 section shall be void ; provided, that the special certificate in pen- 
 manship, drawing, modern language and music shall be granted 
 upon request of the majority of the members of any board of 
 trustees; such special certificate to be valid for three years and 
 shall entitle the holder to teach only such special branch or 
 branches stated in said certificate ; provided, further, that if the 
 
STATE OF MONTANA. 
 
 137 
 
 ttendance upon the aforesaid examination of teachers at the 
 ounty seat shall work a great hardship to one or more teachers, 
 n the county, the county superintendent, upon application of 
 
 ihe state superintendent,, may provide for such teachers to take 
 he examination at some convenient place, and the county 
 uperintendent may appoint some suitable person to cgn- 
 luct such examination, under the rules and regulations 
 Described by the state superintendent of public instruction. 
 k 'Act approved March 3, 1905). (9th Sess. Chap. 77). 
 
 960. (Sec. 1913.) Charges for Certificates. Every applicant 
 :"or a county certificate shall pay one dollar to the county super- 
 .ntendent, which shall be used by him in the support of teachers' 
 institutes in the county. (Act approved March n, 1895). 
 
 961. (Sec. 1914.) Revocation of Certificates. The county 
 superintendent is authorized and required to revoke and annul 
 at any time a certificate granted by him or his predecessor for 
 any cause which would have authorized or required him to re- 
 fuse to grant it if known at the time it was granted, and for 
 incompetency, immorality, intemperance, cruelty, crime against 
 the state law, refusal to perform his duty, or general neglect 
 of the business of the school. The revocation of the certificate 
 shall terminate the employment of such teacher in the school in 
 which he or she may at the time be employed, but the teacher 
 must be paid up to the time of receiving notice of such revoca- 
 tion. (Act approved March n, 1895). 
 
 962. (Sec. 1915.) Custody of Examination Papers. The 
 questions prepared by the superintendent of public instruction 
 when received by the county superintendent shall not be opened 
 or the seal thereof broken until the day of examination. And 
 the county superintendent is prohibited from furnishing or giv- 
 
 ng to any person or persons any information concerning the 
 question prepared by the state superintendent. (Act approved 
 March 11, 1895). 
 
 963. Status of Three Year Graduates of State Normal School. 
 All graduates of the state normal school who have completed 
 and graduated in the professional course of the three years' 
 course of said school and received a diploma, certifying that 
 either of the said courses, has been completed, shall, on the 
 registry of said diploma in the office of the state superintendent 
 of public instruction, be entitled to teach in the public schools 
 of the State of Montana without other or further examination for 
 
138 GENERAL SCHOOL LAW 
 
 the term of three years after such graduation and such graduates 
 shall, on furnishing to the state board of education satisfactory 
 evidence of having successfully taught in the public schools of 
 the state for a term of two years, be entitled to receive from 
 said board a life diploma. (Act approved February 22nd, 1899, 
 Sec. i). (6th Sess. 51-2). 
 
 964. Status of Four Year Graduates State Normal School. 
 All graduates of the said state normal school who have com- 
 pleted and graduated in the four years' course of said school 
 and received a diploma certifying that said course has been com- 
 pleted, shall, on the registry of said diploma in the office of the 
 state superintendent of public instruction, be entitled to teach 
 in the public schools of the State of Montana, without other or 
 further examination, for a term of three years after such gradua- 
 tion, and on furnishing to the state board of education satis- 
 factory evidence of having succssfully taught in the public 
 schools of Montana for a period of one year, shall be entitled 
 to receive from such board a life diploma. (Act approved Feb- 
 ruary 22nd, 1899, Sec. 2). (6th Sess. 52). 
 
 ARTICLE XV. 
 
 Compulsory Attendance. 
 
 Section 9<65. Cbmpullsory attendance. Excuses. 
 
 Section 966. Employment of children under fourteen prohibited. 
 
 Section 967. Employment oif children between fourteen and sixteen. 
 
 Section 968. Juvenile disorderly persons. 
 
 Section 969. Truant officers, powers and duties. 
 
 Section 970. Duties of principals, teachers and clerks. 
 
 Section 971. Prosecution of truants. 
 
 Section 972. Commitment to industrial school. 
 
 Section 973. Pauper children. 
 
 965. Compulsory Attendance. Excuses. All parents guard- 
 ians and other persons who have care of children, shall instruct 
 them, or cause them to be instructed in reading, spelling, writ- 
 ing, English grammar, geography, physiology and hygiene, and 
 arithmetic. Every parent, guardian or other person having 
 charge of any child between the ages of eight and fourteen years 
 shall send such child to a public, private, or parochial school, for 
 the full time that the school attended is in session, which shall 
 in no case be for less than sixteen weeks during any current 
 year, and said attendance shall begin within the first week of 
 
STATE OF MONTANA. 
 
 139 
 
 th school term, unless the child is excused from such attendance 
 b} the superintendent of the public schools, in city and other 
 di tricts having such superintendent, or by the clerk of the board 
 of trustees in village and township districts not having such 
 st Derintendent, or by the principal of the private, or parochial 
 sc lool, upon satisfactory showing, either that the bodily or men- 
 ts condition of the child does not permit of its attendance at 
 sc lool, or that the child is being instructed at home by a person 
 q alified, in the opinion of the superintendent of schools in city 
 o: other districts having such supperintendent, or the clerk of 
 tl e board of trustees in village or township districts not having 
 si ch superintendent, to teach the branches named in this section, 
 o that there is no school taught the required length of time 
 \\ ithin 2 1/2 miles of the residence of such child by the nearest 
 ti aveled road : provided, that no child shall be refused admission 
 t( any public school on account of race or color. In case such 
 s iperintendent, principal or clerk refuse to excuse a child from 
 a :tendance at school, an appeal may be taken from such decision 
 t<> district court of the county, upon giving a bond, within ten 
 days after such refusal, to the approval of said court, to pay all 
 c )sts of the appeal, and the decision of the district court in the 
 matter shall be final. All children between the ages of fourteen 
 and sixteen years, not engaged in some regular employment, 
 snail attend school for the full term of the schools of the district 
 i:i which they reside are in session during the school year, unless 
 excused for the reason above named. Any parent, guardian, or 
 ether person, having care of a child between the ages of eight 
 and fourteen years, who shall, in violation of the provisions of 
 this section, fail to place such child in school at the commence- 
 ment of the annual school term within the time prescribed in 
 1his section, shall upon conviction, be fined not less than five 
 <lollars nor more than twenty dollars. (Act approved March 3rd, 
 :903, Sec. i). (8th Sess. Chap. 45). 
 
 966. Employment of Children Under Fourteen Prohibited. 
 .'Mo child under fourteen years of age shall be employed or be 
 :n the employment of any person, company or corporation during 
 ;he school term and while the public schools are in session, unless 
 such child shall present to such person, company or corporation 
 and age and schooling certificate herein provided for. An age 
 age and schooling certificate shall be approved only by the 
 superintendent of schools, or by a person authorized by him, 
 
 
140 GENERAL SCHOOL LAW 
 
 in city or other districts having such superintendent, or by the 
 the clerk of the board of trustees in village and township dis- 
 tricts not having such superintendent, upon a satisfactory proof 
 of the age of such minor and that he has successfully completed 
 the studies enumerated in Sec. 965 of this article ; or if between 
 the ages of fourteen and sixteen years, a knowledge of his or her 
 ability to read and write legibly the English language. The age 
 and schooling certificate shall be formulated by the superinten- 
 dent of public instruction and the same furnished, in blank, by 
 the clerk of the board of trustees or the clerk of the district. 
 Every person, company, or corporation employing any child 
 under sixteen years of age, shall exact the age and schooling 
 certificate prescribed in this section, as a condition of employ- 
 ment and shall keep the same on file, and shall upon the request 
 of the truant officer hereinafter provided for, permit him to 
 examine such age and schooling certificate. Any person, com- 
 pany, or corporation, employing any minor contrary to the pro- 
 visions of this section shall be fined not less than twenty-five 
 nor more than fifty dollars for each and every offense. (Act 
 approved March 3rd, 1903, Sec. 2). (8th Sess. Chap. 45). 
 
 967. Employment of Children Between Fourteen and Sixteen. 
 All minors over the age of fourteen and under the age of six- 
 teen years, who cannot read and write the English language shall 
 be required to attend school as provided in Sec. 965, of this 
 article and all the provisions of said section shall apply to said 
 minors; provided, that such attendance shall not be required of 
 such minors after they have secured a certificate from the super- 
 intendent of schools in districts having superintendents, or the 
 clerk of the board of trustees in districts not having super- 
 intendents, that they can read, and write the English language. 
 No person, company or corporation, shall employ any such minor 
 during the time schools are in session, or having such minor 
 in their employ shall immediately cease such employment, upon 
 notice from their employer shall immediately cease such employ- 
 ment, upon notice from the truant officer who is hereinafter pro- 
 vided. Every person, company or corporation violating the pro- 
 visions of this section shall be fined not less than twenty-five 
 nor more than fifty dollars for each and every offense. (Act 
 approved March 3rd, 1903, Sec. 3). (8th Sess. Chap. 45). 
 
 968. Juvenile Disorderly Persons. Every child between the 
 ages of eight and fourteen years, and every child between the 
 
STATE OF MONTANA. 
 
 141 
 
 of fourteen and sixteen years unable to read, and write the 
 E iglish language, or not engaged in some regular employment 
 a; d who is an habitual truant from school, or who absents itself 
 h bitually from school, or who while in attendance at any public, 
 ivate, or parochial school, is incorrigible, vicious, or immoral 
 nduct, or who habitually wanders about the streets and 
 ic places during school hours having no business or lawful 
 
 cupation, shall be deemed a juvenile disorderly person and be 
 s ibject to the provision of this act. (Act approved March 3rd, 
 
 1 K>3, Sec. 4.) (8th Sess. Chap. 45). 
 
 969. Truant Officers. Powers and Duties. To aid in the 
 e iforcement of this act, truant officers shall be appointed and em- 
 p loyed as follows : In city districts the board of trustees shall 
 a )point and employ one or more truant officers ; in villages and 
 t nvnship districts the trustees shall appoint, if they deem it 
 advisable, a constable or other person as truant officer. The 
 c >mpensation of the truant officer shall be fixed and paid by the 
 toard appointing him. The truant officer shall be vested with 
 police powers, the authority to serve warrants, and have author- 
 i ;y to enter workshops, factories, stores, and all other places 
 where children may be employed, and do whatever may be neces- 
 sary, in the way of investigation or otherwise to enforce the 
 provisions of this Act; he is also authorized and it shall be his 
 ( uty to take into custody the person of any youth between eight 
 'c nd fourteen years of age, or between fourteen or sixteen years 
 of age when not regularly employed or when unable to read, 
 c.nd write the English language, who is not attending school, 
 ;.nd shall conduct said youth to the school he has been attending, 
 or which he should rightfully attend. The truant officer shall 
 institute proceedings against any officer, parent, guardian, per- 
 son, or corporation, violating any provisions of this Act, and 
 )erform such other services as the superintendent of schools 
 3r the board of trustees may deem necessary to preserve the 
 morals and secure the good conduct of school children and to 
 enforce this act. The truant officer shall keep a record of his 
 transactions for the inspection and information of the superin- 
 tendent of the schools and the board of trustees; and he shall 
 make daily reports to the superintendent of schools during the 
 school term in districts having superintendents, and to the clerk 
 of the board of trustees in districts not having superintendents 
 as often* as required by him. Suitable blanks for use of the 
 
142 GENERAL SCHOOL LAW 
 
 truant officer shall be provided by the clerk of the board of 
 trustees or the clerk of the district. (Act approved March 3rd, 
 1903, Sec. 5). (8th Sess. Chap. 45). 
 
