LB UC-NRLF A183 /899 \JL\J t LIBRARY , x OK THK UNIVERSITY OF CALIFORNIA GIFT OF 85444 Accession Class SOHOOU OP THE STATE OF MISSOURI REVISED STATUTES, 1899. WITH COURT DECISIONS, FORMS AND COMMENTS FOR THE USE OF SCHOOL OFFICERS LIST OF TEXT-BOOKS ADOPTED-COURSE OF STUDY FOR RU- RAL AND VILLAGE SCHOOLS. PUBLISHED ACCORDING TO LAW BY THE STATE SUPERINTENDENT OF PUBLIC SCHOOLS SECTION 9856. The Presidents and Secretaries of School Boards Should Have Copies and Turn Them Over to Their Successors. Every Teacher is Also Entitled to One Copy. JEFFERSON CITY, MO.: TRIBUNE PRINTING COMPANY, STATE PRINTERS AND BINDERS. 1900. L ft REVISED SCHOOL LAW OP MISSOURI. 1899. CHAPTER 154. SCHOOLS. ARTICLE I Public schools. II City, town and village schools. VI Institutes. VII School book commission. ARTICLE I. PUBLIC SCHOOLS. SECTION 9737. School their corporate districts, powers. 9740. To organize unorganized territory. 9741. School district forfeits its organi- zation, when and how. 9742. Formation of new districts. 9743. Preceding section to apply to what districts. 9744. Division of property. 5745. Valuation of property to be divided. 9746. Assessment of the building fund. 5747. Division of districts lying in two or more counties. 5748. First meeting in newly created dis- tricts. 9749. Annual meeting. 5750. Powers of annual meeting. 9751. Length of school required. 9752. School loan method of voting, etc. 9753. Restrictions on loan. 5754. Renewal funding bonds, issue of. 9755. Exchange and sale of bonds no commission allowed. 9756. Redeemed bonds to be destroyed. 5757. Tax levy for sinking fund. 9758. Tax levy for annual interest. 9759. Directors, how elected and term of office. 9760. Oath of directors. 5761. Organization of board of directors. 9762. Vacancy in directory, how filled. 9763. Care of property and purchase of material. 9764. Rules and regulations and admis- sion of non-resident pupils. 9765. Contagious diseases. 5766. Employment of teachers. 9767. Contract construed. 5768. Visitation of schools. SECTION 9769. Removal of district clerk. 9770. Enumeration lists. 9771. Estimate. 9772. Condemnation of site. 9773. High schools may be established. 9774. Separate schools for white and col- ored children. 9775. Schools for colored children estab- lishment of. 9776. Colored children, right to attend other schools in the county. 9777. Increase of tax levy for maintain- ing schools. 9778. Id. For erecting school-house. 9779. Notice of election for increase of tax. Special meetings. School day, week, month and year. Arbor day set apart. 9780. 9781. 9782. 9783. Penalty for injuring school prop- erty or failure to perform official duty. 9784. Duties of district clerk. 9785. County commissioner to furnish blanks. 9786. District clerk to procure record book and teacher's register. 9787. Notice of special meetings. 9788. Payment of district indebtedness. 9789. Form of warrant. 9790. School moneys, how applied. 9791. Permitting school boards to loan sinking funds. 9792. County court may invest sinking fund, how. 9793. County treasurer to report. 9794. Record and report of district plat. 9795. Statement of treasurer. 9796. Teacher's certificate before employ- ment. Q K /f .4 SECTION 9797. Teachers and directors liable to a misdemeanor, when. 9798. Qualifications necessary for certifi- cate. 9799. Instruction in physiology and hy- giene, when. 9800. Register of attendance. 9801. Monthly and term reports. 9802. Attendance of teachers' institutes. 9803. County commissioner eligibility- time of election and duration of office. 9804. Id. Determining election of com- mission. 9805. Examination of teachers. 9806. Examination for certificates. 9807. Two grades of certificates to con- tain, what. 9808. Report to be made. 9809. Compensation for office duties. 9810. County supervision, how adopted. 9811. Oath, bond and office of the super- intendent. 9812. Official duties of county superin- tendent. 9813. Compensation of the county super- intendent. 9814. Duties of state board of education. 9815. Duty of board in relation to swamp lands. 9816. Duty as to state school fund of counties. 9817. Power to employ attorneys fees for services of same. 9818. Board to make report of proceed- ings to general assembly. 9819. Public school fund from what sources derived and how invested. 9820. Account kept, by whom. 9821. Duties of state auditor. 9822. Investment of money belonging to capital of fund. 9823. Duties of state treasurer. 9824. County school funds. 9825. School funds not to be loaned to certain persons penalty. 9826. County court to have jurisdiction of county school fund. 9827. Collection of fines and penalties and other school moneys. SECTION 9828. Township school fund from what source derived. 9829. Custodians of fund. 9830. Transfer of funds when county lines are changed. 9831. How invested. 9832. Security in cases of loan. 9833. Form of mortgage notice of sale- fees, how paid. 9834. Additional securities. 9835. County court may make order of sale, when. 9836. Principal and interest of loan, paid where. 9837. Authority to repossess property by purchase. 9838. Loan of surplus district school money. 9839. How loaned. 