GIFT OF THE SCHOOL LAWS OF SOUTH DAKOTA ANNOTATED EDITION PUBLISHED BY The CAPITAL SUPPLY COMPANY PIERRE, SOUTH DAKOTA The Capital Supply Company Pierre, South Dakota Is the headquarters for all kinds of sup- plies needed by schools. If in need of any- thing for your schools write them for quo- tations. The following are some of the items that your district may need and which are carried in stock in the latest approved forms: The Capital Teachers' Register new form. $ 1.00 Clerks' Record Book 3.00 Treasurers' Record Book. 3. 00 Clerks' Bond Record 1.00 Clerks' Warrant Book 1.00 The New International Dictionary to schools 10.80 Write for special circulars on blackboards, pupils' and teachers' desks, maps and general school supplies, stating your needs. Address The Capital Supply Company Pierre, South Dakota "Everything For Schools" THE SCHOOL LAWS OF SOUTH DAKOTA ANNOTATED EDITION Compiled, Annotated and Indexed by J. Fred Olander PUBLISHED BY The CAPITAL SUPPLY COMPANY PIERRE, SOUTH DAKOTA w The present edition of the School Law of the state is a complete codi- fication of all political, civil and criminal laws dealing with the affairs of the state in an educational way. This also includes all decisions by the supreme court and opinions ren- dered by the several attorneys gen- eral to date. All sections not otherwise credited were enacted into law by the 1907 session of the State Legislature. J. FRED OLANDER. THE SCHOOL LAW OF SOUTH DAKOTA ESTABLISHING A UNIFORM SYSTEM OF EDUCATION FOR THE STATE OF SOUTH DAKOTA ARTICLE I Department of Public Instruction Section 1. State Supervision] The superintendent of public instruction shall be charged with the general supervision of all the county schools and the high schools and of all the city and county superintendents of the state. Sec. 2. Superintendent Duties of] He shall meet the county superintendents in convention at least once each year at such points in the state as he may deem most suitable for that purpose and by explanation and discussion endeavor to secure a more uniform and efficient administration of the school laws. Sec. 3. He, personally or by an assistant, shall inspect all high schools and shall have the power to accredit them to higher institu- tions or learning. Sec. 4. The state superintendent of public instruction shall ren- der a written opinion to any county superintendent asking it, touch- ing the exposition or administration of the school law, and shall de- termine all cases relating to the revocation of certificates appealed from the county superintendent. (Session Laws 1909.) Sec. 5. All necessary blanks to be used in transacting the bus- iness between county or city superintendents and the state superinten- dent shall be supplied by the state superintendent. He shall also com- 247912 4 SCHOOL LAWS pile a book of forms or blanks not furnished by the state, and all blanks used in a county or district must correspond with a form in such book. Sec. 6. On on before the thirtieth day of October preceding each regular session of the legislature, he shall present a biennial report to the governor, which report shall show the condition and needs of the public schools throughout the state and the workings of the educational system of the state. Sec. 7. He shall attend teachers' institutes in the several coun- ties in the state as far as may be consistent with other duties imposed by law, and assist by lecture or otherwise in their instruction or man- agement. The state superintendent shall prescribe rules and regula- tions for holding county normal institutes. Sec. 8. He shall on or before March 1st in each year, prepare and send to each county superintendent a list of the names of institute conductors, and county superintendents shall engage conductors for their county normal institutes from the list sent by the superintendent of public instruction. Sec. 9. He shall on or before the 1st day of April of each year call a meeting of the county institute conductors for the purpose of exchanging views relative to the best methods of teaching and for outlining, as far as practicable, a general plan for institute work. Sec. 10. Examinations] Public examination for state certifi- cates and life diplomas shall be held by the superintendent of public instruction at least twice each year, at such time and places as he shall select with a view to the accommodation of applicants for such certificates. Sec. 11. It shall be his duty to prepare all questions for the examination of teachers by the county superintendents, and no county superintendent shall examine teachers with questions not thus fur- nished. Whosoever shall sell, barter or give away to applicants for certificates or to any other person the questions prepared by the sup- erintendent of public instruction to be used by the county superintend- ents in the examination of teachers shall be deemed guilty of a mis- demeanor, and on conviction thereof shall be fined not less than twenty- five dollars or more than one hundred dollars. Sec. 12. State Certificates and Life Diplomas] The superin- tendent of Public Instruction may issue two professional certificates, the state certificate and the life diploma, as hereinafter provided. He shall keep a full record of all certificates issued by him and carefully file in his office all papers relating thereto and preserve said papers for the period for which the certificates were issued respectively. He SOUTH DAKOTA 5 shall subsequent to each examination, send to each county superin- tendent a list of persons receiving certificates. St-c. 1;5. Life Diploma] A life diploma shall be valid during good behavior and shall authorize the holder thereof to teach in any public school of the state. Applicants shall, by examination or other- wise show satisfactory proficiency in the following barnches: Read- ing, orthography, penmanship, arithmetic, grammar, composition, geography, United States history, including South Dakota history, civics and physiology and hygiene and shall pass a satisfactory exam- ination in physical geography, physics, algebra, geometry, general history of the pre-college grade, and in English language, and rhetoric, English and American literature, either economics or sociology, any two of botany, zoology, physiology, physics, chemistry, Latin, German, geology and mineralogy, astronomy, algebra and trignometry, all of the college grade and pedagogy including principles, method, manage- ment, psychology, and history of education. Provided, that a diploma from the state university of South Da- kota or from any approved college having a regular course of study in which at least four years' work above an approved four year high school course is required, may be accepted in lieu of an examination in the subjects named; if the applicant has in his college course pur- sued one course of pedagogical studies, and professional training com- prising at least one-fourth work during at least eighteen months. In case the holder of such diploma has not taken the required work in pedagogy the deficieny may be made good by examination. Provided further, that a diploma from any state normal school having a regular course of study in which at least two years' work above an approved four year high school course is required, or from any other normal school having a regular course of study of the same extent and simlar in character may be accepted in lieu of an examina- tion in the subjects named. An applicant for a life diploma by examination or otherwise must present evidence of at least forty months' successful experience in teaching and satisfactory evidence of good moral character. An applicant for a life diploma upon college or normal school credentials shall present a certified copy of his diploma accompanied by a certified copy of the course of study pursued specifically show- ing the amount of class work in each subject, together with the standing in each branch. Sec. 14. State Certificate] A state certificate shall authorize the person to whom it is issued to teach in any of the public schools of the state for the period of five years. Applicants for such state certificate shall, by examination or otherwise, show satisfactory pro- ficiency in orthography, reading, penmanship, arithmetic, geography, English grammar, physiology and hygiene, United States history in- 6 SCHOOL LAWS eluding South Dakota history, and shall pass a satisfactory examina- tion in civil government, American literature, drawing, algebra, plane geometry, physical geography, physics or botany, general history, ped- agogy and English language, composition and rhetoric. He must also present evidence of twenty-four months' successful experience in teach- ing. Provided, that a diploma from any state Normal School of South Dakota, having a course of study in which at least two year's work above an approved four year high school course is required, may be accepted in lieu of an ' examination in the subjects named. Provided further, that a diploma from any other school having a course of study equivalent in extent and similar in character, may be accepted in lieu of an examination in the subjects named. Provided, further, that applicant for the state certificate, upon Normal or other school credentials, must show that the course of study pursued therein contained a course of at least eighteen months of pedagogy and professional training, comprising at least one-fourth work for said time. They shall present their credentials to the de- partment of education in the same manner as is provided for appli- cants for life diploma. An applicant who presents evidence of gradu- ation from a normal or other school shall also present evidence of eighteen months' successful experience in teaching before being en- titled to said certificate, provided that the superintendent of public in- struction may issue to such applicant a provisional certificate for such probationary period. Every applicant for a state certificate shall sub- mit satisfactory evidence of good moral character. (Chapter 136 Session Laws 1911.) Sec. 15. Renewal, Validation, and Revocation of Certificate] The superintendent of public instruction may renew a state certificate upon the presentation by the applicant of satisfactory evidence of con- tinued and successful experience as a teacher and satisfactory evi- dence of full attendance at a county institute held the current year. He may similarly renew a first grade certificate and primary certificate. Provided, that a certificate which is permitted to lapse more than one year shall not be renewable. The state superintendent may validate certificates issued by other state departments of the United States of the rank of the life diploma, state certificate, first grade or second grade certificate in this state, provided that the requirements upon which they are issued are equivalent to the requirements for corresponding certificates in South Dakota. State certificates and life diplomas shall be revoked by the superintendent of public instruction for any of the causes enumerated in section 64 of the recovation of certificates by county superintend- ents, and in a manner similar thereto. (Session Laws 1909.) SOUTH DAKOTA 7 Life diplomas issued prior to the enactment of the compulsory institute attendance law may be revoked. Opinion by Philo Hall, Attorney General. Sec. 16. Applicants for a life diploma, except resident grad- uates of the schools of this state, shall pay a fee of ten dollars ($10.00), and similarly, applicants for a State certificate shall pay a fee of five dollars ($5.00), and for a provisional State certificate two dollars ($2.00); provided, that should an applicant fail in such examination one-half of the fee shall be returned. A resident graduate is entitled to a diploma or state certificate without fee, even though lie may have subsequently attended and graduated from other similar schools outside of the state. Opinion by Philo Hall, Attorney General. All these fees shall be forwarded to the State Department of Public Instruction and the State Superintendent shall pay the same into the State Treasury, which, with the money now on hand, derived from this source, shall constitute a fund to be known as the State Professional Fund, and the moneys so collected shall be paid out only upon the warrant of the State Auditor, issued on vouchers of the Su- perintendent of Public Instruction, approved by the Governor. Said State Professional Fund shall be used for the purpose of con- ducting investigations, and gathering data of the progress of education in this state and elsewhere; to publish such data and the results of such investigations and to distribute the same to teachers, citizens and others, and for furthering in other ways the profession of teaching. (Chapter 144 Session Laws 1911.) Sec. 17. Teachers' Reading Circle Board of Managers] The Teachers' Reading Circle Board of Managers shall consist of the pres- ident of the state educational association, the superintendent of public instruction and a member elected by the county superintendents of the state. The president of the State Educational Association shall be the president of the board and the members of the board shall elect a secretary who shall not be of their number and who shall have no voice in the proceedings of the board. The secretary shall receive such salary as may be fixed by the board who shall also prescribe his duties. The board of managers of t^ Teachers' Reading Circle shall hold at least one meeting each year to select the books to be read, and shall have general charge of the Teachers' Reading Circle work in the state. The members of the board of managers shall receive no compensation but their actual traveling expenses incurred in the dis- charge of their duties shall be paid from the fees collected for state certificates and life diplomas in the manner hereinbefore provided. Sec. 18. Office Provided] An office shall be provided for him at the seat of government in which he shall file all papers, reports and public documents transmitted to him by the county superintendents each year, separately, and hold the same in readiness to be ex- 8 SCHOOL LAWS hibited to the governor or a committee of either house of the legis- lature at any time when required, and he shall keep a faithful record of all matters pertaining to his office. All books presented to his office or purchased therefor shall be carefully preserved and catalogued by him. The educational library thus formed shall be open to the teachers of the state for reference and examination. Sec. 19. Deputy Superintendent] He shall have the power to appoint a deputy who shall perform such duties pertaining to the office as the superintendent may direct and who shall receive such salary as the deputies of the other state officers. The salary of the deputy superintendent of public instruction may be diminished or increased during 1 his term of office as he has no definite term, but only during 1 the pleasure of his principal. Somers v. State, 5 S. D. 584. Sec. 20. Salary of Superintendent] He shall receive such sal- ary as is prescribed by law and also a sum not exceeding fifteen hun- dred dollars per annum for traveling and other expenses while travel- ing on the business of the department. The traveling expense account and certified bills for necessary office expenses and for the printing of such blanks and reports as are required by law, shall be paid on the warrant of the state auditor. ARTICLE II County Supervision Sec. 21. Election of Superintendent] In each organized county at the first general election held after the admission of the state of South Dakota into the Union, and every two years thereafter there shall be elected a superintendent of schools whose term shall be two years, and no person shall be eligible for more than four years in succession. Sec. 22. Eligibility] . .No person shall be eligible to hold the office of county superintendent who is not the holder of a regular first grade certificate or a certificate of higher grade valid in the state at the date of his induction into such office and at least one year previous thereto. That if any person shall file any statement on oath, with the county auditor 15 days prior to the holding of any primary election, or other election, that any person whose name has been certified to the county auditor as a candidate for county superintendent upon any ticket is not qualified under the provisions of this act to hold the office of county superintendent, said candidate shall within five days SOUTH DAKOTA 9 after being notified of said statement being filed, file with the county auditor full proof that he is qualified to hold said office, and if he fails to do so, the name of said person shall not be placed upon the official ballot as a candidate by the county auditor. (Session Laws 1909.) Sec. 23. Qualification]. .The county superintendent shall quali- fy on or before the first Tuesday in January of the year following the one in which he is elected, by taking the proper oath of office, and executing a bond in the sum of five hundred dollars with two or more sureties to be approved by the board of county commissioners. The oath shall be subscribed upon the back of the bond, which shall be filed with the county auditor. The sureties of such bond shall be bound jointly and severally, and upon it an action or actions may be maintained by the board of county commissioners for the benefit of the district or person or fund injured by the conditions thereof. Sec. 24. When the office of county superintendent shall become vacant by death, resignation, removal or otherwise, the county board of commissioners shall fill the vacancy by appointement, and the person so appointed shall hold his office until the election of county officers. Sec. 25. Deputy County Superintendent] In counties having more than seventy-five schools the county superintendent shall have power to appoint one deputy, who shall receive such compensation as the county commissioners may provide. In determining- the number of schools in a county the several depart- ments of a graded school should not be counted as schools, but the graded school of the city or town should be counted as one school. Opinion by S. AY. Clark, Attorney General. In counties having- more than seventy-five schools the county superin- tendent has power to appoint deputy and the county commissioners must provide a just compensation. They cannot defeat this provision by allow- ing- a small compensation. Opinion by S. W. Clark, Attorney General. Sec. 26. Prohibition From Holding Other Offices] The county superintendent shall not hold the office of county commissioner or school district officer. Sec. 27. Salary] The county superintendent shall receive a sal- ary payable monthly and to be determined as follows: By the value of the property in their respective counties as fixed by the state board of equalization for the preceding year and by the population of their respective counties. The salary of the county superintendent is fixed by the board of coun- >mmissioners at their January meeting each year, but is payable monthly. Opinion by S. W. Clark .Attorney General. He shall be entitled to receive one mill on each dollar of the first one hundred thousand dollars, and three-eighths of one mill on each dollar from one hundred thousand dollars to six hundred thou- sand dollars, and one-fourth of one mill on each dollar from six hun- dred thousand dollars to one million, one hundred thousand dollars; 10 SCHOOL LAWS and one-tenth of one mill on each dollar from one million, one hun- dred thousand dollars to two million, six hundred thousand dollars; and one twentieth of one mill on each dollar on all sums above two million, six hundred thousand dollars. And in addition to the above named sum he shall receive for the first one thousand inhabitants within his county the sum of seventy-five dollars, for each additional one thousand inhabitants within the county, or major fraction thereof, he shall receive fifty dollars; Provided, that he shall not receive more than fifteen hundred in any county nor any other compensation, except as provided in sec- tion 52. Provided further, that in counties having an assessed valuation of less than three hundred thousand dollars, the salary shall not ex- ceed two hundred dollars. Sec. 28. Penalty] The county superintendent shall sign his name in the attendance register of each school he visits, showing date thereof; and he shall carry a record book of such visits, which book shall be signed by the teacher of the school visited by him, and such book shall be filed with the county auditor along with the bill of such superintendent's salary for the last month of the calendar year; and it shall be the duty of the county commissioners to deduct from the salary of such superintendent for such last month ten dollars for each and every school in the county under the direct supervision of such superintendent and not visited by him within such calendar year. Sec. 29. Mileage Allowed] The county superintendent shall re- ceive five cents per mile each way for every mile necessarily traveled in attending such meeting of county superintendents as may be con- vened by the state superintendent at any time. Provided, that such mileage shall not be regarded as compensa- tion. Sec. 30. Provide Office] The county superintendent may pro- vide at the county seat a suitable office for the transaction of business, when not provided by the board of county commissioners, and they shall allow accounts for all necesary expenditures for the use and fur- nishing of said office and for necessary stationery and printing. All books and pamphlets, circulars of information and other publications from the bureau of information of the United States and all official publications of this state and other public documents and books relat- ing to education, officially received by him, shall be deemed public property and shall be kept in his office, and, with other public prop- erty and records, delivered to his successor. He shall furnish the board of county commissioners such statistics relating to the schools of the county and the officers thereof as they shall desire, and as shall enable them to perform their duties correctly. SOUTH DAKOTA 11 Sec. 31. Duties of County Superintendent] The county super- intendent of schools shall be charged with the general supervision of the schools of his county. In towns having less than one thousand inhabitants he shall have authority of direct supervision. Sec. 32. He shall visit each school in his county as frequently as possible, at least once each school year, correcting any dificiency that may exist in the government of the school, in the classification of the pupils, or in the methods of instruction in the several branches taught; make such suggestions as he shall deem proper and necessary for the welfare of the school; note the character and condition of the school house, furniture, apparatus and grounds, making such sugges- tions to the district officers as will in his opinion improve the same. In case of flagrant or wilful neglect on the part of the school board to make the necessary repairs for the school or to correct unsanitary conditions or provide suitable water closets according to section 109 of the article relating to powers and duties of the district school board, within thirty days after written notice, he shall have power to order such repairs and changes as he may deem necessary and the school district shall pay expenses thus incurred from the district treas- ury, not to exceed $50.00 in any one year. Sec. 33. He shall keep a complete record of his official acts. Sec. 34. He shall keep a record of the name, age and postoffice address of each candidate for a certificate to teach, standing in each study, and the' grade, date of issue and expiration of each certificate granted. He shall keep on file the papers of applicants for special certificates at least for the periods for which a certificate is granted. Sec. 35. He shall keep a register of the teachers employed in his county giving the name of teachers, district in which employed, date of opening and closing terms, salary per month, grade of certifi- cate and date of superintendent's visits. Sec. 36. He shall keep a record of all apportionments of the state and county school funds, and such other statistical records as shall be required in making reports to the superitendent of public instruction. In addition to his annual report he shall, whenever called upon by the superintendent of public instruction, make such special reports as may be required. Sec. 37. The county superintendent of schools shall encourage teachers' institutes and associations, and shall labor in every practi- cable way to elevate the standard of teaching, urge the continual em- ployment of successful and efficient teachers, and prevent by all proper means, the employment of those who are incompetent and inefficient and seek to make the employment of all teachers a responsible public duty, for the public advantage only, and free from favor and sectarian interest. 