 970. Duties of Principals, Teachers and Clerks. It shall be 
 the duty of all principals, and teachers of all schools, public, 
 private, and parochial, to report to the clerk of the board of 
 trustees of the city, village or district in which the schools are 
 situated, the names, ages, and residences of all pupils in attend- 
 ance at their schools, together with such other facts as said clerk 
 may require, in order to facilitate the carrying out of the pro- 
 visions of this Act, and the clerk shall furnish blanks for such 
 purpose, and such report shall be made during the last week of 
 each month from September to June inclusive of each year. It 
 shall be the further duty of such principals and teachers to 
 report to the truant officer, the superintendent of public schools, 
 or the clerk of the board of trustees, as the case may be, all 
 cases of truancy or incorrigibility in their respective schools as 
 soon after these offenses have been committed, as practicable. 
 (Act approved March 3rd, 1903, Sec. 6). (8th Sess. Chap. 45). 
 
 971. Prosecution of Truant. On the request of the superin- 
 tendent of schools, or the board of trustees, or when it other- 
 wise comes to his notice, the truant officer shall examine into 
 any case of truancy or non-attendance within his district, and 
 warn said truant or non-attendant and his parent, guardian or 
 other person in charge, in writing, of the final consequence of 
 truancy or non-attendance if persisted in. When any child be- 
 tween the ages of eight and fourteen years or any child between 
 the ages of fourteen and sixteen years, who cannot read and write 
 the English language or who* is not regularly employed, is not 
 attending school, in violation of the provisions of this Act, the 
 truant officer shall notify the parent, guardian or other person 
 in charge of such child, of the fact, and require such parent, 
 guardian or other person in charge, to cause the child to attend 
 some recognized school within two days from the date of the 
 notice ; and it shall be the duty of the parent, guardian, or other 
 person in charge of the child, so to cause its attendance at some 
 recognized school. Upon failure to do so, the truant officer 
 shall make complaint against the parent, guardian or other per- 
 son in charge of the child in any court of competent jurisdiction 
 in the city, village, or other district in which the offense occurs, 
 for such failure, and upon conviction, the parent, guardian, or 
 
STATE OF MONTANA. 143 
 
 >ther person in charge, shall be fined not less than five dolars, 
 lor more than twenty dolars, or the court may in its discretion, 
 equire the person so convicted to give bond in the penal sum 
 >f one hundred dollars, with sureties to the approval of the court, 
 :onditioned that he or she will cause the child under his or her 
 :harge to attend some recognized school within two days, there- 
 ifter and to remain at such school during the term prescribed 
 }y law; and upon the failure or refusal of any parent, guardian, 
 3r other person to pay said fine and costs or furnish said bond 
 according to the order of the court, then said parent, guardian 
 or other person shall be imprisoned in the county jail not less 
 than ten days nor more than thirty days. (Act approved March 
 3rd, 1903, Sec. 6). (8th Sess. Chap. 45). 
 
 972. Committment to Industrial School. If the parent, 
 guardian, or other person in charge of any child, shall, upon the 
 complaint under the last section for a failure to cause the child 
 to attend a recognized school, prove inability to do so, then he 
 or she shall be discharged and thereupon the truant officers 
 shall make complaint that the child is a juvenile disorderly 
 person within the meaning of Section 968 (1923), of this Article 
 If such complaint is made before any Mayor, Justice of the 
 Peace or Police Judge, it shall be certified by such Magistrate 
 to the district court in and for the county in which the child 
 resides or to a judge of said district court. The district court 
 or the judge thereof to whom the same is certified shall hear 
 such complaint and if it be determined that the child is a juvenile 
 disorderly person within the meaning of Section 968 (1923). of 
 this Article, the said child shall be committed by the said court 
 or the judge thereof, to whom the complaint was certified to the 
 industrial school hereinafter provided for, where he shall be sub- 
 ject to all rules and regulations of said industrial school ; pro- 
 vided, further, that if for any cause the parent, guardian, or other 
 person in charge of any juvenile disorderly person as defined in 
 Section 968 (1923) of this Article, shall fail to cause such juvenile 
 disorderly person to attend school, then complaint against such 
 juvenile disorderly person shall be made, heard and determined in 
 like manner as provided in case the parent proves inability to 
 cause such juvenile disorderly person to attend school. (Act 
 approved March 3, 1905, Sec. i). (9th Sess. Chap. 80). 
 
 973. Pauper Children. When any truant officer is satisfied 
 that any child, compelled to attend school by the provisions 
 
144 
 
 GENERAL SCHOOL LAW 
 
 of this Act, is unable to attend school because absolutely required 
 to work, at home or elsewhere, in order to support itself or help 
 support, or care for others legally entitled to its services, who 
 are unable to support or care for themselves, the truant officer 
 shall report the case to the authorities charged with the relief 
 of the poor, and it shall be the duty of said officers to afford 
 such relief as will enable the children to attend school the time 
 each year required under this Act. Such child shall not be con- 
 sidered or declared a pauper by reason of the acceptance, of the 
 relief herein provided for. In case the child, or its parents or 
 guardian refuse or neglect to take advantage of the provisions 
 thus made for its instruction, such child may be committed to 
 the industrial school hereinafter provided for. In all cases where 
 relief is necessary it shall be the duty of the board of trustees 
 or the trustees of the district to furnish text books free of charge 
 and said board of trustees may furnish any further relief it may 
 deem necessary, the expenses incident to furnishing said books 
 and relief to be paid from the general fund of the school district. 
 (Act approved March 3rd, 1903, Sec. 6). (8th Sess. Chap. 45). 
 
 ARTICLE XVI. 
 
 Industrial Schools. 
 
 Section 974. Industrial (schools, where established. 
 
 Section 975. Purchase of sites for buildings.- 
 
 Section 976. Employment and regulations of teachers. 
 
 Section 977. Parent to provide clothing. 
 
 Section 978. Rules and regulations of school. 
 
 Section 979. Paroled children. 
 
 Section 980. Recommitment of parole dchildren. 
 
 Section 981. Incorrigibles. 
 
 Section 982. Industrial schools in small districts. 
 
 Section 983. Receiving puipils from other districts. 
 
 Section 984. Penalties and fines for neglect of official duty. 
 
 Section 985. Penalties for repeated violations of act. 
 
 Section 986. Duties of trustees to provide sufficient accommodations. 
 
 Section 987. Costs of prosecution. 
 
 iSection 988. Repeal of conflicting provisions. 
 
 974. Industrial Schools, Where Established. In school dis- 
 tricts having a population of 25,000 or more, there shall be es- 
 tablished within two years from the passage of this Act, an 
 industrial school for the purpose of affording a place of confine- 
 ment, discipline, instruction, and maintenance of children of 
 
STATE OF MONTANA. 
 
 145 
 
 I 
 
 compulsory school age who may be committed thereto according 
 to the provisions prescribed in section 972 (1925). (Act ap- 
 proved March 3rd, 1903). (8th Sess. Chap. 45). 
 
 975. Purchase of Site and Building. For the purpose of es- 
 tablishing such school or schools, sites may be purchased and 
 buildings constructed or premises rented in the same manner as 
 is provided for in the case of public schools in such districts ; but 
 no school shall be located at or near any penal institution. And 
 it shall be the duty of the board of trustees to furnish such schools 
 with such furniture, fixtures, industrial and other apparatus, and 
 provisions as .may be necessary for the maintenance and opera- 
 tion thereof. (Act approved March 3rd, 1903). (8th Sess. 
 Chap. 45). 
 
 976. Employment and Regulation of Teachers. The board 
 of trustees may also employ a principal and other necessary 
 officers, agents, and teachers, and shall prescribe the methods 
 of discipline and the course of instruction ; and shall exercise the 
 same powers and perform the same duties as is prescribed bv 
 law for the management of other schools. 
 
 No religious instruction shall be given in said school, except 
 such as allowed by law to be given in public schools ; but the 
 board of trustees may make suitable regulation so that the in- 
 mates may receive religious training in accordance with the be- 
 lief of the parents of such children, by arranging for attendance 
 at public services elsewhere. (Act approved March 3rd, 1903). 
 (8th Sess. Chap. 45). 
 
 977. Parents to Provide Clothing. It shall be the duty of the 
 parent or guardian of any child committed to this school to pro- 
 vide suitable clothing upon his or her entry into such school, and 
 from time to time thereafter as it may be needed, upon notice 
 in writing from the superintendent or other proper officer of the 
 school. In case any parent or guardian shall refuse or neglect 
 to furnish such clothing, the same may be provided by the board 
 of trustees, and such board may have an action against such 
 parent or guardian of said child to recover cost of such clothing, 
 .with 10 per cent, additional thereto. (Act approved March 3rd, 
 
 1903). (8th Sess. Chap. 45). 
 
 978. Rules and Regulations of School. The board of trustees 
 of such district shall have power to establish rules and regu- 
 lations under which children committed to such industrial school 
 may be allowed to return home upon parole, but to remain while 
 
146 GENERAL SCHOOL LAW 
 
 upon parole in the legal custody and under control of the officers 
 and agents of such school and subject at any time to be taken 
 back within the enclosure of such school by the superintendent 
 or any authorized officer of said school except as hereinafter pro- 
 vided; and full power to enforce such rules and regulations to 
 retake any such child so upon parole is hereby conferred upon 
 said boad of trustees. No child shall be released upon parole 
 in less than four weeks from the time of his or her committment, 
 nor thereafter until the superintendent of such industrial school 
 shall have become satisfied from the conduct of such child, that, 
 if paroled, he or she will attend regularly the public or private 
 school to which he or she may be sent by his or her parents or 
 guardians, and shall so certify to the board of trustees. (Act 
 approved March 3rd, 1903. (8th Sess. Chap. 45). 
 