9840. Apportionment of public school fundbasis and time of. 9841. State superintendent may correct error in apportionment distribu- tion of funds. 9842. Apportionment of county school money. 9843. Distribution of funds when town- ship lies in two counties. 9844. Duties of county clerk assessment of estimates. 9845. Compensation of county clerk for labor on tax-book. 9846. Report of county clerk to state superintendent. 9847. Collector's receipt and compensa- tion. 9848. Collection of delinquent taxes. 9849. Treasurers and their duties. 9850. Settlements of treasurers. 9851. Penalty for failure to make settle- ment. 9852. Title of property. 9853. Blanks for reports. 9854. State superintendent election and term of office. 9855. Bond and qualification. 9856. Power and duties. 9857. Shall employ chief clerk salary. 9858. Annual report of superintendent. 9859. Restrictions and penalties. SEC. 9739. School districts their corporate powers. All sub-districts, as organized and bounded, shall hereafter be known as school districts and thus denominated and numbered by the county court for the general purposes of education; and every such district, as well as those hereafter organized under the provisions of this chap- ter, shall be a body corporate, and possess the usual powers of a cor- poration for public purposes, under the name and style of "District No. , township , range , of county;" and in that name shall be capable of suing and being sued; of holding such real and personal property as may at any time be either donated to or purchased in accordance with the provisions of this chapter, or of which they may be rightfully possessed at the time of the passage of this law, and also the power of selling the same as hereinafter pro- vided. (K. S. 1889, 7969.) School districts are quasi corporations. 52 Mo. 309; 54 Mo. 458. Section construed. 89 Mo. 158. An unincorporated town is not legally organized as a school district. 46 Mo. 376. Territory outside of corporate limits may be attached, how. 53 Mo. 127; 60 Mo. 540; 65 Mo. 587. School-house cannot be used for the purpose of keeping a Sunday- school, 67 Mo. 301. School districts not subject to garnishment. 42 A. 460. When a new district is formed in the manner provided by law, the matter should be reported to the county clerk, and by him to the county court, whose duty it is by order made of record to denominate and number the same. This section contemplates that the school districts shall be designated by the true township and range. 89 Mo. 158. SEC. 9740. To organize unorganized territory. When- ever there shall be in this state any territory not organized into a school district, and containing within its limits twenty or more pupils of school age, three or more tax-payers of such territory may call a meeting of the qualified voters of such unorganized territory, or such part thereof as they desire to organize into a school district, by first grving fifteen days' notice of the time, place, purpose of the meeting and boundary lines of the territory proposed to be organized. The qualified voters, when assembled, may organize such territory into a school dis- trict, a majority of the qualified voters residing in such territory pro- posed to be organized into a school district voting therefor, who shall approve of a plat defining the boundaries thereof, and elect three directors, who shall serve until the next annual meeting, when one di- rector shall be elected to serve for one year, one director for two years and one director for three years said directors to serve until their successors are duly elected and qualified: Provided, that any terri- tory not organized into a school district, and containing less than twenty pupils of school age, may be attached to an adjoining district upon petition by the qualified voters of such unorganized territory, or such part thereof as may wish to be attached to such adjoining dis- trict, directed to the board of directors of such adjoining district; and it shall be the duty of such board, on receipt of the petition, to meet forthwith and consider same, and if a majority of the board are in favor thereof, such territory shall become a part of such district. (E. 8. 1889, 7970.) Money apportioned prior to division of district does not follow new district. 90 Mo. 395. Posting of notices, condition precedent to the validity of such division. 54 A. 31; 94 Mo. 612. The notice required by this section should be as explicit in its essential features as that required under the provisions of section 9742, which is commented on in full. This section confers the right to call the first meeting for forming unorgainzed territory into a school district upon three tax-payers of the territory to be organized. These qualifications are jurisdictional. Proper notice should be given by persons -qualified. 