12 SCHOOL LAWS Sec. 38. It shall be the duty of the county superintendent to hold district institutes during the school year, and he shall actively and earnestly promote the same. In holding said institutes he may group two or more districts in institute organization. Said districts shall he so arranged that the teachers in each district, or group of dis- tricts, shall have the benefit of such institutes at least twice during the school year. He may in his discretion close a part or all of the schools of his county, not to exceed two days in a school year, for the purpose of convening his teachers in convenient places for teachers' meetings or for institute purposes. Provided, that the teachers at- tending such meetings shall sustain no loss of pay. Sec. 39. It shall be the duty of the county superintendent to encourage the formation of Teachers' Reading Circle in his county. He shall report on or before December fifteenth of each year, to the secretary of the State Teachers' Reading Circle the enrollment of all persons in his county known to him to be pursuing the work of said circle, plans by which the work thereof is being carried on, and all matters of general interest thereto. He shall, under the direction of the superintendent of public instruction, arrange for an annual exam- ination in the State Teachers' Reading Circle course in his county and at shall be his duty to preside at the same or to appoint some compe- tent person to do so; to collect all papers submitted and to forward the same promptly to the secretary of the board of managers. He shall cooperate as fully as possible .with the board of managers of the State Teachers' Reading Circle in advancing the work of that organ- ization. Sec. 40. County Normal Institute] It shall be the duty of the county superintendent to hold annually a normal institute, between the first day of April and the fifteenth day of September, of not less than five days' duration, for the instruction of teachers and those who desire to teach, and he shall procure such assistance in addition to the conductor as he may deem necessary. At the close of the normal institute the conductor thereof shall immediately certify to the county auditor the dates of opening and closing said institute and forward to him a certified copy of his com- mission. The county auditor shall immediately present such data to the county treasurer, who shall thereupon transfer from the county general fund to the county institute fund the equivalent of ten cents per capita upon the school census of the county for the current year, provided, that if the per capita amount so ascertained shall be less than $150 in any county then at least the sum of one hundred fifty dollars shall be transferred by the board of county commissioners- to the county institute fund. Provided, that the county commissioners may make additional appropriation to the county institute fund when in their judgment it Is necessary in order to provide an effective institute. All disburse- SOUTH DAKOTA 13 ments of the institute fund shall be made upon warrant of the county auditor upon certified itemized bills, approved by the county super- intendent for services rendered or expenses incurred in connection with the normal institute. Sec. 41. Joint Institutes] The county superintendent may hold the county normal institute in his own county, or, he may hold the same in an adjoining county for the purpose of combining with such other county or counties if in his judgment it is to the best educational interests of his county. When two or more county institutes are combined and held in one county all bills against the county institute fund shall be audited in the county where the institute is held, and all disbursements of the institute fund shall be made upon warrant of the county auditor upon itemized bills approved by a majority of the county superintendents holding such joint institute. Counties holding joint institutes shall share the expense of such institute in such proportion as the number of children enumerated in the school census of each county bears to the total number of children enumerated in the counties so combined in the institute. The county superintendents of the counties combined for institute purposes shall determine each county's share of the expense of the institute as above provided and shall send a certified statement of the same signed by a majority of the county superintendents to the audi- tor of each county so combined, whereupon the county auditor so no- tified shall issue a warrant on the institute fund in favor of the county treasurer of the county in which the institute was held for his county's share of said expense and the said county treasurer shall place it to the credit of the institute fund of his county. Sec. 42. District Officers' Meetings] Each year the county sup- erintendent shall require the district school officers of his county to assemble at one or more convenient locations for discussing questions intended to promote the school interests of the county. In his dis- cretion he may close all the schools of his county and require the at- tendance of the teachers at such meetings; provided, that he shall give the interested persons ten days' notice and shall also notify the state superintendent of public instruction of such meeting. Provided further, that school officers shall receive a per diem of one dollar and fifty cents and five cents per mile each way for every mile necessarily traveled in attending the same, which shall be paid from the district treasury. If the teachers are required to attend they shall sustain no loss of pay. (Session Laws 1909.) Sec. 43. Examination of Officers' Accounts] It shall be the duty of the county superintendent at least once each year to notify the various district school officers of the time and place he will meet with 14 SCHOOL LAWS them, and presonally or through his deputy, to determine the accuracy of the school officers' records and to advise them as to the proper form of keeping such accounts and it shall be the duty of said officers to bring or send said records of their respective offices to the superin- tendent or his deputy at the place and time specified in said notice. Should any such officer fail to make his report according to law and at the time required, the county superintendent is authorized to procure the same by examination of the records, files and accounts of such officer for the purpose of obtaining such information. It shall be the duty of the county superintendent to file with the chairman of the district board a certified statement of the condition of the records, ac- counts and funds of the treasurer and clerk as shown by said examina- tion. Sec. 44. Medium of Communication] The county superin- tendent shall at all times conform to the instructions of the superin- tendent of public instruction as to matters within the jurisdiction of the latter. He shall serve as a medium of communication between the superintendent of public instruction and the district officers. Sec. 45. Power to Administer Oaths] The county superinten- dent shall have power to administer oaths of office to all subordinate school officers in his county and to certify to the same; and district clerks and chairmen are hereby empowered to administer oaths in all matters to which their respective districts may be a party. Sec. 46. Power to Close School] The county superintendent shall have power to close any. school under his supervision on account of contagious disease, or for any other good and sufficient cause known to him. Sec. 47. Census Enumeration Report] On or before the first day of July in each year, each county superintendent shall report un- der oath to the commissioner of school and public lands the enumera- tion of persons of school age in each school district in his county accord- ing to the census of the school districts as hereinafter provided. And this enumeration shall also be used by the county superintendent as a basis for apportioning the county general school fund. Sec. 48. Apportionment of School Money] The county treas- urer shall on or before the fifth day of January and July furnish the county superintendent with a statement of all moneys in the county treasury belonging to the county general school fund, and shall pay the same, upon the order of the superintendent to the treasurers of the re- spective public school corporations of the county. The county treasurer shall also pay at such times as are required by law, to the treasurer of each school corporation, all of the school money collected for such corporation, and shall take duplicate receipts for the money paid. He shall send one of the receipts to the clerk of the sa.id school corpora- tion. SOUTH DAKOTA 15 . 49. . . The county superintendent shall on the tenth day of January and July in each year apportion the money in the county treasury belonging to the county general school fund to the several school corporations within the county in proportion to the number of children of school age residing therein. He shall also draw orders on the county treasurer in favor of the several school treasurers of the county for the amount apportioned to them, and shall take their receipts therefor. Sec. 50. County General School Fund] The county general school fund to be thus apportioned shall consist of the money received from the income of the permanent school fund of the state as appor- tioned to the several counties by the commissioner of school and public lands, and the money derived from the tax levy of one dollar on each elector in the county, and also the fines as provided for in section 39 of Chapter 35 of Penal Code. Sec. 51. Annual Report to State Superintendent] The county superintendent shall on or before the first Monday of September of each year, make a report to the superintendent of public instruction containing a full abstract of the reports made to him by the district officers and such other matters as he shall be directed to report by the said superintendent, and as he himself may deem essential in exhibit- ing the true condition of the schools under his charge. Should he fail to make such report he shall forfeit to the school fund of his county the sum of one hundred dollars, and shall besides be liable for all damages caused by such neglect. Sec. 52. Failure of District Officer to Report] If any district officer fails or neglects to transmit or deliver to the county superin- tendent the annual report of his district at the time required by law it shall become the duty of the county superintendent to visit said dis- trict officer at his residence in said district and obtain such report. Upon sworn statement of such visit being filed with the county auditor the county commissioners shall order the sum of five dollars to be transferred from the general fund of said district to the county gen- eral fund and a county warrant for that amount shall be issued to the county superintendent. Sec. 53. Superintendent to Give Advice] . .The county superin- tendent of schools shall when requested give advice relative to school matters to any school officer or person within the county; but such advice shal 1 be advisory only. Sec. 54. Teacher's Certificate] The state superintendent of public instruction shall be authorized to issue teachers' certificates of the following grades: A first grade certificate valid for not to exceed three years, a second grade certificate valid for not to exceed two years, a third grade certificate valid for not to exceed one year, and a 16 SCHOOL LAWS primary teachers' certificate for not to exceed five years. The require- ments for all these certificates shall include both scholastic and pro- fessional ability. A complete certificate shall certify the scholastic and professional requirements, skill in teaching and moral character. Writ- ten answers for the scholastic examination hereinafter provided for shall be read and marked under the direction of the state superin- tendent of public instruction, and the markings for the professional requirements shall be given by the county superintendent who shall also be the judge of skill in teaching and moral character of the ap- plicant. Provided, that a diploma from any state normal school or any approved school of South Dakota, having a normal department ap- proved for normal training by the state superintendent, having a course of study in which at least two years' work beyond the first two years in an approved four year high school course is required and which shall include professional instruction and practice teaching equal to one class hour daily for two years may be accepted by the state superintendent in lieu of an examination for a first grade certificate. Provided, further, that a diploma from any state normal school or any approved school of South Dakota, having a normal department approved by the state superintendent for such normal training, hav- ing a course of study in which at least two years' work beyond the approved eighth grade course of the public schools of South Dakota is required and which shall include professional instruction and prac- tice teaching equal to one hour a week for two years may be accepted by the state superintendent in lieu of an examination for a second grade certificate. Provided, further, that the course of study pursued by every ap- plicant for a certificate under the provisions of this section shall in- clude all those branches of study required in the examination for first and second grade certificates respectively. The provisions of this act shall not affect the rights of persons holding certificates, provisional certificates or diploma at the date of the passage of this law or who may acquire certificates, provisional certificates or diplomas before this law becomes effective, but such persons shall be entitled to receive from the state superinten- dent certificates of the grade and standing which would be awarded were this law not enacted. (Chapter 136 Session Laws 1911.) Sec. 55. First Grade Certificates] A complete first grade cer- tificate certifying to scholastic requirements by the state superinten- dent and to professional requirements, skill in teaching and .moral character by the county superintendent in whose county the examina- tion is held, shall be valid in any county of the state, in all grades below the high school. Applicants for certificates of this grade shall pass an examination in orthography, reading, writing, arithmetic, geography, physical geography, English grammar, physiology and SOUTH DAKOTA f 17 hygiene, with special reference to the effects of alcoholic drinks and narcotics upon the human system, history of the United States, civil government, current events, American literature, South Dakota his- tory, drawing and didactics. Sec. 06. Second Grade Certificates] A complete second grade certificate for both scholastic and professional requirements, signed by the state superintendent and the county superintendent, as indi- cated above for first grade certificate shall be valid in all grades below the high school in the county in which the examination is held, and may similarly be made valid in any county by the endorsement of the county superintendent of said county. Applicants for certificates of this grade shall pass examination in orthography, reading, writing, arithmetic, physiology and hygiene with special reference to the effect of alcoholic drinks and narcotics upon the human system, geography, English grammar, history of the United States, civil government, South Dakota history, diactics and drawing. Sec. 57. .Third Grade Certificates] A third grade certificate valid in grades below the high school only in the county where issued and in such district as the county superintendent shall designate upon its face, and signed by the state superintendent and county superin- tendent, may be issued in the discretion of the state superintendent to those candidates who have failed in their examination to measure up to the requirements of the department for the second grade certi- ficate. No teacher shall be entitled to receive more than two third grade certificates. Sec. 58. Primary Certificates] A primary teacher's certificate shall authorize the holder thereof to teach in the kindergarten and first and second grades only in cities and towns, and shall be issued on examination in the following branches: Reading, writing, ortho- graphy, arithmetic, physiology and hygiene with special reference to the effects of alcoholic drinks and narcotics upon the human system, geography, English grammar, history of the United States, South Da- kota history, drawing, didactics, and in questions in kindergarten and primary methods. The primary teacher's certificate shall be valid in the county where issued and may be valid in other counties by the endorsement of the county superintendent. Sec. 59. Regulations for Holding Examinations] The regula- tions for holding the examinations by the county superintendent in each county and the required standards upon which the various cer- tificates shall be issued shall be prescribed by the state superintendent of public instruction. Provided, that no person shall be entitled to a certificate of any grade who has not attained to the age of eighteen years and who does not present evidence of good moral character. Provided, further, that applicants for first, second, or third grade 18 SCHOOL LAWS certificates, and for primary teachers' certificates, shaii pay a fee of one dollar. All such fees shall be collected by the county superin- tendent and deposited with the county treasurer one-half to the credit of the institute fund and one-half to the credit of the general fund if the state, to be turned into the state treasury, and it shall be placed to the credit of the same fund as fees for state certificates and life diplomas. Sec. 60. Time of Examinations] The time for regular examin- ations shall be uniform throughout the state and the examination shall be conducted by the county superintendent in each county, or by persons appointed by him, strictly according to regulations prescribed by the department of public instruction. An affidavit may be required of such an examiner, certifying that the regulations regarding such examinations have been fully observed. Such public notice shall be given of the time and place and regulations governing the examination, as the superintendent of public instruction may determine. The local expense for the exam- inations herein provided for in each county shall be paid by the county in which said examinations are held. The necessary expenses incurred by the superintendent of public instruction in carrying out the provisions of this act shall be paid from the appropriation made for the maintenance of the department of education. Sec. 61. Teachers to Draw Pay] The regular examinations shall be public and the teachers desiring to take the same may dis- miss their school for that purpose for a period not exceeding two days in each year, without loss of pay. Sec. 62. Special Certificates] Any county superintendent may, on his own examination, issue a certificate of the first, second or third grade to applicants who present satisfactory proof that they were unable to be present at the public regular examination. Such certi- ficate shall be termed a special certificate and shall be valid only in grades below the high school in a district specified on its face and until the next succeeding public regular examination. The special certificates must be issued only upon a special examina- tion held as per the requirements which the applicant has passed. Special certificates cannot be issued upon an expired certificate or upon high school or other school diplomas. Opinion by S. W. Clark, Attorney General. Sec. 63. Prohibition on Teaching] No person shall be allowed to teach in any of the public schools of this state nor draw wages as a public school teacher who is not the holder of a valid teachers' cer- tificate issued pursuant to the provisions of this and the preceding articles. Provided, that in cities and other independent districts persons exclusively engaged in teaching music, drawing, penmanship, book- keeping, foreign language, or kindergarten method shall not be required to hold a county certificate. Sec. 64. Revocation of Certificates] The county superintendent SOUTH DAKOTA 19 is hereby authorized and required to revoke at any time first, second or third grade certificates and primary teachers' certificates for any cause which \vould have prevented the issue of the same, for in- competency, immorality, intemperance, violation of the state law, cruelty, general neglect of the business of the school and for refusal and neglect to attend regularly a county institute and at least one district institute each year, after due notice, provided that holders of first or higher certificates, in force, who have attended regularly at least four normal institutes may be excused by the county or state superintendent, in his discretion, from attendance at county institutes for such current year. Sec. 65. The county superintendent within ten days after his decision to revoke a certificate, shall transmit a written statement to the person accused stating the ground upon which said certificate was revoked and a copy of the statement shall be forwarded to the state superintendent of public instruction. The aggrieved person desiring to appeal from said decision within ten days after receipt of such notice, shall serve a written notice of appeal from said decision on the state superintendent of public instruction, which notice shall specify the grounds upon which the appeal is taken. The state superintendent shall provide for a fair review in the case of an appeal from the de- cision of the county superintendent. The moment the aggrieved person has served notice of appeal on the state superintendent the case is in his hands, and he must provide for a fair review. This" may be by submitting written testimony or in the giving of oral testimony in person, by both sides. Opinion by Philo Hall, Attorney General. The teacher's certificate revoked by a superintendent continues in that condition until the same is reversed by the state superintendent. Opinion by Philo Hall, Attorney General. ARTICLE III Sec. 66. School Corporations] Any school district containing one or more schools, except those governed by the provision of Article XI relating to cities, towns and adjacent territory organized as inde- pendent districts, are for the purposes of this chapter defined to be school districts. Sec. 6613. Each common school district in this state may choose a name and record the same in a book to be kept for the pur- pose in the office of the county superintendent of schools, of the county wherein such district is located; provided that such county superintendent shall refuse to record as the name of any district, a name which has been previously chosen and recorded by another dis- trict in the same county. The respective school districts are hereby empowered to contract in and sue and be sued by the name so chosen and recorded. (Chapter 142 Session Laws 1911,) 20 SCHOOL LAWS 9 Sec. 67. In all counties organized for school purposes under the district system, each school district shall be and remain a school dis- trict corporation until changed as herein provided. Each township in every county in this state which consists of territory not organized into a civil