 979. Paroled Children. It shall be the duty of the principal 
 or other person having charge of the school to which children 
 so released on parole may be sent, to report at least once each 
 month to the superintendent of the industrial school, stating 
 whether or not such child attends school regularly, and obeys 
 the rules and regulations of said school : and if such child so 
 released upon parole shall be regular in his or her attendance at 
 school, and his or her conduct as a pupil shall be satisfactory for 
 a period of one year from date on which he or she was released 
 upon parole, he or she shall then be finally discharged from the 
 industrial or truant school, and shall not be recommitted thereto, 
 except as hereinbefore provided. (Act approved March 3rd, 
 I 93)- (8th Sess. Chap 45). 
 
 980. Recommittment of Paroled Children. In case any child 
 released from school upon parole, as hereinbefore provided, shall 
 violate the conditions of his or her parole at any time within 
 one year thereafter, he or she shall upon the order of the board 
 of trustees, as hereinbefore provided, be taken back to such in- 
 dustrial school, and shall not be again released upon parole with- 
 in the period of three months from the date of such re-entering ; 
 and if he or she shall violate the conditions of a second parole, 
 he oh she shall be recommitted to such industrial school, and shall 
 not be released therefrom on parole, until he or she shall remain 
 in such school at least one year. (Act approved March 3rd, 
 1903). (8th Sess. Chap. 45). 
 
 981. Incorrigibles. In any case where a child is incorrigible 
 and his or her influence in such school be detrimental to the 
 
t 
 
 STATE OF MONTANA. 147 
 
 interests of the other pupils, the board-of trustees may authorize 
 the superintendent or any other officer of the school to represent 
 these facts to the district court by petition ; and the court shall 
 have power to commit said child to the state reform school. 
 (Act approved March 2nd, 1903). (8th Sess. Chap. 45). 
 
 982. Industrial Schools in Small Districts. The board of 
 trustees in districts having a population less than 25,000 may 
 establish, maintain and operate an industrial school for the pur- 
 pose hereinbefore specified, and in case of the establishment of 
 such school, the board of trustees shall have power in their 
 respective districts as hereinbefore expressed ; provided, that no 
 board of trustees under this section shall put this law into effect 
 until submitted to a vote at some general or special election. (Act 
 approved March 3rd, 1903). (8th Sess. Chap. 45). 
 
 983. Receiving Pupils From Other Districts. Boards of 
 trustees in districts where there is established and in operation 
 an industrial school, may if the accomodation permits receive 
 pupils from other districts who have been committed thereto, 
 upon the payment from the district in which the child resides, 
 at such rate of tuition as the board of trustees may fin. (Act 
 approved March 3rd, 1903). (8th Sess. Chap. 45). 
 
 984. Penalties and Fine for Neglect of Official Duty. Any 
 cer, principal, or other person mentioned in this Act, neglect- 
 
 to perform duty imposed upon him* by this act, shall be fined 
 not less than twenty-five or more than fifty dollars, for each 
 offense. Any officer or agent of any corporation violating any 
 provisions of this Act, and who participates or acquiesces in or 
 is cognizant of such violation, shall be fined not less than twenty- 
 five dollars nor more than fifty dollars. Any person who vio- 
 lates any provision of this act for which a penalty is not else- 
 where in this Act nrovided for, shall be fined not more than fifty 
 dollars. Mayors, justices of the peace^ police judges, and dis- 
 trict courts shall have jurisdiction to try the offenses described 
 in this Act. When complaint is made, information filed or in- 
 dictment found against any corporation for violating this Act, 
 summons shall be served, appearance made, or plea entered, as 
 provided by the laws of Montana, except that in complaint be- 
 fore magistrates, service shall be made by the constable. In all 
 other cases process shall be served, and proceedings had, as in 
 cases of misdemeanor. All fines collected under the provisions 
 of this Act shall be paid into the funds of the school district in 
 
148 GENERAL SCHOOL LAW 
 
 which the offense was committed. Board of trustees are author- 
 ized to employ legal counsel to prosecute any case arising under 
 the provisions of the A;ct when it shall deem the same necessary, 
 and the services of such counsel shall be paid from the general 
 fund of the district. (Act approved March 3rd, 1903). (8th 
 Sess. Chap. 45). 
 
 985. Penalties for Repeated Violation of Act. Every person 
 who, after being once convicted for violating any of the pro- 
 visions of this Act, shall be convicted of again violating any of 
 the provisions of this Act, may, in addition to the punishment 
 by way of a fine elsewhere provided for, be imprisoned not less 
 than ten days nor more than thirty days. On complaint, before 
 mayor, justice of the peace, or police judge of a second violation 
 of this Act involving punishment by imprisonment, if a trial by 
 jury be not waived, a jury shall be chosen and the case tried, 
 after the manner provided in the laws of Montana. (Act ap- 
 proved March 3rd, 1903). (8th Sess. Chap. 45). 
 
 986. Duty of Trustees to Provide Sufficient Accommodations. 
 It is hereby made the duty of every board of trustees in this 
 state to provide suffijcient accomodations in the public schools 
 for all children in their district compelled to attend the public 
 schools under the provisions of this Act. Authority to levy tax 
 and raise the money necessary for such purpose, is hereby given 
 the proper officers charged with such duty under the law. (Act 
 approved March 3rd, 1903). (8th Sess. Chap. 45). 
 
 987. Costs of Prosecutions. No officer or person instituting 
 proceedings under this Act shall be required to advance money 
 or give security for costs ; and if a defendant is acquitted or dis- 
 charged, or if convicted, and committed to jail in default of pay- 
 ment of fine and costs, the justice, mayor, police judge or district 
 court, before whom such case was brought shall certify such 
 costs to the county auditor, who shall examine, and if necessary, 
 correct the account, and issue his warrant to the county treasurer 
 in favor of the respective persons to whom such costs are due 
 for the amount due each. (Act approved March 3rd, 1903). 
 (8th Sess. Chap 45). 
 
 988. Repeal of Conflicting Provisions. All sections in the 
 school laws of the State of Montana in violation of the provisions 
 of this Act are hereby repealed. (Act approved March 3rd, 
 1903). (8th Sess. Chap. 45). 
 
STATE OF MONTANA. 
 
 149 
 
 ARTICLE XVII. 
 
 City Superintendent of Schools. 
 Section 989. City superintendent of schools. 
 Section 990. Qualifications. 
 Section 991. Duties. 
 Section 992. Certain employment prohibited. 
 
 989. (Sec. 1930.) City Superintendent of Schools. In every 
 district having a population of five thousand and upwards the 
 board of trustees of such district may appoint a superintendent 
 of schools, who shall be designated city superintendent of schools 
 of the district and who shall hold his position at the pleasure of 
 the board. He shall be paid a salary from the general school 
 fund to be fixed by the board of trustees. (Act approved March 
 11, 1895). 
 
 990. (Sec. 1931.) Qualifications. The person appointed to 
 such position shall be a holder of a state certificate of the highest 
 grade, issued in some state, or a graduate of some reputable 
 university, college or normal school, and shall have taught in 
 public schools at least five years. (Act approved March n, 
 
 1895). 
 
 991. (Sec. 1932.) Duties. The superintendent shall perform 
 such duties as the board of trustees shall prescribe. (Act ap- 
 proved March n, 1895). 
 
 992. (Sec. 1933.) Certain Employment Prohibited. No city 
 superintendent shall engage in any work that will conflict with 
 his duties as superintendent. (Act approved March n, 1895). 
 
 ARTICLE XVIII. 
 
 School Funds. 
 
 Section 993. Permanent school fund. 
 
 Section 994. Common school levy. 
 
 Section 995. Special school tax. 
 
 Section 996. Apportionment. 
 
 Section 997. Purposes for which money may be used. 
 
 Section 998. Transfer of road funds. 
 
 Section 999. Proceeds of town lots. 
 
 Section 1000. Building and furnishing fund. 
 
 Section 1001. Warn 
 
 Section 1002. Transfer of funds. Election. 
 
 993. Permanent School Fund. The principal of the state 
 school fund shall remain irreducible and permanent. That said 
 
150 GENERAL SCHOOL LAW 
 
 fund shall be derived from the following sources, to-wit : ap- 
 propriations and donations by the state to this fund; donations 
 and bequests by individuals to the state or common schools ; the 
 proceeds of land and other property which revert to the state by 
 escheat and forfeiture ; the proceeds of all property granted to 
 the state, when the purpose of the grant is not specified or is 
 uncertain ; funds accumulated in the treasury of the state 
 for the disbursement of which provision has not been made by 
 law; the proceeds of the sale of timber, stone, materials or other 
 property from school lands other than those granted for specified 
 purposes, and all moneys other than rental recovered from per- 
 sons trespassing on said lands ; five per centum of the proceeds 
 of the sale of public lands lying within the state which shall be 
 sold by the United States subsequent to the admission of the 
 state into the Union as approved by Section 15 of the Enabling 
 Act; the principal of all funds arising from the sale of lands and 
 other property which have been and may be hereafter granted 
 to the state for the support of common schools and such other 
 funds as may be provided by legislative enactment. (Act ap- 
 proved March 8, 1897.) (5th Sess. Chap. 133). 
 
 994. Common School Levy. In addition to the provisions for 
 the support of common schools, hereinbefore provided, it shall 
 be the duty of the county commissioners of each county in the 
 state to levy an annual tax of four mills on the dollar of the as- 
 sessed value of all taxable property, real and personal, within 
 the comity which levy -shall be made at the time and in the 
 manner provided by law for the levying of taxes for county 
 purposes, which tax shall be collected by the county treasurer 
 at the same time and in the same manner as state and county 
 taxes are collected. For the further support of the common 
 schools, there shall also be set apart by the county treasurer all 
 moneys paid into the county treasury arising from all fines or 
 violations of law, unless otherwise specified by law. Such 
 money shall be forthwith paid into the county treasury by the 
 officer receiving the same, and be added to the yearly school 
 fund raised by taxing each county and dividing in the same 
 manner. (Act approved February 27, 1907, Sec. i). (loth Sess. 
 Chap. 51). 
 
 995. Special School Tax. On or before the day designated 
 by law for the commissioners of each county to levy the requisite 
 taxes for the then ensuing year, the school board in each school 
 
STATE OF MONTANA. 151 
 
 istrict shall certify to the county commissioners the number 
 of mills per dollar which is necessary to levy on the taxable 
 property of the district, not to exceed ten mills, to raise a special 
 fund to maintain the schools of said districts, to furnish additional 
 school facilities therefor, and to furnish such appliances and ap- 
 paratus as may be needed, and, in the districts of the first and 
 second class, the trustees thereof must make such special levy, 
 or so much thereof as may be necessary to maintain a school 
 term of at least nine months in each year, and the county com- 
 missioners shall cause the same to be levied at the same time 
 that other taxes are levied, and the amount of such special tax 
 shall be assessed to each taxpayer of such district, and shall be 
 placed in separate column of the tax book, which shall be headed 
 "Special School Tax." 
 
 There shall also be a column in said tax book, which shall be 
 designated the number of the school district in which the prop- 
 erty is listed. This tax, when collected, shall be placed to the 
 credit of the proper district, and shall be subject to the order 
 of the district board. (Act approved February 27, 1907, Sec. 
 2). (loth Sess. Chap. 51). 
 