89 Mo. 158. SEC. 9741. School district forfeits its organization, Tvhen and. how. Whenever any school district in this state, now organized or that may be hereafter organized under the laws of this state, shall fail or refuse, for the period of one year, to provide for a six months' school in such year, provided a levy of forty cents on the one hundred dollars valuation, together with the public funds, will enable them to have so long a term, the same shall be deemed to have lapsed as a corporate body, and the territory theretofore embraced 6 within such lapsed district shall be deemed and taken as unorganized territory, and the same, or any portion thereof, may be attached to- any adjoining district or districts for school purposes, in the same manner as is now provided in section 9740 of the Revised Statutes of Missouri: Provided, that no school district shall be deemed to have lapsed where the failure to make the needed provision for the six months of school results from irregular or void proceedings had for that purpose. (R. S. 1889, 7971.) The purpose of this section is to secure at least a six months' term of schooL If a district maintains a shorter term than this, it must show that it used a forty- cent levy, together with the public funds. SEC. 9742. Formation of new districts. When it is deemed necessary to form a new district, to be composed of two or more entire districts, or parts of two or more districts, or to divide one district to form two new districts from the territory therein, or to change the boundary lines of two or more districts, it shall be the duty of the district clerk of each district affected upon the reception of a petition desiring such change, and signed by ten qualified voters residing in any district affected thereby, to post a notice of such de- sired change in at least five public places in each district interested fifteen days prior to the time of the annual meeting; and the voters when assembled shall decide such question by a majority vote of those who vote upon such proposition. If the assent to such change be given by all the annual meetings of the various districts thus vot- ing, or of the part of the district to be divided, each part voting sepa- rately, the district or districts shall be deemed formed or the boundary lines thus changed from that date; but if all the districts, or parts of districts affected do not vote in favor of such change, the matter may be referred to the county commissioner; and upon such appeal being- filed with him, in writing, within five days after the annual meeting,. he shall appoint four disinterested men, resident tax-payers of the county, who, together with himself, shall constitute a board of arbi- tration, whose duty it shall be to consider the necessity for such pro- posed change and render a decision thereon, which decision shall be final. When there is an equal division the county commissioner shall give the casting vote. The commissioner shall at the time of the ap- pointment of these members of this board of arbitration notify them to meet him at some convenient place in the county within fifteen days after annual school meeting where the deliberations of the board shall take place and its decision be rendered. But in making such change, the decision in all cases shall conform to the propositions con- tained in the notices and voted upon at the annual meeting; and the county commissioner shall, on or before the last day of April, trans- mit the decision to the clerks of the various districts interested, or to the clerk of the district divided, and said clerk or clerks shall enter the same upon the records of his or their respective district or dis- tricts; and the said board of arbitration shall be allowed a fee of fif- teen dollars, to be paid by the district or districts taking the appeal at the time said appeal is made: Provided, however, that no new district shall be created or boundary line changed by which any district shall be formed containing within its limits by actual count less than twen- ty pupils of school age, or by which any district shall be left contain- ing within its limits by actual count less than twenty pupils of school age: Provided, however, the resident voters upon any island in any of the navigable rivers of this state may organize into a school district without being subject to the restrictions in the preceding portion of this section. It is further provided, that in changing the boundary line between the two established districts, one district shall not en- croach upon the other simply for the acquisition of territory. (E. S. 1889, 7972, amended, Laws 1891, p. 206, amended, Laws 1895, p. 267, amended.) Directors must decide whether petitioners are qualified voters. 84 Mo. 90. Com- missioners cannot change boundary otherwise than as proposed in the election. 85 Mo. 156; 94 Mo. 612; 70 A. 238. No petition required to change boundary, when. 89 Mo. 23. Statute construed. 