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 PUBLISH K. 
 
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 THE AMKNDKn 
 
 SCHOOL LAWS 
 
 OF ouF.aox 
 
 INt'l.lWISi. \ M KMiVII Nl^ \IAI'K I! 
 
 SEVENTEENTH LEGISLATIVE ASSEMBLY 
 
 Mil; Willi 
 
 'VLES AND RKOULATIOXS OF Tilt: STATE BOA Hit OF KDfcATlOS, 
 
 BLANK FORMS FOB THE USE OF SCHOOL OFFICERS, THE 
 
 CONSTITUTION OF THE sr.rrF (>r i>];i:(;<r\. ETC. 
 
 Couipileil liy supeniileDileut of Public liislructioii liy direction of Secretary of Slate. 
 
 SAI.KM, OKKGON : 
 FllANK r. 14AK'ER, STATE .PRTNTKi: 
 
EXCHANGE 
 
Digitized by the Internet Archive 
 
 in 2008 with funding from 
 
 IVIicrosoft Corporation 
 
 http://www.archive.org/details/amendedschoollawOOoregrich 
 
FUBIvISHBD BY AUTHORITY. 
 
 THE AMENDED 
 
 SCHOOL LAWS 
 
 OF OREGON 
 
 INCLUDING AMENDMENTS MADE BY THE 
 
 SEVENTEENTH LEGISLATIVE ASSEMBLY 
 
 TOGETHER WITH THE 
 
 RULES AND REGULATIONS OF THE STATE BOARD OF EDUCATION, 
 
 BLANK FORMS FOR THE USE OF SCHOOL OFFICERS, THE 
 
 CONSTITUTION OF THE STATE OF OREGON ETC. 
 
 Compiled Dy Supenntendent ol PuDlic Instraction Dy direction ol Secretary oi state. 
 
 SALEM, OREGON : 
 
 FRANK C. BAKER, STATE PRINTER. 
 18 9 3. 
 

 l^/uli^ 
 
 
ivi 
 
 Prekace. 
 
 AMENDED SCHOOL LAWS. 
 
 By the direction of Hon. Geo. W. McBride, Secretary of State, I have 
 prepared this edition of the school laws with special reference to the growing 
 wants of our school system, and for the information and convenience of school 
 officers. 
 
 Chapter I of this edition contains the school laws, amendments thereto, 
 and abstracts of decisions in the supreme court of Oregon touching school 
 questions, and special school acts. 
 
 Chapter II contains the revised rules and regulations of the State board of 
 education for the government of public schools and school officers. 
 
 Chapter III contains blank forms for the use of school officers. 
 
 Chapter IV contains the constitution of the State of Oregon, with annota- 
 tions, notes, references, etc. 
 
 Chapter V contains miscellaneous suggestions and information for the use 
 of superintendents, district school officers, teachers, etc. 
 
 The official duties of school officers set forth in the school law, although 
 apparently clear and simple, yet became complicated in many ways concerning 
 the duties and responsibilities of school officers in the matter of school meet- 
 ings, election of school directors and clerks, care of school property, resigna- 
 tions and vacancies in office, change of district boundaries, qualifications, 
 salaries and employment of teachers, appeals to county or State superintendent, 
 care of school property, use of school property, school sites, school taxes, 
 district' records, purchase or sale of school property, duties of directors, etc. 
 
 During the present administration, many appeals and cases of a complex 
 nature have been referred to the department of public instruction for decisions. 
 The settlement of these questions has required constant and extensive investi- 
 gation and research, not only in the practice and decisions in the courts of this 
 State, but especially in the more extensive practice of the courts in the older 
 States. 
 
 It should be remembered, however, that while these decisions have been 
 sufficient, in almost every instance, to adjust the special difficulties for which 
 they were given, yet they do not have the full force and effect of legal deci- 
 sions given by the highest legal tribunals, the circuit and supreme courts of the 
 
4 PREFACE. 
 
 State. The main object of these decisions is to harmonize the general school 
 work of the State, and to reduce to a minimum school strifes and complica- 
 tions. 
 
 Several amendments of much importance were made to the school laws at 
 the seventeenth regular session of the legislature, which will be made fully 
 apparent to school officers by a careful perusal of the law. 
 
 The school law in regard to appeals is found in subdivision 14, section 25; 
 subdivision 5, section 7; rules 2, 3, 4, 5, 6, 7, 8, 26, 27, 28, 29, 30, and 31, rules 
 and regulations State board of education. 
 
 The wisdom of referring school complications to superior school officers is 
 iipparent, and for many reasons. 
 
 First— A difficulty in a school district is generally not long confined to the 
 parties immediately concerned, but it soon takes shape and enters into all the 
 social and local conditions of society; it assumes a prominent place in each 
 family, and is discussed pro and con around the home firesides; it spreads 
 among all the families; it figures in the election of district school officers and 
 in the selection of teachers; it affects the immediate condition of the school, 
 and injures the present and future discipline of the school; it often reaches out 
 and becomes the quarrel not only of the district butof^ihe entire vicinity; and 
 if the trouble once grows into a lawsuit and the parties engaged spend money 
 and teniper upon it, then, indeed, does it become complicated and difficult of 
 settlement. Hence the provision for a prompt and free decision by the county 
 superintendent, thus avoiding the many delays, expenses, vexations, internal 
 dissensions, and bitter resentments of a neighborhood lawsuit. 
 
 Second — Again, this special feature of school supervision and school 
 authority, now granted the county superintendent over the affairs of the 
 schools and school districts of his county, has been wisely enacted by the 
 legislature for the best public interest and for the continuous advancement, 
 peace, and prosperity of the school system itself. If the numerous disputes 
 and complications frequently arising must necessarily be settled or adjudicated 
 in courts-at-law, then, indeed, would our school work soon lapse into a careless 
 and unrestrained apathy and anarchy. On the other hand, these jnatters 
 may now be very properly referred to the peaceful court of the county superin- 
 tendent for settlement and adjustment, thus avoiding the many costs and 
 delays, and counteracting the internal rage and lasting resentments usually 
 arising out of school district lawsuits. 
 
 Third— When disputes arise, then, in school districts, the disputants 
 should fii-st seek the opinion and advice of the county superintendent. If his 
 decisions prove sufficient and satisfactory, this eqds the difficulty. If not, 
 then the county superintendent will send a written statement of the case or 
 naatter (giving the history and facts pertaining thereto) to the Superintendent 
 of Public Instruction. The county superintendent is now familar with the 
 case; he has already examined into it and affi)rded the parties a full hearing; 
 
PREFACE. 5 
 
 he is now acquainted with all the essential points at issue, and can now intel- 
 ligently embody them in his statement to the central office. 
 
 Fourth — When questions arising out of school difficulties and complica- 
 tions are submitted to the Superintendent of Public Instruction, he must 
 decline to pass upon or render decisions in such cases unless they have been 
 previously referred to the county superintendent for his consideration and 
 decision. When they have passed through this regular channel, viz., through 
 the office of the county superintendent, then they will receive prompt atten- 
 tion in the central office, and not before. This rule is established — not to 
 organize a system of "red-tape routine" — but to institute, first, a uniform 
 system of school business; second, to protect the county superintendent in the 
 discharge of his duties and from ex parte evidence and misrepresentations in 
 these school troubles; third, in this way only may the ends of equity be 
 secured; fourth, these school complications have become so numerous in the 
 aggregate the State over, that it has become impracticable for the Superin- 
 tendent of Public Instruction iA> answer all these questions unless they pass 
 through the regular channel mentioned above. 
 
 Fifth — In case a county superintendent desires to submit questions touch- 
 ing school matters, difficulties, law, etc., he must at the same time and with 
 the same submit his opinion in each case, or a copy of the decision rendered 
 by him in each instance. 
 
 Sixth — When school cases are brought before the county superintendent, 
 it does not follow that they shall be conducted with all the formality of law- 
 suits in courts of law. The county superintendent or his board of county 
 examiners have full discretion as to the manner of hearing appeals and 
 establishing local rules and regulations for their own government, when the 
 same do not conflict with the rules and regulations adopted by the State board 
 of education in reference to the same. All appeals arising under rules 26, 27, 
 and 28, rules and regulations State board of education, may very properly 
 come before the county board of examiners for hearing and settlement. 
 
 E. B. Mcelroy, 
 
 Superintendent of Public Instruction. 
 
'School Laws. 
 
 CHAPTER I. 
 
 TITLE I. 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 Section 1. The office of Superintendent of Public Instruction oct. 29, iS72.|i. 
 
 is hereby detached from the office of Governor and created a dis- Superintepd- 
 
 ent of Public 
 tinct and separate office. The Superintendent of Public Instruc- instruction. 
 
 tion shall be, in the first instance, elected by a joint ballot of this p. 120!). 
 
 legislative assembly, and he shall hold his office until his successor 
 
 is duly elected and qualified. 
 
 Section 2. A Superintendent of Public Instruction shall be feb.21,i«87. fi. 
 elected at the general election of the year eighteen hundred and Election and 
 seventy-four, and every four years thereafter, and shall qualify and 
 enter upon the discharge of his duties at the time fixed by law for 
 other State officers. He shall receive an annual salary of eighteen 
 hundred dollars, payable in the same manner as the salaries of 
 other State officers are paid. 
 
 Section 3. The Superintendent of Public Instruction shall beocr.29,i872.f3 
 
 provided with an office located at the State capitol, furnished with i^ation of 
 ^ ^ ' office, etc. p. I 
 
 the necessary stationery, lights, fuel, etc., to be paid for in the same 1-200. 
 
 manner that the expenses of the offices of Governor, Secretary of 
 
 State, and Treasurer are paid. 
 
 Section 4. First — It shall be the duty of the Superintendent of FKB.2i,i88r7. p. 
 Public Instruction to exercise a general superintendence of the Schools wid 
 county and district school officers and tlie public schools of this visits? p. iaf». 
 State. 
 
 Second — He shall visit, as far a.s practicable, every county in 
 
 the State annually, in the interests of education. ^ ^, ' ^^, 
 
 •' ' Institute-s, dis- 
 
 Section 5. First — He shall hold a teachers' institute in each trict and coun- 
 ty, visits, sta- 
 judicial district biennially. tistics. p. i3niL 
 
 * Note.— In addition to the marginal references to the sections of the original acts of the 
 legislature composing the school law, figures are also placed in the margin to show the page in 
 Hill's Oregon code where each section may be found. 
 
8 SCHOOL LAWS OF OREGON. 
 
 Feb. 2 1 , 1887 . g3. Second — He shall attend all county institutes held by county 
 Same subject, superintendents, when practicable, and shall assist in securing 
 lecturers and instructors, and in the organization and develop- 
 ment of institute work in each county. He shall visit, as often 
 as practicable, the principal schools of the State, and shall give 
 such instruction in regard to discipline and teaching as he may 
 deem necessary ; and he shall also keep statistics of the condition 
 of schools, buildings, grounds, appurtenances, apparatus, libraries, 
 the conduct and standing of pupils, the methods of instruction, 
 and the discipline and government of schools, etc. 
 
 Third — He shall visit in person, when possible, all the char- 
 tered educational institutions of the State, and shall secure such 
 statistical information relative to number of students, teachers, 
 value of property, libraries, salaries, etc., as he may deem ad- 
 visable for the advancement of education and for the information 
 of the legislature. 
 Ibid. H- Section 6. First — It shall be the duty of the Superintendent 
 o?blariks^^re^- ^^ Public Instruction to prepare such uniform series of suitable 
 isters, forms, blanks, registers, forms, rules, and regulations, as he may deem 
 necessary for making all reports and conducting all needed busi- 
 ness under the school laws of the State, and the Secretary of 
 State shall cause the same to be printed, and distributed by the 
 Superintendent of Public Instruction to the various counties in 
 the State for use in school districts and public school work. 
 
 ibid^^ Second — The county school superintendents shall receive and 
 
 Receipts for receipt to the Superintendent of Public Instruction for all supplies 
 
 school .supplies IT tr fir 
 
 of blanks, registers, other supplies, etc., forwarded to them for 
 use in their schools, and shall cause the same to be distributed 
 to the various district clerks and directors, taking their receipts 
 . for the same, and these receipts must be filed in the county super- 
 
 intendent's office as a part of the permanent records thereof. 
 Ibid, lb. Section 7. First — He shall act as secretary of the board of 
 
 Annotate and education. 
 
 compile school 
 
 laws. p. 1207. Second — He shall annotate and compile all school laws that 
 
 may be ordered published during his term of office, and he shall 
 
 include in such compilation all necessary blank forms for the use 
 
 of school districts and district officers, so as to secure uniform 
 
 action throughout the State. 
 
 ^iM_^: Third — It shall be the duty of the Superintendent of Public 
 
 ofcounty "u^ Instruction to call district and State meetings of the several county 
 
 ]>erintendents. school superintendents, if he may deem the same advisable, and 
 
 if in his judgment the same may be conducive to the interests of 
 
 education. These meetings shall be held at such times and places 
 
SCHOOL LAWS OF OREGON. 9 
 
 as he may appoint, and shall be held to consider the best manner Fb».21,1887. js. 
 of conducting schools, school management, duties of teachers, i^5°{^p',^„ 
 school oflHcers, and superintendents, methods of teaching, the 
 merits of riiixed and graded schools, and other important matters 
 touching the advancement of the public schools. 
 
 Fourth — He shall, whenever he may deem the same important i 
 and expedient, issue printed letters and circulars of information, 
 advice, explanation, construction, or information to all county 
 superintendents and district school officers relative to the duties of 
 teachers, directors, pupils, parents, and guardians, the manage 
 ment of schools, and all other questions of general and special 
 interest in the cause of education. 
 
 Fifth — He shall decide, without cost to the parties appealing, it>id. 
 
 all questions and disputes that may arise under the school laws of ^pg^ig^'tc. 
 
 the State; provided^ that he may refer any question of importance 
 
 to the State board of education for their decision; and provided^ Proviso. 
 
 that all decisions, regulations, and forms of procedure, on part of 
 
 the board, in matters of school controversies, shall be regulated 
 
 and established by such rules of the board as they may establish. 
 
 All decisions of the Superintendent of Public Instruction and the 
 
 State board of education shall be binding in law until a different 
 
 decision shall be given in the circuit and supreme courts of the 
 
 State. 
 
 Section 8. He shall, at least once in each year, hold a State qct. 18, i«78. j i- 
 
 teachers' association, and at such time and place as in his judg- state tearhen' 
 ' association, p. 
 
 ment will best promote the general interests of education. lijoe. 
 
 Section 9. He shall make out, quarterly, a statement of the oct.2»,\9n.\9. 
 necessary traveling expenses incurred in the discharge of his JVaveling ex^^ 
 duties, which claims shall be audited by the State board of educa- 
 tion, and paid as other claims against the State. 
 
 Section 10. The State Superintendent of Public Instruction fbb.25.18». 
 shall, under the direction of the State board of education, issue a FKB.2i.ia»8. 
 circular to each county superintendent and to each member of the school books 
 State board of examiners, containing a list of studies required to 
 be taught in the public schools, together with the wholesale, retail, 
 ■exchange, and introductory prices of all books m said list. Each 
 person entitled to vote under this act shall, after 'due consideration, 
 write opposite each study the textbook or series of textbooks pre- 
 ferred. The aforesaid county superintendents and State examiners 
 shall transmit such circulars fully answered to the Superintendent 
 of Public Instruction, who shall cause the same to be laid before 
 the State board of education ; and the textbook or series of text- 
 books in any one brAnch receiving the majority of all the votes of 
 
10 
 
 SCHOOL LAWS OF OREGON. 
 
 Feb. 21, 1893. 
 Same subject. 
 
 Proviso. 
 
 Proviso. 
 
 Proviso. 
 
 Proviso. 
 
 the said county superintendents and state examiners shall be the 
 authorized textbook or series of textbooks, in that branch in the 
 public schools of this State for six years next succeeding the 
 official announcement of the Superintendent of Public Instruction; 
 it is further provided, that the publishers of the textbooks or 
 series of textbooks that may be adopted under this act shall be 
 required to file a good and sufficient bond for the performance of 
 any or all of agreements made with them by the State board of 
 education that they shall maintain the wholesale and retail prices^ 
 for the period of their adoption, which prices shall be named in 
 the proposals of publishers to the State board of education prior to 
 the adoption of such textbook ; and it is further provided, that 
 publishers shall also file with each county superintendent and 
 member of the State board of examiners a copy of the proposals 
 furnished to and for the consideration of the State board of educa- 
 tion, and also that the publishers ( whose books are adopted ) shall 
 be required to place a printed card in^ach schoolhouse, giving the 
 wholesale and retail prices of all books published by them and 
 selected for use in the public schools of this State; provided 
 further, that the said State board of education shall, prior to said 
 election, issue a circular to all of the leading school-book publishers, 
 in the United States, which circular shall set forth all the details 
 relative to said introduction of textbooks for use in the public 
 schools of Oregon as said State board of education may deem for 
 the best good of the public service, and said circular of the State 
 board of education to publishers shall set forth all requirements in 
 detail as follows : — 
 
 1. Relative to such samples of textbooks as shall be forwarded 
 by them to the State board of education, county superintendents,, 
 and State board of examiners for examination with a view to intro- 
 duction. 
 
 2. The wholesale, retail, exchange, and introductory rates which 
 publishers shall submit to the said members of the State board of 
 education, county superintendents, and State examiners, also all 
 copies of bids and propositions to be made by the «aid publishers 
 to the State board of education, county superintendents, and State 
 examiners; provided further, that the said State board of educa- 
 tion shall prepare and submit to all publishers competing such 
 uniform schedules of price lists with which said publishers must 
 comply in entering into competition for such adoption of text- 
 books; provided further, that the said State board of education 
 may require said publishers to establish at such convenient points 
 in this State principal depots of supply or depositories for general 
 
SCHOOL LAWS OF OREGON, 11 
 
 distribution of textbooks; and provided further, that they may Fkb.25,i88b. 
 require said publishers to establish in each county sufficient and f^b.21 .i«»8. 
 suitable depositories whereby all the wants of school patrons and ^"* •"*>!•<?»• 
 school children may be supplied; and it is further provided^ that Proviw> 
 said publishers, in competing for said election of textbooks for use 
 in the public schools of this State, must comply with all the rules 
 and regulations relative thereto made by the said State board of 
 education of the State of Oregon; and for which purpose and to 
 secure full compliance with the same, the said State board of 
 education shall require of said publishers such bonds as they may 
 deem reasonable and sufficient for carrying out said rules and 
 requirements. 
 
 . Section 11. If no textbook or series of textbooks in any one ibid. |2. 
 branch shall receive a majority of the votes of the county super- ''**™^ *"**^*** 
 intendents and State examiners, then the Superintendent of Public 
 Instruction shall immediately report to the county superintendents 
 and members of the State board of examiners the two textbooks 
 receiving the highest number of votes, and from them the suj^er- 
 intendents and State examiners shall forthwith make a selection 
 and transmit their votes to the Superintendent of Public Instruc- 
 tion, which votes shall be canvassed and the result announced as 
 in section 12 [ 2577 ] of this act, and the textbooks or series of text- 
 books so selected shall be the authorized textbooks as provided by 
 this act. 
 
 Section 12. It is hereby provided that the Superintendent of iMd. |:<. 
 Public Instruction shall issue the next circular under this act ^""® ■ubje«t. 
 within six years after the selection of textbooks made in the year 
 1888, and shall issue a similar circular every six years thereafter, 
 and require answer on or before the first day of January following, 
 and immediately lay such answer before the State board of educa- 
 tion, who shall canvass the answers and ascertain the series of 
 textbooks desired, and shall instruct the secretary of the board to 
 officially inform each county superintendent of the result of such 
 vote ; and the county superintendents shall immediately instruct 
 the district officers in their respective counties of the series of text- 
 books authorized under this act; and it is hereby provided that 
 said series shall be introduced in all the public schools of this 
 State on or before the first day of October next after the canvass 
 of such vote by the State board of education in accordance with 
 the provisions for changing textbooks ; and any district neglect- 
 ing to provide for the introduction of the authorized series of 
 textbooks shall forfeit its proportion of the school fund for the 
 succeeding year, and every year thereafter until all of said series 
 
12 SCHOOL LAWS OF OREGON. 
 
 ^3h'^h^^'^j33^^^ introduced; j^rovided, that when the persons in any school 
 Same subject, district between the ages of four and twenty years, as shown by 
 the clerk's last yearly report, shall equal one thousand or more in 
 number, the directors of such district shall have the right to select 
 textbooks for the high schools only, but no change in the text- 
 books in any such district shall be made at any other time than 
 Proviso. that provided in this act ; provided further, that nothing in this 
 
 act shall prevent the State board of education ordering the Super- 
 intendent of Public Instruction to issue special circulars to the 
 county superintendents and State board of examiners to select as 
 in the regular vote any new textbooks or series of textbooks in 
 use, when in the judgment of the State board of education any 
 textbooks or series of textbooks in use is supplied at an unreason- 
 ably high price, or is found to be excelled by more recent publica- 
 tions in that branch, or for any good and sufficient cause ; and it 
 is hereby provided that the county superintendents and State 
 board of examiners shall select a tex^tbook or series of textbooks 
 immediately as in answer to regular circulars of the Superin- 
 tendent of Public Instruction and report to him their choice, 
 and such selections shall immediately thereafter be made known 
 officially as in the regular selection ; and such textbook or series 
 of textbooks so selected shall be introduced in all the common 
 schools of the State within six months after such announcement, 
 and any district neglecting to so provide for the introduction of 
 such textbook or series of textbooks shall forfeit its proportion 
 of the school fund for each year thereafter until it complies with 
 this requirement. 
 OCT. 29, 1872. gi 3 Section 13. The Superintendent of Public Instruction shall 
 peSend^enis. report to the legislative assembly biennially in the same manner 
 p. 1211. ^jj^ ^^ ^j^g same time that other State officers make their reports. 
 
 His report shall contain, — 
 , First — The general condition of the public schools of the State. 
 
 Second — The amount of school money apportioned among the 
 several counties, and the sources whence such money was derived. 
 
 Third — Amounts raised by county and district taxes, and the 
 amount paid for teachers' salaries, buildings, furniture, etc. 
 
 Fourth — The series of textbooks authorized by the State board 
 in accordance with the provisions of this act. 
 
 Fifth — The rules and regulations prescribed by the State board 
 for the government and tuition of the j^ublic schools. 
 
 Sixth — The number and grades of the school in each county. 
 
 Seventh — The number of persons between the ages of four and 
 twenty years ; the number attending public schools, and the num- 
 
SCHOOL LAWS OF OREGON. 13 
 
 ber attending private schools; number not attending any school. oct.2!», 1872. ?u 
 Eighth — He shall colled statistics concerning the chartered •'^*'nc subject"" 
 
 educationalinstit utions of the State, including number of pupils, 
 
 property, libraries, salaries of teachers, etc., etc. This shall include 
 
 all institutions under the patronage of the State. 
 
 Ninth — Any and all information that in his judgment may be 
 
 useful to the public and for the advancement of the educational 
 
 interests of the State. 
 
 Section 14. The Superintendent of Public Instruction shall, at ibid. ? u. 
 
 the expiration of his term of office, deliver to his successors all the To deliver 
 '^ bookH and 
 
 books, papei-s, etc., of his office and take receipt therefor. jwipere to suc- 
 
 ce.ssr>r. p. 5211. 
 
 TITLE II. 
 
 STATE BOARD OF EDUCATION. 
 
 Section 15. The Governor, Secretary of State, and Superintend- n,id. i j.i. 
 it of Public Instruction shall constitute a State board of edu- Board of edu 
 
 cation, p. 12 
 
 ition. 
 
 Section 16. The meetings of the board shall be held serai- ibid. |iri. 
 
 annually at the State capitol on the first Monday in January and ^^^1"^**' 
 July. All needed stationery for the use of the board shall be fur- statioijer>' ««»** 
 nished by the Secretary of State, and any printing authorized by furnished."p'^ 
 the board shall be done by the State Printer, at rates allowed by 
 law for other State work. 
 
 Section 17. The State board shall have power,— ibi d.H" 
 
 jTirst — To authorize a series of textbooks to be used in the public ^^^j" ^^i^^ 
 schools in accordance with the provisions of this act. 
 
 Second— To prescribe a series of rules for the general govern- 
 ment of public schools that shall secure a regularity of attendance, 
 prevent truancy, secure and promote the real interests of the 
 schools. 
 
 Third — To use a common seal. 
 
 Fourth— To order any printing that may be necessary to carry 
 into efl'ect the provisions of this act. 
 
 Fifth — To sit as a board of examination at their semi-annual 
 meetings and grant life diplomas. State certificates and two grades 
 ( 1 and 2 ) of certificates of the same force as those granted by 
 county superintendents. 
 
 Life diplomas shall entitle the holder to teach in any public 
 school in the State during the life of the holder, unless revoked 
 for unprofessional conduct. 
 
 A State diploma shall entitle the holder to teach in any public 
 
14 SCHOOL LAWS OF OREGON. 
 
 Oct. a9, 1872. gi7 school in the State for a period of six years, subject to revocation 
 Same subject, j^y ^j^^ hosivd. for unprofessional conduct. 
 
 A State certificate of tiie first grade shall be good in any county 
 for two years, and one of the second grade good in any county for 
 six months. 
 The fees charged for diplomas and certificates shall be as follows:— 
 
 For State life diploma $ 10 OO 
 
 For State diploma 5 00 
 
 For State certificate, first grade ~_ 4 oo 
 
 For State certificate, second grade I 2 50 
 
 The fees collected shall constitute a fund for paying the expenses 
 of such assistants in conducting the examination as the board may 
 deem proper. 
 
 The board shall have power to invite not less than four profes- 
 sional teachers to assist the semi-annual examinations; but such 
 assistants shall not be allowed any pay other than that provided 
 for in this act concerning fees for diplomas'and certificates. 
 Ibi d. §!»• Section 18. The proceedings of each session of the board shall 
 «e?din^^*to be ^^ Published for general distribution, containing, in addition to the 
 published, p. ordinary proceedings, the result of the examination for certificates. 
 ~'^Id7§i9r~ Section 19. The State board may, at their discretion, grant, 
 Granting dipio- without examination, diplomas and certificates to persons present- 
 ^Texamina- iog authenticated diplomas or certificates from other States of the 
 tion. p. 1213. iijjg grade and kind as those granted by the board of this State. 
 Feb. 20, 1891 . Section 20. All State diplomas. State certificates, or State nor- 
 piomas°ft^^ p "^^^ diplomas granted by the State board of education may be 
 ••213. revoked bj'^ the board for immoral or other unprofessional conduct; 
 
 and all persons holding such diplomas or certificates, before engag- 
 ing in teaching in any public school in this State, shall present 
 such diploma or certificate to the superintendent of the county in 
 which the holder proposes to teach, to be registered by the super- 
 intendent ; and such holders of diplomas or certificates, while they 
 remain in such county, shall attend institutes, assist in institute 
 work, and perform such other reasonable duties as may be required 
 by the county superintendent, the same as other teachers of the 
 county are required to do. If any holder of a diploma or certifi- 
 cate, as aforesaid, shall refuse to perform his duties as herein speci- 
 fied, then it shall be the duty of the county superintendent to 
 report such unprofessional conduct to the State board of education. 
 
 TITLE III. 
 
 _Ibld. g21. COUNTY SCHOOL SUPERINTENDENT. 
 
 < bounty super- 
 
 iTictionof. p. Section 21. That there shall be elected by the legal voters of 
 
 1214. the several counties of the State at the biennial elections, a county 
 
SCHOOL LAWS OF OREGON, 15 
 
 «uperiutendent of common schools for each county, who shall FEB.20,i»i.m 
 hold his office for two years, or until a successor has been chosen same sobject. ' 
 and has qualified as required by this act. 
 
 Section 22. The superintendent-elect shall qualify within ibid. ? 22. 
 thirty days after the day of election by taking an oath to support J-ountv "su^rT 
 the constitution of the United States and the State of Oregon, ando/. p. 1214' 
 to faithfully discharge the duties required of him by this act; said 
 oath shall be reduced to writing, subscribed to, and placed on file 
 in the county clerk's office of his county. 
 
 Section 23. The annual salary of the superintendent shall beFKB.2i,i«87. |i. 
 such as the discretion of the county court may deem the yearly Salary, p. 121T. 
 services of the superintendents demand; provided^ that the annual Proviso, 
 salaries now being paid to the several county superintendents by 
 the several county courts shall be maintained; and p7'ovided Proviso, 
 further, that nothing in this act shall prevent an increase of the 
 present salaries ( now being paid to the several county superin- 
 tendents by the several county courts) whenever such additional 
 compensation shall be deemed necessary. 
 
 Section 24. The superintendent shall be liable to a fine of one oct. 29, 1872. ^24 
 hundred dollars if he does not perform the duties herein required Neglect of 
 of him, and the county court of his county shall bring suit against for. p. 1211. 
 him, as in other cases, if he fail to pay said fine into the county 
 school fund within sixty days from the day assessed. 
 
 Section 25. The duties of the superintendent shall be as follows: Feb. 25, 1889. Ji. 
 
 First — He shall lay off his county into convenient school dis-fo"°t7 super- 
 •^ "^ intendenta, 
 
 tricts, and may also make alterations and changes in the same duties of. 
 
 when petitioned so to do, in the manner hereinafter specified; and 
 
 he shall make a recoi*d showing the boundaries and numbers of all 
 
 the districts in his county so established and altered. 
 
 Second — He shall, when he establishes a new district, immedi- 
 ately notify, in writing, some taxable inhabitants of such district, 
 giving in such notice the number and boundaries thereof; and 
 when he make^ alterations he shall immediately, in the manner 
 aforesaid, notify the directors of all the districts concerned. 
 
 Third — He may establish new districts, when not already laid 
 off, on petition of three legal voters of each proposed new district, 
 but shall not make any changes in the districts of his county unless 
 petitioned so to do by a majority of the legal voters of each district 
 concerned in the change.* 
 
 * Note.— Where a school district has been organized under a valid law, and is in the exercise 
 of corporate powers, the validity of its organization cannot be questioned at the suit of a private 
 party, nor in a collateral action; and therefore a proceeding by a taxpayer to restrain the collec- 
 tion of a tax voted by a school district, which has at least a de facto existence, cannot be main- 
 tained, when the only objection to the tax is that the action of the county superintendent in 
 organizing the district and fixing its limits was illegal. R. R. Co. v. Wilson, 6 Pac. Rep. 281, 
 
16 SCHOOL LAWS OF OREGON. 
 
 ^^^'- — l^ Fourth — When chang^es are made in district boundaries as 
 Division of 
 
 school property heretofore set forth, or when any district shall be divided into two 
 or more parts for school purposes, the existing board of directors 
 and clerk shall continue to act for both or all of the new districts 
 or parts of districts, until such districts or parts of districts shall 
 have been regularly organized by the election of directors and 
 clerks as hereinafter set forth in sections 30, 31, 32, and 33, title 
 IV., of the school law. The respective board of directors of all 
 the districts concerned shall, immediately after such organization, 
 make an equitable division of the then existing assets and liabil- 
 ities between the old and new districts or between the districts 
 already existing and affected by such change; and in case of a fail- 
 ure to agree within ten days from the time of such organization, 
 the matter shall be decided by a board of disinterested arbitrators 
 chosen by the directors of the several districts concerned. The 
 arbitrators' decision in the premises shall be final. The said board 
 of arbitrators shall consist of three members, of whom the county 
 superintendent shall be a member and ex officio chairman. Each 
 member of the board of arbitrators shall be entitled to the sum of 
 two dollars, net, per day for each day's service while sitting in their 
 official capacity, and the expenses thus occurring shall be equally 
 apportioned among the several districts interested. Assets shall 
 include all school property and moneys belonging to the districts 
 at the time of the division. Liabilities shall include all debts for 
 which the district, in its corporate capacity, is liable at the time of 
 the division. In determining the assets, school property shall be 
 estimated at its present cash value. The assets and liabilities shall 
 be divided separately between the districts, in proportion to the 
 last assessed value of the property, real and personal, and the dis- 
 trict retaining the real property shall pay to the other district or 
 districts concerned such sum or sums as shall be determined in 
 
 Proviso. accordance with the prior provisions of this section ; provided, that 
 
 all funds arising (and that shall arise during the current year in 
 
 which such division is made ) from the five-mill county school tax 
 
 or the irreducible State school fund, shall be divided in proportion 
 
 to the number of persons between the ages of four and twenty 
 
 years who are actual residents of the district at the time of the 
 
 division. 
 
 Ibid. Fifth —He shall, on the third Monday in April and the third 
 
 Apportionm'nt Monday in August of each year, make an apportionment of the 
 of school funds "^ °, . ^ » . ^, -• n • 
 
 entire school fund then in the county treasury, in the following 
 
 manner: Of the school fund in the treasury of his county that 
 
SCHOOL LAWS OF OREGON. 17 
 
 has been collected in pui-suance of the school tax levy of the county Fkh. 2.^ issi. ji 
 court of his county, he shall apportion the sum of fifty dollars '^"^^ subject' 
 once a year to each of the several districts of his county that haK 
 reported to him as required by law, and all the balance of the 
 school funds, of whatever nature, thereafter remaining in the 
 treasury of his county, shall be apportioned by him among the 
 several districts of his county tliat have reported to him as recjuired 
 by law, in proportion to the number of person [s] in each district 
 over the age of four years and under twenty yeare; provided^ that Proviso, 
 if, at the time of making such apportionment, there shall not be a 
 sufficient sum of money in the treasury of his county, of the 
 school funds collected in pursuance of the school-tax levy of the 
 county court of his county, to enable him to apportion to each dis- 
 trict in his county that has reported to him as required by law the 
 sum of fifty dollars, then in that case he shall apportion the entire 
 amount of the school fund then in the treasury that has been 
 collected in pursuance of the school-tax levy of the county court 
 of his county, pro rata among such districts of his county as have 
 reported to him according to law. As soon as he shall have made 
 such apportionment he shall draw orders on the treasurer in favor 
 of the districts for their respective shares, and immediately trans- 
 mit the same to the clerks of their respective districts; jjrovided, Proviso, 
 that the superintendent shall not issue or transmit any warrant to 
 any clerk for school funds for any district until the clerk's bond, 
 provided for by law, shall have been received, examined, approved 
 by the county superintendent and filed by him in his office as 
 part of the permanent records thereof. 
 Sixth — He shall keep a book in which he shall open an account ibid^ 
 
 with the treasurer of his county, also with the several districts. ^*^""!rJus!* 
 He shall charge the treasurer with all the school funds going into"™'", 
 his hands, and when the treasurer shall present to him the district 
 clerks' receipts he shall credit the treasurer with the amount. 
 When the superintendent shall have made any 3'early apportion- 
 ment of the school fund, he shall credit each district with the 
 amount set apart to it, and on receiving the receipts of a clerk of a 
 district from the treasurer, he shall charge the amount to such 
 district. 
 
 Seventh — He shall take good care of the school lands of his iMd . 
 
 county, and if any pei-son shall in any manner trespass upon the ^Hdg"^ school 
 same he shall prosecute him for double the amount of damage 
 done said land, such sum to be paid into the county treasury, and 
 shall belong to the school fund of the county; provided, that the Proviso, 
 board of school land commissioners shall furnish to eaxjh school 
 
18 
 
 SCHOOL LAWS OF OREGON. 
 
 Feb. 25, 1889. gi. superintendent in the State for his office the necessary plats and 
 
 Same subjectT numbers to fully show the location of all the school lands in his 
 
 county. 
 
 Ibid. Eighth — All persons applying for certificates with the int-eution 
 
 Teachers' cer- ^f teaching in any county, shall be examined in the foUov/ing 
 
 branches, viz.: 
 
 Oithography, Geography, 
 
 Reading, Modern History, 
 
 Writing, Theory of Teaching, 
 
 Mental Arithmetic, Physiology, 
 
 Written Arithmetic, Hygiene. 
 English Grammar, 
 
 And if they possess a good moral character and pass examina- 
 tion as hereinafter set forth, they shall receive certificates of the 
 following form, tow it: 
 
 Ibid. 
 
 Same subject. 
 
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SCHOOL LAWS OF OREGON. 19 
 
 In each county there shall be a board of county examiners, com- FKB.2r>,i8». 
 posed of the county superintendent, who shall be ex officio chair- ^™®""*>J«<^ 
 man of the board, and two competent persons, who shall be 
 appointed by the county superintendent, and shall serve one year 
 from the time of their respective appointments, and each member 
 of said board shall receive for his services the sum of three dollars 
 per day for the time actually employed in conducting the quar- 
 terly examinations hereafter provided for. The board, two of feb.21,1891. 
 
 whom shall constitute a quorum, shall hold quarterly examina- Same subject, 
 tions, commencing at 1 o'clock P. M. on the second Wednesday 
 of each of the following months, viz: February, May, August, 
 and November of each year, at such places as may be designated 
 by the county superintendent ( who shall give ten days' notice of 
 all exj'minations), publicly examine such persons proposing to 
 teach in the public schools of the county as to their competency 
 to teach the branches prescribed by law ; and such board of exam- 
 iners shall issue certificates, as hereinafter provided, to all such 
 applicants as shall pass the required examination and satisfy the 
 board as to their good moral character and ability to teach and 
 govern schools successfully ; provided further^ that the lime here- Proviso, 
 inbefore stated for the commencement of the quarterly examina- 
 tions of each year shall be absolute and uniform in each and every 
 <jounty in the State. Boards of examiners shall be paid for their 
 services as provided for in this act, which claims for services shall 
 be certified to by the board of examiners and audited by the 
 county court, who shall order warrants drawn quarterly upon the 
 general fund of the county. Certificates issued by the county 
 board of examiners shall be of three grades,— first, second, and 
 third,— and shall continue in force respectively three years, two 
 years, and one year, as follows : Certificates of the first grade 
 shall not be issued to persons under eighteen years of age, nor 
 to suc^h as have not taught at least twelve school months with 
 approved success. Certificates of the first grade shall certify 
 that the person to whom issued is proficient in and has passed 
 satisfactory examination in all the branches required by law; 
 provided, that persons who receive first-grade certificates shall 
 make a general average of not less than ninety per cent of all 
 questions asked, and in no case shall a person receive a cer- 
 tificate of the first grade who shall fall below seventy per cent 
 in any one branch. First-grade certificates shall be valid only 
 throughout the county where given, and must be issued at the 
 quarterly public examination; provided further, that such first- Proviso, 
 grade certificates shall not be issued to the same person more than 
 once. 
 
20 
 
 SCHOOL LAWS OF OREGON. 
 