 996. (Sec. 1942.) Apportionment. All school moneys ap- 
 portioned by county superintendents of common schools shall 
 be apportioned to the several districts in proportion to the num- 
 ber of school census children between six and twenty-one years 
 of age, as shown by the returns of the district clerk for the next 
 preceding school census; Provided, that children, who are not 
 living under the guardianship of white persons, shall not be in- 
 cluded in the apportionment list, unless the parents thereof are 
 citizens of the United States or have taken land under the allot- 
 ment and severalty act of congress, and have severed their tribal 
 relations. (Act approved March n, 1895). 
 
 State v. Cave, 20 Mont. 473; 52 Pac. 202. 
 
 997. (Sec. 1943.) Purposes for Which Money May be Used. 
 County school moneys may be used by the county superin- 
 tendent and trustees for the various purposes as authorized and 
 provided in this title, and for no other purpose, except that i:i 
 any district, any surplus in the general school fund to the credit 
 of said district, after providing for the expenses of not less than 
 ciii'lu months' school, on a vote of the qualified electors of said 
 district, may be used for the purpose of building and improve- 
 ment. If any school money shall be paid by authority of the 
 
152 GENERAL SCHOOL LAW 
 
 board of trustees for any purpose not authorized by this title, 
 the trustees consenting to such payment shall be liable to the 
 district for the repayment of such sum, and a suit to recover 
 the same may be brought by the county attorney, or, if he shall 
 refuse to bring the same, a suit may be brought by any tax- 
 paying elector in the district. (Act approved March n, 1895). 
 Butte v. School District, 29 Mont. 336; 74 Pac. 869. School 
 district property cannot be specially assessed to pay the 
 cost of sprinkling the streets on which it abuts. The 
 "improvement" mentioned in this section must enhance 
 materially the value of the school property for the purpose 
 for which it is held. 
 
 998. (Sec. 1944.) Transfer of Road Funds. It shall be the 
 duty of the county treasurer in each county in this state upon 
 an order of the board of county commissioners, to transfer any 
 and all sums of money raised by county road tax and apportioned 
 to certain road districts, that shall have remained one year to trie 
 credit of any road district unused or unapportioned, to the credit 
 of the particular school district or districts whose boundaries 
 are coterminous, or nearly so, with those of the road district 
 to whose credit said moneys were originally apportioned. A 
 certificate to the road supervisor that such moneys are not needed 
 for immediate use in building or repairing roads in his district, 
 accompanied by the petition of ten residents of such district that 
 such transfer be made, shall be made sufficient warrant for the 
 county treasurer to make such transfer when approved by the 
 board of county commissioners, and the official maps of the 
 several road and school districts of the county shall determine 
 the districts to which the transfers are to be made. Moneys so 
 received to the credit of any particular school district may be 
 applied by the trustees thereof to the payment of any outstanding 
 district indebtedness, or like other funds, to the ordinary ex- 
 penses of the district. (Act approved March n, 1895). 
 
 999. (Sec. 1945.) Proceeds of Town Lots. All moneys 
 arising from the sale of town lots under and by virtue of the 
 several acts of the legislative assembly of the state of Montana 
 relating to town sites, that are now or that hereafter may come 
 into the hands of any clerk of the district court, or the corporate 
 authorities of any city or town of the state, shall be paid into 
 the county treasury of the county for the use and benefit of the 
 common schools of the school district in which such city or town 
 is situated, to be used as provided for in this title. (Act approved 
 March n, 1895). 
 
STATE OF MONTANA. 
 
 153 
 
 1000. (Sec. 1946.) Building and Furnishing Fund. The 
 county treasurer of the several counties of this state shall trans- 
 fer all moneys so paid into said treasury as provided for in Sec. 
 999 (1945) of this title, or that may now be in such treasury, 
 derived from said source, to the school fund of the school district 
 in which town is situated, which shall be paid out on the order 
 of the school trustees of such district, as provided for in Sec. 
 looi (1947), of this title; and which said moneys shall be by said 
 treasurer set apart as a special fund for the purpose of building 
 and furnishing school houses, and shall be used for such purpose 
 alone, unless otherwise ordered, as provided for in this title. 
 (Act approved March n, 1895). 
 
 1001. (Sec. 1947.) Warrants. The school trustees of any 
 school district are hereby authorized to draw warrants on said 
 fund named in Section 999 (1945) and 1000 (1946), of this title, 
 for the purpose of building and furnishing a school house in such 
 place, in the town or city from the sale of lots out of which such 
 fund arose, as they may designate, which said warrants or orders 
 shall specify the fund on which the same are drawn and for 
 what purpose drawn. (Act approved March n, 1895). 
 
 1002. (Sec. 1948.) Transfer of Funds. Election. Said fund 
 may be used for general school purposes, if a majority of the 
 qualified electors of such district shall so elect, and upon the 
 written request of any five of the qualified electors of such dis- 
 trict presented to the trustees for such purpose in the manner 
 provided in Sec. 1243 and the trustees shall prepare the form of 
 the ballot used in such election, which election shall be con- 
 ducted as other elections provided for in the several school dis- 
 tricts under the general school laws of this state, and when any 
 warrant is so drawn on said fund for other purpose than the 
 building and furnishing of a school house, said warrant shall 
 specify that it was pursuant to an election held for such purpose. 
 (Act approved March n, 1895). 
 
 * No -uch number in original bill. 
 
154 GENERAL SCHOOL LAW 
 
 ARTICLE XIX. 
 
 Bonds. 
 
 Section 1003. How issued. Election. Limit. 
 
 Section 1004. Bonds for building and equipping school buildings. 
 
 Section 1005. Manner of holding elections. Ballots. Voting. 
 
 Section 1006. Notice of sale of bonds. 
 
 Section 1007. School district liable on bonds. 
 
 Section 1008. Tax. Interest. Sinking funds. 
 
 Section 1009. Redemption of bonds. Duties of county commis- 
 sioners. 
 
 Section 1010. Redemption notice to bond holders. 
 
 Section 1011. Duty of county treasurer. 
 
 Section 1012. Printing of bonds. 
 
 Section 1013. Penalty for refusal to pay 'bonds. 
 
 Section 1014. Repayment of moneys borrowed for maintenance of 
 schools. 
 
 Section 1015. Special levy to repay moneys borrowed. 
 
 Section 10.16. Disposition of funds collected. 
 
 Section 1017. Trustees may issue bonds. 
 
 Section 1018. General laws applicable. 
 
 1003. (Sec. 1960.) How Issued. Election. Limit. The 
 board of school trustees of any school within this state shall, 
 whenever a majority of the school trustees so decide, submit to 
 the electors of the district the question whether the board shall 
 be authorized to issue coupon bonds to a certain amount, not 
 to exceed three per cent, of the taxable property in said district, 
 and bearing a certain rate of interest not exceeding six per cent, 
 per annum, and payable and redeemable at a certain time, for the 
 purpose of building and furnishing one or more school houses 
 in said district, and pui chasing land necessary for the same. 
 Should the trustees of any school district in which bonds .have 
 heretofore been issued to any amount, desire to submit to the 
 electors of the district the question as to whether additional 
 bonds shall be issued they may do so, but no such bonds shall 
 be issued unless a majority of all the votes cast at any such 
 election shall be cast in favor of such issue of additional bonds ; 
 and in no case shall the whole issue of bonds exceed the amount 
 of three per cent, of the taxable property within said school dis- 
 trict. (Act approved March n, 1895). 
 
 1004. Bonds for Building and Equipping School Buildings. 
 The board of school trustees of any school district within Mon- 
 tana, shall, whenever a majority of the school trustees so decide, 
 submit to the electors of the district the question whether the 
 
STATE OF MONTANA. 155 
 
 >ard shall be authorized to issue coupon bonds to a certain 
 amount, not to exceed three per cent, of the taxable property in 
 said district; provided, that nothing- herein contained shall 
 authorize the issuance of bonds to an amount exceeding five 
 hundred thousand dollars in any one school district, and bearing 
 a certain rate of interest not exceeding six per centum per annum 
 and payable and redeemable at a certain time, for the purpose 
 of building and furnishing one or more school houses in said 
 district, and purchasing land necessary for the same. Should 
 the trustees of any school district in which bonds have been 
 heretofore issued to any amount, desire to submit to the electors 
 of the district the question as to whether additional bonds shall 
 be issued they may do so, but no such bonds shall be issued 
 unless a majority of all votes cast at any such election shall 
 be cast in favor of such issue of additional bonds ; and in no case 
 shall the whole issue of bonds exceed in amount three per centum 
 of the taxable property within such school district. This Act 
 shall not apply to an Act entitled "An Act to authorize the school 
 trustees of the school district number one, of Deer Lodge 
 county, to issue additional bonds for certain purposes," approved 
 February i3th, 1885. (Act approved February 21, 1905, Sec. 
 i). (Qth Sess. Chap 28). 
 
 1005. Manner of Holding Election. Ballots. Voting. Such 
 election shall be held in the manner prescribed for the election 
 of school trustees except that no registration will be required. 
 The ballots shall be in the form as follows: "Shall bonds be 
 
 issued and sold to the amount of dollars 
 
 and bearing not to exceed per cent, interest and for 
 
 a period not to exceed years, for the purpose of purchasing 
 
 a school lot and building a school house thereon and furnishing 
 the same? 
 
 r.onds. Yes. 
 
 l-oiids. No. 
 
 The elector shall prepare his ballot by crossing cut thereon 
 parts of the ballot in such a manner that the remaining part 
 shall express his vote upon the question submitted. If a 
 majority of the \ou-s cast at such election are Bonds, "Yes," the 
 board of school trustees shall issue such bonds in such form as 
 the board may direct, and they shall bear the signature of the 
 chairman of the board of trustees, and shall be signed by the clerk 
 of the said school district ; and the coupons attached to the 
 
156 GENERAL SCHOOL LAW 
 
 bonds shall be signed by the said chairman and clerk, provided, 
 a lithographic or engraved facsimile of the signatures of the 
 chairman and clerk may be affixed to coupons only, when so 
 recited in the bonds, and the corporate seal of the school dis- 
 trict shall be attached to each of the bonds ; and each bond so 
 issued shall be registered by the county treasurer in a book 
 provided for that purpose, which shall show the number and 
 amount of each bond, and the person to whom the same is 
 issued or sold; and the said bonds shall be sold by the trustees 
 as hereinafter provided. (Act approved March 14, 1901, Sec. 
 2). (7th Sess. 125-6). 
 
 Hauswirth v. Mueller, 25 Mont. 159; 64 Pac. 325. 
 