township shall be and remain a school district corporation until changed as herein provided. Provided further, nothing in this article shall be construed to alter the boundary lines of any school district or of any school town- ship organized prior to the passage of this chapter, except as herein- after provided. Sec. 68. In any county now, or hereafter organized, the county commissioners shall divide the county or the settled portions thereof into school districts. In the formation of such districts and the for- mation of their boundaries as provided for in this section, boundary lines of congressional townships shall be made the boundary lines of the districts; Provided, that the commissioners may, at their discretion, when for the best interests of the schools, organize one or more congres- sional townships into one school district; A school district may be so formed as to include all or a portion of an Indian reservation, but of course such land cannot be assessed until it has been opened to settlement. Opinion by S. W. Clark, Attorney General. Provided further, that no district shall be thus formed in which there are not at the time of its formation at least ten children of legal school age. Sec. 69. Division of District] In any county school districts may be divided as follows: Upon receipt of a petition signed by at least one-third of the qualified electors of any district, it shall be the duty of the district clerk to post a notice on the door of each school house in said district, calling an election for the purpose of dividing said district into new districts. Provided, that said petition and posted notices shall contain a plat of the proposed division, and a copy of said plat shall be posted by the district clerk at the polling place on the day of election. The purpose of a notice of a proposed change in the boundaries of school districts is to give the school districts to be affected an opportunity to be heard, and the manner in which such notice is given is immaterial where it appears that such notice was given so as to enable the district to be affected to prepare for and protest against the action of the special board. School District No. 56 v. School District No. 27, 9 S. D. 336. Provided further, that said petition shall be filed with the dis- trict clerk at least twenty days prior to said election, and said notices shall be posted at least ten days before said election specifying the time and place thereof. The election shall be held on the second Tuesday of March, at a convenient place designated by the school board at a regular or special meeting thereof; The provisions appertaining to the election of district school officers shall apply to this election as near as applicable. If a majority SOUTH DAKOTA 21 of the votes cast at this election are in favor of division, -and said petition and poll book of said election are on file with the county aud- itor, the board of county commissioners and the county superintend- ent shall, at the next regular meeting of the board of county commis- sioners in April following such election, divide the said district in accordance with the return of said petition and election. Any district which comprises two or more civil townships may be divided in accordance with said petition and election. At the regular meeting of the board of county commissioners in July following said election, the board of county commissioners and the county superintendent shall make an equitable apportionment of the property and indebtedness (other than Uonded) of the district, among the new districts formed therefrom; The apportionment of the property and indebtedness may be made at a subsequent meeting of the county commissioners and county superin- tendent, but in case considerable time has elapsed it would be proper to due notice to interested parties. Opinion by Philo Hall, Attorney General. The school districts affected must, without special notice, take notice that the county commissioners and the county superintendent of schools will, at the July meeting following a change of boundaries in the school districts, or at the adjourned meeting, make an apportionment of the prop- erty. School District No. 56 v. School District No. 27, 9 S. D. 336. Provided, that should there be any bonded indebtedness out- standing against the district, the county commissioners shall levy a tax annually on the property of the new districts formed therefrom sufficient to pay the interest and principal of the bonds as the same become due. The county treasurer shall apply such tax to the pay- ment of said bonded indebtedness, and when the bonds are paid and cancelled the county treasurer shall place the unused balance, if there be any of such tax, to the credit of the districts formed therefrom. The taking by one school district of part of the territory embraced in another district, at the time the latter issued a bond for the erection of a school building, does not render the former liable either to the latter or to a creditor thereof for any part of such bond in an action at law, in the absence of express legislation imposing a liability upon it, especially where the school building remained in the old district. Livingston v. School Dis- trict No. 7, 9 S. D. 102. Sec. 70. Formation of Township Districts] Upon the receipt of a petition signed by a majority of the" qualified electors of any civil township in said county having districts smaller than civil townships, the county commissioners and the county superintendent of schools shall declare that the school districts shall comprise a school town- ship district, and the county superintendent shall appoint the neces- sary officers as hereinafter provided in section 90, who shall hold until the next election. Sec. 70 1. Creating of School Township Districts] Whenever tvo-thirds of the qualified electors of any congressional township in this state which is now a part of some school district comprising more one such congressional township shall petition t Lo board of county commissioners of their county to create a separate school dis- tr'ct comprised of their congressional township and have filed such 22 SCHOOL LAWS petition T* 7 ith the county auditor, it shall be the duty of said bo", rd of county commissioners, together with the county superintendent of schools of said county, at the first regular or special meeting of said board of county commissioners, to declare said congressional township a separate school district, and the county superintendent shall appoint the necessary officers as provided in Section 90, Article 5, Chapter 135, Session Laws of 1907, who shall hold office until the election. Provided, that no such district shall be formed, if by forming such school township district any territory heretofore belonging to such former district shall be left without reasonable school privi- leges, or in such shape as to render it impracticable for district pur- poses. Any property interests of the district affected by the provi- sions of this act shall be adjusted in accordance with the provisions of Section 69, of Chapter 135, of the Session Laws of 1907. (Chapter 242, Session Laws 1909.) Sec. 71. Election of New Officers] In ,each new district formed by division as provided for in section 69, the officers thereof shall be chosen at the annual school meeting following. The clerk of each original school district shall, on or before the first Tuesday in July following the division as provided in section 69, forward to the county auditor a certified statement of the finances of the district, including the bonded and other indebtedness. The treasurer of each original district shall also within the same time turn over to the county treas- urer all money belonging to said district, and such money shall be apportioned to the districts succeeding as provided in the preceding sections. Sec. 72. Name of School Corporation] Every school district which consists of a civil township shall be named the School District of 'County State of South Dakota, with the name of the civil township inserted in the blank before the word school, and the name of the county in which it is situated insert- ed before the word county. Every school district consisting of ter- ritory not organized into civil township, but which has been named by a distinctive name shall have such distinctive name inserted in the blank before the word school. Every school district consisting of .territory not organized into a civil township and which has no dis- tinctive name shall be called District No of county with its proper number inserted in the blank after the word No., and the proper name of the county inserted. Sec. 73. Change of Boundaries] After the boundary lines of the several school districts in the county are established, such" boun- daries at any regular meeting may be changed by the board of county commissioners and the county superintendent of schools upon a peti- tion for such change signed by ten legal voters residing in the dis- tricts to be affected by the change; due notice having been given by SOUTH DAKOTA 23 the county auditor to the school boards of the districts to be affected by such proposed change, if in the judgment of the commissioners and the superintendent such change is for the best interest of the pa- trons of the schools. :on authorizing- the change of boundaries of school districts ty upon a petition "signed by ten legal voters residing in tricts affected," need not necessarily be signed by ten h of the districts affected. School District Xo. 74 v. Lincoln County. 'J S. D. 291. New districts may be created from existing districts within a single county, as wH) as the mere change of boundaries of the existing districts, of county commissioners and the county superintendent of schools upon a petition signed by ten legal voters residing in the "dis- ts" to be affected by the proposed change. School District v. Lincoln County, 9 S. D. : let cannot escape liabilities to pay a new district the amount apportioned by the special board to such new district, on the :.d that a proper form of notice of the proposed change of boundari.-s was not given to the former district, where the officers of the board and voters of such district have been heard and their protest or containing a recital that the clerk of the board was given notice was co: School District No. 56 v. School District No. '21, 9 S. D. 336. Provided, that when petition is made for the formation of a dis- trict from parts of two or more counties, the commissioners of the said counties may in their discretion appoint a joint commission to establish the boundaries of the proposed district and to adjust all the accounts relating thereto. The said joint commission shall ap- point the necessary officers in said district. It shall be the duty of the county superintendent of the county in which the school house of said district is located to fill all vacancies that may occur thereafter, to license the teacher for said school and to have supervision of the same. Whenever district boundaries shall be changed under the pro- visions of this article, it shall be the duty of the county commissioners and the county superintendent to make an apportionment of property and indebtedness as hereinafter provided. The county superintendent of any county in this state shall have power and it shall be his duty, whenever petitioned so to do by any land owner whose place of residence on such land in any school dis- trict in such county, or whose dwelling house thereon is more than three miles from the location of the school house in such district, to make an order attaching such land, not to exceed one hundred and sixty acres, to any adjoining school district, the school house in which is located within three miles or less of said residence or dwelling house, and thereafter said land shall be a part of the district to which it is so attached. Sec. 74. School District a Corporation] Every school district established under the provisions of this article or heretofore estab- lished, shall be and is hereby constituted a district corporation for school purposes, and under its own proper name and number of such corporation may sue and be sued, contract and be contracted with, purchase, hold and use personal and real property for the purpose mentioned in this article and sell and dispose of the same. 24 SCHOOL LAWS Sec. 75. Judgment] Whenever any final judgment shall be obtained against any school corporation, the board thereof shall levy a tax upon the taxable property in the corporation for the payment thereof, and such tax shall be collected as other school taxes, but no execution shall issue against a school corporation. Such tax or taxes shall not be greater than two per cent in any one year, and any sur- plus fund in the treasury of the school corporation may be appro- priated to the payment of a judgment. If the school board refuse or fail to levy such tax, the judgment creditor may apply to the board of county commissioners, who shall cause such tax to be levied upon the property of the school district. When collected it shall be paid over by the county treasurer to the judgment creditor, whose receipt therefor shall be delivered the same as money to the treasurer of the school corporation by the county treasurer. Such levy may be repeated until the judgment is paid. Sec. 76. Courts of Jurisdiction] Justices of the peace shall have jurisdiction in all cases in which a school corporation is a party interested, when the amount that is claimed does not exceed one hundred dollars, and the party shall have the right to appeal as in other cases. Sec. 77. rFines ; How Collected] All fines and penalties not otherwise provided for in this chapter shall be collected by action in any court of competent jurisdiction. Sec. 78. Plat of County] The county superintendent shall with- in thirty days after the first school election held as provided herein transmit to the superintendent of public instruction, a plat of the county showing the boundaries and name of each school district there- in. He shall also record a copy of the same, together with all the proceedings of the county board done under this article in a proper book kept for that purpose. He shall promptly furnish such officer with a correct plat, showing any changes at any time in the boundaries of school corporations. The superintendent of public instruction shall furnish directions for the suitable preparation and construction of such plats, in regard to the scale of marking, etc., in order to secure uniform series of maps for binding for office use. Sec. 78}. To Permit Public Meetings in School Houses] (1) That the public school houses in the state of South Dakota, outside of cities and towns may hereafter be used for public meetings, including singing, literary societies, political and other meetings of moral pur- poses; provided, such use shall be entirely without expense to the school district having control of such school house for heat and light and care of same; and provided further, that any person or persons or public body so using any such school house shall be responsible to such school district for any and all damage that may be caused to such school house or any fixture or furniture therein by reason of such use or occupancy as aforesaid. SOUTH DAKOTA 25 If any person residing within the district wishes to secure the school house for any meeting or meetings, such as are enumerated above, and makes application to the chairman of the school board or other school officer having custody of the school house in said district, it shall be the duty of said chairman or school officer having custody to grant permission for such meeting or meetings; provided, such meeting or meetings shall in no way interfere with the school that may be in session at the time. Provided, further, such chairman or other school officer having custody of such school house may refuse such applicant if the school house- has been previously engaged for any similar meeting covering the same period of time. ARTICLE IV District School Board Sec. 79. Election] The school district annual election shall be held upon the third Tuesday of June in each year. Sec. 80. Personnel of the Board] The district school board of each school district shall consist of a chairman, a clerk and a treasurer who shall be elected at the time of the school district annual election, each for a term of three years, as follows: A chairman in 1907 and every three years thereafter. A clerk in 1908 and every three years thereafter. A treasurer in 1909 and every three years thereafter. In the filling of vacancies or the election of officers for a new district, they should be elected so that throughout the state the chairman of the school boards would be elected on the same year, the clerks the succeed- ing year and the treasurers on the next succeeding year, in rotation. That makes it uniform, and the title of the laws says that it is to establish a uniform system. Opinion by J. L. Pyle, Attorney General. Provided, that school officers duly elected and qualified at the time of the passage of this act shall continue to serve as officers till the expiration of their respective terms of office. Sec. 81. Annual Election] Not less than ten days before the election required under the provisions of this article, the district clerk shall post notices in three public places in the district. Said notices shall specify the time and place of holding the election, and the hours during which the polls shall be kept open. The chairman and clerk of the district board shall serve as judge and clerk of the election. If they are not present at the time of open- ing the poll, voters present may select a judge and clerk from their number. The polls shall be open at 2 p. m. and kept open two hours in the district having but one school, and four hours in districts hav- ing more than one school. All persons who are qualified electors under the constitution of the state shall be qualified to vote at any school district election. The voting must be by ballot, and the polls 26 SCHOOL LAWS and tally list supplied through the county superintendent, must be kept and returned to the district clerk, who shall upon receipt of the same issue the certificate of election to the persons receiving the greatest number of votes as shown by the certified returns; Provided, that in case of a tie in the election of an officer, the contest shall be settled at once by lot by the board of election. Provided, that at the annual school district election the electors shall have authority to instruct the board in matters pertaining to the management of the schools for the coming year. They shall be called to order for this purpose at three o'clock p. m. or as soon thereafter as practicable. The chairman of the school district board shall act as chairman of the meeting and the clerk shall keep the minutes of the meeting in the permanent records of the school dis- trict. At this meeting the electors may instruct the board and it shall be their duty to carry into execution all such instructions, per- taining to the branches to be taught in addition to those prescribed in section 138; the time at which the schools of the district shall be held; the amount of tax levy, to direct the repair of the school houses, fixtures and out-buildings; and for the removal of the school house to a more convenient location, for the erection of a new one, or the sale of an old one, and the lands belonging thereto; and upon any other subject pertaining to the schools. At this meeting it shall be the duty of ,y o f . August of each year. On making said settlement it shall be the duty of the district board to compare the certified bills allowed by the board with the orders issued, also to compare the orders prud by the district treasurer the preceding year with the clerk's record of orders issued; and also compare the record of the money received and orders paid by the said treasurer with his annual report, and if found cor- rect the report shall be approved, the orders cancelled and filed T ,vith the district clerk. The board shall cause to be posted in three public places, or published in a newspaper of general circulation ir the coun- ty, an itemized statement for the receipts and expenditures for the preceding school year. Sec. 127. False Report Penalty] Any clerk or treasurer of a school district who shall wilfully sign or transmit a false report to the county superintendent, or wilfully sign, issue or publish a t-iUe statement of facts purporting or appearing to be based upon books, accounts or 'records, or of the affairs, resources and credit of tbe school district, shall upon conviction be punished by a fine of not ex- ceeding fifty dollars or by imprisonment in the county jail not ex- ceeding fifteen days. Any clerk or treasurer of a school district who shall wilfully mutilate or destroy any of the books, accounts or rec- ords of his office, or who shall refuse to deliver to his successor in office all the books, accounts, records of his office upon demand of his successor for the same, shall be deemed guilty of a misdemeanor, and it shall be the duty of said successor to begin action immediately upon the official bond of such officer for recovery of such money or other property. SOUTH DAKOTA 41 Ser. 128. Failure to Report} Any school district officer who is re- quired by law to make a report to any other county or school district officer, and who shall wilfully neglect to make such report or fail to perform such official duties, shall forfeit and pay to the school funds of said county or district a penalty of not less than ten dollars or more than fifty dollars, to be recovered from such delinquent officer, or from him and his sureties in the official bond, in a civil action to b.e brought by the state's attorney in any court of record having juris- diction. Sec. 121). Notice of Tax Levy to County Auditor] It shall be the duty of the district clerk on or before the 20th day of July in each year, to notify the county auditor of the amount of tax voted at the last annual meeting or levied by 'the district school board, and of any and all other tax of which notice has not previously been given. The notice shall be substantially in the following form: District Clerk's Office, School District No County, South Dakota, 19 To the County Auditor of County, S. D. Sir: You are hereby notified that at a meeting of District No held on the day of the following tax was voted for the coming school year : For tuition fund dollars For general fund dollars For interest and sinking fund dollars Total dollars (Signed) District Clerk. The rate per centum of all school taxes shall be calculated and fixed by the county auditor, who shall consolidate the amounts and extend the school tax in one column. Sec. 130. Accounts How Kept] All moneys apportioned by the county superintendent to the district or received from the district tax for tuition purposes shall constitute the tuition fund. All moneys received from other sources shall constitute the general fund. The treasurer shall keep one general account wherein he shall set down on the debit side all the money he shall receive as treasurer from all sources whatever, each item of entry showing plainly the source of the particular payment to him with the date theerof; and he shall set down upon the credit side all the money he shall pay out for all pur- poses whatever, every item thereof showing to whom and for what purpose each payment was made, with the date thereof. The debit 42 SCHOOL LAWS side shall always be balanced by the total of the credit side, with th.3 funds on hand added thereto. At the beginning of every school year he shall open such account anew for that year, and the first item shall be an entry on the debt side of the balance on hand, if any, for the preceding year. He shall also keep a separate set of accounts of dif- ferent classes of receipts and expenditures, showing severally tho fol- lowing: Receipts Amount received into the tuition fund from all sources Amount received into the general fund from all sources Amount received into the interest and sinking fund from all sources Expenditures Amount paid tuition ! Amount paid for school houses, sites and furniture Amount paid for incidental expenses Amount