48 A. 560. New school districts may be formed, how. 75 A. 317. When it is desired to form a new district or to change the boundary lines of two or more districts, the first step is the preparation of a petition clearly setting forth the change desired, which petition must be signed by at least ten qualified voters "residing in any district affected thereby." It is not necessary that the voters all reside in the same district part may reside in each district, but every signer must reside in some one of the districts affected by the proposed change. As many peti- tions should be prepared (all alike) as there are districts affected, and one petition be presented to the clerk of each district affected. The law makes it the duty of the clerk, without any action of the board of directors, upon receipt of the petition to post a notice in at least five public places in the district of which he is clerk, fifteen days prior to the time of the annual meeting. A failure to do this subjects the clerk to a fine of not exceeding one hundred dollars. The statutory notice prescribed by this section is mandatory and jurisdictional, and a division of school districts made at an annual meeting not within the scope of an antecedent notice given for the time, and at the places and in the manner fixed by law, is void. The notices must necessarily be as comprehensive as the proposition to be voted on. and must inform the voter what change it is proposed to make in the boundaries of his district. Unless the notice is such as to give this information, it is no notice at all. It is not sufficient that the voters be notified that at the annual meeting they will be called upon to vote upon the question whether or not a new district shall be formed, and a change made in the boundary lines of the old districts; they must be notified of the change proposed, of what territory the new district is to be composed, of what change is to be made in the boundaries of the old ones. The notice is sufficient if signed by the district clerk. 54 A. 31. If the proposition is to form a new district by dividing one or more districts, the voters residing in the part of the territory proposed to be cut off to form the new district vote separately from those residing in the territory to remain in the old district. If the proposition carries in all the districts and parts affected, the division takes place at once. If the proposition is defeated in all the districts and parts affected, the division is defeated, and there can be no appeal. If the proposition i3 carried in one or more of the districts or parts affected, and is defeated in the others, the matter may be appealed to the county commissioner. The appeal may be taken by a board of directors acting officially, or it may be taken by one or more of the interested parties, i. e., the petitioners. The commissioner alone can not consider an appeal. He must appoint a board of arbitration, consisting of four tax-payers who live in the county, but not in any one of the districts affected by the proposed change. This board of arbitration must meet at time and place fixed by the county commis- sioner within fifteen days after the annual meeting (Wednesday of second week after annual meeting is last day for such hearing). The commissioner is ex ojficio chairman of this board, but has no vote except in case of a tie in the vote of the other four members. This board is allowed a fee of fifteen dollars (three dollars each) for every case appealed, which fee must be paid by the district or persons taking the appeal. One board may be appointed to consider all appealed cases in the county in any one year, and this board could be called to meet at county seat on second Monday after annual meeting, thus giving themselves three days to consider all such cases. The appeal must be filed, in writing, with the county commissioner within five days after the annual meeting. The first Monday after the annual meeting is the last day upon which the appeal can be filed. If filed after that day, the action of the commis- sioner thereon would be null and void. In case a district having a bonded indebtedness is divided, the district retaining the old number and school property is liable for the whole amount of the indebtedness The proposition voted on must specify the boundaries of the districts as sought to be changed or established. The notices must also specify the changes proposed in the school district boundaries, and are sufficient if signed by the district clerk. The county commissioner cannot go beyond the proposition voted on and establish boun- daries different from those specified in the proposition. 94 Mo. 612; 89 Mo. 23; 85 Mo. 156. When a person by his laches cannot complain that a school district was never legally organized. 90 Mo. 683. When the county commissioner has acted, whether with or without jurisdiction, mandamus cannot be invoked for the purpose of reversing his decision. 84 Mo. 90. Quo warranto will lie on behalf of the state to determine the right of individuals to exercise the office of school directors. 84 Mo. 198. Sufficiency of notice. 