STATE LIBRARY. EXCHANGE " SCHOOL LAWS OF IOWA, AS AMENDED BY THE FOURTEENTH GENERAL ASSEMBLY, FORMS AND DECISIONS, USE AND GOVERNMENT OF SCHOOL OFFICERS. REVISED AND CODIFIED IN COMPLIANCE WITH LAW, BY ALONZO ABEKNETHY, SUPERINTENDENT OF PUBLIC INSTRUCTION. DES MOINE8: G. W. EDWARDS, STATE PRINTER. 1872. PREFACE Our present system of school laws was adopted in 1862. Amend- ments have been enacted at each subsequent session of the Gene- ral Assembly, but the changes made by the last, greatly exceed those of any previous session in number and importance, and the labor of revising and codifying is thereby largely increased. The original law has been modified until its simplicity and harmony is somewhat impaired. It is to be regretted that laws are so often framed for the relief of local difficulties, with little regard to their general effect; and it is not improbable that the time may soon come when it will be desirable to have the whole thoroughly revised and simplified by a competent commission. This code has been carefully prepared ; the recent laws incorpo- rated in their proper places, the obsolete portions omitted, and the whole made as compact and connected as possible. The original language has been retained, except where changes were rendered necessary by subsequent enactments. As some changes in the arrangement of sections were necessary, it was thought best to adopt the plan recommended by the code commissioners in their recent report to the General Assembly. For the convenience of those who may desire to trace the history of any section through its amendments to the original, a tabular statement, showing when the several sections now in force were en- acted or amended, will be found immediately following the preface. The notes and decisions have again been carefully revised, and additions made, so as to explain the later enactments, and include the more important principles recently enunciated in de- cisions from this Department, and from the Supreme Court. The principal changes made by the last General Assembly were : authorizing sub-directors to administer the official oath to each other, on or before the third Monday following their election: limiting the amount that may be levied for teachers' fund in a township to fif- teen dollars per scholar; and for contingent fund to five dollars per scholar in any one year: requiring independent districts to publish, two weeks before the annual nceeting, statements of receipts and expenditures, also estimates for ensuing year: prohibiting appro- priations of public money to institutions or schools under sectarian control : authorizing the formation of independent districts from the sub-districts of a township, upon vote of the electors: providing for the annual election of a president and treasurer in independent 289*51 i v PREFACE. districts, the president to be a member of the board; providing also that independent districts having a population of less than five hun- dred, shall have but three directors: prohibiting changes in text- books in the schools oftener than once in three years: changing the time of the sub-district meeting to the first Monday in March, and of the district township meeting to the second Monday: requi- ring district secretaries and county superintendents to furnish information concerning deaf and dumb children: preventing such changes in the boundaries of civil townships as will divide sub- districts, except when made on congressional township lines: providing for restoring territory which has been set into adjoining townships or counties for school purposes: changing the manner of voting and levying taxes for school purposes, by providing that each district township and independent district shall vote the specific amounts necessary for the several funds, and requiring boards of supervisors to determine and levy the per centum necessary to raise these amounts: providing that teachers' certificates shall not be revoked until an opportunity for a hearing has been granted, A sufficient number of copies of the school laws will be sent to county superintendents to supply each school officer with one copy; which is public property and must be delivered to his successor in office. Some of the more important decisions in appeal cases from this Department are bound with a limited number of copies of the laws for the official use of county superintendents and district sec- retaries. Under the conviction that our school statutes possess an im- portance, and exert an influence, both vital and permanent, upon the future of our commonwealth, no labor has been spared to make this volume a perfect embodiment of the school laws of Iowa, and it is sent forth in the hope that it may contribute to a more uniform and enlightened administration of the laws, and promote the effi- ciency and excellence of our public schools. ALONZO ABERNETHY, Superintendent of Public Instruction. DES MOINES, IOWA, Ju'y, 1872. CONTENTS. TABULAR STATEMENT Showing when the several sections of the school laws now in force were enacted or amended vi CHAPTER I. District Townships 1 District Township Meeting 3 Sub-District Meeting 4 Board of Directors 7 President 17 Secretary 18 Treasurer 21 Sub-Director 23 Board of (supervisors 25 County Auditor 27 County Treasurer 28 Teachers 28 County Superintendent 30 General Provisions . 34 Independent Districts 42 Bonds and Orders 48 School-House Sites 50 Appeals 51 Superintendent of Public Instruction 58 Board of Examiners 60 CHAPTER II. COUNTY HIGH SCHOOLS 62 CHAPTER III. STATE UNIVERSITY 66 BLANK FORMS 71 INDEX.. 101 TABULAR STATEMENT. For convenience in referring fo tlie chapters and sections of the original law*, from which the present sclvool code is compiled, the J 'allowing table is subjoined : Present School Laws ENACTED OR AMENDED. School Law? of ISIiS. 1862. 1864. 1806. 1868. 1870. 1872. Ch. fcec.|Ch. StclCh. Sec.jOh. bec.|Ch. Sec j(Jh. 8ec.jCii. 8ec.|01i. i?ec. I 1-3 I 4 I 5 I 6 I 7 I 8 I 9-10 I 11 I 12 13 14 15-16 17 18-22 I 23 I 24 I 25 I 26-7 I 28 I 29 I 30 I 31 I 32-6 I 37 I . 38 I 39-40 41-45 46 47-8 49 50-51 I 52-3 I 54 I 55 I 56 57 58 59 60 61-3 64 65-e 69 I 70-2 I 73 I 74 I 75 I 76 172 1-3 172 4 172 5 172 6 172 7 172 8 172 9-10 172 1 172 17 172 18 172 19 172 20-1 172 22 172 23-27 172 28 172 29 I 1-3 4 5 ft 7 10 11-12 14 15 20 21 22-3 24 26-30 31 37 37 133 1 143 2 143 1 143 2 84 1 84 1 143 4 143 13 143 13 183 1 132 1 143 15 143 16 125 1-2 132 1 132 1 172 30 172 31 172 32 172 34 172 35-39 172 56 172 40 172 41-42 172 43-47 172 11 172 48-9 172 50 172 51-2 17* 53-4 143 5 143 14 16 17 25 32 51-5 89 56 57-8 60-4 18 65-6 67 68-9 85-6 102 1 102 2 * * ' ' i 132 1 4 1 143 6 132 1 21 2 122 1 172 55 172 57 172 58 172 58 172 59-61 172 64 172 65-8 172 69 172 70-2 88 90 92 92 70-2 75 76-9 80 81-3 102 3 29 1 122 1 143 7 133 2 31 1 114 1 i . . 1172 73 172 12 102 4 143 8 143 3 84 39 TABULAR STATEMENT. Stitemcnt Continued. Vll 15 II 1862. 1804. ENACTED OR AMENDED. 1866, 1870. 1872. Ch. Sec.) Oh. Sec.jCh. Sec. | Oh. Sec. | Oh. ec.|Ch. Sec.|Ch. Sec.|Ch. Sec. I 77 I 78-9 I 80 I 81 I 82 I 83 I 84-5 I 86 I 87 I 88 I 89 I 90 I 91 I 92 I 93 I 94 I 95 1 96 I 97 I 98 I 99 I 100 I 101 I 102 I 103 I 104 I 105 I 106 I 107 I 108 I 109-114 I 115-118 I 119-122 I 123-130 I 131 I 132 I 133-137 I 138-142 II 1-17 III 1-18 172 13 172 14-15 172 74 Laws of Sec. 2119, Laws of | Laws of 181 1 40 41-2 43 I 44 45 8 34-5 Board of Rev. 1860 Board of Board of Educ'tion Educ'tion Educ'tion Decemb'r Decemb'r Decemb'r 17, 1861. 14, 1861. 18, 1861. 80 1 57 1 172 77 172 78 50 38 137 1 172 79 172 80 172 81 172 82 172 83 172 84 172 85 172 86 172 87 172 87 172 88 172 89 172 89 172 90 172 91 18 87 9 49 38 109 110 111 112 112 113 114 114 115 116 143 9 143 10 28 1 &3 28 2& 3 28 2 8 1 8 3 76 1 143 11 28 2 57 1 8 4 8 5 76 1 133 3 8 2 46 1 33 1 iii 73 1-6 98 1-4 118-121 124 1-4 Sections 2133-40, 52 5 52 4 52 7-11 Boird of Rev. 1860 124-131 98 97 100-104 140-4 162 2 Laws of Educ'tion Decemb'r 20, 1861. 116 1-17 87 1-18 SCHOOL LAWS OF IOWA, CHAPTER I. otice* of DISTRICT TOWNSHIPS. SECTION 1. Each civil township now, or hereafter or- ganized in this state, is hereby declared a school district, lor all the purposes of this chapter, and each sub-district, as now organized, shall continue such, subject to the pro- school district. visions hereinafter made. SEO. 2. When a new civil township has been formed, the township trustees shall divide the same into sub-dis- tricts, if deemed necessary ; and shall post written notices, in. new town- specifying the time and place of the first election for sub- directors, in the manner provided for the election of sub- election - directors in organized district townships. SEC. 3. When an organized district township has been left without officers, the township trustees shall give such notice for a special election of sub-directors, as is required of the sub-director in case of regular sub-district elections ; fleers, how *u and the persons elected shall continue in office until the next regular sub-district election thereafter. SEC. 4. When changes in civil township boundaries ^ 7n ^ a district -i -,. , . & . T i n i T -i i j 18 divided, as- are made, or any district township shall be divided into sets and liabm- J ties to be di- vided. SEC. 2. If the trustees do not think it necessary to divide the township into sub-districts, they will give notice for the meeting at some central point, for the election of three sub-directors. If, how- ever, they divide the township into sub-districts, then the notice should be given for a meeting iu each sub-district as required in sec- tion 8. See also section 10, and note to same. SEC. 3. Under the various provisions ot our law, a district town- ship will rarely be left without officers. In case it should, the com- ments on section 2 are applicable as to notice. See section 18, and notes to same. SEC. 4. ( a ) The object of this section is to prevent the necessity of a special election, and any inconvenience that might arise from sl LAWS OF IOWA. two or more entire townships for civil purposes, the exist- ing board of directors shall continue to act for both or all of the new districts, or parts of districts, until the next regular sub-district election thereafter, at which time the new district townships, shall organize by the election of sub-directors. The respective boards of directors shall, immediately after such organization, make an equitable division of the then existing assets and liabilities, between the old and new districts ; and in case of a failure to agree, the matter may be decided by arbitrators chosen by the parties in interest. A similar division shall be made in case of the formation, or changes of boundaries, of the division of civil townships. When the time for the regular election arrives, (first Monday in March), the sub-directors should give notice in the portion of the original township which retains the corporate name, for the election of their successors, as required in sect ; on 8; and the township trustees should give similar notice, as provided in section two. The sub-district meetings in the new township will organize by the appointment of a chairman and sec- retary, as provided in section 9. The secretary should be particu- larly careful to make a correct record of the proceedings of this primary meeting. The newly elected boards of directors will enter upon 1 heir duties on the third Monday in March following, and should then proceed to divide the property. Assets include all property and moneys belonging to the district; liabilities, all debts for which the district in its corporate capacity is liable. In determining the assets, school property should be estimated at its present cash value. If deemed best, the old district may be permitted to retain the assets and settle the liabilities ; or each district may take its proportion of the assets, and assume its proportion of the liabilities. Any equita- ble arrangement that will be mutually satisfactory to the parties in interest, will be in accordance with the intent of the law. Any agreement that is entered into should be reduced to writing, and en- tered in the records of each of the districts interested. ( &. ) If money is received by one which belongs to another, the rule is a general one, that the law implies a promise on the part of the receiver, to pay it over. Based upon this implied promise an action may be maintained for its recovery. And this rule applies to corporations as to individuals. The District Township of Norway v. The District Township of Clear Lake, XI Iowa, 507. In this case, the district-township of Clear Lake having been divided so as to form two district townships, the following Spring it received all the funds apportioned by the clerk of the board of supervisors, and Norway brought suit and recovered a just portion of the same. SCHOOL LAWS OF IOWA. 3 independent districts or the consolidation or other changes in the boundaries of civil townships. SEC. 5. Every school district which is now, or may ?. a< r h .J cho L v i i i ill district a DOCiy hereafter be organized, is hereby made a body corporate, corporate, by the name of the " district township of , in the county of , in the state of Iowa," and in that name may hold property, become a party to suits and contracts, and do other corporate acts. DISTRICT TOWNSHIP MEETING. SEC. 6. Each district township shall hold an fumual ing of district meeting on the second Monday in March. township. SEC. 7. The electors of the district, when legally as- ^SLuown 8 sembled at such meeting, shall have the following pow- ship meeting. ers, viz : First To appoint a chairman and secretary, in the absence of the regular officers. Second To direct the sale or other disposition to be made of any school-house, or the site thereof, and of such other property, personal and real, as may belong to the district ; and to direct the manner in which the proceeds arising therefrom shall be applied : Provided, That the money* so obtained, shall be used for the benefit of the sub-district in which such school-house site or other prop- erty is situated. Third To determine what additional branches shall be taught in the schools of the district. SEC. 5. The corporate name designated in this section applies only to district townships. For the legal title of independent dis- tricts, see section 108 The corporate powers enumerated in the latter part of this section, apply equally well to both kinds of dis- tricts. In suits, contracts, and conveyances, the corporate name should be strictly observed. A sub-district is not a corporation, and hence can neither hold property nor perform any corporate act. SEC. 6. The district townships are authorized to hold only one meeting in each year, but in case of necessity, this one can be adjourned over to another day. The adjournment, however, must be a formal one, after the meeting has been duly organized. A mere postponement would not be legal. There is no provision for a special meeting. SEC. 7. (a) Ten days' previous notice of this meeting should be given by the district township secretary (sec. 35) ; or, in cer- tain cases by the township trustees (sec. 3) ; but as the law fixes 4 SCHOOL LAWS OF IOWA. Fourth To delegate any or all of the powers, con- tained in the foregoing specifications, to the board of di- rectors. Fifth To vote such tax, not exceeding ten mills on the dollar in any one year, on the taxable property of the district township, as the meeting shall deem sufficient for the purchase of grounds and the construction of the nec- essary school-houses for the use of the respective sub- districts, and for the payment of any debts contracted for the erection of ^ school-houses, and for procuring district libraries and apparatus for the schools. SUB-DISTRICT MEETING. SEC. 8. The several sub-districts shall annually, on the Annual meet- first Monday in March, hold a meeting for the election of tricts. f 8Ul>dl8 ~ sub director, five days notice of which meeting shall be given by the then resident sub-director; or if there is none, by the district secretary, posting a written notice in three public places therein, and such notice shall state the hour of meeting. the day of the meeting of the electors of the district township, and also of the sub-district, a failure to give a tull notice, or any notice at all, though a violation of law, will not invalidate the proceedings of the meeting, if one be held. The president of the board of directors should preside, (sec. 32), and the secretary of the board act as secretary of this meeting, (sec. 34). '} he electors can not delegate their power to vote a tax. (b) It is the duty of the district township meeting to vote a tax for the payment of any judgment rendered against the district township, (sec. 91.) (c) To be valid, taxes must be voted on the day fixed by law. The district township meeting can legally exercise only such powers as are specifically enumerated in the law, or such as are necessary to secure the exercise of those granted. SEC. 8. See note to section 7. No minor or non-resident can take part in a meeting of electors No person can be elected to anv office unless he is a legal voter To be entitled to the right of suffrage, a person must be a male citi- zen of the United States, twenty-one years of age, a resident of the state six months next preceding the election, and of the county sixty days. (Constitution, art. 2, sec. 1.) The election must be by ballot. (Constitution, art, 2, sec. 6.) In a tie vote there is no election. The chairman of the meeting is entitled to one vote. SCHOOL LAWS OP IOWA. 5 SEC. 9. At the meeting of the sub-district, a chairman chairman and and secretary shall be appointed, who shall act as judges pointed. 7 of the election, and give a certificate of election to the sub-director elect. SEC. 10. In all district townships comprising but one Board of direc- sub-district, the board of directors shall consist of three Jj r ?hree "" sub-directors; and in all district townships comprising but rectoria - two sub-districts, it shall consist of one sub-director chosen from each sub-district, and one from the district township at large, who shall in both cases be elected in the manner provided by law for the election of one sub-director for each sub-district. The judges of the respective sub-dis- trict elections, shall canvass the votes for the sub-director chosen from the district township at large, and shall issue a certificate of election to the person elected. SEC. 11. The electors of a sub-district may, at their regular meeting in March, determine what amount is amount required fur the erection of a school-house in said sub- houJepiirposes" district, and the payment of debts contracted for the con- struction of school-houses, and the sub-director shall cer- tify the same to the next regular meeting of the electors of the district township held thereafter. SEC. 10. (a) The board of directors of a district township can never consist of less than three members. The sub-director from the district at large should be voted for at both sub-district meetings. To avoid confusion, the tickets should specify -for sub director, A B ; for sub-director at large, C D. (b.) Where there is but one sub district in a district township, the sub district meeting should ba held at some central point, on the first Monday in March, for the election of three sub-directors ; five days' notice of which should be given by the district secretary, as directed by section 8 ; and another meeting will be held on the sec- ond Monday in March, as provided by section 6 ; the powers and duties of the two meetings being entirely separate and distinct. SEC. 11. (a.) This section authorizes the electors ot a sub-dis- trict to determine what amount they desire to have raised for the erection of a school-house in their sub-district, which amount can- not be diminished by the electors of the district township, nor by the board of directors. (Sections 12 and 28). In case the sub-dis- trict takes no action on this subject, the district township meeting, (section 7, fifth clause) may vote a tax to build a house in any sub- district ; and even when the sub-district has taken action the dis- trict township meeting may vote even a greater amount than that asked for by the electors of the sub-district. See notes to sections 12 and 28. SCHOOL IAWS OF IOWA. SEC. 12. Should the electors of the district township Board of direc- neglect or refuse to vote said amount at said meeting, or fof 8 amount * a sum adequate for the erection of said house, the board (SstrictsJ 7 SU hi f directors shall, at their first regular meeting thereafter, distric^town* a PP or ^ on the same among the several sub-districts, as jus- ship neglect or tice and equity may require, taking as the basis of said said amount te apportionment the respective amounts previously levied npon said sub-districts for school-house purposes : Pro- vided, That in no case shall the rate exceed fifteen mills on the dollar on the property of any sub-district. Within ten days thereafter the secretary shall file a certified state- ment of the same with the board of supervisors, showing the amount assessed on each sub-district. Said amount Sec. 12 ( a. ) The law, solicitous for the education of all the youth of the state, is so framed as to encourage and facilitate the construction of school-houses ; hence whenever the electors of a sub-district or of a district township vote affirmatively on the school- house question, the house is inevitable, the tax must be levied, and the whole amount asked for by the electors, up to the maxi- mum rate of taxation allowed by law. ( b. ) Should the electors of the district township neglect or re- fuse to vote any amount in response to the request of a sub-district, or should they vote an amount inadequate to the erection of a suita- ble school-house, then it becomes the duty of the board of directors to apportion the whole amount determined by the sub-district to be necessary. ( c. ) The provisions of law by which sub districts were required to bear the whole expense of building their own school-houses in certain cases, was repealed by chapter 183, laws of 1868. Now the whole of every school-house tax, except as explained in division b of note to section 28 must be apportioned among the sub-districts of the township. ( d. ) Sections 12 and 28 both require that school-house tax shall be " apportioned " among the several sub-districts as justice and equity require. The real meaning and intent of this language is that each sub-district shall contribute its just proportion toward the erection of every new school-house built in the district township. This may appear uu}ast to some, but it is so in appearance more than in reality ; and it must be acquiesced in and adhered to, in or- der to reap the full advantages of our township district system. The school-house tax on a sub-district which has borne the whole expense in the erection of its house may be relatively light, yet such a sub-district should not be wholly exempted ; for in a few years it will rebuild, when it will desire and can command the assistance of the rest of the district township. SCHOOL LiWS OF IOWA. shall be levied in accordance with said statement, and col- lected and expended for the erection of a school-house in said sub-district in the same manner as though it had been voted by the district township meeting. Should the aggre- gate of sums thus applied for by the respective sub-dis- tricts, exceed ten mills on the dollar in any one year, on the property of the district township, the board of super- visors shall reduce it proportionally to that rate. BOARD OF DIRECTORS. SEO. 13. The sub-directors of the several sub-districts sub-directors shall constitute a board of directors for the district town- hoarder 8 ship, and shall enter upon their duties on the day fixed for tors * the regular meeting of the board in March, at which time they shall organize by electing from their own number a pres- ident, who shall simply be entitled to a vote as a member of the board ; and from the district township at large, a secreta- ry and a treasurer ,unless there are at least five sub-directors in the district township, in which case they may be selected from the board. If selected from the district township at when and how large, they shall have no vote in the proceedings of the b e board. ( e. ) The u basis " of apportionment is made by this section " the respective amounts previously levied upon said sub-districts for school-house purposes." By respective amounts is to be understood, not the aggregate amounts collected from those sub-districts, but the previous rate of taxation, or the number of mills assessed on the dollar. The aim and tendency should be to equalize the rate of taxation for school-house purposes, so that in a few years when the rates are leveled up, all such taxes may be levied with absolute uniformity upon all the property of the district township. This will have the effect to greatly simplify the educational machinery of the state, and to promote the harmony of its operations. SEC. 13. (a) For election of members of the board, see sections 8 and 10. The president must in all cases be a member of the board. The secretary and treasurer must be chosen from the district at large, unless there are at least five sub-directors in the district. (b) All the members and officers of the board must reside in the district township. They cannot reside in an independent district and remain members of the board. (c) The directors continue in office until the regular meeting in March, at which time they should transfer the books and papers to their successors. See section 94. 8 SCHOOL LAWS OF IOWA. SEO. 14. The board of directors shall hold their regu- Keguiar and lar meetings on the third Monday in March and September ?njs ia of the eet of each year; and may hold such special meetings as occasion may require, at the call of the president, or by request of a majority of the board. SEO. 15. They shall make all contracts, purchases, The board to payments and sales, necessary to carry out any vote of the make contracts, \. ", . , , , ,, . i_ i i ** t n purchases and district; but before erecting any school-house, they shall sales. SEC. 14. Section 31 provides that a majority of the board shall constitute a quorum. It would usually be well to 'have regular monthly meetings for the tranaction of business. Any duty imposed upon the board as a body must be performed at a regular or special meeting, and made a matter of record. The consent of the board to any particular measure, obtained of individual members when not in session, is not the act of the board, and is not binding upon the district township. SEC. 15. (a) The board of directors can make no sale of real estate unless authorized by the electors. (b) It is the duty of the board of directors to make contracts for the erection of school-houses, when the means have been provided by the electors. If the sub-director be appointed a committee for this purpose, it should be with certain limitations ; and the contract should be reported to the board for approval. (Sec. 47.) (c) The board cannot be required to commence the construction of a house, until means to a reasonable extent have been provided. (d) Before making a contract, great pains should be taken to obtain the best possible plan for the building. On this point the law requires consultation with the county superintendent. (e) Public school-houses are exempt from sale on execution. Revision of 1860 r sec. 3274. (/) A board of directors of a school district may bind a corpora- tion by contracts entered into after the election of their successors and before their qualification. Dubuque Female College v. The Dis- trict Township of the City of Dubuque, XIII. Iowa, 555. While instances may occur in which the interests of the district will be subserved by making contracts with teachers and others, which will not expire for months after a charge of officers, courtesy as well as justice dictate the impropriety of making contracts whose execution will embarrass successors in office. Ordinarily the new board should make contracts for the year which they serve. A board of directors may ratify or adopt such acts of officers de facto as the law would permit officers de jure to perform, XIII. Iowa, 555. (g) The board of directors of a district township have no power determine SCHOOL LAWS OF IOWA. 9 consult with the county superintendent as to the most approved plan of such building. SEC. 16. They shall fix the site for each school-house, ^ taking into consideration the geographical position and and convenience of the people of each portion of the sub-dis- trict, and shall determine what number of schools shall be taught in each sub-district, and, for what additional time beyond the period required by law they shall be continued during each year. to make contracts for the purchase of maps, charts, and other school apparatus, without being first authorized thereto by a vote of the electors. Taylor v. The District Township of Otter Creek, XXVI. Iowa, 281 ; also, Taylor v. District Township of Wayne. XXV. Iowa, 447. SEC. 16. (a.) The power to locate sites for school-houses is ves- ted originally, exclusively in the board of directors. This authority should be exercised with great care, and without prejudice ; and the wishes of the people, for whom the house is designed, should be consulted as far as practicable, taking into account the prospective as well as the present convenience of the people of the sub-district. (6.) The power of the board of directors to " fix the site for a school-house, carries with it the power to re-locate that site. Vance v. District Township of Wilton. XXIII Iowa, 408. The exercise of this power is a proper and necessary adjunct of the power to make alterations in the boundaries of sub-districts. The extension of settlements frequently changes the centers of population and ne- cessitates a change of sub-district boundaries, and the removal of school-houses to central localities in the new sub districts. See In- structor and School Journal, Feb., 1868, p. 145. (c.) A site near the geographical center of the sub-district should be chosen, unless controlling circumstances indicate a differ- ent selection. If possible, the site should be in the shelter of a natural or artificial grove ; and ought to include from one acre to four acres of ground. (d.) More than one school-house may be built in a sub-district, if the electors so determine, but the board determines the number of schools to be taught. (e.) As regards the length of time during which schools are to be taught in each sub-district, twenty-four weeks is the minimum, (sec. 76) ; the maximum is expressly unlimited. It is in the discretion of the board, to provide schools the year round, and to assess taxes for their support ; subject however to the limitations contained in sec. 54. 10 SCHOOL LAWS OF IOWA. SEC. 17. They may establish graded or union schools TO establish wherever they may be necessary, and may select a persoa ol8 ' who shall have the general supervision of the schools in their district, subject to the rules and regulations of the board. SEC. 18. They shall appoint a temporary president and TO^ an vacan- secretary in case of the absence of the regular officers, and shall fill any vacancy that may occur in the office of pres- ident, secretary or treasurer, or in the board of directors. TO re uire sec ^ EO * ^' They 8na ^ require the secretary and treas- rotaryand tJ urer, each, to give bond to the district, in such penalty surer to give bond. SEC. 17. Tliis section gives the board authority to establish town- ship graded schools. Such a school, open to the older and more ad- vanced pupils from everv sub-district, may be advantageously estab- lished at some central point in every district township. In sparsely- settled townships, a building with two departments or rooms would suffice, and circumstances might not require that a school should be taught in the higher department, except during the Winter. Of course, a village or town would require more liberal provisions. EC. 18. (a.) A vacancy can be created only by death, removal, resignation, or failure to elect at the proper election, there being no incumbent to continue in office. The law makes provision for all other contingencies. For instance, a failure to elect or qualify does not create a vacancy ; for the officer is continued in office " until his successor is elected and qualified." Neither does a change in the boundaries of sub-districts create a vacancy ; for the change does not take effect until the next sub-district election after it is made. If a sub-district should be divided, so as to form a new one, the sub- director would continue to act, as though no change had been made, until the expiration of his official term. (sec. 24, proviso, and note on the same ; also section 13 and note.) (b) It a person without the requisite qualifications, is elected a member of the board and acts with the board, he being a member de facto, his acts will be valid ; but when his disqualification becomes known, the board should declare the place vacant and elect his suc- cessor. (c) School directors may resign at any time. A verbal resigna- tion may be tendered to the board when in session ; or a written resignation may be handed to some member of the board to present at a subsequent meeting, for the board's acceptance. When a school director habitually neglects the duties of his office, he may be com- pelled by mandamus to perform them ; or, it is believed, the board may in 7 its discretion declare the place vacant, and elect his suc- cessor. SCHOOL LAWS OF IOWA. ]_]_ and with such securities as they may deem necessary to secure the district against loss, conditioned for the faithful performance of their official duties. The bond shall be tiled with the president, and in case of a breach of the conditions thereof, he shall bring suit thereon in the name of the district township. SEO. 20. They shall, from time to time, examine the TO examine ac- t _ , - , * 1 1 COU.nt OI TlCaS- accounts of the treasurer, and make settlement with him ; urer and report and shall present at each regular meeting of the electors ing. lstl of the district township, a full statement of the receipts and expenditures of the district township, arid such other infor- mation as may be deemed important. SEC. 21. They shall audit and allow all iust claims Audit claims IT*. T n A.I , < ,1 against the dis- against the district, and nx the compensation 01 me sec- trict. retary and treasurer; and no order shall be drawn on the SEC. 20. This section contemplates that a full report of the affairs of the district shall be made by the board at each annual meeting of the electors. This work appropriately devolves upon the president, unless the board designates some other member. When practicable, the report should be published. SEC. 21. (a) The requirements of this section are imperat ; ve and comprehensive. " Tliey shall audit and allow all just claims against the district." All demands, whether by contract or other- wise, 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 draw 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 is the duty of the board to examine all contracts for the employment of teachers, and the construction of school -houses, or for any other purpose, and to see that the stipulations have been complied with, before they authorize the payment of money therefor. (6) School orders issued without a vote of the board of directors or otherwise illegally issued, although they may be signed by the president and countersigned by the secretary, are not binding upon the district ; neither can they acquire validity by being transferred to third parties. If illegal when issued they are illegal forever. (19 Iowa, 199 and 248. Quere. When school officers transcend the pro- visions of law, do they not become individually responsible ? (c) School orders drawing any specified rate of interest can not legally be issued. If not paid on presentation, however, they will draw interest at the rate of six per cent, per annum. (Section 118.) (d) District townships and sub-districts have no authority to issue bonds or other evidence of indebtedness for the purpose of borrowing money. See opinion of Attorney-General O'Connor, in 12 SCHOOL LAWS OF IOWA. district treasury until the claim for which it is drawn has been so audited and allowed. SEC. 22. They shall visit the schools in their district, visit school*, and aid the teachers in establishing and enforcing rules for ruiL foi ta their the government of the schools; and see that they keep a eovernment.- correct list of the pupils, embracing the periods of time during which they have attended school, the branches taught, and such other matters as may be required by the county superintendent. In case a teacher employed in any of the schools of the district township is found to be incom- May expel petent, or is guilty of partiality or dereliction, in the dis- teaehersforsnf- charge of his duties, or for any other sufficient cause shown. a shown, the board of directors may, after a full and fair the School Journal for April, 1868, page 210. Independent districts may issue bonds, (section 115.) (e) Only the secretary and treasurer can receive any compensation for the discharge of duties required by law. (section 31.) SEC. 22. (a) By the general principles of law as applied to systems of common schools throughout the country, boards of direc- tors have entire control of the public schools, as well as the teachers employed to instruct them. By virtue of this general oversight and responsibility, the directors, as a board may establish such rules and regulations for the government of teachers and pupils, not inconsist- ent with law, as the interests of the schools require. The teacher is the agent of the board, and the rules made and enforced by the teacher with either the formal or tacit consent of the board, are in effect the rules of the board. The teacher is not answerable to the individual patrons of the school for the manner in which the duties of instruction are performed ; but is amenable to the board alone. (b) It is competent for boards of directors to provide by rules, that pupils may be suspended from the schools in case they shall be absent or tardy, a certain number of times within a fixed period, except for sickness, or other unavoidable cause. Burdick & Chandler v. Baboock and others, XXXI, Iowa, p pub- lished in School Journal for August, 1871. (c) Boards of directors have undoubted right to dismiss teachers for good cause shown. Investigation of cases of alleged inconiDe- tency and dereliction, should be conducted impartially ; exercising care not to needlessly injure a teacher's reputation. In case the board passes an order to dismiss, the material reason therefor fchould be spread upon the record ; for, while in case of con- test these reasons would not be conclu&ive against the teacher, the board would be estopped from presenting other reasons than those named in the record. Neville v. School Directors, 36 111. 71. When a teacher is unjustly dismissed, the proper remedy is not an SCHOOL LAWS. OF IOWA. 13 investigation of the facts of the case, at a meeting con- vened for the purpose, at which the teacher shall be permitted to be present and make his defense, expel him from school, and direct the sub-director to discharge him. SEO. 23. They shall, at their regular meeting in March gJ^gJkJj of each year, require the secretary to file with the clerk of with county of- the board of supervisors, county superintendent, and county treasurer, each, a certificate of the election, qualification, and post-office address of the president, secretary, and treasurer of the district township, and to advise them from time to time of any changes made in said offices by appointment. SEC. 24. They shall, at their regular meeting in Sep- TO divide tember, or at any special meeting called thereafter for that {So purpose, divide their township into sub-districts, such as tr justice, equity, and the interests of the people require; and may make such alterations of the boundaries of sub- districts, heretofore formed, as may be deemed necessary; and shall designate such sub-districts and all subsequent appeal to the county superintendent, but a suit on the contract with the board. The teacher can be paid only to the date of legal dismissal. SEC. 23. It is very important that the secretary should file the certificate with the county officers named otherwise, the money 8 belonging to the district may be improperly paid to persons not au- thorized to receive them. This duty should be performed by the secre- tary immediately after his election and qualification ; and whenever a change is made, the county officers should be notified- See note (b) to section 89. SEC. 24. ( a. ) The duties prescribed in this section are exceed- ingly important. It is not designed that the plat should be an ex- pensive one, or that it should be projected with mathematical exactness. Any person who is competent to perform the duties of secretary, can procure the paper (common drawing paper) and make one that will subserve all practical purposes. The record describ- ing the sections and parts of sections ot which each sub-district is composed, is the most essential thing. See Form No. 8. ( b. ) The design of the law is that all alterations should be made between the third Monday in September, and the first Monday in March. They ought to be completed at such time in February as will permit the proper notice to be given for the election of a sub- director on the first Monday of March, (section 8.) It requires a vote of a majority of all the members of the board of directors to make any changes in the boundaries oi sub-districts, (section 31.) ( c. ) By congressional divisions of land is meant those divisions 14 SCHOOL LAWS OF IOWA. alterations, in a distinct and legible manner, upon a plat of the district provided for that purpose; and shall cause a written description of the same to be recorded in the district records; a copy of which shall be delivered by the secretary to the county treasurer, and also to the clerk of the board of supervisors, who shall record the same in his Must conform office: Provided, That the boundaries of sub-districts shall to congressiou- , ' . .... ai lines. contorm to the lines oi congressional divisions ol land; and that the formation and alteration of sub-districts, as contemplated in this section, shall riot take eifect until the next sub-district election thereafter; at which election a sub-director shall be elected for the new sub-district formed. SEC. 25. In cases where, by reason of streams or other May form sub- natural obstacles, any portion of the inhabitants of any partner tw f ocS school-district township cannot, in the opinion of the townships?* * county superintendent, with reasonable facility, enjoy the advantages of any school in their township, the said county superintendent, with the consent of the board of directors of such district township as may be affected thereby, may attach such part of said township to an ad- joining township, and erect a new sub-district with part of the said adjoining township, and the order erecting the same shall be transmitted to the township district clerk in each district, and be by him recorded in his records of sub-districts, and the proper entry made on his plat of sub-districts, and such order shall designate the township district to which the new sub-district shall be attached, and all sub-Jistricts heretofore formed, conforming sub- authorized by Congress in government, surveys, of which the small- est is, in general, one-sixteenth of a section, or a tract of forty acres in a square form. Government lines, however sometimes meander along streams and other bodies of water, and divisions of land are formed of less than forty acres. SEC. 25. ( a. ) This section contains the only provision of law under which a sub-district can be formed from parts of two or more district townships; and in proceedings thereunder, the law should be strictly complied with, else the organization will be invalid. (6.) btreams well bridged and distance are not "natural obsta- cles " in the contemplation of the law. (c. ) The law contemplates that such a sub-district shall be formed only by the concurrent action of the board of directors and the county superintendent; hence, it follows that there could be no appeal from the refusal of the board to give its "consent," as that would throw the whole matter in the hands of the superintendent. SCHOOL LAWS OF IOWA. 15 stantially to the principles above expressed, are hereby declared to be legal and as valid as if formed under this provision. SEC. 26. In all cases where territory has been or may Territory may , . . . "\ . , , J be restored to be set into an adjoining county or township tor school pur- the township in poses, such territory may be restored by the concurrence of the respective boards of directors ; but on the written longs - application of two-thirds of the electors residing upon the territory within the township in which the school-house is not situated, the said boards shall restore the territory to the township district in which it geographically belongs. SEO. 27. In case an independent district embraces a part or the whole of a civil township which has no sepa- tJcE e 1 d??oin f_~ rate district township organization, upon the written appli- dependent dis- cation of two-thirds of the electors residing upon the terri- ' tory of such independent district and within such civil township, to the board of directors, they shall set off such territory, whether provided with school-houses or not, to be organized as a district township in the manner provided for such organization, when anew civil township is formed. SEC. 28. They shall apportion any tax voted by the district township meeting for school-house fund, among SEC. 28. ( a. ) Whatever amount of sehool-house tax the district township mee'ing may vote, (sec. 7), must be apportioned among the several sub-districts of the district township, as provided in the first part of this section. ( b. ) In case the electors of the district township vote an amount less than that determined by the electors of the sub-district, but yet an amount which the board of directors deem adequate for the erection of a suitable house, then the amount voted by the district township electors must be apportioned among the sub-districts as provided in the first part of this section, and the difference between the amount voted by the district township electors, (sec. 7), and that determined by the electors of the sub-district (sec. 11) must be levied on the sub-district making the appl'cation as directed in the proviso of this section. In either case, the whole amount requested by the sub district must be levied. To illustrate : suppose the sub- district meeting requests $1200, for a school-house, and the district township meeting votes $1000; the $1000 must be apportioned among the sub-districts of the township, and the excess $200 must be levied directly upon the sub-district making the application, in ad- dition to its equitable share of the $1000 apportioned. ( c. ) No school-7iouse tax can be apportioned by the board of directors or reported to the board of supervisors, unless it has been first voted by the electors, either of the sub-district or of the dis- trict township. 16 SCHOOL LAWS OF IOWA. ?chooi a Ce n ti 16 several sub-districts in such a manner as justice and ** equity may require, taking as the basis of said apportion- ment the respective amounts previously levied upon said sub-districts, for the use of such fund, provided that if the electors of one or more sub-districts at their last annual meeting shall have voted to raise a sum for school-house Eurposes, greater than that granted by the electors at the ist annual meeting of the district township, they shall estimate the amount of such excess on such sub-district, or sub-districts, and cause the secretary to certify the same within five days thereafter, to the board of supervisors, who shall, at the time of levying taxes for county pur- poses, levy the per centum of such excess on the taxable properly of the sub-districts asking the same, provided that not more than fifteen mills on the dollar shall be levied on the taxable property of any sub-district for any one year for school-house purposes. SEC. 29. They shall, at their regular meeting in March Toicyy tax for of each year, or at a special meeting convened for that tSSSSL purpose, between the time designated for such regular meeting and the third Monday in May, estimate the amount required for the " contingent fund," and also such sum as may be required for the " teachers' fund," in addition to the amount received from the semi-annual apportionment, as shown by the notice from the clerk of the board of supervisors, to support the schools of the district for the time required by law for the current year; and shall cause the secretary to certify the same within five days thereafter to the board of supervisors, who shall, at the time of levying taxes for county purposes, levy the per centum necessary to raise the sum thus certified, upon the property of the district township, which shall be collected and paid over as other district taxes are: Pro- vided, That if the electors of one or more sub-districts, at SEC. 29. (a) This section, as amended by section 54 of this chapter, requires boards of directors to certify the amount iiidollars, necessary to be raised for teachers' and contingent fund to the board of supervisors, whose duty it is to estimate and levy the per centum necessary to raise the amount so certified. (b) Section 54 limits the amount which may be levied in a district township for any ony one year to twenty-five dollars per scholar for teachers' fund, and five dollars per scholar for contingent fund. (c) The teachers' and contingent fund are not to be apportioned ainoug the sub-districts, but levied uniformly on the taxable prop- erty of the district township, with only one possible exception, that named in the proviso of this section. SCHOOL LVWS OF IOWA. 17 their last annual meeting, shall have voted to hold a school exceeding the time required by law, and exceeding the time provided for by the estimate aforesaid, it shall be the duty of the board to estimate the cost of such excess, and cause the same to be certified as aforesaid; in which case it shall be the duty of the board of supervisors to levy such excess upon the property of the sub-district voting therefor, and which shall be collected and paid over as aforesaid. SEC. 30. They shall make such rules and regulations Rules for go/- as may be necessary for the direction and restriction of direcSra. of sub-directors in the discharge of their official duties, and not inconsistent with law. SEO. 31. A majority of the board of directors shall be A majority of a quorum to transact business, but a less number may constitme a to adjourn from time to time, and no tax shall be levied by ; i /. ,1 t> i i , partial pay- erection of school-houses, and for the payment of debts ments en contracted for the same, shall be called the " school-house ders< SEC. 40. In case the sub-directors fail to make their annual reports, as required by section 49, the secretary should collect the statistics necessary for a complete report. The board of directors should pay the secretary a suitable compensation for his labor. See section 21. SEC. 41. ( a ) The language of this section is very explicit. It makes the treasurer the custodian of all moneys belonging to the district, which effectually precludes the idea of dividing the money belonging to any particular fund among the sub-districts. He can only pa} 7 it out on the order of the president, countersigned by the secretary, and the president can draw no order unless he is author- ized to do so by the board of directors. See section 21, and notes on same, and also note on sections 34 and 37. ( b ) It is unlawful to loan moneys belonging to the district. See section 4243, Revision 1860. SEC. 42. (a) Minor improvements, such as the erection ol ordi- nary out-houses, fences, etc., may be paid from either the l< contin- gent fund " or " school-house fund." Ordinary repairs should be charged to the " contingent fund " ; but when such repairs assume the magnitude of a re-building, or of an extensive addition, they should be charged to the " school-house fund." The teachers' fund must be used exclusively for the payment of teachers. (b) The impression seems to be very general, that the teachers' fund is to be divided among the sub-districts, in proportion to the number of children. The law does not contemplate any such thing. All money belonging to this fund, whether derived from the semi- annual apportionments or district school-tax (the tax determined by the board of directors, as provided in section 29), should be paid into the district treasury, as the common property of the district- 22 SCHOOL LAWS OF IOWA. fund ; " that designed for rent, fuel, repairs, and all other contingent expenses necessary for keeping the schools in operation, the "contingent fund;" and that received for the payment of teachers, the " teachers' fund ; " and the district treasurer shall keep with each fund a separate account; and shall pay no order which does not specify the fund on which it is drawn, and the specific use to which it is applied. If he have not suffi- cient funds in his hands to pay in full the warrants drawn on the fund specified, he shall make a partial payment thereon, paying as near as may be, an equal proportion of each warrant. SEC. 43. He shall receive all moneys apportioned to TO receive mon- the district township by the clerk of the board of super- Todf?ict! onJd visors, and also all money collected by the county treas- urer on the district school tax, levied for his district townsJiip, and it can only be paid out upon an order authorized by the board of directors, and signed by the president and counter- signed by the secretary. The sub-director employs the teacher, under such restrictions as the board of directors may prescribe ; and when the board are satisfied that the terms of the contract have been complied with, it is their duty to audit and allow the teacher's claim for compensation, and to pay him by an order on the treas- urer of the district township. Hence, a sub-district with twenty children may possibly receive as much money as one with forty children ; for it will cost about as much to maintain a school in the one as in the other. In this way, each sub-district will receive whatever sum may be required to pay the compensation of tlie teacher, as -fixed by the contract made by the sub-director, and the law does not design that any other disposition, or division, if you prefer the term, of the money shall be made. Some districts divide the money equally among the sub-districts, and others according to the number of chil- dren. 'Both these methods are illegal. The board of directors should fix the compensation of teachers in each sub-district, allow- ing such wages as may be justified by the peculiar circumstances and wants of each. In some sub-districts two teachers may be required, or one teacher and an assistant ; in some, a first-class teacher may be needed, while in others, where the children are small, a teacher whose services may be procured for a less compen- sation may perform successfully all the duties required. The design of the law is to furnish, as far as possible, equal educational advan- tages to all the children ot the district township. All these matters are to be determined by the board upon the principles of equity and true economy. See section 41, and note on same. SEC. 43. See section 59. SCHOOL IAW8 OF IOWA. 23 SEC. 44. He shall register all orders on the district J../ e s ister or- treasuiy reported to him by the secretary, showing the number of the order, date, name of the person in whose favor drawn, the fund on which it is drawn, for what pur- pose, and the amount. SEC. 45, He shall render a statement of the finances TO render state- of the district from time to time, as may be required by m the board of directors, and his books shall always be open for inspection. SUB-DIRECTOK. SEC. 46. Each sub-director shall, on or before the official oath of third Monday in March following his election, appear before some officer qualified to administer oaths, and take an oath to support the Constitution of the United States, and that of the state of Iowa, and that he will faithfully discharge the duties of his office; and in case of failure so to qualify, his office shall be deemed vacant. Any school director or director elect, is hereby authorized to administer to any school director elect the official oath required by law. SEC. 47" It shall be the duty of the sub-director, f^;^^^ under such rules and regulations as the board of directors enPand make may prescribe, to negotiate and make in his sub-district repairs - all necessary contracts for providing fuel for schools, em- ploying teachers, repairing and furnishing school-houses, and for making all other provisions necessary for the con- venience and prosperity of the schools within his sub- district, and he shall have the control and management of SEC. 44. The register provided for in this section is indispensa- ble to the treasurer, under the law requiring him to make partial payments on orders, when he has not funds sufficient to pay them in full. (sec. 42.) It is essential that he should know the exact amount of outstanding orders, and for this reason the secretary is required to report to him all orders drawn on the district treasury. See sec. 34, and note on same, and Form No. 12, and note appended. SEC. 45. Especially should a full report of finances be included in the annual report to the district township meeting. Section 20. and note thereto. SRC. 46. In case a sub-director fails to qualify, the vacancy thus created is filed by his predecessor, who holds over another year. A person thus holding over, should renew his oath of office. SEC. 47. In performing the duties required of him by law, the sub-director is subject to any regulations consistent with law which 24 SCHOOL LAWS OF IOWA. the school-house, unless otherwise ordered by a vote of contracts to be the district township meeting. All contracts made in approved. ., -^1-1 t* , i T -,, -, conformity with the provisions of this section, shall be approved by the president, and reported to the board of directors, and said board, in their corporate capacity, shall be responsible for the performance of the same on the part of the district township. SEC. 48. He shall, between the first and tenth days of TO register September of each year, prepare a list of the names of the names of the -,- 1 -, n .