 Feb. 25, 1889. Ninth — Certificates of the second grade may be issued to per 
 
 Same subject, gons of not less than seventeen years of age, who have taught suc- 
 cessfully not less than three school months, and who shall fully 
 satisfy the examining board as to their ability to teach all the 
 
 Proviso. branches required by law ; provided, that persons receiving second- 
 
 grade certificates shall make a general average of not less than 
 eighty per cent in all the branches prescribed by law, and in no- 
 case shall a person receive a second-grade certificate who falls below 
 sixty per cent in any one branch. All second-grade certificates 
 must be obtained at public examinations, and shall not be issued 
 to the same person more than once. Certificates of this grade shall 
 not be renewed and shall not be valid out of the county where 
 given. Certificates of the third grade shall be valid only through- 
 out the county in and for which they were granted for one year, 
 
 Proviso. and must be obtained at public examination ; provided, that per- 
 
 sons who receive a third-grade certificate shall make a general 
 average of not less than seventy per c^t in all branches required 
 by law, and in no case shall a person receive a third-grade certifi- 
 cate who falls below forty per cent in any one branch. Certificates 
 of the third grade shall not be issued to the same person more 
 than once. All certificates issued under this act shall be valid 
 only throughout the county in and for which they are granted. A 
 fee of one dollar shall be charged for each certificate obtained at 
 the public examinations, which fees shall form a fund to defray 
 the expenses of the teachers' county institutes. All fees received 
 for certificates at public examinations shall be receipted for by the 
 superintendent, and shall be paid by him to the county treasurer, 
 taking his receipt therefor. All fees received from this source by 
 the county treasurer must be credited to the county institute fund. 
 Temporary certificates or permits may be granted by the county 
 superintendent in case of necessity, valid only in the county 
 where issued, and valid only until the next regular public quar- 
 terly examination thereafter held by the county board of exam- 
 
 Proviso. iners ; provided, that no such temporary permits or certificates 
 
 shall be granted more than once to the same person, nor to an 
 applicant who fails in an examination at the last regular public 
 examination held by the county board of examiners. The 
 county superintendent shall charge a fee of two dollars and fifty 
 cents for each and every temporary certificate or permit in 
 advance, which fees shall be receipted for by the county super- 
 intendent to the applicants receiving the said permits: pro- 
 vided, that the said fees shall be paid by the county superin- 
 
SCHOOL LAWS OF OREGON, 21 
 
 tendent to the county treasurer, taking his receipt therefor, and ¥mi.2i,,vm. 
 which shall be credited to the county institute fund; provided ^'^^ »"bjecir 
 Jurther, that teachers who have secured first-grade certificatea in 
 accordance with the provisions of this act, shall be entitled to 
 receive a first-grade State certificate without further ex jniii nation; 
 provided, they have taught three years successfully in the public iTovi-o. 
 schools of this State, and are recommended by the county super- 
 intendent and the county board of examiners for the same, and 
 have paid the fees as required by section 2582 of the laws of Oregon 
 il 17 of this compilation ]. Teachers who hold State certificates, 
 as above set forth, and have taught four years successfully in the 
 public schools of this State, shall be entitled to a State diploma; 
 provided, they pass an examination before the county superin- Proviso, 
 tendent, or the board of county examiners, in book-keeping, com- 
 position, and physical geography, and are recommended by the 
 county superintendent and county board of examiners, and have 
 paid the fee as required by section 2-582 aforesaid [ ^ 17 of this com- 
 pilation ]. Teachers who hold State diplomas, as above described, 
 and have taught not less than six yeai*s successfully in the public 
 schools of this State, shall be entitled to receive a State life diploma; 
 provided, they pass an examination before the county superintend- I'roviso. 
 ent or the board of county examiners, in the additional branches 
 of algebra, English literature, Oregon school law, and general his- 
 tory, and present a recommendation from the county superintend- 
 ent and board of county examiners, and have paid the required 
 fee as set forth in section 2582 aforesaid; provided farther, that the Proviso. 
 questions for all the above-mentioned additional examinations 
 shall be of the same grade as those commonly used in State exam- 
 inations, and shall be furnished by the State board of examiners 
 to the State board of education, who shall distribute them to 
 <?ounty boards of examiners. In lieu of the fees heretofore received 
 by the county superintendent from fees for teachers' certificates, he 
 shall receive annually the sum of two dollars and fifty cents for 
 each and every district in his county making the usual annual 
 report as required by law and as set forth in section 42 of the school 
 laws, which amount shall be allowed and ordered paid out of the 
 general fund of the county by the county court. 
 
 Tenth— He shall visit the schools taught in his county at least __|bid. 
 
 once in a year, and shall seek to aid, instruct, and inspire teachers ^**^^ ^'*'^^" 
 to employ the best methods of teaching, governing, and conducting 
 their schools; and he shall, if necessary, secure the proper cla.ssifi- 
 <?ation of pupils, the arrangement of courees of study, and the care 
 
22 SCHOOL LAWS OF OREGON. 
 
 Feb. 25, 1889. and protection of school property. He shall study to awaken 
 Same subject, among parents and children a deeper interest in the public schools- 
 so as to secure improved attendance, deportment, and scholarship 
 or [of] pupils, and more frequent visits of parents and school 
 directors. He shall carefully observe the condition of the school- 
 house and surroundings, note all defects and notify the board of 
 directors of the same. 
 Ibid. Eleventh — He shall receive the reports of all the districts of 
 
 Annual report, j^is county, and shall by the first Monday of April of each year 
 make out his record, kept for that purpose, from the district reports- 
 a general report, adding such suggestions thereto as he may deem 
 of importance to the cause of education, and transmit a copy 
 thereof to the Superintendent of Public Instruction. 
 Ibid. Twelfth — He shall, by the thirtiet;h of June of each year, make out 
 
 '^^ i^nancia? ^ finance report to the county court, showing the amount of money 
 
 report, and assessed and collected at county expense and applied to county 
 other duties. ^\,^ 
 
 schools during the year ending the first^Monday of April previous. 
 
 Thirteenth — He shall turn over to his successor in office, when, 
 he shall have qualified as required by this act, all books and 
 papers belonging to his office. 
 
 Fourteenth — He shall hear, examine, and decide appeals from 
 district officers and teachers without cost to the appellants, and 
 subject to appeal to the Superintendent of Public Instruction. 
 
 Fifteenth — He shall arrange a course of study for county schools- 
 when practicable. 
 
 Sixteenth — He shall have an advisory power in the location of 
 schoolhouses, and in the selection of teachers. ' 
 
 Seventeenth — He shall 'make special reports of important mat- 
 ters relating to the public schools in his county when necessary 
 and when required by the Superintendent of Public Instruction. 
 
 Eighteenth — He shall act as ex officio member of the State board 
 of examiners, and shall assist in State examinations when directed 
 by the Superintendent of Public Instruction. 
 
 Nineteenth — He shall have power to appoint a deputy whenever 
 the same may become expedient and necessary, but no salary shall 
 be paid such deputy out of the public school or general fund of the 
 county. 
 
 Twentieth — He shall advise and consult with boards of directors- 
 relative to the construction, warming, ventilation, and arrange- 
 ments of schoolhouses; the improving and adorning of school 
 grounds; methods of instruction and discipline in the school, and 
 the condition of schoolhouses, sites, and out-buildings and append- 
 ages of the district generally. 
 
SCHOOL LAWS OF OREGON. 23 
 
 Twenty-first — He shall use a uniform series of blank reports, Feb.25.1880. 
 registers, receipts, etc., whenever the same shall be provided by ^*™®*"''J«c'~ 
 the State. 
 
 Twenty-second —In order to develop to higher degrees of excel- 
 lence the work of public school education in each county, and to 
 secure that attention and aid which their importance demands, it 
 shall be the duty of the county superintendent to organize and 
 hold local institutes and educational meetings in various parts of 
 the county at such times and places as he may deem most expe- 
 dient, and he shall secure at these meetings, as far as practicable, 
 the attendance and cooperation of school officers, teachers, and 
 parents. For these special services the county superintendent shall 
 receive the sum of three dollars per day and necessary traveling 
 expenses, which accounts shall be audited by the county court 
 quarterly, and paid by the eounty treasurer on warrants of the 
 county clerk drawn on the general fund of the county. 
 
 Twenty-third — The county superintendent shall hold annually ibid. 
 a teachers' county institute for a term of not less than three days {Jte" *^ '°*^' 
 for the instruction of teachers and those desiring to teach, and all 
 teachers in the public schools of his county shall be required to 
 attend, and the county superintendent may at his discretion revoke 
 the certificate, reduce the grade, or refuse to grant a certificate to 
 any teacher who refuses to attend the county institute without 
 cause. The county superintendent shall receive the assistance and 
 cooperation of the Superintendent of Public Instruction in holding 
 annual institutes. Every teacher attending any annual county 
 institute held in accordance with the provisions of this act shall be 
 given by the county superintendent a certificate, setting forth at 
 what sessions of said institute such teacher shall have been in 
 attendance, and any teacher who shall have closed his or her 
 school for not more than two days in order to attend said institute 
 shall not forfeit his or her wages as teacher during such time as he 
 or she shall have been in attendance at said institute, and the cer- 
 tificate hereinbefore provided shall be evidence of such attendance; 
 provided, that if the institute is held during the session of school, proviso, 
 that such directors shall be required to grant two days' time of 
 actual school service to their teachers to attend the said institute, 
 during which said two days' time their pay as teachers shall con- 
 tinue. For the purpose of defraying the current expenses of the 
 annual institute, such as rooms, lights, expenses of lectures and 
 instructors, etc., the county superintendent shall draw an order on 
 the county treasurer for such a sum as may be necessary to defray 
 the expenses of said institute, which sum the county treasurer 
 
24 SCHOOL LAWS OF OREGON. 
 
 Feb. 25, 18 89. shall pay; provided, that such sum shall not exceed the amount 
 Same subject. ^^ institute fund in the county treasury. The county clerk shall 
 audit the annual institute account of the county superintendent, 
 which account shall be filed in the county clerk's office. 
 
 Twenty-fourth — The county commissioners shall provide the 
 county superintendent with a plot of the boundaries of the several 
 school districts of his county, showing the propertj' owners 
 therein, and where present boundaries are uncertain or conflicting, 
 shall have power to establish or correct them. The county commis- 
 sioners shall also provide the county school superintendent with 
 all necessary blanks, blank books, stationery, postage, expressage, 
 and other expenses of his office not otherwise provided for, which 
 said expense shall be paid for from the general fund of the county. 
 Oct. 29, 1872. g26 Scction 26. If any county superintendent shall fail or neglect 
 
 Couuty court to report to the State Superintendent of Public Instruction, as pro- 
 may remove sr f } H 
 
 superintendent vided for in this act, within ten davs after the time specified, the 
 
 p. 122f). - 
 
 State Superintendent shall report the delinquency to the county 
 judge of the county for which such supeMntendent holds office ; 
 and the county court, or a majority thereof, may declare vacant 
 the office held by such county superintendent, and fill the unex- 
 pired term of such vacant office by the appointment of some com- 
 petent person, who shall be a duly qualified elector of said county. 
 Ibid, g 27. Section 27. In case of a vacancy in the office of county super- 
 
 m^TfiU*^^""'^^ intendent, the county court shall appoint some suitable person to 
 
 vacancy. p.i225 flu ^^^ ^^le unexpired term. 
 
 Feb. 17, 1887. §1. Section 28. The county courts of the several counties of this 
 Feb. 21, 1893. state are hereby required to levy, at the same time they levy other 
 
 tolevy tax^^ taxes, a tax upon all taxable property in their counties for school 
 
 p. i22u. purposes, "which shall aggregate an amount which shall be a« 
 
 much or more per capita for each and all of the children within 
 the county between the ages of four and twenty years, as shown 
 by the then last preceding school census, as the aggregate amount 
 of the school tax levied in the county for the year 1892 amounted 
 per capita for each and all of the children between the ages of four 
 and twenty years then in the county, as shown by the school cen- 
 sus next preceding the time of the levy of such tax for said year 
 1892, which shall be collected at the same time, in the same man- 
 ner, and by the same officers that other taxes shall be collected." 
 Oct. 21), 1872. Section 29. The county treasurer of each county shall make 
 
 lirer^to report annual exhibit of all school funds coming into and paid out of the 
 
 ** ml ^""*^^ treasury. He shall also retain and produce all the superintendent's 
 orders by liim paid off, on the yearly settlement with the county 
 superintendent. 
 
SCHOOL LAWS OF OREGON. 25 
 
 TITLP: IV. 
 
 SCHOOL DISTRICTS. 
 
 Hection 30. The taxable inhabitants of a newly-established Oct.»,1872.j30 
 district receiving the notice from the county Huperintendent as ^'**^^^ V* ^^"^ 
 provided in section 25, under the title of county school superin- p I'-'s-- 
 tendent. shall immediately write and post up three notices in 
 public places in the district, notifying the citizens thereof to 
 assemble at some convenient place for the purpose of organizing 
 iind electing three directors and a clerk, to serve the remainder of 
 the school year, or until their successors are chosen and qualified. 
 When three or more voters have assembled, pursuant to notice, 
 they shall constitute a quorum to do business, and shall have 
 power to do all business done at annual school meetings; /?ra- proviso. 
 vlded, that at least ten days' notice shall be given for all meetings 
 called in pursuance of this act; provided further, that in anyprovino 
 district containing live hundred or more qualified voters this 
 notice shall be duly published in one or more newspapers of such 
 district in which said district is located. 
 
 Section 31. Such meetings shall organize by appointing a chair- ibid. 
 
 man and secretary, and may then proceed to elect, by ballot, three ^^'^'^J^'lJj'^j 
 directors, who shall hold their offices until their successors are^DK- p. i2-'7. 
 ■elected and qualified. Such meeting shall also elect a district 
 <;lerk, who shall hold his ottice until the fii-st annual meeting 
 thereafter, or until his successor has been chosen and qualified. 
 
 Section 32. The directors and clerk elected at the first meeting i i)i«i. g m. 
 
 shall qualify immediately by taking an oath to support the consti- J^j^Jfj^'^^J™ *^j 
 tution and laws of the United States and of the State of Oregon, ny. p- »25M. 
 iuid to faithfully discharge the duties of their office to the best of 
 their ability ; and the clerk shall give a bond to the directors for 
 such sum as they may require, as an additional pledge for the 
 faithful performance of his duties. The chairman of the meeting 
 or aqy one he may choose shall administer the oath of office to the 
 directors and clerk-elect. 
 
 Section 33. The directors and clerk elected and qualified as ibid. i;«. 
 aforesaid shall have the same power and shall perform the samePovrersof 
 
 ^ J 1 1 directors and - 
 
 duties hereinafter required to be performed by directors and clerks clerks, 
 elected at the annual meeting of regularly organized districts.* 
 
 Section 34. Organized districts shall hold annual meetings onocr.is.^KTH. J6. 
 the first Monday of March, and shall elect one director every year A tin uai school 
 for each district, who shall qualify as aforesaid and shall hold his 122s. 
 office for three years, so that the oldest director shall retire from 
 * Note.— School districts are public corporations. State v. Hulln, 2 Or. 306. 
 
26 SCHOOL LAWS OF OREGON. 
 
 OcT.i8,i878.g6. office in order. The directors elected on the organization of a 
 
 Same subject, district shall remain or retire, as a vote of the first annual meeting- 
 may decide; the two getting the highest votes to retain their office 
 until the next annual meeting, and the one getting the highest 
 vote thereat shall serve until the next annual meeting thereafter; 
 
 Proviso. provided^ that in any district containing five hundred or more 
 
 qualified voters the annual election for directors and clerk shall be 
 held at from 2 P. M. till 6 P. M. of the second Monday in March; 
 that such election shall be by ballot, and that the judges of such 
 election shall be appointed by the directors of such district, who- 
 shall sit at the time and place appointed to receive and canvass the 
 votes and report the result to the directors; but in such districts 
 the annual meeting shall be held on the first Monday in March for 
 the transaction of business other than the election of director and 
 clerk. 
 
 Oct. 29. 1872. §35 Section 35. Any two directors shall constitute a quorum to do 
 
 Quorum of di- hn«inpe« 
 rectors, p. 1229. ""Siness. 
 
 Ibid. Section 3(). The oldest in office of the directors present shall 
 
 Oldest direc- act as chairman of all meetings; and in case neither of the directors 
 
 tor chairman. ° ' 
 
 p. 1229. is present the qualified voters present shall elect a chairman.* 
 
 Feb. 17. 1887. gi. Section 37. The duties of directors of school districts shall be,— 
 jfeb. 22, 1893. ^ rp^ authorizc the clerk to call special meetings. 
 Duties of direc- ^ ,„ . , , , , . . , ^ i, ^ 
 
 tors. p. 1229. 2. To issue warrants to the clerks authorizing them to collect 
 
 in the name of the district, and in the same manner as State and 
 county taxes are collected, all taxes assessed to the inhabitants 
 thereof, and upon the taxable property within the district of non- 
 residents thereof, t 
 
 3. The directors shall furnish their schools with fuel already 
 prepared for use, chalk, brooms, blackboards and erasers, stoves,, 
 window curtains, and other things necessary for the use of the 
 schools ; and if authorized by a majority vote of the legal voters 
 present at any legally-called school meeting, they shall purchase, 
 lease, or build schoolhouses,t buy or lease land for school pur- 
 
 * Note.— The words "oldest in office of the directors present," mean the director who has 
 served the longest time as such under an election; and such director has the authority, and it is 
 his duty, to preside as chairman at all school meetings of his district. The State of Oregon ex 
 rel. G. W. Patty v. J. McKec, 20 Or. 120. 
 
 t Note.— Taxable property, within the meaning of the statute which authorizes the levy of 
 taxes by school districts, is that property which persons within the district own, exclusiye of 
 indebtedness. The clerks of school districts, in making assessments, must follow the general law 
 governing assessors. Stephens v. School District, 6 Or. 353. 
 
 X Note. — Claims against a school district should be presented to the board of school directors- 
 before the commencement of an action thereon, and the omission of such allegation in the com- 
 plaint renders the same demurrable. Such requirement imposes no hardship on the claimant,, 
 and affords the school district an opportunity to pay without suit. Stackpole v. School District^ 
 9 Or. 508. 
 
SCHOOL LAWS OF OREGON. 27 
 
 poses, and take care of and furnish their school houses with the feb.17,is87. gi. 
 necessary furniture, lights, apparatus, etc.; and when authorized "Feb. 22. 18^ 
 by a majority vote of the legal voters present at any legally-called ^™® ^^^l^<^^- 
 school meeting may, for all or any of the above-mentioned objects, 
 in the name and on behalf of the said district, contract indebted- 
 ness by borrowing money, or otherwise, not exceeding five per 
 centum of the value of the taxable property of the district, and for 
 such purpose may issue and sell negotiable coupon bonds of the 
 district as hereinafter provided, and may from time to time, not 
 oftener.than once a year, assess the taxable property of said dis- 
 trict to pay the interest thereon and the principal when due, 
 which taxes shall be collected in the same manner as other school 
 taxes are or may be collectible by law. 
 
 4. To see that the wishes of the district toward outside scholars 
 who have no school in their own district or districts, or who, from 
 proper causes, cannot attend in their own district, are duly 
 respected. 
 
 5. To employ teachers and assist them in the government of 
 the school. 
 
 6. The directors shall visit and inspect their schools from time 
 to time, and when necessary may exclude any refractory pupil 
 therefrom ; but the exclusion of any pupil from the school for dis- 
 orderly conduct shall not extend beyond the current term, and 
 may be, in the discretion of the directors, for a shorter period. 
 
 7. To audit all claims against the district and draw orders on 
 the clerk for the amount.* 
 
 8. To require and take from the district clerk a bond with sui-e- 
 ties, and in such amount payable to said district as said directors 
 shall prescribe, conditioned for the faithful performance of the 
 duties of the office of clerk of said district ; provided^ that the proviso, 
 clerk's bond shall be equal in amount to not less than double the 
 probable amount of all school moneys that shall come into his 
 hands as clerk of said district ; and promded further ^ that the said Proris*. 
 clerk's bondsmen shall be other than the directors of the district, 
 
 and said clerk's bond shall be filed with the county superintendent 
 of schools. Districts shall not be entitled to their proportion of 
 the school fund unless said clerk's bond shall be filed with the 
 county superintendent of schools within thirty days from the 
 regular annual meeting held on the first Monday of March in 
 each year. 
 
 * Note —A contract for building a school house void because made by only one member of 
 the school board, may afterwards be ratified and made binding upon the school district by the 
 full board or by the school district. Sullivan v. School District, 18 Pac. Rep. 287. 
 
*28 SCHOOL LAWS OF OR EG OK ' 
 
 yjcB. 1 7. i887.g 1 9: To examine and correct the assessment roll made by clerks 
 Same Kubjeei. .^g herein otherwise provided by law. 
 
 10. To levy rate bills whenever, in their opinion, it is for the 
 best interests of the district to do so, fixing therein the amount of 
 tuition to be paid by each pupil attending school, and direct the 
 clerk to collect the same in the name of the district, which may be 
 enforced by warrant issued by the directors as taxes are collected, 
 
 rroviso. or by action; provided, that in no instance shall rate bills be levied 
 
 until all public school moneys (otherwise obtained) shall have 
 been exhausted. The directors of school districts are hereby 
 allowed to provide, from time to time, with the common school 
 fund for their districts, for the insurance of their school buildings, 
 and for the purchase of globes, charts, maps, and other apparatus 
 for use in their schools; and such apparatus shall be kept at the 
 schoolhouse during each term of school for the use of the pupils 
 
 3Toviso. and teachers; provided, that the yearly expenditures thereof shall 
 
 not exceed the sum of seventy -five dollars per year in districts 
 receiving five hundred dollars or over frtjm the common school 
 fund, and not to exceed thirty dollars in all other districts receiv- 
 ing less than five hundred dollars therefrom. 
 
 11. The directors of any school district in the State which shall 
 contain ten thousand inhabitants or more may, upon the petition 
 of not less than one hundred resident* and qualified electors of 
 such school district, provide that one or more of the common 
 schools to be kept in such district shall be taught in the German 
 language, and the teachers employed in such school or schools, in 
 addition to other qualifications required of teachers under the 
 existing school laws, shall be educated in the German language 
 and qualified to teach the same. 
 
 12. Boards of directors shall have entire control of the public 
 schools of their district and the teachers employed therein. The 
 board may establish such rules and regulations for the government 
 of teachers and pupils not inconsistent with the rules and regula- 
 tions of the State board of education, as the interests of the school 
 require. It shall be the duty of the teacher, under the direction of 
 the board, to determine what branches shall be pursued by each 
 pupil. 
 
 13. The directors when employing teachers shall enter into a 
 written contract with said teachers, to which contract the assent 
 of both parties must be given in writing, and then provided that 
 boards of directors shall not employ or permit to begin teaching 
 in ixuy public school any person who has not a valid certificate as 
 required by law. Without special mention in the teacher's con- 
 
SCHOOL LAWS OF OREGON. lM> 
 
 tract it shall be understood that only the common branche»« are to kkk :.. . ■. ., 
 be taught. Same Mihjeii 
 
 14. School orders shall not be issued without a vote of the board 
 of directors, and they must be signed by tlie chairman of tlic 
 board of directors and countersigned by the district clerk.* 
 
 15. Two directors shall constitute a quorum. Any duty im- 
 posed upon the board as a body must be performed at a regular 
 or special meeting, and must be made a matter of record. The 
 consent of the board to any particular meiisure obtained of indi- 
 vidual members when not in session is not the act of the lK)ar<l 
 and is not binding upon the district. If a contract is made without 
 authority from the board, the individuals making such contract 
 shall be personally liable. 
 
 16. All demands, whether by contract or otherwise, must be 
 approved by the board of directors, when in session, before an 
 order can be drawn on the district treasury for them, and no officer 
 can drawn an order on the treasury unless he is authorized to do 
 so by a vote of the board at a regular or special meeting. It shall 
 be the duty of the board to examine all contracts for the employ- 
 ment of teachers and the construction of schoolhouses, or for any 
 other purpose, and to see that stipulations have been complied with 
 before they authorize the payment of money thereon. 
 
 17. The board shall authorize the chairman and clerk to draw 
 warrants for the payment of teachers' salaries at the end of each 
 school month, upon proper evidence that the service has been per- 
 formed, but the order for wages for the last month shall not l^ 
 drawn until the teacher's report shall have been received, examined, 
 accepted, and filed in the office of the district clerk; provided, that proviso, 
 all teachers must hold legal certificates, and that said certificates 
 must cover the entire time of the teacher's service and must specify 
 
 all the branches taught, and can neither directly nor indirectly be 
 made to legalize another teacher's services. 
 
 18. Boards of directors shall dismiss teachers only for good cause 
 shown, and, in case the board shall pass an order to dismiss, the 
 material reason therefor shall be spread upon the record by the 
 district clerk. If a teacher is unjustly dismissed, he may take an 
 appeal from the action of board in dismissing him to the county 
 superintendent, and thence to the Superintendent of Public In- 
 
 * Note. — When tliere are outstanding warrants against a school district the clerk may pay 
 those first presented. It is not necessary that the money of each year be exclusively applied to 
 pay for schools taught during the year in which it was levied. Where the clerk has money in his 
 hands applicable to the payment of a warrant, which, upon presentation he refuses i.» pay. the 
 proper remedy is by mandamus. Howard v. Bamford, 3 Or. 565. 
 
so SCHOOL LAWS OF OREGON. 
 
 Feb. 17,1 887. gl. struction, but a suit at law must be Drought if he seeks to recover 
 Feb. 22, 1893. t^jQ p^y upoii the contract therefor. In the trial of a teacher, when 
 
 Same subject. .^ .^ sought to dismiss him, the board shall not prevent the teacher 
 from making a full defense, and the teacher may appear by attor- 
 ney, or otherwise, as he chooses. 
 
 19. It shall be the duty of the directors to prosecute any person 
 who shall willfully write, make marks, or draw obscene pictures 
 upon the walls, or any other parts of any schoolhouse or furniture 
 thereof, and any person thus defacing or injuring public school 
 property shall be amenable to the common law and penalty. 
 
 20. The power to locate sites for schoolhouses shall be vested in 
 the board of directors. This authority shall be exercised with 
 great care and without prejudice, and the wishes of the people for 
 whom the house is designed shall be consulted as far as practi- 
 cable, taking into account the prospective as well as the present 
 convenience of the people of the district. A site near the center 
 of the district shall be chosen, unless extraordinary and con- 
 trolling circumstances shall indicate a different selection. 
 
 21. All regular and special school meetings must be convened 
 by a written call signed by the chairman of the board and the 
 district clerk, and the directors shall cause the clerk to post such 
 written notices in three public places in the district at least ten 
 days before the day appointed for said meetings ; and the directors 
 shall cause to be used in each school district a uniform series of 
 t^tate blanks, registers, etc., whenever the same shall be supplied 
 by the State. 
 
 22. It shall be the duty of the directors (whenever a tax is 
 levied in any school district for school purposes ) to provide a map 
 of the district for the use of the clerk in making assessments, so 
 that the same may be just and equitable to all citizens of the 
 district. 
 
 23. On the petition of ten legal voters of any school district, 
 which petition shall be substantially in the following form, to wit: — 
 
 To the directors of school district No. , of county, State 
 
 of Oregon: Respectfully request you to submit to the legal voters 
 of said district the question of contracting a bonded debt of said 
 
 school district in the sum of dollars, for the purpose of , 
 
 and that you will call a school election for that purpose. 
 
 The board of directors of said district shall direct the clerk of 
 said district to cause to be posted a notice of election, which notice 
 of election shall be as near as may be as follows: — 
 
SCHOOL LAWS OF OREGON. 31 
 
 SCHOOL DISTRICT BOND ELECTION NOTICE. 
 
 Notice is hereby given that at a school meeting of school district Feb.17,i«7.?k 
 
 No. , of county, Oregon, to be held at , in said district, J!5?l22,J893^ 
 
 on the day of , 189—, there will be submitted to the legal ''^™* *"*'^^^ 
 
 voters of said school district the question of contracting a bonded 
 
 debt of dollai-s, for the purpose of , the vote to be by ballot, 
 
 upon which shall be the words, "Bonds — Yes," and the words, 
 "Bonds — No." Polls to be opened at 1 o'clock P. M. and remain 
 open until 4 o'clock P. M. By order of the board of directors of 
 school district No. , of county, Oregon. 
 
 Dated this day of , A. D. 189—. 
 
 ( Signed ) , Clerk. 
 
 Which said notice shall be posted for the period of twenty ( 20 ) 
 days prior to such election in at least three (3 ) public and conspic- 
 uous places in said district, one of which places shall be the place 
 of meeting. The meeting shall be called to order by the chairman of 
 the board of directors, and the taxpayers shall proceed to elect three 
 judges and a clerk of election, who shall conduct the election. When 
 the polls are closed, the judges and clerk shall proceed to canvass 
 the vote, and shall certify the result to the board of directors, the 
 county treasurer, and county superintendent. If a majority of 
 the votes cast are "Bonds — Yes," the board of directors, as soon 
 as practicable, shall issue coupon bonds of the district, not exceed- 
 ing in par value the amount stated in the notice of election, bear- 
 ing interest not to exceed eight per centum per annum, payable 
 semi-annually, redeemable at the pleasure of said district after ten 
 years, but due and payable absolutely twenty years from date, but 
 in no case shall the aggregate amount of bonded debt in any school 
 district exceed five per centum of the value of the taxable property of 
 any such district. The principal and interest of such bonds shall be 
 payable at the office of the county treasurer in which the district 
 may be situated,' or at such place as may be designated in the city 
 and state of New York, at the option of the purchaser thereof. All 
 such bonds so issued shall be signed by the chairman of the board 
 of directors, attested by the clerk of the district, and countersigned 
 by the county treasurer, and the said coupons attached to said 
 bonds shall be signed by the chairman of.said board of directors, 
 and countersigned by the district clerk by original or fac simile 
 signatures. Whenever any school district shall issue bonds under 
 the provisions of this section, all such bonds shall be issued to the 
 county treasurer of the county, and be registered by him in a book 
 kept for that purpose in his office, noting the school district, 
 
\ 
 
 32 SCHOOL LAWS OF OREGON. 
 
 Feb. 17, 1S87. § 1 . amount, date, time, and place of payment, late of interest, and 
 fkk. 22. w.)y. gm>]^ other facts as may be deemed proper, and all such bonds shall 
 
 Same puhjet'i. ,.„ ^ , ., . t 
 
 state on their face that they wer^ issued under the provisions of 
 this section. The county treasurer shall sell said bonds for the 
 best price obtainable, and hold the proceeds subject to the order of 
 the board of directors, but no bonds shall be sold for less than par. 
 The directors of said district must ascertain and levy annually a 
 tax sufficient to pay the interest accruing on such bonds as it be- 
 comes due, and at the expiration of ten years from date of said 
 bonds, and annually l;hereafter until full payment of said bonds i?* 
 made, they shall levy, in addition to the tax required to pay such 
 interest, an amount for a sinking fund sufficient to meet the pay- 
 ment of said bonds at maturity; such amount to be not less than 
 one tenth of the amount of bonds outstanding and unpaid; and 
 the fund arising from such levy shall be kept as the bond redemp- 
 tion fund of said district, and each of said tax levies shall be a lien 
 upon the taxable property in said district, and must be collected in 
 the same manner as taxes for other school purposes, and all such 
 taxes shall be paid to the county treasurer, who shall, with the 
 moneys so received, pay the said coupons and bonds as the^^ be- 
 come due. If, after said ten years from the date of any such bonds, 
 the directors of any school district issuing the same shall fail or 
 refuse to levy the tax necessary to constitute such sinking fund to 
 pay the same, it shall be the duty of the county treasurer to ascer- 
 tain the amount necessary to be levied for such sinking fund to 
 pay said bonds; and it shall be the duty of the county court or 
 county board to levy a tax equal to said sum so required and ascer- 
 tained on the certification thereof by the county treasurer; and the 
 proper county officer having power to extend county taxes shall 
 extend the same upon the tax roll of said county upon the taxable 
 property of said school district only; and the proper county officer 
 whose duty it is to collect taxes shall collect the same according to 
 law, and the said collecting officer shall pay said funds so collected 
 into the county treasury to the credit of the school district issuing 
 such bonds, to be applied to the payment of said bonds. The 
 county treasurer must pay out of any moneys belonging to the 
 school district, excepting the said moneys of said sinking fund, 
 the interest upon any bond issued under this section by school dis- 
 "^tricts, when the same becomes due, and at such places as designated 
 in such coupons or upon the presentation at his office of the same, 
 which must snV)w the amount due and the number and series of 
 the bond to which it belongs; and all coupons so paid must be 
 immediately reported to the directors of the district. Whenever 
 
 -J^i^-: 
 
SCHOOL LAWS OF OREGON. 33 
 
 any school district ia.thi8 State shall, under any of the laws of this FTO.i7.i887.gi. 
 State have contracted any indebtedness, or issued any bond for the -Zi?!?f?i?^'-_ 
 purchase of the building of any schoolhouse, or the furnishing of the ^*™* *"**i«<5'- 
 same, and the amount of such indebtedness shall not exceed the 
 sum of five per centum of the taxable property of said school dis- 
 trict, it shall be lawful for said school district to issue and exchange 
 its bonds for any such indebtedness at a rate of interest not greater 
 than that borne by the original indebtedness par for par and dollar 
 for dollar without any vote of the taxpayers of the district; and 
 said bonds shall in all respects conform to and be governed in all 
 their issuance and execution by the provisions of this section,. 
 except as to those provisions requiring a vote of th6 taxpayer. At 
 any time after the issuance of such bonds, and the discharge of 
 the duties imposed upon said county treasurer, should any inci- 
 dental expense, costs, or charges arise, the said county .treasurer 
 shall present his claim for the same to the board of directors of the 
 school district issuing such bondsi and the same shall be audited 
 and paid in the same manner as other services are paid for under 
 the provisions of law. Whenever the amount of any sinking 
 fund created under the provisions of this section shall equal the 
 amount, principal and interest, of any bond then due, or subject 
 under the pleasure or option of said school district to be paid or 
 redeemed, it shall be theSuty of the county treasurer of the county 
 in which the school district issuing such bond is located, to publish 
 a notice in any newspaper of,,general circulation published in the 
 county in which such district is situated, and if there be none 
 published in such county, then in a newspaper published nearest ' 
 to said school district, and also in one published at the State capitol, 
 that the said county treasurer will, within thirty ( 30 ) days from 
 the date of such notice, redeem and pay any such bond then 
 redeemable or payable, giving priority according to the date of 
 issue numerically, and upon the presentation of any such bond or 
 bonds the said treasurer shall pay the same. In case any holder 
 of such bond or bonds shall fail or neglect to present the same at 
 the time mentioned in the notice hereinbefore provided for, then 
 the interest upon such bond or bonds shall cease and determine, 
 and the treasurer of such county shall thereafter pay only the 
 amount of such bonds and the interest accrued thereon up to the 
 last day of the time of redemption mentioned in said 
 When any bonds are so redeemed or paid, the coun 
 shall cause the same to be fully cancelled, and write ^ross 
 of such bond the word "Redeemed," with the date 
 3 
 
> 
 
 34 SCHOOL LAWS OF OREGON. 
 
 Feb. 17, 1887. §1. and shall deliver the same to the board of directors of such school 
 Feb. 22 . 1893. district, taking the directors' receipt therefor. All bonds heretofore 
 Same subject, jggy^^ y^y gchool districts in this state, in pursuance of the vote of 
 a majority of the legal voters present at a legally called school 
 meeting, are hereby made and declared to be legal and valid. All 
 acts and parts of acts in conflict with this section are hereby re- 
 pealed. 
 O ct. 17, 1878. gi. Section 37a. The directors of school districts are hereby allowed 
 a^^Tauis^"^ to purchase from time to time with the common school fund for 
 books, etc. their districts, such books of reference and apparatus as the inter- 
 ests of the school demand; and the books of reference and appa- 
 ratus shall bekept at the schoolhouse during each term of school 
 Proviso. for the use of the pupils and teachers; prof idee?, that the yearly 
 
 expenditures therefor shall not exceed fifty dollars in districts 
 receiving five hundred dollars or over from the common school 
 fund, and ten per centum thereof in districts receiving less than 
 five hundred dollars therefrom.^ 
 F eb. 21,1887.^1 . Section 376. The directors of any school district in the State 
 SubHsh kin^ which shall contain five hundred inhabitants or more may, when 
 dergartens. authorized thereto by the qualified electors of such district, provide 
 for the establishment and maintenance therein, as part of the 
 common school system thereof, of schools commonly known as 
 kindergartens. 
 O ct. 29,1872.^38 Scctiou 38. When a vacancy shall occur in the board of direc- 
 boarTof direc- *^^^' ^^ death, resignation, or otherwise, the remaining member or 
 *°^12.34^^ ^^^^^' ^^"^bers thereof shall forthwith authorize the clerk to call a special 
 meeting to fill such vacancy. 
 Ib id, g 39. Section 39. The directors shall perform such other duties not 
 
 reljtors^ne^ect P^^^ided for in this act as the wants of their district may from time 
 of duty. p. 1234 to time demand; and if they neglect to perform all the duties en- 
 joined upon them by this act they shall forfeit their office and pay 
 a fine of ten dollars into the treasury of the district, subject to the 
 decision of a majority vote of their district. 
 Ibid , g 40. Section 40. All districts organized in pursuance of this act shall 
 ^oraSf ^°^ ^®' *^ ^^^ intents and purposes, a body corporate, competent to 
 1234. transact all business coming under their jurdisdiction, and sue and 
 
 be sued. When suit is commenced against any district, notice 
 must be served upon one of the directors. 
 
 * Note.— This section is almost but not quite the same in terms as part of subdivision 10 of 
 section 1 of the act approved February 17, 1887, and found at page 1231, vol. II., Hill's code. Yet 
 as this. section has never been expressly repealed and is now necessarily in direct conflict vrith the 
 later act, both are ins'erted in this compilation without further comment as to the validity of 
 either. 
 