 1006. (Sec. 1963.) Notice of Sale of Bonds. The school 
 trustees shall give notice by advertisement in some newspaper 
 published in this state, for a period of not less than four weeks 
 to the effect that the said school trustees will sell said bonds 
 (briefly describing the same), and stating the time when, and 
 pla':e where, such sale will take place ; Provided, that the said 
 bonds shall not be sold for less than their par value, and that 
 the said trustees are authorized to reject any bids, and to sell 
 said bonds at private sale, if they deem it for the best interests 
 of the district ; and all moneys arising from the sale of said bonds 
 shall be paid forthwith into the treasury of the county in which 
 such district may be located to the credit of said district, and the 
 same shall be immediately available for the purpose of building 
 or providing the school houses authorized by this title ; Provided, 
 that no such bonds shall be delivered by the board of trustees 
 unless the moneys therefor have been paid into the county 
 treasury. (Act approved March u, 1895). 
 
 1007. (Sec. 1964.) School District Liable on Bonds. The 
 faith of each school district is solemnly pledged for the payment 
 of the interest and the redemption of the principal of the bonds 
 which shall be issued under the provisions of this title. And 
 for the purpose of enforcing the provisions of this title, each 
 school district shall be a body corporate, which may sue and be 
 sued by or in the name of the board of school trustees of such 
 district. (A'ct approved March n, 1895). 
 
 1008. (Sec. 1965.) Tax. Interest. Sinking Fund. The 
 school trustees of each district shall ascertain and levy annually, 
 the tax necessary to pay the interest when it becomes due and 
 a sinking fund to redeem the bonds at their maturity ; and said 
 
STATE OF MONTANA. 157 
 
 shall become a lien upon the property in said school dis- 
 trict, and be collected in the same manner as other taxes for 
 school purposes. (Act approved March n, 1895). 
 
 1009. (Sec. 1966.) Same. Redemption of Bonds. The 
 county commissioners, at the time of making the levy of taxes 
 for county purposes, must levy a tax for that year upon the 
 taxable property in such district, for the interest and redemption 
 of said bonds, and such tax must not be less than sufficient to 
 pay the interest of said bonds for that year, and such portion 
 of the principal as is to become due during such years and in any 
 event must be high enough to raise, annually for the first half of 
 the term said bonds have to run, a sufficient sum to pay the inter- 
 est thereon, and during the balance of the term, high enough topay 
 such annual interest, and to pay, annually a portion of the prin- 
 cipal of said bonds equal to a sum produced by taking the whole 
 amount of said bonds outstanding and divide it by the number of 
 years said bonds have to run ; and all money so levied, when 
 collected, must be paid into the county treasury to the credit of 
 such district, kept in a separate fund and be used for the payment 
 of principal and interest on said bonds, and for no other purpose. 
 
 1. Provided, that the board may with the surplus of such 
 sinking fund, when the same shall be one thousand dollars or 
 more, purchase any of the outstanding bonds issued by the board. 
 Such purchase shall be made at the lowest price such bonds can 
 be purchased at, but at no more than par value of such bonds; 
 and whenever there shall be such a surplus of sinking fund 
 amounting to the sum of one thousand dollars, the board shall 
 purchase therewith like bonds, on the same terms and conditions 
 as hereinbefore specified. 
 
 2. If for any reason such bonds cannot be purchased as 
 hereinbefore specified, such sinking fund shall be invested by the 
 treasurer under the direction of the board of trustees, at such 
 times as the board shall direct, in the interest-bearing bonds 
 of the United States or of the State of Montana, which shall be 
 purchased at the lowest market price. Interest accruing upon 
 such bonds shall be invested in the same manner and for the 
 same purpose as sinking fund. Such bonds shall be held by the 
 treasurer until the principal of any bonds issued by the board of 
 trustees shall become due, and shall be sold at the highest market 
 price, and the proceeds applied to the payment of bonds: Pro- 
 vided, further, that if at any time the board shall deem it best, 
 
158 . GENERAL SCHOOL LAW 
 
 it shall be lawful to sell such bonds for the purpose of pur- 
 chasing the bonds issued by such board ; but all such sales shall 
 be at the highest market price, and the bonds of the board pur- 
 chased with the proceeds of such sale shall be purchased at the 
 lowest price they can be obtained for, and not above the par 
 value of such bonds ; Provided, further, that the bonds first 
 maturing shall be purchased, if they can be purchased, on terms 
 as favorable to the board as others offered for sale to the said 
 board. All bonds of the said board purchased under the author- 
 ity hereby given, or paid by the board, shall be forthwith 
 canceled as provided in the next succeeding section. Act approved 
 March 18, 1895). 
 
 1010. (Sec. 1967.) Redemption. Notice to Bond Holder. 
 When the sum in said sinking fund shall equal or exceed the 
 amount of any bond then due, the county treasurer shall give 
 notice to each bond holder, if known to him and shall post in 
 his office a notice that he will, within thirty days from the date 
 of such notice, redeem the bonds then payable, giving the 
 numbers thereof, and preference shall .be given to the oldest issue ; 
 and if at the expiration of the said thirty days the holder or 
 holders of said bonds shall fail or neglect to present the same 
 for payment, interest thereon shall cease ; but the treasurer 
 shall at all times thereafter be ready to redeem the same on 
 presentation, and when any bonds shall be so purchased or re- 
 deemed the county treasurer shall cancel all bonds so purchased 
 and redeemed by writing across the face of such bond or bonds, 
 in red ink, the word "Redeemed" and the date of such redemp- 
 tion ; Provided, that, whenever in the judgment of the board 
 of school trustees and prior to the redemption of said bonds said 
 board shall deem it advisable and for the best interests of the 
 school district to invest said sinking fund or any part thereof, 
 the board may by an order entered upon their minutes direct 
 and require the county treasurer to invest said sinking fund or 
 any part thereof in state or county bonds or warrants until such 
 redeemable period. (Act approved March n, 1895). 
 
 ion. (Sec. 1968.) Duty of County Treasurer. The county 
 treasurer shall pay out of any moneys belonging to a school 
 district the interest upon any bonds issued under this title by 
 such district when the same shall become due, upon the presenta- 
 tion at his office of the proper coupon which shall show the 
 amount due, and the number of the bond to which it belonged ; 
 
STATE OF MONTANA. 
 
 159 
 
 and all coupons so paid shall be reported to the school trustees 
 at their first meeting thereafter. (Act approved March n, 
 
 1895). 
 
 1012. (1969.) Printing of Bonds. The school trustees of any 
 district shall cause to be printed or lithographed, at the lowest 
 rates, suitable bonds, with the coupons attached, when the same 
 shall become necessary, and pay therefor out of any moneys 
 in the county treasury to the credit of said school district. (Act 
 approved March n, 1895). 
 
 1013. (Sec. 1970). Penalty. If any of the school trustees 
 of any district shall fail or refuse to pay into the proper county 
 treasury the money arising from the sale of any bonds provided 
 for by this title, they shall be deemed guilty of a felony, and 
 upon conviction thereof, shall be punished by imprisonment in 
 the state penitentiary for a term of not less than one year nor 
 more than ten years. (Aict approved March n, 1895). 
 
 1014. Repayment of Moneys Borrowed for Maintenance of 
 Schools. That whenever, before the passage of this Act, the 
 taxes levied and collected in any schol district upon the taxable 
 property of said district, for the necessary maintenance of the 
 schools therein, have been insufficient for the necessary mainte- 
 nance of said schools, and for that reason the trustees of said 
 school district have been compelled to borrow money for the 
 necessary maintenance of said schools, in order to prevent the 
 closing of the same for a portion of the regular school year of 
 said district, and have borrowed money for -the necessary 
 maintenance of said schools, and such moneys so borrowed can- 
 not be repaid out of the total amount of taxes that may be 
 
 <1 by maximum levy for school purposes in such district, 
 without using the funds of the district needed to pay the neces- 
 sary current expenses for the maintenance of the schools there- 
 in, and thereby necessitating the closing: of such schools for 
 the whole or a portion of the regular current school year of such 
 district for one or more years, then the said trustees shall be, 
 and are hereby, empowered to raise money to rert^-. and to repay 
 such loans, with interest thereon from the date thereof until 
 paid at the rate of six per cent per annum, by levying a tax 
 therefor upon all the taxable property in said district in the 
 manner provided in the following sections. (Act approved 
 January 27, 1905, Sec. i). (9th Sess. Chap. 2). 
 
 1015. Special Levy to Repay Moneys Borrowed. That if the 
 
160 GENERAL SCHOOL LAW 
 
 trustees of any school district, under the circumstances mentioned 
 in Section i, of this Act shall determine to repay the moneys 
 borrowed and used for the purpose mentioned in said Section i, 
 they shall ascertain the amount to be levied by rinding the 
 amount of the principal, of such loans and interest at six per 
 cent per annum from the date thereof to December i5th of the 
 year in which such levy shall be made, that being the time when 
 the tax will properly be collected, and shall, on or before the 
 day when the county commissioners are required by law to make 
 the annual tax levy, make and file with the county clerk of the 
 county in which such school district shall be situated, their 
 certificate, which shall be signed by a majority of such trustees, 
 setting forth therein the amount to be raised as aforesaid, and 
 requesting the county commissioners to levy the amount named 
 in said certificate as a special tax upon all taxable property 
 in said school district. The valuation of the property in said 
 district as the same appears upon the assessment roll of said 
 county for the year for which the levy shall be made, shall be 
 the basis for the assessment of such tax. It shall be the duty 
 of the county commissioners at the time the annual tax levy is 
 made, to levy the sum named in said certificate as a special 
 tax upon all of the taxable property in said district, and the duty 
 of the county clerk to spread said tax upon the said assessment 
 roll against all of said property in the same manner as other 
 taxes are spread upon said roll, and said tax being so assessed 
 shall become a lien upon said property and be collected in the 
 same manner as other taxes for school purposes are collected. 
 (Act approved February iQth, 1901, Sec. 2). (7th Sess. 3-4). 
 1016. Disposition of Funds Collected. That when the tax 
 mentioned in the preceding sections, has been collected, or any 
 part thereof, the county treasurer shall place the same to the 
 credit of said school district in a fund separate from all other 
 funds of said district, and the moneys in such fund shall be 
 forthwith paid out by the trustees to the persons and corpora- 
 tions to whom the same are payable, and until the debt for the 
 payment of which such moneys were raised have been paid, no 
 part of such funds shall be used for any other purpose. If from 
 failure to collect the entire amount of such tax, or from any 
 other cause, there shall not be moneys sufficient in said fund to 
 pay the amount of principal and interest of the sum borrowed, 
 the trustees shall pay the amount of such deficiency from the 
 
STATE OF MONTANA. 
 
 161 
 
 general fund to the credit of said district, and, if after paying 
 all of the debts payable out of such special fund, a balance shall 
 remain therein such balance shall be transferred to the general 
 fund of said district. (Act approved February I9th, 1901, Sec. 
 3). (7th Sess. 4). 
 