-,. Y i * i T , i . i i heads of fami- neads ot families in his sub-district, together with the number of children between the ages of five and twenty- one years, distinguishing males from females, and shall record the same in a book kept for that purpose. SEC. 49. He shall, between the tenth and fifteenth TO make annual days of September of each year, report to the secretary of the district township the number of persons in his sub-district between the ages of five and twenty-one years, distinguishing males from females. SEC. 50. He shall have power, with the concurrence May dismiss of the president of the board of directors, to dismiss any pupils. pupil from the schools in his sub-district,for gross immor- ality, or for persistent violation of the regulations of the school ; and to re-admit them, if he deems proper so to do ; and shall visit the schools in his sub-district at least twice during each term of said school. SEC. 51. All contracts with teachers shall be in contracts with writing, specifying the length of time the school is to be teachers to be taught, in weeks; the compensation per week, or per month of four weeks ; and such other matters as may be the board may prescribe. See sections 8, 11, 22, 30, and the notes thereto. The sub-director can receive no compensation for services, section 31. SEC. 49. The failure of the sub-directors to make their reports, as, required by this section, will deprive the district township of its proportion of school-money. See also, section 48. SEC. 50. The visiting of schools prescribed by section 22, and by this section, should be conscientiously performed. The power to dismiss teachers (22) and pupils (50) should be judiciously exercised. WhUe the interests of the schools must not on any account be jeop- ardized, great care should be taken not to treat individuals with in- justice. SEC. 51. Contracts with teachers, and all other contracts made by the sub-director, must be filed with aud approved by the president, if correct, and reported to the board of directors. Section 47. A contract made by a sub-director who is president, should SCHOOL LAWS OF IOWA. 25 agreed upon ; and shall be signed by the sub-director and teacher, and be approved by and filed with the president before the teacher enters upon the discharge of his duties. BOARD OF SUPERVISORS. SEC. 52. The board of supervisors of each county, county school -, n , ,1 ,. n. i . ,T r /. > 7 tax to be levied. shall at me time ot levying the tax lor county purposes, levy a tax for the support of schools within the county, of not less than one mill, nor more than two and one- half mills on the dollar, on the assessed value of all the real and personal property within the county, which shall be collected by the county treasurer, at the time, and in the same manner as state and county taxes are collected, except that it shall be receivable only in cash. SEO. 53. They shall also levy at the same time, the District school district school tax certified to them, from time to time by ta the respective district secretaries. SEC. 54. All taxes hereafter voted and levied under specific sums the provisions of chapter 172, laws of the Ninth General choo!Siouse? or Assembly, and the acts amendatory thereto, shall be coSngent fSSa after the following manner, to- wit: Each school-district to bo voted - township and independent school-district, shall vote the several specific sums of money deemed by them neces- sary to be raised for school-house fund, teachers' fund, and contingent fund, respectively in their respective school-districts, at the same time as now provided by be submitted to the board for approval. Teachers' contracts do not require a revenue stamp. Section 61 prohibits the employ- ment of a teacher who has not a certificate. The certificate should be produced before the contract is signed. SEC. 54. (a.) Under the provisions of this section, the electors at the sub-district, district township, and independent district meet- ings, vote the specific sums deemed necessary for school-house fund ; these amounts are to be apportioned among the sub-districts by the board of directors, who also, determine, under the provisions of section 29, the sums of money deemed necessary for teachers' and contingent fund ; all of which sums are to be certified by the secre- taries to the board of supervisors, whose duty it is to determine the per centum necessary to raise the several amounts certified. (&.) The limit alluded to in the first part of the proviso to this sec- tion is found in sections 7, 12, 28, and 103. The rate can in no case exceed fifteen mills on the dollar OD the property of any sub-district Si 26 SCHOOL LAWS OF IOWA. law, and the secretary of each district township, or inde- secretary to cer- pendent school-district, shall certify the several sums so board ^nfupe? voted to the board of supervisors, designating the amount of school-house tax to be levied in each sub-district, who, in levying the said taxes, shall determine and fix as near as may be, the per centum necessary to be levied upon the property of each sub-district, township, or independ- ent school-district, in order to realize ^he respective sums so certified, due regard being had in all cases, to the proper apportionment of the school-house fund tax, between the several sub-districts of any district township as now provided by law. Provided, always, That the per centum so levied shall in no case exceed the limit now fixed by law, but in case the board of supervisors ascertain that the specific sum certified is greater than the maximum per centum now authorized will produce, the board shall nevertheless levy such maximum limit; contingent and the amount raised for contingent fund shall not i^pe/schoiar*- exceed five dollars per scholar, and the amount raised for fo ac $i5 S per imd teachers' fund, including the amount received from the scholar. semi-annual apportionment, shall not exceed fifteen dol- lars per scholar, for each scholar residing in the district township, or independent district for which the tax is levied. The number of persons between the ages of five and twenty-one years, as shown by the last report of the county superintendent, shall for the purposes of this act, be deemed the number of scholars in each school-district. SEO. 55. The board of supervisors shall, at the time Ssors toreXce of levying the taxes for teachers' and contingent fund, cer- case of excess 10 ^fied under section 29, ascertain whether the amount so certified exceeds the limitation in the preceding section, and in case of any excess, they shall reduce the per centum of tax levied, until the amount shall come within said limitation. SEO. 56. The boundary lines of no civil township shall be changed by the board of supervisors of any county, so as to divide any school district or sub-district for school-house fund, nor can the aggregate of the sums levied for this purpose on the respective sub-districts exceed ten mills on the dollar in any one year on the property of the district township. SEC. 56. The object of this section is to prevent such changes in the boundaries of civil townships as will divide sub-districts. Under its provisions such changes can only be made, first, upon the petition a majority of the voters of the sub-district to be divided ; second, where changes are made conforming to the lines of congressional townships. SCHOOL IAWS OF IOWA. 27 by changing the boundary lines thereof, except when a *|j majority of the voters of such district or sub-district shall vide "sub-dis- petition therefor. Provided, however, that this act shall on C congre e seion- not prevent the change of the boundary lines of any civil JouuT" township, when such change is made by adopting the lines of congressional townships. COUNTY AUDITOK. SEC. 57. The clerk of the board of supervisors shall, on the first Monday in April and fourth Monday in Sep- tember of each year, apportion the county school-tax, fjjjjj^s die ~ together with the interest on the permanent school-fund to which his county is entitled, and all other money in the hands of the county treasurer belonging in common to the schools of his county, and not included in any pre- vious apportionment, among the several school-districts therein, in proportion to the number of persons between five and twenty -one years of age, as shown by the report of the county superintendent filed with him for the year immediately preceding, which report, showing the number of persons between the ages of five and twenty-one years, in each school-district in the county, shall be so filed on the fifth day of October annually. SEC. 58. He shall forward to the superintendent of public instruction, a certificate of the election or appoint- ment and qualification of the county superintendent; and StuS^Buperfn shall also, on the second Monday in February and te o ^ ?jj e ^ d t re auditor of state SEC. 57. A provision of the law of 1858, which required one- half of these funds to be equally divided among the school-districts of the county, and the other moiety according to the number of youth, was declared to be in conflict with the constitution. The District Township of the City of Dubuque v. The County Judge of Dubuque County, XIII Iowa, 250. SEC. 58. It is important that the certificate referred to should be promptly forwarded to the superintendent of public instruction. Otherwise, the interests of the county may suffer by the transaction of business with persons not duly authorized to act. The certificate should in all cases certify to the qualification as well as the election or appointment of the county superintendent ; for although he may be properly elected or appointed, yet he can not be recognized until it is known that he has taken the necessary oath of ofiice. When- ever any change is made by resignation or otherwise, a certificate of the appointment of a successor should be immediately forwarded. 28 SCHOOL LAWS OF IOWA. August of each year, make out and transmit to the audi- tor of state, in accordance with such form as the said auditor may prescribe, a report of the interest of the school-fund then in the hands of the county treasurer, and not included in any previous apportionment ; and also the amount of said interest remaining unpaid. COUNTY TREASURER. SEC. 59. The county treasurer shall, on the first Mon- county treas day in April, of each year, pay over to the treasurer of tal, r Ind a rendeJ the district the amount of all school district tax which statement. shall have been collected, and shall render him a state- ment of the amount uncollected ; and shall pay over the amount in his hands quarterly thereafter. He shall also keep the amount of tax levied for school-house purposes separate in each sub-district, where such levy has been made directly upon the property of the sub-district making the application, and shall pay over the same quarterly to the township treasurer, for the benefit of such sub-district account sepa with ^ Q shall, in all counties wherein independent school-dis- sehooi-Sricts tr ^ 8 are r g an i z ed, keep a separate account with said andpay S over independent school-districts, in which the receipts shall be daily entered, which books shall at all times be open to the inspection and examination of the district board of directors, and shall pay over to the said independent school-districts the amount of school taxes in his posses- sion, on the order of the board, on the first day of each and every month. SEC. 60. On the first day of each quarter, the county shall render a treasurer shall give notice to the president of the school statement quar- ^^ of each fo^ghjp j n ftg county, of the amount COl- lected for each fund; and it shall be the duty of the presi- dent of each board to draw his warrant, countersigned by the secretary, upon the county treasurer for such amount, Pay over funds who shall pay the amount of s*ich taxes to the treasurers ran?. * "" of the several school boards only on such warrants. TEACHERS. SEC. 61. No person shall be employed to teach a com- mon school which is to receive its distributive share of the SEC. 61. (a) The only legal certificates, besides those given by county superintendents, are the perpetual state certificates issued by the board of educational examiners, for which see sec. 138, etc. (6) The teacher must have a certificate during the whole term SCHOOL LAWS OF IOWA. 29 school fund, unless lie shall have a certificate of qualifica- NO teacher to tion signed by the county superintendent of the county wlthout m cerdfi- in which the school is situated, or by some other officer cate - duly authorized by law; and any teacher who commences teaching without such certificate, shall forfeit all claim to compensation for the time during which he teaches with- out such certificate. SEC. 62. The teacher shall keep a correct register of Teacher to keep the school, which shall exhibit the sub-district, township, re county, and state, in which the school is kept; the day of the week, the month and year; the name, age, and attend- ance of each scholar, and the branches taught. When scholars reside in different districts, a register shall be kept for each district. of school ; the law is imperative on this point. A person is not authorized to teach a single day beyond the period named in his certificate. ( c ) A teacher who by his contract is authorized or required to employ his assistants, can employ only those who have certificates. But the law does not contemplate that teachers shall be employed except by the directors. Even in case of a teacher's temporary ab- sence from sickness or any other cause, the place should be supplied with some duly qualified person selected by the directors. ( d ) In case a person is employed or continued as a teacher in violation of law without a certificate, a resident elector of the town- ship district may sue out a writ of injunction, restraining the person from teaching and the district from paying. Such a writ can not be served at the instance of the county superintendent, XYII Iowa, 228. Boards of directors employing and paying such teachers are liable to prosecution under the provisions of the general statutes for mis- application of funds. See sections 4301, 4302, 4303,' Revision of 1860. SEC. 62. The teacher may be held responsible to the board, for the efficient discharge of every duty properly attaching to the office of teacher, including the oversight and preservation of "hool buildings, grounds, furniture, apparatus, and other school pr ; >erty, as well as the more prominent work of instruction and government. Such labor, however, as sawing wood, making fires, and sweeping the school-house, is no appropriate part of a teacher's duty ; and its performance by the teacher can not be legally enforced by the board, unless the teacher has voluntarily stipulated to do it. The cost of this work is properly chargeable to the "contingent fund," and in all well regulated districts and schools this course is pursued. If teachers voluntarily assume these duties as a matter of conveni- ence and economy to the district, it is all very well. For other provisions relating to teachers see sections 22, 51, 64, 65,81, 82, and notes thereto. gO SCHOOL LAWS OF IOWA. SEC. 63, The teacher shall immediately after the TO me copy of close of his school, file in the office of the secretary of the board of directors, a certified copy of the register afore- said. COUNTY SUPERINTENDENT. SEC. 64. On the last Saturday of each month the TO meet and county superintendent shall meet all persons desirous of examine teach- p ass j n g an examination, and for the transaction of any other business within his jurisdiction, in some suitable room provided for that purpose by the board of supervisors at the county seat, at which time he shall examine all such applicants for examination as to their competency and ability to teach orthography, reading, writing, arith- metic, geography and English grammar and history of the United States; and in making such examination, he may, at his option, call to his aid one or more assistants. SEC. 65. If the examination is satisfactory, and the TO issue cer- superintendent is satisfied that the respective applicants possess a good moral character, and the essential qualifi- cations for governing and instructing children and youth, SEC. 63. A correct copy of the teacher's register is usually indis- pensable to the proper discharge of the secretary's duties ; hence the secretary of the district may refuse to sign an order for teacher's wages, until the register is filed in his office as required by this section. SEC. 64. The law does not authorize the appointment of a deputy county superintendent, except for the examination of teachers and even in that case the certificate must be given by the superintendent himself, (sec. 68.) In case of temporary absence from the county, or of sickness, the superintendent may authorize another person to discharge specific duties, such as examining teachers, or making reports ; but he cannot delegate authority to try appeals or visit schools. SEC. 65. (a). County superintendents should remember that they are to inquire, not only into the applicant's literary qualifica- tion, but they must also be " satisfied that the applicants possess & good moral character, and the essential qualifications for governing and instructing children and youth." Scholarship, moral character, ability to govern, aptness to feaefc, the law requires all four of these qualifications in those to whom are intrusted the highest interests of the state- the education of its youth. (5) There is no legal incompatibility between the office of teacher and that of county superintendent. And as the law (section SCHOOL LAWS OF IOWA. 31 he shall give them a certificate to that effect, for a term not exceeding one year. SEC. 66. Any school officer or other person shall be J^^J ^ permitted to be present at such examination ; and the su- names record- perintenclent shall make a record of the name, residence, ed ' age, and date of examination of all persons so examined, distinguishing between those to whom he issues certifi- cates, and those rejected. SEC. 67. If any person shall make application for an Applicants to J F i i 11 ^ 1 pay a fee of one examination at any other time, he shall pay the superin- dollar, tendent a fee of one dollar before the examination is com- menced, as a compensation therefor; unless he presented himself on the regular day specified, and was unable from no fault of his own to obtain an examination, in which case no fee shall be required of him. t SEC. 68. If for any cause the county superintendent May appoint cannot be present at the regular day thus fixed, he shall e appoint one or more deputies to make the examination in his stead. He shall afterwards issue certificates to those who receive the recommendation of his deputies as aforesaid. SEC. 69. The superintendent may revoke the certifi- cate of any teacher in the county, which was given by the superintendent thereof, for any reason which would have 61) requires every teacher employed in the public schools to have a certificate, and as the county superintendent is the only authority, except the state board of examiners, (section 138), that can grant certificates, if the county superintendent has not a state certificate, he may as a matter of form issue a certificate to himself. (c) No person is entitled to a certificate unless he is able to instruct a school in all the branches required by law in English. See section 83, and note (e) to section 76. (d) A certificate may, in the discretion of the county superinten- dent, be given for a less peried than one year. SEC. 67. The courts have decided that the " one dollar " men- tioned in this section, is the full compensation to which superinten- dents are entitled for individual examinations. For- the examination of those referred to in the latter part of the section, of whom " no fee shall be required," the superintendent is entitled to his usual psr diem. SEC. 68. See note to section 64. SEC. 69. See section 81 and note thereto. Though an appeal will lie in such cases, the discretion of a county superinteudent in refusing or revoking a teacher's certificate will not be interfered with by the superintendent of public instruction, 32 SCHOOL LAWS OF IOWA. justified the withholding thereof when the same was given, after an investigation of facts in the case of which investigation the teacher shall have personal notice, and he shall be permitted to be present and make his defense. SEC. 70. On the fifth day of October of each year he shall annn- make a repoi t to the superintendent of public instruction, containing an abstract of the reports made to him by the respective district secretaries, and such other matters as he shall be directed to report by said superintendent, and as he himself may deem essential in exhibiting the true condition of the schools under his charge ; and he shall at the same time file with the clerk of the board of supervi- sors a statement of the number of persons between the ages of five and twenty-one years, in each school-district in his county. SEC. 71. Should he fail to make either of the reports port ure to re " required in the last section, he shall forfeit to the school fund of his county the sum of fifty dollars, and shall be- sides, be liable for all damages caused by such neglect. SEO. 72. He shall, at all times, conform to the in- TO conform to structions of the superintendent of public instruction, as and tmc transmit to matters within the jurisdiction of the said superintend- SSt officers ent - He shall serve as the organ of communication be- tween the superintendent and township or district author- ities. He shall transmit to the townships, districts or teachers, all blanks, circulars, and other communications, which are to them directed. unless it is clearly shown that in such act, the county superinten- dent violated law or abused his discretion. See opinion of attorney- general in the School Journal for June, 1867, p. 212 ; also the case of Dougherty v. Tracy, an appeal from Grundy county, in the Softool Journal for October 1867, p. 26. SEC. 70. (a) Superintendents may often increase the accuracy of their reports by comparing some of the items of secretaries' reports with the books of the couuty treasurer. This remark applies espe- cially to the amounts apportioned on the first Monday of April and the fourth Monday of September, by the clerk of the board of super- visors. (b) Should the county superintendent foil to make the reports required by this section, the county will forfeit its proportion of the income of the permanent school fund, and the superintendent wi. be liable to the penalties enumerated in section 71. (c) Should the district secretaries fail to make their reports in time, the superintendent should take prompt measures to secure them, even go after them in person if necessary. SCHOOL LAWS OF IOWA. 33 SEC. 73. It shall be the duty of each county superin- Report to super- tendent to report on the first day of November of each gtitnttonforthe year to the superintendent of the Iowa institution for the blind - blind, the name, age, residence, and post-office address of every blind person and every person blind to such an ex- tent as to be unable to acquire an education in the com- mon schools and who resides in the county in which he is superintendent. SEC. 74. It shall be the duty of each county superin- Report to super- tendent to report on the first day of November of each smuttoSVoJ t'he year to the superintendent of the Iowa institution for the deaf and dumb - deaf and dumb the name, age and post-office address of every deaf and dumb person between the ages of five and twenty-one, who resides in the county in which he is superintendent, including all such persons as may be deaf to such an extent as to be unable to acquire an education in the common schools. It shall be the duty of the sec- retary of each school district to furnish the information above required with his annual report to the county su- perintendent. SEC. 75. For the time necessarily spent in the dis- compensation, charge of his official duties he shall receive the sum of three dollars per day, to be paid from the county revenue: SEC. 75. (a) It may not be practicable in some counties for the superintendent to visit every school each term. After visiting them once, and there is not time to visit them all again, he should deter- mine where his visits will probably do the most good, and divide his time accordingly. The law does not limit the superintendent to one visit each term. (6) County superintendents are undoubtedly entitled to pay for attending teachers' institutes. The law provides for holding such institutes, and makes it the duty of the superintendent to attend to the preliminary arrangements. The superintendent is expected to render such aid in conducting the institute as he may be able to give. When he is designated as the one to conduct the institute or to lecture, of course he will be paid out of the appropriation from the state ; but when he attends to examine teachers, and to aid generally, he should be paid by the county. (c) If superintendents devote ten or even fourteen hours of the twenty-four to official labor, they can charge for but one day. On the other hand the law recognizes no fractious ; or, in other words, every fraction of a day in which superintendents are necessarily engaged in the discharge of official duties, is to be rated as a full day. This position has been maintained by some of our courts. s5 34 SCHOOL LAWS OF IOWA. visit schools, provided that lie shall visit each school in his county at least once in each term, and shall spend at least one-half day in each visit; and he shall be entitled to such addi- tional compensation as the board of supervisors may al- low; provided further, that he shall file a sworn statement of the time he has been employed in his official duties with the clerk of the board of supervisors, before he shall be entitled to any compensation. GENERAL PROVISIONS. SEC. 76. In each sub-district there shall be taught one or more schools for the instruction of youth, between (d) When a county superintendent is present at the appointed place on the last Saturday of the month for the examination of teachers, he is entitled to his per diem, even if no one appears for examination. In visiting schools, the time spent in necessary travel may properly be counted as part of the " day " for which he is en- titled to receive compensation. (e) Trouble has sometimes arisen between county superintend- ents and boards of supervisors in regard to the auditing of their accounts for services rendered. Supervisors sometimes claim the privilege of revising and reducing the sworn accounts of superin- tendents. For this we find no warrant of law. The statute defines superintendents' duties, and provides that " for the time necessarily spent in their discharge, he shall receive the sum of three dollars per day, to be paid from the county revenue," and such additional compensation as the board of supervisors may allow. In our opin- ion, the county superintendent is the judge of the amount of time necessary to properly discharge the duties which the law imposes. He has taken a solemn oath to discharge these duties with fidelity ; and the law clothes him with a large discretion, while it gives the board of supervisors no power to restrict. The superintendent may err in judgment, but if he errs honestly he is not amenable to the board. The law requires the superintendent to file a sworn statement with the clerk of the board, of the time he has been em- ployed in the discharge of his official duties, and this is to the board legal evidence ot service. If he swears falsely, or commits fraud, he may be removed from office, and otherwise punished; but as long as no fraud is alleged, the board of supervisors have no right to sit in judgment on his account, nor to modify it, except to in- crease the allowance as provided by this section. The salary should be as promptly audited and paid as if it were so many dollars per month or per annum. SEC, 76. (a) The requirements of this section are imperative - SCHOOL LAWS OP IOWA. 35 the ages of five and twenty-one years, for at least twenty- f^ugh' 1 * four weeks, of five school days each, in each year, unless wee ^ the county superintendent shall be satisfied that there is good and sufficient cause for failure so to do. Any person who was in the military service of the United States during his minority shall be admitted into the schools in the sub-district in which he may reside, on the schools? a school shall be taught in each sub-district, but if the county super- intendent is fully satisfied, after a careful investigation of the facts, that it is utterly impracticable to have a school, he may release the board of directors from their obligation to establish one. If the sub-district is large, the board of directors may establisli such number of schools, in different localities, as they may consider nec- essary for the accommodation of the children. (b) Under section 16 the board of directors have power to pro- vide for a longer period of school than twenty-four weeks ; but this increase of time must apply alike to all ot the sub-districts, except in cases where a sub-district makes provision for further increase of time, as contemplated in section 29. (c) All the youth of the state from five to twentv-one years of age, irrespective of religion, race, or nationality, are entitled to the same school facilities. AVhile schools may be graded according to the proficiency of pupils, no discrimination based on color, such for instance as requiring colored pupils to attend separate schools, can be enforced. Clark v. The Independent District of Muscatine, xxiv. Iowa, 266. (d) Persons over twenty-one years of age are not entitled to the benefits of the public school, except as provided in the latter part of this section. If, however, the school is not full, they may be admitted, in the discretion of the board, upon such equitable terms as the board may prescribe. Children under five years of age will be more injured by the confiaement, than benefitted by the instruction. They can not legally claim the advantages of the school, and should not be admitted. (e) The law imperatively requires that the instruction given in our public schools shall be the English language, (section 83.) Neither German nor any other foreign language can be taught to the exclu- sion of the English. The interests of the state require that all its citizens should be familiar with the language in which our state and national laws are printed, and in which our public records are preserved. The strength of a government is its unity. One great object of the school system of Iowa is to coalesce and unite its citizens of various nationalities into one harmonious whole to Americanize them. 36 SCHOOL LAWS OF IOWA. same terms on which youths between the ages of live and twenty-one are admitted. SEC. 77. Children residing in one district township children resid- may attend school in another, in the same or adjoining Jrilt^townsMp county, on such terms as may be agreed upon by the may attend respective boards of directors of the district townships school in an- , L j -i , -t . -i -, * other. interested, but, in case no such agreement is made, they may attend school in such adjoining district township, with the consent of the board of directors thereof, when they reside nearer to the school in said district township than to any school in their own district township. The board of directors of the township in which the children reside shall be notified in writing, and the district township in which they reside, shall pay to the district in which they attend school the average tuition of said children per week, and an average proportion of the con- tingent expenses of the sub-district where they attend school, and in case of refusal so to do, the secretary shall file the account for said tuition and contingent expenses, certified to by the president, with the clerk of the board of supervisors of the county in which said children reside, who shall, at the time of making the next semi-annual TO pay average apportionment thereafter, deduct the amount from the tfngeTt^expTn- sum apportioned to the district township in which said ses - children reside, and pay it over to the district township in which they have attended school. SEC. 78. Pupils who are actual residents of a district Terms of ad- township, shall "Be permitted to attend school in the same, School in* dis- regardless of the time when they acquired such residence, trict township. SEC. 77. (a) The design of the law is to give every family, regardless of locality, equal advantages as far as possible ; and this section is designed for the relief of persons residing near township lines, and too remote from the school-house in the sub-distiict in which they reside to be accommodated. The application should first be made to both boards of directors, and in case they refuse to make any joint arrangement, then it may be made to the board of directors of the district township in which the school to which the applicant desires to send his children, is situated. ( b ) The law does not contemplate that pupils shall enjoy the benefit of a full term of school in their own township, and then attend the remainder of the year in an adjoining township at the public expense. Only equal educational facilities can be claimed. SEC. 78. The object of this section is to protect the rights of the pupil, and at the same time prevent abuses of the privileges SCHOOL LAWS OF IOWA. 37 whether before or after the enumeration, or of the resi- dence of their parents or guardians; but pupils who are sojourning temporarily in one district township, while their actual residence is in another, and to whom the last preceding section is not applicable, may attend school upon such terms as the board of directors may deem just and equitable. SEC. 79. Pupils may attend school in any sub-district JJPfSS*?^ of the district township in which they reside, with the eub-distwet to consent of the sub-director of such sub-district, and of the sub-director of the sub-district in which such pupils reside. SEC. 80. A school month shall consist of four weeks school month, of five school days each. SEC. 81. During the time of holding a teachers' insti- Teacher^ insti- tute, in any county, any school that may be in session in tl such county shall be closed; and it is hereby made .the duty of all teachers, and persons desiring a teacher's cer- tificate, to attend such institute, or present to the county conferred. The residence of the pupil, and not of the parent, deter- mines his right to attend school. The parent, for example, may reside in one district and the child be an apprentice in another. In such case he must be permitted to attend school in the district in which he resides. But if the parent sends him into another district to remain for a limited period, and perhaps for the ostensible pur- pose of attending a better school, it is an evasion of the law ; and in such case he can only attend on such terms as may be prescribed by the boarci of directors. SEC. 81. (a) County superintendents may revoke certificates of teachers for non-attendance at the annual institute during the full time. An attendance of two or three days is not a compliance with the law. ( b ) It is believed that the law will not compel the suspension of the schools and the attendance of teachers at more than one institute in each year ; but such institute is not limited by law to one week, (section 137.) ( c ) Where either the law or the action of the board of directors requires the suspension of schools, teachers are entitled "to compen- sation precisely as though there had been no interruption, unless otherwise stipulated in the contract. As the law suspends the schools during institute week, teachers are entitled to compensation. See opinion of the Attorney-General in School Journal, June, 1865. But as the law requires the attendance of teachers, they should be paid for only as many days as they spend in the institute. 38 SCHOOL IAW6 OF IOWA. superintendent satisfactory reasons for not so attending, before receiving such certificate. SEC. 82. The Bible shall not be excluded from any Bii>ic not to be school or institution in this state, under the control of the Board, nor shall any pupil be required to read it contrary to the wishes of his parent or guardian. SEC. 83. The electors of any school district, at any German or legally called school meeting, may, by a vote of a major- mJy r be ai t.f!!gM ity of the electors present, direct the German, or other "chS"i b s! ic language, to be taught as a branch in one or more of the schools of said district, to the scholars attending the same, whose parents or guardians may so desire; and thereupon it shall be the duty of such board of directors to provide that the same be done : Provided, That all other branches taught in said school or schools, shall be taught in the English language: Provided, further, That the person employed in teaching the said branches shall satisfy the county superintendent of his ability and qualifications, and receive from him a certificate to that effect. (d) Teachers are entitled to the following legal holidays: "the first day of January, the fourth day of July, the twenty-fifth day of December, and any day appointed or recommended by the Gov- ernor of this state or by the President of the United States as a day of fasting or thanksgiving." (sec. 1814, Rev. 1860), and they cannot be required to make up the time. SEC, 82. (a) The term'' board " in this section refers to the board of education, now abolished, and the "schools " and " institutions " referred to are those which " are instituted to receive aid from the school or university-fund of this state." Art. IX., sec. 8, new con- stitution of Iowa. ( b ) While moral instruction should be given in every school, neither this section nor the spirit of our constitution and laws, will permit a teacher or board of directors to enforce a regulation in regard to religious exercises, which will bind or wound the con- science of any ; and no pupil can legally be required to conform to any particular mode of worship, against the expressed wish of parent or guardian. Our common schools are maintained at public expense, and the law contemplates that they shall be equally free to every faith. A very suitable devotional exercise for our public schools, and one in which all should delight to join, consists in the reading of a portion of scripture without note or comment, and the concert repetition of the Lord's Prayer; but even in this, no pupil Can be compelled to participate in opposition to the expressed wish of parent or guardian. SCHOOL IAWS OF IOWA. 39 SEC. 84. The board of directors of each school district is hereby authorized to subscribe for and take at least one subscribe for ,. /, T o i i T i SchoolJournal. copy ot the Iowa bchool J ournal. SEC. 85. The copy or copies of the Iowa School Jour- school journal nal, which may be subscribed for agreeably to the provis- library. dl ion of the preceding section, shall be and remain a part of the school district library. SEC. 86. The board of directors of any district town- Boards not^o ship or independent district shall not order, or direct, or books oftener make any change in the school books, or series of text three years" 1 books, used in any school under their superintendence, direction, or control, more than once in every period of three years, except by a vote of the electors of the district township or independent district. SEC. 87. No appropriation of public money or other Public money , ,, , \ -, /. i not to be appro- property shall be made, and no gilt, loan, or appropria- priated te insti- tion of money or property shall be authorized or made by sectarL l i nd con- the corporate authorities, supervisors, or trustees of any troL county, township, city, or town, or municipal organiza- tion of this state, to, or in favor of any institution, school, association, or object, which is under ecclesiastical or sec- tarian management or control. SEC. 88. All fines and penalties collected from a Fines and pen- school district officer by virtue of any of the provisions altl< of this chapter, shall enure to the benefit of that particu- lar district. Those collected from any member of the board of directors shall belong to the district township, and those collected from county officers, to the county. In the two former cases suit shall be brought in the name of the district township ; in the latter in the name of the county, and by the district attorney. The amount in each case shall be added to the fund next to be applied by the recipient for the use of common schools. SEC. $4. The law contemplates that copies of the ScJiool Journal which may be subscribed for in pursuance of this section shall be pnid for from the funds of the district, la case no library fund is created, an order may be drawn on the " contingent fund." The boards are not limited to a single copy, but may subscribe for enough copies to supply one to each member of the board. The copies thus subscribed for do not become personal property. Sec- tions 85 and 94. The State prorides for sending a copy of this Journal to each county superintendent. SEC. 85. At Iqast one complete file of the School Journal should be kept in each district, and permanently bound year by year and preserved for future reference. 40 SCHOOL LAWS OF IOWA. SEC. 89. In all cases where a school district, as con- district stituted at the time of the taking effect of an act entitled er more " An act for the public instruction of the state of Iowa," civil townships. approve( i March 12th, 1858, and formed of a part of two or more civil townships in the same or adjoining counties, had a school-house erected, which said house had not been destroyed, removed or abandoned, said district as at that time constituted shall be and remain a sub-dis- trict in, and form a part of the district township in which such school-house is situated, for voting, taxation, enu- meration of children, distribution of money, and all other school purposes, as fully as though said sub-district were all included within the township in which the school house is situated. And the boundaries of such sub-dis- trict shall not be changed, except with the concurrence of the boards of directors of the townships interested : Pro- vided, That upon the written application of two-thirds of the electors residing upon the territory within the town- ship in which the school-house is not situated, to the respective boards of directors, or when said school-house has been removed, or said territory is uninhabited, it shall remain under the jurisdiction of, and form a part of the district township to which it geographically belongs ; and any tax which has been levied on said territory for the construction of a school-house at any other site than school-house the one originally occupied, shall be refunded to the dis- led * trict township to which said territory reverts, for the con- struction of a school-house in the sub-district in which said territory may subsequently be included ; and the respective boards of directors shall, in either case, divide SEC. 89. () The design of the present law is to make each civil township a school district. The provisions of this section, and those under the head of independent school districts, together with section 25 form the only exceptions to the general rule. The sec- tion under consideration is designed simply for the protection of districts that were formed under the laws in force prior to the 12th of March, 1858. (b) In districts formed of parts of two or more counties, the sec- retary should report the number of children and amount of taxes voted in the respective counties, to the proper officers of each county. The district township treasurer will receive all moneys accruing to the district from each county ; and in all such cases the secretary should certify the names of the district officers to the county officers of each county . See sec. 23, and note to same. SCHOOL LAWS OF IOWA. 41 their districts in accordance with the provisions of this section. SEO. 90. Where under the school laws of the state hereto- fct s c C om 01 " fore in force, from the necessities of localities arising from posed of parts natural obstructions, the organization of school districts un- may, in certafn der said laws and for the convenience and accommodation nto S fnYep7nd d of the people, school districts were formed of portions of two ent districts, counties of territory lying contiguous to each other, and where, under present laws, such districts are not provided for, at the written request of five legal voters residing in portions of said territory in each county, the board of directors of the district township to which such territory belongs, having a majority of the legal voters, shall fix the boundaries of an independent school district composed of such sections of land, or portions thereof, as may be specified and described in the petition for such independ- ent district, and shall give at least ten days notice of the submission of the question of the formation of said inde- pendent district to the legal voters of the contemplated independent district, at a special election for said purpose, specifying the boundaries of the district, the time and place of the meeting of the electors of [in] the district containing a majority of the legal voters, at which meet- ing the electors in the contemplated district shall vote by ballot for or against a separate organization. Should a majority of the votes be cast in favor of such separate organization, the said board of directors shall proceed by ballot to elect, in the manner now provided by law, the necessary officers, and organize said independent district. SEC. 91. When a judgment has been obtained against Judgment a school district, it shall be the duty of the board of di- tnc" 1S how rectors to pay off and satisfy the same, from the proper settled - fund, by an order on the* treasurer of the district; and it shall be the duty of the district meeting at the time for voting a tax for the payment of other liabilities of the district to provide for the payment of such order or orders. SEC. 92. In case a school district has borrowed money r SEC. 90. This section will have a very limited application. The formation of independent districts under its provisions can only take place when a school district which has formerly existed, embracing portions of two counties, has since been dissolved, and the inhabitants thereby deprived of school facilities. Its passage was secured to provide for the formation of a single district. It may possibly apply to some others. 86 42 SCHOOL LAWS OF IOWA. tax - 1 " f the . Scll o1 fnnd Jt sha11 he the dllt J f tllO board of supervisors to levy such tax, not exceeding five mills on the dollar in any one year, on the taxable property of the district as constituted at the time of making such loan, as may be necessary to pay the annual interest on said loan, and the principal when the same /falls due, unless the board of supervisors shall see proper to extend the time of said loan. SEC. 93. No district township meeting, or sub-district meeting, shall organize earlier than nine o'clock, A. M., nor ac [j ourn before twelve o'clock M. ; aud in all independ- ent school districts, the polls shall remain open from nine o'clock A. M., to four o'clock P. M. SEC. 94. When any school officer is superseded by tod3?verSwks e ^ ec ^ on or otherwise, he shall immediately deliver to hi's and papers. successor in office, all books, papers and moneys pertain- ing to his office, taking a receipt therefor; and every such officer who shall refuse to do so, or who shall wilfully mutilate or destroy any such books or papers, or any part thereof, or shall misapply any moneys entrusted to him by virtue of his office, shall be liable to the provisions of the general statutes for the punishment of such offenses. SEC. 95. Nothing in this chapter shall be so construed dricKovn- f as to gi ye tne board of directors . of a district township, Chipboard, jurisdiction over any territory included within the limits of any city or village, with the territory annexed thereto for school purposes, which has organized separately as an independent district. INDEPENDENT DISTRICTS. SEC. 96. Any city or town, containing not less than SEC. 93. The object of this section is to prevent a few designing persons from meeting at an unusual hour, dispatching the business with unseemly haste, and adjourning before many of the electors arrive. The meeting should be conducted with entire fairness, and an opportunity given for an expression of the real sentiment of the district. The meeting may assemble at any time after nine o'clock, A. M., and continue in session as long after twelve M., as circum- stances require. SEC. 94. See sections 4243, 4253, 4254, and 4265, and other pro- visions of part fourth, title xxm, of the Revision of 1860. The language of this section includes copies of the ScJwol Journal, Reports, and all other publications wlrch may be received by virtue of being a school officer. SEC. 96. (a) The word town as used in this section means a sur- SCHOOL IAWS OF IOWA. 43 three hundred inhabitants yithin its recorded plat, may be Jty or town ^ constituted a separate school district, and territory con tig- tutea a separate nous to such a city or town may be included with it as a part of said separate district, in the manner hereinafter provided. SEC. 97. At the written request of any ten legal vo- Notice of eiec- . , . , , T J T /. T P tion for organ- ters residing in such city or town, the board of directors ization. of the district township shall establish the boundaries of the contemplated school district, including such contigu- ous territory as may best subserve the convenience of the people for school purposes, and shall give at least ten days' previous notice of the time and place for a meeting of the electors residing in said district, by posting written notices in at least five conspicuous places therein ; at which meeting the said electors shall vote by ballot for or against a separate organization. veyed village whose plat is recorded. The three hundred inhabit- ants must be contained within the limits of the city or town. SEC. 97. (a) The independent district must include all of the city or town, and may, if approved by the vote of the electors, in- clude as much contiguous territory as the board of directors think proper. It is not limited by sub-district lines, but may, if necessary, include a part or all of two or more sub districts. (b) The boundaries of independent districts are not limited by civil or district township lines. Ordinarily the officers of any cor- poration can exercise no authority beyond its limits ; but in the for- mation of independent districts the law clearly contemplates (section 101) that they may extend across township and even across county lines. The object is, to establish such boundaries " as may best sub- serve the convenience of the people for school purposes." The law (section 97) makes it the duty of one board of directors to establish the boundaries. It is also the duty of one board (section 101) to give the election notice ; and a fair construction of the law makes both of these duties devolve upon the same board ; hence the conclusion that the board of directors of the district township in which a majority of the voters of the contemplated independent district reside, may legally establish the boundaries of said independent district without the concurrencs of any other board of directors, even when said ter- ritory is comprised in two or more civil or district townships "in the same or adjoining counties." Says the Supreme Court in the case of Fort Dodge City School District v. The District Township of Wahkonsa, XV Iowa, 434 : " The extent of this territory is not lim- ited." In every case the real spirit of the law should be observed, and only " such contiguous territory as may best subserve the con- 44 SCHOOL LAWS OF IOWA. SEC. 98. Should a majority of votes be cast in favor Proceedings in of such separate organization, the board of directors of w the district township shall give similar notice of a meet- ing of the electors for the election of a president, treas- urer, and six directors. The president, treasurer, and two of these directors shall hold their office until the first annual meeting after their election, and until their suc- cessors are elected and qualified ; two until the second ; and two until the third annual meeting 1 thereafter? venience of the people for school purposes," should be included in the boundaries of the independent district. (c) All of the ''ten legal voters" must reside within the limits of the city or town. It is not sufficient that they reside within the limits of the proposed independent district. (d) The notice of the election to determine the question of a sep- arate organization should state with clearness the boundaries of the proposed district. When the boundaries extend beyond the limits of a city or town, thev must conform to lines of congressional divisions of land. (e) In the absence of any legal provision specifying who shall act as judges of this election, it is believed that it should be conducted by the president and secretary of the district township ; but in their absence, the electors present at the place of voting may choose judges of the election, who, before entering upon the discharge of their duties, should be duly sworn. (/) All of the electors residing within the proposed limits must be permitted to vote on the question of separate organization. Fort Dodge City School District v. The District Township of Wahkonsa, XVII Iowa, 85. SEC. 98. (a) This section provides simply for the primary meet- ng for the purpose of organizing the district. At such meeting the full quota of directors must be elected, and then classified ; so that at all subsequent elections it will only be necessary to elect a president and treasurer, who will hold for one year, and one-third of the di- rectors, who hold for three years. Under this regulation there will alwasbefour directors in office [two, in districts having a popula- tion of less than five hundred] with one or two years' experience in the transaction of the business of the district. The organization may take place on the day fixed for the annual meeting of the independ- ent districts, the second Monday in March. If so, the directors will hold for one, two and three years, and the other officer^ for one year. If it should take place at any other time, one-third of the directors will hold for the fraction of the year intervening between the organ- ization and the next regular meeting, one-third for one year and to organ- ize meeting. SCHOOL LAWS OF IOWA. 45 their respective terms terms of office to be determined by lot. The said president and six directors shall constitute officers of a board of directors for the district, and they shall at their boar(L first regular meeting in each year elect a secretary, to be chosen outside of the board. Provided, That in all in- dependent districts having a population of less than five hundred, there shall be three directors elected. SEC. 99. Said meeting for the first election of direct- ors shall organize by appointing a president, and secre- tary, who shall act as judges of the election, and issue a certificate of election to the persons elected. SEC. 100. The organization of such independent dis- organization to T 11 i iji -IP ji / i i> be completed tnct shall be completed on or before the first day of before August. August of the year in which said organization is attempt- ed, and when such organization is thus completed, all taxes levied by the board of directors of the district town- ship,of which the independent district formed a part in that year, shall be void so far as the property within the lim- its of the independent district is concerned, and the board of directors of such independent district shall levy all necessary taxes for school purposes as provided by law for that year, at a meeting called for that purpose, at any time before the third Monday of August of that year, which shall be certified to the board of supervisors on or before the first Monday of September, and said board of supervisors shall levy said tax at the time and in the manner that school taxes are required to be levied in other districts. SEO. 101. In case such fchool district is formed of Notice when / . ! j i i T district is coin- parts ot two or more civil townships in the same or ad- posed of ai joining counties, the duty of giving the notice shall de- ei volve upon the board of directors of the township in which a majority of the legal voters of the contemplated school district reside. the fraction, and one-third for two years and the fraction, and the other officers simply for the fraction of the year. All notices and proceedings connected with the organization of the district, should be recorded by the secretary, after he enters upon his duties, in the records of the district, so that the facts concerning its formation and organization may be readily obtained in case the validity of the pro- ceedings should ever be questioned. (6). The first board of directors of an independent district will en- ter upon the discharge of official duties as soon as qualified. The term of office of subsequent boards will commence on the third Monday of March. [Sections 13 ?-,nd 102]. 46 SCHOOL LAWS OF IOWA. SEC. 102. Said school district may have as many ind. district schools, and be divided into such wards, or other sub- fa^fOTdistiict divisions for school purposes, as the board of directors township. may deem proper; and shall be governed by the laws en- acted for the regulation of district townships, so far as the same may be applicable. SEC. 103. It shall be lawful for the electors of any Electors to vote independent school district, at the annual meeting of such 01 district, to vote a tax not exceeding ten mills on the dol- lar, in any one year, on the taxable property of such district, as the meeting may deem sufficient for the pur- chase of grounds and the construction of the necessary school-houses for the use of such independent district, and for the payment of any debts contracted for the erection of such school-houses, and for procuring library and appa- ratus for the use of the schools of such independent dis- statement by trict. And the treasurer shall make a statement to the er? tri tr " district meeting of the receipts and disbursements of the preceding year. SEC. 104. The annual meeting of all independent Directors to be school districts shall be held on the second Monday in lln ^ de - March for the transaction of the business of the district, tricts. and for the election by ballot of a president and treasurer, who shall continue in office for one year, and two direc- tors as the successors of the two whose term expires, who shall continue in office for three years; and the president, secretary, and one of the directors then in office, shall act as judges of the election, and shall issue certificates of election to the persons elected for the ensuing term: Pro- vided^ That in all independent districts, having a popula- tion of less than five hundred, there shall be elected annually, one director, who shall continue in office for three years. SEC. 105. Where an independent school district has Remainder of been formed out of a civil township or townships as here- trfc?\ownship! * n contemplated, the remainder of such township, or of each of such townships, as the case may be, shall consti- tute a district township, as provided in the first section of this chapter, and the boundaries between such district Sac. 104. In case the district should tail to elect officers at the annual meeting as required in this section, the president, and treas- urer, and the directors whose official term expires, will hold over until the next annual meeting. The board of directors of an independent district possess the same general powers that are conferred on boards of directors of dis- rict -townships. SCHOOL LAWS OF IOWA. 47 township and independent school district, may be changed or the independent district abandoned, at any time with the concurrence of their respective boards of directors. SEC. 106. Independent districts, located contiguous to independent , , V, T ,, i j/i i districts may each other, may unite and torm one and. me same inae- unite, pendent district, in the manner following : At the written H ow. request of any ten legal voters residing in each of said independent districts, their respective boards of directors shall require their secretaries to give at least ten days' notice of the time and place for a meeting of the electors residing in such districts, by posting written notices in at least five public places in each of said districts, at which meetings the said electors shall vote by ballot for or against a consolidated organization of said independent districts; and if a majority of the votes cast at the elec- tion, in each district, shall be in favor of uniting said dis- tricts, then the secretaries shall give similar notice of a meeting of the electors as provided for by the law for the organization of independent districts. The independent district, thus consolidated, shall be completed, and its di- rectors governed by the same provisions of the law, which apply to other independent districts. SEC. 107. The boards of directors of the several inde- f^^Sure? pendent school districts are hereby required to publish during past two weeks before the annual school election in such dis- Se of^um for trict, by publication in one or more newspapers, if any are published in such district, or by posting up in writing, in not less than three conspicuous places in such independ- ent district, a detailed and specific statement of the receipts and disbursements of all funds expended for school and building purposes for the year preceding such annual election. And the said boards of directors shall also, at the same time, publish in detail an estimate of the several amounts which, in the judgment of such board, are nec- essary to maintain the schools in such district for the next succeeding school year. SEC. 108. The corporate name of all independent school districts formed under the provisions of the preced- tncts. ing sections, or either of them, shall be " The independent school district of , " (adding the name of the city, village, or town where established, as the case may be ) SEC. 109. . The sub-districts of any district township sub-districts may be constituted separate and independent school dis- tutedtndepend- tricts, in the manner hereinafter provided. SEC. 110. At the written request of one-third of the Election to be , , . ,. . T , . i i called at the legal voters residing in any district township, the board written request of directors shall call a meeting of the qualified electors of 48 SCHOOL LAWS OF IOWA. the school district township, at the usual place of hold- ing the annual meeting of the board of directors of such district township, by giving at least ten day's notice thereof, by posting three written notices in each sub-dis- trict in the township, and by publication in a newspaper, if one be published in the township, at which meeting the said electors shall vote by ballot for or against a separate organization. SEC. 111. Should a majority of the votes be cast in Notice of first favor of such separate organization, the board of directors boTrdof direc- shall call meetings in each sub-district in the township, of the qualified electors thereof, in the manner and for the purpose as provided in section ninety-seven of this chap- Three directors ter. Provided. That if the number of inhabitants of any to be chosen m . ,,..