SCHOOL LAWS OF OREGON. 35 
 
 Section 41. District meetings legally called shall have power to Oct. 29, 1872. hi 
 
 levy a tax upon all real and personal property in their district and nigtrict meet- 
 
 Ing may levy 
 make any necessary appropriation for the support and benefit of taxec p. 1234. 
 
 schools; also adjourn from time to time, and to supply all vacan- 
 cies in their district offices; provided, that a majority of the legal Provliio. 
 voters present so decide.* 
 
 Section 42. Districts shall not be entitled to their proportion of _Feb.21,18W. 
 the school funds at the disposal of the county superintendent unless Feb.20.1891. 
 they shall report to him by the first Monday of March of each year, 
 and shall have had a school taught in their district of one quar- 
 ter's duration in each year; provided, that if the entire school Provi«o. 
 funds received annually by each school district from the apportion- 
 ment of the five-mill county school tax and the irreducible State 
 school fund made by the several county superintendents shall not 
 be exhausted and expended for school purposes only within and 
 during the year for which such apportionments are made, such 
 unexpended balance shall be forfeited to the general school fund of 
 the county, and the clerk of said school district shall report the 
 amount of said unexpended balance in his first annual report there- 
 after to the county school superintendent, who shall place said sum 
 to the credit of the general school fund of the county, and charge 
 the same to said district as a part of the first succeeding year's 
 apportionment thereafter; provided further, that no part of the proviso, 
 five-mill county school tax and the irreducible State school fund 
 hereinbefore mentioned shall be applied in paying for school sites, 
 or the building or completion or seating of schoolhouses readj' for 
 occupancy; provided further, that a new district shall not be proviso, 
 required to have a school taught as aforesaid, for the space of one 
 year from the date of its organization. When a district has for- 
 feited its school money, no recourse whatever shall be had to 
 obtain the same. 
 
 Section 43. First — Any citizen of this State shall be entitled to J^i?5.l8^ 
 vote at a school. meeting who is twenty-one years of age, and has y gB-20.i8 9L_ 
 
 , ,. . , n. .. X Voters at 
 
 resided in the district thirty days immediately preceding the meet- school meet- 
 ing, and who has property in the district upon which he or she 
 pays a tax, or have children of school age to educate, but this act 
 [ section ] shall not be applicable to districts with a population of 
 one thousand and upwards. 
 
 Second — In all school districts in this State with a population 
 
 * Note.— If the clerk of a school district fail to attend a meeting of his district and to act as 
 secretary thereof, such meeting has the incidental power to appoint any private person a secretary 
 pro tern, for the purpose of making an entry of the business of such meeting, and such entrie.* 
 made by authority of the voters then present are evidence of the proceedings of the meeting. 
 The State of Oregon ex rel. G. W. Patty v. J. McKee, 30 Or. 120. 
 
36 SCHOOL LAWS OF OREGON. 
 
 Feb. 25, 1889. of one thousand and upwards, any citizen of this State shall be 
 
 Feb. 20, 1891. entitled to vote at a school meeting who is twenty-one (21) years of 
 
 Same subject. ^^^^ ^^^ ^^^ resided in the district thirty (30) days immediately 
 
 preceding the meeting, and who has property in the district upon 
 
 which he or she pays a tax. 
 
 Oct. 29, 1872. Section 44. Women who are widows ahd have children to edu- 
 
 Same subject. Q2itQ, and taxable property in the district, and who have resided in 
 
 the district thirty days, as aforesaid, shall be entitled to vote. 
 
 Ibid. Section 45. Districts cannot levy a tax for any purpose unless 
 
 Notice neees- ^j^^ notice calling the meeting states this to be the object. 
 
 p- 1235. Section 46. Schools supported by a tax upon the district shall, 
 
 feb^21^,288^_ ^^^ ^jj districts that establish and maintain kindergartens, be free 
 School sup- ° ' 
 
 ported by tax to all persons between the ages of four and twenty-one years resid- 
 to be free ■ 
 
 p. 1235. " ing therein, and in all other districts to all persons between the 
 
 ages of six and twenty-one years residing therein; and other per- 
 sons from outside may be admitted on such terms as the district 
 may direct.* ^ 
 
 Oct. 29, 1872. Section 47. The minutes of all s^ool meetings must be signed 
 sPned^^p''i^35 ^y *^® chairman and secretary. j 
 
 Ibid, g 48] Section 48. If any board of directors shall draw a warrant on 
 
 Penalty for the school fund for the wages of any teacher who has not obtained 
 
 paying teach- 
 
 ers without a certificate as required by this act, and laid the same before the 
 
 certificate. 
 
 directors for their inspection, such district shall forfeit its proper- 
 
 tion of the school fund for the year. 
 
 Ibid. § 49. Section 49. When a vote is being taken in district meetings 
 
 p^S'^*^ ^°®^- the ayes and noes shall be called if demanded by two or more 
 
 voters of the meeting. 
 
 Ibid. 1 50. Section 50. That all school districts formed by the superin- 
 
 fornied of con- tendent of common schools shall be formed of contiguous territory. 
 
 tiguous t^erri- Section 51. Where the public good requires it, a school district 
 
 Ibid. § 51. may be formed of adjacent territory, lying in two or more counties; 
 
 District may and it shall be the duty of the clerk of such district to report 
 be m two or "^ ^ 
 
 more counties, annually to each superintendent having jurisdiction ; and said 
 
 clerks shall include in such report the number of scholars residing 
 
 in each county. Said clerk shall be^ entitled to draw, for the 
 
 benefit of his district, that portion of the public school fund due 
 
 said district from each county. 
 
 * Note.— Children between the ages of six and twenty-one years, though of Chinese parent- 
 age, are entitled to admission in the public schools of the district in which they reside. In a pro- 
 ceeding by mandamus to compel a teacher to admit a child to a class in the public schools, the 
 superintendent of schools and the board of education are not proper parties. 
 
 A board of education has power to make and enforce all rules and regulations not contrary to 
 law; and teachers cannot justify a violation of law on the ground that a resojution of the board 
 of education required them to do so. Tape v. Hurley, 6 Pac. Rep. 129. 
 
SCHOOL LAWS OF OREGON. 37 
 
 Section 52, A certificate received from the superintendent ofocT.29,i872.g62 
 either county in which such district may be situated shall be suffi- Certificatentc^ 
 cient to enable such teacher in such district to draw pay out of the cases, p. 1236. 
 common school fund. 
 
 Section 53. Each school district shall elect, at the annual meet- ibid, g 53. 
 
 ings, a district clerk, who shall hold his office for one year, or until ^hoofcierks 
 
 his successor is chosen and qualified as required in this chapter. p- i-^- 
 
 Section 54. It shall be the duty of the district clerk — * Feb. 17, 1887. ji. 
 
 First — To record all proceedings in a book to be provided for i^^^ies o^ <J**- 
 - X- o f tnct clerks, p. 
 
 the purpose. 12:J6. 
 
 Second — To give notice, as required in this act, of annual and . 
 special meetings. 
 
 Third — Whenever any tax is levied by the district, he shall 
 make an assessment roll of all the taxable property within his 
 district, and deliver the same to the directors ; provided, that one Proviso, 
 year shall intervene between any two assessments, and that the 
 district clerk in making said assessment roll shall follow the . 
 county assessment made in the same year as far as the same shall 
 be applicable in fixing the valuation of all property within the 
 district unless the board of directors shall otherwise order; pro- 
 vided further, that in case there is more than one tax levied within proviso, 
 one year the clerk shall not be required to make more than ,one 
 assessment roll within that year. 
 
 Fourth — When he receives the audited assessment roll and 
 warrant from the directors, to collect all the taxes for which the 
 roll calls by the time and in the manner authorized by the warrant. 
 
 Fifth — Each district clerk shall enroll annually for school pur- 
 poses all persons in his district over four and under twenty years 
 of age. This annual census shall contain the names and ages of 
 all children of the school ages mentioned above, and shall also 
 contain the names of all parents and guardians resident in the 
 district; provided, that this annual enumeration shall include all proviso, 
 youth between the ages of four and twenty years who, at the time 
 of taking such enumeration, actually dwell or have their home in 
 the district, whether such youth constitute a part of the family of 
 their parents or guardians, or are in good faith and for a continu- 
 ance of time hired to labor or service in a family actually residing 
 in such district. If, however, a youth is staying temporarily in a 
 
 * Note.— If the clerk ot a school district fails or neglects to be present at a meeting of his dis- 
 trict, or to act as secretary thereof, the meeting has power to appoint a secretary pro tem., and the 
 announcement by the chairman that W. was appointed, who accepts the position and acts with 
 the consent of the meeting, is to be regarded as the corporate act of the meeting. The State of 
 Oregon ex rel. G. M. Patty v. J. McKee, 20 Or. 120, 
 
38 
 
 SCHOOL LAWS OF OREGON. 
 
 Feb. 17, 18 87. gl. district as a boarder or a visitor, or is a member of a family tempo- 
 Same s^bject. rarily in the district and whose actual residence is in another dis- 
 trict, such youth cannot be legally enumerated; but the temporary 
 residence of a family in a district, if such family at the time have 
 no other residence, shall not exclude the children actually living 
 Proviso. in and belonging to such family from the enumeration ;promded, 
 
 that a youth shall be legally enumerated in but one district, and 
 Proviso. that is the district in which he actually resides; provided further, 
 
 that this annual census must include all children ( whose parents 
 or guardians are residents of the district ) that are absent attending 
 Proviso. institutions of learning; and provided further, that the clerk 
 
 must not include in the annual census children who are attending 
 benevolent institutions, as deaf and dumb, blind and orphan asy- 
 lums, in his district, but whose parents or guardians do not reside 
 therein. The district clerk shall visit each habitation, home, resi- 
 dence, domicile, or place of abodeNln his district, and by actual 
 observation and interrogation enumerate the census children of 
 Proviso. the same; provided further, that the annual census report of the 
 
 district clerk shall be submitted to the directors and citizens of the 
 district at the regular annual meeting of the district held on the 
 first Monday of March, and all corrections necessary shall then be 
 made, and the clerk shall then immediately file this original re- 
 port in his office, the same to be and remain as a part of the per- 
 manent records of his office. The clerk shall immediately forward 
 a certified copy of his annual report to the county superintendent, 
 Proviso. who shall file the same in his office; provided, that this annual 
 
 report of the district clerk shall be forwarded to and filed with the 
 county superintendent not later than the fifteenth day of March 
 Proviso. in each year; provided, that his annual report and certified copy 
 
 thereof shall be made under oath upon blanks for the same fur- 
 nished by the State board of education. The annual report of the 
 district clerk shall be submitted to the county superintendent as 
 nearly as may be in the following form, to wit : — 
 
 ANNUAL REPORT OF SCHOOL DISTRICT NO. — 
 
 Number of legal voters 
 
 Number of persons over 4 and 
 under 20 years of age 
 
 Number of male scholars- 
 Number of female scholars- 
 
 Number of quarters of school 
 taught 
 
 Kinds of books used. 
 
 Number of scholars in average at- 
 tendance 
 
 Amount paid teachers from 
 trict tax 
 
 Amount paid teachers from rate 
 bills and subscription 
 
 Amount received and paid teach- 
 ers out of county funds 
 
 Amount received and paid teach- 
 ers out of State funds 
 
SCHOOL LAWS OF OREGON. 39 
 
 ANNUAL REPORT OF SCHOOL DISTRICT NO. -.—CONCLUDED. 
 
 Amount of Incidental expenses _. 
 
 Total amount of tax levied and 
 collected 
 
 I Feb . 17, 1887. gl. 
 
 Value of schoolhouses ..^. Same subject. 
 
 Value of other school property. 
 
 Names of teachers employed-. 
 
 Names of pupilsl >_ _ 
 
 Names of parents or guardians _ _t __ 
 
 A B 
 
 District Clerk. 
 
 Sixth — The bond of the clerk of each school district shall be 
 equal in amount to not less than double the probable amount of all 
 school moneys that shall come into his hands as clerk of such dis- 
 trict. The bond of the district clerk shall be presented to and 
 accepted by the board of directors of his district within ten days 
 from the date of his election or appointment as such district clerk, 
 and which bond shall be filed with the county superintendent 
 within thirty days from the date of the election of the district 
 clerk. 
 
 Seventh — Authority shall in no case be granted to any board of 
 school directors to release a school clerk from his liability for any 
 portion of the school funds belonging to the district. The books 
 and accounts of the district clerk shall be subject to the inspection 
 of the directors at any and all times ; and the directors shall, at 
 the annual meeting of the school district, make a thorough exam- 
 ination of the books and accounts of the district clerk. 
 
 Eighth — Every clerk of the school district who is his own suc- 
 cessor shall give a new bond for the term for which he is re-elected, 
 within the time hereinbefore named for the presentation of his 
 bond, to the directors ; and his former bondsmen shall not be 
 liable for defaults committed within the term for which he is re- 
 elected. In case any district clerk shall fail to give a bond within 
 the time heretofore mentioned for the presentation and acceptance 
 of such bond, the office of clerk shall be declared vacant by the 
 board of directors ; provided^ however^ that in the event any Proviso, 
 board of directors shall accept the bond of the district clerk after 
 thirty days have elapsed from the date of the election or appoint- 
 ment of such clerk, then such bond, so accepted, shall be valid. 
 
 Ninth — Clerks of all school districts in the State shall use a 
 uniform series of State blanks, blank reports, registers, warrant 
 
40 SCHOOL LAWS OF OREGON. 
 
 Feb. 1 7, 1887. gi. books, etc., whenever the same shall be provided by authority of 
 
 Same subject, the State. 
 
 Tenth— The clerk of each school district shall refuse to pay an 
 order for the last month of the teacher's wages until the teacher's 
 register has been examined, approved, and filed in his office. 
 
 Eleventh — It shall be the duty of the district clerk to keep a 
 correct account, in a book provided for the purpose, of all moneys 
 coming into his hands, and of all paid out belonging to his district; 
 and he shall make a report of the same to the annual meeting, 
 and when called upon lt>y the directors to do so shall report at 
 special meetings. 
 
 Twelfth — When he receives the superintendent's order for the 
 money set apart for his district out of the county school fund, he 
 shall immediately call upon the treasurer, either in person or 
 otherwise, present his order, get the money, and receipt for the 
 same ; and it is hereby made the du^ of the county treasurer to 
 report at once to the county superintendent whenever school 
 moneys are received by him. 
 
 Thirteenth — He shall turn over all district money, books, and 
 papers to a duly qualified successor. 
 
 Fourteenth — He shall immediately, after the annual school 
 meeting, send to the county school superintendent a list of the 
 officers of the district, which list shall give the length of the term 
 of office of each director, and the postoffice address of each director 
 and the clerk of his district. 
 
 Fe b. 25, 1889. gi. Section 54a. It shall be the duty of the county clerk of each 
 
 Same subject, ^nd every county in the State of Oregon to provide the district 
 school clerks in his county with assessment blanks, similar to those 
 
 Proviso. furnished to county assessors; provided, that only so many pages 
 
 shall be furnished to each district school clerk as may be necessary, 
 
 taking into account the amount of taxable property in his district. 
 
 Ibid. Section 55. The clerk of each' school district containing 4,000 
 
 Clerks' fees. • qj. niore inhabitants shall receive for his services of thfe money 
 collected by him of school taxes as follows : For the first twenty 
 thousand dollars or any less sum, five per centum thereof; for the 
 next twenty thousand dollars or any part thereof, two per centum 
 thereof; for all sums above forty thousand dollars, one per centum 
 thereof. The clerks of all other school districts shall receive for 
 their services of the money collected by them of district taxes 
 levied in their respective districts, five per centum thereof ; and the 
 directors of any district may pay their clerks such additional 
 compensation as is in their judgment necessary. 
 
SCHOOL LAWS OF OREGON, 41 
 
 Section 56. The clerk shall, if he fails to perform all the duties Oct. », 1872. gsc 
 required of him by this act, forfeit the percentage allowed him, JJj^"' °^^ 
 and suffer the enforcement of his bond. of. p. 13 41. 
 
 Section 57. The clerk shall act as secretary of all meetings, and -*SI?lil?*rLir: 
 shall at the end of each quarter (when authorized by the directors) secretary of 
 
 mcctiDSTs etc 
 
 make out the rate bills for tuition then due, and collect the same p. 1241. ' 
 without delay. 
 
 Section 58. In case the office of clerk shall become vacant in Oct. », 1872. §58 
 any district, by death, resignation or otherwise, it shall be the duty omS°o/clerk 
 of the directors to appoint, from among the qualified voters of the P- 1242. 
 district, some person to fill such vacancy until his successor is duly 
 elected and qualified. 
 
 TITLE V. 
 
 SCHOOL TEACHERS. 
 
 Section 59. A teacher's duty while in charge of a school shall feb.25,i885. gi. 
 
 be as follows :— Teachers. 
 
 duUes of. 
 First — To maintain order in school and conduct himself in such p. 1247. 
 
 a manner before his school as to command respect from his pupils. 
 
 Second— To commence school at 9 o'clock A. M., and to close at 
 4 o'clock P. M. of each day, giving one hour for recreation at noon; 
 provided, that the directors may order a less number of hours. Provteo. 
 
 Third— To labor during school hours to advance the pupils in 
 their studies; to create in their minds a desire for knowledge, 
 principle, morality, politeness, cleanliness, and the preservation of 
 physical health ; and it is hereby made the duty of every teacher 
 to give, and of every board of school directors to cause to be given, 
 to all pupils suitable instruction in physiology and hygiene, with 
 special reference to the effects of alcoholic drinks, stimulants, and 
 narcotics upon the human system. 
 
 Fourth— To keep a register, showing the name, age, sex, and 
 daily attendance of all persons attending his school, and hand the 
 district clerk a copy of the same at the close of each quarter. 
 
 Section 60. Teachers may, in case the county superintendent ocr. 29. 1872. §60 
 does them an injustice on examination, apply to the Superin- Teacher ma>^ 
 tendent of Public Instruction, who is hereby authorized to issue 
 certificates to such teachers of the same force and granting them 
 the same rights and privileges as those issued by the county 
 superintendent. ibid, j 6I. 
 
 Section 61. Sixty days or twelve school weeks shall constitute School term, 
 a quarter of a school year. p 1248- 
 
42 SCHOOL LAWS OF OREGON. 
 
 TITLE VII. 
 
 TREE PliANTING. 
 
 Feb. 25, 1889. gi^. Section 62. The second Friday in the afternoon in April of each 
 Arbor day. year shall hereafter be known throughout this State as Arbor Day. 
 
 Ibid. 12. Section 63. In order that the children in our public schools 
 
 Order of exer- shall assist in the work of adorning the school grounds with trees, 
 and to stimulate the minds of children towards the benefits of the 
 preservation and perpetuation of our forests and the growing of 
 timber, it shall be the duty of the authorities in every public school 
 district in this State to assemble the pupils in their charge on the 
 above day in the school building or elsewhere, as they may deem 
 proper, and to provide for and conduct, under the general super- 
 vision of city superintendents, county superintendents, teachers, 
 and directors, or other school authorities having the general charge 
 and oversight of the public schools in each city or district, to have 
 and hold such exercises as shall tend t^encourage the planting, 
 protection, and preservation of trees and shrubs, and an acquaint- 
 ance with the best methods to be adopted to accomplish such 
 results. 
 Ibid. § 3. Section 64. The Superintendent of Public Instruction shall 
 
 Superinfeud'nt from year to year, under and by direction of the State board of 
 
 of public in- *^ "^ ' 
 
 strnctionto education, have power to prescribe from time to time a course of 
 
 DrBscrilDG Dro- 
 
 gramme. exercises and instructions in the subjects hereinbefore mentioned, 
 
 which shall be adopted and observed by the said public school 
 
 authorities on Arbor Day. 
 
 TITLE VIII. 
 
 COMPULSORY EDUCATION. 
 
 Ibid. §1. Section 65. Every parent, guardian, or other person in this 
 send^hiSren ^^^^e having control or charge of a child or children between the 
 to school, etc. ages of eight and fourteen years shall be required to send such 
 child or children to a public school for a period of at least twelve 
 weeks in every school year, of which at least eight weeks' school 
 [shall] )?e consecutive, unless the bodily or mental condition of 
 such child or children has been such as to prevent his or her or 
 their attendance at school or application to study for the period 
 required, or unless such child or children are taught in a private 
 school or at home in such branches as are usually taught in pri- 
 mary schools or have already acquired the ordinary branches of 
 learning taught in the public schools; provided^ in case a public 
 school shall not be taught for the period of twelve weeks, or any 
 
SCHOOL LAWS OF OREGON. 43 
 
 part thereof, during the year, within two miles by the nearest Feb. 25, 1889. gi- 
 traveled road of the residence of any i^erson within the school dis- s*™** ""^J*®*- 
 trict, he or she shall not be liable to the provisions of this act. 
 
 Section 66. Any parent, guardian, or other person having con- ibw. 12. 
 trol or charge of any child or children failing to comply with the Penalty, 
 provisions of this act shall be liable to a fine of not less than five 
 dollars nor more than twenty-five dollars for the first offense, nor 
 less than twenty-five dollars nor more than fifty dollars for the 
 second and each subsequent offense, besides the cost of the prose- 
 cution. 
 
 Section 67. It shall be the duty of the directors and clerk of ibid. §3. 
 
 each school district to make diligent effort to see that this law is directors and 
 
 ° clerk to enforce 
 
 enforced in their respective districts. th is law. 
 
 Section 68. Justices of the peace shall have concurrent iurisdic- J^'^- ^ *■ — 
 
 . , , ^ J \V hat courts to 
 
 tion with the circuit court in all prosecutions under this act. have juriadic- 
 
 tlon. 
 
 TITLE IX. 
 
 ESTABLISHING SCHOOL DISTRICTS IN TOWNS OF TEN THOUSAND 
 INHABITANTS. 
 
 Section 69. Whenever the population of any city or incor-ocT.26,if82.2i. 
 porated town shall exceed four thousand inhabitants, as shown by feb.20,1893.~ 
 any census of the State or of the United States, all school districts ]^"JicJ^}j',^'r- 
 or parts of school districts within the limits of said city shall con- [|f p*J^|^° ^^^' 
 stitute one school district, and the boundaries and limits of such P 1242. 
 school district shall conform to the limits and boundaries and shall 
 be the same as the limits and boundaries of said incorporated city 
 or town; provided, that in all cases when any part of any school Proviso, 
 district shall be included in any such incorporated city or town, 
 and a part thereof shall not be included within the boundaries of 
 said city or town at the time this act shall take effect, such parts 
 of such school districts as lie without the boundaries of such city 
 or town shall continue to be a part of such school districts. 
 
 Section 70. When the limits or boundaries of any incorporated ibid. \ 2. 
 city or town containing four thousand inhabitants or more, which ftJo? d/y and 
 
 has been by this act constituted a school district, are changed 'district to cor- 
 
 •' ^ respond, 
 
 according to law, then the boundaries and limits of the school dis- p. 1242. 
 
 tricts therein shall be deemed to have been changed also so as to 
 
 conform to the new limits and boundaries of such incorporated 
 
 city or town. 
 
 Section 71. In all such districts as are created by this act, the J^'LL^- — 
 
 „ ^ , 1 * , Board of direc- 
 
 board of directors shall consist of five members, each of whom tors, term of. 
 
44 
 
 SCHOOL LAWS OF OREGON. 
 
 Oct. 26, 1882. 
 
 Feb. 20. 1898. 
 Same subject. 
 nFEB7207l89ir 
 
 Ibid. 
 
 Oct. 26, 1882. §6. 
 
 Vacancies, how 
 filled, p. 1243. 
 
 Ibid, g 7. 
 
 Duties of 
 board, p. 124c 
 
 Proviso. 
 
 Proviso. 
 
 Proviso. 
 
 shall hold office for a term of five years, one member retiring each 
 year, as hereinafter provided. 
 
 Section 72. The election for members of the board of directors 
 in all such districts shall be held each year at the times and in the 
 manner now provided by law for districts containing five hundred 
 legal voters. 
 
 Section 73. The school clerk in such districts shall be deemed 
 an officer of the boards of directors, which boards shall have 
 authority to elect him, prescribe his duties, fix his compensation, 
 and determine the manner of its payment, and to fix the amount 
 of his bond. 
 
 Section 74. After the first election of members of the board of 
 directors under this act, but one shall be elected each year, and all 
 vacancies in the board shall be filled as now provided by law. 
 
 Section 75. The duties of the board shall be, — 
 
 First — To employ a city superintendeqt of schools of the dis- 
 trict, and fix his term of office and conipensation. 
 
 Second — To employ teachers, janitors, carpenters, etc., and fix 
 their compensation. 
 
 Third — To prescribe courses of study and make rules and regu- 
 lations for the government of said district. 
 
 Fourth — When in their judgment more systematic grading of 
 their school requires it, to choose textbooks in addition to those 
 already authorized by the State ; provided^ that such choice shall 
 be made at the same time as that now prescribed by law for the 
 choice of textbooks for the State, and the result of their choice 
 shall be regularly reported to the State board of education, to be 
 by them filed as in the case of votes by county school superin- 
 tendents. 
 
 Fifth —To create a board of examiners for the purpose of exam- 
 ining all persons who may be employed to teach in said schools ; 
 and the county school superintendent of the county in which such 
 district may be located shall be the ex officio chairman, and the 
 city superintendent shall also be a member ; provided, that certifi- 
 cates issued by such board of examiners shall not be valid in any 
 other district than that for which such certificates are issued; 
 provided further, that the holder of a valid certificate may be 
 employed without further examination at the option of the board. 
 
 Sixth— To lease and build schoolhouses, to buy and lease lands 
 for school purposes, and to furnish their schoolhouses with proper 
 furniture, libraries, light, fuel, apparatus, etc., and to sell and con- 
 vey such lands and other property belonging to the district as may 
 not, in their judgment, be required for school purposes. 
 
SCHOOL LAWS OF OREGON. 45 
 
 Seventh— To provide for polling places in each ward in HuchOor.28»Utt.27. 
 city for all school elections, to appoint judges and clerks, and to same robJettT 
 C3,nvass all votes and pollbooks and determine the result thereof. 
 
 Eighth— To make an annual printed report to the taxpayers of 
 said district. 
 
 Ninth— To determine who are non-resident pupils, and fix the 
 rat^s of tuition for such non-resident pupils. 
 
 Section 76. The board of directors in such districts must pro- ibid. ? 8. 
 vide for the time and place of its regular meeting, at any of which Directors To 
 it may adjourn to the next succeeding regular meeting, or to some and place of 
 specified time prior thereto, and it may be convened upon written ™®^""*^- P-^^^ 
 or printed notices issued by the school clerk by order of the chair- 
 man, or upon the united request of three members of the board. 
 
 Section 77. A majority of the board of directors shall constitute ibid. « 9. 
 a quorum to do business, but a less number may meet and adjourn Quornm. 
 from time to time and compel the presence of absent members. 
 
 Section 78. The board of directors of such district may adopt jbid 3 lo 
 rules for the government of the conduct of its members and its Board may 
 proceedings. It must keep a journal, and on the 'call of any one J. °u^ ^* 
 of its members must call the yeas and nays, to be taken and 
 entered upon its journal upon any question before it. 
 
 Section 79. On or before the tenth day next following any ibid, g ii. 
 
 regular or special election for school officers, there must be a ^y hen newly 
 
 ° ^ elected officers 
 
 regular meeting of the board, at which time the newly-elected to enter on 
 
 Z: ^ 1, 11 i. ..1, . J *. duties, p. !244. 
 
 officer or officers shall enter on their duties. 
 
 Section 80. The directors of the largest and most populous dis- F eb. 21. 1891. gl2 
 trict within said corporate limits shall, with such others as are J^^jresT^district 
 elected in pursuance of this act, be the board for such new district J^^ ^^^uSS" 
 organization, and all the property, real or otherwise, belonging to ^^'s act 
 districts or parts of districts within said corporate limits, shall 
 become the property of such new district, and be subject there- 
 after to the control of the board of directors of such largest and 
 most populous district; but the new board may provide, for a 
 period not exceeding three years from the date of such consolida- 
 tion, for the free tuition of all pupils living within the boundaries 
 of such parts of such consolidated districts which are beyond the 
 said limits, unless such parts are sooner erected into a new district 
 or are attached to other districts. 
 
 Section 81. Any person, male or female, who is a qualified voter persons e iigT-" 
 
 at school elections, shall be eligible to the office of school <iirector We^ford^r^- 
 
 in such districts. ibidT § 14. 
 
 Section 82. At su6h general or special elections in such districts Offic^re Voted" 
 " ^ , , for at election 
 
 the only officers voted for shall be that of directors and clerk. p. 1245. 
 
46 SCHOOL LAWS OF OREGON. 
 
 Feb. 21, 1891. § 12 Section 83. The board of directors of such district are author- 
 Directors may jzed to contract an indebtedness for the district for school purposes, 
 
 contract ^ ^ ' 
 
 indebtedness, but such indebtedness at no time shall exceed in the aarffrearate 
 p. 1245. ^^ ^■ 
 
 more than one hundred thousand dollars. 
 
 Ibid, g 16. Section 84. No warrants drawn on the school fund in such 
 
 to draw\\uer- district shall draw interest before or after presentation to the school 
 
 est. p. 1245. clerk. 
 
 Ibid. § 17. Section 85. In all such districts, when in the opinion of the 
 Us^^r and^^^ board the cost of any lot of furniture, stationery, apparatus, fuel, 
 
 receive bids for buildings, or improvements, or repairs to the same will equal or 
 
 fuel, apparatus, 
 
 etc. p. 1245. exceed the sum of |500, it shall be the duty of said board to give 
 
 due notice by publication in at least one daily newspaper published 
 
 within the said corporate limits of their intention to receive bids 
 
 for such lot of furniture, stationery, etc., and they shall determine 
 
 the specifications for such bids and appoint the time and place for- 
 
 opening of all bids, which shall be public. And it shall be unlawful 
 
 for any member of the school board to bid or to be an interestea 
 
 party in any bid before such board. 
 
 I bid. § 18. Section 86. ' The course of study shall be under the entire con- 
 
 fXfeTstudy t^^^l o^ t^e boa^<i <^f directors. 
 
 Pii^^^ Section 87. The mode and manner and the times for assessing 
 
 Oct. 26, 1882. §19 
 
 Assessment — ^"^ collecting the taxes in such districts shall be the same as that 
 
 Sf faxes^p me "^^ provided for by law. 
 
 Ibi d. § 20"; Section 88. It is hereby made the duty of all school clerks 
 
 ?egrega\edre^^ whose districts lie partly within and partly without any incorpo- 
 
 ports in certain rated town containing ten thousand inhabitants, to make to the 
 
 cases, p. 1246. ^ ' 
 
 county school superintendent of the county containing such incor- 
 porated city or town a segregated report at the time now provided 
 for by law, showing the number of persons of school age in their 
 respective districts living within, and also the number of persons 
 of school age living without such incorporated city or town. 
 Ibid. § 21. Section 89. It shall be the duty of the school directors of the 
 oldest dist*rict oldest organized district affected by this act to designate the poll- 
 poiifn^/pface ^^^ places, name the judges and clerks to serve at the first election 
 V- 1246. under this act, and the board of such oldest district shall also 
 
 canvass and declare the results of such election. 
 
 _Jbid. § 22^ Section 90. All acts and parts of acts now in force concerning 
 
 Sfapp^y to^^ the duties and powers of school directors and school clerks which 
 offlg^^s. (Jo not conflict with the express provisions of this act shall be con- 
 
 sidered to apply to the officers of such districts as are established 
 bv this act. 
 
SCHOOL LAWS OF OREGON. A\ 
 
 TITLE X. 
 
 OP NORMAL SCHOOLS. 
 
 [N. B. — The normal school at Ashland, in Jackson county, was oct.26,1882. 
 
 established by the act of the legislative assembly approved October 
 26, 1882, this act being the first law passed in this ytate on the sub- 
 ject of normal schools. The normal school at Drain, in Dougla.s 
 county, was established by the act approved February 0, 1885, and 
 the normal school at The Dalles, in Wasco county, was established 
 by the act approved February 25, 1889. As these acts are all identical 
 in their provisions, except as to the name of the school in each act, it 
 is deemed sufficient for the purposes of this compilation to consoli- 
 date them all in one title as one law for the sake of conciseness.] 
 
 Section 91. The Ashland college and normal school at Ashland, 
 Jackson county, Oregon; the Oregon normal school at Drain, in 
 Douglas county, Oregon, and the normal school of the Wasco 
 Independent academy, at The Dalles, Oregon, are hereby declared 
 to be State normal schools of the State of. Oregon. 
 
 Section 92. The control of said normal schools shall remain iwd. 
 
 vested in the board of trustees which now have control of the ^v ho u> control, 
 above-named institutions. 
 Section 93. The course of study to be pursued in the said State ibid. 
 
 normal schools shall be prescribed by the joint action of the State Course of 
 
 , , , , study, diplo- 
 
 board of education with the president of the said normal schools; mas, etc. 
 
 and persons who complete the required course of study and pass 
 
 such examination thereon as may be approved by the State board 
 
 of education shall be entitled to receive a State diploma, as is now 
 
 authorized by law, and after six years of successful teaching in the 
 
 State of Oregon shall be entitled to the State Ufe diploma, as 
 
 now provided by law; provided^ such persons shall not receive Proviso. 
 
 State diplomas as aforesaid unless they are over twenty-one years 
 
 of age, or, if females, eighteen years of age, and have attended one 
 
 of the aforesaid normal schools for a period of not less than one 
 
 year, and have paid the required fee for said diploma. 
 
 Section 94. The rules and regulations for the disciphne in said ibid. 
 
 normal schools shall be prescribed by the faculty of each school ^'jjb^ by the 
 respectively, subject to the approval of the State board of education, faculty, p. 1263. 
 
 Section 95. The board of trustees may extend the course of jbid. 
 
 study so as to include the branches of a college course and confer course of study 
 
 mftv be ex- 
 degrees in the same; but no such work shall be allowed to conflict tended, p. laes. 
 
 with the proper work of the normal school. 
 
48 
 
 SCHOOL LAWS OF OREGON. 
 
 Oct. 26, 1882. Section 96. Model training schools for professional practice in 
 
 Model training teaching shall be maintained in those normal schools, and all 
 
 schools to be ° ' 
 
 maintained, normal students may have the privilege of training in the same. 
 
 p. 1263. 
 
 TITLE XII. 
 
 INSTITUTE FOR THE BLIND. 
 
 Oct. 21, 1876. §2, 
 
 Board of trus- 
 tees, duties of, 
 p. 1267. 
 
 Section 97. The State board of education are hereby constituted 
 the board of trustees of said institute, and it shall be their duty as 
 such trustees to take charge of the funds of the institute ; to pro- 
 vide for the proper care of the pupils ; to appoint all oflQcers and 
 teachers, and define the duties of the same ; to fix and regulate 
 the salaries of all persons employed by them, and to make a full 
 statement of the expenses, management, and condition of the 
 institute at each regular session of the legislative assembly. 
 
 Section 98, All blind persons who are residents of the State, of 
 sound mind and in good health, shall be entitled to free education 
 at the institute for a period of not more than two years, and the 
 board shall further have authority to allow pupils, for special 
 reasons, to remain for a longer period than two years. Blind per- 
 sons not residents of this State, who are of sound mind and in 
 
 Non-residents good health, may be received as pupils on the payment of two 
 
 may be re- 
 
 ceived, when, hundred and fifty dollars, gold coin, annually, in advance. 
 
 Ibid. 
 
 Who entitled 
 to free educa- 
 tion, p. 1267. 
 
 TITLE XIII. 
 
 OF STATE LANDS. 
 
 AN ACT for the Selection and Sale of State Lands Remaining Unsold. 
 
 Be it enacted by the Legislative Assembly of the State of Oregon: 
 
 feb.2 1,is87. Section 1. The Governor, Secretary of State, and State Treas- 
 
 dSeSed\^o"sen ^^'®^' ^^ ^ board of commissioners for the sale of school and uni- 
 
 state lands. versity lands and for the investment of the funds arising therefrom, 
 
 are hereby authorized and required to sell the remaining unsold 
 
 school, university, and capitol building lands, also lands granted 
 
 » to the State by the United States adjoining salt springs, and lands 
 
 granted to the State for the purposes of internal improvements 
 
 which have been or may hereafter be selected, at the uniform price 
 
 of one dollar and twenty-five cents per acre, and the agricultural 
 
 college lands at two dollars and fifty cents per acre in quantities 
 
 not exceeding three hundred and twenty acres, to any one person. 
 
SCHOOL LAWS OF OREGON. 49 
 
 Section 2. When any person desires to purchase any of the feb,21.i887. 
 lands of this State mentioned in section 1 of this act, he shall file Form otTmii- 
 an application therefor with the said board of commi8sioner[8], 
 which application shall contain a precise description of the land 
 applied for, according to the United States survey thereof, and be 
 accompanied by the affidavit of the applicant taken before some 
 notary public or county clerk, to the effect that he is over 18 years 
 of age, and is a citizen of the United States, or has declared his 
 intention to become such, and a resident of this State; that he has 
 not directly or indirectly made any previous purchase of land from 
 this State, or any for him which, together with the land described 
 in the application, exceeds three hundred and twenty acres; that 
 the proposed purchase is for his own benefit and not for the pur- 
 pose of speculation ; that he has made no contract or agreement, 
 expressed or implied, for the sale or disposition of the land applied 
 for in case he is permitted to purchase the same, and that there is 
 no valid adverse claim thereto by any actual settler. 
 
 Section 3. When any such application is filed for the purchase ibid. 
 
 of land, to be selected in lieu of the sixteenth or thirty -sixth sec- Selection of 
 
 ' lieu lands, 
 
 tions, or to compensate for deficiency of school land in fractional p. 1571. 
 
 townships, the said application shall state the sixteenth or. thirty- 
 sixth sections of fractional township, in lieu of which the land is 
 to be taken, and the land commissioner shall thereupon select the 
 said land in the proper land office in the manner prescribed by 
 the laws of the United States, and when said selection shall be 
 accepted by the register of said land office, the clerk of the board 
 of land commissioners shall notify the said applicant to pay the 
 purchase price of said land within sixty days from the date of such 
 notice, in the manner and on the terms now provided by law, and 
 if said applicant shall fail to make such payment as aforesaid the 
 land shall be subject to the claim of the next legal applicant. 
 Section 4. This act shall take effect ffom and after its passage, ibid. 
 
 but nothing herein contained shall be construed to reduce ^-^^ Price^ofre^^ 
 price of any State land heretofore sold by the board of land com- p. 1572, 
 missioners, which shall revert to the State by reason of the non- 
 payment of the balance of the purchase money or interest thereon. 
 
 [Section 21, page 50, Laws of 1878.] 
 Section 21. Ten per centum of all moneys hereafter received irreducible 
 from the sale of swamp, overflowed, and tide lands which have p. 1269. 
 been granted to the State of Oregon by the congress of Ihe United 
 4 
 
50 SCHOOL LAWS OF OREGON. 
 
 Same subject. States shall be appropriated to and become a part of the irreducible 
 common school fund of the State of Oregon, the interest of which 
 shall be annually divided among the several school districts of said 
 State, according to the laws made and provided in the statutes of 
 said State. 
 