 1017. Trustees May Issue Bonds. If the trustees of any 
 school district mentioned in this Act shall determine that it 
 rould not be for the best interest of said district to raise in any 
 one year the moneys mentioned in Section I of this Act by 
 levying and collecting a tax therefor as in the preceding sections 
 provided, they shall nevertheless be authorized and empowered 
 to raise such moneys by issuing and selling the bonds of said 
 district in an amount sufficient to repay, and to repay, such 
 moneys with interest thereon at six percent per annum. If the 
 said trustees shall determine to issue the bonds of said district 
 for the purpose aforesaid, they shall ascertain the amount of 
 said bonds by rinding the amount of principal and interest of the 
 loans to be repaid at six per cent, per annum from the date 
 thereof until the time when said bonds will probably be sold 
 as hereinafter provided. They shall then issue the bonds of such 
 district to the amount so ascertained which bonds shall draw 
 interest at a rate not to exceed six per cent, per annum payable 
 either annually or semi-ann-ually as the trustees shall determine, 
 and each of said bonds shall be for the sum of one hundred dol- 
 lars or multiples thereof and shall run for such length of time 
 as the said trustees shall determine, not exceeding a period of 
 ten years from the date thereof; said bonds shall be in such 
 form as the board of trustees may direct, and shall bear the 
 signature of the chairman of the board of trustees, and shall be 
 signed by the clerk as clerk of said school district, and the 
 coupons attached to said bonds shall be signed by said chairman 
 and said clerk ; provided, that lithographic or engraved fac 
 similes of the signature of the chairman and clerk may be affixed 
 to coupons only when so credited in the bond, and each bond 
 so issued shall be registered by the county treasurer in a book 
 provided for that purpose which shall show the number and 
 amount of each bond and the person to whom the same is issued 
 or sold, and said bonds shall be sold and the proceeds thereof 
 deposited with the county treasurer in the manner provided by 
 the provisions of Section 1016 (1963), of the Political Code of 
 this state, and paid out by the trustees to the persons and cor- 
 
162 GENERAL SCHOOL LAW 
 
 porations to whom the loans for the payment of which such 
 bonds were issued are payable. (Act approved February iQth, 
 1901. Sec. 4). (7th Sess. 4-5). 
 
 1018. General Laws Applicable. All of the powers conferred 
 and duties enjoined upon school trustees and county commis- 
 sioners by Sections 1008 (1965), 1009 (1966), 1010 (1967), ion 
 (1968) and 1012 (1969), of the Political Code of this state and 
 any amendments thereof for raising money 'to pay the interest 
 on, and to provide, and for the care and management of, a sink- 
 ing fund for the redemption and payment of bonds issued by 
 school districts under the provisions of existing laws are hereby 
 conferred and enjoined upon school trustees and county com- 
 missioners respectively with respect to all bonds issued under 
 the provisions of this Act as fully and completely to all intents 
 and purposes as though the above named sections were in- 
 corporated in and made a part of this Ajct. (Act approved' Feb- 
 ruary igth, 1901, Sec. 5). (7th Sess. 5). 
 
 ARTICL XX. 
 
 Vacancies. 
 
 Section 1019. Vacancy in school board. 
 Section 1020. Vacancy. Clerk. 
 Section 1021. Trustee. How removed. 
 
 1019. (Sec. 1980.) Vacancy in School Board. When any 
 vacancy occurs in the office of trustee of any school district by 
 death, resignation, failure to elect at the proper time, removal 
 from the district, or other cause the fact of such vacancy shall 
 be immediately certified to the county superintendent by the 
 clerk of the school district, and the county superintendent shall 
 immediately appoint in writing some competent person, who 
 shall qualify and serve until the next annual school election. The 
 county superintendent shall at the same time notify the clerk 
 of the schol district of every such appointment; Provided, that 
 absence from the school district for sixty consecutive days shall 
 constitute a vacancy in the offiice of trustee. (Act approved 
 March n, 1895). 
 
 1020. (Sec. 1981.) Vacancy. Clerk. Should the office of 
 the clerk of the school district become vacant, the board of 
 school trustees shall immediately fill such vacancy by appoint- 
 ment, and the chairman of the board shall immediately notify 
 
STATE OF MONTANA. 
 
 163 
 
 the county superintendent of such appointment. (Act approved 
 
 March 11, 1895). 
 
 1021. (Sec. 1982.) Trustees. How Removed. Any school 
 
 trustee may be removed from office by a court of competent 
 
 jurisdiction, as provided by law for removal of elective civil 
 
 officers ; Provided, however, that upon charges being preferred 
 ind good cause shown the board of county commissioners may 
 suspend a trustee until such time as such charges*can be heard 
 
 in the court having jurisdiction thereof. (Act approved March 
 
 ii, 1895)- 
 
 Section 1022. 
 Section 1023. 
 Section 1024. 
 
 Section 1022. 
 
 ARTICLE XXI. 
 
 Tree Planting. 
 Arbor day. 
 Arbor tfay exercises. 
 Same. Superintendent of public instruction. 
 
 The second Tuesday of May in each year shall 
 
 be known throughout the State of Montana as "Arbor Day'*. 
 Approved March 4, 1909. 
 
 1023. (Sec. 1991.) Arbor Day Exercises. In order that the 
 children in our public schools shall assist in the work of adorning 
 the school grounds with trees, and to stimulate the minds of the 
 children towards the benefit of preservation and perpetuation of 
 our forests and the growing of timber, it shall be the duty of the 
 authorities in every public school district in this state. to as- 
 semble the children in their charge on the above day in the school 
 building or elsewhere, as they may deem proper, and to provide 
 for and conduct under the general supervision of the city super- 
 intendent, county superintendent, teachers and trustees or other 
 school authorities having the general charge and oversight of the 
 public schools in each city or district, to have and hold such 
 exercises as shall tend to encourage the planting, preservation 
 and protection of trees and shrubs, and an acquaintance with the 
 best methods to be adopted to accomplish such results. (Act 
 approved March n, 1895). 
 
 1024. (Sec. 1992.) Same. Superintendent of Public Instruc- 
 tion. The superintendent of public instruction shall have 
 power to prescribe from year to year a course of exercises and 
 instructions in the subject hereinbefore mentioned, which shall 
 be adopted and observed by the said public school authorities 
 on Arbor Day. (Act approved March n, 1895). 
 
164 GENERAL SCHOOL LAW 
 
 ARTICLE XXII. 
 
 Pioneer Day. 
 
 Section 1025. Designation of Pioneer day. 
 
 Section 1026. Exercises in public schools. 
 
 Section 1027. Pioneer medals. 
 
 Section 1028. Copies of essay to be deposited with librarian oC 
 
 Historical library. 
 Section 1029. Course of exercises. 
 
 1025. That the first Friday of November of each year shall 
 be designated and known as Pioneer Day in the State of Mon- 
 tana. 
 
 Act approved February 26, 1909. 
 
 1026. Exercises in Public Schools. That on said Pioneer 
 Day in the public schools the afternoon thereof shall be devoted 
 to the study and discussion of pioneers and pioneer history of the 
 region of country now comprising the State of Montana. (Act 
 approved March 5th, 1903, Sec. 2). (8th Sess. Chap. 88). 
 
 1027. Pioneer Medal. That the state board of education is 
 hereby authorized to annually award its pioneer medal to the 
 student of the public schools or state institutions who shall on 
 said day deliver the best essay on such subject of pioneer history, 
 having regard to historical research and literary merit. (Act 
 approved March 5th, 1903, Sec. 3). (8th Sess. Chap. 88). 
 
 1028. That copies of such essays shall be filed by the said state 
 board of education with the librarian of the historical and mis- 
 cellaneous department of the state library. 
 
 Approved February 26, 1909. 
 
 1029. That the librarian of the Historical and Miscellaneous 
 department of the state library shall have power and it shall be 
 his duty to prescribe from year to year a suitable course of 
 exercises to be observed in the public schools of the state on 
 Pioneer Day. 
 
 Approved February 26, 1909. 
 
 ARTICLE XXIII. 
 
 School Libraries. 
 
 Section 1030. Library fund. 
 
 Section 1031. Same. 
 
 Section 1032. Same. 
 
 Section 1033. Location and control of libraries. 
 
 Section 1034. Rules. Reports. 
 
 Section 1035. Selection of books. 
 
STATE OF MONTANA. 1G5 
 
 1030. Library Fund. A library fund is hereby created, and 
 the board of school trustees must expend the library fund, 
 together with such moneys as may be added thereto by donation, 
 in the purchase of books for a school library, including books 
 for supplementary work, provided, that in school districts other 
 than cities, maintaining a free public library and having a popu- 
 lation of two thousand or more such library fund may, in the 
 discretion of the board of trustees, be used for the payment of 
 the current expenses for maintenance of the schools. (Act ap- 
 proved February 14, 1905). (9th Sess. Chap. 14). 
 
 1031. (Sec. 2001.) Same. Except in cities having a popu- 
 lation of two thousand or more, the library fund shall consist 
 of not less than five nor more than ten per cent of the county 
 school fund annually apportioned to the district; Provided, that 
 such ten percent exceed fifty dollars, fifty dollars only shall be 
 apportioned to the district. (Act approved March n, 1895). 
 
 1032. (Sec. 2002.) Same. In cities having a population of 
 two thousand or more, the library fund shall consist of a sum 
 not to exceed fifty dollars for every five hundred children or 
 fraction thereof of three hundred or more, between the ages of 
 six and twenty-one years, annually taken from the general 
 school fund of the county apportioned to such district. (Act 
 approved March n, 1895). 
 
 I0 33- (Sec. 2003.) Location and Control of Libraries. 
 Libraries shall be under the control of the board of trustees and 
 must be kept, when practicable, in the school houses. (Act 
 approved March n, 1895). 
 
 1034. (Sec. 2004.) Rules. Reports. The trustees shall be 
 held accountable for the proper care and preservation of the 
 library, and shall make all needful rules and regulations not pro- 
 vided for by the superintendent of public instruction, and not 
 inconsistent therewith ; and they shall report annually to the 
 county superintendent all library statistics which may be re- 
 quired by the blanks furnished for the purpose by the superin- 
 tendent of public instruction. (Act approved March n, 1895). 
 
 1035. (2005). Selection of Books. All books shall be 
 selected from lists approved by the superintendent of public 
 instruction. (Act approved March n, 1895). 
 
166 GENERAL SCHOOL LAW 
 
 ARTICLE XXIV. 
 
 Miscellaneous. 
 
 Section 1036. Gender. 
 
 Section 1037. Fines and penalties. 
 
 Section 1038. Insult to teacher. 
 
 Section 1039. Disturbance of school. 
 
 Section, 1040. Printing and binding. 
 
 Section 1041. School officers not to act as agents. 
 
 Section 1042. O : ath of office. 
 
 Section 1043. Duty of county attorney. 
 
 Section 1044. Penalties. 
 
 1036. (Sec. 2020.) Gender. Whenever the word "he" or 
 "his" occurs in this title, referring either to the members of the 
 board of trustees, county superintendent, teachers, or other 
 school officers, it shall be understood to mean also "she" or 
 "her"." (Act approved March n, 1895). 
 