-, n districts of less such suo-distnct does not exceed live hundred, then but dreS inhabi hnn three directors shall be chosen, who shall hold their offices one, two, and three years, respectively, the length of their respective terms to be determined by lot, and but one director shall be chosen annually thereafter, who shall hold his office three years. SEC. 112. At the meetings of the electors of each sub- Name of dis- district, as provided in the last section, they shall also de- de^ermfned* by termine by ballot the name to be given to their district, ballot. an( j each District, when so organized shall be a body cor- porate, and the name so chosen shall be its corporate name : Provided, That the board of directors of any district May be organized under the provisions of this act may change its name, if any other district in the township shall have chosen the same name. SEC. 113. Districts organized under the provisions of TO be governed this act, shall be governed and treated in every respect as by law for inde- 111 ,1 \ ^ i j i i j' , . pendent dis- provided by the law creating independent school districts. SEC. 114. When any district township is divided into S^cwSfV* independent school districts under the provisions of this make division act, then the old board of directors of the district township nabS ! ties ant shall make such a division of assets and liabilities of such district township as is provided by section four of this chapter. BONDS AND ORDEES. SEC. 115. Independent school districts shall have the indent school power and authority to borrow money for the purpose of r erecting and completing school-houses, by issuing build " negotiable bonds of the independent district, to run any period not exceeding ten years, drawing a rate of interest not to exceed ten per centum per annum, which interest may be paid semi-annually, which said indebtedness shall be SCHOOL L.VWS OF IOWA.. 49 binding and obligatory on the independent district for the Maximum, ten 1T "1 1 Till 1 1 1 \6clrfe use of which said loan shall have been made: but no ten per cent district shall permit a greater outstanding indebtedness in than an amount equal to five per centum of the last Debt limited, assessed value of the property of the district. SEC. 116. When any independent district has pro- SBStewtaM cured the site for and is ready to erect, or has erected and of district, is desirous of completing, its school-house, it shall be lawful for the school board of such district to submit to the voters of their district, at the annual or a special meet- ing, the question of issuing bonds as contemplated by the preceding section, giving the same notice of such meeting Notice of eiec- as is now required by law to be given for the election of il officers of such districts, and the amount proposed to be raised by the sale of such bonds, which question shall be voted upon by the electors; and if a majority of all the votes cast on that question be in favor of such loan, then said school-board shall issue bonds to the amount voted in denominations of not less than twenty-five dollars, nor exceeding one thousand dollars, due not more than ten years a'ter date, and payable at the pleasure of the district Payable at at any time before due, which said bonds shall be given pleasure of di?- , J ,, . ,' , -,. , . , . . ^ & T trict before due. in the name of the independent district issuing them, and shall be signed by the president of the board and delivered to the treasurer, taking his receipt therefor, who shall nego- tiate said bonds at not less than their par value,and counter- sign the same when negotiated. The treasurer shall stand Di charged upon his official bond with all bonds that may be delivered to him; but any bond or bonds not negotiated may be returned by him to the board. SEO. 117. Nothing in this act shall be deemed to con- construction of flict or interfere with sub-division five, of section seven, of at this chapter, but if the electors of an independent school district which has issued bonds shall at the annual meet- ing in March, for any year, fail to vote sufficient school- house tax to raise a sum equal to the interest on the out- standing bonds which will accrue during the then coming year, and such proportionate portion of the principal as will liquidate and pay off said bonds at maturity, then it shall be lawful for the school board of such district to vote a sufficient rate on the taxable property of the district to Jo vmetaL f to' s pay such interest, and such portion of the principal as i ia y interest, * MI -IT i / n i r i ii /> ,1 *I , etc., board may will pay said bonds in lull by the time ot their maturity, levy tax. and shall cause the same to be certified and collected the same as other school taxes. sT 50 SCHOOL LAWS OF IOWA. SEC. 118. All school orders shall draw six per cent. school orders to interest after having been presented to the treasurer of the ' district, and not paid for want of funds, which tact shall be indorsed upon the order by the treasurer. SCHOOL-HOUSE SITES. SEC. 119. It shall be lawful for any school-board, m C a ho ike a sit 8 es w ^ e * Der ^ district township or independent district to o^schooi- 81 es take and hold, under the provisions contained in this chapter, so much real estate as may be necessary for the location and construction of a school-house, and con- not to exceed venient use of the school: Provided, That the real estate so taken, otherwise than by the consent of the owner or owners, shall not exceed one acre. not to be in $ EC . 120. All grounds appropriated to orchards, gar- orcn.uru.s, **r- ~\ -* ii*i i 11 i i ' o dens, or public dens, and public parks, shall be excluded from the Sd- ; m provisions of this chapter, and all sites shall be selected Xwnlhips 8 ? on some P u blic road, and not within twenty rods of any within 20 rods residence, without the consent of the owner, except in of residence, * j j i_ j > without con- case of independent districts. SEO. 121. If the owner of any real estate, on which if owner refuses said school-board may desire to locate a school-house, found refuses or neglects to grant the site on his or her premises, p or, if such owner cannot be found, the county superin- tendent of the county in which said real estate may be situated, shall, upon application of either party, appoint three disinterested persons of said county, unless a smaller number is agreed upon by the parties, whose duty it shall be, after taking an oath or affirmation to faithfully and impartially discharge the duties imposed on them by this section, to inspect said real estate, and Duty of ap- assess the damages which said owners will sustain by praisers. ^ a pp r0 p r i a tion of his or her land for the use of said Co. supt. to house and school, (said county superintendent giving to notify owner, foe owner of such real estate the same notice as is required for the commencement of a suit at law in the district court of Iowa, of the time of such assessment of Appraisers to damages,) and make a report in writing to the county Supt ' superintendent of said county, (giving the amount of damage, description of laud, and exact location,) who shall file and preserve the same in his office. If said school-board school-board shall, at any time before they enter upon land for the purpose of building or" constructing SEC. 118. For remarks on school orders, see notes to sections 21 and 32. SCHOOL LAWS OF IOWA. said house, deposit with the county treasurer, for the use of said owner, the sum so assessed as aforesaid, they shall be thereby authorized to build or construct said house, and maintain their right to said premises: Pro- vided, That either party may have the right to appeal from such assessment of damages, to the circuit court of final - the county where such real estate is situated, within twenty days after receiving notice that such as'sessment is made, which appeal shall be final; but such appeal shall not delay the prosecution of work upon said house if said school-board shall first pay, or deposit with the county treasurer, the amount so assessed by such apprais- pea1 ' etc - ers, and in no case shall said school-board be liable for costs on appeal, unless the owner of said real estate shall be adjudged a greater amount of damages than Board to pay was awarded by said appraisers. The school-board shall Sessment! in all cases pay costs of the first assessment. SEC. 122. The title acquired by said school districts Title for school in and to said real property, shall be for school purposes pur P ses onl - v only, and in case the same should cease to be used for said purpose for the space of two years, then the title acquired in said land under this chapter shall revert to the owner of the fee-simple title of the same upon the re-pay- when Vert ' ment by him of the principal amount paid for said land by said districts without interest, together with the value of any improvements thereon erected by said district. APPEALS. SEC. 123. Any person aggrieved by any decision or order of the district board of directors, in matter of law or of fact, may, within thirty days after the rendition of such supt. SEC. 123. (a) Not every person can take an appeal. The right is limited to persons "aggrieved" or injuriously affected by the decision or order complained of. Strangers or parties without inter- est cannot be plaintifl in such a case. (b) The right to appeal is limited to thirty days. After the ex- piration of that time, the county superintendent is not justified in entertaining an appeal. (c) All the decisions or orders of the board of directors are sub- ject to revision on appeal ; when the act complained of is of a discre- tionary character, the action of the board should be sustained, unless it is clearly shown that the board violated law, abused its discretion, or acted with great injustice. (Edwards vs. The District Township of West Point. Decided February 15, 1868, 212, Scliool Journal for April, 1868.) :y2 SCHOOL LAWS OF IOWA. decision, or the making of such order, appeal therefrom to the county superintendent of the proper county. SEC. 124-. The basis of the proceeding shall be an By affidavit. affidavit, filed by the party aggrieved, with the county superintendent, within the time for taking the appeal. SEC. 125. The affidavit shall set forth the errors com- whatit shall plained of in a plain and concise manner. SEC. 126. The county superintendent shall, within oo. supt. to five days after the filing of such affidavit in his office, to notify Secre- t . *.. P., ,. , . . . . . ' tary of appeal, notify the secretary of the proper district in writing, of SEC. 124 An affidavit is a statement in writing, signed and made upon oath before an authorized magistrate. A county superintend- ent can have no proper jurisdiction of an appeal case until such affi- davit has been filed. A notice of intention to file an affidavit, a ver- bal complaint, or a petition, is not sufficient to give the county su- perintendent jurisdiction in appeal cases. The affidavit setting forth " the errors complained of in a plain and concise manner " must be in his hands before he is justified in commencing proceedings. Until that event transpires he has no legal jurisdiction. (Curry v. District Township of Franklin, decision rendered March 26, 1868; School Journal for May, 1868, p. 250.) SEC. 125. (a) It evidently is unnecessary to insist strictly upon any particular form of affidavit ; but the law requires that it shall "set forth the errors complained of in & plain and concise manner. The affidavit should contain, first, a statement in a general way of the decision complained of, and its date ; second, a statement of the facts showing that the appellant has an interest in the decision and is injuriously affected by it ; third, the assignment of errors. This affidavit being the first paper filed, care should be taken that the case therein be properly entitled ; and the title then bestowed should be preserved throughout the further progress of the appeal. (6) The date of filing should be indorsed upon the affidavit by the superintendent. SEC. 126. (a) The notice should describe the decision or order appealed from, so that it may be identified, and should require the district secretary to file the transcript with the superintendent within the time limited. Personal service of this notice is of course the most satisfactory, and should be had when practicable. It can hard- ly have been contemplated, however, that the superintendent should travel all over the couuty ; serving notices. The statute makes provision for the payment of postage by the appellant, but for no other expenses. It will often, if not ordinarily, be the case that the notices required under the statute we are considering, will have to be served by being sent through the post-office to the proper ad- dress. SCHOOL LAWS OF IOWA, 53 the taking of such appeal. And the latter shall, within Must file tran- ten days after being thus notified, file in the office of the sc county superintendent a complete transcript of the record and proceedings relating to the decision complained of, which transcript shall be certified to be correct by the secretary. SEC. 127. After the filing of the transcript aforesaid in his office, he shall notify in writing all persons ad- The district secretary on receiving the notice, should indorse the date of its receipt, and file it with the records of the district town- ship. (6) What are the " record and proceedings " referred to ? Of course minutes of the proceedings of the district board by the dis- trict secretary, are of the record. But this is not all. The petitions, remonstrances, plais and other papers filed with the secretary, and relating to business before the board, are as much a part of the rec- ord as the record entries. It is the duty of the district secretary to send up a transcript not only of all his minutes that relate to the matter appealed from, but also, of all petitions, remonstrances and other papers relating to the same matter. It should be borne in mind that the statute requires the district secretary to send up a transcript, not the originals. It is the duty of the secretary to keep in his own office all papers originally filed with him. He should send only a copy of these to the superinten- dent. The district township is a municipal corporation, act'ingby a board of directors. This board has a president to preside over its meetings and a secretary to record its proceedings. In the case of this corpo- ration, as of any other, it is the minutes of the proceedings of the b >ard kept by its secretary, that show its official acts; and it is a cer- tified transcript from these minutes, which brings officially before the superintendent the decision complained of. Until he has re- ceived such transcript, the superintendent has nothing before him to either reverse or affirm. Where merely a letter is sent up, the superintendent should refuse to act upon it, and should notify the secretary to send up such a transcript as the law requires, and should refuse to proceed with the appeal until it is received. This section requires the district secretary to file the transcript in the office of the superintendent. It will probably be sufficient to mail it to the superintendent's address. SEC. 127. Who are the "persons adversely interested," and therefore entitled to notice, may sometimes present a question of no small difficulty. If the transcript discloses petitions and remon- strances in regard to the decision appealed from, and the appeal is 54 SCHOOL LAWS OF IOWA. versely interested, of the time and place where' the mat- ter of the appeal will be heard by him. May hear testi- SEO. 128. At the time thus fixed for hearing, he shall . near testimony for either party, and for that purpose may by one of these parties, it will ordinarily be sufficient to give notice to the opposing parties as shown by the transcript. The practice seems to prevail to some extent, of giving the notice now under discussion to the board alone from which the appeal comes ; but it should be brne in mind that this is not ordinarily a full compliance with the law. It is impossible, if it were even desirable, to state in advance, any rule for determining in all cases who are ;he " persons adversely interested." The superintendent must determine this question from the circumstances ot each case before him. This, however, should be borne in mind : in all appeal cases there are two opposing parties, and the law contemplates that both these parties shall be represented at the trial, or at least have the opportunity to appear. The utmost care should be taken that the proceedings be not ex parte. Notice should be given to the appellant, to all persons interested, and to the secretary of the board from which the appeal is taken. It should be personally served when practicable, and when this can- not be done, the superintendent should ascertain the address of the several parties, and mail notices to them accordingly. SEC. 128. County superintendents, in entertaining and deter- mining cases appealed from boards of school directors, are not invested with judicial powers. The District Township of Sioux City 7. Pratt, XVII Iowa, 16. While, according to the decision, the superintendent is not a court in the strict sense ot the term, he is required to administer oaths, to hear evidence on both sides, and to render a just and equitable decision. And while mere technicali- ties should not be permitted to prevent the attainment of justice, it is not inappropriate that the superintendent should be governed by the same rules, as to evidence and practice which ordinarily obtain in courts. As an appeal may be taken from his decision to the superintendent of public instruction, and as in that event, the superintendent must send up a transcript, and the trial before the superintendent of public instruction must be on the same evidence on which the trial was had before the county superintendent, it is his duty to make and keep an official record of all decisions and pro. ceedings, and it is of the first importance that the record should be full and complete. This record must embrace not only all acts done and decisions made by the superintendent, but also all testimony taken before him. As the law has not provided for him a clerk, he must, like a justice of the peace, be his own clerk. SCHOOL LAWS OF IOWA. 55 administer oaths if necessary, and be shall make such de- cision as may be just and equitable, which shall be final, unless appealed from as hereinafter provided. The minutes of the superintendent should commence with the commencement of the case, by noting the filing of the appellant's affidavit. He will afterwards, as the acts transpire, note the sending of the notice of appeal to the district secretary, the filing of the transcript, the sending of notices of the hearing, and any adjourn- ment of the case that may be granted. At the trial he will care- fully note down the names of all paities appearing and their post- office address (for it may be in further progress of appeal, that the superintendent of public instruction will be required to send notices to these parties,) and whether they appear for or against the appeal ; and will also note the filing of all papers and the names of any witnesses that may be produced and in whose behalf such papers or testimony may be oftered. The decision of the superintendent will form an appropriate close of his minutes. The law requires the superintendent to hear the testimony of any witnesses who may be offered, giving him for that purpose authority to administer oaths. The testimony of such witnesses should be written down at the time, either in form of question and answer or in narrative form as the parties may desire or may be expedient, and should be signed and sworn to by the witnesses, as in taking depositions. This testimony should be carefully filed with the other papers of the case. The papers filed, including the testimony, are of the record of the case, as much so as the minutes or the decision ; and these papers together with the superintendent's entries constitute the complete record of the case. It may be said that this mode of practice throws a great deal of labor on the superintendent. This is more in appearance than in reality. If the superintendent will make his entries at the proper times as the case progresses, and will take down the testimony as the same is given in, very little more time than will be taken than if no record were kept, and the result will be infinitely more satisfactory to himself and to all parties concerned. In this, as in most other in- stances, it will be found that to do the work in hand thoroughly and well at the time, is easier, as well as a great deal better, than to do it imperfectly. And it is absolutely necessary that this method, or some other that is equivalent, should be pursued in order to bring up the case in proper shape on further appeal before the superin- tendent of public instruction. Indeed it may be said that the entire system of appeals under consideration, depends for its success more than anything else, on the completeness of the records which are kept by the county superintendents. 56 SCHOOL LAWS OP IOWA. SEO. 129. An appeal may be taken from the decision taB a to h 8iTer- ^ ^ e ? ount y superintendent to the superintendent of intendent of public instruction, in the same manner as provided in public c- thig chapter f ur taking appeals from the district board to SEC. 129. (a) The most important question under this section is as to the mode of trial of appeal cases before the superintendent of public instruction. Is the case to be tried before him on the trans- script sent up ; or is it to be tried on original testimony submitted before him, as is the case in trials before the superintendent ? It will be observed that the law in express terms requires the county superintendent to hear original testimony, and contains no such express requirements of the superintendent of public instruc- tion. If we suppose that the case must be heard on original testimony as though it had never been tried before, it follows that parties in- terested must bring their witnesses, it may be from the remotest parts of the state ; and the trial of appeal school-cases before the super- intendent of public instruction will constitute by far the most expen- sive litigation known to our laws. The expenses of an appeal from a district to tne supreme court, will bear no comparison. In fact the exercise of the right of appeal will be practically confined to that small portion of the state which may be in the immediate vi- cinity of the capital. When we consider this result, and the care taken by the board of education, which is apparent all through the enactment, to avoid costs and expenses in these cases, it is plain that the consideration here presented is entitled to very great weight in determining the legislative intent. It may fairly be inferred that the superintendent of public instruc- tion should not hear original testimony in the cases submitted before him. He has only jurisdiction to review decisions which have been before pronounced by county superintendents ; and he should review these decisions on the transcipt of the same papers and evidence submitted to the superintendent. His jurisdiction is appellate ; and cases come before him for trial as chancery cases come from the dis- trict courts, before the supreme court. The general course to be pursued in appeals to the superintendent of public instruction is the same as in appeals to county super- intendents ; and the suggestions already made, while considering the latter class of appeals, are for the most part applicable to the former class. First, an affidavit must be filed with him. by the party aggrieved. What his affidavit should contain, is indicated in the remarks upon the affidavit to be filed with the county superintend- ent. It then becomes the duty of the superintendent of public in- struction to give thirty days' notice of the appeal to the proper su- perintendent, who must send up his transcript within that time ; and SCHOOL LAWS OF IOWA. 57 the county superintendent, as nearly as applicable, ex- cept that he shall give thirty days' notice of the appeal to the county superintendent, and the like notice shall be given the adverse party. And the decision, when made, Decision final, shall be final. here it should be borne in mind, as in the case in the district secre- tary, that what the law requires the superintendent to send up is a transcript the original papers should all be carefully filed and pre- served by the superintendents in their own offices. Upon receiving the transcript the superintendent of public in- struction must give thirty days' further notice of the time of hearing, to all parties concerned. As he must ascertain from the transcript sent, who are the parties interested for and against the appeal ; and as from the necessity of the case, he must as a general thing give his notices by mail, it is of the utmost importance that the transcript should disclose the names and address of all parties appear- ing in the trial before the county superintendent. At the hearing, parties interested may appear personally or by at- torney, and argue their cases orally, if they desire; or they may send written arguments. The records of the county suprintendents will furnish the data required for these arguments. The records of cases in the offices of county superintendents which are public rec- ords, and should be open as such to examination by all parties inter- ested, will furnish all needed data where access to the transcript sent up is inconvenient. (6) Any person agrieved by any decision or order of the county superintendent, (other than a decision in the case of an appeal from the district board ot directors,) may apply to the county superin- tendent for a re-hearing of the cause upon its merits, the proceed- ings to correspond as nearly as possible to the proceedings in the case of an appeal from the district board of directors. If any party is aggrieved by the result of this investigation, an appeal may be taken therefrom to the superintendent of public instruction. This plan of adjudicating the cases has been adopted after mature reflection ; and it is believed to be the most simple and satifactory that can be devised under the present law. The county superinten- dent being upon the ground, a more speedy and thorough examina- tion of the facts can be made than if original evidence were submitted to the superintendent of public instruction, which the law does not probably contemplate. It may sometimes happen, that the additional evidence adduced on such an investigation may de- termine the county superintendent to modify or reverse his decision , or, on the other hand, it may satisfy the appellant of the justice of s8 58 SCHOOL LAWS OF IOWA. SEO. 130. Nothing in tins chapter shall be so con- render"ud5 d to strue( ^ as ^ authorize either the county or state superin- ment e for U m g oney tendent to render a judgment for money, neither shall they be allowed any other compensation than is now al- KO compensa- lowed by law. All necessary postage must first be paid by the party aggrieved. SUPERINTENDENT OF PUBLIC INSTRUCTION. SEC. 131. The superintendent of public instruction Supervision, shall be charged with the general supervision of all the county superintendents and all the common schools of the conventions of state. He shall meet county superintendents in conven- ient^ Q tion at such points in the state as he may deem most suitable for the purpose, and by explanation and discus- sion endeavor to secure a more uniform and efficient ad- Attend teachers ministration of school laws. He shall attend teachers' in- tes ' stitutes in the several counties of the state as far as may be consistent with the discharge of other duties imposed by law, and assist by lecture or otherwise in their instruc- written opin- tion an( j management. He shall render a written opinion ions, and deter- , , o , . , . . , . f mine appeals, to any school omcer asking it touching the exposition or administration of any school law ; and shall determine all cases appealed from the decision of county superin- Reviseand cod- tendents. It is hereby made the duty of superinten- ify school laws. , , ,. . J . ,. . J n i 1 .,. n tendent of public instruction to revise and codity all school laws which may be in force after the adjournment of the regular session of each general assembly, before printing a new edition of said laws as now required by statute. SEO. 132. An office shall be provided for him at the office. seat of government, in which he shall file all papers, re- Record ports, and public documents, transmitted to him by the county superintendents, each year separately, and hold the same in readiness to be exhibited to the governor, or to a committee of either house of the general assembly, at any time when required ; and he shall keep a fair record of all matters pertaining to his office. SEC. 133. He may, if he deem it expedient, subscribe the first decision. The cases of this kind most likely to arise, are the formation of sub-districts from the parts of two or more town- ships, as provided in section 25 ; the refusal to grant teachers' cer- tificates, and the revocation of teachers' certificates. See opinion of Attorney-General Bissell, School Journal for June, 1867 , also, Dougherty v. Tracy, Co. Supt. t School Journal for Octo- ber, 1871. SCHOOL LAWS OF IOWA. 59 for a sufficient number of copies of the " Iowa School subscribe for Journal," or of such other educational journal published in the state, as he may select, to furnish each county su- perintendent with one copy, and his certificate of having thus subscribed, shall be authority for the auditor of state to issue his warrant for the amount of said subscriptions: Provided, That he shall cause to be inserted in the jour- nal he may so select, a correct copy of any decision he may deem it necessary to make for the efficient carrying out of the school law. SEC. 134. He shall cause as many copies of the school laws in force, with the forms, regulations, and in- school laws, structions herein contemplated, thereto annexed, to be from time to time printed and distributed among the county superintendents, as he shall deem expedient, and shall furnish each county superintendent with a sufficient number to supply each school officer in his county with one copy, to be handed to his successor in office. He Distribute shall also prepare and cause to be distributed to the sev- blanks - eral county superintendents a form of certificate in blank to be granted to teachers, also all other blank forms nec- essary to be used in carrying out the school laws. SEC. 135. He shall annually, on the first day of Jan- Report number uary, report to the auditor of state, the number of persons in each county between the ages of five and twenty-one years. SEC. 136. He shall make a report to the general as- sembly, at each regular session thereof, which shall em- brace, first, a statement of the condition of the common schools of the state; the number of district townships and sub-districts therein; the number of teachers; the number of schools; the number of school-houses, and the value thereof; the number of persons between five and twenty-one years of age; the number of scholars in each county that have attended school the previous year, as re- turned by the several county superintendents; the num- ber of books in the district libraries, and the value of all apparatus in the schools, and such other statistical in- formation as he may deem important. Second, such p^ted* be plans as he may have matured for the management and improvement of the school fund, and for the more perfect organization and efficiency of common schools. He shall cause one thousand copies of his report to be printed, and shall present it to the general assembly on the second day of its session. SEC. 137. Whenever reasonable assurances shall- be Teachers 1 ins given by the county superintendent of any county to the tutes< superintendent of public instruction, that not less than (JO SCHOOL LAWS OF IOWA. twenty teachers desire to assemble for the purpose of holding a teachers' institute in said county, to remain in session not less than six working days, he shall appoint the time and place for said meeting, and give due notice thereof to the county superintendent; and for the purpose of defraying the expenses of said institute there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, a sum not exceeding fifty dollars annually for one such institute in each county held as aforesaid, which the said superintendent shall immediate- ly transmit to the county superintendent in whose county the institute shall be held, who shall therewith defray the necessary expenses of the institute, and if any balance remains he shall pay the same into the county treasury, and the same shall be credited to the teachers' fund. EDUCATIONAL BOARD OF EXAMINERS. SEC. 138. There is hereby created a state board of state board of examiners, for the examination of school teachers, to be | uerscre ' known as the " Educational Board of Examiners ;" said board to consist of the faculty of the state university, of SEC. 138. The state board of examiners was organized in June, 1862, and the following general plan for the a>mual July examination was adopted : I. The examination to be a written one. II. The course of study in the normil departmsnt of tbe state university (which by law is made the standard of qualification) to be arranged in six divisions as follows : 1. Arithmetic, algebra, and four books of geometry. 2. Reading, grammar, rhetoric, and English literature. 3. Descriptive, mathematical, and physical geography, botany, and geology. 4. Physiology, natural philosophy, and chemistry, or advanced geometry. 5 Ancient and modern history, intellectual and moral philoso- phy- 6. Theory and practice of teaching, constitution of the United States, and school system of Iowa. III. A series of about twenty questions to be prepared for each division ; each question to have a specific value attached, and tbe sum of the values in each series to be one hundred. SCHOOL LAWS OF IOWA. 61 which the professor of the normal department shall be chairman, and the secretary of the board of trustees, ex-officio secretary. SEC. 139. The said board shall hold an annual session Annual meeting c ^ ' At .e ,. tr J A. n. of the board for of one week, commencing on the first Monday alter the examination of fourth of July, and such special -sessions as they may teachers - deem proper, at the state university, at which sessions they shall examine all persons who make application, as to their qualifications for teaching school in this state, taking as the standard of qualification the course of study required in the normal department of the univer- sity. SEC. 140. Said board shall keep a record of their pro- Bo ard to record ceedings and a register of the name, age, sex, residence, proceedings, &c. and date of certificate of each person to whom a certificate is issued. They shall also procure a seal upon which shall be inscribed the words " ^Educational Board of " Examiners of the State of Iowa" and such other device or sentiment as they may consider appropriate; and shall adopt and cause to be printed, in a neat and legible man- ner, a form of certificate. SEC. 141. To ail persons of good moral character, who certificates pass a satisfactory examination as contemplated in this teachers! act, said board shall issue a certificate of qualification, for teaching a school in the state of Iowa, signed by the chairman and secretary of said board, with the seal affixed: which certificate shall authorize the person to whom it is given to teach in any of the public schools of this state,- in which their services may be desired, without any further evidence of qualification. Said IV. No person to receive a certificate from the board unless the sum of his answers in each and every series equals at least fifty, and the average sum in all the series at least seventy-five. V. The names of the candidates not to appear upon their papers, but to be enclosed in separate sealed envelopes, which shall not be opened until the papers have been examined by the board and their merits decided upon. VI. Each candidate to present from the county superintendent of the county in which he resides, a certificate of good moral char- acter. The certificate granted by the board is perpetual, unless revoked by said board, and authorizes its recipient to teach in any of the public schools of the state without further evidence of qualification. No charge is made for certificate granted. SCHOOL LAWS OF IOWA. certificates to cert.ficate shall be perpetual, unless revoked by said on5a?revoked. board for gross immorality, or any other cause of dis- qualification, of which cause the said board shall be the Notice of revo- j u( ^ges. In case a certificate is revoked, said board shall cation. cause the fact to be published in two or more newspapers published in this state, and shall also report the same to the superintendent of public instruction, who shall immediately thereafter notify all the county superintend- ents in the state. SEC. 142. Said board shall receive no compensation NO compensa- for their services. The expenses incurred for books, ecu stationery, certificates, seal and compensation . of the sec- retary, shall be allowed arid paid by the trustees of the state university. CHAPTER TI. COUNTY HIGH SCHOOLS. counties of schools. Purpose. on petition of SECTION. 1. Each county having a population of two thousand inhabitants or over, as shown by the last state or federal census, may establish a high school on the conditions and in the manner hereinafter prescribed, f r the purpose of affording better educational facilities for pupils more advanced than those attending district schools, and for persons desiring to fit themselves for the vocation of teaching. SEC. 2, When one-third of the electors of a county, as shown by the returns of the last preceding election, shall petition the board of supervisors, requesting that a coun ty high school be established in their county at the question to place in said petition named, then said board shall give Smi p o? special twenty days' notice previous to the next general election, or previous to a special election duly called for that pur- pose, that they will submit the question to the electors of said county whether such high school shall be established ; at which election said electors shall vote, by ballot, for or against establishing such county high school. The notice contemplated in this section shall be given through one or more newspapers published in said county, if any be published therein, and by at least one written or printed notice, to be posted in each township. mit Notice of eiec SCHOOL LAWS OF IOWA. 53 SEO. 3. After said election the ballots on said ques- canvass of elec- tion shall be canvassed in the same manner as in the tlon ' election for county officers; and if a majority of all the votes cast on said question shall be in favor of establish- ing said school, the board of supervisors shall immediate- Board of super- ly proceed to appoint six persons, who shall be residents pSVu?es. of the county, but not more than two of whom shall be residents of the same township, who shall, w T ith the county superintendent of common schools, constitute a board of trustees for said high school. Each of said Co. supt. to be trustees, appointed as aforesaid, shall hold his office one * until his successor is elected and qualified, and shall be required, within ten days after appointment, to qualify by Term, oath aud taking the oath of office, and giving such bond as maybe bond - required by the said board of supervisors, tor the faithful discharge of his duties. SEC. 4. At the next general election after said appoint- Election of ment, there shall be elected in such county six high Sio^and* 88 " school trustees, who shall be divided into three classes of terms - two each; each class to hold their office one, two, and three years respectively, and their respective terms to be decided by lot. And each year thereafter there shall be two such trustees elected to succeed those whose term is about to expire. And said trustees shall qualify and Qualification of enter upon the duties of their office in the same manner, sa and at the said time, as other county officers. SEO. 5. The county superintendent shall be by virtue co. supt. to be of his office, president of said board of trustees ; and at their JJ^p^ntTec* first meeting -in each year, they shall appoint, from their rotary and treas- own number, a secretary and treasurer, who shall perform U1 the usual duties devolving upon such officers, for the term of one year, or until their successors are appointed to take their places. SEO. 6. At said meeting, or at some succeeding meet- Trustees to ing called for such purpose, said truste- s shall make an SSnndfami** 6 estimate of the amount of funds needed for building: rate O f tax re- f < j_ ^ > -IP . to quired. purposes, for payment of teachers wages, and for contin- gent expenses, and they shall present to the board of supervisors a certified estimate of the rate of tax required to raise the amount desired for such purposes. But in no Maximum levy- case shall the tax for such purposes exceed, in any one p r s e his pur ' year, the amount of five mills on the dollar on the tax- able property of the county, and, when the tax is levied for the payment of teachers' wages and contingent expenses only, shall not exceed two mills on the dollar. SEC. 7. The said tax shall be levied and collected in collection of the same manner as other county taxes, and when col- l lected the county treasurer shall pay the same to the treastlrer - 64 SCHOOL LAWS OF IOY7A. treasurer of the county high school, in the same manner that school funds are paid to the district treasurers as required by law. SEC. 8. The said treasurer of the high school shall give such additional bond as the board of trustees may deem sufficient, and receive all moneys from the county treasurer, and from other parties, that belong to the funds of said school, and pay the same out only by direction of the board of trustees, upon orders duly executed by the president, countersigned by the secretary thereof, stating the purpose for which they were drawn. Both the secre- tary and treasurer shall keep an accurate account of all moneys received and expended for said school ; and at the close of each year, and as much oftener as required by the board, they shall make a full statement of the financial affairs of the school. SEC. 9. The said board of trustees shall proceed as soon as practicable, after their appointment as aforesaid, om'e^ense^to to select the best site, in accordance with the vote of the county, that can be obtained without expense to the same, Treasurer to give additional bond, and re- ceive and pay out moneys. Secretary and treasurer to keep accounts and to make statement. selection of and the title thereof shall be vested in said county. They shall then proceed to make such purchases of material, and to let such contracts for their necessary school build- ings as they may deem proper, but shall not make any purchase or contract in any year to exceed the amount on hand, and to be raised by the levy of tax that year. SEC. 10. When said board of trustees shall have furnished a suitable building for the school, they shall employ some competent teacher to take charge of the same, and furnish such assistant teachers as they deem necessary, and provide for the payment of their salaries. Model schools. As far as practicable, model schools shall be encouraged ; and advanced students and those preparing to become teachers may be employed a portion of their time in teaching the younger pupils, in order that they may be- come familiar with the practice as well as theory of suc- cessful school-teaching, and also avoid, as far as practica- ble, the expense of employing other assistant teachers. SEC. 11. Tuition shall be free to all pupils of such school residing in the county where the same is located. The board of trustees, however, shall make such general rules and regulations as they deem proper in regard to age and grade of attainments, essential to entitle pupils Apportionment to admission in the school. If there should be more ap- of pupils; plicants than can be accommodated at any time, each dis- trict shall be entirled to send its equal proportion of pupils, according to the number of scholars it may have, as conacts Maximum of same. Employment and pay of teachers. Students may teach. Tuition free. SCHOOL LAWS OF IOWA. 65 shown by the last report to the county superintendent^ of ^*jf ation of common" schools. And the boards of the respective school districts shall designate such pupils as may attend. SEC. 12. If, at any time, the school can accommodate Pnpiisfrom more pupils than apply for admission from that county, ot the vacancies may be filled by applicants from other counties, upon the payment of such tuition as the board of trustees may prescribe; but at no time shall such pupils continue in said school to the exclusion of pupils belonging in the county in which such high school is situated. SEC. 13. In any county where thrre is no county high SS5e W fiT2o school, it shall be lawful for the board of supervisors high school, thereof, upon the presentation of a petition signed by the majority of the qualified electors of the county, to levy a tax n<>t exceeding one mill on the dollar in any one year, sufficient to pay the tuition of those scholars who desire to attend the county high school <>f some other county, or a high school or high school department established in the county, and, when they do attend such high school, this tuition may be paid out of the funds levied for that pur- pose. SEC. 14. The principal of any such high school, with Hnies ana reg- the approval of the board of trustees, shall make such JchoSf f< rules and regulations as he deems proper, in regard to the studies, conduct, and government of the pupils under his charge, and, if any such pup ; ls will not conform to, and f a *i tyfor " obey, the rules of the school, they may be suspended or expelled therefrom by the board of trustees. SEC. 15. Tne said board of tru>tees shall annually ^tees^ make a report to the board of supervisors of their county, report; what to which shall specify the number of students, both male cc and female, who have been in attendance at the county high school during the year, the branches of learning taught, the text-books used, the number of teachers em- ployed, the amount of salary paid to them, the amount expended for library and apparatus and for buildings and all other expenses; also the amount of funds on hand, H ^22iJS[ 1 5 debts unpaid, and other information deemed important or copy Sent to expedient to report. Said report shall be printed in at fnSuc least one newspaper in the county, if any is published therein, and a copy of the report shall be forwarded to the superintendent of public instruction. SEC. 16. The board of supervisors shall have power Vacancies, to fill any vacancy that may occur in the board of trustees of that county, by appointment, until the next general 69 66 SCHOOL LAWS OF IOWA. Quorum of election, and a majority of any such board of trustees shall be a quorum for the transaction of business. SEC. 17. The board of supervisors may allow each Pay of trustees, member of the board of trustees the sum of two dollars per utiy a or tiiC iiiiiO ictUc*lly t-i'iipiC/yovi i'a tli6 vliodicirgc of his official duties, and when such accounts are pre- sented for payment, they shall be audited and paid out of the county treasury, in the same manner as other accounts against the county, and said trustees shall not be entitled to any further remuneration for services or expenses. CHAPTEK III. STATE UNIVERSITY. SEO. 1. The objects of the state university, established objects of the by the constitution at Iowa City, shall be to provide the best and most efficient means of imparting to young men and young women on equal terms, a liberal educa- tion, and thorough knowledge of the different branches of literature, the arts and sciences, with their varied appli- courses of cations. The university, so far as practicable, shall begin begin' where to t ne courses of study, in its collegiate and scientific depart- ments, at the points where the same are completed in high schools; and no students shall be admitted who have not previously completed the elementary studies, in such branches as are taught in the common schools throughout the state. Not to be under SEC. 2. The university 'shall never be under the ex- afcontrot tion elusive control of any religious denomination whatever. SEC. 3. The university shall be governed by a board Government, of regents, consisting of the governor of the state, who Board of re- shall be president of the board by virtue of his office, and fitfon.' compo " the superintendent of public instruction, and the president of the university, who shall also be members by virtue of their respective offices, together with one person from HOW chosen, each congressional district of the state, who shall be by the elected general assembly. SEO. 4. The members of said board shall be divided Members to be into three classes. The number in each class, as the con- gressional districts of the state increase, shall be kept as nearly equal as practicable, and the members of each class shall hold office for the term of six years from SCHOOL LAWS OF IOWA. their election, and until their successors are elected and classes to he qualified. The general assembly shall elect members kept equal * every two years, as the terms of office of the respective Future eiec classes expire. The board of regents shall fill all vacan- tlons * cies occurring therein, excepc when the legislature is in Vacancies. session, and the persons so appointed shall hold their offices until the next session of the general assembly. SEC. 5. The university shall include a collegiate, Departments. scientific, normal, law, and such other departments, with siich courses of instruction and elective studies, as the ectlve 8tucl " board of regents may determine; and the board shall have authority to confer such degrees, and grant such Board mav COB diplomas and other marks of distinction as are usually fe conferred and granted by other universities. SEC. 6. The meetings of the board of regents shall Meetings, regu- be held at rach times as the board may appoint. The la president of the board may call special meetings when he deems it expedient, or special meetings may be called by any three members of the board. SEC. 7. An executive committee, consisting of three Executive com- competent and responsible persons, shall be appointed appoSted^to by the board of regents, who shall audit all claims, and Sep^c^d 8 ; to whose chairman shall draw all orders for such audited &M submit' claims on the treasurer, but before payment such orders &s shall be countersigned by the secretary. Said committee shall keep a specific and complete record of all matters involving the expenditure of money, which record shall be submitted to the board of regents at each regular meeting of the same. SEO. 8. The board of regents shall elect a secretary secretory, eie- who shall hold his office at the pleasure of the board. It of?" ' shall be his duty to record all the proceedings of the board of regents, and carefully to preserve all its books and papers. His books shall exhibit what parts of the uni- versity lands have been sold, when the same were sold, and at what price, and to whom, on what terms, what por- tion of the purchase-money has been paid, and when paid ^f permanent on each sale, how much is due on each sale, by whom and how secured, and when payable, what lands remain unsold, where situated, and their appraised value, if ap- praised, or their estimated value, if not appraised. His TO enter sales. books shall also show how the permanent fund of the university has been invested, the amount of each kind of stocks, it any, with the date thereof, and when due, and the interest thereon, and when and where payable, the amount of each loan, if any, and when made, and pay- able to whom, and how secured, and at what interest, and 68 SCHOOL LAWS OF IOWA when and where payable. When any further sales of laucte, or further instruments shall be made, the secretary shall enter the same upon his books as above set forth. TO countersign The secretary shall countersign ai;d register all orders for orders? 1 * money on the treasurer, and the treasurer shall not pay any order on him for money, unless the same be counter- signed by the secretary. SEC. 9. The board of regents shall elect a treasurer, Treasurer, eiec- who shall hold his office at the pleasure of the board. It t ion and duiy.i g^i ^ G j^g ^y as treasurer to keep a true and faithful account of all moneys received and paid out by him, and before entering upon the duties of his office he shall take and subscribe an oath that he will faithfully perform the Bond. duties of treasurer; and he shall also give a bond in the penalty of fifty thousand dollars conditioned for the faith- ful discharge of his duties as treasurer, and that he will at all times keep and render a true account of moneys received by him as such treasurer, and of the disposition he has made of the same, and that he will at all times be ready to discharge himself of the trust, and to pay over Approval. when required ; which bond shall have two or more good sureties, and shall be approved, as to its form and the sufficiency of its sureties, by the board of regents ard Filed with sec- also the auditor and secretary of state, and shall be filed retary of state. SEC. 10. The treasurer of the university shall have a Treasurer to set ^ books, in which he shall keep an accurate account onands C unt8 ^ a ^ transactions relative to the sale and disposition of university lands, and the management of the fund arising therefrom; which books shall exhibit what parts and por- tions of land have been sold, at what prices and to whom, and how the proceeds have been invested, and on what securities, and what lands still remain unsold, where situated, and of what value respectively. SEC. 11. The treasurer shall, on the first day of June Notify persons and December of each year, notify in writing each per- son in default of payment of either principal or interest of funds loaned by or due to the university, and shall cause suit to be commenced against such delinquents, when in his judgment the best interest of the institution re- quires. SEC. 12. The board of regents shall enact laws for nmvof the the government of the university, and shall appoint a president and the requisite professors and tutors, together with such other officers as they may deem expedient, and shall determine the salaries of 'such officers, the compen- sation of the secretary and treasurer, and the amount of SCHOOL LAWS OF IOWA. (J9 fees to be paid for tuition. They shall remove any officer connected with the university, when in their judgment i of officers. the good of the institution requires it. SEC. 13. The board of regents is authorized to expend Apparatus. ., ,, . to p ,, . ., r i r ., library, etc. such portion ot the income of the university fund, as it may deem expedient in the purchase of apparatus, libra- ry, and cabinet of natural history, in providing suitable means to keep and preserve the same, and in procuring all other necessary facilities for giving instruction-. SEC. 14. All specimens of natural history, and geo- {Jaf history****" logical and mineralogical specimens, which are or here- after may be collected by the state geologist of Iowa, or by any others appointed by the state to investigate its natural history and physical resources, shall belong to and be the property of the state university, and shall form a part of its cabinet of natural history, which shall be under the charge of the professor of that department. SEO. 15. No sales of lands belonging to the university gj'gSSf ** 11 ' shall take place unless the same shall be decided upon at a regular meeting of the board of regents, or at one called for that particular purpose, and then only in the manner, upon the notice, and on the terms which the board shall prescribe; and no member of the board shall be either Members and directly or indirectly interested in any purchase of such tTf Order of district president on district treasurer. |See sections 41 and 42, Chapter 1.] No ,18.... To A B , Treasurer of district township of. Pay C D or order, the sum of dollars out of the [school-house] fiicd, for [as for example; labor performed and materials fur- nished in the erection of a school-house in sub-district number of district township of. , in the county of , and state of Iowa, as per contract made with the sub-director of said sub-district, on the day of ,18....] $ E F , President. G H , Secretary. NOTE. Whenever an order is drawn, it should be registered, as per Form Number 12, and the number, date, in whose favor drawn, on what fund, for what purpose, and the amount, snould immediately be certified by the secretary to the treasurer of the district. The above form will answer for an order on the teachers' fund, by substituting the words " out of the teachers' fund for services as school teacher in sub-district," or on the contingent fund, by substituting the words " cut of the contingent fund, for fuel, repairs, etc." 78 BLANK FORMS. NUMBER 12. Form of Order Register, of secretary and treasurer. No. j D^c. jl i vviiojv: t'avor drawn [ Fund. jPorv, HSe.j No. 1 No. 2 No. 3 No. 4 No. 5 April 7, 1872 April 7, 1872 April 7, 1872 May 10, 1872 May 14, 1872 John Smith. \. J. A'^ams. Joel B. Young. Pbos. Harrisou. Sirah Johnson. Teachers'. Contingent. Contingent. School-house Teachers'. Teaching school. Rep. on 8. house. Fuel. Erec. of 8. house. Teaching school. $45 00 15 00 5 00 125 00 03 74 Nt)TE. The above form is presented with a view of systemizing the matter of drawing and paying school orders. It is impossible to keep a correct amount of orders without some such method, and it is particularly essential under the present law, which requires the treasurer to make pro rata payments when he has not sufficient funds to pay in full. This register should be kept by both the secretary and treasurer , the one kept by the latter being an exact copy of that kept by the former, and this may be easily done if each order, when drawn, is promptly certified by the secretary to the treasurer. Thus each officer will at all times be advised of the exact number and amouut of outstanding orders. When an order is paid in full, cause the person presenting it, in all cases, to indorse it ; and if an order is drawn in favor of one person and presented by another, refute payment unless it is properly indorsed. In making partial payment*, indorse the amount paid with the date of payment on the back of the order, and take a receipt for the amount paid, which will be your voucher in a settlement with the board. I deem this receipt essential otherwise the treasurer has nothing to show what disposition he has made of the money. NUMBER 13. Form of Notice of regular district township meeting. [See section 6, and 35, Chapter 1.] Notice is hereby given to the qualified electors of district township of in the county of , and state of Iowa, that the regular meeting of said district will be held at on the second Monday, in March, 18. . ., at. . . o'clock . . . .M. for the transaction of such business as may legally come before it. A B , Secretary of district township of Dated, ,18.... NOTE. The above notice must be posted in five different conspicuous p^cesin the district. In independent districts, insert immediately after the word " for " in the concluding part of the notice, the words " the election of officers and" in ac- cordance with the provisions of section 98, chapter 1. The law provides for or.ly BLANK FORMS. 7Q one regular meeting^ in the district in each year, and no authority is given for calling a special meeting in an organized district, except in independent districts, and then only for the election of officers, or to determine the question of issuing bonds. In all eases the meeting should be caiicu at such hour as will beat &uli the con- venience ot the people, and not earlier than 9 o'clock, A. M , and can not be per- manently adjourned before 12 o'clock, M. In independent districts the polls must remain open from 9 A. M., to 4 P. M. (See section 93 ) NUMBER 14. Form of Certificate of secretary to the board of supervisors of the amount of tax voted by the district township. [See sections 12, 28, and 38, Chapter 1.] . 18.. To tJie Board of Supervisors of County, Iowa, : I hereby certify that at a meeting of the qualified electors of district township of in the county of and state of Iowa, held on the second Monday in March, 18. ... a t&x was voted on the taxable property of said district of dollars on account of school-house fund ; and that the tax on account of school-house fund has been apportioned by the board of directors among the sub-districts of said district township, as follows: In sub-district No. 1, , dollars. In sub-district No. 2, dollars. In sub district No. 3, dollars. In sub-district No. 4, dollars. In sub-district No. 5, dollars. I also certify that the board of directors have voted a tax of dollars for teachers' fund, and dollars for contingent fund. I } A B Secretary of district township of NOTE. The tax for contirgent fund must be uniform on the property of the district township ; but the school-house tax m'ty vary as justice and equity may demand. The tax for the teachers' fund must be uniform, except as provided in section 29. 