 [Section 28, page 52, Laws of 1878.] 
 Security in Section 28. The board may, in their discretion, demand the 
 
 of^und^^^^272 services of any county oflftcer in any business relating to the State 
 lands and funds loaned in his county, and the county treasurer 
 shall, if so required, receive, receipt for, and safely keep separate 
 any school, university, or agricultural college funds, or notes and 
 securities for such funds, subject to the order of the board, and, if 
 so required, act as the general agent of the board in his county. 
 The board shall, before entrusting any of the money or securities 
 belonging to any of the funds of this State under the control or 
 charge of any person or oflScer, require such person or officer to 
 give an undertaking to the State of Oregon in such sum as they 
 may deem necessary, not less than five thousand dollars, condi- 
 tioned that he will receive, safely keep, and pay over, as directed 
 by the board, all moneys and securities that shall come into his 
 hands as agent of such board. 
 
 [ Section 29, page 53, Laws of 1878.] 
 
 Agents of Section 29. School superintendents, on being furnished by the 
 
 board, p. 1272. j^q^j.^ V7\t\i a list of the moneys due in their counties to any of 
 the educational funds of the State, shall be diligent in requiring 
 payment thereof to the board or their agent, as the board may 
 direct. County treasurers and other agents of the board shall 
 receive one half of one per cent for receiving and keeping and 
 one half of one per cent for disbursing all moneys received by them 
 as agents of the board. 
 
 AN ACT to amend an Act entitled "An Act Declaring what shall Constitute the 
 Irreducible School Fund of this State, and to Provide for its Investments,"^ 
 approved February 21, 1887, and to Repeal Section 2722 of Hill's Annotated 
 Laws of Oregon. 
 
 Be it enacted by the Legislative Assembly of the State of Oregon: 
 Feb. 21, 1891. Section 1. That section 1 of an act entitled "An act declaring 
 what shall constitute the irreducible school fund of this State, and 
 to provide for its investments," approved February 21, 1887, be 
 amended so as to read as follows: 
 
SCHOOL LAWS OF OREGON. 51 
 
 Sec. 1. The irreducible school fund of this State shall be com- FEB.2i,i«ei, 
 posed of the proceeds of the sales of the sixteenth and thirty-sixth 
 sections of every township in this State, or of any lands selected 
 in lieu thereof; all the moneys and clear proceeds of all property 
 which may accrue to the State by escheat or forfeiture; all moneys 
 which may be paid as exemption from military duty; the proceeds 
 of all gifts, devises, and bequests, made by any person to the State 
 for common school purposes; the proceeds of all property granted 
 to the State v, hen the purpose of such grant shall not be stated; all 
 the proceeds of the five hundred thousand acres of land to which 
 this State is entitled by the provisions of an act of congress entitled 
 "An act to appropriate the proceeds of the sales of the public lands 
 and to grant preemption rights," approved September 4, 1841; and 
 all the proceeds as aforesaid shall be set apart as a separate and 
 irreducible fund, to be called the common school fund, the interest 
 of which shall be exclusively applied to the support and mainte- 
 nance of common schools in each school district in this State, and 
 the purchase of suitable libraries and apparatus therefor; provided^ 
 howeoer^ that all lawful claims for the repaj^meut of moneys out 
 of escheated estates and for attorney's fees and other expenses in 
 any suit or proceeding relating to escheated estates shall be audited 
 and approved by the board of commissioners for the management 
 of said school fund, and shall be paid out of such fund. 
 
 Section 2. That section 2 of the above-entitled act, approved 
 February 21, 1887, be amended so as to read as follows: 
 
 Sec. 2. It shall be the duty of the Governor, the Secretary of 
 State, and the State Treasurer, as a board of commissioners for the 
 sale of school and university lands, and for the investment of 
 the funds arising therefrom, to lend the said fund, in the manner 
 now provided by law, at a no less rate of interest than 7 per cent 
 per annuna. The board shall, on the first day of August of each 
 year, and oftener if deemed advisable, distribute the interest on 
 hand arising from the irreducible school fund among the several 
 counties of this State in proportion to the number of children res- 
 ident therein between the ages of four and twenty years; and said 
 board is hereby empowered and authorized to make such rules and 
 regulations in relation to such distribution as they may deem nec- 
 essary to secure a just distribution of such interest. The amount 
 apportioned to each county shall be placed in the custody of the 
 county treasurer, who shall report the same to the county superin- 
 tendent of common schools for distribution among the several 
 school districts of his county. 
 
52 SCHOOL LAWS OF OREGON 
 
 Feb. 21, 1891. Sections. That section 2722 of Hill's annotated aws of Oregon 
 be and the same is hereby repealed. 
 
 Section 4. Outstanding warrants drawn against the escheat 
 fund shall be paid on demand out of the irreducible or common 
 school fund. There being urgent necessity therefor, this act shall 
 take effect and be in force immediately upon its approval by the 
 Governor. 
 
 Section 5. All warrants drawn on the State Treasurer by the 
 Secretary of State by order of court, as authorized in section 3141 
 of title I. of chapter XXV. of Hill's code, shall be made payable 
 out of the common school fund principal. 
 
 AN ACT to Encourage More Thorough Preparation of Teachers for Public School 
 Work in the State of Oregon. 
 
 Beit enacted by the Legislative Assembly of the State of Oregon : 
 
 Feb. 20, 1891. That all persons who shall complete a required course of study 
 and receive a literary degree therefor in any institution of learning 
 of collegiate or university grade, chartered or incorporated under 
 the laws of this State, and shall have passed such examination 
 thereon as may be designated and approved by the State board of 
 education, shall be entitled to receive a State diploma, as is now 
 authorized by law, and after six years of successful teaching in the 
 State of Oregon, shall be entitled to the State life diploma, as now 
 provided by law, when they shall have paid the required fees for 
 said diplomas. 
 
 AN ACT to Increase the Efficiency of Special Schools for the Education of 
 Defective and Afflicted Children in the State of Oregon. 
 
 Be it enacted by the Legislative Assembly of the State of Oregon: 
 
 Feb. 21, 1891. Section 1. It shall be the duty of the clerks of all school dis- 
 tricts in the State of Oregon to report to the school superintendents 
 of their respective counties the names of all deaf, mute, or blind 
 youth residing within their districts who are between the ages of 
 six and fourteen years. 
 
 Section 2. It shall be the duty of each county school superin- 
 tendent to make a full and specific report of such youth to the 
 county commissioners of his county at the first regular meeting of 
 said commissioners held after the first Monday of April in each 
 year. He shall also, at the same time, transmit a duplicate copy 
 of said report to the superintendent of the school for deaf-mutes, 
 and to the superintendent of the school for the blind at Salem, 
 Oregon. 
 
SCHOOL LAWS OF OREGON. 53 
 
 Section 3. Immediately on the receipt of said duplicate reporta, fkb. 21.1891 . 
 it shall be the duty of the superintendents of said schools for the 
 deaf or the blind, as the case may be, to furnish each and every 
 parent or guardian of any deaf-mute or blind person of school age 
 with all necessary information and blanks necessary to secure 
 admission to said institution. 
 
 Section 4. If it appear to the satisfaction of the county com- 
 missioner that the parents of any such deaf or blind youth within 
 their county are unable to bear the traveling expenses of sending 
 him or her to said State school, or to furnish necessary clothing, it 
 shall then be the duty of such commissioners to furnish the cloth- 
 ing and send him or her to such school at the expense of the 
 county, the parent or guardian of such child consenting thereto. 
 
 AN ACT for the Appointment of Regents for the State Normal School at 
 Monmouth, and lo Prescribe their Duties. 
 
 Be it enacted hy the Legislative Assembly of the State of Oregon: 
 
 Section 1. The general government, superintendence, and direc- Feb. 21. 1893. 
 tion of the normal school of the State of Oregon, at Monmouth, 
 is hereby vested in a board of regents, to be known as "The board 
 of regents of the normal school of the State of Oregon," which 
 board shall be composed of twelve persons, and of which the State 
 board of education shall be ex officio members. The other nine 
 members of the board shall be appointed by the Governor, by and 
 with the advice and consent of the senate. Such appointed mem- 
 bers shall hold oflBce as follows : Three of them shall go out of 
 office at the end of the second year, three of them at the end of 
 the fourth year, and the remaining three at the end of the sixth 
 year from the time of the first appointment, the names of those to 
 leave office to be determined by the Governor at the time of their 
 appointment. Thereafter every person appointed shall serve for 
 the full period of six years, or until their successors are appointed 
 and qualified. All vacancies occurring in said board by death, 
 resignation, or otherwise during the recess of the senate shall be 
 filled by appointment by the Governor until the next meeting of 
 the legislature, or until their successors are appointed and qualified. 
 
 Section 2. The board of regents shall elect one of their number 
 president, whose duty it shall be to preside at all meetings of the 
 board, to call special meetings of the same upon the written request 
 of three members thereof, and to perform such other duties as may 
 be provided for by law or prescribed by the board. If the president 
 shall be absent from any meeting of the board, the members present. 
 
54 SCHOOL LAWS OF OREGON. 
 
 Feb,21,189]L_ if a quorum, may elect one of their number president pro tern., 
 who shall thereupon perform the duties of president during said 
 meeting. 
 
 Section 3. The board of regents shall elect a secretary and treas- 
 urer for the normal school, who shall keep their offices in Mon- 
 mouth, and who shall serve for a period of two years, or until their 
 successors shall be duly elected and qualified. They shall respect- 
 ively perform such duties as the board may direct. They shall 
 each give a bond to the board for the faithful performance of their 
 duties in such amount and w^ith such sureties as the board may 
 direct, to be approved by the board. 
 
 Section 4. The board of regents shall receive from the State 
 normal school association a deed to the premises now used and 
 occupied by the State normal school at Monmouth, which deed 
 they shall have duly recorded ; and they shall hold said premises 
 in trust for the State of Oregon for normal school purposes. 
 
 Section 5. The board of regents shall meet annually at Mon- 
 mouth on the last Tuesday of each school year, which meeting 
 shall be known and styled as the regular or annual meeting of the 
 board. This meeting may adjourn from day to day when in the 
 judgment of the regents such adjournment is necessary to promote 
 the discharge of their duties and the interests of the school ; but 
 no special meeting of the board shall be called by the president 
 except upon a written notice to each member of the board of the 
 time and place of such meeting; said notice to be served by the 
 president delivering the same personally to each member, or by 
 mailing the same to the postoffice address of such member not less 
 than ten days before the time appointed for such meeting. 
 
 Section 6. The general powders and duties of the board of regents 
 shall be, — 
 
 First— To receive by gift, bequest, appropriation, or otherwise, 
 real or personal estate, money or other property, for and in behalf 
 of the State normal school. 
 
 Second — To control and provide for, subject to the conditions 
 herein named, the custody and occupation of the State normal 
 school grounds and buildings, and the books, papers, and docu- 
 ments belonging thereto. 
 
 Third — To appropriate, use, or expend moneys belonging to or 
 appropriated for the use and benefit of said State normal school, 
 in such manner as will in their judgment best subserve the inter- 
 ests of said school, and to manage, control, and apply all property, 
 ot whatever nature, which belongs to or may hereafter be earned 
 by, given to, or appropriated for the use, support, or benefit of the 
 
l^aiiOOL LAWS OF OREGON. ^ 
 
 State normal school according to the terms of such gift or appro- feb.21,1891. 
 priation. 
 
 Fourth — To appoint and employ a president and a vice-president 
 of the State normal school, and the requisite number of professors, 
 teachers, and employes, and to prescribe their duties, compensa- 
 tion, and tenure of office or employment. 
 
 Fifth— To demand and receive all moneys appropriated for 
 carrying out the provisions of this act, and all sums due and accru- 
 ing to said normal school for admission and tuition therein, and 
 apply the same, or as much thereof as may be necessary, to pay 
 the compensation aforesaid, and the other current expenses of the 
 school. 
 
 Sixth — To prescribe a fee for admission into said school, to be 
 applied to the payment of incidental expenses, and the rate of 
 tuition therein. 
 
 Seventh — To have, in connection with the president of the 
 school, the general supervision of the course of instruction therein, 
 and to enact rules and bylaws for the government thereof, includ- 
 ing the faculty, teachers, students, and employ6s therein. 
 
 Eighth — To confer diplomas on such persons as the faculty may 
 recommend for graduation, and who shall have passed before the 
 State board of [education], or some person or persons appointed 
 by said board to conduct such examination in Monmouth, a satis- 
 factory examination on all the branches of the prescribed course 
 of study and the methods of teaching them; pj'ovided, that per- 
 sons shall have attended the State normal school not less than one 
 year, and have had a successful experience in teaching before 
 receiving a State diploma. The normal school diploma shall be 
 signed by the State board of education, by the president and sec- 
 retary of the board of regents, and by the faculty of the State 
 normal school. All graduates of the State normal school are 
 hereby authorized to teach in any public school in this State. 
 
 Ninth — To prescribe the qualifications for admission into the 
 school; and, 
 
 Tenth —To make rules and bylaws not in conflict w^th the laws 
 of this State for the government of the board of regents. 
 
 Section 7. At all meetings of the board of regents four members 
 shall constitute a quorum, but a less number may adjourn from 
 time to time. The powers and duties of the board may be per- 
 formed during the pleasure of the board by a committee thereof, 
 to be called the executive committee of the board of regents of the 
 Oregon State normal school, with powers and duties as the board 
 may presciibe. 
 
56 SCHOOL LAWS OF OREGON. 
 
 Feb. 21. 1891. Section 8. The regents shall not receive any compensation for 
 their services, but they may be allowed their actual and necessary 
 expenses in attending the meetings of the board, to be paid as 
 current expenses of the school. 
 
 Section 9. At the close of each school year the president of the 
 board of regents, and the president of the faculty, shall jointly 
 make a written report to the Governor of the State, showing the 
 traasactions of the board, the condition, progress, and wants of 
 the school, the number of professors, teachers, and students, and 
 such other information as may be deemed of importance, of which 
 reports a sufficient number shall be printed by the State Printer 
 for gratuitous distribution throughout the State. 
 
 Section 10. Inasmuch as the board of regents provided for in 
 this act should take immediate control of said State normal school, 
 this act shall take effect and be in force from and after the approval 
 of the Governor. 
 
 Section 11. Each order upon the^tate Treasurer by the board 
 of regents of said normal school must \e signod by the president 
 of the board, and countersigned by thfe secretary. Upon presen- 
 tation of the said order aforesaid, signed and countersigned as 
 aforesaid, the Secretary of State must draw his warrant in favor 
 of the board of regents of said school for any moneys or part 
 thereof appropriated and set apart for the support of said normal 
 school, and the Treasurer must pay said warrant on presentation. 
 
 AN ACT to amend an Act entitled au Act Providing for the Establishment of State 
 Normal Schools in Oregon, approved October 26, 1882; also an Act entitled an 
 Act to amend an Act entitled an Act Providing for the Establishment of State 
 Normal Schools in Oregon, approved February 26, 1885, 
 
 Be it enacted by the Legislative Assembly of the State of Oregon : 
 
 Feb. 20, 1893. Section 1. The act of the legislative assembly of the State of 
 Oregon, entitled an act providing for the establishment of a State 
 normal school at Weston, in Umatilla county, Oregon, approved 
 February 26, 1885, be and the same is hereby amended to read as 
 follows:— 
 
 Section 2. That said normal school is hereby created and estab- 
 lished upon the terms and conditions hereinafter mentioned and 
 provided in this act. The school is hereby permanently located at 
 Weston, Oregon. 
 
 Section 3. For the government of said State normal school and 
 to carry out the objects of its creation, there is hereby created a 
 board of seven regents, to be known as the board of Eastern Oregon 
 State normal school regents. The members of this board shall be 
 
SCHOOL LAWS OF OREGON. 57 
 
 appointed by the Governor within thirty' days after this act takes Feb. 20, 1898. 
 effect, and their term of office shall commence on the first Monday 
 in April, 1893. Of the seven regents so appointed, two shall hold 
 office for two years, two for four yeare, and three for six years, and 
 until their successors are appointed and qualified. 
 
 Section 4. Not more than four members of this board of regento 
 at any time shall belong to the same political party. The term of 
 service of each member first appointed under this act shall be de- 
 termined by lot among them. After the first appointment mem- 
 bers shall hold office for the full term of six years, and until their 
 successors are appointed and quaUfied, unless to fill a vacancy, in 
 which case they shall hold office for the remainder of the unex- 
 pired term. 
 
 Section 5. The said board of normal school regents and their 
 successors in office are hereby constituted a body corporate with 
 full power to accomplish the objects and perform the duties pre- 
 scribed by them, but shall not buy or sell real estate, mortgage, or 
 in any way dispose of the same, nor borrow nor loan money with- 
 out express authority from the legislature of the State of Oregon ; 
 and all moneys received by them from tuition fees or otherwise, 
 as such regents, shall be paid by them to the treasurer of the 
 board, and be accounted for in each annual report. 
 
 Section 6. The officers of the board shall be a president, a sec- 
 retary, and a treasurer, who shall severally hold office for the term 
 of one year, and until their successors are elected and qualified. 
 They shall be elected by the board at their annual meeting, and 
 shall perform the duties incidental to their several offices, and such 
 other duties as may be prescribed by the board. In the absence of 
 the president, any member of the board may be elected president 
 pro tempore. The secretary and the treasurer may be chosen from 
 the members or otherwise, as the board may direct, but in either 
 case the treasurer, before entering upon the duties of his office, 
 shall execute to the State of Oregon a good and sufficient bond in 
 
 the sum of thousand dollars, conditional upon the faithful 
 
 discharge of his duties, said bond to be approved by the president 
 of the board and the governor of the State of Oregon. 
 
 Section 7. The said board shall hold an annual meeting in the 
 normal school building on the last Wednesday in May of each 
 year, or at such other time as they may hereafter designate. 
 Special meetings may be called by the governor or the president of 
 the board on a petition for that purpose signed by any four mem- 
 bers of the board. A majority of the board of regents shall con- 
 stitute a quorum for the transaction of business, but a less number 
 
58 . SCHOOL LAWS OF OREGON. 
 
 Feb. 20, 1893. may meet and adjourn from time to time. Any member of the 
 board may be removed by the governor, or by a majority vote of 
 the board of regents, after reasonable notice, for cause. 
 
 Section 8. No member of the board of normal school regents 
 shall receive any salary or fees for his services, with the exception 
 of traveling expenses to and from each board meeting. The secre- 
 tary may be allowed a compensation of not to exceed two hundred 
 dollars per annum, and the treasurer not to exceed one hundred 
 dollars per annum, to be paid as the other salaries are paid. 
 
 Section 9. All payments by the board of regents for teachers' 
 salaries, or salaries of secretary and treasurer, or for apparatus, fur- 
 niture, or incidental expenses and disbursements of every sort, 
 shall be made by the treasurer of the board in accordance with 
 accounts duly audited by the board or a committee thereof, and 
 upon a warrant of the secretary of the board, countersigned by 
 the president of the boarcT. And in case of a gift, or donation, or 
 receipt of money from any source, nd^uch warrant shall be issued 
 until the sums so received have been paid to the tresisurer of the 
 board, nor in any case until the work be done, or article furnished, 
 or consideration received entitling the applicant to such warrant, 
 according to previous contract with said board of regents, or their 
 authorized agents, for that purpose. 
 
 Section 10. The purpose and object of this normal school shall 
 be the instruction and training of persons, both male and female, 
 in the theory and art of teaching, and in all branches necessary to 
 thorough preparation for teaching in the common schools in the 
 State of Oregon, also to give instruction in the fundamental laws 
 of the United States and of this State in what regards the rights 
 and duties of a good citizen. 
 
 Section 11. The board of regents may establish a model school 
 for practice in teaching in connection with the normal school 
 work, and make all the regulations necessary to govern and sup- 
 port the same ; and they may in their discretion admit pupils to 
 such model school free of charge. 
 
 Section 12. The general duties and powers of the board of 
 regents shall be, — 
 
 1. To make, in connection with the president of the faculty, 
 rules, regulations, and bylaws for the government of the school 
 and each department of the same. 
 
 2. To appoint a president and vice-president, and other teachers 
 and officers, and to employ such persons as may be required for 
 said school, and to fix the salary and tenure of office or employ- 
 
SCHOOL LAWS OF OREGON. 59 
 
 ment of each person so appointed or employed, and to prescribe Fbb. 20, 189S. 
 their several duties. 
 
 3. To purchase any needful or proper apparatus, books, or arti- 
 cles, and to provide for all necessary fuel and other supplies for use 
 in the school. 
 
 4. To prescribe, in connection with the president of the school, 
 the course of study and the various books to be used in the school. 
 
 5. To cause notice to be given of the opening of the school and 
 the various terms thereof. 
 
 6. To prescribe rules and regulations for the admission of 
 students, and to require any applicant for admission, other than 
 such as prior to admission shall sign and file with said board a 
 declaration of intention to follow the business of teaching in the 
 common schools of the state of Oregon, to pay or to secure to be 
 paid such fees for tuition as the board may deem reasonable. 
 
 7. To confer by bylaws upon the president of the school the 
 power to suspend, expel, or otherwise punish students for miscon- 
 duct or other cause prescribed in such bylaws. 
 
 8. To confer diplomas on such persons as the faculty may rec- 
 ommend for graduation, and who shall have passed before the 
 State board of education, or some person or persons appointed by 
 said board to conduct such examination in Weston, a satisfactory 
 examination on all the branches of the prescribed course of study 
 and the methods of teaching them; provided, that said persons 
 shall have attended this normal school not less than one year and 
 have had a successful experience in teaching. The normal school 
 diploma shall be signed by the State board of education, by the 
 president and secretary of the board of regents, and by the faculty 
 of said normal school. All graduates of said normal school are 
 hereby authorized to teach in any public school in this State for a 
 period of six years, and after five years of successful teaching in thg 
 State of Oregon shall be entitled to a State life diploma. 
 
 Section 13. For the support of said normal school there is 
 hereby appropriated from the general fund of the State the sum of 
 twenty-four thousand dollars, to be drawn as follows : On the first 
 Monday in April, 1893, and quarterly thereafter, the Secretary of 
 State shall transmit to the treasurer of the board of regents a 
 warrant for one eighth of the amount appropriated by the legisla- 
 ture. The treasurer of the board of regents shall hold all moneys, 
 whether received as above or from any other source, and pay out 
 the same only on orders from the secretary of the board of regents, 
 countersigned by the president of the board of regents. 
 
60 SCMOOL LAWS OF OREGON. 
 
 Feb. 20, 1893. Section 14. The foregoing provisions of this act are expressly 
 conditioned that the said normal school at Weston shall be deemed 
 established, and the powers and privileges herein defined are 
 granted upon the complete transfer by warrantee deed of the 
 normal school building at Weston, said conveyance to include all 
 the real estate belonging to said school, also the transfer of all 
 personal property belonging thereto, said conveyance to be ap- 
 proved by the Governor of the State of Oregon. 
 
 Section 15. All acts and parts of acts heretofore passed by the 
 legislative assembly of the State of Oregon inconsistent with this 
 act are hereby repealed. 
 
 Section 16. Inasmuch as the present law is wholly insufficient 
 to meet the increasing demands of the present normal school at 
 Weston, and does not subserve the interest of education in that 
 part of the State, this act shall be in force from and after its 
 approval by the Governor. 
 
 AN ACT 10 authorize County Judges and Clerks of School Districts to Bid in 
 Property Sold for Taxes. 
 
 Be it enacted by the Legislative Assembly of the State of Oregon : 
 
 Feb. 20, 1893. That the county judge of each county in this State and the clerk 
 
 of every school district is hereby empowered and authorized, at 
 
 any legal sale of land for taxes in his county, to bid for and in 
 
 behalf of the county or school district the amount of taxes and 
 
 costs that are charged against such land or parcel thereof ; and if 
 
 there be no higher and better bidder, such land shall be sold to 
 
 and become the property of the county or school district, subject 
 
 to redemption as provided by law. 
 
 AN ACT to enable Women to hold Educational Offices within the State of Oregon. 
 Be it enacted by the Legislative Assembly of the State of Oregon : 
 Fe b. 20, 1893. Section 1. Women over the age of twenty-one years, who are 
 citizens of the United States and of this State, shall be eligible to 
 all educational offices within the State. 
 
 Section 2. All acts and parts of acts in conflict with this act are 
 hereby repealed. 
 
 AN ACT to Establish a Graded School in Southeastern Oregon, and to Appropriate 
 Money therefor. 
 
 Feb. 22, 1893. Whereas there has never been an appropriation for a graded 
 
 school east of the Cascade mountains ; and whereas there is no 
 
 school in Southeastern Oregon where any of the higher branches 
 
SCHOOL LAWS OF OREGON. 61 
 
 are taught, and owing to the great distance from other schools FgB.2a.iW8. 
 
 maintained by the State, and that the obtaining of any knowledge 
 
 of the higher branches of education is attended with great expense 
 
 to those living in Southeastern Oregon ; therefore. 
 
 Be it enacted by-the Legislative Assembly of the State of Oregon: 
 
 Section 1. That there is hereby appropriated out of the general 
 fund of the State of Oregon the sum of five thousand dollars 
 ($5,000), to be used in establishing and maintaining a higher 
 course of study in a graded school to be established in Lakeview, 
 Lake county, Oregon, in the manner as hereinafter provided. 
 
 Section 2. That the directors of said graded school shall give a 
 bond, to be approved by the Secretary of State, in the sum of ten 
 thousand dollars (110,000), conditional that if said directors shall 
 well and truly comply with the provisions of this act, and shall 
 use said money so appropriated in the manner and for the purpose 
 in this act provided, then said bond shall be void, otherwise to 
 remain in full force and effect. Upon the presentation and appro- 
 val of said bond, the Secretary of State shall issue his warrant upon 
 the general fund for the sum of five thousand dollars, payable to 
 the chairman of the board of directors of said graded school. 
 
 Section 3. Three hundred dollars of the money hereby appro- 
 propriated shall be used by said board of directors in purchasing 
 apparatus for said school, and the remainder shall be used exclu- 
 sively in payment of salaries of teachers in the higher grades of . . 
 said school. 
 
 Section 4. The following branches shall be taught in the higher 
 grades of said school during the entire time that the money hereby 
 appropriated is used in payment of salaries of teachers aforesaid, 
 to wit: Higher Arithmetic, Algebra, Geometry, Political Economy, 
 Rhetoric, Theory and Practice of Teaching, and such other studies 
 as the directors of said school shall deem proper. 
 
 Section 5. No part of the money hereby appropriated shall be 
 paid to the directors of said graded school until there is constructed 
 a school building sufficient to accommodate two hundred^ students, 
 and which shall have been constructed at a cost of not less than 
 twelve thousand dollars. The evidence of these facts shall be the 
 affidavit of the chairman of the board of directors filed with the 
 Secretary of State; and upon the filing of such affidavit, the Secre- 
 tary of State shall draw his warrant upon the State Treasurer in 
 favor of the chairman of the board of directors of Lakeview school 
 for the sum hereby appropriated. 
 
52 SCHOOL LAWS OF OREGON. 
 
 AN ACT to Secure a more Convenient Mode of making Assessments and of Collect- 
 ing and Paying Taxes, and to amend Section 2794 of the General Laws of 
 Oregon, as compiled by W. Lair Hill. 
 
 Be it enacted by the Legislative Assembly of the State of Oregon : 
 
 Fe b. 21, 1893. Section 1. That in the assessment and tax roljs of the several 
 counties, in addition to the columns elsewhere provided for, there 
 shall be added four columns, one of which shall be headed 
 *' Cities," one "School Districts," one ** Amount City Tax," and 
 one ''Amount School District Tax"; and it shall be the duty of 
 the several county assessors in making their assessments, to enter 
 opposite each item of property assessed^in its appropriate column, 
 the name of the city or incorporated town, and the number of the 
 school district in which each item of property assessed is assessable. 
 
 Section 2. That »in preparing the tax rolls in the several coun- 
 ties, after the several assessments therein have been finally equal- 
 ized and the State board of equalization, it shall be the duty of the 
 clerks of the county courts in the several counties to compute the 
 aggregate value of all the assessable pr(^erty in each of the incor- 
 porated towns or cities, and in each of the several school districts 
 in each county, and to compile the same upon a page or pages of 
 the tax roll in each county, showing the names of the incorporated 
 towns or cities arranged alphabetically, and the numbers of the 
 school districts arranged consecutively, with the aggregate valua- 
 tion of the assessable property in each town or city, and of each 
 school district shown opposite to the name or number thereof 
 respectively. 
 
 Section 3. That all the taxes hereafter levied by any school 
 district or incorporated town or city shall be levied upon the 
 property therein respectively assessable upon the valuation of such 
 . property as shown by the assessment roll last compiled before said 
 levy is made in the county in which such school district or incor- 
 porated town or city is included ; and it shall be the duty of the 
 clerk of the county court in each of the several counties, upon 
 application of the clerk or board of school directors of any school 
 district, apd of the recorder, auditor, or clerk, or common council, 
 board of directors or trustees of any incorporated town or city, to 
 furnish a certificate, under the seal of the county court, showing 
 the aggregate valuation of the assessable property in the school 
 district or incorporated town or city from which such application 
 shall have been made. 
 
 Section 4. It shall be the duty of each school district and of 
 each incorporated town and city to notify, in writing, the clerk of 
 the county court in the county within which the school district, 
 
SCHOOL LAWS OF OREGON, « 
 
 town, or city is respectively situate, of the rate per cent of the tax F eb. 21. 18 93. 
 levy made by it on or before the first day of February in each 
 year, which notice shall be kept on file by the several clerks, and 
 remain a part of the records of the office. 
 
 Section S. After all the notices provided for in the last preceding 
 section shall have been received by the several clerks of the county 
 courts, it shall be the duty of said clerks to compute upon the levy 
 made the tax upon the property on each individual assessed in any 
 school district, town or city, and to extend the same by entering 
 the aggregate tax of each individual in the appropriate columns 
 opposite the last item of property assessed to such individual. 
 
 Section 6. That all such taxes shall be collected by the same 
 officer, in the same manner, and at the same time as taxes for 
 county purposes are collected. That it shall be the duty of the 
 tax collector to pay to the county treasurerin his county as often 
 as once each week all taxes collected, and he shall inform the 
 treasurer whenever he paj'^s over to him any of the money so col- 
 lected, what amounts thereof are to be credited to the several funds 
 for which they are respectively collected, taking the receipt of the 
 treasurer in triplicate for the amount paid into each fund, one of 
 which receipts for each fund he shall retain, file one with the 
 clerk of the county court, and furnish one to the school district, 
 town, or city for which each of such amounts are so paid in. 
 
 Section 7. The treasurer shall keep the moneys received from 
 the tax collector in separate funds, and shall pay the same over to 
 the several school districts, towns, or cities upon demand made by 
 them the amounts thereof to which they are respectively entitled, 
 taking their receipts therefor. 
 
 Section 8. That section 2794 of the general laws of Oregon, as 
 compiled and annotated by William Lair Hill, be, and the same is 
 hereby amended to read as follows : — 
 
 Sec. 2794. The county clerk of each county within this State 
 shall within fifteen days after the apportionment of taxes make a 
 certificate of the several amounts apportioned to be assessed upon 
 the taxable property in his county for State, county, general and 
 special school, military, university, and town, city, or other pur- 
 poses for which a tax may have been legally levied, and deliver 
 the same to the sheriff of the county, together with a transcript of 
 the assessment roll, to which shall be attached a warrant in the 
 name of the State of Oregon, under his hand and the seal of the 
 county court, commanding the sheriff to collect the taxes charged 
 in such list, and to make the same by sale of the goods and chat- 
 tels of the respective persons named in such list, if necessary ; and 
 
64 SCHOOL LAWS OF OREGON. 
 
 Feb. 21, 1893^ that he pay over all money collected by him by virtue of such 
 warrant to the county treasurer and return such warrant, together 
 with the list aforesaid, and entries thereon of all payments to him 
 to the county court on or before the first Monday of April next 
 ensuing the date thereof; provided^ the sheriff, before entering on 
 the duties of collection of taxes, shall execute an additional bond 
 in such sum as the county court of the county may direct. 
 
 Section 9. That all laws providing for assessors in or assess- 
 ments of property by any school district, incorporated town, or 
 city, and all laws in conflict herewith be and the same are hereby 
 repealed. Inasmuch as it is necessary the changes provided for in 
 this act shall be made as soon as possible, this act shall take effect 
 from and after its approval by the Governor, 
 
Appendix. 
 
 Containing Rules and Regulations for the Government of School Officers; 
 Blank Forms for the use of School Districts and District Officers ; 
 Constitution of Oregon; Normal Institute Programme; Sug- 
 gestions for the use of School Officers, Etc, 
 
RULES AND REGULATIONS. 
 
 CHAPTER II. 
 
 Rules and regulations for the government of public schools and school 
 officers in Oregon, made in pursuance of section 17, subdivision 2, of the 
 Oregon school laws, which reads as follows: "The State board shall have 
 power (2) to prescribe a series of rules for the government of public schools 
 that shall secure regularity of attendance, prevent truancy, secure and pro- 
 mote the real interests of the schools." Revised January 3, 1881; January 1, 
 1885; May 2, 1887; September 13, 1889; November 8, 1889. 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 RULE I. 
 
 The Superintendent of Public Instruction shall issue to the several county superintendents, in 
 time for the public examination of teachers, on the second Wednesday of February, May, August, 
 and November of each year, printed lists of uniform questions, prepared by the State board of 
 examination for use at those examinations, in accordance with the rules hereinafter prescribed 
 for the government of county superintendents. 
 
 • APPEALS. 
 
 RULE II. 
 
 Any person aggrieved by any decision or order of the district board of directors In any matter 
 of law or of facts (pertaining to his school district) may, within ten days after the rendition of 
 such decision or the making of such order, appeal therefrom to the county superintendent of tlie 
 county ; promded further, that this right of appeal shall be open to all In relation to all school diffi- 
 culties and complications occurring in school districts. 
 
 RULE III. 
 The basis of the proceeding shall be a complaint, filed by the party aggrieved with the county 
 superintendent, within the time for taking the appeal. 
 
 RULE IV. 
 The complaint shall set forth the errors complained of in a plain and concise manner. 
 
 RULE V. 
 
 The county superintendent shall, within ten days after the filing of such complaint in his 
 office, notify the clerk of the proper district, in writing, of the taking of such appeal, and the 
 latter shall, within ten days after being thus notified, file in the office of the county superintend- 
 
68 RULES AND REGULATIONS. 
 
 ent a complete transcript of the record and proceedings relating to the decision complained oi 
 which transcript shall be certified to be correct by the clerk of the district. 
 
 RULE VI. 
 
 After the filing of the transcripts aforesaid in his office, the county superintendent shall notifj 
 
 in writing, all persons adversely interested of the time and place where the matter of appeal wi 
 
 be heard by him. 
 
 RULE VII. 
 
 At the time thus fixed for the hearing, he shall hear and receive testimony for either partj 
 
 and for that purpose may administer oaths if necessary ; and he shall make such decision as ma 
 
 be just and equitable, which shall be final, unless appealed from as provided in the followin 
 
 rule: 
 
 RULE VIII. 
 
 An appeal may be taken from the decision of the county superintendent to the Superintender 
 of Public Instruction, in the same man'ner as provided for taking appeals from the district boar 
 to the county superintendent, as nearly as applicable, except that he shall give twenty day. 
 notice of the appeal to the county .superintendent, and the like notice shall be given the advers 
 party. And the decision when made shall, so far as the school department is concerned, be fina 
 This right of appeal shall apply to all cases, except as hereinafter provided, and in any case ( 
 sufficient importance the Superintendent of Public Instruction may bring the matter before th 
 State board of education for determination. \ 
 
 TEACHERS' EXAMINATIONS. 
 
 RULE IX, 
 
 At the public quarterly examination of teachers provided by law, the county superintender 
 shall use the uniform questions furnished by the State Superintendent, and the signatures of a 
 assisiant examiners shall appear on all certificates issued at these examinations. 
 
 RULE X. 
 
 The county board of education shall hold its regular public quarterly examination of appli 
 cants for teachers' certificates on the second Wednesday of February, May, August, and Novem 
 ber. The hour of opening the session of the board shall be 1 o'clock P. M. 
 
 RULE XL 
 
 All questions for the public quarterly examinations shall be forwarded to each county supei 
 intendent, who shall have exclusive charge of said questions until the examination is commencet 
 and the questions shall not be opened except in the presence of the board of examiners at th 
 time of beginning each public quarterly examination. 
 
 RULE XII. 
 Two (2) members shall constitute a quorum for the transaction of business. 
 
 RULE XIII. 
 Applicants shall not be admitted to the examination who were absent at its opening. 
 
 RULE XIV. 
 
 No applicant shall be allowed to leave the room or communicate with any person during th 
 examination, except by special permission of the president. 
 
 RULE XV. 
 
 All applicants shall begin in a given subject at the same time, and no recess shall be take 
 
 until that .subject is finished. 
 
 RULE XVI. 
 
 A-pplicants are required to answer in complete sentences, as far as practicable. Full credi 
 will be given only when answers are correct in fact and in form. 
 
RULES AND REGULATIONS. 69 
 
 RULE XVII. 
 No applicant shall be permitted to have a textbook in his possession durinu the hours of 
 examination. 
 
 RULE XVIII. 
 
 All applicants must endorse their papers with their number* and the name of the subject and 
 date of examination ; and all entries on the record book kept by the county superintendent for 
 this purpose shall be made on these numbers only. The names of the applicants shall not be 
 entered upon the register until the close of the examination ; but shall, with the number and the 
 name, be entered at the beginning of the examination on blank cards, which shall be kept in a 
 sealed envelope till the close of the examination. 
 
 RULE XIX. 
 
 No member of the board shall communicate to any one the standing of any applicant on any 
 
 study during the examination. 
 
 RULE XX. 
 
 Every applicant, before receiving his certificate, must subscribe to the following : I do hereby 
 certify that prior to this examination I had no knowledge of the questions proposed, and have 
 neither given nor received any aid during the progress of the same. 
 
 RULE XXI. 
 
 In examinations for permits, the county superintendents shall not use the same questions as 
 at the last preceding public examination, but questions of the same grade and number shall be 
 used. 
 
 RULE XXII. 
 
 Examinations of teachers shall in every case be conducted, as far as passible, in writing ; and 
 the questions and answers, endorsed with the candidate's name and the date of the examina- 
 tions, shall be filed in the ofiftce of the county superintendent and kept as a part of its permanent 
 
 records. 
 
 RULE XXIII. 
 
 County superintendents must require all applicants for teachers' certificates, who are not 
 personally known to them to be of good moral character, to present satisfactory written testimo- 
 nials to that effect from two or more persons of respectable standing. Such testimonials shall be 
 filed with the examination papers, and shall remain permanently in the office of the superin- 
 tendent. 
 
 RULE XXIV. 
 