 1037. (Sec. 202 1.) Fines and Penalties.' All fines and pen- 
 alties, not otherwise provided for in this title, shall be collected 
 by an action in any court of competent jurisdiction, and shall 
 be paid into the county school fund immediately after collection. 
 (Act approved March n, 1895). 
 
 1038. (Sec. 2022.) Insult to Teacher. Any parent, guardian 
 or other person, who shall insult or abuse a teacher in the 
 presence of the school, or anywhere on the school grounds or 
 premises, shall be deemed guilty of a misdemeanor and liable to 
 a fine of not less than ten dollars nor more than one hundred 
 dollars. (Act approved March n, 1895). 
 
 1039. (Sec. 2023.) Disturbance of School. Any person who 
 shall wilfully disturb any public school or any public school 
 meeting, shall be deemed guilty of a misdemeanor, and liable 
 to a fine of not less than ten dollars nor more than one hundred 
 dollars. (Act approved March n, 1895). 
 
 1040. (Sec. 2024.) Printing and Binding. All printing or 
 binding required under this title shall be executed in the form 
 and manner and at a price not exceeding other county printing 
 and shall be paid in like manner out of the general school fund. 
 (Act approved March n, 1895). 
 
 1041. (Sec. 2025.) School Officers not to Act as Agents. 
 Neither the superintendent of public instruction, nor any person 
 in his office, nor any county superintendent, nor school district 
 officer, nor any officer or teacher connected with any public 
 school, shall act as agent or solicitor for the sale of any school 
 
STATE OF MONTANA. 167 
 
 books, maps, charts, school library books, school furniture or 
 apparatus or furnish any assistance to or receive any reward 
 therefor, from any author, publisher, bookseller or dealer, doing 
 the same. Every person violating this section shall be deemed 
 guilty of a misdemeanor and be liable to a fine of not less than 
 fifty nor more than two hundred dollars for each offense, and 
 shall be liable to removal from office therefor. (Act approved 
 March n, 1895). 
 
 1042. (Sec. 2026.) Oath of Office. Any person elected or 
 appointed to any office mentioned in this title shall, before enter- 
 ing upon the discharge of the duties thereof, take the oath of 
 office. In case such officer has a written appointment or com- 
 mission, his oath shall be endorsed thereon : otherwise it may 
 be taken orally; in either case it may be sworn to before any 
 officer authorized to administer all oaths relative to school busi- 
 ness appertaining to their respective offices, without charge or 
 fee. (Act approved March n, 1895). 
 
 1043. (Sec. 2027.) Duty of County Attorney. The county 
 attorney shall be the legal advisor of the county superintendent, 
 and all school trustees, and shall prosecute and defend all suits 
 to which a district may be a party. (Act approved March n, 
 
 1044. (Sec. 2028.) Penalties. Any person who shall violate 
 any provision of this title shall be deemed guilty of a misde- 
 meanor (when not otherwise provided in this title) and upon 
 conviction thereof shall be fined in a sum not less than twenty 
 dollars nor more than two hundred dollars, or by imprisonment 
 in the county jail not less than five days nor more than thirty 
 days, or by both such fine and imprisonment. (Act approved 
 March n, 1895). 
 
 Hilbury v. St. P. R. Co., 23 Mont. 243; 58 Pac. 556. 
 
 SENATE BILL 2. 
 
 All moneys received from the investment of the permanent funds 
 of state educational institutions and reform school and from leasing 
 of lands granted thereto shall be deposited monthly with the state treas- 
 urer to the credit of said institutions. 
 
 Interest and income fund. 
 
 Money to be paid out only on warrant of the state auditor drawn 
 on a< 'count of support and maintenance of such institutions. 
 
 Warrants not to be drawn until claims have been approved by state 
 board of examiners. 
 
168 GENERAL SCHOOL LAW 
 
 Interest and income fund to be exhausted before any money from 
 appropriations from the general fund is paid out. 
 
 The executive board of each institution shall quiarterly prepare 
 detailed statements and file same with board of examiners. 
 
 Contents of quarterly statements. 
 
 Statement mfust be verified by the president of the board and 
 treasurer of the institution. 
 
 The executive boards of such institutions shall biennially at the 
 end of November of each even numlbered year prepare detailed state- 
 ments. 
 
 What statements shall show. 
 
 Additional matter which biennial statements shall show. 
 
 Biennial reports shall be signed and verified by the president of 
 the board and treasurer of the institution. 
 
 Repealing clause. 
 
 When Act shall take effect. 
 
 An Act to provide for the deposit and disbursement of money 
 received from the investment of the permanent funds of the 
 state educational institutions, and from the leasing of lands 
 granted by the Federal Government to such institutions, to be 
 known and designated as the "Interest and Income Funds" of 
 each of such institutions ; reducing the appropriations from the 
 general fund; and providing for reports by said educational in- 
 stitutions of all moneys received from appropriations made to 
 them under the laws of the United States. 
 
 Be it enacted by the Legislative Assembly of the State of 
 Montana : 
 
 Section i. All moneys received from the investment of the 
 permanent funds of the University of Montana, the Agricultural 
 College of Montana, School of Mines of Montana, State Normal 
 School of Montana, State Reform School of Montana and Deaf 
 and Dumb School of Montana, and all money received from the 
 leasing of lands granted to said institutions shall at the close of 
 each calendar month be deposited with the state treasurer of 
 Montana for each of such institutions to the credit of what shall 
 be known and designated as the "Interest and Income Fund" of 
 each of said institutions. 
 
 Section II. The money received by the state treasurer under 
 the provisions of Section I of this Act shall be paid out by him 
 only on warrants issued by the state auditor in payment of claims 
 for expenses actually incurred for the support and maintenance 
 of the institution filing the same, and the state auditor shall not 
 draw warrants on said interest and income funds for any such 
 
STATE OF MONTANA. 169 
 
 claims until after the claim has been duly filed with and audited 
 and approved by the state board of examiners. 
 
 Section III. In the payment of claims presented by any of 
 the institutions named in Section i of this Act, the interest and 
 income funds mentioned in said Section I, so far as available for 
 the payment of the items set out in said claim, shall be exhausted 
 before any warrants shall be drawn against the appropriation 
 made by the state out of the general fund for the maintenance 
 of the institution filing the claim. 
 
 Section IV. That on the first of March, first of June, first of 
 September, and first of December of each year the executive 
 board of each of the institutions named in Section I of this Act 
 shall prepare or cause to be prepared a detailed statement show- 
 ing all the expenses incurred and all disbursements made by 
 such institution during the preceding quarter, and the purposes 
 for which the same were made, out of funds, if any, appropriated 
 by the United States government for the maintenance and sup- 
 port of any such institutions. Such reports shall be signed 
 and verified under oath by the president of the executive board 
 and treasurer of the institution making the same and shall be 
 filed with the state board of examiners. 
 
 Section V. The executive board of each of the institutions 
 named in Section I of this Act shall, at the end of November 
 of each even numbered year, beginning with November 30, 1910, 
 prepare a full detailed statement, showing all moneys, if any, 
 received by such institution from the United States government, 
 and of the moneys received from the investment of the permanent 
 school funds of the institutions, and of moneys received from 
 the leasing of lands granted to such institutions and all money 
 appropriated by the State of Montana out of the general fund 
 for such institution, and all money received from tuitions or any 
 other sources whatever during the two years preceding the 3Oth 
 day of November. 
 
 Such report shall also show all disbursments made out of 
 the funds received from each of the sources mentioned above in 
 this Section and the purposes for which each disbursement was 
 made during such two years. Said reports shall also contain a 
 statement showing the amount of money, if any, that will be 
 received from the United States government for the maintenance 
 and support of the institution for the next ensuing two years, 
 and also an estimate of the amounts of money that will be receiv- 
 
170 GENERAL SCHOOL LAW 
 
 ed for the maintenance of institution from the investment 
 of the permanent fund thereof and from the leasing of lands 
 granted to the institution for the next ensuing two years. Said 
 reports shall be signed and verified under oath by the president 
 of the executive board and treasurer of the institution and filed 
 with the Governor of the State of Montana within ten days from 
 and after November 3Oth of each even numbered year. 
 
 Section VI. All Acts and parts of Acts in conflict herewith 
 are hereby repealed. 
 
 Section VII. This Act shall be in full force and effect from 
 and after its passage. 
 
 Approved March 8, 1909. 
 
 SENATE BILL 100. 
 
 Revised Codes of 1907, Section 1171 amended. 
 
 Admission of feebled minded persons into school for the deaf, blind 
 and feeble minded. 
 
 Capacity of the person. 
 
 Board of trustees may adopt and apply tests to ascertain condition 
 of person. 
 
 Object of tests. 
 
 Separate building to be provided for feeble minded. 
 
 Feeble minded department shall be under supervision of the board 
 and 1 superintendent. 
 
 Assistant superintendent may be appointed. 
 
 Feeble minded pupils may be retained for life. 
 
 Establishment of farm colony for feeble minded. 
 
 Repealing clause. 
 
 An Act to amend Section 1171 of the Revised Codes of Mon- 
 tana of 1907, relating to the admission, care and retention of 
 person and children in the Montana school for the deaf, blind 
 and feeble minded at Boulder, Montana. 
 
 Be it enacted by the Legislative Assembly of the State of 
 Montana : 
 
 Section i. That Section 1171 of the Revised Codes of Mon- 
 tana of 1907, be and the same is hereby amended so as to read as 
 follows : 
 
 "Section 1171. All feeble minded persons, residents in the 
 State of Montana and qualified after the general manner pre- 
 scribed in Section 1168 of this Act, shall be admitted into this 
 school; Provided, that every such person shall be capable, in the 
 judgment of the trustees, of at least some mental, moral or 
 physical training, such as falls within the proper function of a 
 

 1 
 
 STATE 
 
 school, as distinct from an asylum. To the end that the board 
 of trustees may arrive at some definite method of judging such 
 cases, they are hereby empowered to ascertain and establish 
 certain tests, which tests shall be thoroughly and impartially 
 applied to each case before final admission into the school, and 
 it shall be the object of said tests to ascertain in each case if 
 there be any capacity for mental, moral or physical training; 
 and provided further, that as soon as possible in the judgment 
 of the board of trustees, by and with the consent of the state 
 "board of education, a separate building and premises, adjoining 
 yet distinct from those of the deaf and blind shall be provided 
 for such feeble minded persons, which building and premises 
 shall be more especially adapted to the peculiar needs of said 
 feeble minded class of persons. That said feeble minded depart- 
 ment shall be under the general control and supervision of said 
 board of trustees and superintendent ; but the trustees, after 
 consultation with the superintendent and at his request, may ap- 
 point an assistant superintendent, together with especially 
 trained teachers and attendants, whenever in their judgment said 
 feeble minded department herein provided for shall seem to need 
 such additional attention and supervision ; and provided that the 
 said officers are hereby authorized to retain in the care of said 
 school for life, such feeble minded pupils as have passed the age 
 of twenty-one years and are not fit mentally to make their way 
 or become useful members of society. The authorities of said 
 school are directed to establish a farm colony for the feeble 
 minded on the ranch belonging to the school. The adults feeble 
 minded, under skilled supervision shall be required, by their 
 labor, to contribute as far as possible to their own support and 
 to the support of the school. 
 