80 BLANK FORMS. CO K ft? of a, S CO A - I jo ii pu?sip ui s9umjoA jo - sasnoq-jooqos jo 89snOT{-[ooqos jo 9U112JJ jidnd qo^9 joj jod uotjitu jo jo Saiinp {ooqos jo sqjuora jo *s^T?p ai poqos jo i; fee cc i jo poqos qoi?9 ui 8[idnd jo *S[ooqos p9pt?jS jo 8 jo ' ouo japim s[ooqos jo 8UO OAIJ JO jo *o> [ooqos jo ioii]sip-qns jo BLANK FORMS. 81 * 3 P co H I S i * 8 M pa. d o dt^ Isai o W 1-d receiv ta mount report mount district o fto ft +Jri 4J d a s a-2-d a a- a-^ a I Hi OH d . Pi a t>>a '1 li ^ d ^ 11 Bll 82 BLANK FORMS. NOTE. The sub-director reports only the number of persons of school age in his sub-district ; all other items of this report must be obtained by the secretary from the district township records, and teachers' registers. Two or more terms of school taught in the same school-house in the same year constitute but one school. A graded school having two or more teachers should be reported as one school. When any item of this report requires the use of fractions, it should be expressed decimally. The number of months is found by dividing the whole number of days by 20. The totals of the debit and credit columns in the accounts should always be equal, and if not the cause of the discrepancy must be reported. The report should be accurately made and promptly filed with the county superintendent ; otherwise the secretary is to forfeit for the use of the district the sum of twenty-five dollars, and to make good afl losses resulting from such failure. By his neglect to file it as required, the district may lose its distributive share of school money. To ascertain the average compensation paid male teachers per week, divide the aggregate amount paid them (male teachers) for teaching during the year in the district township, as shown by the books of the district treasurer, by the whole number of male teachers, and the result by the average number of weeks the schools have been taught, which can be determined from the teachers' registers. For instance, six male teachers have been paid tl'.e aggregate sum of one thousand two hundred dollars for teaching twenty-four weeks, being an average of two hundred dollars each, which divide by the number of weeks, and we have eight dollars thirty-three and one-third cents as the average per week. Make a similar computation for female teachers. To ascertain the average cost of tuition for each pupil per week in the district township, divide the whole amount paid, by the whole number of pupils, and the result by the number of weeks the schools have been taught. For instance, the whole number of pupils attending school in the district township is three hundred, and the amount paid for twenty-four weeks of school is one thousand four hundred and forty dollars. Divide the amount by the whole number of pupils, and we have four dollars and eighty cents as the average for the full term, which divide by the number of weeks and we have twenty cents as the average per week. To ascertain the average attendance of scholars, divide the sum of the days they have been present by the number of days the schools have been taught. For instance, the teachers' registers show to have been present in the several schools of the district three hundred, and the terms to have been sixty days. They have been present from fifty to sixty days each, and the sum total of the days they have been present is fifteen thousand (instead of eighteen thousand, as it would have been if they had all attended regularly,) which divide by sixty, the number of days the schools have been taught, and the result is two hundred and fifty as the average attendance. BLANK FORMS. 83 NUMBER 16. Form for the Treasurer's account with the teachers' fund. [See sections 41, 42, and 57, Chapter 1.] 1872. DR. April 1 To cash received of county treasurer on apportionment . . $ 270 00 April 1 district tax 880 00 July 1 . 27 00 Sept 23 i apportionment 17 00 Oct 1 i district tax 19 00 Jan. 1 t district tax 10 00 1872. CR. April 13 By cash paid James Hogran, on order No 1 $ 136 00 April 13 Sarah Smith, 3 89 00 April 14 Nicholas Hoover, 4 135 00 May 3 Louisa Martin, 7 82 90 May 4 Jas. M. Higgins, 10 115 00 May 4 Stephen Phelps, 11 175 00 May 5 Amelia Mason, 13 95 00 NOTE. A similar account is to be kept with the school-house fund and con- tingent fund, and a statement of the condition of either fund is to be rendered at any time when required by the board. By keeping a correct account of the orders, as per Form No. 12, the treasurer will know the amount outstanding, and can readily determine what per cent on each he can pay with the funds on hand The above form is intended for separate pages opposite each other. NUMBER 17. Form for list of heads of families and children, to be kept ~by sub-director. [See section 48, Chapter 1.] PARENTS OR GUARDIANS. NAMES OF CHILDREN. SEX. AGE. John Smith. James Jones. Anna Byron. Peter Smith. Eliza Smith. William Jones. Charles Peters, (ward.) James Byron. Male. Female. Male. Male. Male. 12 years. 10 " 15 " 13 " 10 " NOTE. The above list should be recorded in a book, and carefully preserved with the records of the sub-district, and from which the sub-director can mak e his annual report to the district secretary as required by section 49, of chapter 1. 84 BLANK FORMS. NUMBER 18. Form of contract for building a school-house. [See section 47, Chaper 1.] Contract made and entered into between A B , of the county of , and state of Iowa, and C D , as sub-director of sub-district number , of district township of in the county of and state of Iowa, and his sucessors in office. In consideration of the sum of one dollar in hand paid, the receipt whereof is hereby acknowledged, and of the further sum of five hundred dollars, to be paid as hereinafter specified, the said A B , hereby agrees to build a brick school-house 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 sub-district as the board of directors of said district township 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 C D ., or his 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 C D , or his successor in office, for the use of said district township, the sum of one hundred dollars, and shall also be liable for all damages that may result to said district township in consequence of such failure. The said C D , or his successor in office, in behalf of said dis- trict township, hereby agrees to pay the said A B the sum of fifty dollars when the foundation of said house is finished ; and the further sum of two hundred and fifty dollars when the walls are up and ready for the roof; and the remaining sum of two hundred 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 as- signed without the consent of both parties. Witness our hands this day of , 18. . A B , Contractor. C D ..., Sub-director. This is to certify that the foregoing contract was approved by the board of directors of district township of , in the county of , of the state of Iowa, this day of , 18.. E F , President. & H , Secretary. BLANK FORMS. 85 NOTE. The law authorizes a sub-director to make contracts under such rules and restrictions as the township board may prescribe. Hence, in aU cases where it becomes his duty to make a contract, it is proper, in order to avoid all subse- quenc dispute, that the approval of the board of directors should be indorsed on the contract before any work is done under it. In building a permanent school- house, it is all important to secure a plan of the building, with full specifications as to its dimensions, style of architecture, number and size of windows and doors, quality of materials to be used, what kind of roof, number of coats of paint, of what material the foundation shall be constructed, its depth below and its height above the surface of the ground, the number and style of chimneys and flues, the provisions for ventilation, the number of coats of plastering and style of finish, and all other items in detail that may be deemed necessary. The plan and specifications should be attached to the contract, and the whole filed with the secretary of the district township. NUMBER 19. Form of Bond for performance of contract. Know all men by these presents : That we, A B as principal L M ,J H . , and R 8 , as securi- ties of the county of and state of Iowa, are held and firmly bound unto district township of , in the county of , and state of Iowa, in the penal sum of one thousand dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators and assigns, jointly, severally and firmly, by these presents. The condition of the above obligation is such that, whereas the said A B has this day entered into a written contract with C D as sub-director of sub-district number. ... of district township of , in the county of , and state of Iowa, and his successors in office, for the erection and completion of a school-house in said sub-dsitrict, by the day of , 18. . . , according to the plan and specification for the con- struction of said house appended to said contract. Now, therefore, if the said A B shall faithfully and fully com- ply with all the stipulations of said contract, then this obligation shall be void ; otherwise remain in full force and virtue in law. In testimony whereof we have hereunto subscribed our names this day of , 18.... A B Principal. L M , J H , B 8 , Securities. 86 BLANK FORMS. NUMBER 20. Form of contract between sub-director and teacher. (See sections 47 and 51, Chapter 1.) This contract, between A B , a school teacher of county, Iowa, and C D ,a sub-director of sub-district No. . . of the district township of , in the county of and state of Iowa, witnesseth : That the said A B agrees to teach the public school in said sub-district for the term of. weeks, commencing on the day of ,18 . . ., and well and faithfully to perform the duties of teacher in said school, according to law, and the rules legally established for the govern- ment thereof. In consideration of said services, the said C D , as sub-director aforesaid, on behalf of said district township, agrees to pay the said A B the sum of dollars per school month, at the end of , and to perform all the duties required by law as such sub- director. Witness our hands this day of , A. D. 18. . . A B , Teacher. C D , Sub-director. It is hereby certified that the within contract is approved this day of 18 E F President. NOTE. With a little variation the above form will also answer for indepen- dent districts. Let the contract be duly executed and filed with the president before the teacher enters upon his duties. Give the teacher a certified copy of the contract if he desires it. NUMBER 21. Form of Lease. [See section 47, Chapter 1.] Know all men by these presents : That A B , of the county of and state of Iowa, for the consideration hereinafter mentioned, does hereby lease unto C D , sub-director of sub-district No. , of district township of , in the county of , and state of Iowa, or his successors in office, for the use of said district township for school BLANK FORMS. 87 purposes, the following described premises, situate in the county and state afore- said, to-wit: (here describe the house and lot or parcel of ground) together with all the privileges thereto belonging, for the term of months from the day of ,18.... The said C D , sub-director as aforesaid, or his successors in office, hereby agrees to pay the said A B for the use of said premises the monthly rate of dollars to be paid at the expiration of this In testimony wliereof, we have hereunto subscribed our names this day of ,18.... Signed in duplicate. A B , C D , Sub-director of sub-district No NOTE. Asa matter of safety, the abive lease should be executed in duplicate, one to be held by the sub-director and the other by the lessor. The lease should be approved by the board of directors, as in case of a contract, and the duplicate filed with the president. NUMBER 22. Form of Deed. (See section 47, Chapter 1.) Know all men by these presents : That we, J L. S and M E. S , his wife, of the county of , and state of Iowa, in consider- ation of the sum of dollars in hand paid, do hereby sell and convey unto district township of , in the county of and state of Iowa, the following described premises situated in the county and state aforesaid, to-wit : (here describe the premises.) And we do hereby covenant with the said district township that we are law- ully seized of said premises; that they are free from encumbrance; that we have good right and lawful authority to sell the same ; and we do hereby covenant to warrant and defend the title to the said premises against the lawful claims of all persons whomsoever. Signed this day of 18.... In presence of J L. S , M.. . E. S.. BIANK FORMS- STATE OF IOWA, ., COUNTY. On this day of , A. D, 18 , before me, a notary public in and for said county personally came . and his wife, personally to me known to be the identical persons whose names are affixed to the above deed as grantors, and acknowl- edged the same to be their voluntary act and deed, for the purposes therein expressed. Witness my hand and notarial seal this ..... day of . . . 18. . B , Notary Public. NOTE In purchasing the grounds for school-house purposes, the sub-director should examine the title carefully, and be satisfied that it is not defective, and that the property is free from encumbrance. Under the laws of our state, the joining of the wife with the husband in the conveyance passes the right of dower, and hence no future relinquishment of dower is necessary. Let the property in all cases be conveyed to the district in its corporate name. The deed should be filed with the president NUMBER 23. (a) Form for Notice from the clerk of board of supervisors to the president of the dis trict. OFFICE OP CLERK OF BOARD OF SUPERVISORS, \ COUNTY, IOWA, >- 18... 1 To C D , President of district township of. SIR : You are hereby notified that according to the apportionment of the school money made by the undersigned this day, the sum of, dollars is due district township of .,in the county of, and state of Iowa, from this office, for which I hand you herewith my warrant on the county treas- urer. A B , Clerk of Board of Supervisors. BLANK FORMS. 89 NUMBER 23 (b). Form for Notice from the county treasurer to the president of the district. [See Section 60, Chapter 1.] OFFICE OF COUNTY TREASURER, COUNTY, IOWA ..18 r-i To C D , President of district township of SIR : You are hereby notified that the amount now collected and due the dis- trict township of, .of , county is $ .teachers' fund, $ . . . ., school-house fund, and $ , contingent fund. A B , County Treasurer^ NOTE. It is the duty of the county treasurer to notify the president of the s chool board of each district, quarterly, of the amount collected for each school fund and pay it to the treasurers of the respective school-boards on the warrant of the president, countersigned by the secretary, Sec. 59. On the first Monday in April of each year the county treasurer also renders a statement of the amount of taxes uncollected in each district township, Sec. 60. si 2 90 BLANK FORMS. Is t3 "^ *?H il ^0 g ^> CO 1 ^ ^ 05 % <" O * 3 03 > f-l s 2 O 3 2 R f., 5 V J *J Tc 1 2 ''B O) & 3 2 P g. tendance g c OJ S 'o I ,q ** % Is.. r3 o d _t/] C3 A S 3 5 s tH c 'E 'S cT o cc 03 OQ 1 tu 'M o ^ .2 1 g 'i r^ s w a 1 c V-i j Q} O r=! -t-3 V & ^ p. ^ d der the i ^>> *3 C j-i J 3 ^3 J3 d O G ^ ^ ' 03 O s J3 i i> ~jj O o s fl d ^ a n '5: s J2 3 S c > J 3 rt ^P BLANK FORMS. 93 NUMBER 26. Form of Teacher's Certificate. [See sections 61, 64 and 65, Chapter 1.] OFFICE OF COUNTY SUPERINTENDENT OF COMMON SCHOOLS, ) COUNTY OF , AND STATE OF IOWA. f I, , county superintendent of common schools, in and for the county of and state of Iowa, hereby certify that I have this day examined the bearer, , in orthography, reading, writing, arithmetic, geography, history of the United States, and English grammar, and that I find qualified in the same ; and being fully satisfied that possesses a good moral character, aptness to teach, and ability to govern, I hereby grant unto this class certificate, by which is authorized to teach in any of the public schools of this county for the period of from the date hereof, unless this certificate is sooner revoked. In testimony whereof, I have hereunto subscribed my name at , this day of , A. D. 18.. County Superintendent of Common Schools. NOTE. It is essential in the examination of a teacher, that4ie should possess, first, a good moral character second, a thorough knowledge of the branches named in the law and third, the ability to govern a school and the faculty of imparting knowledge. Without these qualifications, an applicant is not entitled to a certificate. A certificate is not valid out of the county in which it is given. NUMBER 27. Form for Revocation of teacher's certificate. [See section 69, Chapter 1.] OFFICE OF COUNTY SUPERINTENDENT OF COMMON SCHOOLS, ) COUNTY OF , AND STATE OF IOWA. J To the several boards of school directors in the county of , and state of Iowa : WHEREAS, the undersigned did on the day of , 18. . execute and deliver to A B , a certificate, authorizing him to teach in public schools of this county ; and, WHEREAS, upon due examination it has been made to appear that the said A B , in consequence of (here state the offense gross immorality for example), is unworthy longer to retain the same : 94 BLANK FORMS. Now, therefore, in pursuance of the provisions of section 69, chapter 1 of the school-laws of the state of Iowa, the said certificate is hereby revoked. In testimony whereof, I have hereunto subscribed my name this day of A. D., 18.. D , County Superintendent. NOTE. A copy of the above revocation should be transmitted to the secretary of each school-district, and the secretary should immediately notify each sub- director in his district of the fact. The teacher should also be served with a copy. NUMBER 28. Form of Oath of school officer. [See section 561' Rev. I860.] STATE OF IOWA, ) County, f ss J, A B , do solemnly swear [or affirm] that I will support the constitution of the United States, and the constitution of the state of Iowa, and that I will faithfully and impartially discharge the duties of [secretary or treasurer, as the case may be,] of district township of in the county of and state of Iowa, according to law and to the best of my abilities. A B Subscribed and sworn to before me this day of A. D., 18. . C D , Justice of the Peace. NUMBER 29. Form for Certificate of Appointment of school district officers. [See section 18, Chapter 1.] '.., 18. To A B : You are hereby notified, that at a meeting of the board of directors of district township ot , in the county of , and state of Iowa, held on the day of , 18. ., you were duly appointed (here name the officer) in and for said district township, to fill the vacancy occasioned by the (here state the cause of the vacancy) of L M C D , Secretary of district township of BLANK FORMS, 95 NOTE. For the appointment of sub-director, insert in the above form the words " sub-district number of" immediately after the word " for." The oath of office of the persoii appointed must be endorsed upon the foregoing certificate, in case he is required to give bond. NUMBER 30. Form of Application for a teachers' institute. [See section 137, Chapter 1.] OFFICE OF COUNTY SUPERINTENDENT OF COMMON SCHOOLS, , COUNTY, 18... To the Superintendent of Public Instruction: From satisfactory evidence on file in this office, I hereby certify that not less than twenty teachers desire to assemble at in the county aforesaid, 011 the day of 18. . . . for the purpose of holding a teachers' institute, to remain in session for a period of not less than six working days. In testimony whereof, I have hereunto subscribed my name the day and year first above written. G H County Superintendent of Common Schools, NOTE. I would suggest that the proper mode of procedure would be for the teachers to circulate a petition, and after they have procured the requisite number of signatures, let it be filed with the county superintendent, as the basis of his application to this office. I do not conceive it to be necessary that all who sign the petition should be residents of the county that they purpose attending the institute, if in their power so to do, is sufficient, without any regard to residence, so it is within the state. The institute, however, is designed especially for the benefit of the teachers of the county in which it is held. The law appropriates the sum of fifty dollars annually to each county which can, in good faith, secure the requisite number of teacheis. 96 BLANK FORMS. NUMBER 31. The Law of Appeal. [See section 124, Chapter 1.] AFFIDAVIT. THE STATE OF IOWA, ) COUNTY OF j" A B ) vs. V DISTRICT TOWNSHIP OF ) I, A B being duly sworn, on oath say : that on the day of A. D. 18. ... the board of directors of said district township rendered a decision [or made an order as the case may be] whereby | here state the facts showing affiant's interest in the decision, and the injury to that interest] ; that said board in rendering the decision [or making the order] aforesaid, com- mitted errors as follows : [Here state the errors charged.] [Signed] A B Subscribed and sworn to, by A B before me, this day of A. D. 18 C D J. P. [or other officer.] NUMBER 32. Notice of Appeal. (See section 126, Chapter 1.) THE STATE OF IOWA, COUNTY OF DISTRICT TOWNSHIP OF ToC D , Secretary of board of directors of said district township : You are hereby notified that said A B has filed in my office an affidavit alleging that said board of directors, on the day of A. D. 18. ..., made a decision [or order as the case may be] whereby [here describe the decision or order so that the secretary may identify it,] and claiming an appeal therefrom. You are therefore required within ten days after receiving this notice, to file in my office at , in said county, a complete trans- cript of the record and proceedings of the board relating to said order. E F , County Superintendent. BLANK FORMS. NUMBER 33. Transcript from district secretary. [See section 126, Chapter 1.] THE STATE OF IOWA, COUNTY OF A B... vs. DISTRICT TOWNSHIP OF Papers filed with the secretary of the board of directors of said district township. Be it remembered that on the day , A. D. 18 , a petition was filed in words and figures following, to-wit : [here copy petition in full And afterward, on the day of , A. D. 18 , a remon- strance was filed, in words and figures following, to-wit : [here copy remonstrance in full.] And afterward, on the day of , A. D. 18 . . . . , a plat was filed by Q- H , in behalf of said petitioners, [or remonstrants] in words and figures following, to-wit: [here copy the plat in full. If any other paper is filed, let it be introduced and copied in like manner. If the secretary is at a loss how to characterize it, let him say " a paper in words and figures fol- lowing :"] And afterward, on the day of , A. D., 18 a decision was ren- dered [or order made] by said board, as appears of record on the minutes of said board, in words and figures following, to-wit : [here copy the order as it appears in the minutes.] If action was had by the board at different times in regard to the matter, let the several entries on the minutes be introduced and copied. CERTIFICATE. I, C D ... ., secretary of the board of directors of district township of , in the county of Iowa, do hereby certify that the foregoing is a correct and complete transcript of the record and proceedings of said board relating to the order described in the notice of appeal hereto annexed. C D , District Secretary. 813 98 BLANK FORMS. NUMBER 34. [See section 127, Chapter 1.] Notiee of Hearing. THE STATE OF IOWA, } COUNTY OP f A B vs. DISTRICT TOWNSHIP OF To A B , Appellant, C "D ,secretaryof board of directors of said district township, and to G H and I J , parties adversely interested. You are hereby notified that an appeal has been taken from a certain decision [or order] of the board of directors of said district township,[here describe the decision or order,] and that said matter of appeal will be heard before me at , in said county, on the day of , A. D., 18 ,at.... o'clock . . . . M. E F County Superintendent. NUMBER 35. Form of County Superintendent's Minutes. THE STATE OF IOWA, } COUNTY OF ) A B ,) vs. > DISTRICT TOWNSHIP OF ) January 2, 1872. Affidavit of said appellant filed. Mailed notice of appeal to C D , secretary of board of directors of said district township at , in said county. (Or, served notice of appeal personally on C D , &c., as the case may be.) January 9, 1872. Received and filed transcript from secretary of said board. Appointed that the hearing should take place at my office in , in said county on the 20th day of January, 1872, at 10 o'clock A. M. Mailed notice of same to A B , appellant, at [give post-office address,] to (here give names and address of those entitled to notice,) as persons adversely interested, and to said C D January 20, 1872. The case being called up, A B , appellant, appeared, and K L , of [give address,] in opposition to the BLANK FORMS. 99 appeal. Appellant offered in evidence a plat wbich was filed. He then pro- duced M N , as a witness in behalf of the appeal, whose testi- mony was taken and reduced to writing. In opposition to the appeal j there was offered in evidence a contract which was filed, and O P , and Q R , were produced as witnesses, whose testimony was taken and reduced to writing. Thereupon the parties submitted the case. Case taken under advisement till to-morrow morning at 9 o'clock. January 23, 1872. [Here recite the decision made. The superintendent may also, if he chooses, give his reasons for the decision at length.] NUMBER 36. Form of Superintendent's Transcript. THE STATE OF IOWA, ) COUNTY OF f A :.. B 99. DISTRICT TOWNSHIP of Papers filed with E F , county superintendent. Be it remembered that on the day of , A. D. 18. . ., an f.ffidavit of A B , of [give post-office address,] was filed in words and figures following, to-wit : | here copy affidavit in full.] And afterward on the day of , A. D. 18. ., a transcript from C D , of [give post-office address,] secretary of board of direc. tors of said district, was filed in words and figures following, to-wit : [Here copy transcript in full.] And afterward on the day of , A. D. 18 , at the hearing of said case, A B appeared in favor of said appeal, and 8 T.... .,of [give post-office address,] and U V , of , in opposition thereto. And in favor of said appeal was offered in evidence a plat in words and figures following to-wit : [here copy plat in full,] and also M N was produced as a witness, who testified as follows, to-wit : [here copy his testimony.] And in opposition to said appeal, there was offered in evidence a contract in words and figures following, to-wit : [here copy the contract,] and there was produced O P , who testified as follows: [here copy this witness' testimony.] And there was also produced Q R , who testified as follows; [copy his testimony.] The above being all the testimony offered, the parties submitted the case. And thereupon the following decision was pronounced : [here copy the decision.] To the whole should be appended a certificate by the superintendent, which may be in form like that of the district secretary to his transcript. See Form No. 33. INDEX. Sec. Page. AMENDMENTS Tabular exhibit of vi. CHAPTER I. APPEAL- TO county superintendent from order of board of directors, who may 123 51 Time within which appeal may be taken 123 51 The basis of proceeding to be an affidavit 124 52 Affidavit must be filed within thirty days 124 52 Errors must be set forth in a concise manner. ... 125 52 County superintendent to notify secretary of appeal 126 52 Secretary to make trnnscript 126 52 County superintendent to notify adverse parties of time and place for (hearin'g 127 53 Trial of, before county superintendent 128 54 From county superintendent to superintendent of public instruc- tion, how taken 129 56 Superintendent of public instruction to notify county superin- tendent of 129 56 Notice to adverse party 129 56 Decision of superintendent of public instruction final 129 56 Necessary postage paid by aggrieved party 130 58 APPORTIONMENT Of amount determined by electors of sub-district 12 6 Of tax voted by township meeting 28 15 Of county school tax and other funds by clerk of board of super- visors , 57 27 ARBITRATORS To decide when district boards fail to agree upon division of assets, etc 4 1 BIBLE Not to be excluded from the schools 82> 38 BOARD OF DIRECTORS To continue to act when district township is divided 4 1 Divide assets and liabilities 4 1 How constituted where there is but one sub-district. . 10 5 102 INDEX BOARD OF DIRECTORS CONTINUED Same, where there are two sub-districts ... 10 5 Apportion tax among sub-districts j ^ How constituted 13 7 Enter upon their duties, when 13 7 Organization of 13 7 Fegular meetings 14 g Special meetings 14 8 Make contracts, purchases, etc 15 8 Consult county superintendent before erecting school-houses ... 15 8 Fix site for school-house 16 9 Determine number and duration of schools 16 9 Establish graded or union schools 17 10 May appoint superintendent of graded schools 17 10 May fill vacancies in board 18 10 Require secretary and treasurer to give bond 19 10 Examine accounts of treasurer ..20 11 Make statement to district township meeting 20 11 Audit claims against the district 21 11 Fix compensation of secretary and treasurer 21 11 Visit schools in the district 22 12 Aid teachers in enforcing rules 22 12 May expel teachers from school 22 12 Require secretary to file certificate of qualification of officers of the board with clerk of board of supervisors, etc 23 13 Divide township into sub-districts 24 13 Change sub-district boundaries 24 13 Cause written description to be recorded 24 13 May consent to attach territory to adjoining township 25 14 May restore territory 26 15 Set off territory in certain cases 27 15 Estimate additional school-house tax 29 15 Estimate amount for contingent fund, and teachers' fund 29 16 Estimate additional tax for schools 29 16 Require secretary to certify tax to board of supervisors j ^9 Make rules to govern sub-directors 30 17 A majority a quorum 31 17 Certify no tax after third Monday in May 31 17 Majority of board required to change boundaries 31 17 Receive no pay for services 31 17 May employ counsel in suits 33 18 Shall designate school-house tax for each sub-district 54 25 May receive pupils from adjoining districts 77 36 TO SCHOOL LAWS OF IOWA. 1Q3 Sec. Tage. BOARD ,OF DIRECTORS CONTINUED May subscribe for School Journal 84 39 Not to change text-books oftener than once in three years 86 39 Satisfy judgment by order . 91 41 Of district townships, >ave no jurisdiction in independent dis- tricts 95 42 Require the secretaries to give notice 106 47 Present statement of receipts and expenditures 107 47 Call election 110 47 Call meetings in each sub-district Ill 48 May change name of district, when 112 48 Make division of assets and liabilities 114 48 May levy tax to pay interest on bonds when electors fail to do so 117 49 Provide for payment of bonds at maturity 117 49 Appeals from, by whom taken 123 51 BOARD OF SUPER VISORS- To levy school-house tax 12 6 To reduce school-house tax, when 12 6 To lexy tax on sub-districts,when 28 15 Levy additional tax for schools, when 29 16 Levy tax certified by secretary 38 19 To levy county school tax 52 25 To levy district school tax 53 25 Determine per centum 54 25 Not to exceed maximum limit 54 25 Reduce amount certified, when 55 26 Not to divide sub-districts 56 26 May allow additional compensation to county superintendent. . . 75 33 To levy tax to pay money borrowed of school fund 92 41 BONDS Secretary and treasurer to give 19 10 With whom filed , 19 10 Independent districts may issue, for erection of school-houses. . . 115 48 Rate of interest on 115 48 Electors to vote upon question of issue 116 49 Denomination and time. y 116 49 Treasurer to negotiate 116 49 To be negotiated at par. 116 49 CLERK OF THE BOARD OF SUPERVISORS Record plats of district townships 24 13 To apportion county school tax, and other funds among districts. 57 27 Forward certificate of election, and qualification of county super- intendent to superintendent of public instruction 58 27 J 04 INDEX Sec Pa^e CLERK OF THE BOARD OF SUPERVISORS CONTINUED Report interest of school fund in hands of county treasurer to auditor of state 58 27 To deduct average tuition in certain cases 77 36 CONTRACTS Board of directors to make 15 8 Sub-directors make for fuel, &c 47 23 When made by sub-director, must be approved 47 23 With teachers, must be in writing 51 24 To be filed with president 51 24 COUNTY SUPERINTENDENT To recommend plans for school-houses 15 8 May form sub-districts in certain cases 25 14 Transmit order to secretary 25 14 To examine teachers 64 30 May employ assistant examiners 64 30 Give certificate on satisfactory examination 65 30 To keep record of examinations , 66 31 ^JVIay receive fee for special examinations 67 31 In his absence may appoint deputy examiners 68 31 Issue certificates to persons recommended by deputy 68 31 May revoke teacher's certificate , 69 31 Make annual report to superintendent of public instruction 70 32 File statement of number of youths with clerk of board of super- visors 70 32 Forfeiture for failure to make reports 71 32 Conform to instructions of superintendent of public instruction. 72 32 Organ of communication between state superintendent, and school authorities , 72 32 Report to superintendent of institution for blind 73 33 Report to superintendent of institution for deaf and dumb 74 Compensation 75 33 Visit schools 75 33 File sworn statement of accounts 75 May release board from obligation to have school taught 76 34 vMay require teachers to attend institute 81 Entertain appeals from district board of directors 123 51 Notify district secretary of appeal 126 52 Notify adversly interested parties 127 53 Hear and determine appeal 128 54 Can not render judgment for money 130 58 To meet superintendent of public instruction in convention 131 58 s^- Make provision for institutes 137 59 COUNTY TREASURER To pay tax collected, to district treasurer -59 28 TO SCHOOL LAWS OF IOWA. 105 Sec. Page. COUNTY TREASURER CONTINUED Render statement of amount uncollected 59 28 Pay over amount in his hands quarterly 59 28 Keep amount of tax for school-house purposes separate in each sub-district 59 28 Keep separate accounts with independent districts 59 28 Pay taxes to independent districts monthly 29 Give notice to district president of amount collected for each fund quarterly 60 28 Pay taxes to district treasurer on warrants 60 28 DISTRICT TOWNSHIPS - Each civil township a school district 1 1 When left without officers, notice of election 3 1 When divided, division of assets and liabilities 4 1 When divided old board to act 4 1 First organization of 4 1 A body corporate 5 Boundaries charged when 25 14 Liable for tuition in certain cases. 77 36 DISTRICT TOWNSHIP MEETING When held 6 3 Powers of electors at 7 3 May direct sale of property 7 3 Determine additional branches to be taught 7 Delegate powers to board of directors 7 Vote tax for school-house fund, libraries and apparatus 7 Notice of, to be given by secretary 35 19 Hours of, must be stated in notice 35 19 May direct foreign languages to be taught 83 38 Provide for payment of judgments 91 41 Hours of organization and adjournment 93 42 DISTRICT TREASURER Appointed by board of directors 13 7 May be selected from board, when 13 7 Vacancy, how filled 18 10 Must give bond 19 10 Compensation fixed by board of directors 21 11 Charged with warrants drawn in his favor 37 19 Hold all moneys belonging to the district 41 21 Pay out funds upon order of president, countersigned by sec- retary , 41 21 Keep separate accounts with each fund 42 21 Make partial payment on orders 42 21 106 INDEX DISTRICT TREASURER CONTINUED Receive money apportioned to district township 43 22 Register orders 44 23 Render statement of finances 45 23 Books open for inspection 45 33 To negotiate bonds (in independent districts) 116 49 To countersign bonds when negotiated 116 49 To be charged on his official bond with all bonds delivered to him 116 49 EDUCATIONAL BOARD OF EXAMINERS Created 138 00 Consent of faculty of state university 138 60 Professor of normal department to be chairman 138 60 Secretary of university board ex officio secretary 138 60 Annual session 139 61 Special sessions 139 61 To examine candidates for certificates 139 61 Required standard of qualification 139 61 Keep record of proceedings 140 01 Procure a seal 140 61 Cause form of certificate to be printed 140 61 Certificates issued to teachers 141 61 Holder of certificate may teacb in any county 141 61 Certificate perpetual unless revoked 141 61 Revocation of certificate to be published 141 61 Report revocation to superintendent of public instruction 141 61 To receive no compensation 142 62 Expenses, etc., to be paid by trustees of state university 142 62 Secretary's compensation 142 62 PINES AND PENALTIES Of district secretary for failure to report 40 21 Of county superintendent for failure to report 71 32 To whom they shall enure 88 39 Suit for collection of 88 39 Of any school officer for failure to deliver books and papers to his successor 94 42 FUNDS Secretary to keep separate accounts with each 37 19 School-house fund defined 42 21 Contingent fund defined 42 21 Teachers' fund defined 42 21 Separate account with each, to be kept by treasurer 42 21 Received by district treasurer 43 22 Teachers' and contingent, limited ' 54 25 TO SCHOOL LAWS OF IOWA. 1Q7 No. Page. FORMS Of notice of election in new townships, or where a district is left without officers 1 71 Of proceedings of district township meeting 2 71 Of notice of sub-district meeting 3 72 Of proceedings of sub-district meeting 4 73 Of certificate of election of sub-director 5 74 Of oath of sub director 6 74 Of certificate by sub-director to secretrry 7 74 Of proceedings of meeting of board of directors to form sub- districts 8 75 Of certificate by secretary to board of supervisors of the amount of tax voted by board of directors 9 76 Of draft by president upon county treasurer 10 77 Of order on district treasurer 11 77 Of order register for secretary and treasurer 12 78 Of notice of regular district township meeting 13 78 Of certificate of secretary to board of supervisors of amount of tax voted by district township meeting 14 79 Of annual report of secretary 15 80 Of treasurer's account with teachers' fund 16 83 Of list of heads of families to be kept by sub-director , 17 83 Of contract for building school-house 18 84 Of bond for performance of contract 19 85 Of contract between sub-director and teacher ". 20 86 Of lease 21 86 Of deed 22 87 Of notice from clerk of board of supervisors to district president 23 (a) 88 Of notice from the county treasurer to the district president 23 (6) 89 Of teacher's daily register , 24 90 Of teacher's general register 25 92 Of teacher's certificate 26 93 Of revocation of teacher's certificate 27 93 Of oath of school officers 28 94 Of certificate of appointment of school officers 29 94 Of application for teachers' institute 30 95 Of affidavit for appeal 31 96 Of notice of appeal 32 96 Of transcript from district secretary 33 97 Of notice of time of hearing 34 98 Of superintendent's minutes. 35 98 Of superintendent's transcript 36 99 GENERAL PROVISIONS- Sec. Schools to be taught in each sub-district 76 34 108 INDEX GENERAL PROVISIONS CONTINUED Persons in military service during minority admitted 76 34 Children may attend in another district township 77 36 County auditor shall deduct cost of tuition, when 77 36 Time when pupil acquires residence, immaterial 78 36 Pupil when temporarily sojourning may attend 78 36 Pupil may attend in any sub-district 79 37 School month 80 37 Schools closed during institute 81 37 All teachers must attend institute 81 37 Bible shall not be excluded from school 82 38 German or other language may be taught 83 38 Board may subscribe for Iowa School Journal 84 39 Copies subscribed for, form part of library 85 39 Change of text-books restricted 86 39 Appropriation to sectarian institutions forbidden 87 39 Fines and penalities 88 39 Suit brought in name of township 88 39 District composed of parts of counties 89 40 District formerly existing may be reorganized 90 41 Judgment, how satisfied 91 41 Borrowed school fund, how paid 92 41 Hours for opening and closing polls 93 42 Officer superseded 94 42 Jurisdiction of district township board 95 42 GERMAN And other language may be taught 83 38 HOLIDAYS Teachers entitled to (Note d) 81 37 INDEPENDENT DISTRICTS Division of assets and liabilities 4 1 Tax for, county treasurer to pay over monthly 59 28 Polls at election in, time open 93 . 42 Board of directors of district township not, to have jurisdiction in . 95 42 City or town containing, within recorded plat, 300 inhabitants may organize * * * * 96 42 Directors of district township to establish boundaries 97 43 Notice for first meeting of electors 97 43 Electors to vote for or against separate organization 97 43 Notice for first meeting of election of officers 98 44 Term of office of directors determined by lot 98 44 Who constitute the board f directors 98 44 Organization of meeting 99 45 TO SCHOOL LAWS OF IOWA. 109 Sec. Page. INDEPENDENT DISTRICTS CONTINUED Must be completely organized before the first of August 100 45 Taxes levied by district township to be 7oid 100 45 Board to levy taxes 100 45 When formed of parts of two or more district townships, by whom notice given 101 45 May have schools, wards, etc 102 46 Governed by same laws as district townships 102 46 Electors may vote tax of ten mills for purchase of grounds and erection of school-houses 103 46 Annual meeting 104 46 Election of officers 104 46 Who are judges of election 104 46 Boundaries may be changed, how 105 46 May consolidate 106 47 Electors to vote for or against .' 106 47 Statement of disbursements, etc 107 47 Corporate name of 108 47 Sub-districts may be constituted independent districts 109 47 Election to be called 110 47 Meetings called in sub-districts Ill 48 Three directors chosen, when Ill 48 One director c hosen annually Ill 48 Name determined by ballot 1 112 48 Name may be changed, when 112 48 Governed by laws for independent districts 113 48 Old board to divide assets and liabilities 114 48 May borrow money and issue bonds 115 48 Limit of indebtedness 115 48 Board of directors to submit question of issuing bonds to electors . 116 49 What notice of meeting required 116 49 Board to issue bonds in accordance with vote of electors 116 49 Denomination and time of bonds 116 49 Must be negotiated at par 116 49 School board vote tax if electors neglect 117 49 Orders draw six per cent, after presentation 118 50 INTEREST Rate of on bonds issued by independent district. 115 48 Rate of on school orders 118 50 IOWA SCHOOL JOURNAL Boards of directors may subscribe for 84 39 Superintendent of public instruction may subscribe for 133 58 Decision of superintendent of public instruction to be published in.. . 133 58 HO INDEX JUDGMENT- Against district township, how satisfied 91 41 County superintendent and superintendent of public instruction cannot render, for money 130 58 LIBRARY Electors may vote tax for ( lOd 46 School journal shall remain part of 85 39 OATH OF OFFICE By whom administered 40 23 OFFICERS Fines collected from 88 39 Suit against 88 39 When superseded, must deliver books and papers to successors. . 94 42 Penalty for non-compliance 94 42 PRESIDENT OF THE DISTRICT May call special meetings of the board 14 8 Appointed by board of directors 18 10 File 'bonds ot secretary and treasurer 19 10 Preside at board and district meetings 32 17 Sign drafts, orders and contracts 32 17 In suits, appear for district 33 18 (32 17 To draw drafts on county treasurer -J 4t 21 (GO 28 Must file teachers' contracts 51 24 To sign bonds issued for school house fund 116 49 PUPILS Number of to be reported by secretary 39 20 Enumeration of 48 24 May be dismissed from school 50 24 Separate register kept for non-resident pupils 62 29 ( Required age of 76 34 In military service 76 34 May attend school in adjoining district townships 77 36 Resident, attend school regardless of time 78 36 Non-resident, to pay tuition 78 36 May attend in another sub-district 79 37 Not coerced to read the Bible 82 38 SCHOOLS- NO, and duration of, determined by board 16 9 Graded or union 17 10 One or more in each sub-district 76 34 Age of pupils 7o 34 TO SCHOOL LAWS OF IOWA Sec. Page. SCHOOLS CONTINUED Duration of, required by law 76 34 Minor soldiers admitted 76 34 Children may attend in adjoining district township 77 36 Resident pupils may attend 78 36 Non-resident pupils to pay tuition 78 36 Pupils may attend in adjoining sub-districts 79 37 Suspended during session of institute 81 37 Bible not to be excluded from 82 38 SCHOOL DISTRICTS- (See District Townships.) SCHOOL-HOUSE SITES Board to fix 16 9 Lawful to take 119 50 Not to e ceed an acre without consent of owner 119 50 Orchards, gardens, and parks excluded 120 50 Shall be on public road 120 50 Not within twenty r<'ds of any residence. 120 50 County superintendent to appoint appraisers , 121 50 Appraisers to take oath 121 50 Duties of appraisers 121 50 County superintendent to give notice to owner 121 50 Appraisers to report to county superintendent 121 50 County superintendent to file report 121 50 School board to deposit money with county treasurer 121 50 Either party may appeal to circuit court 121 50 Appeal final 121 50 Appeal not to delay work on school-house 121 50 School board not liable for cost of appeal, when 121 50 School board to pay costs of first assessment , 121 50 Title for school purposes only 122 51 Title shall revert, when 122 51 Owner to pay for improvements 122 51 SCHOOL LAWS Superintendent of public instruction to revise and codify 131 58 To be printed and distributed 134 59 SCHOOL MONTH Defined 80 37 SCHOOL ORDEKS Not drawn till claim is audited 21 11 President to sign 32 17 Secretary to countersign 34 18 Secretary to keep register of 34 18 Treasurer shall register 44 23 Draw six per cent interest 118 50 J12 INDEX Sec. Page. SECRETARY OF THE DISTRICT To file statement of tax apportioned with board of supervisors. . 12 6 May be selected from board, when 13 7 Appointed by board of directors 18 10 Vacancy, how filled 18 10 Must give bond 19 10 May receive compensation 21 11 File address of district officers with clerk of board of supervi- sors, county superintendent, and county treasurer 23 13 Deliver plat to county treasurer and auditor 24 13 Record order of county superintendent 25 14 To certify tax for teachers' fund and contingent fund to board of supervisors 29 16 Record proceedings of district board and district meetings 34 18 Preserve copies of annual report 34 18 File all business papers 34 18 Countersign drafts and orders 34 18 Keep register of orders 34 18 Furnish treasurer with transcript of orders 34 18 Give notice of district township meeting 35 19 Keep account of district expenses 36 19 Debit and credit treasurer 37 19 Keep separate account with each fund 37 19 Certify amount of tax to board of supervisors 38 19 Report to county superintendent 39 20 Penalty for failure to report 40 21 Shall certify sums to board of supervisors 54 25 Countersign draft on county treasurer 60 28 File account of tuition 77 36 Make transcript in case of appeal 126 53 SUB-DIRECTOR First election of ' 2 1 Special election when district township is left without officers 3 1 Election of 8 4 To give notice of sub-district meeting 8 4 Number of. 10 5 To certify tax to district township meeting 11 5 Vacancy in oflice of, how filled 18 10 Discharge teacher by direction of board 22 12 Act under rules made by board 30 17 Take oath 46 23 May administer the official oath 46 213 May employ teachers, purchase fuel, etc 47 Have control of school-house 47 23 Contracts to be approved 47 23 TO SCHOOL LAWS OF IOWA. H3 Sec. Page. SU w-DIRECTOR CONTINUED Take enumeration of children. 48 24 Make annual report to district secretary 49 24 May dismiss pupils from school w,ith concurrence of president... 50 24 Visit school 50 24 Make contracts in writing 51 24 May admit pupils to school 79 37 SUB-DISTRICTS - As now organized, continued 1 Annual meeting, when held 8 4 Judges of election . 9 5 When but one in township, three directors to be elected 10 5 When there are two, one sub-director to be elected from each, and one from district at large 10 ' -5 Electors to determine whether they desire a tax for school-house levied . 11 5 May be formed of parts of two townships 25 14 Not to be divided 56 26 Schools to be taught in 76 34 Scholars in one may attend in another 79 37 May be constituted independent districts 109 47 SUB-DISRICT BOUNDARIES Township trustees may establish in new townships 2 1 Board of directors may establish and change 24 13 Plat and description must be made 24 13 Must conform to congressional lines 24 13 Change of, when to take effect 24 13 County superintendent may establish in certain cases 25 14 Established prior to March 12, 1858, continued in certain cases. . 89 40 SUB-DISTRICT MEETING When held 8 4 Notice of : 8 4 How organized , 9 5 Judges of election 9 5 To elect three sub-directors, when 10 5 To elect sub-director at large, when 10 5 Determine amount required for school-house 11 5 May increase term of school 29 16 SUPERINTENDENT OF PUBLIC INSTRUCTION Appeals from county superintendent, how taken. 129 56 To give thirty days' notice of appeal to county superintendent. . 129 56 Like notice to adverse party 129 56 Decision shall be final 129 56 Not to render judgment for money 130 58 Sl3 114 INDEX SUPERINTENDNT OF PUBLIC INSTRUCTION CONTINUED ^ Not to receive additional compensation for determining appeals. 130 50 Charged with supervision of schools and superintendents 131 58 Meet county superintendents in convention 131 58 Attend teachers' institutes when practicable 131 58 Render written opinion to school officers 131 58 Determine cases of appeal 131 58 To revise and codify school law 131 58 Office at seat of government 132 58 File all papers, documents, etc 132 58 Keep fair-?s<;ord of matters in office 132 58 Subscribe for Iowa School Journal 133 58 Furnish copies of same to county superintendents 133 58 Publish decisions in Iowa SchoolJournal 133 58 Print and distribute school laws 134 59 Prepare and distribute form of teachers' certificates 134 59 Other blank forms , 134 59 Report number of children to auditor of state 135 59 Report to general assembly. 136 59 Have 1,000 copies of report printed 136 59 Appoint teachers' institutes 137 59 Transmit funds appropriated to county superintendent . .. 137 59 Notify county superintendents of revocation of certificates by educational board of examiners 141 61 TAXES Sub district meeting may determine amount for school-house 11 5 Not to exceed ten mills on the township 12 6 j 12 6 Not to exceed fifteen mills on sub-district "J 28 15 j 12 6 School-house tax apportioned "J 28 15 Secretary to file statement of school- house tax with board of Supervisors 12 6 For contingent and teachers' funds, how levied 29 16 Not levied after third Monday in May 31 17 Receivable only in cash 38 19 Not to exceed $15, per scholar for teachers' fond 54 25 Not to exceed $5, per scholar for contingent fund 54 25 To pay judgment 91 41 Levied by district township to be void in new independent dis- trict. 100 45- Board of supervisors to levy 100 45 TEACHERS May be expelled 22 12 Contract with r made by sub-director 47 23 TO SCHOOL LAWS OF IOWA. H5 Sec. Page. TEACHERS CONTINUED Contract with, in writing 51 24 Not to be employed without certificate 61 28 Without certificate, forfeit compensation 61 28 Keep register of school 62 29 Keep separate register for non-resident pupils 62 29 File certified copy of register with district secretary 63 30 Examined by county superintendent 64 30 May receive certificate for one year 65 30 For special examination, fee required 67 31 Certificate of, may be revoked 69 31 Must attend institute 81 37 Entitled to holiday (Note d) . . 81 37 Number required for institute 137 59 May receive perpetual certificate 141 61 TEACHERS' INSTITUTE Schools to be closed during session of -81 37 Teachers must attend unless excused by county superintendent. 81 37 Teachers entitled to pay for time spent in attendance at (Mote c) . 81 37 Provision for 137 59 Appropriation of $50, for 139 59 Form of application for (No. 30) 95 TOWNSHIP TRUSTEES To divide new civil township into sub-districts 2 1 To give notice for first election of sub-directors 2 1 To give notice of special election of sub-directors 3 1 CHAPTEE II. COUNTY HIGH SCHOOLS County with population of 2,000, may establish 1 62 Object 1 62 Electors may present petition to boards of supervisors 2 62 Board of supervisors to give notice 2 62 May vote for, at general or special election 2 62 Ballots canvassed 3 63 Board of supervisors to appoint board of trustees 3 63 Bond and oath 3 63 Trustees elected at next general election 4 63 Classed by lot 4 63 Term of office 4 63 Trustees to qualify. 4 63 County superintendent president of board 5 63 INDEX Sec. Pa^e. COUNTY HIGH SCHOOLS CONTINUED - Secretary and treasurer appointed , 5 63 Trustees to make estimate of funds needed 6 63 Shall present estimate to board of supervisors 6 63 Tax not to exceed 2 mills 6 63 Tax to be paid to treasurer of county high school 7 63 Bond of treasurer 8 64 Duties of treasurer 8 64 Orders to be signed by president and countersigned by secretary 8 64 Secretary and treasurer to keep account 8 64 Statement to be made 8 64 Board to select site for high school 9 64 Site, to be without expense to county 9 64 Board to make purchases contracts &c. 9 64 Board to employ teachers 10 64 Model schools to be encouraged 10 64 Tuition free 11 64 Apportionment of pupils 11 64 Pupils from other counties may be admitted 12 65 Tax in counties destitute of high schools 13 65 Rules and regulations for school 14 65 Trustees to make annual report 15 65 Copy of report to be sent to Supt. Pub. Inst 15 65 Vacancies in board 16 65 Compensation of trustees 17 66 CHAPTER III. STATE UNIVERSITY Object and location 1 66 Course of study ; where to commence 1 66 Students who have not completed elementary branches not ad- mitted 1 66 No religious denomination to control 2 66 Governed by board of regents 3 66 Governor, president of the board 3 66 Superintendent of public instruction and president of university members of board 3 66 One member from each Cong. Dist. elected by the gen'l assembly 3 66 Members divided into classes 4 66 Term of office 4 66 Vacancy, how filled , 4 66 Departments determined by board of regents 5 67 TO SCHOOL LAWS OF IOWA. H7 Sec. STATE UNIVERSITY CONTINUED May confer degrees and grant diplomas 5 67 Meetings 6 67 Special meetings called by president or three members 6 67 Executive Com. to audit claims 7 67 Chairman to dra,w orders 7 67 Orders to be countersigned by secretary 7 67 Record of expenditures to be kept by committee 7 67 Record to be submitted to board 7 67 Secretary elected 8 67 Duties of secretary 8 67 Treasurer elected 9 6 8 Duties of treasurer 9 68 Oath and bond 9 68 Sureties to be approved by board 9 68 To keep set of books 10 68 Treasurer to institute suit, when 11 68 Board of regents shall enact laws for government of university. 12 68 Appoint president, professors and tutors 12 68 Determine salaries of officers 12 68 Purchase apparatus, etc 13 69 All specimens collected by state geologist to be property of the s f ate 14 69 Sales of land 15 69 Funds may be invested 15 69 Funds not to be used for ordinary expenses ot the institution. ... 15 69 President to report to board of regents 16 69 Br>ard to report to superintendent of public instruction 17 7ft No compensation except mileage . . 18 70 SCHOOL LAW DECISIONS. APPEAL CASES, BY THE SECRETARY OP THE BOARD OF EDUCATION AND THE SUPERINTENDENT OF PUBLIC INSTRUCTION. COMPILED FOR THE USE OF SCHOOL OFFICERS BY AL01STZO ABERNETHY, SUPERINTRNDKNT OF PITBTJC INSTRUCTION. DES MOINES: G. W. EDWARDS, STATE PRINTER, 1872. PREFACE. The School Law Decisions published in 1868 by the late Hon. D. F. Wells, proved to be of great value to county superintendents in the determination of appeal cases ; to school officers in the exer- cise of 4 their official duties; also to parties in conducting appeals be- fore the county superintendents and the Superintendent of Public Instruction. The settlement of difficulties, and the means of redressing wrongs afforded by this method of appeals is inexpensive, and, it is believed, has given general satisfaction, and in most cases, been the means of securing substantial justice. These decisions are republished with the addition of the more im- portant ones rendered since 1868, in the hope that their dissemination will diminish the number of appeals, and contribute to a more sys- tematic and just administration of the school laws. One copy will be furnished each county superintendent and each board of directors in the State for official use, and for transmis- sion to successors in office. The labor of preparing these decisions, and the full additional di- gests placed at the head of each, has been performed mainly by J. W. Stewart, Deputy Superintendent of Public Instruction, whose thorough knowledge of the school laws, and the principles underly- ing the decisions from this department, and whose legal ability have given me valuable aid in this work, for which I desire to give him credit. ALONZO ABEKNETHY. ^Superintendent of Public Instruction. DES MOINES, IOWA, August, 1872. TABLE OF OASES. A LBION, District Township of, Smith v 22 Archer v. District Township of Warren 126 B ELL v. District Township of Morning Sim 1 Belmont, District Township of, Moorman v 102 Black Hawk, District Township of, Moore v 92 Bleckley v. District Township of Cedar 118 Bloomficld, District Township of, Devin v 31 Boomer, District Township of, Remington y 110 Boynton v. District Township of Lodomillo 113 Bradford and King v. District Township of Lime Creek 5 Brand v. District Township of Morgan 14 Brandon, District Township of, Kelsall v 50 Brown v. District Township of Richland 20 Brown, District Township of, Gordon v (58, 81 Buckeye, Independent District of, Towns v 51) Burch v. District Township of Hickory Grove 15 Burlington, District Township of, Jones v 45 ( 'AS P ASTLE Grove, District Township of, Heisey v 66 Cedar, District Township of, Bleckley v 118 Cedar, District Township of, Dayton v 128 Cedar, District Township of, Miner v 97 Center, District Township of, Deremo v 8 Charitou, District Township of, Whicker v 123 Cheney v. District Township of Pleasant Valley 132 Clark v. District Township of Wayne 43 Coffin's Grove, District Township of, Smith v 63 Coffin's Grove, District Township of, Trumble v 100 Competing District Township of, McReynolds v 30 Crane v. District Township of Montrose 16 Cresro, District Township of, Norton v 83 Curry v. District Township of Franklin 76 I / AYTON v District Township of Cedar 128 Deerfleld, District Township of, Stone and Lovelace v 99 Delaware District Township of, Independent District of Manchester v 6 Deremo v. District Township of Center 8 Drviii v. District Township of Bloomrield 37 Dobbins and Briggs v. District Township of Salem 34 Vi CONTENTS. Dougherty v. Tracy County Superintendent 56 Draper v. District Township of Lick Creek. . 47 E DWARDS v. District Township of West Point 69 Emmetsburg, District Township of Kane v . 117 F AIRFIELD, District Township of, Kauffman v 3 Fairfield, District Township of, Reed v 67 Flynn v. District Township of Whitebreast 40 Forker v. District Township of Richland Ill Franklin, District Township of, Curry v. 7(5 Fremont District Township of, Huskins v. . . 114 Fremont, Independent District of, Hook v 109 UALLANT'S Grove, District Township of, Mclntosh v 31 German, District Township of, Steigelder v 33 Gordon v. District Township of Brown 08, 81 Grattan v. District Township of Ludlow. . 02 R L ALL v. District Township of Massilon 103 Hamilton, District Township of, Ockerman v 53 Hanover, District Township of, McNutt v 29 Hardin, District Township of, Prinyer v 120 Harris v. District Township of Lee 100 Harvey v. District Township of Stapleton 135 Heisey v. District Township of Castle Grove 00 Hickory Grove, District Township ot, Burch v 15 Hicks v. District Township of Pleasant and Mantua 108 Hook v. Independent District of Fremont. 109 Huskins v. District Township of Fremont. 