 The county superintendent may revoke any certificate obtained by fraud or misrepresentation 
 
 as to the character of the applicant, or when the holder has been guilty of gross immorality since 
 
 the certificate was granted. But no certificate shall ^e revoked unless the holder shall have been 
 
 duly notified of the charges against him, and shall have had opportunity to defend himself 
 
 against them, nor unless the charges shall have been fully proved ; provided, that in all cases 
 
 where personal acknowledgment of guilt is made by the holder, the certificate may be annulled 
 
 without trial. 
 
 RULE XXV. 
 
 The action of the county superintendent in revoking a certificate because of the immoral con- 
 duct upon the part of the holder, is subject to an appeal to the county board of examiners, sitting 
 for that purpose, and the decision in such case, when reached, shall be final. 
 
 RULE XXVI. 
 
 The county superintendent is hereby authorized to convene the county board of examiners, 
 for the purpose of hearing appeals, conducting public examinations, or for the consideration ol 
 all questions that may advance the best interests of the public schools in his county. The meet- 
 ings of the board shall be held at such time and place in the county as may be deemed most 
 expedient by the county superintendent ; provided, that the public quarterly examinations shall 
 be held as provided in section 25 of the school law. 
 
70 RULES AND REGULATIONS. 
 
 RULE XXVII. 
 
 In any case where a certificate has been revoked as set forth in rule XIV., no certificate shall 
 be granted to the same person in the same county, or in any other county in the State, within 
 three months from date of revocation, unless the decision of the county superintendent in revok- 
 ing the certificate shall have been duly reversed on appeal to the county board of examiners. 
 
 RULE XXVIII. 
 
 In every instance where an appeal is taken from the decision of the county superintendent, 
 the appellant shall give due notice ( in writing ) to the county superintendent of his intention in 
 the premises similarly and within the same time as specified for school district appeals in rule 
 II. Within ten days after such notice has been received, the county superintendent may cause 
 the county board of examiners to be convened for the purpose of hearing the appeal. The 
 county superintendent may require the attendance of the appellant and all important witnesses, 
 in case the same is deemed advisable for the more intelligent and equitable examination of the 
 appeal. Copies of written testimony, aflBdavits, etc., pertaining to the examination of the appeal, 
 shall be kept on file in the oflace of the county superintendent. 
 
 RULE XXIX. 
 
 In case an applicant for a certificate believes that the county superintendent has done him an 
 
 injustice upon examination, he shall have the right to appeal to the Superintendent of Public 
 
 Instruction. In case the applicant intends to appeal to the Superintendent of Public Instruction, 
 
 he shall within ten days after said examination notify the county superintendent, in writing, of 
 
 his intention. Within ten days after such notice, the county superintendent shall transmit to 
 
 the Superintendent of Public Instruction the notice of appeal and the questions used at the 
 
 examination, together with the candidate's answers thereto. All of said papers, except the 
 
 notice of appeal, must be returned to the county superintendent as soon as the appeal is 
 
 determined. 
 
 RULE XXX. 
 
 The Superintendent of Public Instruction shall have the right to grant certificates only upon 
 appeal from county superintendents, and then only in case it appears that the county superin- 
 tendent has done the candidate substantial injustice in the immediate examination and in the 
 grade awarded by him ; provided, that the Superintendent of Public Instruction may require the 
 appellant to pass such additional examination on any or all of the branches upon which the 
 appeal is based as he may deem right and proper in the premises. 
 
 RULE XXXI. 
 
 The Superintendent of Public Instruction, in conjunction with the State board of examiners 
 (or such of them as he may call to his assistance), shall have the right to decide all appeals from 
 county superintendents relative to examinations set forth in rules XXIX. and XXX. No appeals 
 shall be heard unless notice thereof, in writing, shall have been first given to the county superin- 
 tendent by the person appealing, within ten days from the date of the examination, nor unless a 
 copy of such notice shall have been transmitted, with the papers relating to the case, to the Super- 
 intendent of Public Instruction. 
 
 TEACHERS. 
 
 RULE XXXII. 
 
 The teachers in the public schools of the State may dismiss all pupils under eight years of age 
 
 after a four hours' session each day, or, where that is not practicable, may allow to pupils of that 
 
 age recesses of such length that the actual confinement in the schoolroom shall not exceed three 
 
 hours and a half per day. 
 
 RULE XXXIIL 
 
 Teachers shall exercise watchful care and oversight over the conduct and habits of the pupils, 
 not only during school hours, but also at the recesses and intermissions, and while going to and 
 returning from school. 
 
RULES AND REGULATIONS. 71 
 
 RULE XXXIV. 
 It is expected that a strict and wholesome discipline will be constantly maintained in all 
 public schools; but teachers are cautioned against displays of ill-temper and undue severity in the 
 schoolroom. 
 
 RULE XXXV. 
 
 In any case of misconduct or insubordination, when the teacher deems it necessary for the 
 good of the school, he may suspend a pupil, and shall immediately;notify the directors of the dis- 
 trict thereof. The directors shall forthwith meet and consider the matter, and if they approve the 
 action of the teacher and think the case calls for further punishment, they may expel the pupil 
 from the school. 
 
 RULE XXXVI. 
 
 Teachers in the public schools shall, to the utmost of their ability, inculcate in the minds of 
 their pupils correct principles of morality, and a proper regard for the laws of society, and for the 
 government under which they live. 
 
 RULE XXXVII. 
 
 Every public-school teacher shall give vigilant attention to the temperatnre and ventilation 
 of the schoolroom, and shall see that the doors and windows are open at each intermission, for 
 the purpose of changing the atmosphere of the room. He shall require his pupils to take proper 
 exercise, and shall encourage healthful play at recesses, but he shall strictly prohibit all dan- 
 gerous and immoral games and amusements. 
 
 RULE XXXVIII. 
 
 Teachers shall have the right, and it shall be their duty, within reasonable limits, to direct 
 and control the studies of their pupils; to arrange them in proper classes, and to decide, subject 
 to these rules, what and how many studies each shall pursue. 
 
 RULE XXXIX. 
 
 In all ordinary ungraded district schools in the State, where there are pupils of the proper age 
 and degree of advancement, classes may be organized and kept up in the following-named studies, 
 to wit: First, second, third, fourth, and fifth readers; orthography (embracing pronunciation and 
 word analysis); penmanship; primary, elementary (mental) and practical arithmetic; elementary 
 and comprehensive geography; beginners' and advanced grammar; United States history; elemen- 
 tary natural science; common-school literature; citizenship; physiology and hygiene, and vocal 
 music, In such schools no branches additional to these shall be taught, unless the directors so 
 order by positive vote; and in no case shall teachers neglect the classes pursuing the above-named 
 studies in order to make room for any additional branches. In high schools and other schools of 
 advanced grades, the following-named studies may be taught in addition to those above-men- 
 tioned, to wit: Algebra, astronomy, geometry, geology, general history (advanced), composition, 
 physiology and hygiene, natural philosophy, chemistry, botany, book-keeping, and science of gov- 
 ernment, and vocal music; provided, that the State series of textbooks, as set forth in rule XL., and 
 no others, shall be used. Nothing in this rule shall be so construed as to prohibit or prevent 
 teachers from introducing into their schools such oral instructions and " object lessons " as they 
 
 may deem necessary or suitable. 
 
 RULE XL. 
 
 The following is a complete list of the textbooks adopted by vote of the county superintend- 
 ents for use in the public schools of this State, and are classified as follows :— 
 
 FOR PRIMARY AND INTERMEDIATE GRADES. 
 
 Orthography — W&tson's Child's Speller, Watson's Complete Speller, Swinton's Model Word 
 Blanks, Maneon's Spelling Blanks, and Swinton's New Word Analysis. 
 Pronunciation— Webster's Dictionaries. 
 
72 RULES AND REGULATIONS. 
 
 Reading— The New National Series, consisting of the First, Second, Third, Fourth, and Fifth 
 Readers. 
 
 PcnmawsAip— Spencerian System and Copy Books. 
 
 Arithmetics— Fiper's Seat Work, Fish's Written Arithmetics Nos. 1 and 2, and Brook's Normal 
 Mental Arithmetic. 
 
 Descriptive Geography— Monteith's Elementary Geography and Montelth's Comprehensive- 
 Geography (both Pacific Coast editions). 
 
 Grawmar— Language Lessons— Short Studies in English, Sill's Grammar, and Clark's Normal 
 Grammar. 
 
 History— B&mes' Primary History and Barnes^ Brief History of the United States. 
 
 Science— Monteith's Popular Science. 
 
 li/ero/ttrg— Westlake's Common School. 
 
 Dramnp— White's Industrial— Primary and Intermediate Numbers. 
 
 Vocal Music— Jjoomik' Series, Nos. 1, 2, and 3. 
 
 NaiuralHistory — Tenney's Elementary. 
 
 Physiology and Hygiene — Smiih's Series of Primary Textbooks. 
 
 FOR HIGH SCHOOLS AND ADVANCED SCHOOLS. 
 
 Arithmetic— Brool^a' Normal Mental and Fish's Written Arithmetic, 2d part. 
 
 ^^fireftra— Robinson's Algebra. \ 
 
 Geometry and Trigonometry — Robinson's. 
 
 Geography— Guy ot'sFhysic&l. 
 
 Grammar — Clark's Normal Grammar. 
 
 History— B&rnes' General History. 
 
 Composifo'on — Bardeen's. 
 
 Physiology— Steele's Fourteen Weeks. 
 
 Citizenship— Young's Government Classbook. ■ ' - 
 
 Book-keeping— BTy&nt & Stratton's. 
 
 Biisiness Forms— WsLTd's. 
 
 Drawing— White's Advanced Numbers in Drawing. 
 
 VbcoZ iftiisic—Loomis' Nos. 4 and 5. 
 
 Letter TTn'/m^— Westlake's. 
 
 CAewm/n/— Steele's Fourteen Weeks. 
 
 Natural Philosophy— Steele's Fourteen Weeks. 
 
 JSotony— Steele's Fourteen Weeks. 
 
 Astronomy — Steele's. 
 
 Geology- Steele's. 
 
 RULE XLI. 
 
 In primary schools where it is deemed necessary to begin instruction in reading of easier grade 
 than the First Reader, charts may be used for that purpose. 
 
 RULE XLII. 
 Every teacher in the public schools shall prepare at the beginning of each term a programme 
 of daily exercises and recitations, and post the same in a convenient place in the schoolroom for 
 the benefit of the school. 
 
 RULE XLIII. 
 
 Every teacher in the public schools shall be provided by the board of directors with a school 
 register, in which he shall carefully note the attendance and standing of his pupils. At the close 
 of the school the teacher shall deposit the same with the clerk of the district, who shall preserve 
 the same along with the other books and papers belonging to his office for inspection. 
 
RULES AND REGULATIONS, 75 
 
 RULE XLIV. 
 At the close of every term of school the teacher shall thoroughly examine his pupils in the 
 studies of the term, using written questions and requiring written answers whenever practicable ;. 
 and the standing of each pupil in examination shall be noted accurately upon the school register. 
 
 RULE XLV. 
 Teachers are authorized to require excuses from the parents or guardians of pupils, either ii> 
 person or by written note, in all cases of absence or tardiness or dismissal before the close of the- 
 school, and no excuse shall be deemed valid except that of sickness or necessary employment. 
 The teacher shall be the judge of the sufficiency of excuses, subject to an appeal to the directors ; 
 provided, that boards of directors may, by formal adoption, change the character of the excuses 
 which shall be deemed valid in compliance with the powers of directors as set forth in subdivlsioa- 
 12, section 37, of the Oregon school laws, 
 
 RULE XLVI. 
 
 Whenever the unexcused absences of any pupil during any term shall amount in the aggre- 
 gate to seven days, he shall be reported to the directors, and the teacher may suspend him until 
 the opinion of the directors can be taken. For this purpose an unexcused absence or tardiness for 
 a half day or less or for more than one hour at any one time shall be deemed a half day's absence ;_ 
 and such absence or tardiness for more than half a day at one time shall be reckoned as an absence 
 for a whole day ; provided, that boards of directors may establish a less time of absence or tardi- 
 ness as cause for suspension or expulsion, which shall be deemed valid in compliance with the 
 powers of directors, as set forth in subdivision 12, section 37, of the Oregon school laws. 
 
 RULE XLVII. 
 
 The names of all those pupils of the public schools of this State who, at the close of any term, 
 shall be found to have been neither absent nor tardy during the term, and who have maintained 
 correct deportment, shall be inscribed by the teacher upon suitable rolls of honor and displayed^ 
 in some prominent and safe place in the schoolroom. 
 
 RULE XLVIII. 
 
 The teacher of every public school shall, at the close of each term, make out and transmit to 
 
 the county superintendent a written report according to such form as may be furnished by the 
 
 State board of education, and file a duplicate copy of the same with the district clerk. In schools 
 
 having more than one teacher, the principal alone must report ; but such report most include the 
 
 statistics for the whole school. 
 
 RULE XLIX. 
 
 Teachers in the public schools in this State are required to attend all teachers' institutes held: 
 under authority of law in the counties where they reside ; provided, that they shall be required to- 
 attend the annual institute in their county in each year. For non-attendance of any teacher at 
 the institute without a good and sufficient reason, the county superintendent is hereby authorized 
 to lower the grade of his or her certificate, or revoke the same, in his discretion. School directors 
 are required to allow their teachers two days of actual school service for such attendance, with- 
 out any deduction from their wages, and without requiring them afterwards to make up the time 
 
 so spent. 
 
 RULE L. 
 
 In all public schools in this State the teachers shall require of their pupils regular stated 
 exercises in composition and declamation. 
 
 RULE LI. 
 
 In all schools where there are primary pupils, it is recommended that exercises in free gym- 
 nastics and suitable voice and "breathing exercises" be given daily. 
 
74. RULES AND REGULATIONS. 
 
 PUPILS. 
 
 RULE LII. 
 
 No pupil shall be allowed to retain connection with any public school unless provided with 
 books, slate, and other things required to be used in the classes to which he is assigned ; but no 
 pupil shall be excluded for this cause, unless the teacher shall have given one week's previous 
 notice to his parents or guardians of the articles needed. Indigent pupils may be supplied with 
 books, etc., at the expense of the district if the directors so order. 
 
 RULE LIU. 
 
 Pupils affected with contagious diseases shall not be allowed to remain in any of the public 
 
 schools. 
 
 RULE LIV. 
 
 Every pupil is required to attend school punctually and regularly ; to conform to the regula- 
 tions of the schools, and to obey promptly all the directions of the teacher ; to observe good order 
 and propriety of deportment ; to be diligent in study, respectful to teachers, and kind and obliging 
 to schoolmates ; to refrain entirely from the use of profanity and vulgar language, and to be clean 
 
 and neat in person and clothing, * 
 
 RULE LV. 
 
 Any pupil who shall, in any way, cut or otherwise injure any schoolhouse, or injure any 
 fence, trees, or outbuildings belonging to any school, or shall write any profane or obscene lan- 
 guage, or make any obscene pictures on the school premises, shall be liable to suspension, expul- 
 sion, or other punishment, according to the nature of the offense. 
 
 RULE LVI. 
 
 That portion of these rules and regulations pertaining to the duties and privileges of teachers 
 and pupils shall be read and explained by the teacher, in the presence of the school, at least once 
 --during each school term. 
 
 SYLVESTER PENNOYER, 
 
 Governor. 
 GEO. W. McBRIDE, 
 
 Secretary of State. 
 
 E. B. Mcelroy, 
 
 Sup't of Public Instruction. 
 State Board of EDUCATioir. 
 
BLANK FORMS. 
 
 CHAPTER HI. 
 
 FORM NO. 1. 
 Forfa of petition asking for the organization of a new school district :— 
 
 : ,18-- 
 
 To the Honorable County Superintendent of County, Oregon : 
 
 The undersigned, legal voters and residents within the territory with boundaries as herein 
 indicated, do respectfully ask that you establish and constitute a school district with boundaries 
 
 as follows, to wit : [here give the boundaries], 
 
 the same to constitute and be known hereafter as school district No of county, 
 
 Oregon, and your petitioners will ever pray. 
 
 Names. 
 
 Names. 
 
 FORM NO. 2. 
 Form for the organization of a new school district :— 
 
 In pursuance of a petition now on file in this office, it is hereby ordered and determined that 
 
 the territory included within the boundaries described as follows, to wit: 
 
 {here describe the boundaries of the district], shall hereafter constitute a school district to be 
 known as school district No of county, Oregon. 
 
 Given under my hand this day of , A. D. 18 , at , Oregon. 
 
 County School Superintendent. 
 
 FORM NO. 3. 
 Form of county superintendent's notice to taxable inhabitant of newly 
 organized school district : — 
 
 A B : 
 
 Dear Sir— You are hereby notified of the organization of school district No of _ 
 
70 BLANK FORMS. 
 
 county, Oregon, with boundaries as follows, to wit: [here- 
 
 give boundaries.] 
 
 You are hereby authorized and directed to write and post up immediately three notices in a& 
 many different public places in said district, notifying the legal voters thereof to assemble at a. 
 specified hour of a certain day at some convenient place for the purpose of organizing and electing 
 three directors and a clerk, and for the transaction of such other business as may be in conformity 
 with the provisions of the Oregon school law, giving at least ten days' notice of such meeting. 
 
 County School Superintendent. 
 
 FORM NO. 4. 
 
 Form of notice calling a meeting to organize a newly established school 
 district : — 
 
 NOTICE OF SCHOOL MEETING. 
 
 By authority received from the county school superintendent of this county, and in pursuance 
 of section 30 of the Oregon school law, notice is hereby given to all legal voters of school district 
 
 No of county, Oregon, to meet at the hour of o'clock on the day 
 
 of , A. D. 18 , at the residence of __, , for the purpose 
 
 of electing three directors and a clerk, and for transacting such otiier business as the meeting may 
 
 determine. The boundaries of said district are as follows : [here 
 
 give the boundaries.] 
 
 Done this day of , A. D. 18 
 
 . A B 
 
 A Legal Voter of School District No 
 
 FORM NO. 5. 
 
 Form of oath to be administered to the directors and clerks before entering^ 
 upon the duties of their office :— 
 
 You do solemnly swear that you will, during your term of office, discharge the duties o 
 
 [director or clerk, as the case may be] of school district No of county, 
 
 Oregon, in accordance with the requirements of law, and for the best interests of the district, to- 
 the best of your ability. So help you God. 
 
 Note. — This oath of office may be administered by the chairman of the 
 meeting, or by any one he may designate for that purpose. 
 
 FORM NO. 6. 
 
 Form of petition for the organization of a joint school district lying partly 
 in tw« or more counties :— 
 
 ,18 
 
 The undersigned, legal voters and residents within the territory with boundaries as described 
 herein, do respectfully ask that you set off and constitute a part of a school district the territory 
 
 situate in county, Oregon, and bounded as follows, to wit: [here 
 
 give the boundary], the same to constitute a part of a joint school district of 
 
 and counties, Oregon, and to be known hereafter as joint school district No 
 
 of and counties, ;Oregon, and your petitioners will ever pray. 
 
BLANK FORMS. 77 
 
 Names. 
 
 Names. 
 
 
 
 
 
 
 
 
 
 
 
 
 . 
 
 
 FORM NO. 7. 
 Form of notice for calling annual school meeting: — 
 
 ANNUAL SCHOOL MEETING. 
 
 Notice is hereby given to the legal voters of school district No of county, 
 
 Oregon, that the annual school meeting for said district will be held at , to 
 
 begin at the hour of o'clock on the first Monday, being the day of March, 
 
 A. D. 18 
 
 This meeting is called for the purpose of electing [here 
 
 mention the officers to be elected, and the length of time each is to serve], and the transaction of 
 
 the business usual at such meeting. 
 
 Dated this day of A. D. 18 
 
 A B -. 
 
 District Clerk. 
 
 Note. — This notice should be posted in at least three public places in the 
 district at least ten days before the day appointed for the meeting. If it is 
 desirable to levy a tax on the district, for any object whatever, this should be 
 stated in the notice, and if any other matters of vital importance to the district 
 are to be brought before the meeting for its consideration, they should be men- 
 tioned in the call. 
 
 FORM NO. 8. 
 
 Form of bond required by directors of district clerk, and to be filed with 
 the directors :— 
 
 Know all men by these presents, that we, E F , clerk of school district No 
 
 ^f county. State of Oregon, and L M and P Q , his sureties, 
 
 are held and firmly bound unto said school district in the sum of. [here 
 
 insert a sum of double the amount to come into the clerk's hands, as nearly as can be ascertained], 
 to be paid to said school district, for the payment of which, well and truly to be made, we bind 
 ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. 
 Sealed with our seals, and dated this day of , A. D. 18 
 
 The condition of the above obligation is such that if the said E F , clerk as aforesaid, 
 
 shall faithfully discharge the duties of his office as clerk of said school district, and shall well and 
 truly pay over to the person or persons entitled therein, upon the proper order therefor, all sums 
 of money which shall come into his hands as clerk of said school district, and shall, at the expira- 
 tion of his term ot office, pay over to his successor in office all moneys remaining in his hands as 
 
78 BLANK FORMS. 
 
 clerk aforesaid, and shall deliver to his successor all books and papers appertaining to his said 
 office, then this obligation shall be void, otherwise of full force and eflPect. 
 
 E F [seal.] 
 
 L M ^ [SEAL.] 
 
 P Q r SEAL.l 
 
 In presence of 
 
 FORM NO. 9. 
 Form of petition for changing the boundary of a school district :— 
 
 . , 18 
 
 To the Honorable County Superintendent of County, Oregon: 
 
 .We, the undersigned, legal voters of school district No of county, Oregon,. 
 
 believing it to be for the best interests of the people of the district, do most respectfully ask that 
 
 the boundary of said district be changed to read as follows : [ here 
 
 give the boundary of the district as it would be when changed], and your petitioners will ever 
 pray. \ 
 
 Names. 
 
 Names. 
 
 FORM NO. 10. 
 Form of lease :— 
 
 Know all men by these presents, that A B , of the county of , in the 
 
 State of Oregon, of the first part, for the consideration herein mentioned, does hereby lease unta 
 
 the directors of school district No of the county and State aforesaid, party of the second part, 
 
 and their successors and assigns, the following described parcel of land : 
 
 [here insert description of land], together with all the privileges and appurtenances thereunto 
 
 belonging, to have and to hold the same for and during the term of years from 
 
 the day of , A. D. 18 ; and the said party of the second part, for themselves 
 
 and their successors and assigns, do covenant and agree to pay the said party of the first part for 
 
 the premises, the annual rent of dollars. 
 
 la testimony whereof, the said parties have hereunto set their hands and seals this day 
 
 of. , A. D. 18 
 
 A B 
 
 Lessor. 
 C D 
 
 [ SEAL] E F . 
 
 G H 
 
 Directors of School District No of the County of. , State of Oregon. 
 
BLANK FORMS. 79- 
 
 FORM NO. 11. 
 
 Form of contract between school district and teacher :— 
 
 It is hereby agreed between the directors of school district No...^, of county. 
 
 and State ol Oregon, and A B , a qualified teacher of said county and State, that the said 
 
 A. B is to teach the public school of said district for the time of 
 
 [here insert time], for the sum of dollars per month, commencing on the day 
 
 of , A. D. 18 , and for such services, lawfully and properly rendered, the directors 
 
 of said district are to pay to the said A B the amount that may be due according to thi& 
 
 contract, on or before the day of , 18 . 
 
 Dated this day of , A. D. 18 
 
 C D 
 
 E F 
 
 G H 
 
 Directors of School District No , of County, Oregon. 
 
 A B 
 
 Teacher. 
 
 Note. — The contract must be signed by at least two directors of the school' 
 district. 
 
 FORM NO. 12. 
 
 Form of deed : — 
 
 This indenture witnesseth that A B and C D , Lis wife (if he has one ). 
 
 for and in consideration of the sum of dollars, to them in hand paid, the receipt whereo r 
 
 is hereby acknowledged, have bargained and sold, and by these presents do grant, bargain, sell. 
 
 and convey unto the directors of school district No of county, Oregon, the 
 
 following described premises, to wit: [here 
 
 give descriptions], together with the tenements, hereditaments, and appurtenances thereunto 
 belonging or in any way appertaining ; to have and to hold the same, with the appurtenance". 
 
 unto the directors of school district No , their successors and assigns forever. And the said 
 
 A B and C D do hereby covenant to and with the said directors, their 
 
 successors and assigns, that they are the owners in fee simple of said premises ; thai they are free 
 from all incumbrances, and that they will warrant and defend the same against all lawful claims 
 whatever. 
 
 Witness our hands and seals, this day of , A. D. 18 
 
 A B [SEAL.] 
 
 C D [SEAL.] 
 
 In presence of 
 
 FORM NO. 13. 
 
 Acknowledgment :— 
 
 STATE OF OREGON, Igg 
 
 County of J * 
 
 On this, the day of , A. D. 18 — , personally came before me. 
 
 a in and for said county, the within named 
 
 and his wife, to me personally known to be the identical persons described 
 
 in and who executed the within instrument, and acknowledged to me that they executed the 
 same freely for the uses and purposes therein named. 
 
80 BLANK FORMS. 
 
 Aud the said C D , on examination separate and apart from her said husband, 
 
 acknowledged to me that she executed the same freely and without fear or compulsion from 
 Any one. 
 
 Witness my hand, this , day of , A. D. 18—— 
 
 L- M 
 
 — ._- _ [ Official title.] 
 
 FORM NO. 14. 
 Form of order on district clerk for the payment of money : — 
 
 To A B , District Clerk of School District No of County, Oregon: 
 
 Please pay to the sum of dollars for [here 
 
 specify the object for which the money is to be paid], out of any money in your hands not appro- 
 priated and belonging to said district. 
 
 Dated this day of , A. D. 18_ 
 
 C D 
 
 E— F 
 
 G H 
 
 Directors of School District No of County, Oreeron.. 
 
 FORIVI NO. 15. 
 
 Form for affidavit of appeal (section 25):— 
 
 STATE OF OREGON, 
 County of — 
 
 A B vs. School District No of : county, Oregon. 
 
 I, A B , being duly sworn, on oath say that on the day 
 
 -of , A. D. 18 , the board of directors of said district rendered a decision (or 
 
 made an order) whereby [here 
 
 «tate facts showing affiant's interest in the decision ]; that said board in rendering the decision ( or 
 
 making the order ) aforesaid committed errors as follows : [here state the errors charged ] 
 
 A B 
 
 Subscribed and sworn to by A B before me this day of 
 
 A. D. 18 
 
 FORlVr NO. IG. 
 Form of notice of appeal ( section 25 ) :— 
 
 STATE OF OREGON, \ 
 
 County of j ^^• 
 
 A B vs. School District No of county, Oregon. 
 
 To — , District Clerk of District No 
 
 You are notified that A B has filed in my ©ffice an affidavit alleging that the board 
 
 of directors of district No , on the day of , A. D. 18 , made a 
 
 decision (or an order) whereby [here 
 
 describe the decision or order so that the clerk may identify it], and claiming an appeal there- 
 from. You are therefore required, within ten days after receiving this notice, to file in my office 
 at , In said county, a complete transcript of the record of the 
 
BLANK FORMS. 81 
 
 proceedings of the board relating to said order, together with copies of all papers filed with you 
 pertaining to said action appealed from. 
 
 Dated at , this day of , A. D. 18 
 
 County School Superintendent. 
 
 FORM FO. 17. 
 Form of certificate of district clerk to county superintendents : — 
 
 I, , district clerk of district No , in the county of , Oregon, hereby 
 
 certify that the foregoing is a correct and complete transcript of the record of all proceedings of 
 
 the board and of all papers filed relating to the case of A B vs. School District 
 
 No 
 
 Dated at , , 18 
 
 District Clerk. 
 Note.— The district clerk's transcript will contain,— first, a copy of all 
 that portion of the records of the proceedings of the meetings relating to the 
 action appealed from, with the date of the meeting ; second, a copy of each 
 petition, remonstrance, plat, or other paper relating to said action submitted 
 to the board, to which will be annexed the above certificate. 
 
 FORM NO. 18. 
 Form of notice of hearing of appeal:— 
 
 STATE OF OREGON, ■)„„ 
 
 County of J^^' 
 
 A B vs. District No 
 
 To ; 
 
 You are hereby notified that there is on file in this office a transcript of the proceedings of the 
 
 board of directors of district No of county, Oregon, at a meeting on the day 
 
 of , 18 , in relation to [here describe the 
 
 decision or order appealed from], from which appeal has been taken; and that the said appeal 
 will be heard before me at , in said county, on the day of , 18 
 
 Dated at , , 18 
 
 County School Superintendent. 
 Note.— The appellant, the chairman and clerk of the district, and other 
 parties known to be interested, should receive a copy of this notice. 
 
 FORM NO. 19. 
 
 Form of certificate of county superintendent's transcript:— 
 
 I, , superintendent of county, Oregon, hereby certify; that 
 
 the foregoing is a correct and complete transcript of the records of all proceedings had, evidence 
 given, and papers filed in my office, and my rulings thereon, also of my decision in the case ol 
 
 A B vs. School District No. 
 
 Dated at , , 18 
 
 County School.Superintendent. 
 
82 BLANK FORMS. 
 
 Note 1.— The date of filing every paper should be endorsed thereon ; also 
 in the case of motions, all orders and rulings of the county school superin- 
 tendent. All oral motions and evidence should be reduced to writing. 
 
 Note 2. — The transcript of the county school superintendent should consist 
 of every paper filed, and all endorsements thereon, together with a copy of all 
 evidence given. The whole should be arranged in chronological order, closing 
 with the decision of the county school superintendent in full, with the above 
 certificate attached. 
 
 FORM NO. 20. 
 
 Form for appointment of arbitrators and appraisers of site or schoolhouse 
 or other school property (section 25, Oregon school laws ):— 
 
 To and 
 
 You are hereby appointed and constituted a board of appraisers and arbitrators under the pro- 
 visions of section 25 of the Oregon school laws, to assess the damages which school district No 
 
 of county, Oregon, will sustain by tk^ division for school purposes of the 
 
 following described real estate and other property, viz : ^^. 
 
 in district No in the county of and State of Oregon, containing 
 
 You will, therefore, on the day of , 18 , at o'clock M., 
 
 proceed to examine the real estate and other property above described, and assess under oath, the 
 cash damages which the district will sustain by the division of the same for school purposes, and 
 immediately report to us in writing the amount of said damages. 
 Dated at , 18 
 
 Boards of Directors. 
 OATH OP ARBITRATORS. 
 
 We, and , do solemnly swear that 
 
 we will well and truly and to the best of our ability perform all of the duties imposed upon us by 
 the foregoing commission. 
 
 Subscribed and sworn to before me by and. 
 
 arbitrators, this day of , 18 
 
 Note.— Sufficient time must be allowed between the appointment and this 
 commission and the time set for appraising the damages to give the arbitrators 
 legal notice thereof, and a reasonable time to meet. 
 
BLANK FORMS. 83 
 
 FORM NO. 21. 
 
 Form of notice to district clerks from arbitrators ( section 25 ):— 
 
 To and DiMrict Clerks. Digtrictt Nos and 
 
 of County, Oregon : 
 
 You are hereby notified that we have this day been appointed appraisers to assess the dam- 
 ages which district No will sustain by the division for school purposes of the following- 
 described real estate and other property, viz. : 
 
 We will meet at on the day of. , 18...., at....o'clock M., 
 
 and assess said damages as provided by section 25, Oregon school laws. 
 
 Dated at , 18 
 
 Arbitrators. 
 
 FOBM NO. 22. 
 
 Form of appraisement of school property (section 25 ):— 
 To A B , , Oregon: 
 
 We the undersigned, having been appointed to appraise the damages which district No 
 
 will sustain by the division of the following-described real estate aud other property belonging to 
 
 said district, viz. : 
 
 do hereby report that we have on this .day of , 18 , carefully examined said 
 
 ■described real estate and other property and have appraised the same at dollars. 
 
 Bated at , , 18 
 
 ♦ Arbitrators. 
 
 FORM NO. 23. 
 
 Form of order on county treasurer for the payment of county school funds 
 •due school districts : — 
 
 $ Office of County Superintendent, ) 
 
 , Oregon, , 18 / 
 
 To , County Treasure^' of County, Oregon: 
 
 You will please pay to , district clerk of school district No , 
 
 county, Oregon, the sum of dollars for the use of said district, and 
 
 ■charge the same to the county school fund of county, Oregon. 
 
 No County School Superintendent. 
 
 FORM NO. 24. 
 
 Form of order on county treasurer for the payment of the county appor- 
 tionment of the State school fund due school districts :— 
 
 f Office of County School Superintendent, > 
 
 , Oregon, , 18 — j 
 
 To - , County Treasurer of County, Oregon: 
 
 You will please pay to , district clerk ot school district No , 
 
84 BLANK FORMS. 
 
 couniy, Oregon, the sum of dollars for the use of said 
 
 district, and charge the same to the State school fund apportioned to county. 
 
 No County School Superintendent. 
 
 FORM NO. 25. 
 Form of receipt from school clerks to county treasurer for school moneys 
 
 received :— 
 
 5 Office of County Treasurer, > 
 
 , Oregon, ,18 ] 
 
 Received from , county treasurer for the county of , 
 
 Oregon, the sum of dollars for the use of school district No , 
 
 county, as per order No , issued by the county school superintendent on the 
 
 fund of said couniy. 
 
 No District Clerk School District No , County, Oregon, 
 
 FORM NO. 26. 
 
 Form of district clerks' receipt to county schom>superintendent for school 
 
 } 
 
 order received :- 
 
 $ Office of District Clerk. 
 
 School District No. — , County, Oregon 
 
 , l8-_.. 
 
 Received from , county school superintendent of county^, 
 
 Oregon, order No , drawn upon the county school fund of county for 
 
 dollars for the use of school district No 
 
 No District Clerk. 
 
 FORM NO. 27. 
 
 Form of State school fund receipt : — 
 
 $ Office of District Clerk, > 
 
 School District No , County, Oregon, y 
 
 , 18„_. j 
 
 Received from , county school superintendent of county, 
 
 Or(3gon, warrant No. , drawn upon the county apportionment of the State school fund, 
 
 dollars for the use of school district No. 
 
 No , District Clerk. 
 
 FORM NO. 28. 
 
 Form of notice of county school superintendent of meeting for examinatio» 
 of school teachers : — 
 
 Notice is hereby given that for the purpose of making an examination of all persons who may- 
 offer themselves as candidates for teachers of the schools of this county, the county school super- 
 intendent thereof will hold a public examination at [here insert the 
 
 time and place of meeting.] 
 
 Dated this day of , 18. 
 
 County School Superintendent _ County, Oregon. 
 
BLANK FORMS. 85 
 
 FORM NO. 29. 
 
 Form of county superintendent's receipt to teacher for examination fees 
 ( section 25, Oregon school laws ) : — 
 
 Received from _ for public examination for teacher's 
 
 certificate the sum of $1.00, the same to be paid to the county treasurer and credited to the county 
 institute fund. 
 
 No County School Superintendent. 
 
 FORM NO. 30. 
 
 Form of receipt for temporary certificate fees ( section 25, Oregon school 
 laws) : — 
 
 Received from for temporary certificate examination the sum 
 
 of $2.50 ( the same to be paid in advance ), and to be paid to the county treasurer and credited to 
 the county institute fund. 
 
 County School Superintendent. 
 
 FORM NO. 31. 
 Form for receipt of institute fund ( section 25 ): 
 
 Office of County Treasurer. ) 
 18._.} 
 
 ., Oregon, 
 
 Received of , county school superintendent of county, 
 
 Oregon, for public examination fees, dollars, to be credited to the county 
 
 institute fund. 
 
 No County Treasurer. 
 
 FORM NO. 32. 
 Form of receipt for temporary certificate fees (section 25):— 
 
 « Office of County Treasurer, ) 
 
 , Oregon 18 — j 
 
 Received of , county school superintendent of county, 
 
 Oregon, for teachers' temporary certificate fees, dollars, the same to be 
 
 credited to the county institute fund. 
 
 j^Q County Treasurer. 
 
 FORM NO. 33. 
 Form of order on county institute fund (section 25, Oregon school laws):— 
 
 « Office of County Clerk, > 
 
 "" County, Oregon, ,18 — > 
 
 To , Treasurer of CourUy, Oregon: 
 
 Pay to , county school superintendent, or order, dollars, 
 
 out of the county institute fund, for , as per bill No , audited and approved 
 
 this day, as required by section 25, Oregon school laws, and on file in my office. 
 
 jjo County Clerk. 
 
86 BLANK FORMS. 
 
 Note.— The county clerk should not issue warrants' for a greater amount 
 than the county institute funds in the hands of the county treasurer will pay 
 off and satisfy. 
 
 FORM NO. 34. 
 
 Form for quarterly report of institute fund to the county treasurer by the 
 county school superintendent (section 25, Oregon school laws):— 
 
 QUARTERLY REPORT OF INSTITUTE FUNDS. 
 
 Received for examination fees for the quarter ending , 18 , and paid to the 
 
 county treasurer of county, Oregon, as required by section 25, Oregon school laws, 
 
 as amended February 21, 1887 : 
 
 No. 
 
 Name of applicant. 
 
 Amount 
 received. 
 
 1 
 
 
 
 2 
 
 
 
 3 
 
 "\^ 
 
 
 4 
 
 ^ 
 
 
 5 
 
 "^ 
 
 . 
 
 6 
 
 
 
 7 
 
 '■ 
 
 
 g 
 
 
 
 9 
 
 
 
 10 
 
 
 
 It 
 
 
 
 12 
 
 
 
 13 
 
 
 
 14 
 
 
 .___ 
 
 15 
 
 
 
 16 
 
 
 
 17 
 
 
 
 18 
 
 
 
 19 
 
 
 
 20 
 
 
 
 21 
 
 
 
 22 
 
 . 
 
 
 23 
 
 
 
 24 
 
 
 
 25 
 
 ■ 
 
 
 26 
 
 - - — 
 
 
 27 
 
 
 
 28 
 
 
 
 29 
 
 
 
 80 
 
 
 
 31 
 
 
 
 32 
 
 
 
 33 
 
 
 
 34 
 
 
 
 35 
 
 
 
 36 
 
 . 
 
 
 37 
 
 1 
 
 38 
 
 
 
 89 
 
 
 
 40 
 
 
 
 41 
 
 
 
 42 
 
 
 
 48 
 
 
 
 44 
 
 
 
 45 
 
 
 
 46 
 
 
 
 47 
 
 
 
 48 
 
 - 
 
 
 49 
 
 
 
 50 
 
 
 
 
BLANK FORMS. 
 FORM NO. 34.— Concluded. 
 
 87 
 
 No. 1 
 
 1 
 
 Name of applicant. 
 
 
 Amount 
 received. 
 