paid as interest on bonds Amount paid upon debts and liabilities not included in other items. . . The several accounts shall be separately kept and not required to balance. The accounts for different classes of receipts shall be kept separately from the accounts of the different classes of expend- itures; but every entry in each shall fully and clearly designate its source of purpose with the dates. Sec. 131. Reports Subject to Approval of County Superin- tendent] All reports and records of district officers and proceedings of district meetings shall be subject to the approval of the county superintendent, and if any money belonging to any district shall be expended for supporting a school in which the English language shall not be taught exclusively, or if any such money be otherwise unlaw- fully expended, the county superintendent or any taxpayer of the dis- trict may in a civil action in the name of the district recover said money from the officer so expending it. (Chapter 143 Session Laws 1911.) Sec. 132. Books and Reports Open to Inspection] All reports and all books, records, vouchers, contracts and papers of all kinds relating to the school houses, schools and school business in the dis- trict, in the office of the clerk or treasurer, shall be at all times open to the inspection of the chairman who shall advise and aid toward securing correct records and accounts, and legal reports, and the\ r shall likewise be open to the inspection of the state and county sup- erintendents, and any particular paper or record shall be exhibited at reasonable hours to the examination of any voter or taxpayer. Sec. 133. Majority of Board Have Authority] Words giving a joint authority to three or more public officers or other persons are 'construed as giving such authority to a majority of them unless it be SOUTH DAKOTA 43 otherwise expressed in the section or law giving the authority, and when a decision or direction is made by the majority of such officers or persons, it is the duty of the one to whom its execution belongs by law, to execute the same in all respects as if he had favored the par- ticular decision or direction, as if it were authorized unanimously. Sec. 134. Cultivation and Protection of Trees and Shrubs Upon the School House Grounds] It is hereby made the duty of the officers of every school district in the state of South Dakota to plant trees and shrubs upon the grounds of each school house in their district and to encourage the school children to plant such trees and shrubs and to cultivate and protect the same. Where stock is permitted to run at large, it is hereby made the duty of the school officers in every district in South Dakota to cause to be erected about the grounds of every school house in each district a substantial fence sufficient to protect the trees upon the school house grounds from destruction by live stock, and such fence shall be pro- vided with convenient gates or stiles. ARTICLE VI Teachers and Schools Sec. 13o. School Year, Month and Day Defined] The school year shall begin July first and end June thirtieth. A school month shall consist of twenty days, a school week of five days, a school day of five and one-half hours exclusive of intermission. Provided, that the time specified as a school day shall not apply to primary schools. Saturday shall not be counted as school days. Sec. 136. Employment of Teachers] Teachers shall be employ- ed only upon the exhibition of the teacher's certificate valid in the county where employed, and then only upon a written contract signed by the teacher and at least two members of the district school board, which shall specify the date at or about which the school shall begin, the length of time it shall continue, the wages per month and the time of payment thereof, and said contract shall be signed in duplicate, and one copy filed in the office of the clerk and the other retained by the teacher. The following conditions shall be understood as form- ing a part of every contract, whether expressed therein or not: Employment of a teacher who does not hold a lawful certificate is forbidden and an attempted contract with such unqualified teacher is void. Hardy v. Purington, 6 S. D. 382. In the absence of any stipulation in the contract to the contrary, no deduction can be made from the teacher's salary because of the destruc- tion of a school building 1 , but if she secures employment elsewhere during 1 the life of the contract only the difference in salary earned can be collected. Opinion by Philo Hall, Attorney General. (1) The teacher shall not hold school upon any of the follow- ing legal holidays: The thirtieth day of May, the fourth day of 44 SCHOOL LAWS July, the day appointed by the president of the United States for na- tional thanksgiving, and the twenty-fifth day of December. But such days shall count as part of the term and the teacher shall be paid therefor, but such pay shall not be drawn for any Sunday. (2) School shall be adjourned during the session of the county Normal Institute, when the teachers have been notified by the county superintendent. (3) Teachers shall receive into their schools pupils transferred thereto by the order of the district board, or admitted by its authority. (4) Teachers shall send the notices, keep proper entries in the register which shall show the grade in which each pupil belongs, the pupil's standing as shown by the examination, and such other infor- mation as will assist the succeeding teacher in the conduct and man- agement of the school, and make the report required by law; and the county superintendent shall promptly furnish without cost to the teacher the blank forms for such reports; and the district board shall furnish for use the proper register prepared so that the required facts and statistics can be kept in an orderly manner. (5) Teachers shall classify the work of their schools in accord- ance with the suggestions, grades and outlines as prescribed in the course of study recommended by a majority of the county superin- tendents of the state and the superintendent of public instruction, and shall hold examinations, and make reports as prescribed therein. (6) The county superintendent shall divide his county into dis- tricts as may be convenient for the purpose of holding district teachers' institutes during the school year on Saturdays and all teach- ers employed in the schools of each institute district shall be required to attend the meetings in such district but not less than two nor more than four such meetings shall be held in each district during any school year, nor shall such meetings be held oftener than once in two months. The county superintendent shall organize the teachers of each institute district at or near the beginning of the school year by appointing a manager and a secretary from among the teachers of the district, who shall, in conjunction with the county superintendent, prepare the programs for the several meetings to be held, and it shall be the county superintendent's duty to give all the teachers of the district at least two weeks' notice of such meeting. Each meet- ing shall consist of one session of approximately three hours. The program shall be so arranged that all teachers of the district shall be given an active part as often as practicable. The work as outlined by the state teachers' reading circle board shall constitute one-third of the work, and the balance of the program shall also be for the general improvement of the teachers. The manager and the county superintendent shall keep complete records of the work at such meeting which shall show the absence, tardiness and attendance of all teachers and the manner in which SOUTH DAKOTA 45 each one performed the duty or duties assigned. Within five days after the holding of such district institute the county superintendent shall forward the clerk of the school board or the secretary of the board of education in the institute district a certificate of attendance, duly signed and sealed, which shall entitle the holder thereof to the sum of $2.00 and five cents mileage each way for every mile neces- sarily traveled from the residence of the teacher in the district to the place of holding of the institute, but such attendance shall be in the institute "district in which the school is located. Provided, that if a teacher fails to attend the district institute, after due notice, or fails to perform the duty or duties assigned, the county superintendent shall certify that fact to the clerk of the school board or to the secretary of the board of education of the school district in which such teacher may be employed, who shall then cause to be deducted the sum of $1.50 from the salary of such teacher, un- less such absence shall be caused by illness or other reason as shall be approved by the county superintendent. Provided further, that whenever a teacher of a school or the majority of the teachers of a graded school desire to attend a state or district state association the school board or the board of educa- tion is hereby authorized to close such school or schools for not more than five days to enable such teacher or teachers to do so; provided, that the teacher or teachers must make up any time so lost from their engagement, unless the school board or board of education pass a resolution to other effect. revisions can be incorporated in teachers' contracts that are re- pugnant to the powers and authority vested in the school board by statute or which would enable it to arbitrarily terminate a contract, but that any reasonable provision may be incorporated in the contract if agreed to by both parties, which is not inconsistent with the provisions of such con- tracts required by statute or foreign to the usual and customary duties of her although such provisions may be in addition to those required by statute. Opinion by Philo Hall, Attorney General. It has been held that the school board acting in good faith with the district, can make a contract for the services of a teacher where the term romnu'iK-'-s during the life of the board hiring such teacher, but where the term laps over into the official year of their successor, but cannot make a contract for the teaching of a term which begins during the term of their successor. Opinion by J. L. Pyle. Attorney General. In case a school is closed on account of sickness among the pupils, at the very beginning or during the term the board is liable for the teacher's salary. Opinion by S. W. Clark, Attorney General. In order to enable a school board to make a valid contract with a teacher, a teacher must be the holder of a valid certificate at the time of signing the contract and in order to continue such contract in force, said teacher must continue to be the holder of a valid certificate during the lift- of such contract. Opinion by W. H. Roddle, Assistant Attorney Gen- Sec. 137. Teachers to Give Notice on Beginning School] Every teacher on commencing a term of school shall give written no- tice to the county superintendent of the time and place, of beginning of such school, and the probable time when it will end. 46 SCHOOL LAWS Sec. 138. Branches to be Taught] Instruction shall be given in the common schools of the state in the following branches in the several grades in which each may be required, viz: Reading, writing, orthography, arithmetic, geography, primary language and English grammar, history of the United States, history of South Dakota, physi- ology and hygiene, with special instruction as to the nature of alco- holic drinks and narcotics and their effects upon the human system, civil government, drawing and music. (Session Laws 1909.) Sec. 139. Board Shall Provide Register] The /board of every school district shall provide one classification school register for each school therein, which shall conform to the form prescribed in the book of forms provided in section 5, of article 1, and keep the same as part of the records of his office, except, during each term of school, when the teacher shall keep said register and record therein, each day the attendance of each pupil and the absence of those enrolled, and all other items necessary for making the report in the next section re- quired. Sec. 140. Teacher Shall Make Term Report] . Every teacher of a common school under this law shall at the expiration of each term immediately make out full duplicate reports and deliver one copy thereof to the school clerk, and one to the county superintendent. Such report shall show the names, ages and sex of all pupils admitted during the term, the branches taught, the studies pursued by each pupil, the text-books used, the number of days taught, the number of days each pupil was present the average daily attendance, the date when school began and ended, the salary per month, and information concerning the school and property. In addition to the above Jus report shall show the grade in which each pupil belongs; his stand- ings as shown by the monthly and term examinations, the daily pro- gram of class recitations, and such other information as may be re- quired by the county superintendent. The teacher shall also make monthly reports to parents and to county superintendents when blanks for the same are furnished. And until such report sb&Il have been filed with the clerk, the school board shall not pay more than ninety per cent of the wages, of such teacher for his or her ser- vices as such, for the time required to be covered by such report. The school board has a right to retain ten 'per cent of each month's salary of the teacher until such teacher has filed the report for tte term at its close. Opinion by Philo Hall, Attorney General. Provided, that any teacher who wilfully neglects to give notice and make reports herein provided or who shall refuse to fuliill the conditions of his contract unless such neglect or refusal be on ac'count of sickness shall thereby forfeit her certificate to teach. Sec. 141. Disturbance of a Public School] Every person whether pupil or not, who shall wilfully molest or disturb a public school when in session, or who shall wilfully interfere with or inter- SOUTH DAKOTA 47 rupt the proper order or management of a public school by acts of violence, boisterous conduct or threatening language, so as to prevent the teacher or any pupil from performing his duty shall be guilty of a misdemeanor and shall upon conviction thereof, before a justice of the peace, be punished by a fine not exceeding twenty-five dollars or by imprisonment in the county jail not more than ten days, or by both such fine and imprisonment. Sec. 142. Defacement of School Property] Any pupil who cuts, defaces, or otherwise injures any school house, apparatus, or outbuild- ings thereof, is liable to suspension or expulsion; and on the com- plaint of the teacher to any member of the school board, the parents or guardians of such pupils shall be liable for all damages. ' Sec. 143. Ethical Instruction] Moral instruction intended to impress upon the mind of pupils the importance of truthfulness, tem- perance, purity, public spirit, patriotism and respect for honest labor, obedience to parents and due deference for old age, shall be given by every teacher in the public service of the state. Sec. 144. Humane Treatment of Animals to be Taught] There shall be in the public shools of this state, in addition to other branches of study as now prescribed, a system of humane treatment to animals. Each school supported wholly or in part by the public funds of this state, in any county or city thereof, shall instruct all scholars in the laws of this state as embodied in the penal code, or other laws pertaining to the humane treatment of animals, such studies on the subject as the board of education having supervision thereof may adopt, such instruction to consist of not less than one lesson of ten minutes each during each week of the school year. But no experi- ment upon live animals, to demonstrate facts in physiology, shall be permitted in any school in this state. Sec. 145. Necessary Equipment] Each school and each school room, containing one or more of the grades, three to eight inclusive, and each ungraded district school shall be supplied with a dictionary of some standard grade of a kind and edition approved by the county superintendent of schools, and a globe of some standard grade, a well mounted and recent set of wall maps, black boards, and other suitable apparatus for efficient teaching; within thirty days after the request in writing for the same has been made by th"e teacher. And the dis- trict school board may also provide for each. school other high grade library books and books of reference as they may deem for the best interest of the school; Provided, said expense for books and other equipment as enumerated above shall not exceed fifty dollars for any school in any one year. Provided, that no district school board shall buy any apparatus, chart, or similar device unless said board is ex- pressly authorized so to do by a majority of the school electors of such school district at a regular or regularly called special meeting thereof. (Chapter 145 Session Laws 1911.) 48 SCHOOL LAWS Sec. 146. Prohibition on Binding Contracts] No contract bind- ing on the school district shall be made in any case except by the school board or board of education, acting as such, at a regular meet- ing, or regularly called special meeting, excepting contracts made for the employment of teachers. A school warrant or order which is a contract is void unless author- ized to be issued at a regular or properly called special meeting of the board. Rockford v. School District No. 6, 103 N. W. 763. Sec. 147. Tuition for Eighth Grade Graduates] Any pupil who shall successfully complete the work of the eighth grade as estab- lished in the state course of study and who shall hold a common school diploma granted by the county superintendent is privileged to continue his school work up to and including the twelfth grade by attending any graded school (high school or normal school), in the state furnish- ing a higher course of study, and not to exceed two dollars per month of the tuition charge therefor shall be paid by the board of his home district from the general fund thereof, if his home district does not provide instruction in such higher grades, and any tuition charge in excess of said two dollars ($2.00) per month, which, in addition there- to shall not exceed the actual per capita cost per month of school- ing a student in such graded school, shall be paid by the student or his parent or guardian. (Chapter 137 Session Laws 1911.) "Home district" here means the district in which a child may have his legal residence. Opinion by S. W. Clark, Attorney General. A pupil who holds a diploma of graduation according to the above provision cannot compel the home district to pay tuition in a college. Opinion byW. H. Roddle, Assistant Attorney General. A graduate of the 8th grade who is more than twenty-one years of age cannot compel the home district to pay his tuition to continue the work in the high school. Opinion by S. W. Clark, Attorney General. ARTICLE VII Sec. 148. Every person having under his control a child between the ages of eight and fourteen years, both inclusive, shall annually cause such child to regularly attend some public or private day school for the entire term during which the public school in the dis- trict in which he resides is in session. Provided, that the district board may decrease the required term of attendance to not less than sixteen weeks, twelve weeks of which must be consecutive. For every neglect of such duty the person offending shall be fined for the use of the public schools of his school corporation, a sum of not less than $10.00 nor more than $20.00 and shall stand committed until such fine and costs of suit are paid. A child is fourteen until he has reached the age of fifteen years. De- cision by Granville G. Bennett, Judge of Lawrence County court. A bad condition of roads, stormy weather, or the need of the ser- vices of a child at home is not a sufficient excuse for keeping a child out of school. Decision by Judge Dimock, Hutchinson County court. But if the person so neglecting shall show to the board of educa- tion or district school board, as the case may be, or to the court, that instruction has otherwise been given by a competent person for a like SOUTH DAKOTA . 49 period of time to such child in the branches commonly taught in the public schools; that such child has already acquired the branches of learning taught in the public schools; or. that his physical or mental condition as declared by a competent physician is such as to render such attendance unsafe or impracticable; or, if in the opinion of the court or judge such compulsory attendance would impose conditions which would not be humane, then such penalty shall not be incurred. Such fine shall be paid, when collected, to the county treasurer or the treasurer of such city or independent district in which such child and parents reside, to be credited by him as other money raised for school purposes to the district from which it came. Ser. 149 The board of education of city or town independent school districts shall appoint each year a truant officer, whose duty it shall be, under the direction of sai^ DOUTJ or its superintendent, to enforce the provisions of this act. Provided that the county superin- tendent shall act ex-officio as truant officer for all other districts. The truant officer shall peceive such compensation for his services as the board of education may determine. It shall be the duty of the truant officer, teacher, member or agent of such board of education to petition, and any reputable citi- zen may petition the county court of the county, to inquire into the case of any child of compulsory school age who is not attending school, or whose attendance is irregular, or who has been guilty of habitual truancy, and the. petition shall also state the names, if known of the father or mother of such child or the survivor of them, and if neither father nor mother of such child is living or cannot, be found in the county or if their names cannot be ascertained, then the name of the legal guardian, and if there be neither, then the person who, in the judgment of the court, is responsible for the conduct of such child. Such petition shall be verified by oath upon the belief of the petitioner, and upon being filed, the judge of the county court shall cause to be issued a citation to the sheriff of the county directing him to bring such parent, guardian or person before the court or judge and shall summon such witnesses as may be necessary to ascertain the facts in the case, and if the court or judge shall find that the material facts set forth in the petition are true, then such parent, guardian or person shall be fined as hereinbefore provided. It shall also be the duty of said truant officer to arrest children of school going age who habitually haunt public places and have no lawful occupation, and also truant children who absent themselves from school without leave, and place them in charge of the teacher having charge of the school which said children are by law entitled to attend. The board of education shall have the power, in its discretion, to set aside a room or building for the detention, during reasonable hours, and instruction of such children as may be assigned thereto &:J oo! L ' 50 SCHOOL LAWS by the superintendent, principal or board of education because of ha- bitual truancy, continued violation of the rules of the school, or of vicious or immoral habits, and to pass and enforce such rules and to provide teachers and other agents and equipment as may be necessary to maintain discipline and instruct in the same branches as are pro- vided in other rooms or buildings. And it shall be the duty of said teacher to assign such children to their proper classes and instruct them in such studies as they are fitted to pursue. Any school officer or employe failing to perform the duty required of him by this ar- ticle shall be liable to a fine of not less than $10.00 nor more than $20.00 for every such offense. Sec. 150. No child under the age of 'fifteen years shall be em- ployed, permitted or suffered to work at any gainful occupation in any