114 OWA, District Township of, Schnoeblin v 40 d ACOBSON v. District Township of Lafayette 131 Jefferson, District Township of, Redler v 119 Johnson v. District Township of Monroe 30 Jones v. District Township of Burlington 45 Jones v. District Township of Salem 74 .ANE v. District Township of Emmetsburg 117 Kauffman v. District Township of Fairfield 3 Kelsall v. District Township of Brandon 50 King et al., v. District Township of Spring Creek 39 L AFAYETTE, District Township of, Jacobson v 131 Lee, District Township'of, Harris v 106 Lester, District Township of, Sipple v 93 Lick Creek, District Township of, Draper v 47 CONTENTS. yJl Lime Creek, District Township of, Bradford & King v 5 Lodomillo, District Township of, Boynton v 113 Ludlow, District Township of, Grattan v 62 Ludlow, District Township of, Markley v 85 I. . AKEE, District Township of, Taylor v 25 Manchester, Independent District of, v. District Township of Delaware 6 Maquoketa, District Township of, Markle v 28 Maquoketa, District Township of, Smith v 72 Markle, v. District Township of Maquoketa 28 Markley v. District Township of Ludlow 85 Marshall, Independent District of, Noble v 89 Mason v. District Township of Otter Creek 7 Massilon, District Township of, Hall v 103 McHenry v. District Township of Rock Grove 4 Mclntosh v. District Township of Gallant's Grove 31 McNutt v. District Township of Hanover 29 McKeynolds v. District Township of Competine 30 Miner v. District Township of Cedar 97 Morgan, District Township of, Brand v 14 Monroe, District Township of, Johnson v 36 Montrose, District Township of, Crane v 16 Moore v. District Township of Black Hawk 92 Moorman v. District Township of Belmont 102 Morning Sun, District Township of, Bell v 1 Mosalem, District Township of, District Township of Washington v 12 Mullin v. District Township of Perry ,. . . 105 N EAL v. District Township of Washington 107 New Albany, District Township of, Waltz v 121 Nichols v. Roberts, County Superintendent 42 Noble v. Independent District of Marshall 89 Norton v. District Township of Cresco 83 CKERMAN v. District Township of Hamilton 53 Otter Creek, District Township of, Mason v , 7 P ALMYRA, District Township of, Wade v 4 Peck et al., v. District Township of Polk 115 Perry, District Township of, Mullin v 105 Pleasant and Mantua, District Townships of, Hicks v 108 Pleasant Ridge, District Township of, Williamson v 48 Pleasant Valley, District Township of, Cheney v 132 Polk, District Township of, Peck v 1 1'5 Price v. District Township of State Center 00 Prinycr v. District Township of Hardin 120 Pryne v. District Township of York \\% viii CONTENTS. liEDLER v. District Township of Jefferson 110 Reed v. District Township Fairfield (; ; Remington v. District Township of Boomer 110 Richland, District Township of, Forker v 111 Richland, District Township of, Brown v 20 Roberts, County Superintendent, Nichols v 42 Rock Grove, District Township of, McHenry v I I^ALEM, [, District Township of, Dobbins & Briggs v :M Salem, District Township of, Jones v 74 Schnoeblin v. District Township of Iowa 40 Sharp v. District Township of Walnut 10 Sipple v. District Township of Lester !>:; Smith v. District Township of Albion 22 Smith v. District Township of Coffin's Grove (;;} Smith v. District Township of Maquoketa 72 Spring Creek, District Township of, King et al., v 39 Spring Creek, District Township of,, Stoutenbaugh v 49 Stapleton, District Township of, Harvey v 135 State Center, District Township of, Price v ('() Steigelder v. District Township of German 33 Stine v. District Township of Wahkonsa 27 Stone & Loveless v. District Township of Deerfieid '.'.) Stoutenbaugh v. District Township of Spring Creek 4!) T AYLOR v. District Township of Makee 25 Towns v. Independent District of Buckeye 59 Tracy, County Superintendent, Dougherty v ft; Trumble v. District Township of Coffins' Grove 100 Tunison & Roy v. District Township of Wilton 7S W ADE v. District Township of Palmyra 4 Wahkonsa, District Township of, Stine v 27 Walnut, District Township of, Sharp v 10 Waltz v. District Township of New Albany 121 Warren, District Township of, Archer v 12(5 Washington, District Township of, v. District Township of Mosalem 12 Washington, District Township of, Neal v 107 Wayne, District Township of, Clark v 43 West Point, District Township of, Edwards v W Whicker v. District Township of Chariton 123 Whitebreast, District Township of, Flynn v 40 Wilton, District Township of, Tunison and Roy v 78 Williamson v. District Township of Pleasant Ridge 48 Y ORK, District Township of, Pryne v H2 SCHOOL LAW DECISIONS. WILLIAM BELL, Appellant, v. THE DISTRICT TOWNSHIP OF MORN- ING SUN. Appeal from Louisa County. 1. SUB- DIRECTOR. A sub-director continues in office until his successor is elected and qualified. Sec. 2U97, Revision 1800. 2. Failure to qualify anew does not create a vacancy. 3. Sub directors are not entitled to compensation for official services. 4. SCHOOL-HOUSE TAX. In levying tax for school-house purposes the board may make such apportionment as jusiice may require, provided the rate does not exceed ten mills on the dollar. The testimony in this case shows, that en the first Monday in March, 1862, only two sub-districts in the district township of Morning Sun in said county, held an election, and elected sub- directors, to-wit: sub-districts numbers Three and Seven. On the 10th clay of March, 1862, the board of directors of said district township held a meeting, at which Thomas McCluskin and W. L. Lyrnan, sub-directors elect from sub-districts numbers Three and Seven, appeared and were sworn in. There being no quorum present, the board adjourned to meet again on the 24th day of March, 1862, at wh'ch time sundry members, who had been elected for the year previous, tendered their resignations, and the vacancies thus created were filled by appointment, and a president and treasurer were elected. On the 12th day of April, 1862, the time fixed by law for the regular meeting, the board met and performed sundry ofiicial acts, and adjourned to meet again on the 17th day oi May, 1862, at which time certain other official business was trans- acted, after which they adjourned sine die. Mr. William Bell takes exceptions to the whole procedure and appeals to the county superintendent, on the ground in substance, that the board of directors had no legal existence from and after the 13th day of March, 1862, with the exception of the members from sub-districts numbers Three and Seven, and that some of their acts were not warranted by law, even if they had been legally con- stituted. The county superintendent sustained the action of the si SCHOOL LMV DECISIONS. William Bell v. The District Township of Morning Sun. board with one or two exceptions, upon which Mr. Bell appealed to the secretary of the board of education. There is but one question of importance involved in this case, to- wit: Was the board a legally constituted body from and after the 13th day of March, 1862, or, to use the language of the appellant, "ten days after the first Monday in March?" It appears to be admitted that they were so so constituted prior to that time. If so, then it follows that they were so constituted subsequent to that time; for nothing transpired at that time to produce any change. The law provides (Sec. 57, Part VIII, Laws of 1860) that, " Any officer whose term of office is prescribed by this act shall continue in office until his successor is elected and qualified." It is evident then under this provision that the sub-directors whose successors had not been elected and qualified, were authorized to hold over for the ensuing year, and hence the existence of the board was pei- petuated with the same legal qualifications and powers that it possessed on the first Monday in March, 1862. The resignation and appointment of certain members, though totally unnecessary, was nevertheless legal, and does not affect the case. The only possible question that can arise as to the correctness of this construction is whether the failure of members holding over to qualify anew within ten days after the first Monday in March would create a vacancy. I am fully satisfied that it would not. There is no provision in the school law requiring it. There is a general statute of this kind (Sec. 568, Revision of 1860); but it is not applicable to school officers; for under our constitution all acts providing for the election and defining the duties of school officers, must originate with the board of education. The general assembly can pass no such law, except by way of amendment to an act passed by the board of education. The section referred to originated with the general assembly and has never been sanc- tioned by any legislation of the board of education, and hence it cannot apply to school officers. This construction is in accordance with the decision of the supreme court (See Tth Iowa Report, 263, The District Township) of Dubuque v. The City of Jjubuque.} See, also, my circular of December 9th, 1861, hereto appended. It is proper to add, that with the view ot preventing even a quibble on the subject, I have uniformly recommended that school officers holding over should quality anew; but my recommendation is not law, and therefore not binding. The board being legally constituted, it only remains to pass upon the legality of their acts, and in doing so I find but two to which I can take exception, to-wit: the allowance of compensation to sub- directors, and the alteration of sub-district boundaries. The law does not provide for the compensation of sub-directors, and hence, [SCHOOL LAW DECISIONS. J.icob Kauffman v. District Township of Fail-field. the allowance was illegal. It is done, however, in many districts by mutual consent. The only question as to the legality of the action of the board relative to sub-district boundaries is: were the the changes " such as justice, equity, and the interests of the people require?" The remonstrances against the alterations would seem to indicate plainly that they were not. In levying the tax for school- house purposes, the board may make such apportionment " as justice may require," provided the rate does not exceed jfe mills on on the dollar (ten mills under the present law), in any sub-district. The highest rate named in the case under consideration is Jour mills, being one mill less than the maximum fixed by law. In view of the foregoing considerations, I cannot do otherwise than affirm the decision of the county superintendent. AFFIRMED. ^ THOMAS H. BENTON", JE., Secretary of the Board of Education. August 2, 1862. JACOB KAUFFMAN, Appellant, v. DISTRICT TOWNSHIP OF FAIRFIELD. Appeal from Fayette County. SuB-DiSTBicT. A Sub-district is not entitled to draw money from district treasury in lieu of the full term of school required by law. It appears from the record of proceedings and testimony sent up, that the district board authorized said sub-district to have and main- tain a four months term of school in the year 1859, but that the term actually held under this authority continued but three, months. That application was made by eaid Rib-district in the next succeeding year to have the term for the year last named which said sub-dis- trict was authorized to hold, extended one month, or the sum of twelve dollars in lieu thereof this sum having been allowed to an- other sub-district in the same township, which had failed to hold its full term by one month. Upon this application, the district board either never acted, or acted adversely to the application. The min- utes of the board are silent upon the question. There is some evidence however tending to show that there was a vote taken which resulted in denying the application. Upon these facts the county superintendent dtcided that said application was properly denied, and in this opinion I unhesita- tingly concur. AFFIRMED- H. A. WILTSE, Acting Secretary of the Board of Education. November 4th, SCHOOL LA.W DECISIONS. George A. Mcllenry v. The District Township of Kock Grove. WADE, Appellant, v. THE DISTRICT TOWNSHIP OF PAL MYRA. Appeal from Warren County. BOATCD OP DIRECTORS. The acts of a board are presumed to be regular, legal, and just, and should be affirmed by ihe Co. superintendent, upon appeal, unless proof is brought to show the contrary. .The grievance complained of in this case is the alleged improper location of the school-house in and for sub-district number Two in said township. There is no testimony sent up the county super- intendent in his turn alleging that no testimony was preservr d by him, and that it is out of his power to reproduce or obtain it. "Under these facts there is nothing to rebr.t the presumption of law in favor of the regularity and correctness of the proceedings of the district board. Nothing therefore can be done by me, but to affirm the decision of the county superinteLident, which is accordingly done. AFFIRMED. H. A. WILTSE, Acting Secretary of the Board of Education. November 4, 1862. GEORGE A. McllENRY, Appellant, v. THE DISTRICT TOWNSHIP OF KOCK GROVE. Appeal from Floyd County. B^ABD OP DIRECTOR*. The board should be sustained upon appeal, unless they have violated law, abused their discretionary power, or have acted with manifest injustice. As nearly as can be ascertained from the return of the county superintendent the case is this: Out of sub-district number Three of said township, the district board erected sub-districts number Three and Six. In sub-district number Six so created, a school was taught for six months with an average attendance of four pupils. At the close of this term the district board abandoned said sub-district num- ber Six, thus making sub-district number Three to embrace the same territory that it did contain before it was divided. SCHOOL LAW DECISIONS. Ezra Bradford and Thomas A. King v. The District Township of Lime Creek. The district board further made an appropriation of money to de- fray the expense of boarding the children of the appellant during the term of the school in said sub-district number Three, he being the only one, as the record shows, whose family was seriously incom- moded by said abandonment. Upon appeal to the county superintendent the action of the dis- trict board was affirmed ; whereupon an appeal from his decision has brought the case before me. The case is not free from difficulty; but the weight of evidence and reason seems to be with the decision of the county superin- tendent. It does not appear what amount of means was at the dis- posal of the board for the purpose of maintaining a school in sub- district number Three, either before or after it was divided ; nor does it appear what was the average attendance at school in that sub-district before the division. Bat it is fair to conclude that neither the means nor attendance was larger than was required and proper for a single school. If this is true, we have no hesitancy in saying that the decision of the county superintendent was just. The desire of the appellant to provide a school for his children is honorable to both his head and heart; but the provisions made by the board for his children evinces the very opposite of any disposi- tion to wrong him or to neglect them. Had the appellant shown either that the means for the two schools were at the command of the board, or that the average at- tendance justified another school, my decision would have gladly been with him; but in the absence of such showing, and under the facts as the transcript shows them to exist, I must and do affirm the ruling of the county superintendent. AFFIRMED. H. A. WILTSE, Acting Secretary of the Board of Education. November 1862. EZRA BRADFORD and THOMAS A. KING, Appellants, v. THE DIS- TRICT TOWNSHIP OF LIME CREEK. Appeal from Washington County. BOARD OF DIRECTORS. The acts of a board are presumed to be regular, legal, and just, and should be affirmed by the county superintendent, upon appeal, unless proof is brought to show the contrary. It appears that the said district board, on the 7th day of April, 1860, changed the boundaries of sub-district number Two. The SCHOOL IAW DECISIONS. Independent District of Manchester v. District Township of Delaware. complaint is that proper notice of this change was not given, and that appellants are incommoded .by the change. The notice conforms precisely to the requirement of sub-division 12 of section 16, of the act of the state board of education, passed December 24th, 1859, and in force when said change was made. If appellants wore incommoded by the change, they have neglected to show how or when, by anything approaching to testimony. The decision of the county superintendent is therefore AFFIRMED. H. A. WILTSE, Arting Secretary of the Board of Education. November 4th, 1862. INDEPENDENT DISTRICT OF MANCHESTER v. DISTRICT TOWNSHIP OF DELAWARE. Appeal from Delaware County. SETTLEMENT. After an independent district has been erected within a town- ship district, and the respective boards of directors have paid the debts owing by the district prior to the separation, and divided the funds on hand, a new board of one of these organizations cannot appeal. The district of Manchester was for some time included in and was a sub-district of the said district township of Delaware. While so included, schools were taught, taxes levied and collected, debts incurred and funds acquired. When Manchester separated from Delaware district, there were both assets and liabilities to be divided and paid. The plan adopted in reference to said assets and debts was, that each organization should pay and receive thereof an amount proportioned to the taxable property within each. This play was carried into effect and the debts paid and the assets divided accordingly. Some time after this agreement had been made and carried into full effect without objection or complaint by either party, the district of Manchester claimed before the county superintendent of Delaware county that the assets, which consisted of money, should have been divided in proportion to the number of children between the ages of five and twenty-one years. This claim was entertained by the county superintendent, a trial was had and the claim sustained. We cannot see how the county superintendent acquired juris- diction of this case. " Any person aggrieved," etc., says the law, SCHOOL LVW DECISIONS. J. H. Mason v. The District Township of Otter Creek. " may appeal." Eat in this case there was no person aggrieved. Two parties equally competent to contract, make and fully execu'e a contract. One of the parties, it appear^, has since become dis- satisfied with the contract. But it is "one of the contracting parties that so becomes dissatisfied, and there is no tribunal that can listen to the complaint or grant relief. The law was made for parties who had no voice in the decision; not certainly for parties who come complaining of their own decisions. We therefore feel compelled to, and do reverse the decision of the county superintendent. REVERSED. II. A. WILTSE, Acting Secretary of the Board of Education. November o, 1862. J. H. MASON, Appellant, v. THE DISTRICT TOWNSHIP OF OTTER CREEK. Appeal from Linn County. 1. APPEAL. An appeal may be taken at any tirn.3 within thirty clays from the rendition of tli3 order complained of. 2. MOTION. When a motion to dismiss is overruled, the superintendent should proceed to try the case upon its merits. In the spring of 1861. action was taken by the board of directors of said district township which resulted in the selection of a site for a school house in sub district number Five of said district town ship. In the spring of 1862, the said board were petitioned for a reloca- tion of said site, which petition was denied ; and from this denial one of the petitioners, Mr. A. Hagerrnan, appealed to the county superintendent. At the hearing of the case by the county superintendent, the appellant in the case before me moved to dismiss the case because the appeal had not been taken within the limit of time fixed by the statute. How Mr. Mason became a party to the case between said Hagerman and said district nowhere appears. His motion to dismiss, however, was based upon the idea that the action of said board in denying the re-location prayed for, could not be appealed SCHOOL L1W DECISIONS. O. Deremo v. District Township of Center. from; and that the appeal was in fact from the decision of the board ordering the location in the first instance. Upon this motion, the county superintendent held: 1st. That an appeal to be valid must be taken within thirty days; and 2d. That the appeal before him, being from the action of the board denying the prayer for a re-location, had been taken in due time. From this decision, Mr. Mason, a stranger to the case, so far as the record shows, appeals to me. The motion to dismiss was properly overruled, and the action of the county superintendent in that behalf must be, and is hereby affirmed. The appeal was manifestly from the last action of the board that had in in 1862, and was taken in due time. Why the proceedings before the county superintendent should have cease upon the overruling of the motion, is as much a mys- tery, from all the record discloses, as how Mr. Mason came to be a party to the case. After overruling the motion, the superintend- ent should have gone on and heard the testimony and decided whether or not the action of the board denying the relocation was correct. If correct, he should have affirmed it; and if otherwise, he should have reversed it. And this, after giving the parties due notice, he should still do. AFFIRMED. II. A. WILTSE, Acting Secretary of the Board of Education. November 5, 1862. O. DKREMJ v. THE DISTRICT TOWNSHIP OF CENTER. Appeal fro?n Allamakee County. 1. LIABILITY OP DISTRICT BOARD : Where a board of directors refuses to draw an order on the treasurer for the amount of a judgment obtained against the district, and therefore a judgment is obtained against the individuals c >mposiug the bond, the claim against the district has expired, and the board his then no power to draw such order. 2. A board of directors has no power to levy a tax for the benefit of the school-house fund, unless au horized so to do by a vote of the electors. The district was indebted to John Stillman for building a school house in sub-district number Four, of said township. Failing in SCHOOL LA.W DECISIONS. O. Deremo v. District Township of Center. payment, Stillman brought suit in the district court of said county, and obtained judgment for the amount of his claim. At a subse- quent regular meeting of the electors of said district the subject of this judgment was called up, and the electors refused to make any provision for the payment thereof. Thereupon Stillman brought suit against the officers of said district township by virtue of section 3276, page 602, of Revision of I860, and recovered a judgment against them in their individual capacity. No date is given in the record to any of the occurrences above named. On the 6th of June, 1862, an order on the school-house fund was drawn by said board in favor of said Stillman, and delivered to, and received by him for the amount of the last named judgment and costs. From the action of the board an appeal was taken to the county superintendent of said county. On the 30th of June, 1862, the said board levied a tax on the taxable property of the district for the purpose of provi- ding the means for the payment of said order; and from this action of the board an appeal was likewise taken to the superintendent. The trial before the superintendent resulted in his sustaining the action of the board on the 6th of June, and reversing that had on the 30th of June. From the first named branch of his decision, the said Deremo appealed, and from the last branch said board has ap- pealed to me. The refusal of the board to issue an order had ren- dered the individuals composing the board, amenable to a judgment at the suit of Still in an. The fact that the board refused a demand made upon it to draw an order for the amount of the first judgment, and that it was, at the time it so refused, in its power to have done so, must have been proved in court as the basis of the second judg- ment. The electors, it is true, refused to authorize the board to levy a tax for the purpose of paying the first judgment. But this action of the electors did not stand in the way of the board drawing the order, and thus complying with the positive requirements of section 3275, page 601, of the Revision of 1860. By this refusal, the judg- ment-creditor is put the trouble and expense of a fresh suit, and the demand is largely increased. The judgment against the district expired with the rendition of the judgment against the individual members of the board. Still- man had no longer a claim against the district. The board has not and should never have power to draw an order upon its treasurer for any other purpose than the one of paying an indebtedness of the district. I can see no difference in principle between this case and one where the board should issue an order to pay the private debt of any one or all the members of the board. The judgment was neither against the board nor the district, but against certain indi- viduals. These individuals should pay the judgment; and then s2 10 SCHOOL IAW DECISIONS. Solonio : Sharp v. District Township of Walnut. seek relief, so far as they are entitled to any, from the district, or at the hands of the electors when assembled pursuant to law. They should not be permitted to sit as judges in their own case. For these reasons the decision of the county superintendent sustaining the action of the board in issuing said order, is reversed. That part of the decision which reversed the action of the board in levying a tax to pay said order, was undoubtedly right. The board had no authority of law upon which to base its action. First, Mr. Stillman's order was not issued to pay any debt against the district; and, second, if it had been, it was, or should have been, an order on the school-house fund, and for the benefit of this fund, the board is only at liberty by law to make a levy, when the elec- tors have, by vote authorized it to do so. This part of the county superintendent's decision is, therefore, affirmed. AFFIRMED. II. A. WILTSE, Acting Secretary Board of Education. November 5, 1862. SOLOMON SHARP v. THE DISTRICT TOWNSHIP OF WALNUT, Appellan f . Appeal from Wayne County. SUB-DISTRICT BOUNDARIES. A sub-district which, prior to the passage of the act of 12th March, 1858, was composed of parts of two or more civil townships, cannot be dissolved by the action of but one of the boards of diiectors interested. At the time the act of 12th March, 185S, took effect, there existed in said county a school-district organized in pursuance of the law before that time in force, composed of territory lying partly in Jack- son township and partly in Walnut township. This district con- tained a school-house in actual use, situate in that part of the dis- trict lying in Walnut township. After the passage of said act this district became sub-district number Two of Walnut township. In September, 1862, the district board of Walnut divided their township into sub-districts, and in this division disregarded the dis- trict first above named attaching so much thereof as lay in Walnut township, part to one and part to another sub-district. From this action an appeal was taken to the county superintend- ent, who reversed the same; and his decision is the matter com- plained of in the appeal to me. SCHOOL LAW DECISION?. Selomon Sharp v. D!sirict Township of Walnut. The law provides two contingencies, upon the happening of either of which a district of this character shall cease ; and it further pro- vides two modes for abrogating the district: by petition, and by concurrent action of the two boards. Neither of these contingencies has happened, and no petition was presented. Hence the only question is whether the board of Jackson township concurred. To establish the fact of this concurrence, the appellant relies upon a certificate by the secretary of the board last namod, of which the following is a copy: " This is to certify that nt a meeting of the directors of school district township of Jackson in Wayne county, Iowa, held at the house of James Campbell on September the 15th, 1862, the directors ordered the township of Jackson to be divided into three sub-districts. JAMES CAMPBELL, Secretary of the Board" This certificate was objected to and rejected at the trial below, because it was. a statement by Mr. Campbell as to what the board had done. Because, to be evidence, it should have been a copy from the records of the board, certified to as such by the secretary. This objection was well taken and the ruling upon it was correct. Were the certificate legal evidence, it does not show concurrence. It simply asserts that the directors of Jackson township ordered the township divided into three sub-districts. This might have been both ordered and executed without interfering with or in any way disturbing the district first above named, if it was in fact the in- tention of the board of Jackson township to concur in abrogating the district first above named and to absorb so much of the territory thereof as lay in Jackson township, such intention is not shown. This certificate is all [the testimony contained by the record as even tending to show concurrence on the part of the district board of Jackson township, and there is no evidence that the people resid- ing in Jackson township and within the limits of the district first above named desire any change whatever. We pass over the paper purporting to show concurrence by the district board of Monroe township, because it has nothing to do with, and has no hearing whatever upon the case. It was claimed before the county superintendent, that the district first above-named was a permanent district, not subject to be changed, except done in accordance with the act approved 24th Jan- uary, 1863, chapter 101, page 157, of the acts of our fourth general assembly. This is a mistake. It is subject to be changed in ac- cordance with the laws now in force. }2 SCHOOL LAW DECISIONS. District Township of Washington v. District Township of Masalem. Section 78, of the laws of the ninth general assembly, page 219, governs this case. The old district existed prior to the taking effect of the act of the 12th Mirch, 1858, and possessed a school-house which had not been destroyed, removed nor abandoned. Under these facts the old district, with the boundaries as they ex- isted at the time the act of 12th March, 1858, took effect, must re- main a sub-district of Walnut township(in which the school-house is situated), until changed in pursuance of law. AFFIRMED. H. A. WILTSE, Acting Secretary of the Board of Education. December 20th, 1862. DISTRICT TOWNSHIP OF WASHINGTON Appellant, v. THE DISTRICT TOWNSHIP OF MOSALEM. Appeal from Dubuque County. PROCEEDINGS: Regularity of presumed. When the district township records show, that fora number of consecutive years, the children of certain congres- sional divisions of land, have been enumerated, and have attended school in a certain district township, and no objections have been raised, it will be presumed that the territory is regularly attached to, and forms a part of, said district town- ship. The appellant, in his capacity of president of Washington town- ship in Dubuque county, Iowa, claims in this case that Washington township is entitled to certain school moneys which have been or are about to be paid over to Mosalem township in said county. He alleges that sub-district number Seven of Washington township embraces parts of Mosalem, Washington, and Table Mound town- ships in said county, and that the school-house for this district is in Washington township; that this district was organized as far back as 1849, and has ever since been organized and existing district and that it is now a sub-district in Washington township by virtue of section 78 of the present school law. The existence of this district, or rather of any part of the district within Mosalem township at the time the act of March 12, 1858, took effect (the criterion by which appellant's claim is to be judged), is denied by appellee, and is the only issue in the case. The claim for the moneys in question was rejected by the district township of Mosalem, and this action was sustained by the county superintendent of Dubuque county, on the ground that the evidence SCHOOL LA.W DECISIONS. District Township of Washington v. District Township of Masalem. produced upon the trial before him did not show the time and man- ner of the organization of said district number Seven. He con- cluded that unless the original organization was shown to have been legal, the plaintiff's case must fail. The facts not having, in his judgment, been established by competent testimony, he found for the defendant. That the superintendent was mistaken in the view he took of the law, is mobt obvious. Under the issue made, the only ques- tion for him to have investigated, was whether at the time the act of 12th of .March, 18:8, took effect, the district in question existed and had a school-house which had not been destroyed, removed or abandoned. jSTor was record evidence (as assumed by the superin- tendent) the only testimony receivable to establish this fact. The superintendent made up his transcript prior to the distribution of our pamphlet upon appeals. This accounts for and perhaps ex- cuses him for sending up, in place of the testimony, simply a com- mentary upon the oral testimony produced before him. Enough is sent up, however, to show that this district, embracing the halt' section of Mosalem tovnship claimed to be a part thereof, existed long prior to and at the time of the taking effect of the act of 12th of March, 1858, and that it had a school-house in actual use. The record of said district number Seven dating back to 1849 shows that gentlemen who were admitted in the argument before me to have been at the time residents upon said half section, were in the .years 1849, 1851, 1853, 1855, and 1857, members of the board of directors of said district number seven. This record further shows that for the years 1860 and 1861, the children of residents upon this half section were enumerated as being included within said district. This record further shows that there has been a school taught in said district, at which the children of residents upon said half section have been taught, ever since the year 1849. It appears by the record of the county superintendent of Dubuque county, Iowa, (which with the record above referred to were in evidence before the county superintendent and came up with the case) that, in the year 1860, when the boundaries of this and many other sub-districts were by superintendent Mason for the first time recorded, this half section formed, and had before that time formed, a part of the district in question. The county superintendent, in his transcript in this case, names four witnesses, the effect of whose testimony as found and reported by him, was that said district number Seven was composed in part of said half section in Mosalem township more than ten years ago, and had always, up to 1860, received the money arising from school 14 SCHOOL LA.W DECISIONS. J. D. Brand v. The District Township of Morgan. taxes levied upon this half section. And this testimony stands uncontradicted. From all this testimony, and which is unopposed by anything brought forward by defendant, we can but conclude, and do most unhesitatingly pronounce, the south half ot section thirty-one, in township eighty-eight of range three, east of the fifth principal meridian, in the township of Mosalem, in the county of Dubuque and state of Iowa, formed a part of sub-district numbered Seven, in Washington township, in eaid county, at the time the act of 12th March, 1858, took effect; and that it is still a parr of said district and entitled to the school moneys claimed in this suit. I am therefore compelled to reverse, and do hereby reverse the finding and decision in this case of the county superintendent of Dubuque county. REVERSED. H. A. WILTSE, Acting Secretary of Board of Education. J. D. BRAND v. THE DISTRICT TOWNSHIP or MORGAN, Appellant Appeal from Franklin County. SUB-DISTRICT BOUNDARIES: Change of. Sub-district boundaries may be changed, only at the regular meeting of the board of directors in September, or at a special meeting called thereafter for that purpose, before the following sub- district election. It appears from the transcript of the county superintendent, that on the loth day of September, 1862, the board of directors of the district township of Morgan, in said county, formed a new sub- districtnumber Four out of portions of sub-districts numbers Two and Three. And that on the first Monday in March, 1863, the electors in said sub-district number Four, elected a sub-director; and that on the second Monday in March, 1863, the electors in said township voted a tax of five hundred dollars for the purpose of building a school-house in said sub-district number Four. But that on the 28th day of March, 1863, the board of directors of said district township dissolved said sub-district number Four, ard consolidated it with sub-districts numbers Two and Three. From this last act of the board of directors an appeal was taken to the county superintendent, who reversed the order of the board; and SCHOOL LAW DECISIONS. 15 David Burch and Elizabeth Bnrch v. the District Township of Hickory Grove. from this decision of the county superintendent an appeal is brought as above. It seems from an examination of the case that the only question submitted to the superintendent, was that of jurisdiction, to- wit: whether the board of directors had authority to change the boundaries of sub-districts at the time stated, viz. : on the 28th day of March. I consider this question settled by the commentary of Col. Thos. H. Ben ton, jr., ou section 29 of the present school law; hence I need not review the points presented by the appellee. Were it an open question I think an examination of said section would bring me to the same conclusion as that reached by Col. Benton. Hence I have no hesitation in confirming, and do hereby confirm the decision of the county superintendent. AFFIRMED. ORAN FAVILLE, Secretary of the Board of Education. August, 1863. DAVID BURCH and ELIZABETH BURGH v. THE DISTRICT TOWNSHIP OF HICKORY GROVE, Appellant. Appeal from Scott County. SuB-DiKECTORS, in contracting with a teacher, rnust be governed by instruc- tions ot the board of directors. The record of the county superintendent shows that the old sub- director for sub-district number Tw of said district township, on the 13th day of April, 1S63, made a contract with Mrs. E. Burch to teach the summer school for three months, commencing on the first Monday in May, 1863; that this contract was given to the president of the board of directors at a meeting of said board, on the day first above named, to be approved and filed; but that the contract was not appro vf d, for reasons set forth in the transcript of the secretary's record, to-wit: that "the sub-director had not been instructed to make contracts for the summer schools, and that (according to cus- tom) no resolution had been passed limiting the time of the schools and the wages of teachers." That after the organization of the new board of directors, the new sub-director for said sub-district, under direction of the board, employed another teacher, who commenced SCHOOL LAW DECISIONS. J. T. Crane v. District Township or Montrose. teaching; that from this act of the board Mr. Bnrch appealed to the county superintendent, who declared the contract with Mrs. Burch legal and binding. Davison dk True for appellant. ISTo appearance for appellee. The decision of the superintendent is based on the supposition that the old sub-director has full power to act until the new board is organized, and that the contract was made in good faith, and was regular in all respects, except in not having the signature of the president of the board. It is true that the old sub-director has authority to act until the new board is organized, but he must act under instriiciion from the board. Section 48, part 33 of the law says: "It shall be the duty of the sub-director, under such rules and restrictions as the board may pre- scribe, to negotiate and make in his sub-district all necessary con- tracts for providing fuel for schools, employing teachers," etc. "All contracts made in conformity with the provisions of this sec- tion, shall be approved by the president and reported to the board of directors," etc. It is not claimed that the board had directly in- structed him to employ a teacher for the summer school; and as- suming that he acted under general instructions, the contract would not be binding unless approved by the president of the board. Under the circumstances we feel compelled to and do reverse the decision of the county superintendent. REVERSED. OR AN FAYILLE, Secretary of the Board of Education. July 29, 1863. J. T. CRANE v. THE DISTRICT TOWNSHIP OF M>NTR-SE. Appeal from Lee County. APPEAL. An appeal may be taken from an order of the board which is in ef- fect the affirmance of a former action. The board of directors of the district township of Montrose in Lee county, on the 15th of September, 1S62, changed the boundaries SCHOOL LAW DECISIONS. 17 J. T. Crane v. District Township of Montrose. of sub-districts numbers Six and Seven, transferring the plain- tiff from the latter to the former. A special meeting of the board was held, at the request of the plaintiff, on the 7th of February, 1863, for the purpose of " regulating the boundaries of sub-dis- tricts numbers Six and Seven, and for other purposes " ; and it was decided at said meeting u to make no change." From this order of the board, the plaintiff on the 16th of February, 1863, appealed to the county superintendent, who heard the evidence and arguments on the 7th of March, 1863, and on the 14th of March gave his de- cision reversing the action of the board in the premises and reinstat- ing the plaintiff in sub-district number Seven. From this decision of the county superintendent an appeal was taken to the secretary of the board of education. JFrank Balling er for appellant. J. H. Craig for appellee. The counsel for appellant claims that the decision of the county superintendent should be reversed for the following reasons: 1. The plaintiff was debarred the right of appeal by the statute of limitation. 2. His affidavit was insufficient in not specifying wherein he was aggrieved. 3. The board of directors acts as a local legislature in fixing the boundaries of sub-districts, and its acts in this regard are not subject to review by the county superintendent. 4. The merits of the case require that the action of the board should be sustained. The question of jurisdiction having been waived by the appellant, on the trial before the county superintendent, the case might be de- termined on its merits alone, and the discussion of other points would be mere obiter dicta, were it not that having examined all the testimony and arguments, covering over one hundred pages of manuscript, and that other similar causes may arise, we think the questions raised should be settled. The counsel on both sides have given the subject thorough inves- tigation and have cited authorities to sustain their positions. We briefly notice the positions taken by the counsel for appellant. 1. It is claimed that the appeal should have been taken from the action of the board in September, 1862; and as the board refused to take any action at its meeting in February, 1863, the remedy of the plaintiff was mandamus and not appeal. The boundaries of sub-districts may be changed at the regular s3 SCHOOL LAW DECISIONS. J. T. Crane v. District Township or Montrose. meeting of the board of directors on the third Monday in Septem- ber, or at any special meeting called for that purpose, any time between the third Monday in September and the first Monday in March; but any changes made in said boundaries will not take effect until the first Monday in March; consequently no one will acquire any rights or suffer any injuries during this period in consequence of any such change. The subject matter, then, is an open question with the board during the period named. It is true that if, after the third Monday in September, no special meeting is held by the board for the purpose of regulating the boundaries of sub-districts, its action taken at that time will stand, unless appealed from within thirty days; and the person believing himself aggrieved by said action may elect either to appeal or to secure a special meeting of the board for a redress of his griev- ances. This method of procedure has heretofore been recognized by this department. A similar case was brought from Fayette county, and the decision rendered by my predecessor was published in The Iowa Instructor and School Journal, July 1, 1863. In that case the board of directors at its regular meeting in September, passed a res- olution changing the boundaries of certain sub-districts; and at a special meeting held in December for the purpose of rescinding said resolution, it refused to rescind ; but voted in effect to re-affirm its action in September. From this last order of the board an appeal was taken to the county superintendent, who entertained the appeal and reversed the action of the board in the premises. In the present case the board held a special meeting in February, for the purpose of regulating the boundaries of sub-districts num- bers Six and Seven ; in other words to rescind its action relating thereto at its meeting in September, thus re-opening the question de novo; and its refusal to reverse its former action was equivalent to re-affirming its previous decision. 2. The law says, " the affidavit shall set forth the the errors com- plained of in a plain and concise manner." It must be sufficiently explicit to enable the county superintendent to determine from what decision of the board, and when made, the plaintiff appeals, and what are the grounds of complaint. It is not necesssry that the affidavit shall state all the facts that are expected to be established by the testimony. It must contain sufficient data to initiate the appeal. The affidavit in question, besides recounting the supposed errors of the board in changing the boundaries of the sub-districts, states particularly that affiant's children had been dismissed from school without cause. SCHOOL LAW DECISIONS. J. T. Crane v. District Township of Montrose. The county superintendent was not only justified in entertaining the appeal, but under the circumstances, would have been culpable in dismissing it; for affiant's children had been dismissed from the school where they had a perfect right to attend until the first Monday in March, even if the action of the board in changing the boundaries of the sub-districts were affirmed. 3. It is true the board of directors acts as a " local legislature " in regulating the boundaries of sub-districts, but it does not follow that it may not commit errors, or that those errors cannot be cor- rected by a competent tribunal. The decision of the board is com- pared to the finding of a jury on simple matter of fact, which can- not be reviewed at common law. But if the verdict be perverse, or if any of the jury be guilty of misconduct, the court may direct a new trial. The law of appeal makes no distinction in the class of cases that is subject to review, with this exception, that no judgment shall be rendered for money. The object of the law would in a great meas- ure be defeated if the decision of the board affecting the boundaries of sub-districts were not subject to review, for there are few ques- tions in regard to which men are more sensitive than where they shall send their children to school ; and it would seem an arbitrary abuse of authority for the board to decide that A shall send his children and pay his taxes in number Six, and that B shall send his children and pay his taxes in number Seven, without notice, without hearing and without remedy ! 4. But the counsel for appellant claims that if his first, second, and third positions are not sustained, the decision of the county superintendent should be reversed on the ground of justice and equity. It is claimed that the plaintiff was removed from sub-district number Seven, to number Six, mainly for two reasons: first, be- cause objections were entertained against him and especially against his children by the people in sub-district number Seven; second, because the transfer of plaintiff to number Six would enable that sub-district to build a school-house which it could not do without such transfer. The testimony does not establish the first point. It nearly all goes to show that the plaintiff is "a good neighbor and that his children are as good as the average." The only position remaining has regard to equalizing taxation for the purpose of building school-houses. Here the counsel for appel- lant makes a strong point. He claims that sub-district number Seven is wealthy and has a school-house paid for, that sub-district number Six is smaller and has not sufficient taxable property at the maximum levy to build a school-house in forty years ; and 20 SCHOOL LAW DECISIONS. Jane Brown v. The District Township of Rlchland. moreover that it has been the custom for each sub-district to build its own school-house. The records show that prior to 1861 the plaintiff was attached to sub-district number Six; but that, on application, he was that year transferred to number Seven. The testimony does not show when the school-house was built in number Seven, nor whether the land on which plaintiff resides has ever been taxed to build a school- house. If the school-house was built prior to 1861- and we infer that it was the reason for transferring plaintiff to number Six, now would have retained him there then. Montrose is comparatively an old and well-settled district, and the necessity for a school-house must have been apparent in 1861, as well as in 1862. The inequality in the Dumber of pupils and the shape of the territory of each sub- district we do not in this case consider essential. Personal con- venience and private advantage, should generally, perhaps always, be secondary to the public accommodation and the common good. The genius of our institutions requires this, and nowhere is the ap- plication of this principle more appropriate than in the administra- tion of the school law. We have found some difficulty in determining the case before us; for the record does not disclose facts sufficient to make it entirely clear. The county superintendent gave the case a fair and patient hear ing, and after due deliberation decided " that neither justice, equity nor the interests of the people " required that the plaintiff should be transferred from sub-district number Seven to sub-district number Six; and he accordingly reversed the action of the board in the premises, and his decision is AFFIRMED. OKAN FAYILLE, Superintendent of Public Instruction. July 29, 1864. JANE BROWN et al., Appellants v. THE DISTRICT TOWNSHIP OF RICHLAND. Appeal from Tama County. SUB DISTRICT BOUNDARIES* Change of. In changing sub-district boundaries, both the present and future welfare ot the district should be considered. The board of said district township, at their regular meeting in September, 1864, chai.ged the boundaries of certain sub-districts, SCHOOL LAW DECISIONS. 21 Jane Brown v. The District Township of Richland. whereby sub-district number Seven and a portion of sub-district number One, were attached to sub-district number Five. From this order of the board an appeal was taken to the county superintendent, who, after a full and fair investigation of the case, sustained the action of the board. From his decision an appeal is brought to the superintendent of public instruction. It is not claimed that either the board of directors or the county superintendent committed errors in law or exceeded their jurisdiction Everything seems to have been done fairly and openly, and a final decision of the case is asked for solely on the ground of equity and justice. Appellants claim that sub-district number Seven has a good school of thirty-four scholars, and that by the proposed change, three-fourths of these pupils will be cut oif from school privileges in consequence of their distance from the proposed site of the new school-house. But it is shown by testimony that by building a bridge across a a certain stream the distance will be diminished, so that all parties will be accommodated. But there is no assurance in the record be- fore us that the bridge will be built this year or next. Meanwhile a large number of children may be deprived of a school. As a gen- eral rule it is better to have large sub-districts with a good school- house well furnished, than to have small sub-districts with small and poorly furnished school-houses. We believe the board had in view the welfare of the whole district, as did also the county superintendent in confirming their action, but we can see no injustice in this case in allowing the sub-districts to remain another year without change, or until the proposed bridge is built. The reason for consolidating the sub-dist;icts now will prob- ably exist then, and the occasion for complaint will then be removed. In this view of the case we feel compelled to reverse the decision of the county superintendent. REVERSED. ORAJST FAVILLE, Superintendent of Public Instruction. March 1, 1865. 22 SCHOOL LAW DECISIONS. Sarah E. Smith v. The District Township of Albion. \ SARAH E. SMITH v. THE DISTRICT TOWNSHIP OF ALBION, Appellant. Appeal from Howard County. TEACHERS : Right of to inflict punishment uporitheir puptts. A s chool-master who stands in loco pa/rentis may, in proper cases, inflict moderate and reasonable chastisement. The law confides to teachers a discretionary power in the inflic- tion of punishment upon their pupils, and will not hold them responsible crim- inally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their own evil passions. The record in this case shows that the plaintiff, Sarah E. Smith, entered into a contract with the sub-director of sub-district number Two, in said district township, to teach a school four months, com- mencing on the 19th of December, 1864. That she commenced her school accordingly, and taught until the 30th of January, 1865. That on the 29th of January she was notified to meet the board of directors to answer to the charge of undue severity in chastising one of her pupils; that she attended the meeting of the board and made her defense, but the board decided to expel her from her school, paying her for the time she had taught. From this action of the board she appealed to the county superintendent who re- versed the order of the board, and from the decision of the county superintendent an appeal is brought to the superintendent of public instruction. L. Bullis for appellant. J* L. Foster for appellee. It is claimed on the part of the board that the county superin- tendent had no jurisdiction, and that he erred in entertaining the appeal and reversing the order of the board; but having gone to trial before the county superintendent, and having submitted the case, after making their delense, they can not now plead want of jurisdiction. The testimony shows that the pupil, a boy of some twelve years of age, did not like the seat assigned him by the teacher and asked permission to go out, which was given; that he started toward home ; that the teacher called to him to come back, threatening to punish him if he disobeyed ; that he went home and remained out of school about a week; that at the close of the school on the day he returned, the teacher reminded him of the punishment threat- ened, and proceeded to administer it, striking him over the shoul- ders and back with a whip furnished by one of the pupils; that the boy resisted, striking back, snatching away the whip, and using bad SCHOOL LAW DECISION- 3 . 23 Sarah E. Smith v. The District Township of Albion. language; that the teacher obtained another whip a willow switch and administered several strokes with it, some of which were across his head and face, in consequence of which one of the boy's eyes was apparently injured. An older brother of the boy then in- terfered, and the " affray ended." It does not appear that the teacher punished hastily or in anger, or that it would have been too severe, or improperly administered, had the boy not resisted. It is doubtful whether the resistence justified the teacher in striking the boy across the head and thereby causing an injury fortunately temporary to one of his eyes. The county superintendent regarded this as accidental, and as no perma- nent injury was sustained, justified the teacher. Much has been written during the last twenty-five years in re- gard to the proper means to be used for maintaining the authority of the teacher over the pupils. We can remember when the whip was applied very frequently and very severely when the pupil obeyed from fear of punishment, and not from any sense of duty or of respect for authority. Since that time there has been a great change appeals to reason, to a sense of duty and to right have been successfully used by the most competent teachers. In many schools the rod is excluded, and yet ready and cheerful obedience is secured from the pupils. We wish such a result could be reached in all the schools; that the teacher could inspire the pupils with such a love for order for good government and for rightful author- ity ; with such a love for right-doing and such a hate for wrong-do- ing, that it would only be necessary to point out the path of duty instead of the command to walk ia it. While family government and the public sentiment of some communities may render such a course possible, the want of family government and the loose reins given to " Young America" in many communities require strong and physical force to hold in subjection unsubdued nature. All admit that the teacher must maintain authority, and for that purpose he is sustained by the highest authorities in inflicting moderate punishment. In Kent's Commentaries, 9th edition, volume 2, page 222, is the following: "A school- master who stands in loco par entis, may in proper cases inflict moderate and reasonable chastisement." In Wharton's American Criminal Law, 5th edition, Yol. 1, page 669, is the following: " The law confides to school-masters and teachers a discretionary power in the infliction of punisment upon their pupils, and w.ll not hold them responsible criminally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their own evil passions." State v. PendergrasS) 2 Dev. and Bat. 407. 24 SCHOOL LAW DECISIONS. Sarah E. Smith v. The District Townshp of Albion. a On the trial of an indictment of a school-master for an assault on a pupil, the judge refused to instruct the jury that the defendant was criminally liable for punishing a pupil only when he acted malo animo, from vindictive feeling, passion or ill-will, or inflicted more punishment than was necessary to secure obedience, and not for error of opinion or judgment, provided he was governed by an honest purpose to promote discipline and the highest welfare of the school, and the best interests of the child; and instructed them that in inflicting corporal punishment a teacher must exercise reasonable judgment and discretion, and be governed as to the mode and severity of the punishment by the nature of the offense, the age, size, and apparent powers of endurance of the pupil."- -Com- momwealth v. Itandall, 4 Gray, (Mass.) 36. " If there is any reasonable doubt that the punishment was excessive, the master should have the benefit of it." Lander v. Seaver, 32 Yt., (3 Shaw) 114. We add the following as having some bearing on this case: " Though a school-master has in general no right to punish a pupil for misconduct committed after the dismissal of a school for the day, and the return of the pupil to his home, yet he may, on the pupil's return to school, punish him for any misbehavior, though committed out of school, which has a direct and immediate tendency to injure the school and to subvert the master's authority." Lander v. Seaver, supra. Many other authorities might be cited establishing the authority of the teacher to inflict punishment necessary for securing obedience to reasonable rules. As it is not shown in this case that the rules were unreasonable or the punishment severe, (the teacher must have the benefit of the doubt in regard to the manner of punishing,) the decision of the county superintendent is AFFIRMED. OKAN FAYILLE, Superintendent of Public Instruction. April 22d, 1865. SCHOOL LAW DECISIONS. 