 51 
 
 
 
 52 
 
 
 
 53 
 
 
 
 54 
 
 
 
 
 
 
 65 
 
 
 
 
 56 
 
 
 
 
 
 57 
 
 
 
 58 
 
 
 
 
 
 69 
 
 
 
 60 
 
 1 
 
 Total- 
 
 I— 
 
 I hereby certify that the above report is correct. 
 Dated , Oregon, 18. 
 
 FORM NO. 35. 
 Form of notice to teacher of intention to suspend or revoke certificate :— 
 
 To. 
 
 You are hereby notified to appear before the undersigned, the county superintendent of 
 
 schools for the county of , State of Oregon, at , on the 
 
 day of , at o'clock , to show cause why your certificates of qualification as 
 
 a teacher should not be suspended or revoked. 
 
 Dated this day of- , A. D. 18 
 
 County school Superintendent County, Oregon. 
 
 FORM NO. 36. 
 Form of revocation of teacher's certificate :— 
 
 Office of County School Superintendent, 
 County of Oregon, 
 
 CNDENT,) 
 K)N, V 
 
 ., 18 i 
 
 To the several School Boards in the County of- : 
 
 Whereas the undersigned did, on the day of , 18 — , execute 
 
 and deliver to a certificate, authorizing to teach in 
 
 the public schools of this county ; and whereas upon due examination it has been made to appear 
 
 that the said in consequence of [here 
 
 state the cause— whether gross negligence of duty, incompetency, or immorality.] is unwortliy 
 longer to retain the same ; 
 
 Now, therefore, in pursuance of the provisions of rules and regulations, Or^on school laws, 
 the said certificate is hereby revoked. 
 
 In testimony whereof, I have hereunto subscribed my name this day of 
 
 A. D. 18 
 
 County School Superintendent. 
 
 ..County. Oregon. 
 
88 
 
 BLANK FORMS. 
 
 FORM 
 
 This blank must be returned within thirty days after its receipt to the 
 
 
 to 
 
 f 
 
 Description c 
 
 ! 
 
 Agricultural 
 land. 
 
 Town 
 or 
 city 
 prop- 
 erty. 
 
 if 
 
 is. 
 
 ii 
 
 1 S 
 
 1 ^ 
 
 
 If 
 
 if 
 
 II 
 
 il 
 
 si 
 
 If 
 
 j 
 
 Horses ' 
 
 and 
 mules. 
 
 1 
 
 Sheep 
 Cattle. and 
 goats. 
 
 1 
 
 
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 STATE OF OREGON, 1 _ 
 County. J ^• 
 
 I, , do solemnly swear that the foregoing list includes 
 
 of Oregon, and that the above statement is true, as I verily believe. 
 
 Subscribed and sworn to before me this day of , A. D. 18. 
 
BLANK FORMS, 
 
 NO. 37. 
 
 •directors of district No. , county of , Oregon. 
 
 89 
 
 Swine. 
 
 Wheat. 
 
 <j 
 
 CO 
 
 o 
 
 **> 
 
 £. 
 
 3 
 1 
 
 Creditors. 
 
 Indebt- 
 edness. 
 
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 address. 
 
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 J 
 
 
 
 All the real and personal property within school district No. , county of. 
 
 .State 
 
 District Clerk School District No of 
 
 County, Oregon. 
 
90 BLANK FORMS. 
 
 FORM NO. 38. 
 
 No SCHOOL HOUSE BOND. « 
 
 This certifies that has advanced to school district No , of 
 
 county, Oregon, the sum of dollars ($ ), one third of which (8 ) is represented 
 
 by this bond. One year from date said district will pay to the holder of this bond ( $ ) together 
 
 with years' interest on dollars ($ ), at the rate of per cent per annum, 
 
 both principal and interest to be payable in gold coin of the United States. 
 
 Directors of School District No , County, Oregon. 
 
 , Oregon, , 18. — 
 
 FORM NO. 39. 
 
 Form of contract for building a schoolhouse : — 
 
 Contract made and entered into between A BI^:^ , of , in 
 
 the county of and State of Oregon, and C -\- D , E 
 
 F , and G H , composing the district boird of school district No , of 
 
 , in the county of , and State of Oregon, and their successors in oflBce. 
 
 In consideration of the sum of one dollar in hand paid, the receipt whereof is hereby acknowl- 
 edged, and the further sum of dollars, to be paid as hereinafter specified, the said . 
 
 A B hereby agrees to build a schoolhouse, and to furnish the 
 
 material therefor, according to the plan and specifications for the erection of said house, hereto 
 appended, at such point in said district as said district board may designate. The said house is to 
 be built of the best material, in a substantial, workmanlike manner, and is to be completed and 
 delivered to the said district board, or their successors in office, free from any lien for work done, 
 
 or material furnished, by the day of , 18 And in case the said house is not 
 
 finished by the time herein specified, the said A B shall forfeit and pay to 
 
 the said district board, or their successors in office, for the use of said district, the sum of 
 
 dollars, and shall also be liable for a,ll damages that may result to said district in consequence of 
 said failure. 
 
 The said district board, or their successors in office, in behalf of said district, hereby agree to 
 
 pay the said A B the sum of dollars when the foundation of said 
 
 house is finished ; and the further sum of dollars when the walls are up and ready for 
 
 the roof, and the remaining sum of dollars when the said house is finished and delivered 
 
 as herein stipulated. 
 
 It is further agreed that this contract shall not be sub-let, transferred, or assigned without the 
 consent of both parties. 
 
 Witness our hands this day of __, 18 
 
 A B 
 
 Contractor. 
 
 D- 
 
 E F- 
 
 G H. 
 
 District Board. 
 
BLANK FORMS. 
 
 91 
 
 FORM NO. 40. 
 Form of district clerk's notice to county school superintendent of list of 
 elected ( or appointed ) school officers at all annual and special school meetings 
 held in the district within the year ( section 54, Oregon school laws ):— 
 
 , Oregon, , 18 
 
 To , County School Superintendent, , Oregon: 
 
 Sir : You are hereby notified that the officers of school district No , county of. _ 
 
 Oregon, for the ensuing year are as follows : 
 
 Names. 
 
 Time to serve. 
 
 Postoffice address. 
 
 Directors. 
 
 Clerk. 
 
 3 years — 
 2 years — 
 1 year — 
 
 The amount of clerk's bond is 8_ 
 The sureties are ; 
 
 ■■{: 
 
 Chairman of Meeting. 
 
 Clerk of District No 
 
 Note. — The clerk serving up to the annual meeting on first Monday in 
 March of each year will make and fill out a form the same as the above blank, 
 and the chairman and himself sign it and forward to the county school 
 superintendent. 
 
 FORM NO. 41. 
 Form of notice of county treasurer to county school superintendent of 
 sehool moneys in his hands subject to apportionment :— 
 
 7\) the County School Superintendent of County, Oregon: 
 
 I hereby certify that there is now in my hands the sum of dollars 
 
 8 )^ school moneys, subject to apportionment to the several school districts of this county 
 
 entitled thereto. 
 
 County Treasurer. 
 , Oregon, , 18 
 
 FORM NO. 42. 
 Form of notice for an adjourned district school meeting :— 
 Notice is hereby given that a meeting of the legal voters of school district No , in the 
 
92 BLANK FORMS. 
 
 county of— , Oregon, will be held at , in said district, on the. 
 
 day of , 18 , at o'clock In the noon, pursuant to adjournment. 
 
 Dated this day of- , 18 
 
 District Clerk. 
 Note. — The foregoing must be posted the same as for annual meeting. 
 
 FORM NO. 43. 
 Form of request for clerk to call a special district meeting : — 
 
 To , Cleric of School District No , in the Qyunty of , Oregon: 
 
 Sir : You are hereby requested to call a special meeting of the above district on the day 
 
 of , 18 , at o'clock in the noon, for the purpose of [here 
 
 state the business to be transacted ]. 
 
 Dated this day of , 18 
 
 Board of Directors. 
 
 KoTE.— The above notice must be signed by s^t least two directors and 
 posted the same as for annual meeting. 
 
 FORM NO. 44. 
 Clerk's form of notice for special district meeting : — 
 
 Notice is hereby given to the legal voters of school district No , in the county of , 
 
 Oregon, that a special meeting of said district will be held at , on the 
 
 day of , 18 , at o'clock in the noon, for the following objects : [here 
 
 particularly specify each item of business to be acted upon]. 
 
 Dated this day of_ , 18 
 
 District Clerk. 
 Note. — The above must be posted as for an annual meeting. 
 
 FORM NO. 45. 
 
 Form of notice to be given by the clerk of the school district meeting to the 
 offlcers-elect who were not present at the meeting : — 
 
 To ; 
 
 You are hereby notified that at a meeting of school district No , in the town of , 
 
 Oregon, held on the day of , 18 , you were duly elected of 
 
 eaid district. 
 
 Dated this dav of ,18 
 
 Clerk of District No 
 
 Note. — This notice is required to be given within ten days after the 
 meeting, and only to those persons elected to office who were not present at 
 the time. 
 
BLANK FORMS. 95 
 
 FORM NO. 46. 
 
 Form of refusal to accept district director's office, to be filed with the clerk. 
 
 of the district : — 
 
 To the Clerk of School District No , in the County of , Oregon: 
 
 You are hereby notified of my refuel to accept the office of director, to which I was elected 
 at the meeting of said district held on the day of ,18 
 
 Note. — This notice of refusal must be filed withiu ten days after the elec- 
 tion, or the person will be deemed to have accepted the office, and be liable for 
 non-performance of duty. 
 
 FORM NO. 47. 
 Form of an appointment to fill a vacancy in the district clerk's office :— 
 
 To ; 
 
 The office of [ clerk ] of school district No , in the county of , Oregon. 
 
 having becoming vacant, you are hereby appointed to fill such vacancy until the next annual 
 meeting in said district. 
 
 Dated this day of , 18 
 
 Directors. 
 Note. — It requires two members of the board to make an appointment.. 
 If they neglect for ten days to fill the vacancy, it must be done by the legal 
 voters of the district. In either case, the appointment must be filed with the- 
 district clerk when appointed. 
 
 FORM NO. 48. 
 
 Form of refusal or acceptance of district clerk's office by appointment :— 
 To the District Board of School District No of the County of , Oregon : 
 
 You are hereby notified of my [refusal or acceptance ] of the office of clert 
 
 of school district No of said county, to which I was appointed by you on the day 
 
 of . A. D. 18_ — 
 
 Dated this day of , 18 
 
 Note.— A notice of refusal must be filed with the directors within ten days 
 after the appointment, or the person shall be deemed to have accepted the 
 office, and be liable for non-performance of duty. 
 
 FORM NO. 49. 
 
 Form of notice to district clerk to furnish additional security:— 
 
 lb District Clerk of School District No , County, Oregon : 
 
 Sib : Deeming the security on your bond insufficient to protect the district against loss, we- 
 
94 BLANK FORMS. 
 
 hereby require you to furnish a new bond in the sum of S— , with sureties to be approved by 
 
 us, within ten days from the date hereof. 
 
 Dated this day of — , 18 
 
 Directors. 
 
 FORM NO. 50. 
 
 Form of notice for meeting of scliool directors to decide upon, locate, and 
 establish a schoolhouse site: — 
 
 The undersigned will be present at on the day of 
 
 at o'clock in the noon, to decide upon the location and establishment of a schoolhouse 
 
 site for district No. , county of , Oregon, upon [here 
 
 <iescribe the lands upon which it is proposed to establish the site]. 
 
 Given under our hands this day of , 18 , 
 
 X Directors. 
 
 Note. — In case the above notice is made for a joint district, the directors of 
 .all the districts concerned must sign the above notice and be present at the 
 meeting to establish the site. 
 
 FORM NO. 51. 
 
 Form of certificate of action of board of directors in locating and establish- 
 ing a schoolhouse site: — 
 
 We hereby certify that on the day of , A. D. 18 , we located and 
 
 -established a schoolhouse site for school district No. , county of , Oregon, 
 
 comprising the following described territory : [here 
 
 •describe the lands taken for a site according to the survey of the same], and award the sum of 
 
 dollars in full compensation to the owner [if there are two or more owners 
 
 of the lands taken specify the amounts awarded to each] of the lands thus taken for said school 
 house site. 
 
 Dated this day of , 18 
 
 Directors. 
 
CONSTITUTION 
 
 OF THE 
 
 State ok Oregon 
 
 CHAPTER IV. 
 
 We, the people of the State of Oregon, to the end that justice be Sept. 18, 1857. 
 established, order maintained, and liberty perpetuated, do Preamble, 
 ordain this constitution. 
 
 ARTICLE I. 
 
 BILL OF RIGHTS. 
 
 1. We declare that all men, when they form a social compact, Principles of 
 are equal in rights; that all power is inherent in the people, and pact. 
 
 all free governments are founded on their authority, and instituted 
 for their peace, safety, and happiness; and they have at all times a 
 right to alter, reform, or abolish the government in such manner 
 as they may think proper. 
 
 2. All men shall be secured in their natural right to worship Religious wor- 
 Almighty God according to the dictates of their own consciences. ^^*^' 
 
 3. No law shall in any case whatever control the free exercise 
 and enjoyment of religious opinions, or interfere with the rights of 
 conscience. 
 
 4. No religious test shall be required as a qualification for any Religious test, 
 office of trust or profit. 
 
 ^ This constitution was framed by a convention of delegates, sixty in number, chosen at the 
 general election on the first Monday in June, 1857, by virtue of an act of the Territorial assembly. 
 passed December 12, 1856. The convention met at Salem on the third Monday in August, 1857, 
 and adjourned September 18, the same year. The convention provided for submitting the con- 
 stitution to a vote of the electors of the Territory on November 9, 1857, at which election the 
 constitution was adopted, there being 7,195 votes for it, and 3,195 votes against it. On February 14, 
 1859, the act admitting Oregon into the Union with this constitution was approved, IVom which 
 time it is deemed to have become a State. From the time of the formation of the constitution. 
 until the admission the Territorial government continued in ftill force and authority. 
 
96 
 
 CONSTITUTION OF OREGON 
 
 Sept. 18, 1857. 
 Same subject. 
 
 Witnesses. 
 
 Oath of affir- 
 mation. 
 
 Freedom of 
 speech. 
 
 Searches, seiz- 
 ures, and 
 warrants. 
 
 Courts not to 
 be secret. 
 
 Eights of 
 defendant. 
 
 Not to be tried 
 twice for the 
 same crime. 
 
 Treatment of 
 persons under 
 arrest. 
 
 Bail. 
 
 Punishment of 
 •rime. 
 
 5. No money shall be drawn from the treasury for the benefit 
 of any religious or theological institution, nor shall any money be 
 appropriated for the payment of any religious services in either 
 house of the legislative assembly. 
 
 6. No person shall be rendered incompetent as a witness or 
 juror in consequence of his opinions on matters of religion, nor be 
 questioned in any court of justice touching his religious belief, to- 
 affect the weight of his testimony. 
 
 7. The mode of administering an oath or affirmation shall be 
 such as may be most consistent with, and binding upon, the con- 
 science of the person to whom such oath or affirmation may be 
 administered. 
 
 8. No law shall be passed restraining the free expression of 
 opinion, or restricting the right to speak, write, or print freely on 
 any subject whatever ; but every person shall be responsible for the 
 abuse of this right. 
 
 9. No law shall violate the right olf the people to be secure in 
 their persons, houses, papers, and eflfects against unreasonable 
 search or seizure ; and no warrant shall issue but upon probable 
 cause, supported by oath or affirmation, and particularly describ- 
 ing the place to be searched, and the person or thing to be seized. 
 
 10. No court shall be secret, but justice shall be administered 
 openly and without purchase, completely and without delay, and 
 every man shall have remedy by due course of law for injury done 
 him in person, property, or reputation. 
 
 ii. In all criminal prosecutions the accused shall have the 
 right to public trial by an impartial jury in the county in which 
 the offense shall have been committed, to be heard by himself and 
 counsel ; to demand the nature and cause of the accusation against 
 him, and to have a copy thereof; to meet the witnesses face to face, 
 and to have compulsory process for obtaining witnesses in his 
 favor. 
 
 12. No person shall be put in jeopardy twice for the same 
 offense, nor be compelled in any criminal prosecution to testify 
 against himself. 
 
 13. No person arrested or confined in jail shall be treated with 
 unnecessary rigor. 
 
 14. Offenses, except murder and treason, shall be bailable by 
 sufficient sureties. Murder or treason shall not be bailable when 
 the proof is evident or the presumption strong. 
 
 15. Laws for the punishment of crime shall be founded on the 
 principles of reformation, and not of vindictive justice. 
 
CONSTITUTION OF OREGON. 97 
 
 16. Excessive bail sliall not be required, nor excessive fines Sept. is. i857. 
 imposed. Cruel and unusual punishments shall not be inflicted, Excessive bail 
 but all penalties shall be proportioned to the offense. In all crim- *° ^"^' 
 inal cases whatever the jury shall have the right to determine the Power of jury 
 law and the facts, under the direction of the court, as to the law cawS"**^^ 
 and the right of new trial, as in civil cases. 
 
 17. In all civil cases the right of trial by jury shall remain in- civil cases, 
 violate. 
 
 18. Private property shall not be taken for public use, nor the Private prop- 
 particular services of any man be demanded without just compen- pJbiiJnlSs 
 sation; nor, except in case of the State, without such compensation 
 
 first assessed and tendered.^ 
 
 19. There shall be no imprisonment for debt except in case of imprisonment 
 fraud or absconding debtors.^ ^°'" *^®*'^- 
 
 20. No law shall be passed granting to any citizen or class of Exclusive 
 citizens privileges or immunities which, upon the same temas, shall p^^*^®«®*- 
 not equally belong to all citizens. 
 
 21. No ex post facto law, or law impairing the obligations of what laws 
 contracts shall ever be passed, nor shall any law be passed, the p^d.''* ^ 
 taking effect of which shall be made to depend upon any authority, 
 
 except as provided in this constitution; provided, that laws locating 
 the capital of the State, locating county seats, and submitting town 
 and corporate acts, and other local and special laws, may take 
 effect or not, upon a vote of the electors interested. 
 
 22. The operation of the laws shall never be suspended except How laws 
 by the authority of the legislative assembly. suspen 
 
 23. The privilege of the writ of habeas corpm shall not be sus- Habeas corpus, 
 pended, unless, in case of rebellion or invasion, the public safety 
 
 require it. 
 
 24. Treason against the State shall consist only in levying war Treason, evi- 
 
 w .. dence of. 
 
 against it, or adhering to its enemies, giving them aid or comfort. 
 
 No person shall be convicted of treason unless on the testimony of 
 
 two witnesses to the same overt act, or confession in open court. 
 
 25. No conviction shall work corruption of blood or forfeiture Effect of con- 
 of estate. ^^^^«°- 
 
 1 Private property condemned to the use of a corporation is taken for a public use, because 
 the corporation is a public agent. A corporation has no right to the exclusive use of a right of 
 way that is not necessary and useful in its corporate business, and therefore such right of way 
 may be taken for another corporation engaged in the same business. Or. Cas. R. Ck). v. Bailey. 3 
 Or. 165. 
 
 2 The ordinary acceptation of the term "absconding debtor" includes an idea of secrecy. 
 Norman v. Zeiber, 3 Or. 205. This clause construed not to apply to an action for a tort or a penalty, 
 but as if it read: "There shall be no imprisonment for debt arising upon contract, express or 
 implied," except, etc. U. S. v. Walsh, 1 Deady, 285; Hanson v. Fowle, 1 Sawyer, 505. 
 7 
 
58 CONSTITUTION OF OREGON. 
 
 Sept. 18, 1857. 26. No law shall be passed restraining any of the inhabitants 
 
 Assemblages of the State from assembling together in a peaceable manner to 
 
 of the people. , „ . . .. ., . 
 
 consult for their common good; nor from instructing their repre- 
 sentatives ; nor from applying to the legislature for redress of 
 grievances. 
 
 The right to 27. The people shall have the right to bear arms for the defense 
 of themselves and the State, but the military shall be kept in 
 strict subordination to the civil power. 
 
 Quartering 28. No soldier shall, in time of peace, be quartered in any house 
 
 sol lers. without the consent of the owner, nor in time of war, except in 
 
 manner prescribed by law. 
 
 Titles of 29. No law shall be passed granting any title of nobility, or 
 
 "° ^ ' ^* conferring hereditary distinctions. 
 
 Emigration, 30. No law shall be passed prohibiting emigration from the 
 
 State. 
 
 Rights of white 31. White foreigners who are or niay hereafter become residents 
 
 oreigners. ^^ ^j^.^ State shall enjoy the same rights in respect to the posses- 
 sion, enjoyment, and descent of property as native born citizens. 
 
 What immigra- And the legislative assembly shall have power to restrain and 
 
 restrained. regulate the immigration to this State of persons not qualified to 
 become citizens of the United States, 
 
 duUes ^"*^ ^^" -^^ ^^^ ^^ duty shall be imposed without the consent of the 
 
 people or their representatives in the legislative assembly ; and all 
 taxation shall be equal and uniform.' 
 
 Enumeration 33. This enumeration of rights and privileges shall not be con- 
 
 oonstrued. strued to impair or deny others retained by the people. 
 
 Prohibition of 34. There shall be neither slavery nor involuntary servitude in 
 the State, otherwise than as a punishment for crime, whereof the 
 party shall have deen duly convicted. 
 
 Free negroes 35. No free negro or mulatto, not residing in this State at the 
 ^^' time of the adoption of this constitution, shall come, reside, or be 
 within this State, or hold any real estate, or make any contracts, 
 or maintain any suit therein ; and the legislative assembly shall 
 provide by penal laws for the removal by public officers of all such 
 negroes and mulattoes, and for their effectual exclusion from the 
 State, and for the punishment of persons who shall bring them 
 into the State, or employ or harbor them.- 
 
 1 An assessment upon the lots and blocks abutting a street for the improvement thereof is 
 not contrary to the clause requiring "taxation to be equal and unitorm." King v. City of Port- 
 land, 2 Or. 151. 
 
 -' This clause has been superseded and annulled by the XIV. amendment to the national 
 constitution. Ante, p. '62. 
 
CONSTITUTION OF OREGON. 99 
 
 ARTICLE II. 
 
 SUFFRAGE AND ELECTIONS. 
 
 Section 1. All elections shall be free and equal. Sept. 18. 1887. 
 
 Section 2. In all elections not otherwise provided for by this ^^®^"°°« ^'^«- 
 constitution, every white^ male citizen of the United States, of the of"elecSre!*°* 
 age of twenty-one years and upwards, who shall have resided in 
 the State during the six months immediately preceding such elec- 
 tion, and every white male of foreign birth, of the age of twentj'^- 
 one years and upwards, who shall have resided in this State dur- 
 ing the six months immediately preceding such election, and shall 
 have declared his intention to become a citizen of the United 
 States one year preceding such election, conformably to the laws 
 of the United States on the subject of naturalization, shall be enti- 
 tled to vote at all elections authorized by law. 
 
 Section 3. No idiot or insane person shall be entitled to the priv- idiotic, insane, 
 ileges of an elector ; and the privilege of an elector shall be for- °^ ^"^'<^'- 
 feited, by a conviction of any crime which is punishable by 
 imprisonment in the penitentiary. ^ 
 
 Section 4.^ For the purpose of voting, no person shall oe deemed Residence, 
 to have gained or lost a residence by reason of his presence or 
 absence while employed in the service of the United States, or of 
 this State ; nor while engaged in the navigation of the waters of 
 this State, or of the United States, or of the high seas ; nor while 
 a student of any seminary of learning ; nor while kept at any 
 almshouse, or other asylum, at public expense ; nor while con- 
 fined in any public prison. 
 
 Section 5. No soldier, seaman, or marine, in the army or navy soldiers, sea- 
 
 of the United States, or of their allies, shall be deemed to have ^nSnJt unvote 
 
 acquired a residence in the State in consequence of having been 
 
 stationed within the same ; nor shall any such soldier, seaman, or 
 
 marine have the right to vote. 
 
 Section 6. No negro, Chinaman, or mulatto* shall have the Negro. China- 
 
 men, etc. 
 right of suirrage. 
 
 1 The effect of the XV. amendment to the national constitution ' is to deprive the provisions 
 of the State constitution and the acts of the State legislature, restricting the exercise of the right 
 of suffrage to white persons, of all legal force and efficacy." Wood v. Fitzgerald, 3 Or. 579. 
 
 2 A person convicted of a felony is not restored to the privileges of an elector by an uncon- 
 ditional pardon. Darrah v. Bird, 3 Or. 232; contra. Wood v. Fitzgerald, Id. 573. 
 
 3 This section does not prevent a person employed in the sennce of the United States or of 
 the State from gaining a residence during such employment Darrah v. Bird, 3 Or. 239; Wood v. 
 Fitzgerald. Id. 572. 
 
 * Negroes or mulattoes born or naturalized in the United States, and subject to the jurisdic- 
 tion thereof, by virtue of the XIV. amendment, are now citizens of the United States, and the 
 State wherein they reside, and therefore by virtue of the XV. amendment are entitled to the 
 right of suffrage in this State the same as white citizens; and the same is true of all persons bom 
 or naturalized in the United States, and subject to the jurisdiction thereof. The Slaughter House 
 Cases, 16 Wall. 36. 
 
100 
 
 CONSTITUTION OF OREGON. 
 
 Bribery at 
 elections. 
 
 ing elections. 
 
 Duels. 
 
 Lucrative 
 
 Sept. 18, 1857. Section 7. Every person shall be disqualified from holding 
 office during the term for which he may have been elected, who 
 shall have given or ofTered a bribe, threat, or reward to procure his 
 election. 
 Laws concern- Section 8. The legislative assembly shall enact laws to support 
 the privilege of free sufltrage, prescribing the manner of regulating 
 and conducting election, and prohibiting, under adequate penal- 
 ties, all undue influence therein, from power, bribery, tumult, and 
 other improper conduct. 
 
 Section 9. Every person who shall give or accept a challenge 
 to fight a duel, or shall knowingly carry to another person such 
 challenge, or who shall agree to go out of the State to fight a duel, 
 shall be ineligible to any office of trust or profit. 
 
 Section 10. No person holding a^ lucrative office or appointment 
 under the United States, or under this State, shall be eligible to a 
 seat in the legislative assembly ; nor shall any person hold more 
 than one lucrative office at the same time, except as in this consti- 
 tution expressly permitted ; provided, that officers in the militia, 
 to which there is attached no annual salary, and the office of post- 
 master, where the compensation does not exceed one hundred 
 dollars per annum, shall not be deemed lucrative. 
 
 Section 11. No person who may hereafter be a collector or 
 holder of public money, shall be eligible to any office of trust or 
 profit, until he shall have accounted for and paid over, according 
 to law, all sums for which he may be liable. 
 
 Section 12. In all cases in which it is provided that an office 
 
 shall not be filled by the same person more than a certain number 
 
 of years continuously, an appointment pro tempore shall not be 
 
 reckoned a part of that term. 
 
 When electors Section 13. In all cases, except treason, felony, and breach of 
 
 and military the peace, electors shall be free from arrest in going to elections, 
 
 Collector.when 
 ineligible to 
 office. 
 
 Appointment 
 pro tempore. 
 
 duty. 
 
 General elec- 
 tions, when 
 held. 
 
 Votes to be 
 given viva 
 
 during their attendance there, and in returning from the same ; 
 and no elector shall be obliged to do duty in the militia on any day 
 of election, except in time of war or public danger. 
 
 Section 14. General elections shall be held on the first Monday 
 of June, biennially. 
 
 Section 15. In all elections by the legislative assembly, or by 
 either branch thereof, votes shall be given openly, or viva voce, 
 and not by ballot forever ; and in all elections by the people, votes 
 shall be given openly, or viva voce, until the legislative assembly 
 shall otherwise direct. 
 
 1 A deputy collector of internal revenue is such an office or appointment. Herman's case, 
 Sen. Jour. 1870, p. 32. See note to Art. VII. § 17. 
 
CONSTITUTION OF OREO' ON .1^1 
 
 Section 16. In all elections held by the people under this con- 8bpt.is,1867. 
 stitution, the person or persons who shall receive the highest num- PluniHty shall 
 ber of votes shall be declared duly elected. 
 
 Section 17. All qualified electors shall vote in the election pre- Electors, 
 cinct in the county where they may' reside, for county officers, and 
 in any county in the State for State officers, or in any county of a 
 congressional district in which such electors may reside, for mem- 
 bers of congress. 
 
 ARTICLE III. 
 
 DISTRIBUTION OF POWEKS. 
 
 Section 1. The powers of the government shall be divided into powers of 
 three separate departments— the legislative, the executive, includ-^®^®''"™®"'- 
 ing the administrative, and the judicial; and no person charged 
 with official duties under one of these departments shall exercise 
 any of the functions of another, except as this constitution ex- 
 pressly provided. 
 
 ARTICLE IV. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Section 1. The legislative authority of the State shall be vested Legislative 
 in the legislative assembly, which shall consist of a senate and*"* ^ *^* 
 house of representatives. The style of every bill shall be, "Be it style of a bill, 
 enacted by the legislative assembly of the State of Oregon," and 
 no law shall be enacted except by bill. 
 
 Section 2. The senate shall consist of sixteen, and the house of Number of 
 representatives of thirty-four members, which number shall not represeutaiivea 
 be increased until the year eighteen hundred and sixty, after which 
 time the legislative assembly may increase the number of senators 
 and representatives, always keeping, as near as may be, the same 
 ratio as to the number of senators and representatives; provided^ 
 that the senate shall never exceed thirty and the house of repre- 
 sentatives sixty members. 
 
 Section 3. The senators and representatives shall be chosen by By whom 
 
 cboscn 
 the electors of the respective counties or districts into which the 
 
 State may from time to time be divided by law. 
 
 1 A person who has no fixed place of residence is not entitled to vote anywhere, and the 
 mere passing in and out of a precinct does not constitute a residence therein, Darrah v. Bird. 3 
 Or, 233. Where an elector has in good faith resided in a county ninety days next preceding an 
 election, "but has no fixed residence or domicile in any particular precinct therein, he may vote 
 in any precinct in which he finds himself on the day of election." Wood v. Fitzgerald, 3 Or. 580. 
 
lOg,;.J|./j\-/,,;^;5,.i,-(30;^«'r/rC7r/OiV^ OF OREGON. 
 
 Sept. 18, 1857. Section 4. The senators shall be elected for the term^ of four 
 
 Term of sena- years, and representatives for the term of two years from the day 
 
 tors and repre- *' ' *^ 
 
 sentatives. next after their general election ; provided, however, that the sen- 
 ators elect, at the first session of the legislative assembly under this 
 
 Senators, how constitution, shall be divided by lot into two equal classes, as 
 nearly as may be ; and the seats of senators of the first class shall 
 be vacated at the expiration of two years, and those of the second 
 class at the expiration of four years ; so that one half, as nearly as 
 possibly, shall be chosen biennially forever thereafter. And in 
 case of the increase of the number of senators, they shall be so 
 annexed by lot to one or the other of the two classes as to keep 
 them as nearly equal as possible. 
 
 Census. Section 5. The legislative assembly shall, in the year eighteen 
 
 hundred and sixty-five, and every ten years after, cause an enumer- 
 ation to be made of all the white population of the State. 
 
 Ap'ortioumeut Section 6. The number of senators and representatives shall, at 
 the session next following an enume^ion of the inhabitants by 
 the United States or this State, be fixed by law, and apportioned 
 among the several counties according t6 the number of white 
 population in each. A.nd the ratio of senators and representatives 
 shall be determined by dividing the whole number of white popu- 
 lation of such county or district, by such respective ratios ; and 
 when a fraction shall result from such division, which shall exceed 
 one half of such ratio, such county or district shall be entitled to a 
 member for such fraction. And in case any county shall not have 
 the requisite population to entitle such cuunty to a member, then 
 such county shall be attached to some adjoining county for sena- 
 torial or representative purposes. 
 
 Senatorial dis- Section 7. A senatorial district, when more than one county 
 tricts. 
 
 shall constitute the same, shall be composed of contiguous counties, 
 
 and no county shall be divided in creating senatorial districts. 
 Qualification of Section 8. No person shall be a senator or representative who, 
 senators, etc. ^^ ^^^ ^^^^ ^^^ j^.^ election^ jg ^ot a citizen of the United States ; 
 
 nor any one who has not been for one year next preceeding his 
 election an inhabitant of the county or district whence he may be 
 chosen. Senators and representatives stiall be at least twenty-one 
 years of age. 
 When free from Section 9. Senators and representatives in all cases, except for 
 treason, felony, or breaches of the peace, shall be privileged from 
 arrest during the session of the legislative assembly, and in going 
 
 1 A ptrson elected to fill a vacancy in the office of senator is not elected for the term of four 
 years. Mosher's Case, Sen. Jour. 1872, p. 95. 
 
CONSTITUTION OF OREGON. 103 
 
 to and returning from the same ; and shall not be subject to any sept.is.isst. 
 civil process during the session of the legislative assembly,. nor SameTubjpct. 
 during the fifteen days next before the commencement thereof. 
 Nor shall a member, for words uttered in debate in either house, iTd^ba""*"^ 
 be questioned in any other place. 
 
 Section 10. The sessions of the legislative assembly shall be sessions of th« 
 held biennially at the capital of the State, commencing on the ^*illbij® 
 second Monday of September, in the year eighteen hundred and 
 fifty-eight, and on the same day of every second year thereafter, 
 unless a different day shall have been appointed by law. 
 
 Section 11. Each house, when assembled, shall choose its own Election of 
 officers, judge of the election, qualifications^ and returns of its own ° ^*"' 
 members, determine its own rules of proceeding, and sit upon its jud^g of quali- 
 owji adjournments ; but neither house shall, without the concur- ^*^*'*2? °^ ^^ 
 rence of the other, adjourn for more than three days, nor at any 
 other place than that in which it naay be sitting. 
 
 Section 12. Two thirds of each house shall constitute a quorum Quorum. 
 to do business, but a smaller number may meet, adjourn from day 
 to day, and compel the attendance of absent members. A quorum 
 being in attendance, if either house fail to effect an organization 
 within the first five days thereafter, the members of the house so 
 failing shall be entitled to no compensation from the end of the 
 five days until an organization shall have been effected. 
 
 Section 13. Each house shall keep a journal of its proceedings. Journal. . 
 The yeas and nays on any question shall, at the request of any Yeas and najr*. 
 two members, be entered, together with the names of the members 
 demanding the same, on the journal ; provided^ that on a motion 
 to adjourn, it shall require one tenth of the members present to 
 order the yeas and nays. 
 
 Section 14. The doors of each house, and of committees of the Open door». 
 
 whole, shall be kept open, except in such cases as in the opinion may"b?SSSt. 
 
 of either house may require secrecy. 
 
 Section 15. Either house may punish its members for disorderly Punishment 
 
 - , ... J 1 and expulsion 
 
 behavior, and may, with the concurrence of two thirds, expel a of members. 
 
 member ; but not a second time for the same cause. 
 
 Section 16. Either house, during its session, may punish by punishment of 
 imprisonment any person not a member who shall have been^g^b^"** * 
 guilty of disrespect to the house by disorderly or contemptuous 
 behavior in its presence, but such imprisonment shall not at any 
 time exceed twenty-four hours. 
 
 Section 17. Each house shall have all powers necessary for a General powert 
 branch of the legislative department of a free and independent 
 State. 
 
104 CONSTITUTION OF OREGON. 
 
 Se pt. 18, 1857. Section 18. Bills may originate in either house, but may be 
 originat^^^^ *®amei«ied or rejected in the other, except that bills for raising 
 
 revenue shall originate in the house of representatives. 
 Reading of Section 19. Every bill shall be read by sections, on three sev- 
 
 en final passage eral days, in each house, unless, in case of emergency, two thirds 
 of the house where such bill may be depending shall, by a vote of 
 yeas and nays, deem it expedient to dispense with this rule ; but 
 the reading of a bill by sections on its final passage shall in no case 
 be dispensed with, and the vote on the passage of every bill or 
 joint resolution shall be taken by yeas and nays. 
 Subject and Section 20. Every act shall embrace but one subject, and mat- 
 
 titie of act. ^^j,g properly connected therewith, which subjects shall be expressed 
 in the title.^ But if any subject shall be embraced in an act which 
 shall not be expressed in the title, such act shall be void only as 
 to so much thereof as shall not be expressed in the title. 
 
 Act to be plain- Section 21. Every act and joint resolution shall be plainly 
 ly worded. 
 
 worded, avoiding as far as practicable the use of technical terms. 
 
 Mode of revis- Section 22. No act shall ever be revised or amended by mere 
 
 ment.^ ^ " reference to its title, but the act revised or section amended shall 
 
 be set forth and published at full length.^ 
 
 What local or Section 23. The legislative assembly shall not pass special or 
 
 to be passed, local laws in any of the following enumerated cases, that is to say, — 
 
 1. Regulating the jurisdiction and duties of justices of the 
 peace, and of constables.-^ 
 
 2. For the punishment of crimes and misdemeanors. 
 
 3. Regulating the practice in courts of justice. 
 
 4. Providing for changing the venue in civil and criminal 
 cases. 
 
 5. Granting divorces. 
 
 6. Changing the names of persons. 
 
 7. For laying, opening, and working on highways, and for the 
 election or appointment of supervisors. 
 
 8. Vacating roads, town plats, streets, alleys, and public squares. 
 
 9. Summoning and empaneling grand and petit jurors. 
 
 . 1 The object of this provision evidently was to prevent matters wholly foreign and discon- 
 nected from the subject expressed in the title from being inserted in the act. Simpson v. Bailey, 
 3 Or. 517. 
 
 2 Where an act or section thereof is revised or amended it is not necessary to set forth and 
 publish such act or section only as revised or amended. Noland v. Costello, 2 Or. 58; Portland v. 
 Stock, Id. 72. A repeal of an act or section thereof is not a revision or amendment of the same, 
 and therefore is not within this clause. Bird v. Wasco, 3 Or. 284, 
 
 3 This clause does not prevent the legislature from conferring upon the judge of a municipal 
 court the power and authority of a justice of the peace within the municipal limits. Ryan v. 
 Harris, 2 Or. 176; Craig v. Mosier, Id. 324; State v. Wiley, Ses. Laws, 1872, p. 421. 
 
CONbTlTUTION OF OREGON. 105 
 
 10. For the assessment and cx)llection of taxes for state, county, Sept. is, 1857. 
 township, or road purposes. Same Hobject 
 
 11. Providing for supporting common schools, and for the pres- 
 ervation of school funds. 
 
 12. In relation to interest on money. 
 
 13. Providing for opening and conducting the elections of 
 State, county, or township officers, and designating the places of 
 voting. 
 
 14. Providing for the sale of real estate belonging to minors or 
 other persons laboring under legal disabilities by executors, admin- 
 istrators, guardians, or trustees. 
 