mine, hotel, laundry, manufacturing establishment, factory, pas- senger or freight elevator, bowling alley, or in any saloon, theatre, concert hall or place of amusement where intoxicating li-uiors are sold, or as messenger or driver thereof, or in any other muniM-r in work performed for wages or other compensation, to \vohuisoeyer payable, during any portion of any month during the hours when the public schools of any district in which he or she resides are in ti-ssion. Every owner, superintendent or overseer of any mine, factory, work-shop, mercantile establishment, or any other person who shall employ any child under fifteen years of age contrary to the provisions of this article shall be deemed guilty of a misdemeanor, and for every offense shall upon conviction thereof be fined not less than $10.00 nor more than $50.00 and costs. Any person having the control of a child or who may have child- ren in his employ, who with the intent to evade the provisions of this article shall make a wilfully false statement concerning the age of such child or in regard to facts covered by any other provision of this article, shall for such an offense be fined in any sum not less than $10.00 nor more than $50.00 for the use of the public school corpora- tion. ARTICLE VIII School Bonds Sec. 151. Bonds May Be Issued] Whenever the quailified elec- tors of a school district shall at any regular or special meeting held for that purpose, vote to issue school district bonds for the purpose of building and furnishing a school house and purchasing grounds on which to locate the same, or to fund an outstanding indebtedness, the school district board may lawfully issue such bonds in accordance with the provisions of this article. When a petition signed by a sufficient number is presented to the school board, the board must act. Opinion by S. W. Clark, Attorney Gen- eral. SOUTH DAKOTA 51 Provided, however, that the question of issuing bonds shall not be submitted to a vote of the district and no meeting shall be called for that purpose until the school district board shall have been peti- tioned in writing by one-third of the voters resident in said school district. Sec. ir>2. Before the question of issuing bonds shall be sub- mitted to a vote of the school district, notices shall be posted in at least three public and conspicuous places in said district stating the time and place of meeting, the amount of bonds proposed to be issued and the time in which they shall be made payable; said notices shall be posted not less than twenty days before the meeting, and the vot- ing shall be done by means of written or printed ballots and all bal- lots deposited in favor of issuing the bonds shall have thereon the words "For issuing bonds," and those opposed thereto shall have thereon the words, "Against issuing bonds;" and if a majority of all the votes cast shall be in favor of issuing bonds the school board through its proper officers shall forthwith proceed to issue bonds in accordance with the vote; but if a majority of all the votes cast are against issuing bonds, then no further action can be had, and the question shall not be again submitted to a vote for one year thereaf- ter, except for a different amount. Sec. 153. Denomination of Bonds] The denomination of bonds which may be issued under the provisions of this article shall be fifty dollars or some multiple of fifty not .exceeding two hundred dollars, and shall bear interest at the rate of not exceeding seven per cent per annum, payable semi-annually in accordance with interest coupons which shall be attached to said bonds; and such bonds shall be made payable in annual, biennial or triennial succession, but no bond shall be made payable in less than three or more than fifteen years; and no greater amount than two thousand five hundred dollars can be issued for any one school house, except in towns or villages of more than one hundred inhabitants, and in such districts the amount shall not exceed four per cent of the assessed valuation of said district. Provided, that when a district containing two or more schools, at a meeting of the electors thereof, shall have voted to consolidate part or all of such schools, or if two or more districts shall have voted to consolidate for the purpose of establishing and maintaining a grad- ed central school, in such cases bonds may be issued not to exceed four thousand dollars for the purpose of building and equipping a school house. Provided, that the amount shall not exceed four per cent of the assessed valuation of said district. Provided further, that for the purpose of this act the valuation fixed by the state board of equalization at its last preceding meeting shall be the assessed valuation of such districts. (Session Laws 1909.) 52 SCHOOL LAWS Sec. 154. Bonds Form ^ of Auditor's Certificate] Whenever any bonds are issued under the provisions of this article, they shall be lithographed or printed on good bond paper and shall state upon their face the date of their issue, the amount of the bond, to whom and for what purpose issued, also the tinie and place of making, and the rate of interest to be paid. They shall have printed upon the margin the words, "Authorized by article 8 of chapter of the Session Laws of South Dakota for 1907," and upon the back of the bonds a certificate signed by the county auditor in substantially the following form: "I certify that the within bond is issued in accordance with law, and is within the debt limits permitted by the constitution of the state of South Dakota, and in accordance with a vote of school district at a regular (or special) meeting on the day of A. D. 19 to issue bonds to the amount of dollars." They shall be signed by the chairman and clerk of the school board and shall be registered and numbered in a book to be kept by the clerk for that purpose, in which shall be entered the number, date, and name of person to whom issued, and the dates when the same shall become due. All bonds must be issued in denominations authorized by law or same are invalid. Livingston v. School District No. 7, 9. S. D. 345. Statutory limitations does not apply to refunding bonds. Ewart v. Mallery, 16 S. D. 151. Bond Tax Levy] In any school district where there are bon-ls outstanding, the school board shall have the power at the time the school taxes are levied, to levy a tax in addition to the tax provided for in section 118 sufficient to pay the interest on said outstanding bonds as the same may become due and not to exceed fifteen p:r cent of the principal as a sinking fund. The said tax shall be certified to the county auditor by the school clerk at the same time that the levies for other purposes are certified. The money obtained from the levies for the interest and sinking fund shall not be used for any other purpose than that for which the levies are made; Provided, that when any school district shall hereafter issue bonds, the school district board shall at or before the time of so do- ing provide for. a levy of an annual tax sufficient to pay the interest and principal thereof when due, and all such levies when legally made shall be irrepealable until such debt be paid. Provided, however, that such levy shall not be greater than fifteen per cent in any one year of the debt to be paid. The school board may in their discretion purchase any of its outstanding bonds at their mar- ket value and pay for the same out of the sinking fund. Sec. 155. Sale of Bonds] Whenever any bonds shall be issued under the provisions of this article, the school district treasurer shall SOUTH DAKOTA 33 have authority to negotiate and seH such bonds for not less than par, and the proceeds shall be used exclusively for the purpose of building and furnishing a school house and in payment for a site for the same and for necessary buildings. .rchase in good faith, of bonds issued by boards of education is not depriv.-d of the right to rely on the recital therein as to the purpose for which re issued. Pierre Bd. of Kdu. v. McLean, 45 C. C. A. 658. A municipality is estopped, as against the bona fide purchaser of its bonds, to asst-rt the falsity of a certificate upon the face thereof that all conditions precedent to their issuance have been performed in regular and due form as required by law. Xat. L. Ins. Co. v. Huron Bd. of Edu., 12 S. D. E Sec. 156. Bonds A Lien on Property] Bonds issued under the provisions of this article shall be a lien upon the taxable property of the school district issuing them, and when any school board neg- lects or refuses to levy a tax in accordance with law to meet any out- standing bonds or interest thereon, the county auditor shall have power to levy such tax, and when collected to apply the proceeds to the payment of such coupons and bonds. Sec. 157. Cancellation of Bonds] Whenever the bonds of any school district shall have been redeemed by the school board, they shall be cancelled by writing or printing in red ink the word, "Can- celled and paid," across each bond and coupon, and the date of the payment and the amount paid shall be entered in the clerk's register against the proper number of bond and the bonds so cancelled shall be filed in the office of the district treasurer until all the outstanding bonds are paid, when they shall be destroyed in the presence of the full board. Sec. 158. Building a School House] Whenever any school house is built with bonds provided in the manner herein authorized, the school board shall advertise at least thirty days in some newspaper printed in the county, or by posting notices for the same length of time in at least three of the most public and conspicuous places, if no newspaper is published in the county, for sealed proposals for building and furnishing such school house in accordance with plans and specifi- cations that shall be furnished by the school board, reserving the right to reject any and all bids, and if any of the proposals shall be reason- able and satisfactory said board shall award the contract to the lowest responsible bidder, and shall require of such contractor a bond in double the amount of the contract, conditioned that he will properly account for all money and property of the school district that may come into his hands, and that he will perform the conditions of his contract in a faithful maner and in accordance with its provisions, and in case all the proposals shall be rejected said board shall advertise anew in the same manner as before until a reasonable bid shall be submitted; Provided, however, that no member of the school district* board, clerk or treasurer, shall be interested, directly or indirectly in any con- 54 SCHOOL LAWS / tract for building or furnishing any school house provided for in this article. 159. Bonds Executed Now in Excess of Statute] When any school district in this state, which shall have heretofore legally issued, executed and delivered its negotiable bonds for the purpose then pro- vided by law, and which at the time of issue thereof was not in excess of the debt limit allowed said district or township by law but which said district for any reason has outstanding in said bonds and other indebtedness an amount in excess of the present constitutional and statutory limit, so as to preclude a valid issue of bonds funding all outstanding indebtedness, then, and in that event the school board of said district upon being authorized to do so by a majority vote of all electors at any regular election or special election called for that pur- pose, is hereby empowered to make a contract for the issue of exten- sion coupons with the holder or holders of said outstanding bonds, at or prior to the time of the same becoming due, which said contract shall be entered upon the clerk's record of said district, and in pursu- ance of said contract the said school board shall execute and deliver the extension coupons of said district, extending the time of payment of said school bonds heretofore issued for a period of not less than three nor more than ten years, at a rate of interest to be agreed upon between said school district board and the holder or holders of said bonds, not to exceed the rate in the original bonds, payable semt- annually at such date and place as may be stated in said coupons. Sec. 160. Certificate of County Auditor] When any school dis- trict in this state shall have voted to issue its negotiable bonds for the purpose now provided by law, and before the county auditor shall certify to the bonds, as required in section 154 the said district shall file with said auditor certified copies of the record of the said school district, ordering said election, and the records and poll book of said election, and unless said records show a strict compliance with law, the said certificates shall not be executed.. ARTICLE IX Sec. 161. Bonds by Boards of Education of Independent School Districts in all Cities of the First Class and Cities Under Commission Having a Population of 10,000 or Over] Boards of education of in- dependent school districts in all cities of the first class and in all "cities under commission" having a population of 10,000 or over by the last preceding federal or state census are hereby authorized and empowered to issue negotiable bonds in the manner hereinafter pro- vided for the following purposes: 1. To refund bonds that may now be outstanding. 2. To fund outstanding warrants. 3. To raise money for the purchase of sites and the erection of suitable buildings SOUTH DAKOTA 55 for school purposes. 4. To raise money for the erection of additions to school buildings, (Chapter 139 Session Laws 1911. Emergency, Effective February 7, 1911.) St'c. 162. Resolution of Board] When the board of education of the independent school district of any city of either of the classes referred to in Section 161 hereof, shall deem it necessary and ex- pedient to raise money for any of the purposes herein provided for, it shall pass a resolution setting forth clearly and distinctly the object or objects, for which the bonds are to be issued, the amount of the bonds, the maximum rate of interest which they are to draw and the time when they shall become due and payable. Said resolution shall further fix the time and place for holding an election and shall dis- tinctly specify the propositions to be submitted to the electors. Such resolution may include the issuing of bonds for one or more purposes. The resolution shall provide for its publication in two or more news- papers published in said city and that said publication shall be at least once a week for four weeks prior to the time of such election. When such resolution shall be adopted by the board, it shall be en- tered at length by the clerk on the minutes, signed by the president and attested by the clerk. (Chapter 139 Session Laws 1911. Emer- gency, Effective February 7th, 1911.) Sec 163. Polling Place] The board shall fix a polling place in each ward and shall appoint by resolution the members of said board from the respective wards as judges of election. Such judges shall appoint a competent person as clerk. Sec. 164. Election] Said election shall be held in accordance with the general election laws of this state, except as herein modified; Provided, no registration of electors shall be necessary. The polls shall be opened at 2 p. m. and close at 6 p. m. on the day desig- nated. All persons, male and female, who are qualified electors under the laws of the state shall be competent to vote at such election. Sec. 165. Ballot Form of] The ballot to be used shall be white paper and shall be printed by authority of the board, and have printed upon it the propositions submitted to said electors. Said proposition or propositions so printed on the ballot, shall be, as near as possible, in the following form: 1. Shall the board of education of the city of (giving the name of city) be authorized to issue bonds in the sum of (naming it) pay- able in twenty years or less from date, at a rate of interest not to exceed five per cent per annum, payable annually, for the purpose of refunding the outstanding bonded indebtedness of such school cor- poration? 2. Shall the board of education of the said city (naming it) be authorized to issue bonds in the sum of (naming it) payable in twenty 6 SCHOOL LAWS years or less from date, and bearing rate of interest not to exceed five cent per annum, payable annually, for the purpose of funding the out- per cent, payable annually, for the purpose of purchasing suitable sites 3. Shall the board of education of the city (naming it) be authorized to issue bonds in the sum of (naming it) payable in twenty years or less from date, at the rate of interest not to exceed five per cent, payable annually, for the purposes of purchasing suitable sites and for the erection of suitable school buildings? 4. Shall the board of education of the city of (naming it) be authorized to issue bonds in the sum of (naming amount) payable in twenty years or less from date, bearing a rate of interest not to exceed five per cent, payable annually, for the purpose of erecting additions to school houses? On the ballots there shall be printed opposite each separate proposition the words "yes" and "no" with squares before them. Any elector desiring to vote for one or more of said proposition shall place a cross in the square opposite the word "yes." Any elector desiring to vote against one or more of said propositions shall place a cross in the square opposite the word "no." Sec. 166. Board Canvass Votes] After the close of the polls the respective election boards shall canvass the votes cast and certify the result to the board of education. The board of education shall meet within one week after such election and proceed to canvass the votes cast in the various wards, and the result of the canvass must be en- tered in the minutes of the board. At such election the proposition sub- mitted must receive a majority of the votes cast. If one or more of said propositions receive such a majority the clerk must enter in his records the affidavits of publication of notice of the election. Sec. 167. Kate of Interest and Signature of Officers on Bond] The bonds when issued shall not bear a higher rate of interest than five per cent, payable annually. They shall specify on their faces the purpose for which they are issued and the time of the election author- izing their issue; the time and place of payment which shall not ex- ceed twenty years, and the statement that they are issued in accord- ance with the provisions of this article. The bonds shall be signed as follows: The board of education of the city of (naming it) by (giving his name), president of the board, and attested by the clerk, with the seal, and countersigned by the treasurer of said board. Each bond so issued shall not be less than fifty dollars. Such bonds when issued shall be held to be negotiable securities any may be issued payable to order or bearer. The annual interest shall be evidenced by coupons attached to the bonds. The coupons shall be signed and attested in the same manner as the bonds, but need not be countersigned by the treasurer. SOUTH DAKOTA 57 Sec. 168. Sale of Bonds] ' Such bonds shall be sold at public auction to the highest bider for not less than par. The board of edu- cation shall cause at least two weeks' notice to be published, stating the time and place where such bonds will be offered for sale. Sec. 169. Bond Issue Limit of Tax Levy to Pay] Any board of education of the independent school district of any city of either of the classes referred to in Section 161 hereof shall not issue bonds in such sum which, with the outstanding indebtedness, shall exceed five per cent of the assessed valuation of the taxable property situated in said school district, except when they are for funding or refunding pur- poses; but such funding or refunding bonds, with the debts not funded, shall not exceed the five per cent limit. Before any bonds are issued and sold in accordance with this article and with the vote of the electors of said corporation, the said board of education shall pass a resolution providing for the levy of an annual tax, which said levy shall include a sufficient sum to pay the annual interest on all bonds issued under this article and to create a sinking fund of at least three per cent per year of the principal of such bonds. The interest and sinking fund thus provided for shall be set apart by the treasurer of said corporation and shall not be used for other purposes. The sink- ing fund shall be applied to the payment of the bonds as fast as enough accumulates to pay one or more bonds, or for the purchase of such bonds at or below par; Provided, that such board may at its discre- tion pay not to exceed one year's interest in advance on any bond to- gether with the principal, when it deems such course advisable, and in order to retire the bonds as fast as there is money in the sinking fund. (Chapter 139 Session Laws 1911. Emergency, effective Febru- ary 7, 1911.) Sec. 170. Interest Coupons Payment of] Whenever the inter- est coupons on any bonds become due, they shall be promptly paid by the treasurer on presentation, and he shall stamp them "paid,"' with the date of payment, and his name. All bonds paid by him shall be cancelled in the same manner and filed with the clerk of the board. Sec. 171. Property Pledged to Pay Bonds] The school property and fund of such school district are hereby pledged for the payment of any bonds issued under this article or under previous laws that may be superseded by this article. Sec. 172. Bonds Registered] It shall be the duty of the clerk and treasurer to register each bond issued in a suitable book, with the name of the purchaser and the names of subsequent holders when known. Such book shall contain columns for entering the payment of the coupons and bonds. 58 SCHOOLS LAWS ARTICLE X Sec. 173. Bonds for School Districts Created by Special Act] Any independent school district heretofore created and organized un- der a special act is hereby authorized and empowered to issue bonds for the purpose of building, enlarging or furnishing school houses; or for purchasing grounds on which to locate the same, in any amount not exceeding five per centum of the assessed valuation of the property in the independent district, in such manner as is now provided for the issuance of bonds for like purposes under the provisions of the general school law; The school corporation is a separate entity from city organization and city indebtedness cannot be taken into account in determining- the limit of bonded indebtedness of the school corporation. Wilson v. Huron Bd. of Edu., 12 S. D. 535. Ins. Co. c. Mead, 13 S. D. 46. Provided, however, that in no case shall the outstanding indebted- ness, together with the bonds so issued, exceed five per centum of the assessed valuation of the property in said independent district. ARTICLE XI Cities, Towns and Adjacent Territory, Organized as Independent Dis- tricts Sec. 174. All cities towns and adjacent territory organized as independent school districts shall be governed by the provisions of this act. Provided, that any city or town organized under special act, either for civil government or educational purposes, may at any time adopt the provisions of this act by a majority vote of the electors. Provided further, that any city or town, or any unincorporated town or village, having a population of one hundred inhabitants or over, within a radius of one mile from the center, may adopt the provisions of this act. In such cases the county superintendent shall, upon petition of a majority of the legal voters within the proposed district, call the first election thereof by posting notices in not less than three of the most public places in the district or districts in which said city or town is situated, said notices shall contain a full description of the boundaries of the proposed district, and also the time and place of holding the election. If a majority of the voters of the district or districts in which the said city or town is situated, shall vote for the incorporation of the said city or town as a corporation for school purposes, then it shall be considered as authorized and the county superintendent shall, without delay, publish notices for an election of officers of said corporation. (Session Laws 1909.) The boundaries of the school corporation thus formed must corres- pond to the boundaries of the civil corporation. Opinion by Philo Hall, Attorney General. Any town or village containing a population of one hundred people SOUTH DAKOTA 59 within a radius of one mile may adopt th.e provisions of this article, .