54 A. 31. SEC. 9743. Preceding section to apply to what districts. The provisions of section 9742 of this article shall apply to all school districts of this state organized under special charter, or under and by virtue of any special law of the state of Missouri organizing or incor- porating such school district, excepting such school districts formed from territory composed of land granted to any city, town or village by virtue of any act of congress confirming. to said city, town or village said grants of land, and excepting school districts formed of or con- tained in cities and towns containing one hundred thousand inhabit- ants or over. (Laws 1893, p. 237.) SEC. 9744. Division of property. When a new district is formed, which shall include within its limits those who have hereto- fore aided in the erection of a school-house in the district from whence they were detached, and they propose to surrender to the old district all claim thereon for their share of the said property, this fact shall be distinctly stated in the notices posted in said district, as required by section 9742; and the parties, upon the event of the formation of the new district, shall be considered to have surrendered all right and title to the property of the old district; but ir such fact is not thus 9 expressed in said notice, the property belonging to the district shall be valued as hereinafter provided; and there shall be levied upon and collected from the taxable property included in the original district prior to such new formation, a sum bearing the same proportion to the entire value of the school property as the assessed valuation of the tax- able property included within that portion of the territory detached bears to the total valuation of the property located in the old original district. (K. S. 1889, 7973.) This section has no application to a case where the boundary lines between old districts are changed. 94 Mo. 612. When a new district is formed, tax to erect a school- house must be levied upon the whole of the organized district. 80 Mo. 190. New dis- trict cannot maintain action for money in the hands of county treasurer. 18 A. 266. When it is proposed to surrender to the old school district all claim of the inhabitants of the new district to their share of the school property in the old district, such facts should be distinctly stated in the notices. 74 A. 553. The law does not contemplate that a fund shall be raised in excess of the amount ' required to sustain the school for the current school year, therefore no provision is made for a division of funds remaining on hand when a district is divided. SEC. 9745. Valuation of property to be divided. The valuation of the said property shall be made by disinterested freehold- ers, non-residents, to be selected as follows: One shall be appointed by each of the boards of directors of the interested districts, and those thus appointed shall elect another; they shall proceed to determine the valuation, and certify to the district clerks of the interested dis- tricts the amount determined upon. It shall be the duty of the district clerk of the old district, upon the receipt of said valuation, to cause the amount thus certified to be levied upon the property contained within the former limits of the district, which shall be collected as other estimates; and the same, when collected, shall be paid to the county treasurer, and by him be placed to the credit of the building fund of the new district. (K. S. 1889, 7974.) A vote of the qualified voters upon proposition to withdraw from that part of the district lying outside of their own county was ineffectual to divide such district when no vote was taken to unite with an adjoining, or form a separate district. 78 Mo. 80. It will be observed that this section makes it the duty of the board of directors of each district affected to appoint an appraiser of the school property belonging to the original district. In the event of their refusal to make the appointment, they may be proceeded against by way of mandamus. "A freeholder is one who owns an estate in land or other real property held by a free tenure for life, or for some uncertain period;" and the persons selected to determine the value of the property in the old district must be the owners of such an estate. No one of these can reside in any district affected by detachment of territory, nor in the new district just formed. SEC. 9746. Assessment of building fund. The amount levied by the new district for building purposes, where either or all of the parts of which it is composed have received their proportion of the property of the old district, shall be divided proportionately; and those amounts, less the amounts thus received, shall be assessed and 10 collected from the property included in the limits of the respective portions. (R. S. 1889, 797.) The raising of a building- fund, in case of a formation of the new district, has no- application where the boundary lines are changed. 