25 Nathaniel Taylor v. The District Township of Makee. NATHANIEL TAYLOR v. THE DISTRICT TOWNSHIP OF MAKEE, Appel- lant, Appeal from Allamakee County. JURISDICTION. The affidavit must show iliat the affiant is a citizen injuriously affected by the action of the board, giving sufficient data to establish his claim to a hearing. At the regular meeting of the board of directors of said district township in September, 1864, portions of sub-district number Four were set off to sub -districts numbers Five and Seven. From this action of the board an appeal was taken to the county superin- tendent, who reversed the order of the board for two reasons, viz : " A majority of the board had not voted for such change, nor did justice and equity demand it." Notwithstanding this decis- ion, a special meeting of the board was called to consider the same question, at which meeting a majority of the board voted to make the same changes as had been attempted at the regular meeting. An appeal was again taken, and the county superin- tendent again reversed the order of the board, and from his decision an appeal is brought to the superintendent of public instruction. L. 0. Hatch, for appellant. Charles Paulk, for appellee. Counsel for appellant presents a well considered, logical argu- ment, attempting to show that the county superintendent had no jurisdiction, assigning as reasons that the affidavit was not sufficient to initiate the appeal, and that the superintendent erred in entertain- ing the motion to amend. The law relating to appeals is embraced in a few brief sentences, and much must be left tothe discretion and good sense of those administering it, provided always that ''justice and equity are impar- tially meted out." '^ The law does not state just how much the affidavit must contain. It need not recite all the facts relating to the case (see decision in appeal from Lee county, published in the School Journal, Septem- ber, 1864:). It must show that the affiant is a citizen injuriously affected by the action of the board, giving sufficient data to establish his claim to a hearing. si 26 SCHOOL IAW DECISIONS. Nathaniel Taylor v. The District Township of Makee. The affidavit in question shows that the order of the board takes territory from a comparatively small sub-district that has no school- house, and adds to it a lar^e sub-district having a school-house. That the affiant in common with other residents of the said sub- district thus diminished, is aggrieved. That one item in the griev- ance is shown in the resolution of the board attempting to regulate the prospective taxes on the said territory, thus clearly indicating that each sub-district was accustomed to raise its own school-house fund. The motion to dismiss the case was therefore very properly overruled. The position of appellant's counsel that the affiant must show a special personal grievance to entitle him to a hearing, is not, in our opinion, well taken. Any other resident of the said sub-dis f rict was equally entitled to a hearing, and was, in one sense, equally aggrieved. Affiant appeals for himself, and it may be assumed in behalf of his sub- district The grievance was general as well as personal; affiant's injury may be small, but the aggregate injustice to the sub-district may be great. To assume that the plaintiff has no cause of action or can not " get into court," unless his petition or affidavit shows that the action of the board especially injures him, would effect- ually exclude all hope of redress in cases similar to the one under review. Believing that the affidavit shows sufficient cause for a hearing we need not notice the argument tending to show that the super- intendent erred in entertaing the motion to amend. It may be assumed that the law enjoining certain duties on any officer, clothes that officer, in the absence of express limitations, with authority to use the requisite means for the performance of those duties. In the administration of the school laws the statutes must be liberally construed; and nice technicalities must not debar the claims of equity. We have no hesitation therefore in agreeing with the county superintendent. AFFIRMED. OEAN FAVILLE, Superintendent of Public Instruction. June 1, 1865. SCHOOL LAW DECISIONS. D. E. Stine v. The District Township of Wahkonsa. D. E. STINE v. THE DISTRICT TOWNSHIP OF WAHKONSA, Appellant. Appeal from Webster County. RECORDS : Defective. May be amended. The board of supervisors of said county at their regular meeting in January, 1865, set off certain territory from the township of Washington to the township of "Wahkonsa. On the 28th day of the same month the board of directors of the district township of Wahkonsa made an order conforming the boundary of said district township to that of the civil township, and attaching the annexed territory to sub-district number One, of the said district township. From this order an appeal was taken to the county superintendent, who reversed the action of the board, and from his decision the board appeals. G. W. Bassett for appellant. No appearance for appellee. The only point in issue in this case is whether the board com- plied with the law in changing the boundaries of the district. The record of the board is defective in not more particularly describing the territory in question and in not having a plat show- ing the change of boundaries. The record however shows that provision was made for furnishing such a plat, and that the board had attempted in good faith to regulate the boundaries of the dis- trict in accordance with a petition of the people to the board of supervisors. The law does not limit the time within which the plat shall be made and recorded, and as alterations in district boundaries do not take effect until the first Monday in March, the board should have until that time to complete their records. The county superintendent decides that the board acted in good faith and for the best interests of the public; and we think he should have allowed the board to correct and perfect the district records. REVERSED. ORAN FAVILLE, Superintendent of Public Instruction. June 12, 1865. 28 SCHOOL IAW DECISIONS. Jacob Markle v. The District Township of Maquoketa. JACOB MARKLE, Appellant, v. THE DISTRICT TOWNSHIP OF MAQUO- KETA. Appeal from Jackson County. SCHOOL-HOUSE TAX. When the electors of a sub-district have determined and certified a sum of money to the district township meeting for the purpose of erecting a school-house, the maximum rate should be levied from year to year until the whole amount is raised. On the first Monday in March, 1864, the electors of sub-district number Five, in said district township, adopted the following reso- lution : "Resolved, That the district township be recpested to levy a tax on the taxable property of the district township sufficient to raise the sum of eight hundred dollars for erecting a scho ./1-house in this sub-district number Five." The district township electors at their annual meeting refused to vote any sum for building a school-house in said sub-district ; but the board of directors at their regular meeting in April following, voted a tax of ten mills on the dollar on the taxable property of sub-district number Five. Also at the regular meeting of the board of directors of said dis- trict township in April, 1865, it was decided to levy another tax of ten mills on the dollar on sub-district number Five, though no vote for that purpose had been reported from the annual meeting of the sub-district. From this decision of the board an appeal was taken to the county superintendent, who sustained the action of the board, and from his decision the plaintiff appeals. The only question to be determined is whether the board had authority to levy this second tax without a vote of the electors requesting it. The law conferring authority to vote a tax fixes the maximum levy for any one year, but does not limit the gross amount that may be raised for school-house fund. It is optional with the elctors to determine by vote the gross amount needed, or to vote each year a certain per cent of tax for school-house fund. When the electors request a tax of a certrin number of mills on the dollar, it is the duty of the board to simply execute their request ; but where a gross amount is voted without designating the per centum, it is the duty of the board to levy a tax at the maximum rates from year to year, until the whole amount is raised. SCHOOL LAW DECISIONS. 9pie of each portion of the sub-district should be considered. ' January 15, 1867, the board of directors of the district township of Spring Creek, at a special meeting, fixed the site for a school- s7 50 SCHOOL LAW DECISIONS. George W. Kelsall v. The District Township of Brandon. house in sub-district number Three, locating it in the most south- eastern of the nine sections comprising the sub-district. -From tbis action, J. F. Stontenbaugh, residing in the northern part of the sub-district, appealed to the county superintendent, who, upon the final hearing, removed the site some distance north, but to a position still south and east of the geographical center. From this decision of the county superintendent, J. G. Hill, residing in the south-eastern part of the sub-district, appeals to the superintendent of public instruction. The testimony adduced in the examination before the county superintendent, shows that the site selected by him, as compared with the one fixed by the board, is nearer the greographical center of the sub-district, is nearer the present and prospective center of population in the sub-district, and is also nearer the center of the children of school age. Believing from all the facts in evidence that in determining this case the county superintendent exercised a sound discretion, and acted with a due regard to the interests of the whole sub-district, making a personal examination of the location in question, and ful- filling the law in letter and spirit, his decision is hereby AFFIRMED. D. FKANKLIX WELLS, Superintendent of Public Instruction. July 2, 1867. GEORGE "W. KELSALL, Appellant, v. THE DISTRICT TUWNSHLP OF BRANDON. Appeal from Jackson County. \. SCHOOL-HOUSE TAX. Certification of to district township meeting^. The pre- sentation of the, sub-district records, in which is embodied the certificate of the sum determined ; and the notification of the secretary and president thereof, is one which meets every legal requirement. 2. FUND. Teachers'. Electors at the district township meeting cannot legally vote to make each sub-district independent in refererce to teachers' fund. At the annual meeting of the electors of sub-district number Seven, Bandon township, in said county, held March 2d, 1867, a vote was passed calling on Brandon township for $1,000 to build a SCHOOL LAW DECISIONS. 51 George W. Kelsall v. The District Township of Brandon. school-house in sub-district number Seven. This vote was em- bodied in a certificate as required by law, and recorded in the minutes of the meeting in the sub-district book. Said book with certificate indorsed therein, was carried to the annual district township meeting, held March 9th, 1867, and placed on the table before the secretary, and the attention of the president arid secre- tary was called to the fact that it was the record book of sub-district number Seven, and that it contained the certificate of the sub- district vote calling for $1,000 to build a new house. During the progress of the meeting, the president was requested to bring the subject to the attention of the electors, which he expressed a willingness to do at the proper time. After sub-division four of section 7, chapter 1, of the school law, had beeen acted upon, a motion to make each sub-district independent in reference to school- house fund and teachers' fund, was adopted ; when a motion was made and seconded to adjourn, and the meeting broke up. When the motion to adjourn was made, it was objected to by the president on the ground that the fifth sub-division of section 7, and the resolution passed by sub-district number Seven, had not yet been acted upon ; but the motion to adjourn was insisted upon, and no further action was taken. Afterwards, March 18th, 1867, at the regular meeting of the board of directors of Brandon township, the said certificate of the vote in sub-district number Seven, was presented, and by unanimous vote laid upon the table. From this action of the board, the plaintiff appealed, and in his affidavit to the county superintendent inaugurating these proceed- ings, alleged errors on the part of the board, as follows: 1. " Said board erred in laying said application on the table. 2. " Said board erred in neglecting to provide means for build- ing a new school-house in said sub-district. 3. " Said board erred in that they did not, on filing said applica- tion, vote a tax on the district township of Brandon, in the sum of one thousand dollars, for the purpose of building a new school- house in said sub-district number Seven." That the points at issue may be more clearly defined, we quote the material part of the county superintendent's decision: u The board of directors had no jurisdiction to vote an appropriation for a school-house, either on the township at large or on sub-district number Seven, unless the certificate of the sub-district was pre- sented to the district to\vnship meeting held March 9th, and that meeting neglected or refused to vote such, or some appropriation. From all the testimony in the case, I am of the opinion that the certificate was not so pn sented ; that the failure to act on it by the 52 SCHOOL LAW DECISIONS. George W. Kelsall v. The District Township of Brandon. meeting constituted either negligence or refusal. It is considered therefore that the board of directors did not err in laying the application of sub-district number Seven on the table, and their action is affirmed." As the whole question is thus made to depend upon the suffici- ency of the certification of the action of the sub-district meeting to the district township meeting, it becomes pertinent to inquire how the certification may be made. The law sa}S merely, section 11: "And the sub-director shall certify the same to the next regular meeting of the electors of the district township held thereafter." JSTo particular method of doing this is defined. If during the progress of the meeting the sub- director were to make a public announcement of the action of the sub-district electors, and present his certificate, this would be sufficient. So also, if the sub-director were to include the cer- tificate in a written communication to the president of the district township meeting, this would fulfil the requirements of the law; or, if such commun cation were presented to the secretary, it would be in accordance with the intent of number seven of blank forms. The presentation of the sub-district records to the secretary of the township meeting, and the notification to the president and the secretary that was made, as shown by the evidence, we deem to be a just and proper certification, ar*d one that meets every legal requirement. That the president failed to make a formal presenta- tion of the certificate to the electors, was not the fault of the sub- district, and was probably owing to the fact that the meeting ad- journed in opposition to the advice of the president, before that order of business was reached. We are therefore compelled to overrule the decision of the county superintendent, and to sustain the first at d second specifications in the plaintiff's assignment of error. The third specification will be disposed of briefly. Sections, twelve and Iwenty-e ght declare that the school-house tax "shall be appor- tioned among the several sub-districts, as justice and equity may re- quire." As it has not been the uniform practice in Brandon township for each sub-district to build its own school-house, [for this fact is stated by the county superintendent, ar.d implied in the testimony], it is not competent, now, for the electors, nor for the board, to require any sub-district to build its own house. It is also contemplated by sec- tion twenty-nine, that the "teachers' fund" and the "contingent fund" shall be assessed uniformly upon the whole township, except as otherwise provided in the latter part of said section. The action of the township electors, therefore, in voting that the sub-districts should be independent in reference to " school-house fund " and " teachers' fund," was without warrant of law and void. SCHOOL LAW DECISIONS. 53 David Ockerman v. The District Township of Hamilton. The board of directors further erred in that it did not apportion a school-house tax of one thousand dollars among the several sub- districts of Brandon township as justice and equity require, taking as the basis of said apportionment the respective amounts previously levied upon said sub-districts for school-house purposes, for the pur- pose of building a school-house in iaid sub-district number Seven. REVERSED. D. FRANKLIN WELLS, Superintendent of Public Instruction. July 15, 1867. DAVID OOKEKMAN v. THE DISTRICT TOWNSHIP OF HAMILTON. Appeal from Decatur County. CONTESTED ELECTION. SUB-DIRECTOR : The right to hold and exereise the office of sub-director, in case of contest, must ba determined by the district court, under an information in the nature of quo warranto. The above entitled case is interesting on account of its involving issues not heretofore determined in the administration of the school law. It appears from the record that the annual meeting of the electors of sub-district number Two, Hamilton township, Decatur county, held March 2, 1867, the two candidates for sub-district honors David Ockerman and Alonzo Work received an equal number of votes. One person voted who, it is alleged, had been a resident of the state less than six full months, but the evidence does not show for which candidate his vote was cast. The polls closed at about three o'clock p. M., and immediately thereafter a Mr. Whitaker appeared and offered his vote for Mr. Ockerman, but the polls were closed and the vote was rejected. The evidence does not show that Mr. Whitaker was an elector of said sub-district, though the presump- tion is that he was such an elector. The plaintiff, Ockerman, knowing that the polls had been closed before the hour provided by law, and that Mr. Whitaker' s vote for him had been rejected, and believing that an illegal vote had been cast against himj qualified as sub-director within ten days, and at the regular meeting of the board, in March, claimed a seat as a member of the board from sub-district number Two. The claim of said Ockerman was referred to the chairman of the meeting, who 54 SCHOOL LAW DECISIONS. David Ockerraan v. The District Township of Hamilton* decided that the board had no jurisdiction in the case; and in this decision he was sustained by the board. "W". S. Warnock, the sub- director for the previous year, was recognized as holding over, and was elected president of the board. From this decision of the board the plaintiff appealed to the county superintendent, who reversed the decision of the board, and directed that the said Ockerman be admitted as a member of the board, and that the said board proceed immediately to appoint a new president from their number. The county superintendent does not elaborate his opinion, hence we are left to conjecture what were the reasons which influenced his decision. From said decision W. S. Warnock appeals, and thus the case comes before the superintendent of public instruction for revision. The hearing before the county superintendent was ex'parte. The notice of the hearing was mailed to the parties at Pleasant Plains, while it appears that the address of the said Warnock is Nine Eagles. The appellant alleges in said affidavit that he failed to receive notice of the time of hearing. The appellant makes several exceptions to the ruling and decision of the county superintendent, the most of which are well taken. If our views of the remedy to be sought in this case corresponded with those evidently entertained by all connected with it, we should be disposed to specify the errors and remand the case for rehearing before the county superintendent. But, in our opinion the proper remedy has not been employed. Alleged illegal votes were cast. The right to vote and the right to hold office are among the most highly cherished franchises of the privileged class of American citizens. They are rights that will be relinquished only upon the finding of a competent tribunal. The federal constitution gives Congress authority to determine in regard to the election return, and qualification of its own members. So our state constitution confers a similar power upon the two branches of our general assembly. But the law nowhere gives the board of directors of a school district such authority. The power does not exist. " Corporations have only such powers as are specifically granted by the act of incorporation, or as are necessary for the pur- pose to carry into effect the powers expressly granted, and have no others" [2 Kent. Com. 399] ; u and the powers are strictly con- strued " [Clark v. The City of Des Moines, 19 Iowa, 212]. At the regular meeting of the board of directors, March 18th, no one presented a certificate or other evidence of election as director from sub-district number Two ; and as it appeared that there was no election, the board properly recognized the former incum. ent as holding over. The right of the appellant to occupy the office of SCHOOL LAW DECISIONS 55 David Ockerman v. The District Township of Hamilton. sub-director was disputed and claimed by said Ockerman. Appel- lant's right to a seat in the board is based on the assumption of no election. To determine the question of election, would require the administering of oaths, the examination of witnesses, the deter- mining of the right of parties to vote, a judicial proceeding which the board of school directors is unauthorized to make. Over the right of a party to exercise the functions of the office of sub-director in any school district the county superintendant has neither original nor appellate jurisdiction. It is pertinent then to inquire what is the proper method to pursue in the case of a contested school election, or in case two or more parties claim the same office. u The law solicitous to furnish a remedy for the invasion ot legal right has provided that of quo war- ranto, or an information in the nature of a quo warranto, to deter- mine the title of an officer to his office and to determine the right of any person or incorporation to exercise a public franchise." It is perfectly well settled that questions of this character can not be tried and determined in any collateral or indirect proceeding. Cochran v. McCleary, Iowa supreme court, June term, 1867. Our statutes provide that an information may be filed against any person unlawfully holding or exercising any public office or franchise within this srate, or any office, in any corporation created by the laws of this state. Section 3732, Revision 1860. Also that when several persons claim to be entitled to the same office or franchise, an infor- mation may be filed against all or any portion thereof in order to try their repective rights thereto. Section 3743. From an extensive examination of cases, we are satisfied that an informatisn in the nature of quo warranto is the only proper method of testing the right of a person to hold an office or to exercise any public fran- chise. Question may arise in the mind of some whether information in the nature of quo warranto may not be filed with the county super- intendent, and the case determined by him. Omitting other reasons, the question is sufficiently answered by the statute, which requirt-s that u such statement shall be filed in the clerk's office and notice issued arid served in the same manner as hereinbefore provided for the commencement of actions in the dis- trict court." Section 3737. Held, that the county superintendent erred in assuming jurisdic- tion of th-'s case which should have been brought in the district court, and his decision is therefore REVERSED. D. FRANKLIN WELLS, Superintendent of Public Instruction. July 24, 1867. 56 SCHOOL LAW DECISIONS. Maria L. Dougherty v. L. D. Tracy, County Superintendent. MARIA L. DOUGHERTY v. L. D. TRACY, County Superintendent. Appeal from Grundy County. REVOCATION OF TEACHER'S CERTIFICATE : Manner of conducting appeal from action of county superintendent. The order of a county superintendent revoking a certificate will not be inter- fered with on appeal to the superintendent of public instruction, unless it appears, that he acted from passion or prejudice. April 1st, 1867, L. D. Tracy, superintendent of common schools for the county of Grundy, revoked the certificate of Maria L. Dougherty, a teacher in said county, on the alleged ground of incom- petency to properly govern and control a school. A notice of tho revocation, made out in due form, was served upon the secretaries of the several district townships; but no notice of the revocation was served by the superintendent on the plaintiff. The plaintiff appealed to the superintendent of public instruction, who by circular of May 15th, 1867, directed that the case should be heard by the county superintendent. Such hearing took place June 7th, 1867. During the examination twenty-three persons, patrons and pupils, testified to the good order of the school, and the general good character and reputation of the plaintiff as a teacher. Four- teen persons make affidavit that they believe plaintiff 's certificate was revoked from personal prejudice. One witness, called by the defense, testified that the school was not as well governed as it might have been ; that he several times heard cursing and swearing on the school grounds at noon and recess Three persons testified that they did not believe the superintendent revoked plaintiff's certificate from prejudice or passion. Nineteen persons certified that they believe Mr. Tracy to be a competent and impartial officer, and free from any malicious administration. The county superintendent, disregarding the weight of evidence in regard to the plaintiff's qualifications, affirmed his previous de- cision revoking plaintiff's certificate, and certified that the act was done without prejudice or passion toward the plaintiff, and that he was impelled to that course by conviction, which was the result of personal observation and knowledge, that plaintiff was incompetent to govern a school properly. From that decision the plaintiff appeals. If this case could be determined by the weight of evidence in rtgard to the plaintiff's ability to govern a school properly, the SCHOOL LAW DECISIONS. 57 Maria L. Dougherty v. L. D. Tracy, County Superintendent. decision would be in plaintiff's favor. But there are other ele- ments for consideration. The county superintendent is clothed with large discretionary powers. So great has this discretion been regarded, that it has been held by previous incumbents of the office of superintendent of public instruction, that the refusal to grant a teacher's certificate or the revocation of such certificate by a county superintendent was an act so wholly discretionary that it was not subject to revision. The circular of May 15th, 1867, from this department, maintaining the right of appeal in such cases, was not intended to curtail the discretionary power of county superintendents, but to point out a way in which its abuse might be corrected. In the absence of special statutory provisions in regard to the manner of hearing appeals, it is presumed that general principles are applicable. It may not be amiss at this time to enunciate some general principles which will be observed in the adjudication of this and similar cases. I. The discretion of a county superintendent of refusing or revoking a teacher's certificate will not be interfered with by the superintendent of public instruction unless it is clearly shown that the county superintendent in such act violated the law in letter or spirit, or was influenced by passion or prejudice. This position is believed to be correct in the light of both principle and public policy. The general rule is, " the supreme court will not interfere with the decisions of the district court in cases where the latter has a discretionary power, unless it is fully apparent that such power has been abused." Hammond's Iowa Digest, p. 65. Numerous cases might be cited in support of this rule, but such citations are deemed unnecessary. The county superintendent is presumed to be selected from among his fellow-citizens on account of his ability to exercise a sound discretion in the discharge of the important duties of his office. He is bound by a solemn oath to discharge his trusts with fidelity. He is on the ground and has a personal knowledge of circumstances. He can judge of the educational requirements, of his county, better than another person scores of miles distant. In his examination of teachers and in his visits to their schools, he can judge of the teacher's comparative and actual merit and ability, better than those who have less extended opportunities for observation. He is responsible to his constituents for the manner in w T hich his duties are performed. His official acts may be reviewed and modified or annulled by the superintendent of public instruction. Frequent interference with the discretion of county superintendents would tend to bring 58 SCHOOL IAW DECISIONS. Maria L. Dougherty v. L. D. Tracy, County Superintendent. their authority into contempt, and to unsettle the foundations of our school system. While, then, the right to review an abuse of discre- tion is reserved, and the right to reverse an illegal decision, main- tained, the discretion of county superintendents will not be inter- fered with, unless such interference is necessary to secure justice or vindicate law II. The proof of the violation of law, or of the influence of pas- sion or prejudice in the performance of official duty must be clear and convincing. Mere opinion, unsupported by facts, is insufficient to establish the allegation of passion or prejudice. " As a general rule, witnesses, unless experts, should state facts not opinions" Whit- mor <& Bowman, 4 Greene, Iowa, 148. " Except when given by experts, evidence of mere opinion is not competent, unless upon some controlling ground of necessity, resulting from the nature of the inquiry." jDalzell v. The City of Davenport, 12 Iowa, 437; Danforth, Dennis & Co. v. Carter & May, 4 Iowa, 230. In the light of these principles which are believed to be correct and proper, conclusions may be readily formed. It is held that it is not necessary for the county superintendent to notify the plaintiff of his intention to revoke her certificate before taking such action ; neither does the law require him to serve a copy of the revocation upon the plaintiff, subsequently. Courtesy and pro- priety, however, would dictate that the teacher should receive immediate notice of the revocation from the county superintendent. The rulings of the county superintendent on the admission of evidence have no material effect on the final decision of the case, hence the exceptions of the plaintiff thereto are passed over. The revocation of a teacher's certificate is adjudged to be an act of discretion on the part of the county superintendent, which will not be interfered with, without satisfactory proof of illegality or of prej- udice. In this case, while the weight of testimony is favorable to plaintiff's qualifications, and opinion is conflicting in regard to preju- dice, there is not a single fact adduced in the testimony upon which the theory of prejudice can be based. On the other hand, the county superintendent headed a subscription to pay plaintiff's board, and was the first to pay said subscription ; during the term he told the sub-director that the plaintiff must be sustained in her govern- ment of the school at all hazards; and these facts indicate the absence of prejudice. The mere opinion of witnesses, unsupported by facts, can not be received as satisfactory evidence of prejudice. Some embarrassment is experienced in this case from the circum- stance that the plaintiff belongs to that gentler sex to which we are all educated to do homage, and the idea is largely prevalent that they are not amenable to law in an equal degree with the opposite sex; but having a high regard for the rights of women, we dare not SCHOOL LAW DECISIONS. 59 Levi Towns, v. The Independent District of Buckeye. pervert law even to shield them from its operation. We are there- fore compelled to affirm the decision of the county superintendent. AFFIRMED. D. FRANKLIN WELLS, Superintendent of Public Instruction. October 1, 1867, LEVI TOWNS, Appellant, v. THE INDEPENDENT DISTRICT OF BUCKEYE. Appeal from Mafiaska County. SCHOOL-HOUSE SITE : Location of by board. The b ^ard honM be sustained in the location of a school-house site, when upon examination the site is found to be established in accordance with law and equity. June 8th, 1867, the board of directors of the independent school district of Buckeye, Mahaska county, determined the location of a school-house for said district. From this action of the board, Levi Towns appealed to the county superintendent, who after a full hear- ing of the case and a personal " examination of the entire territory," decided the " the site for the school-house in the said independent district of Buckeye was established in accordance with law and equity." Lacy <& Sheperd, for appellant. No appearance for appellee. The law in reference to the location of school-houses is so plain, and the opinion of the state superintendent has been so frequently given in published decisions, that it seems unnecessary to repeat. While it is shown that the timber land in the north part of the district is susceptible of cultivation, it appears probable from the evidence that it will not be improved and settled, at least for many years to come. Leaving the timber land out of consideration, the proposed site is not so far from the geographical center nor the center of population as to do serious injustice to any on that account. Even the appellant admits in his testimony that he is not aggrieved by the distance. The distance between the proposed site and the one desired by the appellant is small only forty rods. 60 SCHOOL LAW DECISIONS. William O. Price v. The District Township of State Center. Taxation and cost of school -house, in the form in which they are presented in this case, are subjects over which the superintendent has no control. After a careful review of all the evidence submitted, and the able argument of counsel, there is not found sufficient reason for reversing the decision heretofore made ; and the action of the board in establishing a site for a school-house in said district, and the decision of the county superintendent relating thereto, is hereby AFFIRMED. I). FRANKLIN WELLS, Superintendent of Public Instruction. October 17. 1867. WILLIAM O. PRICE v. THE DISTRICT TOWNSHIP OF STATE CENTER. Appeal from Marshall County. SCHOOL-HOUSE SITE. While the probabilities of the future should not be ignored, the neccssi ies of the present must be observed in locating school-house sites. Sub-district number Two of the district township of State Center, Marshall county, previous to 1866, was a sub-district in another district township, and as such had a school-house site located at the geographical center of the sub-district. April 9th, 1867, the board of directors of the district township of Stare Center re-located said site, putting it one mile west of the geographical center, on the alleged ground of inability to procure the necessary amount of land at the original location; also that the new site would accommodate a greater number, and answer for all ; and lastly that the sub-district might eventually be divided, when the new site would be convenient tor one of the sub-districts which might possibly be formed. The new location was one-half mile from the western boundary of the sub-district, which is three miles wide and three and one-half miles long. From this action of the board, William O. Price appealed to the county superintendent, by whom a new site was conditionally located one-half mile west of the original site, or midway between the two former sites ; and in case the requisite amount of land could not be obtained, the original location was to be re-estab- lished. From this decision by the county superintendent the said SCHOOL LAW DECISIONS. William O. Price v. The District Township of State Center. district township takes appeal to the superintendent of public in- struction. Bradley & Caswell for appellant. Henderson d; Binford for appellee. The causes for the re-location do not seem to be well founded, as the evidence shows that a party offered to donate three-fourths of an acre at the geographical center for a site, and subsequantly made a deed to the district therefor. While ample school grounds are desirable, and even necessary for the best interests of the school, three-fourths of an acre would ordinarily be considered sufficient for the necessities of a school in a rural district. Further, the donation of three-fourths of an acre would not debar the board from increasing the amount by purchase. As to accommodation, it does not clearly appear that the site selected by the board is nearer the center of school-going or of the adult population, than the original site. Indeed, the geograph- ical center and the present and prospective center of population correspond so nearly, that it seems strange that the thought of any other location than one at or near the geographical center was ever entertained. The law contemplates that all the children of a district shall have, as nearly as practicable, equal school facilities. The future division of a sub-district, when not already determined upon, is subject to so many contingencies that its consideration should have but little influence in determining the location of a school- house. While the probabilities of the future should not be ignored, the necessities of the present must be observed. As the various errors alleged by appellant to exist in the decision of the county superintendent have been substantially answered in the preceeding paragraphs, a more particular and formal considera- tion of them is, for brevity's sake, omitted. " Taking into consideration the geographical position and conven- ience of the people of each portion of the sub-district," as the law requires, conclusions are arrived at a similar to those expressed by the county superintendent in his decision, which is hereby AFFIRMED. D. FKAJSTKLIiN" WELLS, Superintendent of Public Instruction. October 19, 1867. 52 SCHOOL LAW DECIfelONS. H. G. Grattan v. The District Township of Ludlow. H. G. GKATTAN et al., v. THE DISTRICT TOWNSHIP OF LUDLOW. Appeal from Allamakee County. 1. SuB-DiSTRic r s : Change of boundaries. The boundaries of sub-districts shall be changed, or new districts formed, only between the regular meeting of the board in JSeptember, and the sub-district election held in the March, follow- ing. 2. JURISDICTION. The county superintendent can do upon appeal only what the board, originally had power to do. On the 4th diy of May, 1867, H. D. Grattan and others, pre- sented to the board of directors of Ludlow township, Allamakee county, a petition praying said board to form a new sub district from parts of sub-districts numbered One, Two, Five, and Six, respectively. The board disclaimed jurisdiction in the matter, and the prayer of petitioners was denied. The said Grattan appealed to the county superintendent, who decided, June 24rth, that the new sub-district should be established, and its boundaries fixed by the board at their regular meeting in September, that a school-house should be built by the reside tits of the said sub-district, without expense to other por ions of the township district.' From this decis- ion the district township of Ludlow through its president, J. C. Smith, appeals to the superintendent of public instruction. /Samuel If. Kinne, for appellant. No appearance for appellees. In defining the powers and duties of the board of directors, the school law provides, section 25, chapter 1, that " They shall at their regular meeting in September, or at any special meeting called thereafter, for that purpose, divide their townships into sub- districts. * * * Provided, * * * That the formation and alteration of sub-districts as contemplated in this section, shall not take effect until the next sub-district election thereafter." From the reading of this section, there can be no reasonable doubt that the true meaning and intent of the law is, that the boundaries of sub- districts shall be changed and new sub-districts formed, only between the regular meeting of the board in September, aud the first Satur- day in March. This view is sustained also, by my predecessors in SCHOOL LAW DECISIONS. 63 Benjamin Smith v. The District Township of Coffin's Grove. office, as shown by note to section 29, page 45, school laws, edition of 1866. (Section 24, laws of 1872.) It follows, then, that the board had no power to grant the petition and form a new sub-district on the said 4th of May, the day of presentation, The county superintendent can do on appeal what the board might legally have done, but can do nothing more; and as the board was restricted from the formation of a new sub-district on the said 4th of May, it was incompetent for the county superintend- ent to do it in his decision of June 24th. In requiring the new sub-district to build a school-house with- out assistance from other portions of the district township, the decision of the county superintendent violates the letter and spirit of the law, which requires that the echool-house tax shall be levied " in such manner as justice and equity may require, taking as the basis of said apportionment the amounts previously levied upon said sub-districts." The county superintendent erred in not sustaining the action of the board of directors of Ludlow district township in refusing to form a new sub-district on the 4th of May, and his decision is therefore REVERSED. I). FRANKLIN WELLS, Superintendent of Public Instruction. December 14, 1867. BENJAMIN SMITH, v. THE DISTRICT TOWNSHIP OF COFFIN'S GROVE, DAVID AYERS, et al, Appellants. Appeal from Delaware County. PROCEEDINGS. la the absence of proof to the contrary, the legal presumption is that the proceed ings of the county superintendent were entirely regular. On the petition of the electors of sub-district number One, Cof- fin's Grove district township, the board of directors thereof located the site of a proposed new school-house "just east of the burying ground, on the right-hand side of the road, adjoining the corner of Mr. Brooks' field." From this action plaintiff appealed to the cuimty superintendent on the 25th of March, by whom the case was SCHOOL IAW DECISIONS. Benjamin Smith v. The District Township of Coffin's Grove. heard April 19, 1867. On the 13th of June, the county superin- tendent issued an order re-locating the site three-fourths of a mile further south, and at or near the center of the sub-district. From this order an appeal is taken, and thus the case comes up for re- view. Blair & Bronson, for appellants. E"o appearance for appellee. The appellants claim a reversal of the county superintendent's decision on the ground, 1. That the county superintendent had no jurisdiction in the matter. 2. That the county superintendent erred in not taking the deposi- tions of witnesses in writing and having the same signed and sworn to by the witnesses. 3. That the county superintendent erred in not making up his record at the time of trial. 4. On the merits of the case. The denial of the county superintendent's jurisdiction is based on the fact that the original affidavit does not state that the appeal was taken within thirty days of the action of the board complained of and reference is made to page fifty-seven of " explanatory notes " in which it is stated that this fact should appear, though there is no such specific requirement in " An act to provide for appeals." The question naturally arises as to the legal force of these " explanatory notes-" Have they the effect of statutory provisions, or otherwise? While the right of every tribunal to establish rules and regulations, not inconsistent with law, must be admitted, these "explanatory notes " made by the superintendent of public instruction are not legal enactments, nor " rules and regulations," and so far from be- ing mandatory in their character, are merely advisory and directory, and intended for the assistance and guidance of school-officers. They are a commentary on the school law; and as they are replete with good common-sense suggestions, their observance will render the administration of the school law more accurate and satisfactory; but a non-compliance with them is not necessarily a violation ot law. It must be admitted that an affidavit which does not state the date of the decision or act complained of is very carelessly drawn, and a superintendent might be justified in refusing to entertain it; but if it be entertained, it is still competent for the opposite party to show that the thirty days allowed by law had expired previous to the filing of the affidavit, and thus secure the dismissal of the SCHOOL LAW DZCESIONS. Benjamin Smith v. The District Township of Coffin's Grove. case. The law gives the superintendent jurisdiction within thirty days, and the state superintendent could not by any rule or regula- tion annul the statutory provision. It is not even claimed by appellants that the time for taking appeal had expired, and the date of petitions submitted to the board indicate that it had not expired. In the absence of proof to the contrary, the legal pre- sumption is, that the proceedings before the county superintendent were entirely regular; and therefore the jurisdiction of the superin- tendent must be sustained. The second and third errors assigned by appellants are also based on " explanatory notes " instead of upon the law, and cannot he sustained for reasons previously given. While there were things in the management of this case from which we must withhold our commendation, as there seems to have been a substantial compli- ance with the law, we do not ft el justified in dismissing it without an examination of its merits. The courty superintendent gave due notice of the hearing in writing to all the electors of the sub-district. On the day of hearing several persons appeared, but no *' evidence on either side was offered " except the original affidavit of Benjamin Smith. The record of the county superintendent goes on to say: " But to satisfy myself in regard to the number of inhabitants that would be accommodated best by the site remaining where it is at present located by said board," Nelson Bly, James McBride and Henry Baker were sworn. " Nelson Bly stated that about thirty families lived in said sub-district, and that only about one-third would be accommodated by the site remaining where it is at present located by said board. James McBride corroborated the statements made by Nelson Bly." After Henry Baker was sworn, u so much confusion and controversy arose " that it was found " almost impossible to preserve order," and the superintendent " proceeded to view the different sites." Among the papers sent up by the district secretary were two petitions to the board, one signed by fifteen persons asking that the site should be located u at or near the cornor of Mr. Brooks' fie:d;" the other signed by twenty-three persons, asking that the site be " established as near as practicable in the center of the sub- district." In view of the facts before us, we cannot do otherwise than sus- tain the county superintendent, whose decision is AFFIRMED. D. FRANKLIN WELLS, ^ Superintendent of Public Instruction December 16, 1867. s9 66 SCHOOL LAW DECISIONS. Henry Heisey v. The District Township of Castle Giw HENRY HEISEY, et al, v. THE DISTRICT TOWNSHIP OF CASTLE GROVE. Appeal from Jones County. SCHOOL-HOUSE SITE. Location of. lu fixing the school-house site, its geo- graphical position, and the convenience of the people of each portion of the sub district should be considered. September 16th, A D. 1867, the board of directors of the district township of Castle Grove, Jones county, Iowa, voted to remove the school-house in sub-district number Six, from -a point thirty- four rods .north of the geographical center of the sub-district, to a point two hundred and six rods north of said geographical center. From this action, Henry Heisey and others, resident tax-payers in said sub-district, appealed to the county superintendent, who, on the fifth day of October, after a patient hearing of the cause, annulled the said order of the board. From this decision of the county superintendent, John McLees, a patron of the school and a resident director of said sub-district, appeals to the superintendent of public instruction. No appearance fur appellant. John McKean for appellee. The appellant in his affidavit, claims that the new site is on a good county road, while the old one is three-fourths of a mile from any road. He also claims that the new eite, as located by the board, is nearer the majority of the patrons of the school than the old site. But these claims are unsupported by the evidence adduced on the trial before the county superintendent, as shown by the transcript. The testimony of Mr. Heisey, corroborated hy that of several other persons, shows that the whole sub-district is prairie ground and suitable for settlement and cultivation ; that the present site is on a north and sou r h road which is opened the whole distance, with the exception of eighty rods, which will be open this Winter; that the present site is not only nearer the geographical center of the sub-district than the one' proposed by the board, but is also nearer the present and prospective center of adult as well as juvenile population. More than two-thirds of the youth of school age within the sub-district, live nearer to the present site than the one proposed by the board. Even if the road is not open the SCHOOL LAW DECISIONS. 7 H. M. Reed v. The District Township of Fairfield. whole distance, the removal of the house would benefit the few at the expense of the many. All considerations of economy, convenience and equity, enforce the belief, that the school-house in.eaid sub-district number Six, of the district township of Castle Grove, should remain v;here it is at present located, and should not be removed to the si r e determined by the board. The decision of the county superintendent is therefore AFFIRMED. D. FRANKLIN WELLS, Superintendent of Public Instruction. January 15, 1868. H. M, REED v. THE DISTRICT TOWNSHIP OF FAIRFIELD. Appeal Jrom Jackson County. SUB-DISTRICTS : Formation of. While the law contemplates that all the youth of the state, shall enjoy facilities for education as nearly equal as practicable, yet in the formation of sub-districts cire should be taken that they are not made so small geographically, and weak financially, as to be unable to maintain good schools. At the regular somi-annual meeting of the board of directors of Fairfield district township, held September 16tn, 1867, a resolu- tion was offered to re-district that part of the township lying south of the Maquoketa river into five sub-districts. The vote resulted in a tie; and from this virtual refusal to act, H. M, Reed took an appeal to the county superintendent, who, after a full hear- . ing, re-districted said territory into five sub-districts. From this decision of the county superintendent, John Holroyd takes appeal, and thus the cause comes before the superintendent of public in- struction for review. The law contemplates that all the youth of the state shall enjoy facilities for education as nearly equal as practicable ; but the testi- mony in this case shows that several families are practically denied school advantages on account of distance, some residing from four to five miles from any school-house. The division of said territory into five sub-districts was approved by the electors at their annual township district meeting, by one-half of the board of directors, and by the county superintendent; and as there is no violation of law or sacrifice of justice and equity, we aie SCHOOL IAW DEJISIONS. Charles S. Gordon v. The District Township of Brown. constrained to acquiesce in their judgment, and sanction the decis- ion of the county superintendent. We will, however, call attention to the fact, that the three sub-districts formed from the old " number Two," are geographically small and financially weak; and we there- fore suggest that the interests of the township might better be sub- served by dividing the old sub-district number Two into only two sub-districts, and removing the school-house now erected to a cen- tral location in one of them, and then building only one new house. There is an objection to making sub-districts too small, on account of the increased difficulty and expense of sustaining good schools. Two schools in the old sub-district number Two, properly located, would undoubtedly accommodate the people and pupils reasonably well. If this suggestion is approved by the board of directors, they may give it practical effect, the preceding part of this decision to the contrary notwithstanding. AFFIRMED. D. FEANKLIJST WELLS, Superintendent of Public Instruction. January 15, 1868. CHARLES S. GORDON v. DISTRICT TOWNSHIP OF BR >wx. Appeal from Linn County. 1. DEFAULT: The decision of the county superintendent when rendered by default, will be affirmed unless the parties have failed to receive proper notice, or other good reasons are shown to exist, for failure to appear. 2. CONDITIONAL JUDGMENT: May be rendered if the interests of the district require. October 12th, 1867, Charles S. Gordon and twenty others pre- sented a petition to the board of directors of Brown district township, Linn county, for a new sub-district, which the board refused to grant. Appeal was taken to the county superintendent, who, Novem- ber 12th, formed a new sub-district from the east three-fourths of section thirty-four and west one-half of section thirty-live. From this decision the board appeals to the superintendent of public instruction. As the board permitted judgment to be rendered by default, the rules which we have prescribed for our guidance, require the affirm- ance of the decision of the county superintendent; but inasmuch as SCHOOL LAW DECISIONS. Joseph F. Edwards v. The District Township of West Point. there seems to have been a misunderstanding as to the time when a final hearing would take place, and as the sub-district formed is evidently too small to subserve the best educational interests of the district, it is hereby provided that the board may so far disregard the preceding decision as to re-district the district township, so that a school-house shall be located at or near the junction of sections thirty and thirty- two, another school-house at or near the junction of sections twenty- eight and thirty-four, another school-house at or near the junction of sections twenty-six and thirty-six, with such other modi- fications in the boundaries of sub-districts and the location of school- houses, as the convenience of the inhabitants and the interests of education may seem to require. If the board of directors promptly make the changes herein indicated, the decision of the county super- intendent shall be void: otherwise in full force and effect. D. FRAKLIN WELLS, Superintendent of Public Instruction. January 28, 1868. JOSEPH F. EDWARDS, et at. v. THE DISTRICT TOWNSHIP OF WEST POINT. Appeal from Lee County. SUB-DISTRICT BOUNDARIES : Change of. The acts of a board of directors changing sub-district boundaries and locating school- houses are so far discretion- ary that they should be affirmed on appeal, unless it is shown that there has been an abuse of discretion. September 16, 1867, the board of directors of the district township of West Point, Lee county, transferred one hundred and twenty acres of land belonging to one Timothy Allen, from sub-district number One to sub-district number Three, in the same district township. From this alteration of sub-district boundaries, Joseph Edwards et al. appealed to the county superintendent, by whom the order of the board of directors was reversed. From this decision of the county superintendent, Timothy Allen appeals to the superin- tendent of public instruction. J. Van Valkensburg arid O. C. Nourse for appellant. J. M. Casey for appellee. 70 SCHOOL LAW DECISIONS. Joseph F. Edwards v. The District Township of West Poiiit. It is not claimed that the board of directors exceeded their powers in changing boundary lines, or in any respect violated law. While equality among the several sub-districts, in area, population, and taxable property, is, in some respects desirable, it is not required by law, and in fact is impracticable. The claim in the argument of appellees that the action of the board was necessarily wrong, because it had the effect to increase the inequality in some or all of these respects, is not well founded. It is an element which should receive proper consideration, but it will not always exercise a controlling influence. Mr. Nourse, in his argument for appellant, claims that " no right of appeal existed in the plaintiffs who took the case to the county superintendent ; " hence the county superintendent was without jurisdiction. He claims that to entitle a person to the right of appeal the grievance must be of a personal character one that affects the rights or interests of the individual as dis- tinguished from the public. In support of this view he refers to the following decisions by our supreme court Humphrey v. Ball, 4 G. Green, 204; Myers v. Simms, 4 Iowa, 500; McCune v. Swaford, 5 Iowa, 552; Lippencott v. Allender, December Term, 1867. In all of these cases it is held that there is no appeal from the county court or the board of supervisors, unless the grievance is of a personal or individual character as distinguished from the public; and hence by analogy it is claimed that there is no appeal from the board of school directors unless the grievance is of a like character. If the right of appeal in the two cases was derived from the same statute, the decisions cited above would be conclu- sive. But these decisions are based upon section 267, Revision of 1860, in which the right of appeal is limited to " any matter affect- ing the rights or interests of individuals as distinguished from the public," etc. ; while appeals to county superintendents are based on section 2133, Revision 1860, which provides that u any person aggrieved by any decision or order of the district board of directors in matter of law or fact," may appeal, etc. As section 2133 does not limit the right of appeal to cases of personal grievance, the decisions cited have no application in the case under consideration. The important point upon which the issue in this case must turn remains to be stated. The meeting at which the change of sub- district boundaries was made was attended by six of the eight members of the board, and after a full discussion of the proposed change and an examination of plats of the district, the change was made by unanimous vote, and subsequently approved by one of the absent members. The remaining sub-director, who resides in the sub-district from which the territory was taken, opposes the SCHOOL LAW DECISIONS. 71 Joseph F. Edwards v. The District Township of West Point. change. It is not claimed that the law was violated in the change, but only that the educational interests of the district were im- paired. The question is not so much one of law as of sound judgment and discretion. The change was approved by seven of the eight members of the board, who reside in different parts of the town- ship, six of whom at least, are absolutely without personal interest in the matter. It is opposed by one whose pecuniary interests are contingently adversely affected. The county superintendent opposes his judgment to the judgment of the board. What, in such a case, is the duty of the ultimate tribunal? The superintendent of public instruction has, as in duty bound, an earnest desire to sustain the acts and decisions of county super- intendents. The leg-tl presumption is always in favor of the correctness of official acts and decisions. While the state super- intendent applies this principle to county superintendents, it is equally incumbent upon them to apply it to the decisions or orders of district boards of directors. It not unfrequently happens that county superintendents decide appeal cases upon their own judg- ment and discretion as if they had original, instead of appellate, jurisdiction;' and fail to give that consideration to the discretion of district boards, which the above principle requires. The law prescribing the duties of boards of directors is, in some respects, 7nandatory, requiring that certain specified duties shall be performed in a particular manner. In other cases, the board acts as a local legislature, and its action is discretionary. Among these discretionary powers, though not including all of them, are the establishment and change of sub-district boundaries and the location of school-houses. It has been doubted by some whether an appeal to the county superintendent, from acts of the board wholly discretionary, would lie. While the right of appeal in such cases is maintained, the real character should not be lost sight of; and the action of the board within the limits of the law should not be reversed unless it is evident that it acted with passion, pre- judice or manifest injustice. It is a general principle in law that the exercise of discretionary power will not be interfered with unless it is fully apparent that such power has been abused. (For further remarks on discretionary power and the manner of proving its abuse, reference is made to the case of Maria L. Dougherty v. L. D. Tracy, county superintendent^) In changing sub-district boundaries, and locating school-houses, the law gives the board of directors original jurisdiction, and as it is discretionary power, the action of the board should be affirmed on appeal, unless it is fully apparent by the evidence, that the board violated law or abused its discretion. If there is a reasonable 72 SCHOOL LAW DECISIONS. James C. Smith v. The District Township of Maquoketa. doubt, the board is entitled to its benefit. The action of the board may not be wholly approved by the judgment of the county super- intendent, but if it be not illegal or cleirly unjust, it should be sus- tained. When, however, county superintendents feel called upon to reverse decisions of school boards, they should give a clear and explicit statement of their reasons for so doing, that the superin- tendent of public instruction may be the better enabled to judge of soundness of their conclusions. These general remarks have been made with a view to guide county superintendents in their decisions, as well as to indicate some of the principles which will be observed by the superintendent of public instruction in the adjudication of similar cases. In the particular case under consideration, the board of directors with unusual unanimity, preformed a discretionary act. It is not claimed that this act was illegal, or that the board was influenced by improper motives. It is not satisfactorily proven that the act was unjust. In our opinion, the evidence does not sustain the county superintendent in annulling the order of the board, and his decision is therefore REVERSED, D. FRANKLIN WELLS, Superintendent of Public Instruction. February 15, 1868. JAMES C. SMITH v. DISTRICT TOWNSHIP OF MAQUOKETA. Appeal from Jackson County. 