-r it is incorporated or not. Opinion by S. W. Clark, Attorney Gen- eral. Sec. 174i2. In all cases where any city, town or village, now organized and existing under and by virtue of any special charter, may adopt the provisions of the general law relating to cities, towns or villages and reorganize under the same, such reorganization shall in no way limit or affect existing boundaries of any school district of which district such reorganized city, town or village may form a part, and shall in no way affect existing laws controlling or regulating such school district. [Chapter 62, Session Laws 1909.) Sec. 175. Whenever a new corporation is authorized and es- tablished as provided in Section 174, the County Superintendent, the President of the Board of Education of the district thus organized, and the Chairman of the School District superseded by the organization of the new district, shall constitute a committee of arbitration for the purpose of adjusting all property interests, liabilities, bonds or other forms of indebtedness between the new corporation and the district or districts superseded by its formation. The title to all real and personal property granted to the new corporation by the committee of arbitration shall be made over, trans- ferred and conveyed to said corporation by the district or districts su- perseded and in which such property was previously vested, upon order of said committee. And all personal property granted to the said new corporation shall be delivered to the proper officer by those having it in charge, upon demand, accompanied by the order of the committee. And the new corporation shall be liable for and shall assume and pay according to their legal tenor, effect and obligation, all the outstanding debts, liabilities and bonds, and the accrued interest thereon, of the school district or districts superceded by the new cor- poration, and the same as if said debts, liabilities or bonds, had been incurred or issued by said new corporation, and the law which authorized the superseded district or districts to incur said liabilities and debts, or to issue said bonds, shall apply to the new corporation the same as if it had originally been authorized to incur or issue, and had incurred and issued said liabilities, debts or bonds. The debts, liabilities, and bonds shall be deemed in law to be those of the new corporation, with the same validity for securing and enforcing the payment of the principal and interest that they would have against the district or districts that incurred or issued them. That the foregoing provisions shall apply with equal force where the school organization superseded and its officers were a part of the city government in which the schools were situated. It shall be the duty of the County Superintendent to file with the County Auditor a correct plat showing the adjustment of district 60 SCHOOL LAWS boundaries in consequence of the formation and organization of the district as above provided. 2. That the foregoing amendment shall apply with full force and effect to independent school districts which were organized prior to the passage of this act as if said amendment had been passed and was in force previous to their organization. All issues of bonds by school districts prior to the passage of this act, for the purpose of refunding bonds of the district or city superseded by the new corpor- ation and all payments of liabilities and indebtedness of said district or city are hereby made legal to the same extent as though the foregoing amendment had been in force before any proceedings were had for the issue of said bonds or payment of said liabilities and debts. Where any election has been held or other steps have been taken or proceedings had preparatory to the issue of bonds for the purpose of refunding bonds of the district or city superseded by the new corpora- tion, it shall be unnecessary to repeat such election or proceedings al- ready had, but the new corporation may continue the proceedings with the same force and effect as though such election or proceedings were all had after this amendment goes into effect. (Chapter 134 Session Laws 1911. Emergency, effective March 2, 1911.) Sec. 176. Attachment of Territory] Territory outside of the limits of any organized independent school district, but adjacent thereto, may be attached thereto, and territory within the limits of any independent district, organized for school purposes and adjacent to any school district may be attached to said school district, whether said independent district has been organized by special act or other- wise, under the following condition: First. Application by written petition for such change must be made by a majority of resident electors desiring to have territory attached to or detached from any independent district. Second. Upon receipt of such petition the county superintendent shall call a committee to decide upon granting or refusing the peition, said committee consisting of himself, the president of the board of ed- ucation of said independent district and the chairman of the district board. Third. The committee shall consider the interest of the two cor- porations concerned, the convenience of the petitioners and the per- manent school interest, and if they deem it proper, shall grant the petition and issue an order authorizing the attaching of such territory to the independent district or school districts to which it is adjacent, and if to any adjacent district containing a city or town, such order shall specify to what ward er wards such territory shall belong for all school purposes; SOUTH DAKOTA 61 Provided, that when territory has been attached prior hereto the board of education shall at any regular meeting determine to what ward or wards such territory shall belong for all school purposes. Fourth. The committee shall also have power to adjust all prop- erty interests involved in the change which concerns the two corpora- tions interested. Before the issuance of an order authorizing the change, they shall make an equitable adjustment of any question 'of indebtedness involved. Fifth. A record of the decisions of the committee shall be trans- mitted to the clerks of the school board and board of education inter- ested, for record, and a copy forwarded to the county auditor by the superintendent. Sixth. Such territory shall, from the date of the order authoriz- ing such change, be considered a part of the independent district, of said school district; Provided, that such order shall not be issued until after the action and decisions of the committee are recorded by the board of education and the district school board. The taxable property of all such adjacent territory shall be sub- ject to taxation and bear its proportion of- expenses incurred, in the erection of school buildings and maintaining the schools of such cor- poration; Provided, that territory more than two miles from the limits of such city or town shall not be considered adjacent territory to which the provisions of this section may apply unless the electors of such territory shall unanimously petition to be thus attached and consid- ered as adjacent territory; The school board of an independent school district cannot be held to have had no jurisdiction to attach adjacent territory to the district for the purpose of education, on a petition of a majority of such territory from the mere fact that the extreme boundary is over two miles form the limits of the district. Redfield School District No. 12 v. Redfield Ind. Dis- trict Xo. 20, 14 S. D. Territory from an independent district in one county may be detached -and attached to a district in another county. Ind. Dist. Xo. 2 v. District W. 302. Provided, further, that when an independent school district con- taining an incorporated city or town is situated so near the center of a civil or congressional township as to leave a fraction of said civil or congressional township impracticable or inconvenient for school pur- poses, after attaching adjacent territory to said independent school district, to the two miles' limit as provided by law, then in that case the committee provided for in this act may, upon a petition of the majority of the electors of such civil or congressional township attach the surrounding territory and make the independent district to con- form to the civil or congressional township line for school purposes only, and in such cases the committee may by a majority vote thereof, upon the petition of two-thirds of the electors of such surrounding 62 SCHOOL LAWS territory, and two-thirds of the electors of such independent district, issue its order attaching such s'urrounding territory to such independ- ent district as aforesaid and all foregoing provisions shall apply to such actions of said committee except that said orders shall go into ef- fect at the expiration of thirty days from the date thereof, and it shall not be necessary that the actions and decisions of such committee be ratified by the district school board or board of education before the issuance or going into effect of such order. Seventh. An appeal may be taken from any decision of the com- mittee by any or all the petitioners or by any of the school districts interested, to the circuit court of the county in which the territory proposed to be annexed or detached is situated, upon notice in writing to the other interested parties, that is, to the committee and school boards and boards of education interested and the petitioners, as the case may be, by service upon any member of the committee, upon any member of each of the school bords and boards of education interested and upon any one of the petitioners and upon filing a bond in the office of the clerk of the circuit court in the sum of two hundred and fifty dollars, with at least two sureties to be approved by the clerk of the circuit court, conditioned that appellant will pay all costs therein that may be adjudged against him. Proof of the service of said notice of appeal, by affidavit, shall be filed with the clerk of said circuit court; after the filing of the bond for costs and proof of service of the notice of appeal in the office of the clerk of the circuit court, the committee shall within five days transmit to the clerk of the circuit court the petition, and decision of the committee, and all original papers in the matter in controversy. Said committee may be compelled by said circuit court by an order entered upon motion to transmit such de- cision and petition and original papers, and may be fined for neglect or refusal to transmit the same. The clerk of the circuit court shall receive and file said papers and docket the same in the manner as on appeals from justice court, and shall receive the same fees therefor. The matter shall be tried anew in the circuit court, and the parties appealing to be designated and be the parties plaintiff, and the other parties interested the parties defendant. The action shall stand for trial at the term of the circuit court next convening after the filing of the bond and notice of appeal in the office of the clerk of the circuit court. No note of issue or notice of trial need be served. The same proceeding shall be had as in any civil action, and all judgments, or- ders, or decisions made therein shall be valid, mandatory, and enforce- able as by law provided for judgments or orders in any civil action. Sec. 177. School District a Body Corporate] Every district or- ganized under the provisions of this article shall be a body corporate, and shall posses the usual powers of corporation for public purposes, and may sue and be sued, and be capable of contracting and being SOUTH DAKOTA 63 contracted \vith, and of taxing and holding any land for a school site, not exceeding two acres chosen by the board of education at a regular meeting of said board, and in case the owner or owners of said land, or any part thereof, shall refuse or neglect to grant such site to the district, then said district shall have power to take such land for said site in the manner provided by law for the taking of private property for public use. And shall have power to hold and convey such per- sonal or real property as it may at any time possess. All actions brought by or against such corporation shall be in the name of the board of education of said independent district of the county of of the state of South Dakota. Sec. 178. Shall Maintain School Xot Less Than Six Kor More Than Ten Months] Each corporation organized under this article shall maintain a system of free common schools which shall be kept open not less than six nor more than ten months in any one year and shall be free to all children of legal school age residing within such corporation. Sec. 179. In all school districts organized under this article there shall be a board of education consisiting of five members elected at large by the qualified electors thereof who shall be elected in the year 1908, two for a term of one year two for a term of two years and one for a term of three years. Every year thereafter there shall be elected each for a term of three years two members of such board except in year^ which are divisible by three when one member shall be elected and each shall serve till his successor is elected and qualified. Provided, that no member of the city council or board of trustees shall be a member of the board of education. While it would be better if the county superintendent should not be r of the board of education, yet there is nothing prohibiting him from 1). inu a m-mber, but he cannot serve as the president of the board. Opinion by Pliilo Hall, Attorney Gen. Sri-. 180. The school election shall be held on the third Tuesday of June, between the hours of nine o'clock in the forenoon and five o'clock in the afternoon of that day, and no longer. Notice if such election shall be given by the clerk of such district, by publication in a newspaper, if one shall be published within such district, and by posting such notices in five of the most public places in such district, at least ten days before such election, a list of the officers to be elect- ed to be designated in such notices, as well as the place where and the time when such election will be held. At this election there shall be elected members of the board of education as provided herein, and a treasurer of the board of education who shall be elected in the year 1908 and every three years thereafter for a term of three years, and he shall hold his office until his successor is elected and qualified. (Session Laws 1909.) 4 SCHOOL LAWS Section 181. (1) Notice of Election] Not less than ten days before any annual or other school election, the secretary of the board shall cause notices to be posted in public places distributed through- out the district and shall state therein the officers to be elected, with terms of each, and questions to be submitted at such election. Such notices shall also be published in some newspaper at least three times, beginning not less than ten days prior to said election. At this election there shall be elected members of the board of educa- tion, as provided by law, and a treasurer of the board of education, who shall be elected in the year 1911 and every three years thereafter for a term of three years, and he shall hold his office until his succes- sor is elected and qualified. (2) Nominations for School Offices] Candidates for school of- fices shall be nominated by filing with the secretary of the board of education not earlier than the fifteenth day of May nor later than the first day of June, certificates of nomination for the office to be filled. Such certificates shall be in writing, shall contain the name of the can- didate, his residence, business address and the office for which he is named, and must be signed by twenty or more qualified electors of the school district. Each elector signing a certificate of nomination shall add to his signature his place of residence, his business and his postoffice ad- dress, and shall declare that he has not joined in nominating any other person for the office to be filled. Such signatures need not all be ap- pended to one paper. No certificate of nomination shall contain the name of more than one candidate for any office to be filled, but each elector may sign as many certificates as there are officers to be elected for a particular term of office. (3) No Party Designation] In order to separate party politics so far as possible from school affairs, no descriptive word, words, or symbol to designate the party or principle of any nominee, shall ap- pear on the certificate of nomination, or be used or printed on the ballot. (4) Withdrawal from Nomination] Any person whose name has been filed as a candidate may cause his name to be withdrawn from nomination by request in writing signed by himself and properly ac- knowledged and filed with the secretary of the board at least five days prior to the day of election; and no names so withdrawn shall be printed on the ballots to be used. (5) Publication of Nominees] The secretary shall cause to be published in one or more newspapers, published in the county, at least four days before the day of election, all nominations certified to him under the provisions of this article. (6) Ballots, Etc] The secretary shall provide proper ballots similar in form to those authorized by law for municipal elections, SOUTH DAKOTA 65 except as to party affiliation, on. which shall be printed the names of the candidates for the respective offices, each being given a position for each office in the order of the priority of the filing of their nomi- nating certificates. The secretary shall provide the voting booths re- quired by law in each polling place and such supplies, poll books, sta- tionery, etc., as may be necessary. (7) Conduct of Election] Polling places shall be provided with separate booths for each 150 electors, and boards of education in cities of the first and second class and in cities under commission, shall provide polling places in each ward thereof for all electors residing within the limits from which the children are required to attend at said school house, and two judges and one clerk shall be appointed by the Board of education, who shall conduct said election in accord- ance with the general election laws of the state as applied to muni- cipal elections, except as provided in this article. Provided, that if the legal candidates do not exceed in number the offices to be filled, the board of education may designate a less number of polling places at their discretion. The polls shall be kept open between the hours of 12 o'clock noon and 5 o'clock in the afternoon and no longer. The compensation of the officers of election shall be fixed by the Board and paid from the district treasury. (8) Returns of Election] The returns from said election shall be certified by the officers in each polling place, and the ballots, prop- erly sealed in ballot boxes, together with the poll books, shall be placed forthwith in the custody of the secretary of the board, who shall keep said ballot boxes inviolate for at least thirty days after the can- vass of the returns. (9) Canvass of Returns] The results of said election shall be canvassed and declared by the board of education at the next regular meeting thereof, and certificates of election shall be issued by the secretary of the board to the successful candidates. (Chapter 133 Ses- sion Laws 1911.) Sec. 182. Vacancy Filled by Board] The board of education shall have power to fill any vacancy for the unexpired term which may occur in their body; Provided, that any vacancy occurring more than thirty days pre- vious to the annual election shall be filled at the first annual election thereafter. Any vacancy in the office of treasurer shall be filled by the board of education by appointment. Said appointee shall not be a member of said board. . There shall be chosen by the qualified electors of the state at the time and places of choosing members of the legislature, a secretary of state, auditor, treasurer, superintendent of public in- struction, commissioner of school and public lands, and an attorney general, who shall severely hold their offices for the term of two years, but no person shall be eligible to the office of treasurer for more than two terms consecutively. They shall respectively keep their offices at the seat of government. (Sec. 12 of Article IV, Const.) 