94 Mo. 612. SEC. 9747. Division of districts lying in two or more counties. Whenever any school district or districts shall be divided by county lines, and a majority of the qualified voters residing in either fractional part thereof may desire to attach themselves to an adjoining district within their own county, or form a separate district,, they shall hold an election for that purpose, first giving fifteen days' notice by posting up printed or written hand-bills in five of the most public places in such fractional district, stating the time, place and ob- ject of the election ; and if a majority of the votes cast at such elec- tion be in favor of uniting themselves to an adjoining district in their own county, or forming a separate district, they shall notify the dis- trict clerks of the districts interested of the result of the election; and if it is desired by such fractional district and a portion of the adjoin- ing district to form a new district, it shall be the duty of such adjoin- ing district school board to so change their boundary lines as may be agreeable to the inhabitants interested therein, and notify the county clerk and county commissioner of the change so made, but if such division cannot be so made by the district board, or if they refuse or neglect to act when notified of such desire, they may appeal to the county commissioner, who shall proceed to ascertain the facts in the case, and locate the boundaries of such new district as appears to be just and proper, and to the best interest of the inhabitants interested therein such new district to be governed as hereinbefore provided in forming new r districts: Provided, that if a school-house has been located and built by a district thus divided by a county line, and that portion of the district desires to withdraw in which the school-house has been located and built, they shall first pay to the portion of the district situated in the adjoining county their pro rata share of the value of such school-house: Provided, that hereafter no new school district shall be formed divided by a county line, except where the por- tion of a district sought to be joined across the county line is cut off from the district or districts in the same county by a running stream,, which cannot easily be crossed by children attending said school. (R. S. 1889, 7976.) School district lying- in two or more counties, how divided. 78 Mo. 80. While this section authorizes a majority of the legal voters in a fractional part of a district divided by a county line to at any time withdraw from the district and either form a new district or become attached to a district in their own county, there are g-ood reasons why such division should take place only at the annual meet- ing, or within thirty days thereafter. The estimate, enumeration list, and list of tax-payers are furnished the county clerk in May, and all changes of boundary line should take place before this is done. 11 Note that no new district can be legally formed that will be divided by a county line except where the portion sought to be joined across the county line is cut off from the district in the same county by a running stream which can not easily be crossed by children attending the school. This provision also applies to changes of boundary line. There can be no appeal to the county commissioner upon the question of joining territory to districts across a county line. SEC. 9748. First meeting of newly created districts. It shall be the duty of the voters resident in the territory embraced within the limits of the newly created district to assemble at some central point within said district within fifteen days after the forma- tion thereof such point to be designated by notice posted in at least five public places in said district, and signed by two of the resident freeholders therein; and such meeting, when assembled, shall be in- vested with the same powers, and be conducted as prescribed for the first annual district meeting held under the provisions of this chapter: Provided, that the children in such newly created district shall have the right to attend school in their original districts until the thirtieth day of June following. (K. S. 1889, 7977.) Notice for a first meeting in each of the new districts should be posted according to the provision of this section. 54 A. 31. Upon complying with section 9742, the new district or districts "shall be deemed 1 formed." It will therefore be observed that failure to do the things provided in this section after the formation of the district would not work a forfeiture of its organiza- tion. While the provisions of this section must be complied with, yet the fifteen days' time given therefor is merely declaratory. It is not a condition to the validity of the division of a school district that notice for a first meeting in each of the new districts should be posted in accordance with the provisions of section 9748 of the Revised Statutes. The corporate existence of the new districts dates from the meeting whereat they were substituted for the old dis- trict. 54 A. 31. SEC. 9749. Annual meeting. The annual meeting of each school district shall be held on the first Tuesday in April of each year, at the district school-house, commencing at 2 o'clock p. m. If no> school-house is located within the district, the place of meeting shall be designated by notices, posted in five public places within the dis- trict, fifteen days previous to such annual meeting, or by notice for same length of time in all the papers published in the district. (K. S. 1889, 7978.) Chairman of meeting not subject to criminal law for rejecting vote of applicant for suffrage. 