 Section 24. Provision may be made by general law for bringing Suit against the 
 suit against the State, as to all liabilities originating after or exist- " 
 ing at the time of the adoption of this constitution; but no special 
 act authorizing such suit to be brought, or making compensation 
 to any person claiming damages against the State, shall ever be 
 
 Section 25. A majority of all the members elected to each Majority neces- 
 sary to pass a 
 house shall be necessary to pass every bill or joint resolution; and bill. 
 
 all bills and joint resolutions so passed shall be signed by the pre- byl^aler"*^ 
 
 siding officers of the respective houses. 
 
 Section 26. Any member of either house shall have the right to Protest. 
 
 protest, and have his protest, with his reasons for dissent, entered 
 
 on the journal. 
 
 Section 27. Every statute shall be a public law, unless other- what sutute a 
 •^ public law. 
 
 wise declared in the statute itself. 
 
 Section 28. No act shall take effect until ninety days from the When act to 
 
 take efTect 
 end of the session at which the same shall have been passed, except 
 
 in case of emergency; which emergency shall be declared in the 
 
 preamble or in the body of the law. 
 
 Section 29. The members of the legislative assembly shall Comp^»Uon 
 
 receive for their services a sum not exceeding three dollars a day 
 
 from the commencement of the session; but such pay shall not 
 
 exceed in the aggregate one hundred and twenty dollars for per 
 
 diem allowance for any one session. When convened in extra 
 
 session by the Governor, they shall receive three dollars per day; 
 
 but no extra session shall continue for a longer period than twenty 
 
 days. They shall also receive the sum of three dollars for every 
 
 twenty miles they shall travel in going to and returning from their 
 
 place of meeting, on the most usual route. The presiding officers 
 
 of the assembly shall, in virtue of their office, receive an additional 
 
 compensation equal to two thirds of their per diem allowance as 
 
 members. 
 
106 CONSTITUTION OF OREGON 
 
 Sept. IS, 1857. Section 30. No senator or representative shall, during the time 
 
 When mem- for which he may have been elected, be eligible to any office, the 
 ber not eligible ^ » & .r j 
 
 to office, election to which is vested in the legislative assembly ; nor shall he 
 
 be appointed to any civil office of profit which shall have been 
 
 created, or the emoluments of which shall have been increased 
 
 during such term, but this latter provision shall not be construed 
 
 to apply to any officer elective by the people. 
 
 Oath of mem- Section 31. The members of the legislative assembly shall, 
 
 before they enter on the duties of their respective offices, take and 
 
 subscribe the following oath or affirmation : — 
 
 I do solemnly swear (or affirm, as the case may be,) that I will 
 support the constitution of the United States and the constitution 
 of the State of Oregon, and that I will faithfully discharge the 
 duties of senator (or representative, as the case may be,) according 
 to the best of my ability. 
 
 And such oath may be administered by the Governor, Secretary 
 of State, or judge of the supreme court^X 
 
 ARTICLE V. 
 
 EXECUTIVPJ DEPARTMENT. 
 
 Executive Section 1. The chief executive power of the State shall be 
 
 power. vested in a Governor, who shall hold his office for the term of four 
 
 Term of office, years ; and no person shall be eligible to such office more than 
 
 eight in any period of twelve years. 
 Q\miifications Section 2. No person, except a citizen of the United States, 
 ot Governor. gjjaU \^q eligible to the office of Governor, nor shall any person be 
 
 eligible to that office who shall not have attained the age of thirty 
 
 years, and who shall not have been three years next preceding his 
 
 election a resident within this state. 
 Who not eligl- Section 3. No member of congress, or person holding any 
 
 office under the United States or under this State, or under any 
 
 other power, shall fill the office of Governor; except as may be 
 
 otherwise provided in this constitution. 
 Flection of Section 4. The Governor shall be elected by the qualified 
 
 Governor. 
 
 electors of the vState at the times and places of choosing members 
 of the legislative assembly, and the returns of every election for 
 Governor shall be sealed up and transmitted to the Secretary of 
 State, directed to the speaker of the house of representatives, who 
 shall open and publish them in the presence of both houses of the 
 legislative assembly. 
 
CONSTITUTION OF OREGON. 107 
 
 Section 5. The person having the highest number of votes for Sept. w, 1857. 
 Governor shall be elected; but in case two or more persons 8hainn"^«of«ileI 
 have an equal and the highest number of votes for Governor, the 
 two houses of the legislative assembly, at the next regular session 
 thereof, shall forthwith, by joint vote, proceed to elect one of the 
 said persons Governor. 
 
 Section 6. Contested elections for Governor shall be determined contested eiec- 
 by the legislative assembly in such manner as may be prescribed 
 by law. 
 
 Section 7. The official term of the Governor shall be four years, Term of office, 
 and shall commence at such times as may be provided by this con- 
 stitution or prescribed by law. 
 
 Section 8. In case of the removal of the (xovernor from office, in case of v»- 
 
 cancy or disa- 
 or of his death, resignation, or inability to discharge the duties of ability. 
 
 the office, the same shall devolve upon the Secretary of State; and 
 
 in case of the removal from office, death, resignation, or inability, 
 
 both of the Governor and Secretary of State, the president of the 
 
 senate shall act as Governor until the disability be removed or a 
 
 Governor be elected. 
 
 Section 9. The Governor shall be commander-in-chief of the Governor com - 
 
 mauder-chiei. 
 military and naval forces of this State, and may call out such 
 
 forces to excute the laws, to suppress insurrection, or to repel 
 
 invasion. 
 
 Section 10. He shall take care that the laws be faithfully exe- T^;^j>^e^c^ 
 CUted. *»^ executed. 
 
 Section 11. He shall, from time to time, give to the legislative 
 
 assembly information touching the condition of the State, and 
 
 recommend such measures as he shall judge to be expedient. 
 
 Section 12. He may, on extraordinary occasions, convene the May convene 
 
 . , ,, . ^ . , the legislature, 
 
 legislative assembly by proclamation, and shall state to both 
 
 houses, when assembled, the purpose for which they shall have 
 
 convened. 
 
 Section 13. He shall transact all necessary business with the To tranNwit all 
 
 . . A.' ' •*• necessary buai- 
 
 officers of government, and may require information m writing ne«s with offi- 
 
 from the officers of the administrative and military departments **"* 
 
 upon any subject relating to the duties of their respective offices. 
 
 Section 14. He shall have power to grant reprieves, coram uta- May^^graiure- 
 
 tions, and pardons, after conviction, for all offenses except treason, aons. eic. 
 
 subject to such regulations as may be provided by law. Upon 
 
 conviction for treason, he shall have the power to suspend the 
 
 execution of the sentence until the case shall be reported to the 
 
 legislative assembly, at its next meeting, when the legislative 
 
108 
 
 CONSTITUTION OF OREGON. 
 
 Sept. 18. 1857. 
 
 Same subject. 
 
 Veto power. 
 
 Reconsidera- 
 tion. 
 
 assembly shall either grant a pardon, commute the sentence, direct 
 the execution of the sentence, or grant a further reprieve. He shall 
 have power to remit fines and forfeitures, under such regulations 
 as may be prescribed by law; and shall report to the legislative 
 assembly, at its next meeting, each case of reprieve, commutation, 
 or pardon granted, and the reason for granting the same; and also 
 the names of all persons in whose favor remission of fines and for- 
 feitures shall have been made, and the several amounts remitted. 
 
 Section 15. Every bill which shall have passed the legislative 
 assembly shall, before it becomes a law, be presented to the Gov- 
 ernor; if he approve, he shall sign it; but if not, he shall return 
 it with his objections to that house in which it shall have origin- 
 ated, which house shall enter the objections at large upon the 
 journal and proceed to reconsider it. If, after such reconsideration, 
 two[;thirds of the members present shall agree to pass the bill, it 
 shall be sent, together with the objections, to the other house, by 
 which it shall likewise be reconsidered, and if approved by two 
 thirds of the members present, it shall become a law. But in all 
 
 Vote to be by such cases the votes of both houses shall be determined by yeas 
 yeas and nays. , , ,, „ ^, , ,. „ . , 
 
 and nays, and the names of the members voting for or against the 
 
 bill shall be entered on the journal of each house respectively; if 
 any bill shall not be returned by the Governor within five days 
 (Sundays excepted) after it shall have been presented to him, it 
 shall be a law without his signature, unless the general adjourn- 
 ment shall prevent its return, in which case it shall be a law, unless 
 the Governor, within five days next after the adjournment ( Sun- 
 days excepted ) shall file such bill, with his objections thereto, in 
 the office of the Secretary of State, who shall lay the same before 
 the legislative assembly at its next session, in like manner as if it 
 had been returned by the Governor. 
 
 Governor to fill Section 16. When, during a recess of the legislative assembly, 
 vacancies by i o g ji 
 
 appointment, a vacancy shall happen in any office, the appointment of which is 
 
 vested in the legislative assembly, or when at any time a vacancy 
 
 shall have occurred in any other State office, or in the office of 
 
 judge of any court, the Governor shall fill such vacancy by 
 
 appointment, which shall expire when a successor shall have been 
 
 elected and qualified.^ 
 
 Issue writs of Section 17. He shall issue writs of election to fill such vacancies 
 
 as may have occurred in the legislative assembly. 
 
 1 In case of a vacancy in the office of county judge, the appointment by the Governor is not 
 for any unexpired term, but until a successor is elected and qualified, which may be done at the 
 next general election ; and the person then chosen is entitled to hold the office for the term of 
 four years thereafter. State ex rel. v. Johns, 3 Or. 534. 
 
CONSTITUTION OF OREGON. 109 
 
 Section 18. All commissions shall issue in the name of the 8ept.18,i»7. 
 State, shall be signed by the Governor, sealed with the seal of the CommlwionT. ~ 
 State, and attested by the Secretary of State. 
 
 ARTICLE VI. 
 
 ADMINISTRATIVE DEPARTMENT. 
 
 Section 1. There shall be elected by the qualified electors of the Kiection of Sec- 
 State, at the time and places of choosing members of the legislative TrelSure^of 
 assembly, a Secretary and Treasurer of State, who shall severally ^^**- 
 hold their offices for the term of four years; but no person shall 
 be eligible to either of said offices more than eight in any period of 
 twelve years. 
 
 Section 2. The Secretary of State shall keep a fair record of secretary of 
 the official acts of the legislative assembly and executive depart- ^^^" 
 ment of the State; and shall, when required, lay the same and all 
 matters relative thereto before either branch of the legislative 
 assembly. He shall be by virtue of his office auditor bf public 
 accounts, and shall perform such other duties as shall be assigned 
 him by law. 
 
 Section 3. There shall be a seal of State, kept by the Secretary seal of state. 
 
 of State for official purposes, which shall be called *' The seal of the 
 
 State of Oregon." 
 
 Section 4. The power and duties of the Treasurer of State shall Powers aud 
 
 duties of treas- 
 be such as may be prescribed by law. urer. 
 
 Section 5. The Governor, and the Secretary, and Trea^^urer of office and re- 
 state shall severally keep the public records, books, and papers in uve officers, 
 any nianner relating to their respective offices at the seat of gov- 
 ernment, at which place also the Secretary of State shall reside. 
 
 Section 6. There shall be elected in each county, by the qualified County officers. 
 electors thereof, at the time of holding general elections, a county 
 clerk, treasurer, sheriff, coroner, and surveyor, who shall severally 
 hold their offices for the term of two years. 
 
 Section 7. Such other county, township, precinct, and city other officers, 
 officers as may be necessary shall be elected or appointed in such 
 manner as may be prescribed by law. 
 
 Section 8. No person shall be elected or appointed to a county g^^JJ^^^J^^J^JJ®' 
 office who shall not be an elector of the county; and all county, 
 township, precinct, and city officers shall keep their respective 
 offices at such places therein, and perform such duties as may be 
 prescribed by law. 
 
110 CONSTITUTION OF OREGON 
 
 • Sept. 18. 1857. Section 9. Vacancies in county, township, precinct, and city 
 Vacancies. offices shall be filled in such manner as may be prescribed by law. 
 
 Justices of. 
 
 ARTICLE VII. 
 
 JUDICIAL DEPARTMENT. 
 
 Judicial power Section 1. The judicial power of the State shall be vested in a 
 whom vested!" supreme court, circuit courts, and county court, which shall be 
 courts of record, having general jurisdiction, to be defined, limited, 
 and regulated by law in accordance with this constitution. Jus- 
 Municipal tices of the peace may also be invested with limited judicial powers;^ 
 and municipal courts"^ may be created to administer the regulations 
 of incorporated towns and cities. 
 Supreme courc. Section 2. The supreme court shall consist of four justices,-^ to 
 be chosen in districts by the electors thereof, who shall be citizens 
 of the United States, and who shall have resided in the State at 
 least three years next preceding their election, and after their 
 election to reside in their respective districts. The number of 
 justices and districts maybe increased, hut shall not exceed five 
 until the white population of the State shall amount to one hun- 
 dred thousand, and shall never exceed seven; and the boundaries 
 of districts may be changed, but no change of district shall have 
 the effect to remove a judge from office, or require him to change 
 his residence without his consent. 
 Term of office. Section 3. The judges first chosen under this constitution shall 
 allot among themselves their terms of office, so that the term of 
 one of them shall expire in two years, one in four years, and two 
 in six years, and thereafter one or more shall be chosen every two 
 years, to serve for the term of six years. 
 Vacancy. Section 4. Every vacancy in the office of judge of the supreme 
 
 court shall be filled by election for the remainder of the vacant 
 term, unless it would expire at the next election, and until so filled, 
 or when it would so expire, the Governor shall fill the vacancy by 
 appointment. 
 
 whoto be chief Section 5. The judge who has the shortest term to serve, or the 
 justice. "^ ^ 
 
 oldest of several having such shortest term and not holding by 
 
 appointment, shall be the chief justice. 
 
 1 Whether the jurisdiction of a justice of the peace shall be limited to JlOO or $250, is left by 
 this clause to the discretion of the legislature. Noland v. Costello, 2 Or. 58. 
 
 2 The legislature may confer upon the judge of a municipal court the power and authority 
 of a justice of the peace. Ryan v. Harris, 2 Or. 176; Craig v. Mosier, Id. 324; State v. Wiley, Ses. 
 Laws, 1872, p. 421. 
 
 =' The number of justices of the Supreme Court was increased to tive by act of the assembly, 
 Omobcr 11, 1862. 
 
CONSTITUTION OF OREGON. lU 
 
 Section 6. The supreme court shall have jurisdiction only to 8ept.w.i».7. 
 revise the final decisions of the circuit courts; and every cause shall JurUdlctlon. 
 be tried and every decision shall be made by those judges only, or 
 a majority of them, who did not try the cause or make the decision 
 in the circuit court. 
 
 Section 7. The terms of the supreme court shall be appointed Terme of 
 by law, but there shall be one term at the seat of government *"^"'™® *^*^^' 
 annually. And at the close of each term the judges shall file with 
 the Secretary of State concise written statements of the decisions 
 made at that term. 
 
 Section 8. The circuit court shall be held twice, at least, in each <^*ircuH courts. 
 year in each county organized for judicial purposes by one of the 
 justices of the supreme court at times to be appointed by law, 
 and at such other times as may be appointed by the judges sever- 
 ally in pursuance of law. 
 
 Section 9. All judicial power, authority, and jurisdiction not JuriMliciioD. 
 vested by this constitution or by laws consistent therewith exclu- 
 sively in some other court shall belong to the circuit courts, 
 and they shall have appellate jurisdiction and supervisory control 
 over the county courts and all other inferior courts, officers, and 
 tribunals. 
 
 Section 10. When the white population of the State shall when sopreme 
 
 and circuit 
 amount to two hundred thousand, the legislative assembly may judges may be 
 
 provide for the election of supreme and circuit judges in distinct tinct classes. 
 
 classes, one of which classes shall consist of three justices of the 
 
 supreme court who shall not perform circuit duty, and the other 
 
 class shall consist of the necessary number of circuit judges who py^^^j, ^^^ 
 
 shall hold full terms without allotment, and who shall take the 
 
 same oath as the supreme judges. 
 
 Section 11. There shall be elected in each county, for the term Conuty court, 
 of four years, a county judge, who shall hold the county court at 
 times to be regulated by law.^ 
 
 Section 12. The county court shall have the jurisdiction j^er- Jurisdiction, 
 taining to probate courts and boards of county commissioners, and 
 such other powers and duties and such civil jurisdiction not ex- 
 ceeding the amount of value of five hundred dollars, and such 
 criminal jurisdiction not extending to death or imprisonment in eommissioneni 
 the penitentiary as may be prescribed by law. But the legislative «f ~°"' J" 
 assembly may provide for the election of two commissioners to sit 
 
 1 Under this section "the term attaches to the person," and any one elected a county judge 
 is chosen for the full period of four years, and not merely to fill an unexpired portion of the four 
 years for which a predecessor may have been chosen. State ex rel. v. Johns, 3 Or. 538. 
 
,112 CONSTITUTION OF OREGON. 
 
 Sept. 18, 1857. with the county judge while transacting county business in any 
 Same subject, qj. ^,11 the counties, or may provide a separate board for transacting 
 
 such business. 
 Writs granted Section 13. The county judge may grant preliminary injunc- 
 tions and such other writs as the legislative assembly may authorize 
 him to grant, returnable to the circuit court, or otherwise, as may 
 be provided by law; and may hear and decide questions arising 
 
 „ ^ upon habeas corpus; provided, such decision be not against the 
 
 Habeas corpus. j^ / ^ i o 
 
 authority or proceedings of a court or judge of equal or higher 
 
 jurisdiction. 
 
 Expenses of Section 14. The counties having less than ten thousand white 
 
 court in certain 
 
 counties. inhabitants shall be reimbursed, wholly or in part, for the salary 
 
 and expenses of the county court, by fees, percentage, and other 
 
 equitable taxation of the business done in said court, and in the 
 
 office of the county clerk. 
 
 Election of Section 15. A county clerk shall be elected in each county for 
 
 county clerk, 
 
 etc. the term of two years, who shall keep all the public records, books, 
 
 and papers of the county, record conveyances, and perform the 
 
 duties of clerk of the circuit and county courts, and such other 
 
 duties as may be prescribed by law; but Avhenever the number of 
 
 Legislature voters in any county shall exceed twelve hundred, the legislative . 
 
 duties of co'nty assembly may authorize the election of one person as clerk of the 
 
 ^ ^^ ' circuit court, one person as clerk of the county court, and one per- 
 
 son recorder of conveyances. 
 
 Sheriff. Section 16. A sheriff shall be elected in each county for the 
 
 term of two years, who shall be the ministerial officer of the circuit 
 
 and county courts, and shall perform such other duties as may be 
 
 prescribed by law. 
 
 Prosecuting Section 1 7. There shall be elected by districts, comprised of one 
 £L b to rii Gy s • 
 
 or more counties, a sufficient number of prosecuting attorneys,^ 
 
 who shall be the law officers of the State, and of the counties 
 
 within their respective districts, and shall perform such duties 
 
 pertaining to the administration of law and general police as the 
 
 legislative assembly may direct. 
 
 Jurors. Section 18. The legislative assembly shall so provide that the 
 
 most competent of the permanent citizens of the county shall be 
 
 chosen for jurors; and out of the whole number in attendance at 
 
 the court seven shall be chosen by lot as grand jurors, five of whom 
 
 must concur to find an indictment. But the legislative assembly 
 
 may modify or abolish grand juries. 
 
 ^ The duties of the office of prosecuting attorney and United States district attorney are 
 incompatible, and the acceptance of the latter by a person holding the former will be deemed a 
 resignation thereof. State ex rel. v. Gibbs, Or. Sup. Court, Jan. Term, 1873. 
 
CONSTITUTION OF OREGON 113 
 
 Section 19. Public officers shall not be impeached; butiDcom- 8eit.i8,i»7. 
 
 petency, corruption, malfeasance, or delinquency in office mav be Official deUn- 
 ^. i A ' i.x, ..,«. quencle*. 
 
 tried in the same manner as crimmal offenses, and judgment may 
 
 be given of dismissal from office and such further punishment as 
 
 may have been prescribed by law. 
 
 Section 20. The Governor may remove from office a judge of Removal of 
 the supreme court, or prosecuting attorney, upon the joint reaolu-^"^*®** 
 tion of the legislative assembly, of which two thirds of the members 
 elected to each house shall concur, for incompetency, corruption, 
 malfeasance, or delinquency in office, or other sufficient cause stated 
 in such resolution. 
 
 Section 21. Every judge of the supreme court, before entering oath of offloe. 
 upon the duties of his office, shall take and subscribe and transmit 
 to the Secretary of State the following oath: 
 
 *• I, , do solemnly swear ( or affirm ) that I will sup- 
 port the constitution of the United States and the constitution of 
 the State of Oregon, and that I will faithfully and impartially 
 discharge the duties of a judge of the supreme and circuit courts 
 of said State, according to the best of my ability, and that I will 
 not accept any other office except judicial offices during the term 
 for which I have been elected." 
 
 ARTICLE VIII. 
 
 EDUCATION AND SCHOOL LANDS. 
 
 Section 1. The Governor shall be Superintendent of Public su^rintend'nt 
 Instruction, and his powers and duties in that capacity shall be instrucUon. 
 such as may be prescribed by law; but after the term of five years 
 from the adoption of this constitution it shall be competent for the 
 legislative assembly to provide by law for the election of a super- 
 intendent, to provide for his compensation, and prescribe his powers 
 and duties. 
 
 Section 2. The proceeds of all the lands which have been or common seho'l 
 hereafter may be granted to this State for educational purposes 
 ( excepting the lands heretofore granted to and [ aid ] in the estab- 
 lishment of a university ) ; all the moneys and clear proceeds of all 
 property which may accrue to the State by escheat or forfeiture; 
 all moneys which may be paid as exemption from nailitary duty; 
 the proceeds of all gifts, devices, and bequests made by any person 
 to the State for common school purposes; the proceeds of all prop- 
 erty granted to the State when the purposes of such grant shall 
 not be stated; all the proceeds of the five hundred thousand acres 
 8 
 
114 CONSTITUTION OF OREGON. 
 
 Sept. 18, 1857. of land to which this State is entitled by the provisions of an 
 Same subject, act of congress entitled "An act to appropriate the proceeds of the 
 sales of the public lands and to grant preemption rights, approved 
 September 4, 1841 , " and also the five per centum of the net proceeds 
 of the sales of the public lands to which this State shall become 
 entitled on her admission into the Union ( if congress^ shall consent 
 to such appropriation of the two grants last mentioned ), shall be 
 set apart as a separate and irreducible fund, to be called the common 
 school fund, the interest of which, together with all other revenues 
 derived from the school land mentioned in this section, shall be 
 exclusively applied to the support and maintenance of common 
 schools in each school district, and the purchase of suitable libra- 
 ries and apparatus therefor. 
 
 System of com- Section 3. The legislative assembly shall provide by law for 
 mon schools. ,,,,,., , , 
 
 the establishment of a uniform and general system of common 
 
 schools. 
 Distribution of Section 4. Provision shall be made by law for the distribution 
 school fund. ^^ ^j^^ income of the common school fund among the several coun- 
 ties of the State in proportion \o the number of children resident 
 therein between the ages of four and twenty years. 
 Sale of school Section 5. The Governor, Secretary of State, and State Treas- 
 ands. ^j.^j. gjjall constitute a board of commissioners for the sale of school 
 
 and university lands, and for the investment of the funds arising 
 therefrom, and their powers and duties shall be such as may be 
 prescribed by law; provided^ that no part of the university funds, 
 or of the interest arising therefrom, shall be expended until the 
 period of ten years from the adoption of this constitution, unless 
 the same shall be otherwise disposed of by the consent of congress 
 for common school purposes. 
 
 ARTICLE IX. 
 
 FINANCE. 
 
 Assessment Section 1. The legislative assembly shall provide by law for 
 
 and taxation. ^jjjifQ^^^ and equal rate of assessment and taxation ;2 and shall pre- 
 
 1 On February 9, 1871, congress passed a joint resolution assenting to such appropriation as 
 follows : Joint resolution relative to school lands in the State of Oregon. Be it enacted, etc. That 
 congress hereby assents to the application of the 500,000 acres of land granted to the State of Ore- 
 gon Dy the act of congress, approved September 4, 1841, to the support of common schools, as pro- 
 vided in g 2, article VIII. lof the constitution of said State; provided, that nothing herein shall 
 influence the construction or effect of the act admitting said State into the Union, as to said appli> 
 cation (16 Stat. 595.) 
 
 2 An assessment upon the lots and blocks abutting a street for the improvement thereof is 
 not unequal and ununiform assessment and taxation. King v. Portland, 2 Or. 151. 
 
CONSTITUTION OF OREGON. 115 
 
 scribe such regulations as shall secure a just valuation for taxation 8iit.i8,18S7. 
 of all property, both real and personal, excepting such only for 8«wne subjeet. ' 
 municipal, educational, literary, scientific, religious, or charitable 
 purposes as may be specially exempted by law. 
 
 Section 2. The legislative assembly shall provide for raising current 
 revenue sufficient to defray the expenses of the State for each ^"P®"^*- 
 fiscal year, and also a sufficient sum to pay the interest on the 
 State debt, if there be any. 
 
 Section 3. No tax shall be levied except in pursuance of law, Law levying 
 and every law imposing a tax shall state distinctly the object of **^" 
 the same, to which only it shall be applied. 
 
 Section 4. No money shall be drawn from the treasury but in How money 
 pursuance of appropriations made by law. rawn. 
 
 Section 5. An accurate statement of the receipts and expendi- Publication, 
 tures of the public money shall be published with the laws of each 
 regular session of the legislative assembly. 
 
 Section 6. Whenever the expenses of any fiscal year shall Tax for defi- 
 exceed the income, the legislative assembly shall provide for levy- °*®°*^'' 
 ing a tax for the ensuing fiscal year, sufficient, with other sources 
 of income, to pay the deficiency, as well as the estimated expense 
 of the ensuing fiscal year. 
 
 Section 7. Laws making appropriations for the salaries of public a ppropriationi 
 officers and other current expenses of the State shall contain pro- 
 visions upon no other subject. 
 
 Section 8. All stationery required for the use of this State shall stationenr, 
 
 how furnished, 
 be furnished by the lowest responsible bidder, under such regula- 
 tions as may be prescribed by law. But no State officer or member 
 of the legislative assembly shall be interested in any bid or contract 
 for furnishing such stationery. 
 
 ARTICLE X. 
 
 ' MIIjITIA. 
 
 Section 1. The militia of this State shall consist of all able-MiUtia. 
 bodied male citizens between the ages of eighteen and forty-five 
 years, except such persons as now are or hereafter may be exempted 
 by the laws of the United States or of this State. 
 
 Section 2. Persons whose religious tenets or conscientious scru- who exempt, 
 pies forbid them to bear arms shall not be compelled to do so in 
 time of peace, but shall pay an equivalent for personal service. 
 
 Section 3. The Governor shall appoint the adjutant-general officers. 
 
116 CONSTITUTION OF OREGON 
 
 Sept. 18, 1857. and the other chief officers of the general staff and his own staff/ 
 Same subject, ^j^j ^11 officers of the Une shall be elected by the persons subject 
 
 to military duty in their respective districts, 
 staff officers. Section 4. The majors-general, brigadiers-general, colonels, or 
 commandants of regiments, battalions, or squadrons, shall severally 
 comm??s^ion* appoint their staff officers, and the Governor shall commission all 
 
 officers of the line and staff ranking as such. 
 Legislature to Section 5. The legislative assembly shall fix by law the method 
 tions^formiKtia of dividing the militia into divisions, brigades, regiments, battal- 
 ions, and companies, and make all other needful rules and regula- 
 tions in such manner as they may deem expedient, not incompat- 
 ible M'ith the constitution or laws of the United States or of the 
 constitution of this State, and shall fix the rank of all staff officers, 
 
 ARTICLE XI. 
 
 CORPORATIONS AND INTERNAL IMPROVEMENTS. 
 
 Prohibition of Section 1. The legislative assembly shall not have the power to 
 ^^ ^' establish or incorporate any bank or banking company, or mon- 
 
 eyed institution whatever; nor shall aoy bank, company, or 
 institution exist in the State with the privilege of making, issuing, 
 or putting into circulation any bill, check, certificate, promissory 
 note, or other paper, or the paper of any bank, company, or person 
 to circulate as money. 
 Corporations to Section 2. Corporations may be formed under general laws, but 
 der ^general ^^' shall not be created by special laws, except for municipal purposes. 
 laws. ^\i laws passed pursuant to this section may be altered, amended, 
 
 Municipal cor- qj. repealed, but not so as to impair or destroy any vested corporate 
 
 rights. 
 Liabiiit of Section 3. The stockholders of all corporations and joint stock 
 
 stockholders, companies shall be liable for the indebtedness of said corporation 
 to the amount of their stock subscribed and unpaid, and no more. 
 Compensation Section 4. No person's property shall be taken by any corpora- 
 taken by cor- tion, under authority of law, without compensation^ being first 
 poration. made or secured, in such manner as may be prescribed by law. 
 
 Restrictions Section 5. Acts of legislative assembly incorporating towns and 
 pafcorpora-^ cities shall restrict their powers of taxation, borrowing money, 
 tions. contracting debts, and loaning their credit.^ 
 
 1 Compensation for property appropriated to the use of a corporation consists ( 1 ) of the actual 
 value of the parcel appropriated, and ( 2) of the excess of damages, if any, to the residue of the 
 property, over the benefits thereto, by reason of such appropriation. Willamette Falls L. & Co. v. 
 Kelly, Or. 101. 
 
 - § 135 of the act incorporating Portland prohibited the city from contracting an indebtedness 
 exceeding $50,000; held, that an ordinance assuming a liability of $350,000, to be paid in semi- 
 annual installments in the course of twenty years, although it provided for the payment of such 
 installment by the levy of taxes as they fell due, was in violation of such section and void. 
 Coulsen et ux. v. Portland, 1 Deady, 496. 
 
CONSTITUTION OF OREGON, 117 
 
 t8,l»7 
 
 Section 6. The State shall not subscribe to or be interested In 
 the stock of any company, association, or corporation. SutejwTto'be 
 
 Section 7. The legislative assembly shall not loan the credit of in company, 
 the State, nor in any manner create any debts or Habilities which s2uf n*ot to*be 
 shall singly or in the aggregate with previous debts or liabilities 'o*"«<i- 
 exceed the sum of fifty thousand dollars, except in case of war, or LJmiution 
 to repel invasion or suppress insurrection; and every contract of SPcontwSing' 
 indebtedness entered into or assumed by or on behalf of the State, ^^^^' 
 when all its liabilities and debts amount to said sum, shall be yoid 
 and of no effect. 
 
 Section 8. The State shall never assume the debt of any county, state not to 
 town, or other corporation whatever, unless such debt shall have debpi. onie«. 
 been created to repel invasion, suppress insurrection, or defend the 
 State in war. 
 
 Section 9, No county, city, town, or other municipal corpora- Municipal cor- 
 tion, by vote of its citizens or otherwise, shall become a stockholder 
 in any joint stock company, corporation, or association whatever, 
 or raise money for or loan its credit to or in aid of any such com- 
 pany, corporation, or association. 
 
 Section 10. No county shall create any debts or liabilities which Limitation 
 
 , , * ^ XI. J "P"" powers of 
 
 shall sinarlv or in the aggregate exceed the sum of five thousand counties tocon- 
 
 . .. , . . u * *u tract AehX*. 
 
 dollars, except to suppress msurrection or repel mvasion; but the 
 debts of any county, at the time this constitution takes efiect, 
 shall be disregared in estimating the sum to which such county is 
 limited. 
 
 ARTICLE XII. 
 
 STATE PRINTER. 
 
 Section 1. There shall be elected by the qualified electors of the sute Printer. 
 State, at the times and places of choosing members of the legisla- 
 tive assembly, a State Printer, who shall hold office for the term of 
 four years. He shall perform all the public printing for the State 
 which may be provided by law. The rates to be paid to him for 
 such printing shall be fixed by law, and shall neither be increased 
 nor diminished during the term for which he shall have been 
 elected. He shall give security for the performance of his duUes 
 as the legislative assembly may provide. 
 
 ARTICLE XIII. 
 
 SALARIES. 
 
 Section L The Governor shall receive an annual salary of|^jri^jf^ 
 fifteen hundred dollars. The Secretary of State shaU receive an 
 
118 CONSTITUTION OF OREGON 
 
 S ept. 18, 1857. annual salary of fifteen hundred dollars. The Treasurer of State 
 Same subject, ^hall receive an annual salary of eight hundred dollars. The 
 
 y judges of the supreme court shall receive an annual salary of two 
 
 thousand dollars. They shall receive no fees or perquisites what- 
 ever for the performance of any duties connected with their 
 respective offices ; and the compensation of officers, if not fixed by 
 this constitution, shall be provided by law. 
 
 ARTICLE XIV. 
 
 SEAT OF GOVERNMENT. 
 
 Seat of govern- Section 1. The legislative assembly shall not have power to 
 
 ment, location 
 
 of. establish a permanent seat of government for this State. But at 
 
 the first regular session after the adoption of this constitution, the 
 legislative assembly shall provide by law for the submission to the 
 electors of this State, at the next general election thereafter, the 
 matter of the selection of a place for a permanent seat of govern- 
 ment ; and no place shall ever be the seat of government under 
 such law which shall not receive a majority of all the votes cast 
 on the matter of such election. ^ 
 
 state house. Section 2. No tax shall be levied or money of the State expended 
 or debt contracted for the erection of a State house prior to the 
 year eighteen hundred and sixty-five. 
 
 Seat of govern- Section 3. The seat of government, when established as provided 
 
 removed.^^ ill section one, shall not be removed for the term of twenty years 
 from the time of such establishment ; nor in any other manner 
 than as provided in the first section of this article ; provided^ that 
 
 Public institu- all the public institutions of the State, hereafter provided for by 
 
 of. ' the legislative assembly, shall be located at the seat of govern- 
 
 ment. 
 
 ARTICLE XV. 
 
 MISCELLANEOUS. 
 
 Section 1. All officers, except members of the legislative assem- 
 bly, shall hold their offices until their successors are elected and 
 qualified. 
 
 1 By act of October 19, 1860, the location of the seat of government was submitted to the 
 popular vote at the next general election in June, 1862, and every general election thereafter, until 
 " some one point " should receive a majority of all the votes cast upon the question. At the elec- 
 tion in 1862, no point received a majority of the votes. At the election in 1864, Salem received 
 6,108 votes, Portland 3,864 votes, Eugene 1,588 votes, and all other places 577 votes ; Salem received 
 79 majority of the whole vote cast, whereupon Salem was duly declared "the permanent seat of 
 government." 
 
CONSTITUTION OF OHEOON 119 
 
 Section 2. When the duration of any office is not provided for 8KPT.i8.ia87. 
 by this constitution, it may be declared by law; and if not go i'«°ure of office 
 declared, such office shall be held during the pleasure of the 
 authority making the appointment. But the legislative assembly 
 shall not create any office, the tenure of which shall be longer than 
 four years. 
 
 Section 3. Every person elected or appointed to any office under oath of office, 
 the constitution shall, before entering on the duties thereof, take 
 an oath or affirmation to support the constitution of the United 
 States, and of this State, and also an oath of office. 
 
 Section 4. Lotteries, and the sale of lottery tickets, for any pur- Lotterie* pm- 
 pose whatever, are prohibited, and the legislative assembly shall ^***'^^- 
 prevent the same by penal laws. 
 
 Section 5. The property and pecuniary rights of every married property of 
 woman, at the time of marriage, or afterward acquired by gift, "oSl^ 
 devise, or inheritance, shall not be subject to the debts or contracts 
 of the husband; and laws shall be passed providing for the regis- 
 tration of the wife's separate property.^ 
 
 Section 6. No county shall be reduced to an area of less than New couniie*. 
 four hundred square miles; nor shall any new county be estab- 
 lished in this State containing a less area, nor unless such new 
 county shall contain a population of at least twelve hundred in- 
 habitants. 
 
 Section 7. No State officers or members of the legislative officen to 
 assembly shall directly or indirectly receive a fee, or be engaged aaJSJiTn SaeJ! 
 counsel, agent, or attorney in the prosecution of any claim against 
 this State, 
 
 Section 8. No Chinaman, not a resident of the State at the chinamen not 
 adoption of this constitution, shall ever hold any real estate or ^2;f JJf^'o^k 
 mining claim, or work any mining claim therein. Silr^* claim. 
 
 The legislative assembly shall provide by law in the most effectual 
 manner for carrying out the above provisions. 
 
 1 " Whatever property a woman has at the time of the marriage or afterward acquires by 
 gift, devise, or inheritance, remains hers until she by her own consent, express or implied, parts 
 with it." Brummentt v. Weaver, 2 Or, 173. As to third person, at least, this provision has the 
 effect to make the property therein described the separate property of the wife. Starr v. Hamilton. 
 1 Deady, 274. As to what is the separate property of a married woman by the acta of the parties, 
 independent of this provision, see Id. 273; Dick v. Hamilton, Id. »43. This provision Is not retro- 
 active, and therefore does not affect rights vested in the husband prior to February U, 1859. when 
 the constitution went into effect. Starr v. Hamilton, Id. 275. A gift from the husband, he acting 
 in good faith and being solvent, is within this provision. Id. 279. A judgment against a married 
 woman cannot be enforced against her separate estate, unless it appears thereftom that the debt 
 was contracted for the benefit or on the credit of such estate. Kennard v. Sax, 3 Or. 267. 
 
120 CONSTITUTION OF OREGON 
 
 ARTICLE XVI. 
 
 BOUNDARIES. 
 
 Sept. 18, 1857^ Section 1. In order that the boundaries of the State may be 
 
 Boundaries of known and established, it is hereby ordained and declared that 
 the State. 
 
 the State of Oregon shall be bounded as follows, to wit : — 
 
 Beginning one marine league at sea, due west from the point 
 where the forty-second parallel of north latitude intersects the 
 same, thence northerly at the same distance from the line of the 
 coast lying west and opposite the State, including all islands 
 within the jurisdiction of the United States, to a point due west 
 and opposite the middle of the north ship channel of the Columbia 
 river ; thence easterly to and up the middle channel of said river, 
 and when it is divided by islands, up the middle of the widest 
 channel thereof,^ [and in like manner up the middle of the main 
 channel of Snake river] to the mouth of the Owyhee river ; thence 
 due south to the parallel of latitude forty- two degrees north; thence 
 west along said parallel to the place of beginning, including juris- 
 diction in civil and criminal cases upon the Columbia river and 
 Snake river, concurrently with States and Territories of which 
 those rivers form a boundary in common with this State. But the 
 congress of the United States, in providing for the admission of 
 this State into the Union, may make the said northern boundary 
 conform to the act creating the territory of Washington. 
 