4OO. The powers and duties of the secretary of state, au- ditor, treasurer, superintendent of public instruction, commissioner of school and public lands and attorney general shall be as prescribed by law. (Sec. 13 of Article IV, Const.) Sec. 401. Any woman having the qualifications enumerated in section 1 of this article as to age, residence and citizenship and includ- ing those now qualified by the laws of the territory may vote at any election held solely for school purposes and may hold any office in this state except as otherwise provided in this constitution. (Sec. 9 of Article VII, Const.) vote at a bond election. Opinion by Philo Hall, ral. Women may vote at an election held for the purpose of determining the removal of a school house. Opinion by W. H. Roddle, mt Attorney General. Education and School Lands Sec. 402. The stability of a republican form of government de- pending on the morality and intelligence of the people, it shall be the duty of the legislature to establish and maintain a general and uniform system of public schools wherein tuition shall be without charge t and equally open to all, and to adopt all suitable means to secure to the people the advantages and opportunities of education. Sec. 1 of Ar- ticle VIII. vonst.) r of a farm who resides upon and works it in the summer, but r -a distant city during the winter for the purpose of giving his family social and school privileges, and resides there in a rented house which he gives up each spring upon his return to the farm, and who has no permanent business in the city during the winter, and who has voted at both places is not entitled to the school privileges of a resident of the city. r-o Bd. of Edu., 5 Dak. Sec. 403. All proceeds of the sale of public lands that have here- tofore bee" or many hereafter be given y the United States for the use of public schools in the state; all such per centum as may be granted by the United States on the sales of public lands; the pro- ceeds of all property that shall fall to the state by escheat; the pro- ceeds of all gifts or donations to the state for public schools or not otherwise appropriated by the terms of the gift; and all property otherwise acquired for public schools, shall be and remain a perpetual fund for the maintenance of public schools in the state. .It shall be 102 SCHOOL LAWS deemed a trust fund held by the state. The principal shall forever re- main inviolate, and may be increased, but shall never be diminished, and the state shall make good all losses thereof, which may in any manner occur. (Sec. 2 of Article VIII, Const.) Sec. 404. The interest and income of this fund, together with the net proceeds of all fines for violation of state laws, and all other sums which may be added thereto by law shall be faithfully used and applied each year for the benefit of the public schools of the state, and shall be for this purpose apportioned among and between all the several public school corporations of the state in proportion to the number of children in each, of school age, as may be fixed by law; and no part of the fund, either principal or interest, shall ever be di- verted, even temporarily, from this purpose or used for any other pur- pose whatsoever. than the maintenance of public schools for the equal benefit of all the people of the state. (Sec. 3 of Article VII, Const.) Sec. 405. After one year from the assembling of the first legis- lature, the lands granted to the state by the United States for the use of public schools may be sold upon the following conditions and no other; not more than one-third of all such lands shall be sold within the first five years, and no more than two-thirds within the first fifteen years after the title thereto is vested in the state, and the legislature shall, subject to the provisions of this article, provide for the sale of the same. (Sec. 4 of Article VIII, Cost.) The commissioner of school and public lands, the state auditor and the county superintendent of schools of the counties severally, shall constitute boards of appraisal and shall appraise all school lands within the several counties which they may from time to time select and designate for sale, at their actual value under the terms of sale. They shall take care to first select and designate for sale the most valuable lands and they shall ascertain all such lands as may be of special and peculiar value, other than agricultural, and cause the proper subdivision of the same in order that the largest price may be obtained therefor. Sec. '406. No land shall be sold for less than the appraised value, and in no case for less than ten dollars an acre. The purchaser shall pay one-fourth of the price in cash and the remaining three fourths as follows: one-fourth in five years, one-fourth in ten years and one- fourth in fifteen years, with interest thereon at the rate. of not less than six per centum per annum payable annually in advance; but all such subdivided lands may be sold for cash provided that upon pay- ment of the interest for one full year in advance, the balance of the purchase price may be paid at any time. All sales shall be at public auction to the highest bidder, after sixty days' advertisement of the same in a newspaper of general circulation in the vicinity of the lands to be sold, and one at the seat of government. Such lands as shall SOUTH DAKOTA 103 not have been specially subdivided shall be offered in tracts of not more than eighty acres and those so subdivided in the smallest sub- division. All lands designated for sale and not sold within four years after appraisal, shall be reappraised by the board of appraisal as here- inbefore provided before they are sold. (Sec. 5 of Article VII, Const.) Interest in school lands after first payment is subject to execution. Brook v. Eastman, 17 S. D. 339. Sec. 407. All sales shall be conducted through the office of the commissioner of school and public lands as may be prescribed by law and returns of all appraisals and sales shall be made to said office No sale shall operate to convey any right or title to any lands for sixty days after the date thereof, nor until the same shall have re- ceived the approval of the governor in such form as may be provided by law. Xo grant or patent for any such lands shall issue until final payment be made. (Sec. 6 of Article VIII, Const.) Sec. 408. All lands, money or other property donated, granted or received from the United States or any other source for a univer- sity, agricultural college, normal schools or other educational or charitable instiution or purpose, and the proceeds of all such land and other property so received from any source, shall be and remain per- petual funds, the interest and income of which, together with the rent of all such lands as may remain unsold, shall be inviolably appro- priated and applied to the specific objects of the original grants or gifts. The principal of every such fund may be increased, but shall never be diminished, and the interest and income only shall be used. Every such fund shall be deemed a trust fund held by the state, and the state shall make good all losses therefrom that shall in any man- ner occur. (Sec. 7 of Article VIII, Const.) Sec. 409. All lands mentioned in the preceding section shall be appraised and sold in the same manner and by the same officers and boards under the same limitations and subject to all the conditions as to price, sale and approval, provided above for the appraisal and sale of lands for the benefit of public schools, but a distinct and sepa- rate account shall be kept by the proper officers of each of such funds. (Sec. 8 of Article VIII, Const.) Sec. 410. The lands mentioned in this Article shall be leased for pasturage, meadow, farming, the growing of crops of grain and general agricultural purposes, and at public auction, after notice as hereinbefore provided in case of sale and shall be offered in tracts not greater than one section. All rents shall be payable annually in ad- vance, and no term of lease shall exceed five years, nor shall any lease be valid until it receives the approval of the governor. (Sec. 9 of Article VII, Const, (as amended by election in 1910.) Sec. 411. No claim to any public lands by any trespasser thereon by reason of occupancy, cultivation or improvement thereof, shall ever 104 SCHOOL LAWS be recognized; nor shall compensation ever be made on account of any improvements made by such trespasser. (Sec. 10 of Article VIII, Const.) Sec. 412. The moneys of the permanent school and other edu- cational funds shall be invested only in first mortgages upon good improved farm lands within this state as hereinafter provided, or in bonds of school corporations within the state, or in bonds of the United States, or of the state of South Dakota. The legislature shall provide by law the method of determining the amounts of said funds which shall be invested from time to time in such class of securities respectively, taking care to secure continuous investments as far as possible. All moneys of said funds which may from time to time be desig- nated for investment in farm mortgages and in the bonds of school corporations, or in bonds of organized counties, townships, or incor- porated, cities, within this state shall for such purpose be divided among the organized counties of the state in proportion to population as nearly as provisions by law to secure continuous investments may permit. The several counties shall hold- and manage the same as trust funds, and they shall be and remain responsible and accountable for the principal and interest of all such moneys received by them from the date of receipt until returned because not loaned and in case of loss of any mony so apportioned to any county, such county shall make the same good out of its common revenue. Counties shall invest said money in bonds of school corporations, counties, township or cities or in first mortgages upon good improved farm lands within their limits respectively. The amount of each loan shall not exceed one-third the actual value of the lands covered by the mortgage given to secure the same, such value to be determined by th board of county commissioners of the county in which the land is situated and in no case shall more than five thousand ($5000) dollars be loaned to any one person firm or corporation, and the rate of interest shall not be less than five per centum per annum, and shall be such other and higher rate as the legislature may provide, and shall be payable semi-annually on the first day of January and July; Provided, that whenever there are moneys of said fund in any county amounting to one thousand dollars that cannot be loaned according to the provisions of this sec- tion and any law pursuant thereto, the said sum may be returned to the state treasurer to be intrusted to some other county or counties or otherwise invested under the provisions of this section. Each county shall semi-annually, on the first day of January and July, render an account of the condition of the fund intrusted to it to the auditor of state, and at the same time pay to or account to the state treasurer for the interest due on all funds intrusted to it. The legislature may provide by general law that counties may retain from interests collected in excess of five per centum per annum SOUTH DAKOTA 105 upon all said funds iutrustd to them, not to exceed one per centum -.111111111. Hut no county shall be exempted from the obligation to semi-annual payments to the state treasury of interests at the provided by law for such loans, except only said one per centum; and in no case shall the interest so to be paid be less than five per centum per annum. The legislature shall provide by law for the safe investment of the permanent school and other educational funds, and for the prompt collection of interest and income thereof, and to carry out the object and provisions of this section. Sec. 413. The governor may disapprove any sale, lease or in- vestment other than such as are intrusted to the counties. (Sec. 12 of Article VIII, Const.) Sec. 411. All losses to the permanent school or other educational fund of this state which shall have been occasioned by the defalca- tion, negligence, mismanagement or fraud of the agents or officers controlling and managing the same, shall be audited by the proper authorities of the state. The amount so audited shall be a permanent funded debt against the state in favor of the fund sustaining the loss upon which not less than six per centum of annual interets shall be paid. The amount of indebtedness so created shall not be counted as a part of the indebtedness mentioned in Article XIII, Sec. 2. (Sec. 13 of Article VIII, Const.) Sec. 415. . The legislature shall provide by law for the protec- tion of the school lands from trespass or unlawful appropriation, and for their defense against all unauthorized claims or efforts to divert them from the school fund. (Sec. 14 of Article VIII, Const.) Sec. 416. The legislature shall make such provision by general taxation, and by authorizing the school corporations to levy such ad- ditional taxes as with the income from the permanent school fund shall secure a thorough and efficient system of common schools throughout the state. (Sec. 15 of Article VIII, Const.) S,-c. 417. Xo appropriation of lands, money or other property or credits to aid any sectarian school shall ever be made by the state, or any county or municipality within the state, nor shall the state or any county or municipality within the state accept any grant, con- veyance, gift or bequest of lands, money or other property tt be used for sectarian purposes, and no sectarian instruction shall be allowed in any school or institution aided or supported by the state. ( Sec. 16 of Article VIII, Const.) Synod of Dakota v. State, 2 S. D. 366. Sec. 418. Xo teacher, state, county, township or district school officer shall be interested in the sale, proceeds or profits of any book, apparatus or furniture used or to be used in any school in this state, under such penalties as shall be provided by law. (Sec. 17 of Article VIII, Const.) 106 SCHOOL LAWS Sec. 419. In each organized county at the first general election held after the admission of the state of South Dakota into the union, and every two years thereafter, there shall be elected a clerk of the court, sheriff, county auditor, register of deeds, treasurer, state's attorney, surveyor, coroner and superintendent of schools, whose terms of office respectively shall be two years, and except the clerk of the court, no person shall be eligible for more than four years in suc- cession to any of the above named offices. (Sec* 5 of Art IX, Const.) Sec. 420. All county, township and district officers shall be electors in the county, township or district in which they are elected; Provided that nothing in this section shall prevent the holding of school offices by any person as provided in Sec. 9, Article VII; and 'provided, further, that the legislature shall have authority to pre- scribe additional qualifications for superintendent of schools, not in- consistent herewith. (Sec. 7, Article IX, Const., as amended by elec- tion in 1906.) Sec. 421. The legislature shall, by general law, exempt from taxation, property used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charitable purposes, and personal property to any amount not exceeding in value two hundred dollars for each individual liable to taxation. (Sec. 6 of Article XI, Const.) Education of Indian Children Sec. 422. Must Compel Attendance of Indian Child] That when- ever the government of the United States erects or causes to be erected and maintained, a school for general educational purposes within the state of South Dakota, and the expense of the tuition, lodging, food and clothing of Indian pupils therein is borne by the United States, it shall be compulsory on the part of every parent, guardian, or other person in the state of South Dakota, having control of an Indian child or children between the ages of six and eighteen years, eligible to at- tend said school, to send such child or children to said school for a period of nine months, or during the annual term, unless such child or childern is or are excused from such attendance by the county sup- erintendent of schools showing that the bodily or mental condition of such child or children has been and is such as to prevent his or her or their attendance at school or application at study for the period required, or that such child or children is or are taught in the public school, private school or other school in such branches as are usually taught in the public schools; provided that in case the government of the United States does not make provision for the free transportation of such child or children to and from their homes to said school, then he, she or they shall not be liable to the provision of this act, unless they reside less than ten miles from such school. (Session Laws, 1907.) SOUTH DAKOTA 107 Sec. 423. Duty of Principal or Superintendent] It shall be the duty of all principals or superintendents of the school or schools men- tioned in this act, before attempting to enforce the provisions of the act, hereinafter mentioned; to serve, or cause to be served, a demand for the attendance of certain children naming them and also desig- nating the school at which their attendance is required, upon the parent, guardian or other person having charge of said child or child- ren as may be eligible to attend such school over which he has charge and a copy of this act on such parent, guardian, or other person having charge of said child or children and such person shall within ten days deliver said child or children at said school or to the principal or superintendent thereof, or furnish satisfactory proof that the bodily or mental condition of said child or children will not admit of attend- ance. (Sessions Laws, 1907.) Sec. 424. Failure to Comply With Demand Duty of Superin- tendent] If at the expiration of ten days after such notice or demand, the parent, guardian, or other person having charge of said child or children shall have failed or refused to comply with this act, the prin- cipal or superintendent shall commence proceedings in the name of the state for the recovery of the fine hereinaftr provided before any court having jurisdiction. (Session Laws, 1907.) Sec. 425. Penalty] Any parent, guardian or other person hav- ing control or charge of any Indian child or children failing to com- ply with the provisions of this act shall be deemed guilty of a misde- meanor and shall be liable to a fine of not less than ten dollars ($10) nor more than twenty-five dollars ($25), and imprisonment in the county jail for fifteen days for the first offense and not less than twenty-five dollars ($25) nor more than fifty dollars ($50) and im- prisonment in the county jail for thirty days for the second offense and each subsequent offense, besides the cost of the action. It is pro- vided further, that in emergency cases proceedings may be begun at the expiration of three days after each refusal of the parent, guar- dian or other person having charge or control of said child or child- ren to comply with the demand of said principal or superintendent. (Session Laws, 1907.) Sec. 426. Fines Where Paid] All fines collected under the provisions of this act shall be paid into the county treasury, the same to be placed to the credit of the general school fund. (Session Laws, 1907.) Sec. 427. Duty of Sheriffs and Officers] It shall be the duty of all sheriffs, constables, policeman, town and city marshals in the state to take cognizance of this act and assist principals and superintendents of schools in carrying out its provisions. (Session Laws, 1907.) 108 SCHOOL LAWS Sec. 428. Violation Penalty] Any person ' or persons who shall directly or indirectly persuade, advise or intimidate in any man- ner, the parent, guardian or other person having control or charge of any Indian child or children from complying with the demand of a principal or superintendent of a school who is endeavoring to carry out the provisions of this act shall be guilty of the same offense and shall' be subject to the same penalty as the parent or guardian; pro- vided, that this section shall not apply to the attorney or legal ad- viser of any parent or guardian in giving advice in his legal capacity. (Session Laws, 1907.) Sec. 429. Justices of Peace to Have Jurisdiction] Any justice oi>the peace within the county where the child or children live shall have jurisdiction to try and determine action brought under this act. Sec. 430. Persons May Intervene and Become Parties to an Ac- tion When] That hereafter any person, firm or corporation enter- ing into a formal contract with the state, any county or municipal cor- poration, school district or independent school district in the state of South Dakota for the construction of the state, any county or munici- pal corporation, school building, or for repairs -upon any school build- ing, shall be required, before commencing such work to execute the usual penal bond for the faithful performance of said contract with good and sufficient sureties, with the additional obligations that such contractor or contractors shall promptly make payments to all per- sons supplying him or them with labor and materials in the prosecu- tion of work provided for in such contract; and any person, firm or corporation who has furnished labor or materials used in the con- struction or repair of any school building and payment for which has not been made, shall have the right to intervene and be made a party to any action instituted by such state, county, municipal cor- poration, school district or independent school district on the bond of the contractor, and to have their rights and claims adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claim and judgment of such state, county, municipal corporation, school district, or independent school district, the re- mainder shall be distributed pro rata among such intervenors. (Ses- sion Laws, 1907.) Sec. 431. Suit May be Brought When] If no suit should be brought by such state, county, municipal corporation, school district or independent school district within six months from the completion and final settlement of such contract, then the person or persons sup- plying the contractor with labor and materials shall, upon application thereof, and furnishing affidavit to such state, county, municipal cor- poration, school district or independent school district, that labor or materials for the prosecution of such work has been supplied by him or them and payment for which has not bee made, be furnished with SOUTH DAKOTA 109 certified copy of said contract and bond, upon which he or they shall have a right of action, and shall be, and are hereby, authorized to bring suit in the name of such state, county, municipal corporation, school district or independent school district in the circuit court in the county in which said contract was to be performed and executed and not elsewhere, for his and their use and benefit, against said con- tractor and his sureties, and to prosecute the same to final judgment and execution provided, that where suit is instituted by any of such creditors on the bond of the contractor ; t shall not be commenced until after the complete performance of said contract and final settle- ment thereof and shall be commenced within one year after the per- formance and final settlment of said contract, and not later; and pro- provided, further, that where suit is so instituted by a creditor or creditors only one action shall be brought, and any creditor may file his claim in such action and be made a party thereto within one year from the completion of the work under said contract, and not later; and provided, further, that costs shall not be taxed in said suit against such state, county, municipal corporation, school district or independ- ent school district. If the recovery on the bond should be inadequate to pay the amounts found due all such creditors, judgment shall be given to each creditor pro rata of the amount of the recovery. The surety on such bond may pay into court for distribution among such claimants and creditors the full amount of the sureties' liability, to- wit: the penalty named in the bond less any amount which said surety may have had to pay to such state, county, municipal corporation, school district or independent school district by reason of the execu- tion of said bond, and upon so doing the surety will be relieved from further liability; provided, further, that in all suits instituted under the provisions of this act such personal notice of the pendency of such suit, informing them of their right to intervene, as the court may or- der shall be given to all known creditors, and in addition thereto such notice shall be given by publication in some newspaper of general cir- culation, published in the county where the contract is being perform- ed for at least three successive weeks, the last publication to be at least three months before the time limited therefor. (Session Laws, 190-7.) Sec. 432. Fees] That all county and state officers for whose services a salary is provided by law, shall receive no compensation for their services other than that so provided; and all fees received by them under any of the existing provisions of law shall be paid by the officer .so receiving the same, into the county or state treasury, as the case may be, at the end of each and every month, and when not under any provision of law credited to a special fund, shall be placed to the credit of the general fund of the county or state. Pro- vided, however, that this section shall not be so construed as to in 110 SCHOOL LAWS any manner affect any officer who receives no salary other than the fees paid for his services. (Sec. 1862, ol. C.) Sec. 433. Sale of Prohibited Where] No license shall be granted for the sale of intoxicating liquors at any place within one- third of a mile of any college or academy in the state of South Dakota, which gives instruction in regular classical and scientific courses, and any license issued or granted for the sale of intoxicating liquors within one-third of a mile of any such college or academy shall he revoked, and the sale of liquor within such prescribed territory be enjoined by the circuit court upon proper application therefor; provided that this act shall not be construed to apply to any school or college de- voted simply to instruction in business methods. (Session Laws, 1907.) INDEX 111 Accounts iiination of, by tendent Sec. Page mperin- . 43 Manner of keeping- 130 s.-para tc 130 130 13 41 41 41 Ad vie* Superintendent to give 53 15 Affidavit Special examiner apointed by county superintendent ... 60 18 Agricultural College See State College. Annual Election See Election Annual Meeting of Board 120 38 Annual Reports County superintendent must make 36-51 11-14 Penalty for not making. . . 51 15 Information to be given. . . 51 15 District school treasurer to prepare 126 40 District clerk's report 96 30 Teacher to make term report!40 46 Secretary of board of educa- tion makes 188 66 Board of education must publish 189% 67 Apparatus Purchase of limited 145 47 Appeals Against closing of schools.. 114 36 tir- on board required. 115 36 Procedure in the action... 115 36 Supreme court, to 116 37 Procedure necessary 116 37 Appointments Institute conductor 8 4 Officers of new district 70 21 Vacancies on district boards 91 29 Vacancies of boards of edu- cation 182 65 A pportionment Money County general fund by county superintendent. 