 Section II. All Acts and parts of Acts in conflict herewith 
 are hereby repealed. 
 
 Section III. This Act shall be in full force and effect from and 
 after its passage and approval. 
 
 Approved March 10, 1909. 
 
172 GENERAL SCHOOL LAW 
 
 Forms for Use of School Officers. 
 
 No. i. 
 CERTIFICATE OF ELECTION OF TRUSTEE. 
 
 To of Greeting : 
 
 This is to certify that at a School Meeting of 
 
 School District No of County, held at the 
 
 School House of said District, '. , i . . . . , 
 
 you were duly elected to fill the office of trustee for the term 
 
 of . 
 
 Section 862 of the Revised Code of 1907 reads as follows : 
 Trustees elected shall take office immediately after qualifying 
 and shall hold office for the term of three years and until their 
 successors are elected and qualified, or appointed by the County 
 Superintendent of Schools and qualified. Every trustee elected 
 shall file his or her oath of office with the County Superintendent 
 of Schools. Any trustee who shall fail to qualify within fifteen 
 days after being elected shall forfeit all right to office, and the 
 County Superintendent of Schools shall appoint to fill the 
 vacancy. 
 
 Clerk of School District Meeting. 
 OATH OF OFFICE. 
 
 I do solemnly swear (or affirm) that I will support, protect 
 and defend the Constitution of the United States, and the Con- 
 stitution of the State of Montana, and that I will discharge the 
 duties of my office with fidelity; and that I have not paid or 
 contributed, or promised to pay or contribute, either directly or 
 indirectly, any money or other valuable thing to procure my 
 nomination or election (or appointment) except for necessary 
 and proper expenses expressly authorized by law ; that I have 
 not knowingly violated any election law of this State, or procured, 
 it to be done by others in my behalf; that I will not knowingly 
 receive directly or indirectly any money or other valuable thing 
 for the performance or non-performance of an act or duty 
 pertaining to my office other than the compensation allowed by 
 law. So help me God. 
 
 Subscribed and sworn to before me this. . . .day of I . . . . 
 
 Note. This oath must be taken before some one authorized 
 to administer oaths. 
 
STATE OF MONTANA. 
 
 173 
 
 II 
 
 I 
 
 No. 2. 
 
 CERTIFICATE OF APPOINTMENT OF TRUSTEE. 
 
 To of Greeting: 
 
 This is to certify that I have this . . . day of I . . . . , 
 
 appointed of County, to fill the 
 
 office of Trustee, until the next annual election af said district. 
 Section 862 of the Revised Code of 1907 reads as follows : 
 Trustees elected shall take office immediately after qualifying 
 and shall hold office for the term of three years and until their 
 successors are elected and qualified, or appointed by the County 
 Superintendent of Schools and qualified. Every trustee elected 
 shall file his or her oath of office with the County Superintendent 
 of Schools. Any trustee who shall fail to qualify within fifteen 
 days after being elected shall forfeit all rights to office, and the 
 County Superintendent of Schools shall appoint to fill the 
 vacancy. 
 
 County Superintendent. 
 
 Remarks. This Certificate, with oath of office endorsed there- 
 on, signed and sworn to before some person competent to 
 administer oaths, must be sent to the County Superintendent. 
 
 OATH OF OFFICE. 
 
 I do solemnly swear (or affirm) that I will support, protect 
 and defend the Constitution of the United States, and the Con- 
 stitution of the State of Montana, and that I will discharge the 
 duties of my office with fidelity ; and that I have not paid or 
 contributed, or promised to pay or contribute, either directly or 
 indirectly, any money or other valuable thing to procure by 
 nomination or election (or appointment) except for necessary 
 and proper expenses expressly authorized by law ; that I have not 
 knowingly violated any election law of this State, or procured 
 it to be done by others in my behalf; that I will not knowingly 
 receive directly or indirectly any money or other valuable thing 
 for the performance or non-performance of any act or duty per- 
 taining to my office other than the compensation allowed by law. 
 So help me God. 
 
 Subscribed and sworn to before me, this . . . .day of , i 
 
 Remarks. This oath may be taken before any school officer or 
 other person competent to administer oaths. 
 
174 GENERAL SCHOOL LAW 
 
 No. 3. 
 
 CERTIFICATE OF APPOINTMENT OF CLERK. 
 To ............... of ................. Greeting: 
 
 This is to certify that as a * ....... .' ......... School meeting 
 
 of School District No .... of ................... County, held 
 
 .................... , i ...... you were duly appointed to fill the 
 
 office of District Clerk to serve during the pleasure of the Board. 
 If you accept, please take the oath of office hereto attached, and 
 return this notice to the Trustees without delay. 
 
 ) Trustees for District No 
 
 * State whether "Regular" or "Special" meeting. 
 
 Remarks. This certificate with oath of office endorsed there- 
 on, signed and sworn to before some person compentent to 
 administer oaths, must be sent to County Superintendent after 
 receipt by the Trustees. 
 
 OATH OF OFFICE. 
 
 I do solemnly swear (or affirm) that I will support, protect 
 and defend the Constitution of the United States, and the Con- 
 stitution of the State 'of Montana, and that I will discharge the 
 duties of my office with fidelity; and that I have not paid or con- 
 tributed, or promised to pay or contribute, either directly or 
 indirectly, any money or other valuable thing to* procure my 
 nomination or election (or appointment) except for necessary and 
 proper expenses expressly authorized by law ; that I have not 
 knowingly violated any election law of this State, or procured 
 it to be done by others in my behalf; that I will not knowingly 
 receive directly or indirectly any money or other valuable thing 
 for the performance or non-performance of any act or duty per- 
 taining to my office other than the compensation allowed by law. 
 So help me God. 
 
 Subscribed and sworn to before me this. . . .day of , i 
 
 Remarks. This oath may be taken before any school officer 
 or other person competent to administer oaths. 
 
STATE OF MONTANA. 
 
 175 
 
 No. 4. 
 
 AGREEMENT BETWEEN SCHOOL TRUSTEES AND 
 
 TEACHER. 
 
 This agreement, made an entered into this day of 
 
 , A. D. i , between , 
 
 party of the first part, and the School Trustees of School District 
 
 No. . . ., of County, Montana, parties of the 
 
 second part, 
 
 Witnesseth, that the said , who holds a 
 
 legal certificate as teacher for said county, hereby agrees, for the 
 consideration hereafter stated, to teach the school in said district 
 
 for the period of -. . . . months, commencing on the .... 
 
 day of , i. . . ., and . ., 
 
 further agrees to enforce the rules and regulations prescribed 
 by the Superintendent of Public Instruction and the County 
 Superintendent; to strictly follow the advice of the County 
 Superintendent given within his or her authority; to use only 
 such text-books as are prescribed by law; and to keep a school 
 register and make the returns prescribed by law, and to use the 
 prescribed course of study. 
 
 And the parties of the second part, hereby agree to pay the said 
 
 , dollars for each and 
 
 every month of twenty school days, in the manner following, 
 to-wit. By drawing their order upon the County Treasurer of 
 said County, to be paid out of any school moneys in the County 
 Treasury standing to the credit of said District. 
 
 It is mutually understood and agreed that whenever the school 
 shall be closed by order of the Trustees on account of the 
 prevalence of contagious or epidemic disease, or from any cause, 
 the salary of said first party as teacher shall 
 
 In witness whereof the said parties have hereunto set their 
 hands and seals in duplicate at the date hereinbefore mentioned. 
 
 Teacher. 
 
 Trustees of Schol District No 
 
 County. 
 
176 GENERAL SCHOOL LAW 
 
 Note. Fill out the blank at close of contract in accordance 
 with your agreement on this point. If the teacher is to receive 
 her salary when school is closed, then add, "be paid the same as 
 when school is in session," or, if no salary is to be paid, then 
 add, "cease for such time as the school is closed," or such words 
 as shall clearly express your agreement. Each party should 
 have a copy of the contract. 
 
 No. 10. 
 NOTICE OF ELECTION. 
 
 The Annual Meeting 
 of School District No ..... , .............. County, Montana, 
 
 for the election o>f .............. Trustee., will be held on 
 
 Saturday, April ........ , I . . . ., at the District School House. 
 
 The polls will be open between the hours of ...... and ...... 
 
 o'clock . . m. 
 
 .................... ) Trustees. 
 
 .................... ) 
 
 Dated . , I . , 
 
 No. ii. 
 NOTICE OF ELECTION. 
 
 A Special Meeting 
 of School District No ..... , .............. County, Montana, 
 
 for the purpose of ................. ......................... 
 
 will be held on the .... day of ...................... , I . . . . , 
 
 at the District School House. The polls will be open between 
 the hours of ...... and ...... o'clock . . m. 
 
 .................... ) Trustees. 
 
 .................... ) 
 
 Dated .... ...................... , I ..... 
 
IN DEX 
 
 Page 
 
 PROVISIONS OF THE ENABLING ACT 5 
 
 CONSTITUTIONAL PROVISIONS. 
 
 Executive Department X 
 
 Elective Franchise 9 
 
 Education 9 
 
 Public Indebtedness 12 
 
 Public Lands 12 
 
 State Institutions 9 
 
 The Legislative Department 8 
 
 STATUTORY PROVISIONS. 
 Title III. 
 Education. 
 
 Admission of Feeble Minded Persons 170 
 
 Agricultural College of Montana 43 
 
 Board of Trustees 100 
 
 Bonds 154 
 
 County Superintendent of Schools 79 
 
 Compulsory Attendance 138 
 
 city Superintendent of Schools 149 
 
 District Clerks 110 
 
 Duties of County Treasurer 128 
 
 Duties of County Clerk. Clerk of District Court and Justices of the 
 
 Peace 129 
 
 Election of School Trustees 89 
 
 Examinations and Certificates 132 
 
 Free County High Schools 120 
 
 Industrial Schools 144 
 
 t.ment of Permanent Funds 167 
 
 Miscellaneous 166 
 
 Pioneer Day 164 
 
 School Libraries 164 
 
 School Funds 149 
 
 Schools 116 
 
 School Districts 84 
 
 State Text-Book Commission 66 
 
 State Normal School 58 
 
 School of Mines 34 
 
 State University of Montana 26 
 
 State Board of Education 13 
 
 Superintendent of Public Instruction 74 
 
 Teachers Ill 
 
 Teachers' Institutes 130 
 
 Tree Planting 163 
 
 Vacancies , 162 
 
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