19 A. 210. The law fixes the time of the annual meeting on the first Tuesday in April in each year at 2 o'clock p. m. All residents of the district are expected to take notice of this fact. Those who are present at the hour named, and authorized to participate in the deliberations may organize the meeting and proceed with the order of business specified in section 9750. Each item of the order of business may be taken up and disposed of, and those who arrive later have no right to complain that they were deprived of their right to take part in the business disposed of before their arrival. SEC. 9750. Powers of the annual meeting. The qualified voters assembled at the annual meeting, when not otherwise provided,, shall have power by a majority of the votes cast: 12 First To organize by the election of a chairman, and a secretary who shall keep an accurate record of the proceedings of the meeting, which, when duly approved and attested by the signature of the chair- man, the clerk shall enter upon the record of the district. Second To choose, by ballot, one director, who shall hold his office for the term of three years, and until his successor is elected and qualified. Third To fill vacancies, if any, caused by death, resignation, re- fusal to serve, repeated neglect of duty, or removal from the district; and the persons thus elected shall hold their office for the unexpired term, and until their successors are elected and qualified. Fourth To determine, by ballot, the length of school term in ex- cess of six months that the public schools of the district shall be maintained for the next scholastic year; also to determine the rate, if .any, in excess of forty cents on the one hundred dollars assessed valu- ation to be levied for school purposes, as provided for in section 9777. Fifth To vote such a sum as they may deem proper for the pur- chase of books for a district library. Sixth To decide in favor of or against any proposed change of boundaries, notice of such change having been posted in at least five public places in each and every district affected thereby, fifteen days previous to the date of holding the annual meeting. Seventh To direct the sale of any property belonging to the dis- trict, but no longer required for the use thereof, to determine the dis- position of the same and the application of the proceeds. Eighth To designate their choice, by ballot, for a person to fill the office of county commissioner. Ninth To determine, by ballot, the rate to be levied upon the one hundred dollars assessed valuation necessary to purchase a site, erect a school-house thereon and furnish the same as provided for in sec- tion 9778. Tenth To determine, in districts newly formed, or wherein no school-house site has yet been selected, the location thereof, notice having been given fifteen days previous by posting hand-bills in at least five public places in said district, that this matter would be sub- mitted to said meeting. Eleventh To change the location of school-house site when the ame for any cause is deemed necessary : Provided, that in every case a majority vote of the voters who are resident tax-payers of said dis- trict shall be necessary to remove a site nearer the center of said dis- trict; but in all cases to remove a site further from the center of said 13 district, it shall require two -thirds of the legal voters who are resident tax-payers of such school district. (R. S. 1889, 7979.) The powers of the board of directors defined. 48 A. 408; 30 A. 641. The powers con- ferred on the voters have relation to the then existing school year. 27 A. 36. Our supreme court has held that school districts are quasi corporations, the powers and duties of the corporators being limited and prescribed by statute. The corporators are the legal voters of the district, the directors being chosen by them. Certain powers and duties devolve by law exclusively upon the directors, and the incorporators cannot abridge or interfere with these powers and duties. In some dis- tricts the voters attempt to select the teacher by a vote. The right to select teachers- belongs exclusively to the board, and a vote taken upon this proposition must be con- sidered by the board as a recommendation only. It will be observed that unless other- wise provided by law, a proposition submitted to the annual meeting is determined by a majority of the votes cast. The chairman should not recognize a motion to adjourn until all the business for which the meeting was convened has been transacted. The law provides that the meeting shall convene at 2 o'clock p. m. Promptly at that time the legal voters may proceed to organize the meeting and take up the order of business specified in section 9750. When the business is completed, the meeting may adjourn, and voters who neglect to be present have no right to complain. First The meeting is organized by the election of a chairman and secretary. These are temporary officers and must not be confounded with the president and clerk of the board of directors. The chairman presides during the meeting, putting all motions and announcing the result. The chairman is entitled to vote upon all proposi- tions submitted. In case of a tie vote the proposition or motion voted upon must be declared not carried. The secretary keeps a correct record of the proceedings of the meeting, which, "when duly approved and attested by the chairman," must