48 14 When made 48 14 inty treasurer, duty of. 48 14 Must be withheld, when... 120 38 Property and indebtedness in division of district 69 20 Assault and Bott* r > I)' -fined 390 98 Lawful, when 392 99 Assessor List of property furnished to rks. by 124 39 Sec. Page Associations District teachers, encourged by county supt 37 11 State educational 17 7 Attachment of territory (See Ind. Dist.) Auditor, Duties of Certifies to validity of school bonds 154 Filing of officers' bonds 89 May levy tax for bonds, when!56 Member county board of Ed. 225 Rate of taxes, determined by!29 Reports from book deposi- tories, receives 231 Battery, defined 391 Blanks- Furnished by state supt.... 5 Forms of 5 Furnished by county supt. to teachers 136 Board of Education Clerk 185 Treasurer 185 Members of 179 Board of Education, township high school 215 Bonds, Official Count Supt. gives 23 Amount 23 Approval 23 Sureties, how bound 23 Action upon, benefit of.... 23 District school board. Clerks. Time to give 86 Amount of 86 Approval of 86 Filing of 89 Action on bonds, com- mencement of 88 Treasurer 85 Time to give 85 Conditions required 85 Amount 85 Not liable, when 85 Approval of 85 By chairman and clerk 85 By Supt 85 New bond on re-election 85 Building contractor, gives... 158 lionds. School District school Cancellation of 157 Certificate by county aud.154 Denomination of .." 153 Destruction of 157 Form of 154 Issue of, limited 153 In excess of limit, validity of 159 Interest on, rate of 153 Lien on property 156 May be voted for '. . 151 Building of houses 151 Funding of outstanding indebtedness 151 Notice of election, posting of 152 Conditions of 152 52 2S 53 76 41 77 OS 3 3 43 6G 66 63 73 9 9 9 28 28 28 28 28 27 27 27 27 27 27 27 27 27 53 53 52 51 53 52 51 54 51 53 50 50 50 51 51 112 INDEX Sec. Bonds, School (Continued) Time of 152 Petition for election, on... 151 Registration of 154 Sale of 155 Signature of 154 Tax levy for 154 Sinking fund ' 154 Interest fund 154 Limit of 154 Terms of I 153 Vote necessary to author- ize 153 For cities of first class Cancellation of 170 Election for 164 Ballots, form of 165 Canvas of vote 166 Electors 164 Majority vote required. . 166 Officers of 163 Form of 167 Interest on, rate of 167 Limit of issue 169 Lien on property 171 Purposes of 161 Registration of 172 Resolution to authorize , election, required 162 Sale of 168 Tax levy for 169 For cities under commis- mission plan 161 Independent school district. . 194 Election for 194 How called 195 Manner of holding 195 Form of 196 Interest coupons 199 Interest, rate of 194 Limitation of 196 Property pledged 200 Purpose of 194 Registration of 201 Sale of 194 Tax levy for 197 Limitation of 198 School districts organized by special act 173 Book Cases Board provides, in case of free text books 234 District board must provide for library 209 Book Depositories Selection of 229 Bonds of 229 Report, from 231 Brookings, State College at. 365 Book of forms 5 Certificates Teachers Fees for Disposition of 16 Life diploma 16 Provisional state 16 State certificate 16 First Grade Fees for 59 Issued by whom 54 Qualifications for 55 Renewal of 15 78 77 77 Sec. Page Certificates, Teachers (ConM.) Ilequiivmcnts for 55 Term of 54 Where valid 55 Revocation of 64 Forfeiture of 140 Life diploma 13 Qualifications for 13 Secured, how 13 Subjects required 13 Valid, how long 13 Valid, where 13 State certificate 14 Secured how 14 Qualifications for 14 Subjects required 14 Valid, how long 14 Renewal of 15 Revocation of 15 Provisional State (see state) 14 Not renewable, when 15 Primary Endorsement of 58 Fees for 59 Issued by whom 58 Requirements for 58 Renewal of 15 Revocation of r>4 Valid, where 5S Second Grade Endorsement of 56 Fees for 59 Issued by whom 54 Revocation of 64 Requirements for 56 Term of 54 Valid, where 56 Special Issued by whom Hi' Grades of v 62 Teachers of music need not have 252d Term of 62 Valid, where iji! When may be issued 62 Third Grade Issued by whom 54 Number of, limited 57 Revocation of 64 Requirements for 54 Term of 54 Valid, where 57 Census Approval of by supt 99 30 Compared by supt 99 30 Copy filed in register by clerk 99 30 New census may be ordered. 100 31 Special enumeration of 99 30 Supt. reports 47, 101 14-31 Taken by clerk 99 30 When taken 99 30 Whom included 99 30 Center of School District defin- ed 119 38 Certificates of election 81 25 Certificate of graduation from certain institutions A license to teach 269 81 Chairman of district hoard. ... 94 29 Children required for new school, number of 107 33 INDEX 113 Sec. Page Child labor, prohibition of 150 50 City Superintendent Appointment of 204 70 Duties of 204 70 Endorse certificates 204 70 May revoke certificates 204 70 Qualifications for 204 70 Tenure of office of 204 70 Contagious disease 46 It County Board of Education Adopt text books 226 ^6 Limitations on 227 76 Term of 235 78 Chairman of 225 76 Duties of 225-227 76 Furnish printed list of books232 78 Meeting: of 226 76 tbership of 225 76 Provide free text books, when 233 78 Quorum, defined 225 76 .'tary of 225 76 Supt. reports annually 227 76 County Judge Takes action in case of deaf and blind 247 81 Tries violators of truancy law 149 49 County Commissioners Contracts for text books.... 229 77 Provision of contract 230 77 Levy tax, when 120 38 Levy general school tax 125 40 Select book depositories 229 County General School Fund Aportionment of 49 15 How derived 50 15 County Superintendent Administer oaths 45 14 Apportionment of school fund 48 14 Bond, official, gives 23 9 Brings action for gaming... 393 99 Calls election for organiza- tion of independent district!74 58 Reports for arbitration board!75 59 Close schools 46 14 Compares census 100 31 Continuance of school ordersl!4 36 Deposit fees, shall 432 109 Deputy, may appoint 25 9 Documents and books, must preserve 30 10 Duties of Examines officers' acc'ts. . . 43 13 Examination question to be used by 11 4 File certified statement of examination of accounts 43 Grants 8th grade diplomas 147 48 Institute, holds, see insti- tutes May excuse Indian child from school 422 106 Member county board of education 225 76 Music, must provide for in institute 252c 83 Must deposit all fees monthly 432 109 ssary action by, as to County Supt. (Continued) Sec. Page deaf and blind 250 82 New bonds for school of- ficers, may require 88 New census, may order.... 100 31 Notifies chairman of cor- rectness of reports 105 33 Notifies clerk of teachers' failure to attend District Instiute 136 43 Notifies clerk of teachers' attendance at District Institute 136 43 Organize county into teach- ers Institute Districts. . 136 43 Prohibition on 418 105 Provide poll and tally lists 81 25 Repairs, may order 32 11 Reading Circle see Conducts annual examin- ation 39 12 Reports enrollment .... 39 12 Records, must keep Applicants for certifi- cates 34 11 Apportionment of state and ocunty funds .... 36 11 Attendance at teachers' meetings 136 43 Certificates issued 34 11 Official acts 33 11 Statistical records, must keep 36 11 Teachers employed .... 35 11 Supervises schools 31 11 Visits district schools 32 11 Election of 21-419 8-106 Eligibility of 21-4198-106 Limitations of number of terms of 21-419 7-106 May not hold other office... 26 9 Meetings of 2 3 Medium of communication.. 44 14 Mileage allowance 29 10 Oath of 23 9 Office of, may provide 30 10 Penalty for failure to visit a school 28 10 Salary 27 Sign name in register 28 10 Statistics, furnish commis- sioners 31 11 Stationery and printing, county must provide 30 10 Teacher's certificate of visit required 28 10 Filed with auditor 28 10 Term of 21 8 Course of Study 136 43 Additional subjects, how se- cured SI 25 Studies required 138-252 46-77 County Treasurer Duties of, in case of division .of districts 71 22 Compulsory education 148 ' 48 Condition of 136 43 Prohibition on 146 48 Signed by a majority of board 110 35 Teachers,' must be written.. 110 35 Text book -_': 77 11.4 INDEX Sec. Page IM'af and Blind County judge acts, when.... 247 81 Orders child sent to schoo!247 81 Summons parents 247 81 Duties of county supt 250 82 Education of 247 81 Expense, by whom paid... 2 4 Refusal to obey order 247 81 Defacement of property 142 47 Dictionary must be provided. . 145 47 Diploma Eighth grade by Co. Supt. .147 48 Districts, School Defined 66 19 Divisin of 69 20 Named, how 6G%-72 19-22 Plat of 78 24 Township, shall remain. .. 67-68 Boundary, not changed... 67 Boundary, how formed.... 68 20 Separation from larger dis- trict 70% 21- District School Board Act as board of education, when 223 75 Annual meeting of 120 Attend officers' meetings ...111 36 Chairman Duties of 94 29 Salary of 105 33 Clerk Census taken by 99 30 Draw and sign warrants. . 98 30 Duties 95 29 List of property furnished to assessor, by 124 39 Minutes of meetings, kept by 97 30 Notify auditor of tax levyllS 37 prepare annual report. ... 96 30 Salary 105 33 When not paid 105 Election of 79 25 Electors may instruct 81 Majority have authority ....133 42 Meeting of 92 29 Members of, may not teach, when 106 33 Personnel of 80 25 Terms of 80 25 Powers and duties Admit pupils from other schools 112 36 Allow public meetings in school house 78 * 24 Assign pupils to schools.. 112 36 Assist teacher 117 37 Buildings may be leased by 107 33 Control property 107 33 Direct removal of school house 119 38 Discontinue school when.. 113 Dismiss teachers 110 35 Employ teachers 107 Expel or suspend pupils... 117 37 Fuel, provided by 109 35 Locate schools 107 33 Organize schools 107 33 Purchase property 121 39 Dist. School Board (Con'd.) Sec. Pai Repairs ordered by 109 Schools must be continued when 114 Provide dictionary 145 Provide register 136-139 43-' Purchase apparatus 145 Special meetings of 92 Presiding officers of 93 Temporary officers 90 Treasurer Annual report of 126 Draw money from county treasurer 102 Endorses warrants, when short of funds 103 Registration of 103 Notifies holder of warrants!03 Pay warrants 102 Salary of 105 When not paid 105 District Teacher's Institutes Compensation for attend:ng. .136 County divided into districts 136 When 136 Limitation of number of meetings 136 Penalty for failure to attend!36 Reading circle work 136 Educational library 18 Eighth grade graduates 147 Elections Annual SI certificate of election .... 81 Clerk of 81 Date of 79 Electors to vote 81 Judge of 81 Notice for, posting of 81 Opening of polls, time of. . 81 Patrons instruct board ... 81 Polls remain open, time of. 81 Tie election, disposition of. 81 Voting by ballot 81 Board of education, inde- pendent district 180 Notices of 181 Nomination of candidates. 181 Withdrawal of candidates. 181 Conduct of election 181 Returns of election 181 Bonds, school 152 Records of, filed with aud- itor 160 Organization of independent district, for 174 Removal of school house, for. 119 Township high school, for.. 213 Emoluments Teachers prohibited from receiving 236 Endorsement Certificates of 15-56 Warrants of 103 Examinations Expenses for, paid by county 60 Fees for 59 Held by state supt 10 Lfe diploma 13 Questions for, prepared by INDEX 115 Examinations (Continued) Sec. Page i't 11 4 39 ilations for 59 17 State certificates 13 5 3' county certificates. 59 17 3 draw pay, while attending 61 IS Experiment Station (1. S.)...270 87 Farmers' Institutes -71 87 !>* ifioates 16-59 7-17 osition of 432 109 Fences must be provided 134 43 Fines, how collected 77 24 Forfeiture of certificates 140 46 Free school system 402 114 Free text books 233 78 Free tuition in state institu- tions 266 86 Honorable discharged sold- s 267 86 Students appointed by legis- lators 266 86 Gaming Denned, punishment 392 99 'Graff- Prohibition of 236 78 High .Schools Accredited to higher institu- tions 3 blishment of 190 67 Inspection of 3 3 Township 21:: Holidays defined 136 43 Humane treatment of animals 144 47 Indian Children ation of 422 106 Age limit 422 106 rts of jurisdiction 429 108 Duties of peace officers 427 107 ;and for attendance 423 107 Excused on account of dis- tance 422 106 used by county superin- when 422 106 Penaltv for failure to send. 422 106 Penalty for intimidation ....428 108 Period of required attendance422 106 Independent School Districts Attachment of adjacent land 176 60 Bible may be r-ad 203 70 Board of "education of 179 63 Clerk of 183 66 Bond and oath, filing of 184-185 66 Compensation of 183 66 , Duties of 187 66 Report by 188 66 Committees, appointed by. 187 66 Compensation of 183 66 Election of 180 64 High school, established by!90 67 Meetings of 186 66 mbership of 179 63 Organize graded school ..190 67 Organization of 183 66 Ind. School Dist. (Continued) Sec. Page ti.s of 184 66 r ,,f 183 66 Terms of 179 63 Treasurer of 180 63 Bond and oath of 185 66 Reports by 189 67 Levy taxes 191 67 Bonds, see school bonds 194 68 City under special charter organizes 174-174 % 58-59 Corporate fcody, a 177 62 Expenditures limitation of. 202 70 Examining committee 204 70 Non-sectarian 203 70 Taxable property 192 $S Institutes Annual must be held 40 12 Additional appropriation for 40 12 Certified statement from con- ductor 40 12 Conductors of 8 4 District 38-136 12-43 Funds for 40 12 Joint county 41 13 Rules for 7 4 Intoxicating liquors, sale of 389-433 98-110 Judgments 75 24 Justice of the peace Shall have jurisdiction, when 76 24 Libraries, school 206 72 Book case provided 209 72 Circuits 210 72 Fund, how created 206 71 Library board 207 71 Librarian 208 72 Warrants on fund, issue of.. 212 72 Life Diploma 13 5 Loss of Pay Failure to attend district in- stitute 136 (6) 44 No loss, attending examina- tion 61 18 No loss, while attending dis- trict meetings 38-42 12-13 Meetings Board of education 186 66 Conductors of institutes .... 9 4 County board of education. .226 76 County superintendents 2 3 District school officers 42 13 District school board 92 29 Moral Instruction 143 47 Music must be taught 138 46 Normal institutes 40 12 Normal Schools Admission to 378c 96 Certificates issued to stu- dents 378d 96 Control of 378a 96 Establishment of 378a 95 Location of 378a 95 sectarian 378e *96 Objects of 378b 96 Regulations by regents ...378e 96 11 INDEX Sec. Page Northern IVormal and Industrial School Location of 379 97 Objects of 380 97 Notices Beginning of school, by teacher 137 45 Examination of teachers.... 60 18 Oaths- Administered by supt 45 14 By officers of districts 45 14 Filing of, by officers 23-89 9-28 184-215 64-73 256 84 Taken by All school officers 84-184 27-66 Superintendent 23 9 Members board of regents256 84 Officers District Annual meeting of 42 13 How called 42 13 Mileage for distance trav- eled 42 13 Per diem allowed 42 13 Plan of meeting 42 13 Teachers may attend 42 13 Incapacity of 91 29 Duties of Chairman 94 29 Clerk 95 29 Treasurer 102 32 Patrons (Electors) May instruct the board 81 25 May petition for, certain teacher 110 35 Penalties for- Defacement of property 142 47 Disturbing of school 141 46 District board, not heeding petition for Engagement of certain teacher 110 35 Employment of children. ... 150 50 Failure of truant officer to act 149 49 Failure to provide teaching of physiology 241 SO Failure to send Indian child to school 425 101 Gaming -. . .393 99 Non-attendance of teachers at district meetings 136 43 Officer not making of annual report 43-52 13-15 127 40 Removal of timber from pub- \f ands 395 100 Trespass on school and public lands 334 99 Wilful destruction of records!27 40 Petition for Bond election 151 50 Certain teacher 110 35 Change of district bounda- .ries 69-70 20-21 73-176 22-60 Free text books 233 78 Special meeting of voters. . . 93 29 Townshin high school 213 73 Discontinuance of 218 74 Truancy, investigation 149 '49 Sec. Page Plans for school houses 237 79 Plat for county 78 24 Physiology and Hygiene Must be taught 238 79 Penalty on failure of dis- tricts to provide 241 80 Teacher's examination in... 240 80 Texts in, defined 239 79 Prohibition on teaching 63 18 Property Exempt from taxation. 387-421 98-106 Exempt from attachment or execution 397 100 Publication of itemized state- ment of treasurer 126 40 Rate of taxation Ind. city districts 191 67 Rural districts . . 118-118%-120 37-38 Reading Circle Board of managers 17 7 Encouraged by superinten- ent 39 12 Funds of 17 7 Officers of 17 7 Program of district institutes, must pertain to 136 (6) 44 Purpose of 17 7 Records Mutilation of, penalty for... 127 40 Open to inspection 132 42 State spuerintendents 18 7 Removal of School house. . 81-119 25-38 Renewal of certificates 15 6 Repair of school house 81 25 Reports Biennial reports Board of regents 282 90 President of University of South Dakota 362 93 Superintendent of public instruction 6 4 District officers 81 25 Approved by superintend- dent 131 42 Clerk must make 96 30 Failure to make, penalty for 128 41 False report, penalty for.. 127 40 Treasurer, to make 126 40 Independent districts Clerks, to make 188 66 Treasurer makes report monthly 189 67 Teachers To parents 136 43 To superintendent Monthly 136 43 Term 140 46 Revocation of certificates 64 "18 Appeal, in case of 65 19 Causes for . 64 18 County supt. to revoke 64 18 Duties of supt. in case of. . . 65 19 State supt. shall revoke 15 6 Regents of Education, board of 253 83 A legal corporation 261 84 Apportionment of 253 83 Appropriation for, perpetual. 277 89 INDEX 117 of Education, Board of (Continued) Sec. Page Biennial report of 282 90 Committees of 259 84 Compensation of 280 90 l)uti-s of ise surveys to be made. 272 87 Climatic conditions ascer- tained 273 87 Geological map to be pre- pared 273 87 Reports from special em- ployes, receive 275 88 Specimens, prepare, of soils, ores, etc 274 * 88 Different parties represented on 254 83 Eligibility of 254 83 Expenditures, regulation of 278 89 Expenses of 281 90 Expiration of term of 253 83 Failure to attend meetings, terminates services 260 84 May employ stenographer . . .259 84 tings of 257 84 Number of 253 83 Oath of members required. . .256 84 Officers of 258 84 I'D \vers of Authorized to confer de- grees 269 86 Administer oaths 263 85 Bring suits 262 85 Control experiment station (U. S.) 270 87 Delegate powers to heads of institutions, may ....266 86 Employ members of va- rious faculties 264 85 Encourage farmers' insti- tutes 271 81 Fix compensation of in- structors, employes ....264 85 Manage all institutions 264 85 Make contracts 262 85 Prepare courses of study.. 265 85 Purchase and sell property262 85 Rules and regulations pre- pared by 265 85 Select text books '. .265 85 Prohibition on multiplication of departments 268 86 Secretary of board Selection of 258 84 Salary and expenses of. . . .281 87 Term of 258 84 Term of apnointee 255 83 Treasurer of board 276 89 Vacancies, how filled 255 83 Vouchers of, payment of.... 279 90 Salaries- Board of education ....183-224 66-75 County superintendent 27 9 D^nuty county sunt 25 9 District school board 105 33 State superintendent 20 8 Saloon, in proximity to educa- tional or religions building prohibited 389-433 98-110 Sec. Page Saturday, not a school day. . . .135 43 Schools Appeals against closing ....114 36 Closed for teachers' institute!36 43 Closed for teachers to attend educational associations ..136 41* Closed for district officers' meeting 42 13 Discontinuance of 113 May be closed by supt 46 14 School board see district School board. School Corporations Defined 66 19 Naming of 72 22 School Districts see district. School Houses Building of 158 53 Advertisement for bids ...158 Bonds for faithful work required 158-43043-108 Requirements and condi- tions 430 108 Adjudication of claims. 430 108 Parties furnishing ma- terial or labor may in- tervene 431 108 Procedure 431 109 Suit, bringing of 431 109 Surities liable, when and amount 431 109 May be used for public meet- ings 78% 24 Plans approved by state supt237 79 Removal of 81-119 25-38 Sale of 81 25 School year, defined 135 43 School sites 122 39 School for Deaf Mutes Control of 350 90 Duties of board 352 Care for property .........352 91 Employment of Matron 352 91 Superintendent 352 91 Teachers 352 91 Salaries of 352 91 Prescribe rules 352 91 Report to governor 352 91 Establishment of 350 90 Location of 350 90 Purpose of 351 90 Tuition in 353 91 School of Klines- Admission of students to 382 97 Faculty for selection, re- moval 384 97 Fees for, collection of 383 97 Location of 380 97 Object of 381 97 Rules and regulations 383 97 Sectarian doctrine, prohibited in schools 203-417 70-105 Special certificates 62 18 118 INDEX Sec. Page State College at Brookings Control of .' 364 93 Course of study 368 94 Chief executive officer 370 94 Establishment of, and name of 364 93 Experiment station 374 95 Faculty 370 94 Annual report of 373 94 Employment of 367 94 Removal 369 94 Salaries 369 94 Location of 364 93 Object of 365 93 Regulations for government . 370 94 School year, length of 368 94 Student labor 372 94 Sub-experiment station Appropriation for 378 95 Lands for, lease 377 95 Location of 375 95 Purpose of 375 95 Studies to be taught in public State supervision 1 3 school 138-252 46-82 Superintendent- County See county supt. State- Appeals, determined by. ... 4 3 Blanks, furnished by 5 3 Book of forms, prepared by 5 3 Books and papers of office, preserves 18 7 Certificates issued by 12 4 Renewal of 15 6 Revoked by 15 6 Validated from other states 15 6 Election of 399 101 Eligibility of 399 101 Examination, held by 10 4 Examination questions pre- pared by 11 4 Expenses of 20 8 Deputy 19 8 General authority I 3 Inspect high schools 3 3 Institute, attended by .... 7 4 Meet county supts 2 3 Meeting of institute con- ductors 9 4 Office provided 18-398 7-100 Opinion given by 4 3 Plats of school districts furnished to 78 24 Powers and duties, how prescribed 400 101 Records of, must keep of- ficial 18 7 Regulations for examina- tions prepared by ...... 60 17 Report of giennial 6 4 Salary of 20 8 Term of 399 101 Taxes Levy of Commissioners levy in case of division of district 69 20 District school board 118 37 Levied for school purposes by commissioners 120 38 Taxes Levy of (Continued) Sec. Page Limit of 118 37 Notice to county auditor.. 129 41 Levied by board of educationlOl 67 Limit of 191 67 Notice of sent to auditor.. 191 67 One dollar tax on all electors 125-388 40-98 Satisfy judgments 75 24 Township high school pur- poses 221 75 Teachers Attend district meeting 136 43 Classify pupils 136 43 Co-operation of board 117 37 Employment of 136 43 Humane treatment of ani- mals to be taught by 144 47 Hold examinations and make reports 136 43 Moral instruction, given by. 143 47 Notices to supt 136-137 42-45 Prohibitions on 236-418 78-105 Reports made by 136-140 43-46 Teachers' certificates see cer- tificates. Temporarv school officers 70-90-91 21-28 20 Text Books Free use of 233 78 Uniform county system 226 to 236 7G Township High Schools Board of education 215-223 73-75 Duties of 216 74 Levy taxes 221 75 Membership of 215 73 Meetings of 220 75 Salary of 224 75 Corporate name of 222 75 Discontinuance of 218 74 Election for 215 73 Petition for 213 73 Union of townships 217 74 Township school district 68 20 Children, number required. . . 68 20 Divided proceedings 69 20 Formation of 70 21 May combine several town- ships 108 34 Transportation of pupils 108 24 Trees and Shrubs Planting and protection of, required 134 43 Truants Appointment and duties of.. 149 50 Tuition in high schools 147 48 University of South Dakota Admission to, requirements. .356 92 Apparatus provided 360 93 Biennial report by regents.. 363 93 Control of 354 92 Degrees conferred 358 92 Departments of 358 92 Establishment of 354 92 Faculty for 358 92 Salaries and removal of... 358 92 Location of -. 354 92 INDEX University of S. D. (Con'd.) Sec. Page Non-sectarian 357 92 Object of 355 92 Report of president, biennial 362 93 imons, property of 361 93 Unreasonable distance, how de- termined 107 33 Woman Hold office 401 101 May vote 401 101 Qualifications of 401 101 Vacancy Board of education, how filled 182 65 District school board, on.... 83 27 Filing of 91 29 Voters Al---tingfs of 93 29 Sec. Page Vcrmillion. University at 354 92 Viviset-tion, prohibited 144 47 Warrants Bill to be presented, before warrant is drawn 98 30 Countersigned by chairman. 98 30 Drawn and signed by clerk.. 98 30 Draw interest, when 103 32 Endorsement of lack of funds 103 32 Manner of drawing 104 32 Must not be issued prior to incurring of indebtedness. 104 32 Register of, kept 103 32 Vouchers, retained 98 30 Water Closets for 109 35 Must be provided and cared Supt. may order changes.... 32 11 YC 0& 247912