 ARTICLE XVII. 
 
 AMENDMENTS. 
 
 Amendments Section 1. Any amendment or amendments to this constitu- 
 to constitution. 
 
 tion may be proposed in either branch of the legislative assembly, 
 
 and if the same shall be agreed to by a majority of all the members 
 
 elected to each of the two bougies, such proposed amendment or 
 
 amendments shall, with the yeas and nays thereon, be entered on 
 
 their journals, and referred to the legislative assembly to be chosen 
 
 at the next general election ; and if, in the legislative assembly so 
 
 next chosen, such proposed amendment or amendments shall be 
 
 agreed to by a majority of all the members elected to each house, 
 
 then it shall be the duty of the legislative assembly to submit such 
 
 amendment or amendments to the electors of the State, and cause 
 
 1 The act of February 14, 1859, (11 Stat. 383 ), admitting Oregon into the Union, changed this 
 proposed boundary by substituting the following description for that contained in the words 
 enclosed in brackets : " to a point near Fort Walla Walla, where the 46th parallel of north latitude 
 crosses said river ; thence east on said parallel to the middle of the main channel of the Shoshone 
 or Snake river ; thence up the middle of the main channel of said river." 
 
CONSTITUTION OF OREGON. 121 
 
 the same to be published without delay at least four consecutive skit. 18. 18&7. 
 weeks in several newspapers published in this State; and if a ma- ^""^ *"'*i**'' 
 jority of said electors shall ratify the same, such amendment or 
 amendments shall become a part of this constitution. 
 
 Section 2. If two or more amendments shall be submitted in Two or more 
 such manner, that the electors shall vote for or against each of 
 such amendments separately; and while an amendment or amend- 
 ments shall have been agreed upon by one legislative assembly, 
 shall be awaiting the action of a legislative assembly, or of the 
 electors, no additional amendment or amendments shall be pro- 
 
 ARTICLE XVIII. 
 
 SCHEDULE. 
 
 Section 1. For the purpose of taking the vote of the electors of Election for 
 
 acceptance or 
 the State for the acceptance or rejection of this constitution, an rejection of the 
 
 election shall be held on the second Monday of November, in the ^°°*"^"* °" 
 
 year 1857, to be conducted according to existing laws regulating 
 
 the election of delegate in congress, so far as applicable, except as 
 
 herein otherwise provided. 
 
 Section 2. Each elector who offers to vote upon this constitu- Questiona. 
 tion, shall be asked by the judges of election this question: 
 
 Do you vote for the constitution — yes, or no? 
 
 And also this question: 
 
 Do you vote for slavery in Oregon— yes, or no? 
 
 And also this question: 
 
 Do you vote for free negroes in Oregon— yes, or no? 
 
 And in the poll-books shall be columns headed respectively, 
 "constitution, yes"; "constitution, no"; "free negroes, yes"; 
 "free negroes, no"; "slavery, yes"; "slavery, no." 
 
 And the names of the electors shall be entered in the poll-books, R^»J}^ ^^ 
 together with their answers to the said questions, under their 
 appropriate heads. The abstracts of the votes transmitted to the 
 Secretary of the Territory, shall be publicly opened and canvassed 
 by the Governor and Secretary, or by either of them in absence of 
 the other; and the Governor, or in his absence the Secretary, shall 
 forthwith issue his proclamation, ^ and publish the same in the 
 
 1 The following is the proclamation : 
 
 Whereas the people of the Territory of Oregon, through their delegates in congress assembled, 
 prepared a constitution for their government under a State organizaUon. and submitted the same 
 with certain propositions, to be approved and determined at an election which WM held in the 
 
122 CONSTITUTION OF OREGON. 
 
 Sept. 18, 1857 . several newspapers printed in this State, declaring the result of 
 Same subject, the said election upon each of said questions. 
 
 When constitu- Section 3. If a majority of all the votes given for and against 
 
 tion to be ./ ./ o o 
 
 adopted or re- the constitution shall be given for the constitution, then this con- 
 stitution shall be deenaed to be approved and accepted by the 
 electors of this State, and shall take effect accordingly ; and if a 
 majority of such votes shall be given against the constitution, then 
 this constitution shall be deemed to be rejected by the electors of 
 the State, and shall be void. 
 
 If majority of Section 4. If this constitution shall be accepted by the electors, 
 
 votes OASt for 
 
 slavery, section and a majority of all the votes given for and against slavery, shall 
 the bin of^ ° be given for slavery, then the following section shall be added to 
 rights. |.jjg i^m ^^ rights, and shall be part of this constitution :— 
 
 " Section — . Persons lawfully held as slaves in any State, Ter- 
 ritory, or district of the United States, under the laws thereof, 
 may be brought into this State ; and s\ich slaves and their descend- 
 ants may be held as slaves within this State, and shall not be 
 emancipated without the consent of their owners." 
 If majority of And if a majority of such votes shall be given against slavery, 
 
 votes ffiven 
 
 against slavery then the foregoing section shall not, but the following section shall 
 be added to the bill of rights, and shall be a part of this constitu- 
 tion :— 
 
 "Section — . ^There shall be neither slavery nor involuntary 
 servitude in this State, otherwise than as a punishment for crime, 
 whereof the party shall have been duly convicted." 
 
 If majority of And if a majority of all the votes given for and against free 
 votes given j ./ o o 
 
 against free negroes shall be given against free negroes, then the following sec- 
 tion shall be added to the bill of rights, and shall be a part of this 
 constitution : — 
 
 negroes. 
 
 said Territory on the 9th day of November, A. D. 1857, in conformity to the provisions made by 
 said convention of delegates ; and 
 
 Whereas it was provided further by said convention of delegates that the result of said election 
 should be announced by executive proclamation ; 
 
 Therefore, to that end it is hereby declared and made known that at the said election, held on 
 the 9th day of November, A. D. 1857, there were 7,195 votes given for the adoption of the said con- 
 stitution, and 3,195 votes against its adoption. There were 2,646 votes given in favor of slavery, and 
 7,727 votes against slavery ; and there were given 1,081 votes in favor of permitting the residence 
 of free negroes, and 8,640 votes against the same. 
 
 In testimony whereof I have hereunto set my official slgna- 
 [ L. s. ] ture, and caused the seal of the Territory to be affixed 
 
 at Salem, this 14th day of December, A. D. 1857. 
 By the Governor : GEORGE L. CURRY, 
 
 B. F. Harding, Secretary. 
 December 9, 1857. 
 
 1 See clause 34 of bill of rights. 
 
GONbTITUTION OF OREGON. 123 
 
 " Section — . ^No free negro or mulatto, not residing in this Rtate jept. 18, 18W. 
 at the time of the adoption of this constitution, shall come, reside, 8«n« tabjactT 
 or be within this State, or hold any real estate, or make any con- 
 tracts, or maintain any suit therein; and the legislative assembly 
 shall provide by penal laws for the removal by public officers of 
 all such negroes and mulattoes, and for their effectual exclusion 
 from the State, and for the punishment of persons who shall bring 
 them into the State, or employ or harbor them." 
 
 Sections. Until an enumeration of the white inhabitants of A'portionment 
 the State shall be made, and the Senators and Representatives rcpresentatwe* 
 apportioned as directed in the constitution, the county of Marion 
 shall have two Senators and four Representatives; Lane, two 
 Senators and three Representatives; Clackamas and Wasco, one 
 Senator jointly, and Clackamas three Representatives and Wasco 
 one Representative; Yamhill, one Senator and two Representa- 
 tives; Polk, one Senator and two Representatives; Benton, one 
 Senator and two Representatives; Multnomah, one Senator and 
 two Representatives; Washington, Columbia, Clatsop, and Tilla- 
 mook, one Senator jointly, and Washington one Representatives, 
 and Washington and Columbia one Representative jointly, and 
 Clatsop and Tillamook one Representative jointly; Douglas, one 
 Senator and two Representatives; Jackson, one Senator and three 
 Representatives; Josephine, one Senator and one Representative; 
 Umpqua, Coos, and Curry, one Senator jointly, and Umpqua one 
 Representative, and Coos and Curry one Representative jointly. 
 
 Section 6. If this constitution shall be ratified, an election shall Election under 
 be held on the first Monday in June, 1858, for the election of mem- tio1,^na oiwin- 
 bers of the legislative assembly, a representative in congress, and ^^^^^ *** "** 
 State and county officers, and the legislative assembly shall con- 
 vene at the capital on the first Monday of July, 1858, and proceed 
 to elect two senators in congress, and make such further provision 
 as may be necessary to complete the organization of a State gov- 
 ernment. 
 
 Section 7. All laws in force in the Territory of Oregon when Former Uwa. 
 this constitution takes effect, and consistent therewith, shall con- 
 tinue in force until altered or repealed. 
 
 Section 8. All officers of the Territory of Oregon, or under its Officerejo^wB^ 
 laws when this constitution takes effect, shall continue in office unUL 
 until superseded by , the State authorities. 
 
 Section 9. Crimes and misdemeanors committed against the crimes against 
 Territory of Oregon shall be punished by the State as they might ^^"^ *"" ^^' 
 
 1 See clause 35 of bill of rights. 
 
124 
 
 CONSTITUTION OF OREGON. 
 
 Same subject. 
 
 Saving of exist- 
 ing rights and 
 liabilities. 
 
 Judicial dis- 
 tricts. 
 
 Sept. 1 8, 1857. have been punished by the territory if the change of government 
 had not been made. 
 
 Section 10. All property and rights of the Territory and of the 
 several counties, subdivisions, and political bodies corporate of or 
 in the Territory, including fines, penalties, forfeitures, debts, and 
 claims of whatsoever nature, and recognizances, obligations, and 
 undertakings to or for the use of the Territory or any county, polit- 
 ical corporation, office, or otherwise to or for the public, shall enure 
 to the State, or remain to the county, local division, corporation, 
 officer, or public as if the change of government had not been 
 made ; and private rights shall not be affected by such change. 
 
 Section 11. Until otherwiee provided by law, the judicial dis- 
 tricts of the State shall be constituted as follows : The counties of 
 Jackson, Josephine, and Douglas shall constitute the first district; 
 the counties of Umpqua, Coos and Curry, Lane and Benton shall 
 constitute the second district; the counties of Linn, Marion, Polk, 
 Yamhill, and Washington shall constitute the third district; the 
 counties of Clackamas, Multnomah, Wasco, Columbia, Clatsop, 
 and Tillamook shall constitute the fourth district; and the county 
 of Tillamook shall be attached to the county of Clatsop for judicial 
 purposes. 
 Attestation. Done in convention at Salem the eighteenth day of September, 
 
 in the year of our Lord one thousand eight hundred and fifty- 
 seven, and of the independence of the United States the eighty- 
 second. 
 
 MATTHEW P. DEADY, 
 
 CHESTEB N. TERRY, President. 
 
 Secretary. 
 
MISCELLANEOUS. 
 
 CHAPTER. V. 
 
 Including suggestions to superintendents and institute conductors ; sugges- 
 tions for thie use of school officers ; school architecture. 
 
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128 MISCELLANEOUS. 
 
 INSTITUTE WORK. 
 
 THE MAJOR OBJECTS OF THE INSTITUTE. 
 
 1. To acquaint teachers with the best and latest methods of instruction. 
 
 2. To increase the efficiency of teachers by giving a distinct idea of the true ends of educa- 
 tion ; by giving some knowledge of the science of teaching ; by illustrating latest methods of 
 imparting instruction ; by giving a correct idea of what constitutes a good school. 
 
 3. To secure a uniformity of work in methods of organization ; in school records, schedules, 
 programmes, etc.; in school government ; in school recitations. 
 
 4. The institute awakens a general interest in education. 
 
 MINOR OBJECTS. 
 
 1. To gain inspiration in teaching. 
 
 2. To gain professional information. 
 
 3. To learn to avoid " stereotype methods," or "ruts." 
 
 4. Teachers may compare themselves professionally with their associate teachers. 
 
 5. The institute produces a feeling of professional pride, a necessary element to secure success. 
 
 6. To correct prevailing faults, consisting of : Waste of time in movement of classes ; in con- 
 ducting recitations and managing classes ; in repeating work done by predecessors ; wrong, 
 methods arising from lack of experience. 
 
 WAYS AND MEANS. " 
 
 1. Lectures and talks. 5. General discussion. 
 
 2. Class exercises for illustrations. 6. Critic's work. 
 
 3. Questions and answers. 7. Query box. 
 
 4. Diagrams and notes. 
 
 SUGGESTIONS TO MEMBERS. 
 
 1. Attend each session promptly and regularly. 
 
 2. Make copious notes of the work done, and keep them for future use in the schoolroom. 
 
 3. Give your earnest attention to the instructors, and enter heartily into all general exercises. 
 
 4. Ask questions of instructors at the close of each exercise. 
 
 5. In conducting general discussions, the conductor should require members participating to 
 confine themselves to the general principles of the question in hand, and not distort the discussion 
 into "pet" specialties or personalities. Members should remember that the institute is a school, 
 and not a debating society ; instructors, that they are to teach rather than lecture. 
 
 GENERAL SUGGESTIONS. 
 
 1. It is the province of the institute to show that the teacher is awake to the highest interests 
 of his profession, and, through his agency, the meritorious teacher is afforded the opportunity of 
 organized improvement. 
 
 2. The conductor should require members to be punctually present, and no time should be 
 lost with useless preliminaries; neither should he permit the exercises to become dull and 
 monotonous. 
 
 3. Promptness and dispatch should mark all rulings of the conductor ; much of the interest 
 and profit arising from the institute may be secured by prompt and equitable decisions. The con- 
 ductor should not retard the work with lengthy discussions of technicalities, nor should the time 
 of the institute be consumed nor its best purposes thwarted by an ostentatious display of parlia. 
 mentary usage. 
 
 4. The place of meeting is important, and should be well considered. The time is equally 
 important, and other features being favorable, the most convenient session is, perhaps, during 
 the summer vacation. 
 
 5. The notice of the meeting should be ample, by programme, circulars, and the public press. 
 G. In the normal institute, if the attendance of teachers is very large, more effective work 
 
 may be secured by making subdivisions of classes. 
 
MISCELLANEOUS. 129 
 
 SUGGESTIONS FOR THE USE OF SCHOOL OFFICERS. 
 
 SCHOOL MEETINGS. 
 
 1. Notice of all district meetings should be given as prescribed by law, and the object for 
 which the meeting is called should be explicitly and minutely set forth. 
 
 2. The presiding officer is designated in section 36 of the school law. It is bis duty to call 
 the meeting to order, and, on the appearance of a quorum, to proceed to business. 
 
 3. The clerk of the district is ex officio secretary of the meeting, and it is his duty to record all 
 motions voted upon by the meetings, also all items of importance to the district should be noted, 
 the minutes being completed, if possible, and presented to the meeting prior to adjournment All 
 minutes should be properly recorded and preserved in the district record-book. 
 
 4. The chairman of the meeting should preserve order, and he may speak on points qf order 
 in preference to other members. He decides all points and questions of order, subject to an 
 appeal to the meetiug by motion regularly made and seconded, and no other basinew shall 
 succeed iintil the question on appeal has been determined. The form of putting a question on 
 appeal is as follows : "Shall the decision of the chair stand as the judgiuent of the meetingr** 
 The chairman may vote on an appeal. No second appeal should be entertained until the original 
 appeal is disposed of. 
 
 5. The chairman should put all questions clearly in order, but he should not put irregular 
 motions, or motions made at improper times. 
 
 6. All business coming before the meeting should be in the form of a written resolution, 
 order, or motion. This is regular, and will aid the clerk in keeping accurate minutes. 
 
 7. The chairman, in putting a question, should rise in his place and distinctly state the 
 motion. All questions should be put in the order in which they are moved. After a motion is 
 stated by the chairman it is in possession of the meeting to be disposed of by vote. The question 
 may be withdrawn by the mover, pending discussion, before a decision is reached or before an 
 amendment is offered, except a motion to reconsider. 
 
 8. No member is entitled to address the meeting except under a pending motion which has 
 been seconded, or by special privilege or rule of the meeting. 
 
 9. No member is entitled to speak more than twice upon the same question, except by special 
 permission of the meeting. 
 
 10. The following motions take precedence over all others : The moti<-n to adjourn, the 
 motion to lay on the table, the motion for the previous question, the motion to postpone. These 
 several motions are not debatable. 
 
 11. The motion to adjourn is first in order, and always in order; but having once failed, it 
 should not be repeated until other business has been transacted. 
 
 12. The motion to lay on the table is a temporary one; its main purpose usoally is to secure time 
 for consideration before the previous question is ordered. 
 
 13. The previous question is disposed of as follows : The chairman demands, " ShaU the main 
 question be now put?" After it is moved, the motion is not debatable. 
 
 14. Indefinite postponement is the last motion before the vote In passing or rejecting any 
 proposition. 
 
 15. Members have an equal right to the floor, and when two or more rise at once, the chair- 
 man names the one entitled to speak ; provided, that no member should be allowed to speak more 
 than once till other members have been granted the same privilege. 
 
 16. No member speaking should be interrupted by another but by rising tocaUto order. 
 
 n. Any member may call for a "division " of a question when the sense will admit of it. and 
 the chairman should decide this, generally, without appeal. 
 
 18 The unfiyiished business of any meeting should have preference at any meeting immediately 
 subsequent. The usual rule in this case seems to be that all questions relating to the prforar«ir 
 business to be acted upon shall be decided without debate. 
 9 
 
130 MISCELLANEOUS. 
 
 19. No rule or order should be dispensed with, altered, or repealed unless two thirds of the 
 members present consent thereto. 
 
 20. To prevent hasty and inconsiderate action on matters which may not be well understood 
 at once, and perhaps, to prevent long and irrelevant debate, every motion, order, or resolution, 
 offered by members, should he reduced to writing prior to the presentation to the secretary or meeting. 
 
 SCHOOL ARCHITECTURE. 
 
 In view of the fact that over one hundred and twenty schoolhouses have 
 been erected annually for the last six years in this State, it has been thought 
 useful to school patrons and school officers to suggest some approved plans in 
 school architecture. 
 
 As the Superintendent of Public Instruction is frequently consulted person- 
 ally, and also by letter, relative to plans for district schoolhouses, the addition 
 here made will, in a measure, meet this general want. 
 
 Reports of the leading school systems in the United States have been care- 
 fully examined, and in addition to this, valuable, suggestions have been re- 
 ceived from eminent architects in this State. 
 
 COUNTRY SCHOOLS. 
 
 LOCATION. 
 
 1. It is assumed that the school district has been accurately surveyed, and the metes and 
 "bounds recorded. Without this the choice must be, to some extent, guess work. The location 
 should be as near as may be convenient to the geographical center of the district ; but reference 
 must be had to the roads by which it can be reached and the impediments that may lie in the way. 
 In rural districts the geographical center, when access is easy, should be preferred to the center of 
 population, because the latter is liable to change. 
 
 SITE. 
 
 2. Hollows and the edges of swamps should be avoided. Hill tops are also objectionable. A 
 •moderate elevation, from which the ground slopes in all directions, is to be preferred. A piece of 
 woods, which would shelter the house from the prevalent winds of winter, is a great protection ; 
 but no trees should be allowed to stand within fifty feet of the building. 
 
 ORIENTATION. 
 
 3. This question has not yet been settled by theorists. So much depends on the location and 
 the site, and the kind of building that is erected, that no general rule can be given. Considering 
 that the country schoolhouse is usually closed for about four months in summer, it will generally 
 be most convenient to have the house built so that, pupils may sit facing the north ; the windows 
 should then be on the east and west sides. 
 
 PLAN AND SIZE. 
 
 '4. Let us, for the sake of simplicity, confine our attention to the country schoolhouse, with 
 ■one teacher and an attendance of from twenty to fifty pupils. In such schoolhouse, more than 
 two thirds of the people of the United States have received and will receive their elementary 
 education. A square house is objectionable. The length should be about one third greater than 
 
MISCELLANEOUS. 181 
 
 the width. This gives room for the teacher's platform and for a recitation bench, and pUc«i the 
 desks in a square block in front of the teacher. There should be at least twelve square feel of 
 floor space for each pupil. The ceiling should be twelve and a half feet in average height : thU 
 will allow each pupil 120 cubic feet of air space, and under no circumstances Phould there be laai 
 than this amount. A house 24x 18, inside measurement, will accommodate twenty-two pupils ; a 
 house 28 X 21 will accommodate forty pupils ; 24 x 32, fifty pupils. It is advisable to build a house 
 large enough for an attendance one fourth larger than the number usually going to school in the 
 'district. The new house attracts better teachers, and the doule attraction secures more pupils. 
 
 lilGHT, HEAT, AND VENTILATION. 
 
 5. If the teacher's platform is on the north side of the house and the pupils' entrance on the 
 south side, the windows should be on the east and west — none on the other sides. The eastern 
 windows should be grouped towards the north, and the western windows should be grouped 
 towards the south. If the windows are equally distributed over the walls, the lighting is bad for 
 some purposes, and there is no good place for blackboards. If two fifths of the length of each of 
 the two walls (the eastern and western) is assigned to a group of windows, the remaining wall- 
 space is ample for blackboard surface, and each blackboard is exactly opposite to a window. The 
 placing of blackboards on the piers between the windows is very objectionable. Whether the 
 blackboard surface is wood, or slate, or plaster, it should be a permanent part of the wall itself. 
 Slate is in the long run the cheapest, as it is also the best material. Movable blackboards in small 
 houses are troublesome. 
 
 A ventilating stove is the best available source of heat. It costs little more than an ordinary 
 stove. Almost any stove can be converted into a *' ventilator " by surrounding it with a sheeMron 
 jacket and bringing a tube from the exterior air to the space between the stove and the outer 
 casing. The chimney flue should be divided longitudinally into two parts, one for the escape of 
 smoke and the other for the escape of vitiated air. The opening for the latter purpose should be 
 at or very near the floor. The best place for the stove is usually the northwest corner of the house. 
 Two moderate-sized stoves, placed in different corners, are better than one large one. Only one 
 of them is needed in moderate weather, and two will make the room comfortable in the coldest 
 part of winter. A large stove in the middle of the schoolroom is an unsightly obstruction, and 
 tends to produce disorder. A ventilating stove placed in the northwest corner, with a stovepipe 
 extending almost to the ceiling, and by a horizontal branch entering a fine in the southwest cor- 
 ner, will give an almost equable temperature in all parts of the room. The opening into such a 
 smoke-flue near the floor will be a very efficient aid to ventilation, but the opening should be pro- 
 tected by a register which can be closed at pleasure. 
 
 It frequently happens that such aids to ventilation as have been described are not sufficienL 
 Our reliance must then be placed on the doors and windows. The windows should be within 
 twelve inches of the ceiling, and should come down to the level of the desks. They should be in 
 two sashes, with cords and pulleys to move up and down. It is quite a common practice to lower 
 the top sashes a few inches, and keep them in this position while the school Is in session. This Is 
 a double error — it lets out the pure, warm air, which we wish to retain.and lets in a stream of cold 
 air directly on the heads of the pupils. If the ventilating flue, with an opening at the floor, is not 
 sufficient to carry oft' the impure air, the best plan is to open every door and window in the build- 
 ing for -one or two minutes, not more than three minutes, and when the room has been thoroughly 
 flushed with fresh air, close all the openings. If necessary, the operation may be repeated at the 
 
 end of every hour. 
 
 WARDROBES OR CLOAK ROOMS. 
 
 6. A place for depositing the outer garments in safety and in an orderly manner is a neceadty 
 in even cheapest and smallest schoolhouses. Such a place is often obtained by building a vesti- 
 bule in front of the house. This arrangement improves the external appearance of the house, 
 but it is comparatively costly and not free from other objections. The cheapest and be-«t plan In 
 a house of only one room is to cut oft' from the south side of the room two small cloak rooms, one 
 for the boys and one for the girls. The pupils' entrance is by a door leading into the small 
 
132 MISCELLANEOUS, 
 
 age between these two closets. There is no door to the closets; an arched doorway always open 
 exposes the interior of the closets at all times to the eye of the teacher, whose desk is in the north 
 side of the house. These closets should be furnished with suitable clothes-pins, and with shelves 
 to hold lunch baskets. 
 
 LARGER HOUSES. 
 
 7. If two rooms are needed they should be on the same floor and separated by a glass parti- 
 tion with moveable sashes. A front room 34x32, and a back room 24x30, will accommodate about 
 one hundred pupils. The flues should be in the walls adjoining the partition. For three rooms 
 the building should be of a T shape, the perpendicular line representing a room 24x32, and the 
 horizontal line two rooms, each 28x21, The flues may be conveniently placed in the angles where 
 the front building adjoins the rear building. For four rooms place a corridor six feet wide 
 between two sets of rooms, such as are described in the beginning of this paragraph. It is only 
 when more than four rooms are needed, or where the ground is unusually expensive, that a two- 
 story house should be built. 
 
 PLASTERING. 
 
 8. As most of country schoolhouses are closed during nearly half the year, the plastering is 
 apt to be affected by the damp. The walJs shouJd be wainscoted to the height of four feet from 
 the floor. If the rest of the wall were sheathed with wood of a lighter color than the wainscoting 
 and the ceiling covered with the same material, it would be found much better than plaster, more 
 ornamental, more durable, and not so much more expensive. ^\ 
 
 OUTBUILDINGS. ^ 
 
 9. The health and comfort of teacher and pupils demand :— 
 
 First — That a substantial woodshed be built and a sufficient supply of good fuel be placed 
 therein at the beginning of each teim. 
 
 Second — Common decency always demands that water-closets be provided and placed in 
 the opposite rear angles of the school yard, or in some other convenient situation. 
 
 Gravel, plank, or brick should be laid from the schoolhouse to these buildings. The advan- 
 tages of placing these closets in easy and convenient communication with the schoolroom are 
 numerous. The fierce winds in winter, the wet and soft grounds in fall and spring, are dangerous 
 exposures to delicate children in leaving a hot room, and who are compelled to traverse the length 
 of the play-ground through mud and water to a mean and miserable shed through which the 
 wind constantly and freely blows. These water closets should be simple and substantial in 
 construction, and not too large. Two feet and a half room is ample for each child, and never 
 under any circumstances should there be two seats in the same enclosure. Each seat should 
 be in an enclosure by itself, and the screens between each one should be six feet in height, 
 or more. In very many delicate and nervous children nature refuses to perform its usual 
 functions, however great the necessity, in the presence of others or under unaccustomed cir- 
 cumstances, and a decent privacy in the school conveniences is necessary to save such from 
 daily pain, and more often, serio^is consequences. The promiscuous arrangement and condition 
 of the ordinary school privileges urgently demand that these necessary appliances should receive 
 at least as much care as the other circumstances of school life. 
 
 APPARATUS. 
 
 10. Globes, charts, numeral frames, outline wall maps, ink, paper, textbooks, cube and square 
 root blocks are necessary appliances for the efficient management of every school. 
 
 FURNITURE. 
 
 11. Among the indispensible articles of furniture are a few chairs, a teacher's table, black- 
 boards and crayons, a clock, a dictionary, a water pail and cups, pointers, erasers, brooms, and 
 brushes. Each school should be furnished with a closet in which the movable property may be 
 secured. 
 
INDEX. 
 
INDEX. 
 
 SCHOOL LAWS. 
 
 BLIND- PAOB 
 
 Institute for the 4g 
 
 Funds appropriated 4K 
 
 Board of trustees, duties of 48 
 
 Free education, who entitled to 48 
 
 Non-residents may be received when 48 
 
 COUNTY BOARD OF EXAMINERS— 
 
 How selected 19 
 
 Salary of 1* 
 
 To constitute quorum 1!» 
 
 To meet when 15» 
 
 Time to be absolute and uniform 1* 
 
 Certificates to be of three grades 1» 
 
 First grade to be issued to whom 19 
 
 Second grade ai> 
 
 Third grade not to be issued to same person more than once 2ty 
 
 Fees for 20 
 
 Temporary or permits may be issued when — 20" 
 
 Teachers holding first grade to be granted State certificates when 21 
 
 To be granted State diploma when 21 
 
 COUNTY SCHOOL SUPERINTENDENT — 
 
 How elected '* 
 
 To hold office for >* 
 
 Shall qualify within thirty days 1* 
 
 Salary of >* 
 
 Neglect of duty, penalty for ** 
 
 Duties of, to lay off counties into convenient districts 1& 
 
 To make record of boundaries, etc ^^ 
 
 When new districts established, to notify '• 
 
 May establish new districts, when ** 
 
 School property, how divided ^ 
 
 To apportion school funds '* 
 
 To keep an account with county treasurer ^" 
 
 To take care of school lands " 
 
 To issue certificates to teachers 
 
 To receive fees 
 
 To visit schools taught in county ^ 
 
 To make annual report 
 
 22 
 
 To submit annual financial report ** 
 
 To turn over books and papers to successor in office *2 
 
 fo hear and examine and decide appeals ^ 
 
136 INDEX. 
 
 COUNTY SCHOOL SUPERINTENDENT — CONCLUDED. page 
 
 To arrange a course of study 22 
 
 To have advisory power in location of schoolhouses 22 
 
 To make special reports 22 
 
 To act as ex officio member of state board of examiners 22 
 
 To appoint deputy '. 22 
 
 To advise and consult with boards of directors 22 
 
 To use uniform series of blanks, etc 23 
 
 To hold local educational meetings 23 
 
 To receive pay for special services 23 
 
 To hold an annual county institute 23 
 
 May be removed by county court for cause 24 
 
 Vacancy in office, how filled 24 
 
 COMPULSORY EDUCATION — 
 
 Parents must send children to school 42 
 
 Penalty for neglect 42 
 
 Directors and clerks to enforce 42 
 
 What courts have jurisdiction 42 
 
 CONSTITUTION OF THE STATE OF OREGON _^ 95 
 
 DEFECTIVE AND AFFLICTED CHILDREN — 
 
 Act approved February 21, 1891, increasing the efficiency of special schools for 52 
 
 DIRECTORS, DUTIES OF — 
 
 To authorize clerk to call special meetings 26 
 
 To issue warrants authorizing clerks to collect tax 26 
 
 To furnish schools with 26 
 
 To buy, lease, or build schoolhouses, vrhen 27 
 
 To contract a debt, when 27 
 
 To levy a tax, when 27 
 
 To carry out wishes of district 27 
 
 To employ teachers 27 
 
 To visit schools 27 
 
 May exclude refractory pupil 27 
 
 To audit claims against the district 27 
 
 To require bond from district clerk 27 
 
 To examine and correct assessment roll 28 
 
 To levy rate bills 28 
 
 May purchase apparatus 28 
 
 May authorize German to be taught 28 
 
 To have entire control of schools and teachers 28 
 
 May establish rules 28 
 
 To enter into written contract when employing teacher 28 
 
 To issue school orders, when 29 
 
 Two shall constitute quorum 29 
 
 Duty must be performed at regular or special meetings 29 
 
 May buy apparatus 30 
 
 May establish kindergartens 31 
 
 All demands to be approved by 29 
 
 To authorize chairman and clerk to draw warrants 29 
 
 To dismiss teachers, only 29 
 
 To prosecute persons for defacing school property 30 
 
 To locate schoolhouse sites *_ 30 
 
INDEX. 137 
 
 DIRECTORS, DUTIES OF — Concluded, ^^^^ 
 
 Meetings of, how convened 30 
 
 To provide district map 3q 
 
 To issue school bonds 3q 
 
 To purchase apparatus 34 
 
 To establish kindergarten schools 34 
 
 Vacancy in board, how filled ^ 
 
 Penalty for neglect of duty 34 
 
 DISTRICTS— 
 
 Are corporations 34 
 
 Report of, unless tiled, forfeit school funds 35 
 
 Must have school taught, provided 35 
 
 To be formed of contiguous territory 36 
 
 May be in'two or more counties 36 
 
 Clerk to report 36 
 
 Certificate from either county sufficient 37 
 
 DISTRICT MEETINGS - 
 
 Legal voters at SS 
 
 Minutes to be signed 86 
 
 Voting, how to be done 56 
 
 Educational offices held by women GO 
 
 IRREDUCIBLE SCHOOL FUND — 
 
 What comprises the 50 
 
 Who constitutes board to control «■»! 
 
 Board may demand services of county officers 51 
 
 Compensation of agents 52 
 
 LIEU LANDS — 
 
 Selection of — 50 
 
 Manner of obtaining ^ 
 
 NORMAL SCHOOLS — 
 
 Schools at Ashland, Jackson county, the normal school at Drain, Douglas county, and 
 
 the normal school or Wasco Independent Academy at The Dalles, established 47 
 
 State normal at Monmouth - ^ 
 
 State normal at Weston — ** 
 
 PREFACE — 
 
 Amended school laws - ^ 
 
 Property sold for school purposes 
 
 STATE BOARD OF EDUCATION — 
 
 To consist of whom 
 
 Meetings of, when and where held - ** 
 
 Stationery and printing, how furnished *' 
 
 Shall authorize series of textbooks *' 
 
 To prescribe rules 
 
 To use a common seal 
 
 To order printing 
 
 To sit as board of examination 
 
 To issue certificates and diplomas 
 
 Fees of 
 
 Fees of, to constitute fund 
 
138 INDEX. 
 
 STATE BOARD OF EDUCATION — Concluded. page 
 
 Shall have power to invite assistants 14 
 
 Proceedings to be published . 14 
 
 May grant diplomas without examination , 14 
 
 May revoke diplomas 14 
 
 School bonds ^ 30 
 
 SCHOOL DISTRICTS — 
 
 Notice to organize 25 
 
 Meeting, organization of 25- 
 
 Directors and clerks to qualify 25 
 
 Clerks to give bond 25 
 
 Directors and clerks, powers of 25 
 
 Annual meeting, when held 26 
 
 Annual meeting to elect ' 26 
 
 Annual election 26 
 
 Two directors to constitute a quorum 26 
 
 Oldest director chairman : 26- 
 
 To forfeitschool fund unless 27 
 
 In towns of four thousand inhabitants — 
 
 Title of act .^^ 1 4* 
 
 Boundaries to correspond, in certain cases 4S 
 
 Change in limits of city and district to correspond 4S 
 
 Boards of directors, terms of 43; 
 
 Directors and clerks elected annually 44 
 
 Officers elected at first election 44 
 
 Vacancies, how filled 44 
 
 Boards of directors, duties of 44 
 
 To provide time and place of meeting 44 
 
 Quorum 45 
 
 May adopt rules 4& 
 
 Officers, newly elected, when to enter on duties 45 
 
 Directors of oldest district to be directors of new 45 
 
 Board Of directors, who eligible to office 45 
 
 Officers to be voted for at elections 46- 
 
 Board of directors may contract indebtedness 4(> 
 
 Warrants not to draw interest 46 
 
 Board of directors to advertise for and receive bids 46 
 
 To control course of study 46 
 
 Assessments and collection of taxes 46 
 
 Clerks to make segregated reports, when 46 
 
 Polling places, who to designate 46- 
 
 General laws to apply to 46' 
 
 SCHOOL DISTRICT CLERKS — 
 
 Election of 37 
 
 To keep a record 37 
 
 To give notice of meetings _ 37 
 
 To make assessment roll 37 
 
 To collect taxes 37 
 
 To enroll all persons in district over four and under twenty 37 
 
 Not to include children attending 37 
 
 Annual census to be submitted 88 
 
INDEX. 139 
 
 SCHOOL DISTRICT CLERKS — Concluded. page 
 
 To make annual report to :» 
 
 Annual report, form of ;« 
 
 Bond of —__._-» "'.♦ 
 
 Cannot be released from liability .' aj» 
 
 When own successor to give new bond ;ty 
 
 Failing to give new bond, oflflce to be declared vacant "9 
 
 To use uniform series of blanks, etc _ W 
 
 To withhold teacher's pay, when 40 
 
 To keep account of moneys -10 
 
 To receive money from treasurer ■l<V 
 
 To turn over money, books, etc., to successor 40 
 
 To furnish county superintendent list of oflBcers 40 
 
 Fees of . 40 
 
 Neglect of duty, penalty for ¥y 
 
 To receive assessment blanks from county clerk ' — 41 
 
 Clerk of be secretary of meetings 41 
 
 Vacancy in office of, how filled 41 
 
 SCHOOL TEACHERS— 
 
 To maintain order in school 41 
 
 To commence and close school <' 
 
 To keep a register 41 
 
 May appeal 4> 
 
 Act approved February 20,1891, to encourage more thorough preparation of — 5- 
 
 SCHOOL TERM — 
 
 Length of ** 
 
 SCHOOL LANDS— 
 
 Who constitute board for sale of ** 
 
 Duties of board — ^ 
 
 Form of application to purchase *^ 
 
 Manner of obtaining ** 
 
 SCHOOL FUNDS— 
 
 County treasurer to report ** 
 
 SCHOOL TAXES — 
 
 County clerk to make assessment roll, etc ^ 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION — 
 
 Detached from office of the Governor "^ 
 
 Election of ^ 
 
 Salary of ^ 
 
 Office, location of 
 
 Duties of, to be superintendent of schools * 
 
 To visit counties 
 
 To hold district teachers' institute 
 
 o 
 
 To attend county institutes - 
 
 To visit principal schools 
 
 To prepare uniform system of blanks, registers, forms, etc » 
 
 To require receipts for school supplies 
 
 To act as secretary of board of education 
 
 To annotate and compile school laws 
 
 To call meetiHgs of county superintendents 
 
140 INDEX. 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION — CONCLUDED. I'AGE 
 
 To issue letters and circulars of information 9 
 
 To make decisions on appeals from county superintendents' decisions in certain cases. 9 
 
 To hold a State teachers' association annually 9 
 
 To make statement of traveling expenses 9 
 
 To compile statistics relative to public schools : 12 
 
 To make a biennial report to the legislative assembly 12 
 
 To turn over papers to successor at expiration of his term of office V6 
 
 SWAMP LANDS— 
 
 Ten per cent of proceeds to go to school fund 49 
 
 TEACHERS' CERTIFICATE — 
 
 Form of 18 
 
 TEACHERS WITHOUT CERTIFICATE— 
 
 Penalty for paying 36 
 
 TEXTBOOKS— 
 
 How selected 9 
 
 TREE PLANTING — 
 
 Arbor day, second Friday in April i:^ 42 
 
 Order of exercises — 42 
 
 Programme to be prescribed 42 
 
 UNIVERSITY LANDS — 
 
 Who constitute board for sale of 48 
 
 Duties of board ^^ 48 
 
 Form of application to purchase . 49 
 
 Manner of obtaining 49 
 
/ 
 
YC 10646 
 
 UNIVERSITY OF CAUFORNIA UBRARY