1. AFFIDAVIT: The affi lavit may be amended when such action is not prejudicial to the rights of any pirty interested. 2. COUNTY SUPERINTENDENT : May upon appeal create sub-district. At the regular semi-annual meeting of the board of directors of the district township of Maqnoketa in September, 1867, Jacob Markle and twenty-seven others presented a petition, asking that all of that portion of sub-district number Five, lying south of the Maquoketa river should be set off into a separate sub-district. The prayer of the petition was refused, whereupon James C. Smith, one of the petitioners, appealed to the county superintendent, who reversed the action of the board, and created a new sub-district south of the river. From this decision, D. F. Fair and E. H. Patterson appeal to the state superintendent. SCHOOL LAW DECISIONS. 73 James C. Smith v. The District Township of Maquoketa. The evidence discloses the following facts: sub-district number Five is civirled by the Maquoketa river into two nearly equal por- tions, the school-house being situated on the north side of the river. Said river is a navigable stream, the only means of crossing it being the ice in Winter and a ferry in Summer. It is subject to freshets and obstructions from ice, so as to be impassable for days in succes- sion. The weight of evidence shows the river to be such an obstruction, that children cannot, with reasonable facility enjoy the advantages of a school on the opposite side from that on which they reside. That this difficulty was recognized by the board is evidenced by the fact, that an appropriation of forty dollars was made las': Summer to support a school in that part of the sub-district south of the river. Some children have never attended school north of the river, because their parents consider the crossing of the river fraught with danger. Charles Rich for appellant. No appearance for appellee. The appellant assigns three errors: 1. The insufficiency of the affidavit of J. C. Smith, and the con- sequent want of jurisdiction by the county superintendent. 2. That the county superintendent permitted said affidavit to be amended on the day of trial, thus admitting its insufficiency. 3. That the county superintendent divided said sub-district num- ber Five into two sub-distric's. The system of appeals to county superintendents was inaugurated to provide a speedy and inexpensive method of adjusting difficulties arising in the administration of school laws. From the fact that many of the cases arising, are prosecuted by the parties interested without the intervention or assistance of lawyers, no very stringeut rules of practice have been adopted. The object of this system of appeals, is to promote uniformity in the operation of school laws, and the attainment of substantial justice; and this object should not be defeated by technical objections. While the affidavit of said Smith was not as full as it is customary to make such papers, it yet had such completeness as enabled the county superintendent to obtain a transcript of the proceedings of the board relating to the alleged grievance; and the ruling of the county superintendent on the first two points is sustained. It is neither intimated nor believed that the irregularities complained of prejudiced the interests of appellants. The law imposes equal burdens upon all property in the township for contributions to the " teachers' fund" and the " contingent fund," slO 74 SCHOOL LAW DECISIONS. Joel Jones v. The District Township of Salein. and it contemplates that all the yonth of the state shall enjoy as nearly as practicable, equal educational facilities. The county superintendent, by his appellate jurisdiction, had power to create the new sub-district. As by the evidence, the yonth south of the river could not with reasonable facility enjoy the advantages of a school on the north side; the county superintendent was justified in interfering with the discretionary powers of the board, and in estab- lishing a new sub-district south of the river. AFFIRMED. D. FRAJSTKLIN WELLS. Superintendent of PMic Instruction . February 15, 1868. JOEL JONES et al. v. THE DISTRICT TOWNSHIP OF SALEM. Appeal from Henry County. 1. TRANSCRIPT. The transcript which the law requires the secretary to transmit to the county superintendent, in case of appeal, must be full and com- plete. 2. CONDITIONAL JUDGMENT May be rendered when the interests of the dis- trict are thereby promoted. At the regular meeting of the board of directors of Salein district township, Henry county, Iowa, held on the 18th day of March, 1867, two petitions to re-district said township were received, and a com- mittee appointed to report thereon at a subsequent meeting of the board. At an adjourned meeting of the board held April 20, 1867, said committee reported in favor of re-districting, substantially in compliance with the prayer of the petitioners. The report was accepted, the committee discharged, and the report laid over until the regular September meeting. The report of the committee was called up at the September meeting of the board, and the motion to adopt was lost by a tie vote. From this virtual refusal of the board to re-district, Joel Jones and others appealed to the county superinten- dent, by whom the case was heard November 21, 1867. On the 26th of the same month, the county superintendent rendered his decision, reversing the* action of the board, granting the prayer of the petitioners, and changing the boundaries of sub-districts as indicated by plat marked "A," submitted with the transcript of proceedings. From this decision, Peter Hobson et al. appeal to the superintendent of public instruction. T. 8. Woolson for appellants. No appearance for appellee. SCHOOL LVW DECISIONS. Joel Jones v. The District Township of Salem. The rejection of the report of the committee by the board was under the circumstances a virtual refusal to grant the petition to re-district, as prayed by petitioners; and hence gave the county superintendent jurisdiction on appeal. The first response of the secretary was not a full compliance with the law, which requires him to send np " a complete transcript of the record and proceedings complained of;" and the superintendent was justified in requiring a complete transcript. An undated, unsealed and unstamped drop-letter is certainly not a very business-like notice of hearing for the superintendent to give the appellant; and if the latter had not purposely avoided the hear- ing, but had appeared and shown his inability, for instance, to se- cure the attendance of important witnesses on account of absence and insufficient notice, if he had shown that the attainment of justice would be jeopardized by proceeding with the trial, then we might feel justified in interfering with the superintendent's discre- tion in refusing to adjourn the trial. Other allegations of the appellants not being well supported by evidence, are passed by without comment. The plats submitted show that the old sub-district boundaries are not established in such a manner as to promote the present con- venience of the inhabitants; and from other evidence adduced on trial, it appears that said boundaries have for a Ions: time been un- satisfactory to a portion of the people. The change was voted for by one-half of the members of the board of directors ; arid one of the members who voted against the change testified during the trial, that with the information he now has, he would vote for the change. The change is therefore approved by a majority of the directors then in office. After a protracted investigation, it was approved by the county superintendent. The testimony adduced in the hearing before the county superintendent establishes the fact that the edu- cational interests of the township will be promoted by the change in sub-district boundaries, as indicated by the decision of the county superintendent. We are therefore constrained to affirm his de- cision. We are, however, in receipt of a petition from ninety-five citizens of Salem district township, including all of the ten appellants in this case, asking that still further modifications shall be made; and the plat which they submit in connection therewith meets our cordial approbation, and in our opinion is even better calculated to promote the convenience of the people, than the plat of sub-districts sub- mitted by the county superintendent. Now, therefore, if the board of directors shall at their next regular meeting in September, or at a special meeting called thereafter for that purpose, change the 76 SCHOOL LAW D2CJSIONS. S. L. Curry v. The District Township of Franklin. boundaries of sub districts in substantial conformity with the plat hereto annexed, and submit said change for the approval of the superintendent of public instruction, said boundary lines, when so approved, shall be the established boundaries of the sub-districts of Salem district township, anything in the preceding part of this de- cision to the contrary notwithstanding; but if said board fail to take such action, then the decision of the county supeiintendent shall re- main in full force and effect. AFFIRMED. I). FRANKLIN WELLS, Superintendent of Public Instruction. March 25, 1868. S. L. CURRY v. THE DISTRICT TOWNSHIP OF FRANKLIN, SAMUEL FETRO, Appellant. Appeal from Decatur County. 1. COUNTY SUPERINTENDENT; Has no jurisdiction of an appeal until an af- fidavit is filed. 2. AFFIDAVIT. An affidavit is a statement in writing, signed and made upon oath before an authorized magistrate. 3. NOTICE. The county superintendent should not issue notice of fiLial hear- ing until both the affidavit and the transcript of the district secretary have been filed in his office. December 16th, 1867, at a special meeting of the board ol directors, a vofe to change the boundaries of sub-districts in the district township of Franklin, Decatur county, so as to form a new sub-district in accordance with the prayer of petitioners, resulted in a tie. From this virtual refusal to set, S. L. Curry appealed to the county superintendent, who on the 31st of the same month formed a new sub-district. No appearance for appellant. Ed Curry for appellee. Appellant alleges in his affidavit that the county superintendent assumed jurisdiction of this case without warrant of law; that there never was " at any time an affidavit or any other statement SCHOOL LAW DECISIONS. 7J S. L. Curry v. The District Township of Franklin. in said appeal case filed in the office of" the county superintendent; hence the want of jurisdiction. The " act to provide for appeals," section two, provides that " The basis of proceeding shall be an affidavit, filed by the party aggrieved with the county superintendent, within the time allowed for taking the appeal." An affidavit is a statement in writing, signed and made upon oath before an authorized magistrate. A county superintendent can have no proper jurisdiction of an appeal case, until such affidavit has been filed. A notice of intention to file an affidavit, a verbal complaint, or a petition, is not sufficient to give the county superintendent jurisdiction in appeal cases. The affidavit setting forth "the errors complained of in' a plain and concise manner" must be in his hands before he is justified in com- mencing proceedings. The decision of the superintendent recites that the affidavit was filed December 21st, which might be taken as conclusive, it it was not contradicted by the record. The tran- script shows that said affidavit was not subscribed and sworn to until December 28th, hence we do not clearly see how it could have been filed on the 21st. December 24th, four days before the affidavit was made, and which appellant alleges was never -filed with the superintendent, said superintendent gave notice to the parties that the hearing would take place on the 30th. This proceeding, as an appeal case, was entirely unauthorized by law; and as he commenced proceed- ings in di> regard of the plain provisions of law and without legal jurisdiction, his decision is annulled. It may be said, and not with- out authority, that as both parties responded to the notice, and came before the superintendent, that he thereby acquired jurisdiction ; but we feel unwilling to sanction disregard of law by approving; such great irregularities. Without touching the real merits of the question at issue the formation of a new sub-district, which we are willing to leave to the local authorities we refer briefly to a few points of law raised by appellants. 1. The county superintendent should not issue notice of final hearing until both the affidavit and the transcript of the district secretary have been filed in his office. 2. The law does not require that a revenue stamp shall be affixed to an affidavit; hence the neglect to cancel such stamp when affixed is immaterial. 3. Though the change of sub-district boundaries by the board of directors be a discretionary act, it may be reviewed by the countv superintendent on appeal ; but the decision of the board should not be disturbed unless said discretionary power has been abused or exercised unjustly. 78 SCHOOL LAW DECISIONS. Tunison & Roy v. The District Township of Wilton. 4. The county superintendent should have received the remon- strances offered on trial in evidence, and exercised his judgment as to their weight and value. REVERSED. D. FRANKLIN WELLS, Superintendent of Public Instruction. March 26, 1868. TUNISON & ROY v. THE DISTRK T TOWNSHIP OF WILTON, Appellant. Appeal from Muscatine County. 1. JURISDICTI >N : A fter the expiration of thirty days the county superin- tendent can acquire i;o jurisdiction in appeal cases. 2. APPEAL : All unwise or inexpedient action of the board, whether of law or of fact, when within their powers, must find its correction by an appeal to the county superintendent. March 18th, 1867, the board of directors of the district township of Wilton, in accordance with a petition of electors, voted to re-locate the site of the school-house in sub-district number Five, of said district township, and to remove the school-house to the new site. On the 26th of December following, Tunison & Roy appealed ftvm this order to the county superintendent, who February 10th, 1868, rendered his decihion, admitting the power of the board to change the site, and expressing his approval of the change made, but reversing the order of the board so far as it related to the removal of the house. The sub-district was formed prior to March 12th, 1858, and consisted of parts of two civil town- ships. Win. F. Krannan for appellant. Cloud & Broomkall for appellees. The appellant assigns as errors the following: 1. The overruling of his motion to dismiss. 2. The reversal of the order of the board of directors to remove the house. SCHOOL LAW DECISIONS. 79 Tunison & Roy v. The District Township of Wilton. The question of the jurisdiction of the county superintendent first demands attention An act to provide for appeals, section 2133, Revision 1860, provides that " any person aggrieved by any decision or order of district board of directors, in matter of law or of fact, may within thirty days after the rendition of such decision or the making of such order appeal therefrom to the county superintendent of the proper county." The counsel for appellees, quoting this sec- tion, say: " The above quoted statute is not unlike the statute allowing appeals from the county court (section 267, Revision 1860), with this marked difference, that in the latter case the statute is mandatory; and under that statute the supreme court has said that upon a proper showing an appeal can be taken at any time within one year. In the present case the statute says an appeal may be taken at any time within thirty days. There is no prohibition upon an appeal after that time, even by implication." If this argument is sound, it w r ill become necessary for this depart- ment to reverse its decision heretofore made, that the county super- intendent can acquire no jurisdiction, unless the appeal be taken within the thirty days allowed by law. The right to appeal from the decision or order of a board of school directors, is not a natural and universal right, and it can be enjoyed only in the manner and to the extent that the law permits. It ;s true that the law does not, in express terms, prohibit an appeal after thirty days; but the right of appeal after the expiration of that time does not exist simply because the law does not grant it. By implication it is prohibited. As asserted by counsel, the provisions of section 267, Revision 1860, are, in s<>me respects, not unlike those of section 2133. In both the right of appeal is limited to thirty days. But the decision of the supreme court, to which allusion is made, but to which no reference is given, authorizing an appeal at any time within one year, is probably based upon section 270, Revision 1860, which expressly extends the time for taking an appeal from the county court, in certain cases, to one year. There is, however, no corres- ponding provision in the act providing for appeals to county superin- tendents; hence, the decision referred to, has no application whatever to the case now under consideration. In the case of State v. Flem- ing, 13 Iowa, 444, the supreme court says substantially, that " If a party fails to prosecute his remedy by appeal " within the time allowed by law, " such rght is forever at and end." The act under which this case is brought provides in section 2134, Revision, that " the basis of proceeding shall be \ y an affidavit, filed by the party aggrieved with the county superintendent, within the time allowed for taking the appeal," which the previous section fixes at thirty days. 80 SCHOOL LAW DECISIONS. Tunison & Roy v. The District Township of Wilton. I r the theory of the county superintendent and of appellees is correct, and the right of appeal is not limited to thirty days, then there is no limit fixed by Jaw; and decisions or orders made by boards of directors years ago may uow be reviewed by county super- intendents, and set aside. But none will claim this. The law demands that persons who are aggrieved by the action of boards of directors shall seek prompt redress by appeal, if this remedy is sought at all. The first remedy sought by the parties aggrieved by the action of the board, was in the courts; and it was not until the supreme courr, decided, at the December term, 1867, that " all unwi-e or inexpedi- ent action of the board, whether of law or of fact, when within their powers, must find its correction by an appeal to the c<>untv superin- tendent," that the affidavit of plaintiff was filed. In the meantime nine months had elapsed, and the error, though innocent, was fatal. After the expiration of thirty days, the county superintendent can acquire no jurisdiction under the law, in appeal cases. The case is, therefore, remanded to the counysE TAX. When voted by the electors of a sub-district and duly certified to the district township meeting and to the board of directors, must be levied by the board ; and can only be devotea to the specific purpose for which it has been voted. 2. The district township meeting may, in the absence of any action by the electors of a sub-district, vote a tax to build a school-house in such sub-district. 3. CONTINGENT FUND. The use of the contingent fund for the purpose of building a schdol-house is unauthorized by law and is clearly illegal. The electors of sub-district, 'No. Seven, of this district township, at their annual meeting in March, 1866, voted that seven hundred dollars should be raised to build a school-house in that sub-district. This vote was certified by the secretary of this meeting to the dis- trict township meeting, which voted a general school-house tax of eight mills. In June of the same year, a school-house, supposed to be a temporary one, was erected in said sub-district by the board of directors. March 28, 1868, the board of directors refused to build a new school-house in said sub-district. From this action plaintiffs appealed to the county superintendent, who affirmed the action of the board ; and from his decision, appeal is taken to the superintendent of public instruction. If the vote of the sub-district meeting had been legally certified to the district township meeting, the duty of levying a tax for the 100 SCHOOL LA.W DECISIONS. Patrick Trumble v. District Township of Coffin's Grove. specific purpose of building a school-house in said sub-district would have been obligatory. Without such certification or even without any action by the electors of the sub-district, the district township meeting might have voted a tax to build a school-house in any particular sub-district; and whenever taxes are voted for specific purposes, they should be scrupulously devoted to the objects for which they are raised. The evidence in this case does not disclose that a tax was voted by the district township meeting, or apportioned by the board of directors for the specific purpose of building a school-house in said sub-district number Seven. The testimony on this point is merely that " the district township meeting voted a school-house tax of eight mills." But on the assumption that a part or all of this " tax of eight mills " was intended to build a school-house in number Seven, it does not clearly appear that this intention has not been carried out; for the same year that the tax was voted, a temporary school-house was built in said sub-district with the contingent fund. The use of the contingent fund for this purpose was of course entirely unauth- orized by law, and its permanent use clearly illegal. The fair pre- sumption is, that the contingent fund was u^ed for this purpose only temporarily, and that it was replaced by the school-house tax when collected. If so, a part or all of said " tax of eight mills " has been virtually expended in the erection of a school-house in sub-district number Seven. The brief testimony in this case presents nothing which would properly justify interference with the action of the boa r d of directors, or with the decision of the county superintendent. AFFIRMED. D. FRANKLIN WELLS, Superintendent of Public Instruction. August 7, 1868. PATRICK TRUMBLE v. DISTRICT TOWNSHIP OF C FFIN'S GKOVE. Appeal from Delaware County. SUB- DISTRICT BOUNDARIES : The change of sub-district boundaries by the board of directors is a discretionary act. September 16th, 1867, the board of directors of the district town- ship of Coffin's Grove, Delaware county, Iowa, erected a new sub- district No. Six, by the division of sub-distr.ct Ne. One, which was SCHOOL LAW DECISIONS. 1Q1 Patrick Trumble v. The District Township of Coffin's Grove. lirst enlarged by the addition of other territory thereto. Patrick Trumble appealed to the county superintendent, by whom the action of the board was reversed. David Ayers now appeals from the decision of the county superintendent. No appearance for appellant. Patrick Trumble for appellee. The evidence shows that the sub-district, previous to division, was very large, and was divided into two nearly equal parts by a stream, which in times of high water was impassable for footmen, and difficult for teams; that without division, some children would be required to travel three miles or more to attend school ; that with division a large quantity of material which had been collected to build a new school-house, would have to be moved to another site or would be worthless; and that there are upward of thirty children of school age in each of the sub-districts under consideration. The testimony in regird to the propriety and necessity of the change is conflicting. So far as appears by the record, the change was legally made. The refusal of the county superintendent to dismiss the case on account of some technical objection to the affidavit, is sustained ; as the affidavit had sufficient fullness to enable the superintendent to obtain a transcript of proceedings. (See Smith v. District Town- ship of Maquoketa.) The county superintendent, in reversing the action of the board, seems, to have been governed by what he considered the weight of testimony in regard to the change. But the change of sub-district boundaries by the board of directors, is a discretionary act. In the exercise of this discretionary power by the board, it does not appear that the law was violated, discretion abused, or injustice done. At the date of the decision of the county superintendent, the case of Edwards v. The District Township of West Point, had not been published; but in accordance with the principles therein stated, we are compelled to set aside his decision and sustain the action of the board of directors. REVERSED. D. FRANKLIN WELLS, Superintendent of Public Instruction. 1868. 102 SCHOOL LAW DECISIONS. Chiles Moorman v. The District Township of Belmont. CHILES MOOBMAN v. THE DISTRICT TOWNSHIP OF BELMONT, ELI TOWNSEND Appellant. Appeal from Warren County. 1. SCHOOL-HOUSE : Removal of. A vote of the electors to remove a school- house, will not compel the board to act affirmatively in relation thereto. 2, JURISDICTION: An application for an appeal filed within thirty days from the act of the board complained of will not give the* county superintendent jurisdiction of the case. The appeal must be taken by affidavit. This appeal was taken to the county superintendent, to secure the removal of the school-house in sub-districc number Eight, of this dis- trict township. At the annual sub-district meeting in March, 1868, the electors voted by a large majority that the removal should be made. At the semi-annual meeting of the board of directors held March 16, 1868, a motion to remove the school-house in accordance with the vote of the sub-district was lost; and from this action of the board the plaintiif, by affidavit filed with the county superintendent, May 9, 1868, took an appeal. Previous to this, that is, on the 28th of March, the plaintiff had filed with the county superintendent an " application for an appeal." The county superintendent assumed jurisdiction of the case and after a full hearing reversed the decision of the board and ordered the removal of the hou^e. To this decision appellant takes exception. Todhunter & Williams for appellant. H. McNeil tor appellee. The power to locate the site for a school-house is vested in the board of directors, and the power to " fix the site" carries with it the power to relocate the site, Vance v. The District Township of Wil- ton, supreme court of Iowa, December term, 1867. Hence the vote of the sub-district electors must be considered as advisory rather than mandatory. Exception was taken to the action of the county superintendent on the ground that the appeal was not taken within the thirty days required by law; and the record shows that nearly two months elapsed before the filing of the affidavit, which by law is made the basis of appeal. It has been decided in previous cases that the right of appeal can be enjoyed only within thirty days of the rendi- tion of the decision complained of; and that the appeal can be insti- tuted only by filing an affidavit with the superintendent. Curry v. SCHOOL LAW DECISIONS. 1Q3 Hiram Hall v. The District Township of Massilon. The District Township of Franklin; Tunison & Roy v. The District Township of Wilton; Noble et al. v. The Independent District of Marshall. Following the line of these decisions we are compelled to hold that the county superintendent had no proper jurisdiction of this case, and that his action thereon is void. If it is suggested that an " application for an appeal " was made before the expiration of thirty days from the board's decision, it must be replied that the law recognizes no such step in the proceed- ings. The law distinctly provides that the basis of appeal shall be " an affidavit, filed by the party aggrieved with the county super- intendent within the time allowed for taking the appeal" The application for an appeal is all very well, provided the affidavit itself is filed within the time allowed by law; but the filing of the " appli- cation for an appeal " is an entirely superfluous and unnecessary proceeding. On this point see the note to section 124, school laws. As the case was not properly before the county superintendent, we are compelled to set aside his decision, and leave the removal of the school-house to the discretion of the board of directors. REVERSED. D. FRANKLIN WELLS. Superintendent of Public Instruction. 1868. HIRAM HALL et al. v. THE DISTRICT TOWNSHIP OF MASSILON. Appeal from Cedar County. 1. NOTICE. The want of notice is waived by the voluntary appearance of the party for any purpose connected with tlie cause. 2. SUB-DISTRICTS. The practice of cutting district townships into numerous sub-districts of small size, is detrimental to the educational progress of the state, and will not be sustained upon appeal. A petition was presented to the board of directors of said district township at the regular meeting in March, 1868, prajing for the erection of a new sub-district. Said petition was laid over for con- sideration at the regular meeting in September. At the latter meet- ing, two petitions in opposition were presented. A vote was had upon the proposition, which resulted adversely to the formation of the 104 SCHOOL LA.W DECISIONS. Hiram Hall v. The District Township of Massiloii. new sub-district one vote being cast in favor of, and five votes being cast against the same. From this action of the board, Hiram Hall and others appeal to the county superintendent, who, on the 21st day of October, 1868, made an order forming the said sub-dis- trict in accordance with the prayer of the petition, and the board appeal. J. 'C. Logan for appellant. E. Brink for appellees. There was a motion for a continuance made on the hearing before the county superintendent, based upon an alleged want of notice, which motion was overruled, and the parties proceeded to trial. The overruling of this motion is one of the errors assigned on this appeal. The want of notice, if there was any, was waived by the voluntary appearance of the party making the motion, and as the opposite party proposed to admit everything expected to be proven in case of a continuance being granted, no injustice resulted, and therefore this error is not sustained. The decision of the county superintendent will be reversed, how- ever, upon other grounds. The proposed new sub-district embraces but two and one-half sections of land, inhabited by fifteen families, having in all but twenty-seven persons between the ages of five and twenty-one years ; not enough to maintain a good school. The practice of cutting district townships into numerous sub-dis- tricts of small size, is detrimental to the educational progress of the state. It increases the number of schools and correspondingly reduces the number of pupils in each school, by reason of which, teachers of a lower grade must be employed, poorer school-houses huilt, or the expense of carrying on the schools greatly increased. Experience has demonstrated that it is better to have fewer sub-dis- tricts with better school-houses, and teachers of a high standard of qualifications, than to have more and smaller sub-districts, poor houses, small schools, and teachers of low grade. It is impossible in country districts to place a school house in every man's door-yard so to speak. Some must of necessity, be more remote from schools than others. From the plat submitted in this case, it appears the farthest any scholars residing within the limits of the proposed sub-district have to go to reach the school- houses now in use, is about one and one-half miles, and this is less than the average distance the children of most sub-districts in the state have to travel in going to and returning from school. See SCHOOL LAW DECISIONS. 1Q5 L. F. Mullin v. District Township of Perry. further the case of Gordon v. District Township of Brown, and Markley v. District of Township of Ludlow. REVERSED. LEWIS I. COULTER, Acting Superintendent of Public Instruction. January 27, 1869. L. F. MULLIN v. THE DISTRICT TOWNSHIP OF PERRY. Appeal from Marion County. CONTESTED ELECTION. The right to hold and exercise the office of sub-direc- tor, in case of contest, must be determined by the district court, under an infor- mation in the nature of a quo warrnto. In December, 1868, the county superintendent of Marion county, under the provisions of section 25, school laws, erected or estab- lished a new sub-district from parts of Red Rock and Perry town- ships in said county, and attached the same to the latter as part of sub-district number Three thereof. On the first Saturday in March the electors of this new sub-distr let held their first annual meeting, at which one L. F. Mullin was elected sub-director, received the proper certificate of election, and in due time qualified as required by law. At the regular meeting of the board of directors, Mullin appeared, presented his certificate of election and claimed his right to a seat as a member of the board. This claim was rejected and to have his right determined, he appealed to the county superinten- dent, who reversed the action of the board and declared Mullin to be entitled to exercise the functions of sub-director of said sub- district. From this decision, "W. H. Carter, a member of the board, takes an appeal. Withrow & Wright for appellant. Stone, Ay res & Curtis for appellee. No effort was made to disturb the order of the county superin- tendent forming the new sub-district, by appeal within the time prescribed by law, but the legality of said order is now for the first time attacked in this collateral proceeding. 106 SCHOOL LA.W DECISIONS. Alfred Harris v. District Township of Lee. Appellant insists that in determining the right of Mullin to a seat in the board, the county superintendent should have ba^ed that right upon the regularity and validity of the proceedings organiz- ing the sub-district from which Mullin claimed to have been elected. This proposition is denied by the appellee, who claims, that the opposite party having failed to appeal from such order and proceedings within thirty days, the sub-district must be considered as a legal verity, and that the only inquiry necessary to a proper determination of the right to a seat in the board, is, as to the regu- larity ot the election and qualification of the person claiming the right. This appeal was taken for the purpose of determining the right to an office, and this can only be done by a proceeding in the na f ure of a writ quo warranto, or by an information as provided by chapter 151, of the Revision of 1860. Desmond v. McCarthy, 17 Iowa, 527; Blackwell on Tax Titles, 117; Ockerman v. Warnock & Worth, School Law Decisions. The county superintendent could not lawfully exercise any control over the subject matter of this case, and he would therefore be incompetent to consider and determine as to the regularity of the proceedings had by him in the formation of the sub-district, in order to settle the controversy between Mullin and the board of directors. The appeal should have been dismissed for want of jurisdiction. REVERSED. A. S. KISSELL, Superintendent of Public Instruction. August 12, 1869. ALFRED HARRIS v. DISTRICT TOWNSHIP OF LEE. Appeal From Polk County. SCHOOL-HOUSE SITE : Should be on a public road, and so located as to be con' venient and accessible. On May 4th, 1869, the board of directors reversed its former action and located the school-house at the " Hoffman site." From this last crder Alfred Harris takes an appeal to the county superin- tendent. On June 5th, the case was heard before the county super- intendent, by whom the action of the board was reversed and the SCHOOL LA.W DECISIONS. 1Q7 Jacob Neal v. The Independent District of Washington. house located at what is known as the " Ellyson site." From this decision Thos. Hoffman and E. F. Dicks appealed to the state super- intendent. M. D. Mcllenry for appellants. Wm. Phillips for appellee. The counsel for appellants claims that the county superintendent has no jurisdiction in the location of school-houses, except to reverse the decision of the board when it is evident that it acted with pas- sion, prejudice or manifest injustice. In support of this view he refers to School-Law Decision : J. F. Edwards , et al. v. The Dis- trict Township of West Point. The weight of the testimony goes to show that during the larger part of the school-year the Hoffman location is inaccessible because of snow and mud in the lane, which is the only road approaching the school-house from the west, and that most of the school-children must pass over this road to get to school. It is further shown that there is but one road passing to the Hoffman site from the west and one from the north, and that both of these roads are private ways. From this evidence, manifest injustice is done to most of the school- attending population of the sub-district, and the county superinten- dent's decision in favor of locatiug the house at the " Ellyson site" is therefore AFFIRMED. September 23, 1869. A. S. KISSELL, ( Superintendent of Public Instruction. JACOB NEAL v. THE DISTRICT TOWNSHIP OF WASHINGTON. Appeal From Appanooose County. INDEPENDENT DISTRICT. Cannot be formed from a portion of an incorporated town which contains less than three hundred inhabitants. The incorporated town of Moulton is one mile square, while the surveyed plat is but one-half mile square. On the 24th day of April, 1869, a petition was presented to the board of directors of the district township of Washington, asking that said town of Moulton 108 SCHOOL IAW DECISIONS. Aaron Hicks v. The District Township of Pleasant amlManlua. be organized as an independent school district. The board estab- lished as the boundaries of the proposed independent district, the limits of the surveyed plat. From this action an appeal was taken to the county superintendent, who reversed the order of the board and made the said independent district to include all the territory within the limits of the incorporation. From this decision John L. Hughes appeals. The evidence shows that at the time the petition was presented to the board, there was not the requisite number of inhabitants liv- ing on the surveyed plat of the town, but that there were three hun- dred and ten inhabitants within the corporate limits. The merits of the case are with the decision of the county super- intendent, which is hereby AFFIRMED. A. S. KISSELL, Superintendent of Publie Instruction. October 5, 1869. AARON HICKS, et al. v. THE DISTRICT TOWNSHIP OF PLEASANT AND MANTUA, Appeal Jrom Monroe County. SUB-DISTRICT : Composed of parts of two townsJiips. Upon the written appli- cation of two-thirds of the electors residing upou the te-ritnry within the town- ship in which the school-house is not situated, boards of directors must divide the sub-district. Anderson and Stuart Bros., for appellants. Perry and Toivnsend for appellees. This case arises under the provision of section 38, of the school laws of 1868. It appears from the transcript that prior to March, 1858, portions of the civil townships of Pleasant and Mantua, of the county of Monroe, comprised an independent school district, with the school-house erected in the latter. After the taking effect of the present school law, this independent district became a sub- district in the district township of Mantua, and has remained so ever since, until the making of the order by the county superintend- ent, from which this appeal is taken. A petition signed by, what was claimed to be, two-thirds of the electors residing in said sub-district, upon the territory lying in the township in which the school-house was not situated, was presented SCHOOL LAW DECISIONS. JQ9 N. R. Hook v. The Independent District of Fremont. to the respective boards of directors of the said district township, praying said boards to divide said sub-district upon the township line, and restore the territory thereof to the district townships to which it geographically belonged. The action of each board was averse to the prayer of the petition, and from which an appeal was taken to the county superintendent, who reversed the action of the boards, and ordered the division to be made. The case has been presented to the superintendent of public instruction on the appeal of Jesse Palmer and others. The only question presented before the county superintendent, and here, was : Did the petition contain the names of two-thirds of the electors as required by law ? This question, answered in the affirmative, it is conceded that the boards of directors had no discre- tion in the matter, but it was their duty upon the reception of such petition, to divide the sub-district, and make the boundary lines be- tween the district townships conform to the line dividing the civil townships. In my opinion the testimony establishes the fact that the petition presented to the boards of directors, did contain the names of two- thirds of the electors residing in that portion of the sub-district lying in Pleasant township, and that the boards of directors of the two townships aforesaid, should have granted the prayer of the petition. Therefore the decision of the county superintendent is AFFIRMED. A. S. KISSELL, Superintendent of Public Instruction. March 11, 1870. N. R. HO<>K v. THE INDEPENDENT DISTRICT OF FREMONT. Appeal from MahasJca County. RESIDENCE. Is not acquired by temporary removal to a place for the purpose of attending school. Lacey <& Shepherd, for appellant. L. M. Miller, for appellee. At a meeting of the board of directors of the independent district of Fremont held on the 27th day of February, 1870, an order was made expelling one George Check from the school in said district. From this order of the board Dr. N. li. Hook, with whom the boy HO SCHOOL LAW DECISIONS. Z. W. Remington v. The District Township of Boomer. Check was at the time living, appealed to the county superin- tendent, who affirmed the order of the board, and Hook again ap- pealed. The ground upon which the boy was dismissed from school, was that he was not a bona fide resident of the independent district of Fremont, and this is, as I think, fully sustained by the circumstances of the case as shown by the weight of the evidence adduced before the county superintendent. The apparent primary purpose of George Check in g >ing to live with Dr. Hook, was that he might attend the school in Fremont, arid after the term of school should expire, his further continuance at Hook's would be uncertain. He did not go there with the intention of remaining, but the intention to return to his father's house seems to have been manifested in the contract or agreement made with Hook. Counsel for appellant argue that the law should riot be technically construed, but that it should receive a liberal construction, and in this he is correct. It should receive such a construction as that all the youth of the state, without regard to race or condition in life, can, with equal faci ity, partici, ate in the benefits of our fiee schools. There is evidence that the schools in Fremont are so crowded that many of the youth of the district are unable to gain admission, and the law gives to them the prior claim. The board should see that the children of the district are first accommodated, and then, if not detrimental to the interests of the school, they may admit, in their discretion, those from outside distiicts upon such terms as they may agree. Believing that the county superintendent properly sustained the board of directors, his decision is herebv AFFIRMED. A. S. KISSELL, Superintendent of Public Instruction. May 1, 1870. Z. W. REMINGTON v. THE DISTRICT TUWNSHIP OF BOOMER. Appeal from Pottawattamie County. 1. JURISDICTION. The county superintendent has not jurisdiction of cases involving a mouey demand. 2. ORDERS. When improperly issued by the board of directors, the proper remedy is an icj unction from the civil courts. The case presented by the record is this: On the 12th day of October, the board of directors of Boomer district township met in SCHOOL LAW DECISIONS. Daniel Forker v. The District Township of Eichrnond. special session and made a settlement with one L. S. Axtell, who was the contractor for the erection of certain school-houses in said district township. From the action of the board, Z. W. Remington appealed to the county superintendent. . The superintendent dis- missed the appeal upon the ground that the settlement with Axtell was for a money demand, and therefore involved a question over which he could exercise no jurisdiction. Remington again appeals. If there was anything wrong in the action of the board issuing orders in favor of Axtell for the payment of his claim for building the school-houses that would render them invalid, plaintiff's remedy, if any, would have been by injunction to restrain the payment of such orders, or by some other proper action in the civil courts, and not by appeal to the county superintendent, as the latter tribunal is not clothed by the statute with authority to inquire into or deter- mine the validity of school orders. The county superintendent, therefore, very properly decided to dismiss the appeal and his order in the case is hereby AFFIRMED. A. S. KISSELL, Superintendent of Public Instruction. May 17, 1870. DANIEL FOEKER, et al. v. THE DISTRICT TOWNSHIP OF RICHMOND. Appeal from Tama County. SCHOOL HOUSE TAX: When by successive apportionments, Hie rate of school house tax throughout the sub-districts of the township has been rendered uni- form, a uniform rate should be maintained. This is a case in which the board of directors of aforesaid town- ship apportioned a school-house tax, unequally, among the sub- districts of the district township, from which order the appellees appealed to the counry superintendent, Avho reverses the board's order, and the latter then appeals to this tribunal. Stivers < Sofely for appellant. Struble & Bradshaw for appellees. The evidence in the transcript shows that the school-house and U2 SCHOOL LAW DECISIONS. Aaron Pryne v. The District Township of York. contingent fund taxes were unequally and irregularly levied, pre- vious to the levy of 1869, but for the latter year the board appor- tioned the school-house tax equally among the different sub-districts in the district, according to sec. 16 and note (f), school laws, 1868. The county superintendent claims, for this and other valid and equitable reasons, that the board ought to have apportioned the school-house tax for 1870, in accordance with the precedent which they established in 1869; and we can see no good reason, in equity or justi e, why his decision ought to be reversed. AFFIRMED. A. S. KISSELL, Superintendent of Public Instruction. August 1, 1870. AARON PRYNE v. THE DISTRICT TOWNSHIP or YORK. Appeal from Tama County. SUB-DISTRICT. Composed of parts of two townships. Upon the written app'i- cation of two-thirds of the electors residing upon the territory within the town ship in which the school-house is not situated, boards of directors must divide the sub district. Preceding 1858, a school district was erected from territory located in York township, Tama county, and Kane township, Benton county. Subsequently, this district formed a sub-district, with its school-house located in York township, in aforenamed county, accord- ing to section 38, school laws, 1868. At a joint meeting of the boards of the district townships of Kane and York, March 26th, 1870, two- thirds or more of the electors residing on the territory located in Kane township, and attached to York township for school purposes, petitioned the boards to concur in setting back such territory to the township of Kane. The board of the latter district granted the request of the petitioners, but that of the district township of York refused. From the order of the latter, Aaron Payne appeals to the county superintendent who reverses the board's decision. L. P. Winterstein then appeals to this tribunal. No appearance fur appellant or appellee^ The case is purely one of law, as suggested by the county super- intendent. The transcript clearly shows that the petitioners had SCHOOL LAW DECISIONS. C. S. Boynton v. District Township of Lodomilio. complied with section 38, school laws, 1868, (Aaron Hicks, et al., v. Distric: Townships of Pleasant and Mantua.} The county super- intendent's decision of therefore AFFIRMED. A/. S. KISSELL, Superintendent of Public Instruction. October 7, 1870. C. S. BOYNTON v. DISTRICT TOWNSHIP OF LODOMILLO. Appeal from Clayton County. SCHOOL-HOUSE TAX. If the district township meeting neglects or refuses to vote the sum certified as determined by the electors of a sub-district for school- house purposes, or a sum adequate, it 'is the duty of the board to apportion such sum among ihe several sub-districts as justice n quires. The facts are these: The electors of sub-districts numbers One, Four, and Seven, of the district township of Lodomilio, Clayton county, Iowa, at their regular meeting in March, 1870, determined upon certain sums as necessary for the payment of debts resting on their respective school-houses, and certified the same to the next regular meeting of the electors of the district township of Lodomilio. The electors of said district township meeting, neglected to vote said amounts. The board of directors at their regular meeting in March, 1870, pro- ceeded to levy a tax of one-fourth of a mill on the entire district as voted by the district township meeting, and a tax directly on each of said sub-districts according to such rate per centum as in their judgment would meet the exigencies of each sub-district. From this action of the board an appeal was taken by C. S. Boynton to the county superintendent, who sustained the action of the board, from whose decision said C. S. Boynton appeals to the superintend- ent of public instruction. From the testimony in this case it is evident that the only point to be decided is whether the board erred in levying the amount of tax asked for by the sub-districts directly on the sub-districts them- selves, instead of apportioning it among the sub-districts of the township. The law is pla'n on this subject. The 5th specification under section 7, school laws of Iowa, explicitly empowers the elec'ors of a BlS SCHOOL LAW DECISIONS. Richard Huskins v. The District Township of Fremont. district township meeting legally assembled to vote a tax on the tax- able property of the district township, such as the meeting shall deem sufficient for the purchase of grounds, construction of school- houses, payment of debts contracted in the construction of school- houses, etc. Failing to do so, it was -obviously the duty of the board of directors to apportion the amount asked for by the said sub-dis- trict among the several sub-districts of the township. If in the judgment of the board the amount asked for was greater than the exigencies of the sub- district required, provision is made for levying the excess directly on the sub-distiict making the request. In gen- eral, the whole amount necessary to erect school-houses, or pay debts contracted in erecting school-houses, must be apportioned among the sub-districts of the district township, subject only to such restric- tions as are found in sections 12 and 28, school laws of Iowa. The decision of the county superintendent is therefore REVERSED. A S. KISSELL, Superintendent of Public Instruction. October 8, 1870. RICHARD HUSKIES, et al. v. THE DISTRICT TOWNSHIP OF FREMONT. Appeal from Johnson County. SUB-DISTRICT BOUNDARIES. It requires an affirmative vote of a majority of all tlie members ot the board to effect a chaiige in sub-district boundaries. The board of directors of the district township of Fremont, John- son county, Iowa, passed an order erecting a new sub-district, to be called number Eight, from parts of numbers Three and Six of said district township. From this order Richard Huskins et al. appealed to the county superintendent, who entertained a hearing of the case upon its merits, and after visiting the territory, rendered a decision affirming the action of the board. From this decision said Richard Huskins takes an appeal to this tribunal. Richard Huskins, Pro Se. J. D. Tewplin db Son, for appellets. From the transcript it appears that in course of the trial before the county superintendent, the fact was developed that, of the six SCHOOL LAW DECISIONS. W. D. Peck v. The District Township of Polk. members constituting the board of directors, but four were present at the special meeting called for the purpose of changing the district boundaries, and that of these four, only three voted for the order erecting the new sub-district. During the trial, a motion was made to dismiss the case on the ground of alleged illegality of the action of the board, as not in compliance with the provision of section 31, of the school laws ot Iowa. Said motion was overruled by the county superintendent, on the assumption that said section, when properly interpreted, requires simply an affirmative vote of a legally constituted quorum of the board at a meeting lawfully called, for the purpose of chang- ing the boundaries of a district, and not an affirmative vote of a majority of the whole board. The whole case turns upon the decis- ion of this point. In the case of James S. Dupray v. The District Township of Franklin, Bremer county, Iowa, (School Journal, April, 1870, p. 202), a decision was rendered by the superintendent of public instruc- tion, in accordance with such an interpretation of section 31 as makes it require an affirmative vote of the majority of all the members of the board to effect a change in district boundaries. See also note (b) to section 24, school laws of Iowa. The testimony shows that the resolution ordering the erection of a new sub-district did not receive the legal number of votes required to secure its adoption, and the decision of the county superintendent is therefore AFFIRMED. A. S. KISSELL, Superintendent of Public Instruction. November 21, 1870. W. D PECK, et al. v. THE DISTRICT TOWNSHIP OF POLK. Appeal from Jefferson County. 1. SUB-DISTRICTS. Should be, if possible, compact and regular in form; and in well populated district townships, two miles square is considered a desirable area lor each sub-district. 2. SCHOOL HOUSE SITE. It is important that the school-house site be located on a public road, and as nearly as practicable at the geographical center of the district. It appears from the transcript in this case that the board of direc- tors of Polk township, Jefferson county, on the presentation of a SCHOOL LA.W DECISIONS. W. D. Peck v. The District Township of Polk. petition from the majority of the inhabitants of sub district number Eight, of said district township, issued an order attaching a strip on the northeast from sub-district number Seven to number Eight, re-locating the school-house site, and arranging for the removal of the school-house from the present site to said new location. From this action of the board an appeal was taken to the county superin- tendent, who sustained the action of the board ; and from his decis- ion an appeal is taken to this tribunal. McCoid and Heron, for appellants. M. B. Sparks, for appellees. The trial before the county superintendent developed that the board of directors of Polk township have in contemplation the re- districting ol the entire township into sub-districts two miles square, and tli at the order providing for the change of boundaries in sub- district number Eight, is the initiatory step in that direction. The sub-district in question, previous to their order, had very inegu'ar boundaries; and, except that the district is too large for convenience without, further change in the boundaries, there would seem to be every reason for attaching the strip from number Seven. That being attached, the change of location and the removal of the school- house to a site occupying the geographical center of the sub-district with its changed boundaries, must lollow of course. Besides this, there seems to be the additional good reason fora change of location for the school-house site; the present site is not on a public road the one in prospect is, and as all the territory is in a condition to be easily and rapidly settled, the new site will, with the additional change in contemplation, be the exact geographical center of the sub-district. The action of the board in this case is manifestly of a discretionary character, and I can see nothing in the testimony that would induce the belief that they have in any way exceeded their prerogative, or abused their discretion. The decision of the county superintendent is therefore AFFIRMED. February 4, 1871. A. S. KISSELL, Superintendent of Public lnstructi< n SCHOOL LAW DECISIONS. H7 Daniel Kane v. The District Tawnship of Emmetsburg. DANIEL KANE, v. THE DISTRICT TOWNSHIP OF EMMETSBTJKO. Appeal from Palo A llo County. 1. SUB -DIRECTOR. It is the duty ot the sab-director, to negotiate and make in his sub-district, contracts for employing teachers, under such rules and regula- tions as the board may prescribe not inconsistent with law. 2. CONTRACT: Approval of by president. It is the duty of the president to approve the contract made by the sab-director with a teacher, if made in accord- ance with the rules and regulations established by the board. Daniel Kane, sub-director of sub-district number Two, in the dis- trict township of Ernmetsburg, Palo Alto county, employed one Henry L. Burnell as teacher in said sub-district, and drew up a written contract with him. On presenting said contract to the pres- ident of the board he refused to sign it. At a special meeting of the board of directors, held on the 29th of November, 1870, the contract of the sub-director with said Henry L. Burnell was ignored, and an order was issued to enter into a contract with one M. M. Lord, as teacher of the school in said sub-district. From this action of the board Daniel Kane and Henry L. Burnell appealed to the county superin- tendent, who reversed the action of the board, and from his decision Win. E. Cullen, president of the board, appeals to this depart- ment. Whatever may have been the established practice of the board in the matter of hiring teachers, their proceedings were manifestly ille- gal when they assumed to delegate to the sub-director a power with wlii eh the statute most explicitly clothes him, to wit, that of con- tracting with a teacher to take charge of the school in his sub-dis- trict. Section 47, echool laws of Iowa, makes it the duty of the sub- director to "negotiate and make in his sub-district all necessary contracts for providing fuel, employing teachers, etc.," and the sig- nature of the president and the approval of the board to contracts made in conformity with provisions of that section are by the same section made imperative, unless some reason that would be valid in law can be given for withholding suoh acquiescence. !Nb such rea- son is assigned in the testimony ; and the board evidently rests the main stress of its defense upon the practice alleged to be uniform in their proceedings of delegating to the sub-director the power to con- tract with a teacher for his sub-district. Such practice is manifestly illegal. Moreover when the said board issued an order to enter into contract with M. M. Lord as teacher for said sub-district, it was manifestly transcending its prerogatives and taking upon itself the duties of the suh-dir^ctor. It is clear from the transcript that all the SCHOOL LAW DECISIONS. Wm. Bleckley v. The District Township of Cedar. allegations of affiants, Daniel Kane and Henry L. Burn ell, of illegal proceedings on the part of the board are well sustained, and the decision of the county superintendent is therefore AFFIRMED. A. S. KISSELL, Superintendent of Public Instruction. April 7,1871. WM BLBCKLY, v. THE DISTRICT TOWNSHIP OF CP.DAR. Appeal from Floyd County. BOARD OP DIRECTORS: Appeal from order of. The board should be sustained upon appeal, ut. less they have violated law, abused their discretionary power, or have acted with manifest ir. justice. On the 31st day of October, 1870, the board of directors of the district township of Cedar, Floyd county, changed the boundaries of sub-district number Two, of said district township, located a site for a school-house in said sub-district, on the S. W. corner of the north half of the S. W. quarter of section nineteen, in said district town- ship,und contracted for the erection of a school-house on said site. From the action of the board locating the -school-house site, Wm. Bleckly appealed to the county superintendent, who, upon trial of the case, reversed said action, and fixed the site at corner of section thirty, in sub-district number Two, of said district township, where- upon A. J. Sweet, president of the board of directors, appeals to the superintendent of public instruction. It is not apparent from the transcript that there is any special grievance in the case. There is a controversy between the board and certain parties residing in the sub-district, respecting two sites at no great distance apart, and both on public roads, and alike easy of access. The only point fairly in litigation in the case, is the rela- tive dryness of these respective localities ; and so conflicting is the testimony, and so evenly balanced are the statements for and against both bites, that in the absence of more satisfactory evidence, I am compelled to conclude there is no great difference between them. The law provides that unless there be some clearly established point of grievance, making it manifest that the board has abused its discretion, its action in locating school-house sites shall be sus- tained. I am compelled, notwithstanding the judgment of the county superintendent to the contrary, to decide from the transcript SCHOOL LAW DECISIONS. H9 Geo. Recller v. The District Township of Jefferson. that there is not sufficient evidence in the case to make it clear that the board has abused its discretion. The decision of the county superintendent is therefore REVERSED. A. S. KISSELL, Superintendent of Public Instruction. April 26, 1871. GEO. RSDLER, et al., v. THE DISTRICT TOWNSHIP OF JEFFERSON. Appeal from Dubuque County. STKICTS: The division of a large and populous district township, into but four sub-districts, is not such division, as justice and the interests of the people require. The facts are these : At a special meeting of the board of direc- tors held January 19th, 1871, a petition from certain citizens of sub- district number Three, in the district township of Jefferson, Du- buque county, was presented praying for a change of boundaries of sub-district numbers Three, and Four, and the formation thereby of a new sub-district to comprise sections twenty-two, twenty-seven, and thirty-four, in the township aforesaid. The board refused to grant said petition, and from this action, George Redler, et al., ap- pealed to the county superintendent, who reversed said action, and in compliance with the request of petitioners erected a new sub- district, from portions of numbers Three and Four, as before named. From this proceeding Richard Alderson, in behalf of the board appeals to the superintendent of public instruction. The testimony of a full transcript goes to show that there is urgent necessity for some such re-districting as the petitioners eeek. Sec- tion 24 school laws of Iowa, makes it imperative on boards of direc- tors to divide their townships into sub-districts, such as justice and equity and the interests of the people require, and when it appears in evidence that the largest and most populous township in the county of Dubuque, with a school population of 642 children, has- but four sub districts, and very inadequate school accommodations, some of the children having over four miles to go to get to school, and some of them cut off entirely from school privileges, it is impos- sible to resist the inference that the board in refusing to erect a new sub-district in the territory aforesaid, have not fully considered the SCHOOL LAW DECISIONS. A. A. Prinyer v. The District Township of Hardin. duty imposed upon them in the above statutory provision. More- over, it appears from the plat of the territory furnished to this office, that the configuration of land is such, that the way to school for certain portions of inhabitants of number Four, both to their own school-house, and to that of number Three, is largely obstructed by streams, and bluffs, making it especially urgent that a new sub- District be erected between the sub-districts, as requested by peti- tioners. These are deemed sufficient reasons for reversing the ac- tions of the board, and sustaining the order of the county superin- tendent, in erecting the sub-district as aforesaid. AFFIRMED. A. S. K1SSELL, Superintendent of Public Instruction. May 3, 1871. A. A. PRINTER v. THE DISTRICT TOWNSHIP OF HARDIN. Appeal from Greene County. 1. EVIDENCE : Orcd. Not adinissable when written is obtainable. 2. SCHOOL HOUSE SITE. Should be in center of sub-district when practicable. 3. . Location of, a discretionary act and should be sustained on appeal unless manifestly unjust. The board of directors of the district township of Hardin, Greene county, on the 20rh day of March, 1871, voted to remove the school- house to the center of the original sub-district number Two, from which action A. A. Prinyer successively appeals to the county super- intendent and superintendent of public instruction. H. C. Rippey, for appellant. Jackson <& Potter, for appellees. In the record of the proceedings of the board as certified in the secretary's transcript it is stated " that it was voted that the school- house in sub-district number Two be moved to the center of the original district." An attempt is made in the trial before the county superintendent by affiant's counsel to make an issue on the legal boundaries of sub-district number Two and settle the meaning of SCHOOL LAT DECISIONS. Geo. Waltz v. The District Township of New Albany. the expression "original district" in the record of the action of the board. But in the absence of other than parol evidence which can- not be admitted, in a case where a written instrument is required by the immediate authority of the law, we are obliged to infer that the intent of this action of the board is to remove the school-house to the center of sub-district number Two. The school-house is thus placed in the geographical center of a sub-district consisting of four sections of land, all parts of which are equally capable of be- ing settled; and although the majority of the school-going children at present reside west of the proposed site, it is clear from the testimony that the few residing east would be at greater inconveni- ence as to distance at least in getting to the school-house on the old site than the many will be in getting to the point to which the school-house is ordered to be removed. The obstructions are such as can easily be remedied for children now or hereafter residing in any part of the district. In fixing a site the board is required to consider the convenience of the people of each portion of the sub- district, but as some inconvenience will always be experienced, it is sufficient that no part of the territory be subject to greater incon- venience than its corresponding part in the same sub-district. Hence the necessity, unless prevented by controlling circumstances, of fix- ing the site in the geographical center of the sub-district. See the case ol Seba Norton v. the District Towns/lip of Oresco. It should be remembered that acts of this kind are of a discretionary char- acter on the part of the board of directors, and will not be interfered with unless it is fully apparent that such action transcended the authority of the law, or was done under the influence of passion or prejudice or with manifest injustice to the inhabitants of a sub-dis- trict. The testimony which is full in this case does not in my judg- ment convict the board of an abuse of discretion. The decision of the county superintendent, sustaining the action of the board, is therefore AFFIRMED. A. S. KISSELL, Sujjerintendent of Public Instruction. July 10,1871. GEO. WALTZ v. THE DISTRICT TOWNSHIP OF NEW ALBANY. Appeal from Story County. MOTION. A motion to dismiss the case should not be granted on the ground that the affidavit was not filed with the county superintendent in person ; that the s!6 122 SCHOOL L.VW DECISIONS. Geo. Waltz v. The District Township of New Albany. affidavit could not be produced at trial, or that the notice is insufficient or irregular. On the eighteenth day of September, A. D. 1871, the board of directors of the district township of New Albany, Story county, refused to grant the petition of Geo. Waltz and others, praying that the territory of said township be re districted. From this refusal Geo. Waltz appealed to the county superintendent, who, on the day of trial, November 9th, 1871, on motion of defendant, dismissed the appeal for the following reasons, to-wit: 11 1st. That the deputy superintendent acted in said appeal case instead of the county superintendent. 2d. That there was no affidavit tiled with the county superin- tendent. 3d. By the testimony of one J. R. Gage, it appears that an affidavit was filed in the office of the county superintendent, but Geo. Waltz could not supply the affidavit on oath." From this decision Geo. Waltz appeals to the superintendent of public instruction. J. S. Frazier for appellant. Dana <& Balliet for appellee. From the testimony it appears, 1st. That Waltz filed an affidavit of appeal in the office of the county superintendent with J. R. Gage, who was acting as assistant under specific directions from the superintendent in his absence. 2d. That said Gage marked the affidavit filed, and issued the usual notice to the secretary of the district board of said township. 3d. At the trial before the county superintendent, the affidavit of said Waltz was called for but could not be found It does not appear that the affiant, Geo. Waltz, failed to comply with the requirements of the law in regard to appeals; and since the affidavit was placed in the hands of a responsible person having charge of the office of county superintendent, the affiant will not lose his cause through absence or neglect of said superintendent. The appellee having made an appearance before the county superintendent, a motion to dimiss on account of insufficiency or irregularity of the notice should not be granted. The note on section 2840 of the Revision of 1860 says: "If the defendant is there by reason of the notice, it has served its office." " If that has brought him to court, he can make no objection to it." We can SCHOOL LA.W DECISIONS. 123 Benjamin Whicker v. The District Township of Chariton. Fcarcely expect a county superintendent to be more rigid in his ruling than courts of law. The note to section 64 of the school laws of Iowa says: "In case of temporary absence from the county, or of s : ckness, the superintendent may authorize another person to discharge specific duties." In the case of Smith v. The District Township of Ma- quoketa, page 72, School Law Decisions, the following language is used : " The object of this system of appeals is to promote unifor- mity in the operations of school laws ai;d the attainment of sub- stantial justice, and this object should not be defeated by technical objections." The same reasoning applies to the affidavit which could not be produced at the time of the trial. Its loss did not prejudice the interests of either party; it had already performed its office, and is to be presumed perfect and regular, in the absence of proof to the contrary. The brief testimony taken on the points above named indicates that the rights of the affiant were not duly considered in the action of the county superintendent dismissing the case; and, the parties being present, the examination of the case should have pro- ceeded upon its merits. The decision of the county superintendent is therefore reversed, and the case remanded for a re-hearing. REVERSED. ALONZO ABERNETHY, Superintendent of Public Instruction. January 12, 1872. BENJAMIN WHICKER v. THE DISTRICT TOWNSHIP OF CHARITON. Appeal from Appanoose County. SUB-DISTRICTS. When it becomes necessary to reduce a sub-district in extent, the township should be re-districted, unless sub-districts can be formed by division, of compact shape, and sufficiently large to sustain good schools. ^On the 18th of September, 1871, the board of directors of the district township of Chariton, Appanoose count} 7 , refused to grant the petition uf Benjamin Whicker and others, asking the division of sub-district number Four, into two sub-districts. On the llth of October said Whicker appealed to the county SCHOOL LiW DECISIONS. Benjamin Whicker v. The District Township of Chariton. superintendent, who after hea-ing the testimony, reversed the de- cision of the board, and created a new sub-district in accordance with the prayer of the petitioners. From this decision Win. McDaniel and Wm. Fleener, appealed November 27, 1871, to the superintendent of public instruction. Harris and Vermilion, for appellant. ]S r o appearance for apj el lee. The sub-district in question, contains six and three fourths sec- tions of land, and is in the form of an L, being the portion of a tract three miles square, less a piece one and one-half mi es square, taken out ot the south-west corner. The petition asked that a new sub- district be formed by cutting from the south east corner, a tract of land two miles in length and one and one-half miles in width, leav- ing the o d sub-district three miles long and from one to one ?nd one-half miles wide. The sub-division seems to have been asked for, principally for two reasons. 1st. That there were enough persons between the ages of 5 and 21 years in the territory for two schools, viz: seventy-five. 2nd. That a few of them were required to travel to > great a dis- tance to enjoy school privileges. It is doubtful if the first of these positions was fully sustained; according to the last b'ennial report from this office, less than seventy-five per cent, of those of school age attend the common schools at all in the state, while the average attendance is but forty-five per cent. This would give an average of thirty-four, and an entire probable attendance of but fifty-six in this sub-district. It does not appear from the transcript that the school-house is not large enough to accommodate the pupils of the sub-district. A wide diversity of opinion exists as to what should be the area of sub-dis- tricts in thinly populated townships; but it is conceded that tney should not contain less than four sections of land, unless for good reasons. Former decisions from this office have uniformly discour- aged the dividing of territory into small sub-districts. In the case of Markley v. The District Township of Ludlow, School Law De- cisions, this language is used, "As a general rule, it is better to have large sub-districts with good school-houses well furnished, than to have small sub-districts and poorly furnished school-houses. This view is entertained, not only by the prominent educators of Iowa, but by those of other states. The danger is that we may continue to divide and sub-divide, until the sub-districts become so numerous that the school buildings will be of an inferior character, aud the SCHOOL LAW DECISIONS. 125 Benjamin Whicker v. The District Township of Chariton. schools taught in them practically worthless. The common school reform in other states has been characterized by the consolidation rather than the division of districts. Iowa should avoid the neces- sity for consolidation by keeping the sub-districts of a good, life- sustaining size. As the number of sub-districts is increased beyond a certain limit, the size of the schools will naturally be diminished; and when the schools are small there is a very common feeling that the teachers must be cheap, hence the instruction is poor." While the evidence from the transcript does not clearly prove the necessity for another school, neither does it show a dt cided wish on the part of the inhabitant for a division. It seems that there were twenty names on the original petition asking for the sub-division, and that seven of these afterwards, with nineteen others, signed a remonstrance against such action. The county superintendent seems to have acted in good faith, and to have done what he thought was best, but it is doubtful if he had such authority. His first and main question should have been, "Have the board of directors abused its discretion, or acted through passion or prejudice?" De- cisions have been given so often from this office that the discretion- ary power of boards of directors "will not be interfered with unless it is fully apparent that such power has been abused," (see Edwards v. Dist. Twp.^ West Point, p. 69, School Law Decisit ns,) that we will not now enter into its discussion. Much as we desire to sustain county superintendents in appeals, it cannot be done if they exceed their authority, or reverse the action of boards of directors without clear and cogent reasons. Even if we admit that it would be better to divide the territory which is virtually about five miles long and one mile and a half wide into two sub-districts as proposed, there would still be a ques- tion whether this arrangement would continue long to give satisfac- tion. A sub-district three miles long by one to one and one-half wide is not of convenient shape. But this is not the only alterna- tive. That the time will shortly arrive when the sub-district under considerat ; on should be reduced in extent is doubtless true; but in such reduction the entire township will probably be re-districted, making each sub-district of a more compact form, and thus furnish- ing better educa'ional facilities for all pupils residing within irs limits. In our opinion the evidence does not sustain the county superin- tendent in the formation of a new st^b-district contrary to the de- cision of the board of direc ors, and his decision is therefore REVERSED. ALONZO ABERKETHY, Superintendent of Public Instruction. March 4, 1872. 126 SCHOOL LA.W DECISIONS. Benjamin Archer v. The District Township of Warren. BENJAMIN ARCHER v. THE DISTRICT TOWNSHIP OF WARREN. Appeal from Bremer County. 1. SOB-DISTRICTS : Four sections of land is considered the minimum area that a sub-district should contain. 2. JURISDICTION : A meeting of the board which is an adjourned one from the regular uiee'irig in September, may change sub-district boundaries if the prop- osition to make sush change was presented at the regular meeting. On the 2nd clay of Octob' r A. D ,' 1871, at a meeting of the dis- trict township board of Warren, Bremer coun r y, held pursuant to an adjournment' from the regular meeting ia September, a petition by Benjamin Archer and others, was presented, asking that the territory nov; embraced in sub-districts One, Two, and Three, be formed into four equal sub-districts ; which petition was refused by the board of directors. On the 25th day of November 1871, the county superintendent on appeal reversed the action of the board and created the tub- districts One, Two, Three, and Four, in accordance with the prayer of the petitioners. From this decision the district township of Warren through their president D. A. Bush, take an appeal to the superintendent of public instruction. Gray & Dougherty for appellant. H. P. Krown for app<-llee. It appears from the transcript in this case, that the west one-third of Warren township, being a tract twelve miles long and two wide, was divided by the board of directors two or three years since into three sub-districts, each two miles square, and numbered One, Two, and Three. In sub-districts numbers Two and Three, the geograph- ical centers are at the intersection of two roads. In number One, the roads intersect at a point eighty rods south of the center. There appear to be no considerable natural obstacles in the terri- tory in question, and school-houses located at the centers of the sub- districts can all be reached by well traveled roads. The decision of the county superintendent is, that the territory be divided into four sub-districts, each one and one-half by two miles in extent. In this case only one of the four school-houses if located at the geographical centers of sub-districts would be on a cross road. It is evident that as we diminish the area of the district, we lessen the average distance of the pupils from the school-house and improve SCHOOL LAW DECISIONS. Benjamin Archer v. The District Township of Warren. the school facilities so far as distance alone is concerned. This will strictly hold true, however, onlj as the form of the district remains a square and roads are favorable for reaching the school-house. It is evident that school-houses should, when practicable, be located at or near the center of sub-districts, at the intersection of roads; and that the most desirable form of a sub-district is that of a square. Where roads coincide generally with section lines, these conditions cannot be complied with if sub-districts contain less than four sections of land. The area of sub districts should depend somewhat upon the density of the population ; in thinly populated districts they should be of greater extent than in well settled localities. The desire of the patrons to be located conveniently near to school-houses, serves to correct any tendency to embrace too great an extent of territory. " The danger is that we may continue to divide and sub-divide until the sub-districts become so numerous that the school buildings will be of an inferior character, and the schools taught in them practically worthless." See Markley v. District Towns/tip of Ludlow, /School Law Decisions, page 85 ; hence the necessity of establishing a limit beymd which we should not go in reducing sub-districts in extent unless for peculiar and cogent reasons. What that limit should be is a matter depending upon the circumstances of the case, and should be determined by the exercise of sound judgment and discretion. When pupils become too numerous to be instructed by one teacher, and to be accommodated by the existing school buildings, much greater efficiency will be secured by adding thereto or erecting more com- modious buildings, securing the assistance of an additional teacher, or teachers, as circumstances require, and grading the school, than by reducing in area a sub-district which now contains but four sec- tions of land. A consideration which should have weight with an appellate tri- bunal, is as follows: "It is a general principle of law that the exercise of discretionary power will not be interferred with unless it is fully apparent that such power has been abused. * * * In changing sub-district boundaries and locating school-houses, the law gives the board of directors original jurisdiction; and as it is discretionary power the action of the board should be affirmed on appeal, unless it is fully apparent from the evidence that the board violated law or abused its discretion. If there is a reasonable doubt, the board is entitled to its benefit. The action of the board may not be wholly approved by the county superintendent, but if it be not illegal or clearly unjust, it. should be sustained" See Edwards v. District Township of West Point, School Law Decisions, p. 69. Another important question connected with this case is, "Had the board authority to grant the prayer of the petitioners to change 228 SCHOOL LAW DECISIONS. Hirarn Dayton v. The District Township of Cedar. sub district boundaries at a meeting held October 2, which was convened pursuant to an adjournment of the regular meeting in September?" If it had not, the county superintendent, being in this case an appellate tribunal, had no greater authority in the matter than the board, hence could not change sub-district boundaries. It is conceded that the board could perform any act at such meeting which could have been done at the previous regular meeting, provided the matter was presented to the official notice of the board at the origi- nal meeting. Section 24 of the school law provides that sub district boundaries shall be changed at the " regular meeting in September, or at any special meeting called thereafter for that pvrpose" The intent of the law, as we understand it, being that if changes are to be made at any other time than at the regular meeting in September, the members shall have notice, and due time for considering any pro- posed changes. It appears from the evidence in this case that no such presentation was made at the previous meeting, hence we believe that the county superintendent had no authority to change sob-district boundaries on this appeal. For the several reasons stated we cannot sustain the action of the county superintendent, and his decision is therefore REVERSED. ALONZO ABER1STETHY, Superintendent of Public Instruc.wn. March 15, 1872. HIRAM DAYTON, Appellant, v. THE DISTRICT TOWNSHIP OF CEDAR. Appeal From Washington County. APPEAL: An appeal will not lie from an order of a board of directors mak- ing a change in districit township boundaries, when the concurrence of another board is^necessary to complete such change. On the 18th day of September, 1871, the board of directors ot the district township of Cedar, Washington county, passed a resolu- tion to attach a portion of sub-district number Three to sub-district number Ten, in the same township. On the lith day of October, Hiram Dayton appealed from the action of the board to the county superintendent, who, on the 12th day of December, 1871, on motion of appellee, dismissed the case for want of jurisdiction. SCHOOL LAW DECISIONS. 129 Hiram Dayton v. The District Township of Cedar. From this decision an appeal is taken to the superintendent of public instruction. J. F. Brown for appellant. McJunkins and Henderson for appellee. From the transcript it appears that the sub-district number Three, concerning which the appeal is taken, is one of those school dis- tricts formed prior to March, 1858, and for which special provision was made when our present district township system was adopted. It consists of about three sections of land in Cedar township and nearly the same amount in Seventy-Six township, with its school- house in Cedar, and hence all under the control of the district town- ship of Cedar for school purposes. Section 89, school laws, provides that " the boundaries of such sub-district shall not be changed, except with the concurrence of the boards of directors of the townships interested." The board resolved that the west half of sections eighteen, nine- teen, and thirty, lying in sub-district number Three, be attached to sub-district number Ten for school purposes. The appellant in his affidavit alleges among other errors com- mitted by the board, that they erred in attempting to attach this tract to number Ten, for the reason that said act was in effect dividing the sub-district without the concurrence of the board of directors of Seventy-Six township, and therefore illegal. The attorneys for appellee file a demurrer to the affidavit " because the said affidavit shows that the concurrent action of the two boards is necessary to divide said sub-district," that this resolution being only the initiative act, does not divide the district, and is with- out force till concurred in by the other board, that no appeal can be had from an incomplete action, and that the appellant had as yet suffered no grievance, and had no ground of appeal. The county superintendent sustained the demurrer and dismissed the case for want of jurisdiction. This case involves an interesting question, and one, we believe, not hitherto determined by this department, viz: In those changes of boundaries requiring the concurrent action of two boards, from which action, if aay, will an appeal lie? In a somewhat analagous case, found on page 34, School Law Decisions, a petition was presented to a board of directors to change the boundaries between a district township and an independent district, the petition was refused ; an appeal was taken to the county superintendent who not only reversed their action, but decided to do si 7 130 SCHOOL LAW DECISIONS. Hiram Dayton v, The District Township of Cedar. more than the one board could have done, and ordered the changes to be made. This decision, we think, was very properly reversed; for the rea- son that the county superintendent could not do on appeal what was clearly beyond the power of the board, from which the appeal was taken, the concurrence of another board being necessary to complete the action. Another question, however, wholly distinct from this is, has a county superintendent any jurisdiction in such a case ? Can he properly affirm or reverse the decision of a board that initiates a movement which is completed or not at the option of another board ? After careful consideration we are forced to the conclusion that he cannot. That an appeal will not He from an order of a board of directors making a change in district township boundaries, where the concurrence of another board is necessary to make the change. Other- wise a county superintendent may have to entertain and decide upon two appeals in one and the same case. This, in our opinion, would lead to confusion and unnecessary litigation. The law provides that, " any person aggrieved by any decision or order of the district board of directors, in matter of law, or fact, may appeal therefrom to the county superintendent." But if the order or decision is sim- ply the initiative movement, though the action is not void, it remains inoperative, and without force, until concurred in, and does not of itself constitute a cause of grievance. In our opinion equal and full justice will be secured in all such cases if the appeal is taken only from the action of the board concurring or refusing to concur with the former action of another board interested. From this we believe an appeal should lie. . In the case before us, if the board of directors, as alleged in the affidavit, seek to do an illegal act,, or refuse to perform any duty imposed by law, they can be restrained by injunction, or compelled to do their duty by a resort to the civil courts. It is therefore held that the county superintendent properly dis- missed the case for want of jurisdiction, and his decision is there- fore AFFIRMED. ALONZO ABEKNETHY, Superintendent of Public Instruction. March i 2, 1872. SCHOOL LAW DECISIONS. 13 [ Nels Jacobson v. The District Township of Lafayette. NELS JACOBSON v. THE DISTRICT TOWNSHIP OF LAFAYETTE. Appeal From Story County. SUB-DISTRICT. Erection of from adjoining district townships : The county superintendent will be sustained on appeal in erecting territory into a sub-dis- trict in an adjoining district township, under the provisions of section 25, school laws, if such territory is attached to the adjoining district township by reason of natural obstacles. From the record in this case it appears that there is about a sec- tion of land lying in the southwest corner of Howard township, Story county, containing from twenty -five to thirty persons of school age, cut off from the rest of the township by Skunk river. At a meeting of the board of directors of Howard township, held on the 24rth day of September, A. D. 1870, it was resolved " that this territory embracing the southwest one-fourth and the west one- half of the northwest one-fourth of section thirty; also the southwest one-fourth of the north-east one-fourth, the west one-half of the southeast one-fourth, and the west one-half of section thirty-one, Howard township, be attached to Lafayette township for school pur- poses." At a meeting of the board of directors of Lafayette township, held October 15, 1870, it was resolved " that the land attached to Lafayette from Howard township be supplied with a school for a term of three months this year. " Nels Jacobson, the appellant, being appointed sub-director. It does not appear that the territory was erected into a sub-district until the case was appealed to the county superintendent September 18th, the petition of Nels Jacobson and others was presented to the board of Lafayet e township, asking that the said territory be erected into a sub-district, which petition was refused by the board on the ground that the territory was not legally attached to Lafayette township for school purposes. From this refusal Nels Jacobson appealed to the county superintendent, who, on the 6th day of January, 1872, reversed the action of the board, and erected the territory with other of Lafayette township, into a sub-district. From this decision the district township, through their president, appeal to the superintendent of public instruction. W. A. Wier, for appellant. J. S. Frazier, for appellee. In this case, the county superintendent has done on appeal only J32 SCHOOL LAW DECISIONS. Rnfus Cheney v. The District Township of Pleasant Valley. what he had a right to do originally. The board of Howard town- ship having passed a resolution, taking the initiative step in such transfer of territory, the county superintendent, if he believed that " natural obstacles" required such action, should have erected the territory into a sub-district, and transmitted his order to the secretary of each district, and the transfer would have been complete. As to the advisability of attaching this strip of land, which is about one-half a mile wide, by two in length, there can be but little doubt. It need not finally increase the number of sub-districts in Lafayette township. It might be well to increase the size of this sub-district by the addition of territory on the west, unless the existence of unbridged streams makes such action impracticable. The board of directors are at liberty to make such changes in the boundaries established by the decision of the county superintendent in this case as the interests of the schools of their township require, if in so doing they provide school facilities for the residents of the territory in question. We are fully satisfied from an examination of the evidence, and the plats and maps of that and the surrounding territory, that the action of the county superintendent shuuld be sustained; his decis- ion is therefore AFFIRMED. ALONZO ABEKKETHY, Superintendent of Public Instruction. April 15, 1872. RDFUS CHENEY v. THE DISTRICT TOWNSHIP OF PLEASANT YALLEY. Appeal from Scott County. SCHOOL HOUSE SITE. The power to fix, carries with it the power to change the site of a school-house by the district board. On the 20th day of March, A. D. 1871, Philip Earhart and others petitioned the board of directors of the district township of Pleasant Valley, Scott county, to change the location of the school-house in sub-district number Two, of said township. The petition was ordered to be placed on file. May 1st, 1871, a remonstrance was received and placed on file. The consideration of the petition was deferred from time to time SCHOOL LAW DECISIONS. 133 Kufus Cheney v. The District Township of Pleasant Valley. until the 16th of December, 1871, and then rejected. Eufus Che- ney appealed to the county superintendent, who on the 26th of Jan- uary, 1872, reversed the action of the board and established a site in accordance with the prayer of said petition, from which decision Geo. J. Hyde appeals to the superintendent of public instruction. Foster & Gabber t and Cook <& Browning for appellant. James T. Lane for appellee. The above case presents strong points on either side. The appel- lants ask that the decision of the county superintendent be reversed for the following among other reasons: 1. That he exceeded his authority in locating the school-house site. That the board had no authority to remove the school-house until funds had been voted for that purpose by the electors ; neither had the county superintendent. That they could not procure a new site until the old one was disposed of. 2. That the old site is at the intersection of two good and well traveled roads; that the new one selected is on a narrow, unfre- quented road. 3. That the sub-district is already in debt for the repairs recently made on their school-house, and should not incur an additional indebtedness now for its removal. 4. That appellees should have made their application for the re-location before the house was repaired; that having neglected that favorable opportunity they are now estopped. 5. That a majority of the residents of the sub-district are opposed to the removal. There seems to have been a question formerly whether the authority under the school law to remove school-houses from one location to another belonged to the electors or to the board of direc- tors. ^ At the December term of the supreme court, 1867, it was decided that "the power to fix, carries with it the power to change the site of a school-house by the district board," and for some time previous to this decision the same view was held by this department. The board clearly have jurisdiction in fixing and changing sites, and removing school-houses, and their action in this matter is not dependent on any previous action of the electors. It appears from the evidence that the new site is on a public road, on high, rolling ground, and accessible from all parts of the sub- district, and that the site originally selected for the sub-d ; strict in question approximated closely to the one established by the county ] 34 SCHOOL LAW DECISIONS. Rufue Cheney v. The District Township of Pleasant Valley. superintendent, and that subsequently territory from an adjoining township was annexed to the sub-district, the site being moved three-fourths of a mile to the north and east to accommodate the residents of the territory thus annexed. The said territory was afterwards detached and the original boundaries of the sub-district restored; since which action the inhabitants of the southern and western portions have felt and expressed a desire for the removal of the school-house to a more central location. The feeling that it should and would ultimately be removed has been so strongly and generally expressed throughout the district that for years the neces- sary repairs were neglected. It further appears that a large indebtedness to adjoining town- ships has been incurred by the district township of Pleasant Valley fur the tuition of those pupils residing in the southern and Western portions of the sub-district. If Pleasant Valley is incurring a large annual expense for the instruction of portions of its population in adjoining townships, and its own school is thereby reduced very considerably in numbers, in efficiency, and in interest as certified by the county superintendent, and if, as he says, by the removal of the school-house to the new site "this expense would be avoided, the school would be much larger and more efficient, and the expense of maintaining it no greater than at present," it might be only true economy to incur even the maximum expenditure named to remove the house to the new site. The expense of moving school-houses is usually defrayed from the contingent fund, and in this case there need be no indebt- edness and but a very small tax for that purpose. The important question, however, it seems to us is, does equity require that the school-house be at the old or new site ? do the per- manent and best interests of the sub-district require if s removal ? will the convenience of each portion of the whole sub-district be best subserved thereby ? If so, the decision of the county superintend- ent was right. It appears to us from all the facts presented that the board erred in rejecting the petition, and that the action of the county superin- tendent reversing their decision should be sustained. His decision is therefore AFFIRMED. ALONZO ABEEKETIIY, Superintendent of Public Instruction. May 13, 1872. SCHOOL LAW DECISIONS. 135 W. W. Harvey v. The District Township of Stapleton. W. W. HARVEY v. THE DISTRICT TOWNSHIP OF STAPLETON. Appeal from ChicJcasaw County. 1. AFFIDAVIT : May be amended in the discretion of the county superinten- dent. 1. SUB -DISTRICT ; When a sub-district composed of four sections of land has built its own school-house, it should not be consolidated with another as a tem- porary expedient to avoid the expense of maintaining a school. 3. ; The formation of small or irregularly shaped sub-districts should be avoided. Upon the petition of William Fox and others, the board of direc- tors of the district township of Stapleton, Ohickasaw county, on the 6th day of February, A. D. 1872, changed the boundaries of sub-dis- tricts, whereby numbers Six and Seven were consolidated. Appeal was taken from this action by W. W. Harvey, to the county superintendent, who on the 25th day of March, 1872, reversed their action. The board, through their president, Michael Burns, appeal to the superintendent of public instruction. Powers & Kenyon, for appellant. No appearance for appellee. The irregularity of the notice to the members of the board will not invalidate their action. It is held that the superintendent did not err in permitting the affidavit to be amended. See Smith v. The District Township of Maquoketa. The evidence adduced at the trial before the county superinten- dent aids us but little in determining whether the action of the board or that of the county superintendent will best promote the interests of the district. The board seem to have decided that the school in sub -district number Six might for the present be discontinued and proceeded to incorporate that district with number Seven, but it appears to have been only a temporary expedient, for the purpose of avoiding the expense of an additional school. If one school would suffice for the two sub-districts, the board might, doubtless, have obtained the consent of the county superintendent to discontinue the school in number Six, and permit those of its pupils who reside farthest from the school-house in number Seven, to attend school in the adjoining sub- districts. It is greatly to be regretted that townships are often SCHOOL LAW DECISIONS. W. W. Harvey v. The District Township of Stapleton. divided into small sub-districts before euch action is demanded by the best interests of the residents. The efficiency of the schools would be increased and the expense diminished if boards of direc- tors in new and thinly populated townships would avoid the forma- tion of small sub-districts. But when a sub-district has been formed containing four sections, and a good school-house has been built in the center (especially if built as in this case by the sub-district itself) boards should act with extreme deliberation, in making such changes as will require the removal of school-houses. The district formed by the board February 6th, 1872, consists of seven and one-half sections of land, and contains according to the plat, sixteen families. The area is not considered too great when so thinly populated,, but the length of the sub-district as compared with its width and its irregular outline are very objectionable features, not only causing inconvenience to the residents of this sub-district, but also prevent- ing the formation of sub-districts of compact form from territory immediately adjoining. The board of directors may at their next regular meeting in Sep- tember, re-district the township, or so much of it as may be neces- sary, making the sub-districts as compact and regular in shape as practicable, otherwise the decision of the county superintendent is AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction . July 25, 18T2. INDEX TO APPEAL CASES. AFFIDAVIT PAGE. The affidavit may be amended when such action is not prejudicial to the rights of any party interested 72 An affidavit is a statement in writing, signed and made upon oath before an authorized magistrate 76 May be amended in the discretion of the county superintendent 135 APPEAL An appeal may be taken at any time within thirty days from the rendi- tion of the order complained of 7 May be taken from an order of the board which is in effect the affirm- ance of a former action 16 Waiver of right of. Where an agreement between the parties stipulates that the decision of the county superintendent shall be final, the case will not be heard by the superintendent of public instruction on ap- peal 30 An appeal will not lie from an order of a board of directors making a change in the boundaries of the district township, where the concur- rence of the board of an adjoining district township is necessary to effect the change. 34, 128 All unwise or inexpedient action of the board, whether of law or of fact, when within their powers, must find its correction by an appeal to the county superintendent 78 BOARD OF DIRECTORS The acts of a board are presumed to be regular, legal and just, and should be affirmed by the county superintendent, upon appeal, unless proof is brought to show the contrary 4, 5 The board should be sustained upon appeal, unless they have violated law, abused their discretionary power, or have acted with manifest injustice 4, 118 Power of to erect school-house. The board cannot contract for school-house without authority from the electors 29 CONDITIONAL JUDGMENT May be rendered if the interests ot the district require 68, 74 CONTESTED ELECTION Sub-director. The right to hold and exercise the office of sub-director, in case of contest, must be determined by the district court, under an information in the nature of a quo warranto 53, 105 Sl8 137 138 INDEX CONTESTED ELECTION CONTINUED Jurisdiction. The proper method of determining a contested election for school director is by an action in the nature of quo warranto, brought in the district court 97 CONTRACT- Approval of by president. It is the duty of the president to approve the contract made by the sub-director with a teacher, if made in accord- ance with the rules and regulations established by the board 117 COUNTY SUPERINTENDENT Jurisdiction of. The county superintendent is not limited to a reversal or affirmance of the action of the board, but he determines the matter brought upon appeal, which was determined by the board 43 May upon appeal create sub-district 72 Has no jurisdiction of an appeal until an affidavit is filed 76 Should not reverse an action of the board of directors which is in accord- ance with instructions of the superintendent of public instruction. .. 81 At the hearing of an appeal before the county seperintendent, it is com- petent for him, upon his own motion, to call additional witnesses to give testimony 93 DEFAULT The decision of the county superintendent when rendered by default, will be affirmed unless the parties have failed to receive proper no- tice, or other good reasons are shown to exist, for failure to appear. 68 DISTRICT TOWNSHIP Should not ordinarily contain more than nine sub-districts . . 81 ELECTION Evidence of. The certificate of the officers of the annual sub-district meeting is the legal evidence of election as sub-director, and as a general rule a board of directors is justified in declining to recog- nize a person as a member of the board until he produces such cer- tificate 97 EVIDENCE Parol. Can not be received in the absence of allegations of fraud, to con- tradict or impeach the validity of school-district records 93 Oral, Not admissible when written is obtainable 120 FUND Teachers'. Electors at the district township meeting cannot legally vote to make each sub-district independent in reference to teachers' fund 05 Contingent. The use of the contingent fund for the purpose of building a school-house is unauthorized by law and is clearly illegal 99 TO SCHOOL LAW DECISIONS. 139 INDEPENDENT DISTRICT Cannot be formed from a portion of an incorporated town which con- tains less than three hundred inhabitants 107 JURISDICTION The affidavit must show that the affiant is a citizen injuriously affected by the action of the board, giving sufficient data to establish his claim to a hearing 25 The decisions ot the county superintendent are reviewed upon evidence submitted at the time of the trial before the county superintendent. 39 An adjourned meeting of the board may do what a previous one might have done 45 The county superintendent can do upon appeal only what the board, originally had power to do 62 Afr.er the expiration of thirty days the county superintendent can ac- quire no jurisdiction in appeal cases 78 In taking an appeal from the decision of a county superintendent, the affidavit must be filed in the office of the superintendent of public in- struction before the expiration of thirty days from the rendition of the decision complained of 89 In an appeal to the superintendent of public instruction the filing of the affidavit by appellant with the county superintendent, even if done within the time required, is not such a compliance with the law as will give the superintendent of public instruction jurisdiction of the case 89 An application for an appeal filed within thirty days from the act of the board complained of will not give the county superintendent juris- diction of the case. The appeal must be taken by affidavit 102 The county superintendent has not jurisdiction of cases involving a money demand 110 A meeting of the board which is an adjourned one from the regular meeting in September, may change sub-district boundaries if the proposition to make such change was presented at the regular meeting 126 LIABILITY OF DISTRICT BOARD Where a board of directors refuses to draw an order on the treasurer for the amount of a judgment obtained against the district, and there- fore a judgment is obtained against the individuals composing the board, the claim against the district has expired, and the board has then no power to draw such order 8 A board of directors has no power to levy a tax for the benefit of school house fund, unless authorized so to do by a vote of the electors 8 MOTION When a motion to dismiss is overruled, the superintendent should pro- ceed to try the case upon its merits 7 140 INDEX MOTION CONTINUED A motion to dismiss the case should not be granted on the ground that the affidavit was not filed with the county superintendent in per- son ; that the affidavit could not be produced at trial, or that the notice is insufficient or irregular 121 NOTICE- All parties interested and immediately connected with a case should be notified by the county superintendent of the time and place of trial. 40 The county superintendent should not issue notice of final hearing until both the affidavit and transcript of the district secretary have been filed in his office , 76 The want of notice is waived by the voluntary appearance of the party for any purpose connected with the cause 103 ORDERS When improperly issued by the board of directors, the proper remedy is an injunction from the civil courts 110 PROCEEDINGS- Regularity of presumed. When the district township records show that for a number of consecutive years, the children of certain congres- sional divisions of land, have been enumerated, and have attended school in a certain district township and no objections have been raised, it will be presumed that the territory is regularly attached to, and forms a part of, said district township 12 In the absence of proof to the contrary, the legal presumption is that the proceedings of the county superintendent were entirely regular. . . 63 RECORD Defective. May be amended 27 Irregularity or defect in. An irregularity or defect in the records of the board, which does not injuriously affect the interests of any, and is not of itself a violation of law, will not render invalid their official actions in relation thereto 37 The board of directors may at any time amend the record of the district, when necessary to correct mistakes or supply omissions. And may, upon proper showing, be compelled, by mandamus, to make such corrections 93 RESIDENCE- IS not acquired by temporary removal to a place for the purpose of attending school 109 REVOCATION OF TEACHER'S CERTIFICATE Manner of appeal from action of county superintendent 56 The order of a county superintendent revoking certificate will not be in- ferred with on appeal to the superintendent of public instruction, unless it appears that he acted from passion or prejudice 56 TO SCHOOL LAW DECISIONS. 141 SCHOOL HOUSE Power of the board to build. If in their judgment the wants of a sub-dis- trict require, the board are empowered to erect a school-house with- out action on the part of the electors of the sub-district 31 Removal of. A vote of the electors to remove a school-house, will not compel the board to act affirmatively in relation thereto 102 SCHOOL-HOUSE SITE Location of The county, superintendent, on appeal, may fix the site of school-house 33 In the location of a school-house site, personal examination should be made of the different localities, by the county superintendent 40 Location of. In fixing the school -house site, the geographical position, and the convenience of the people of each portion of the sub-dis- trict should be considered 47, 49, 66, 83 Location of by board. The board should be sustained in the loca- tion of a school-house site, when upon examination the site is found to be established in accordance with law and equity 59, 120 While the probabilities of the future should not be ignored, the necessi ties of the present must be observed in locating school-house sites 60 Should be on a public road, and so located as to be convenient and ac- cessible 106 It Is important that the school-house site be located on a public road, and as nearly as practicable at the geographical center of the district. .115, 120 The power to fix, carries with it the power to change the site of a school-house by the district board 132 SCHOO r -HOUSE TAX- In levying tax for school-house purposes the board may make such ap- portionment as justice may require, provided the rate does not ex- ceed ten mills on the dollar 1 When the electors of a sub-district have determined and certified a sum of money to the district township meeting for the purpose of erecting a school-house, the maximum rate should be levied from year to year until the whole amount is raised 28 Where it has been the uniform custom to apportion the school-house tax among the several sub-districts, the board are not governed by a vote of the electors instructing them to levy the tax directly upon the property of a sub-district 36 Certification of to district township meeting. The presentation of the sub-district records, in which is embodied the certificate of the sum determined ; and the notification of the secretary and president there- of, is one which meets every legal requirement ... 50 When voted by the electors of a k sub-district and duly certified to the district township meeting and to the board of directors, must be levied by the board ; and can only be devoted to the specific purpose for which it has been voted. . 99 142 INDEX SCHOOL-HOUSE TAX CONTINUED The district township meeting may, in the absence of any action by the electors of a sub-district ; vote a tax to build a school house in su< h sub-district 9 ( J When by successive apportionments, the rate of school-house tax througout the sub-districts of the township has been rendered uni- form, a uniform rate should be maintained Ill If the district township meeting neglects or refuses to vote the sum certified as determined by the electors of a sub-district for school- house purposes, or a sum adequate, it is the duty of the board to apportion such sum among the several sub-district as justice re- quires 113 SETTLEMENT After an independent district has been erected within :i township dis- trict, and the respective boards of directors have paid the debts owing by the district prior to the separation, and divided the funds on hand, a new board of one of these organizations cannot appeal . 6 SUB-DIRECTOR Continues in office until his successor is elected and qualified. Section 2097, Revision 1860 1 Failure to qualify anew does not create a vacancy 1 Is not entitled to compensation for official services 1 In contracting with a teacher, must be governed by instructions of the board of directors 15 Not to be appointed in new districts. When new sub-districts are estab- lished the appointment of sub-directors in the sub-districts so created is illegal ; as such change does not take effect until the next sub-dis- trict election thereafter 48 It is the duty ot the sub-director, to negotiate and make in his sub-dis- trict, contracts for employing teachers, under such rules and regula- tions as the board may prescribe not inconsistent with law 117 SUB -DISTRICT- IS not entitled to draw money from, district treasury in lieu of the full term of school required by law. 1 Can be formed of parts of different townships only by reason of natural obstacles 42 Change of boundaries. The boundaries of sub-districts shall be changed, or new districts formed, only between the regular meeting of the board in September, and the sub-district election held in the March, following 62 Formation of. While the law contemplates that all the youth of the state, shall enjoy facilities for education as nearly equal as practicable, yet * in the formation of sub-districts, care should be taken that that they are not made so small geographically, and weak financially, as to be unable to maintain good schools 67 TO SCHOOL LAW DECISIONS. 143 SUB-DISTRICT CONTINUED Formation from two townships. Sub districts can be formed from parts of two or more district townships, only when they are rendered nec- essary "by reason of streams or other natural obstacles." 92 The practice of cutting district townships into numerous sub-districts of small size, is detrimental to the educational progress of the state, and will not be sustained upon appeal 103 Composed of parts of two townships. Upon the written application of two- thirds of the electors residing upon the territory within the township in which the school-house is not situated, boards of directors must divide the sub-district 108, 112 Should be, if possible, compact and regular in form ; and ia well popula- ted district townships, two miles square is considered a desirable area for each sub-district 115 The division of a large and populous district township, into but four sub- districts, is not such a division, as justice and the interests of the people require 119 When it becomss necessary to reduce a sub-district in extent, the town- ship should be re-districted, unless sub-districts can be formed by division, of compact shape, and sufficiently large to sustain good schools 123 Four sections of land is considered the minimum area that a sub-district should contain 126 Erection of, from adjoining district townships. The county superintendent will be sustained on appeal in erecting territory into a sub-district in an adjoining district township, under the provisions of section 25 school laws, if such territory is attached to the adjoining district township by reason of natural obstacles 131 When a sub-district composed of four sections of land has built its own school-house, it should not be consolidated with another as a tempo- rary expedient to avoid the expense of maintaining a school 135 The formation of small or irregularly shaped sub-districts should be avoided 135 SUB-DISTRICT BOUNDARIES A sub district which, prior to the passage of the act of 12th March, 1858, w r as composed of parts of two or more civil townships, can- not be dissolved by the action of but one of the boards of directors interested 10 Change of. Sub-district boundaries may be changed, only at the regular meeting of the board of directors in September, or at a special meeting called thereafter for that purpose, before the following sub- district election 14 In changing sub-district boundaries, both the present and future wel- fare of the district should be considered 20 144 INDEX SUB-DISTRTC T BOUNDARIES CONTINUED The county superintendent may, on appeal, re district. A refusal by board to act upon a petition to re-district, is an act from which an appeal will lie 40 The acts of a board of directors changing sub-district boundaries and locating school-houses are so far discretionary that they should be affirmed on appeal, unless it is shown that there has been an abuse of discretion 69 The action of the board of directors upon the question of forming new sub-districts will be sustained, on appeal, unless it is made to appear that their action was illegal, or that manifest injustice will result therefrom. The refusal of a board of directors to form a new sub- district from parts of four sub-districts which comprise four sections of land each, arranged in compact form, each sub-district having a school-house centrally located, is not such an act of injustice or such an abuse of discretion as to justify the interference of either the county superintendent or the superintendent of public instruction. . 85 The change of sub-district boundaries by the board of directors is a discretionary act 100 It requires an affirmative vote of a majority of all tlie members of the board to effect a change in sub-district boundaries 114 TEACHERS- Right of to inflict punishment upon their pupils. A school-master who stands in laco parentis may, in proper cases, inflict moderate and reasonable chastisement. The law confides to teachers a discretion- ary power in the infliction of punishment upon their pupils, and will not hold them responsible criminally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their own evil passions 22 TRANSCRIPT- The transcript which the law requires the secretary to transmit to the county superintendent, in case of appeal, must be full and com- plete 74 YC 53872 289854 /S72, UNIVERSITY OF CALIFORNIA LIBRARY