be turned over to the district clerk to be entered upon the district record. Second Notice that the director is to be chosen by ballot for three years, and that he is to hold his office "until his successor is elected and qualified." By reference to section 9759 we find, speaking of directors, "and shall hold their office for the term of three years, and until their successors are elected or appointed and qualified." Yet, in section 9762, the remaining two directors are authorized to appoint when a vacancy occurs in one of the five following ways: first, by death; second, resignation; third, refusal to serve; fourth, repeated neglect of duty; fifth, removal from the district. Upon failure to elect a director at the annual meeting, the remaining two members cannot appoint, but the old director holds over to the next annual meeting, unless the outgoing member was appointed. No director (in an annual mass meeting), in a dis- trict with three directors, can be elected unless he receives a "majority of the votes cast." If, upon the announcement by the chairman of the first ballot, no one has "a majority of the votes cast," successive ballots should be taken till some one does receive such majority. When an annual meeting has adjourned after all business has been attended to, another meeting or getting together can not be had that day or at any other day except it be called in accordance with section 9780. The election of a director is restricted to the annual meeting by section 9759. Third. Filling of vacancies. It should be noted that persons elected at the annual meeting to fill vacancies "hold their office for the unexpired term, and until their successors are elected and qualified," while persons appointed by the board under section 9762 to fill vacancies, "serve until the next annual school meeting." Fourth. School term and increase of levy for school purposes. Observe that the annual meeting, and not the board of directors, is authorized to determine the length of school term in excess of six months. The board of directors is authorized to maintain a six months' school without vote of the annual meeting, provided, of course, there are sufficient funds therefor. Item 4 gives the annual meeting^ power to determine the length of term "in excess of six months." The proposition voted upon should be for seven, eight, nine or ten months' school. No vote is necessary to maintain a six months' school. The school term voted is for the next year, beginning July 1st, and ending June 30th following. It should be noted that the singular "term," and not the plural "terms," is employed. It is evidently the spirit of this provision that the entire length of school term voted should be taught in one continuous term by the ame teacher. 14 The board of directors is authorized, without vote of the annual meeting, to levy forty cents on the hundred dollars assessed valuation for school purposes: that is, for teachers' fund and incidental fund. The annual meeting, however, is author- ized "to determine the rate, if any, in excess of forty cents on the hundred dollars assessed valuation to be levied for school purposes." The proposition voted on should be, for instance, to levy forty-five cents, fifty cents, or any amount not exceeding sixty-five cents on the one hundred dollars valuation for school purposes. Both the Missouri constitution and the statutes limit the amount to be levied for school pur- poses, in districts not formed of cities and towns, to sixty-five cents on the hundred dollars valuation. In districts formed of cities and towns, a hundred cents on the hundred dollars valuation jnay be levied for school purposes. Only tax-payers can vote on the proposition to increase the levy for school purposes. By reference to section $777 it will be seen that a vote upon this proposition is not confined to the annual meeting, but can be had at any time upon petition of five resident tax-payers, or when the board of directors deems it necessary. Fifth. To vote sum for library. No limit is placed upon the sum that may be voted toy the annual meeting for a district library. Every district can well afford to levy live cents on the one hundred dollars every year for this purpose. Judiciously ex- pended, it will be the best investment made. For list of recommended books, see course of study. Seventh. To direct the sale of school property. The annual meeting is here authorized to direct the sale of school property and not to sell it; that is, to authorize the board of directors to sell the property on such conditions and under such limitations, of course, as the annual meeting may see fit to impose. It should be observed also that this property is to be "no longer required for the use of the district." It is to be sup- posed, of course, that at the same annual meeting at which the sale of this property is directed, bonds will be voted for the erection of school-house and furnishing the same. The board of directors should receive definite instruction not to dispose of the old school-house till a contract is entered into for the building of a new school-house before the opening of school. The money derived from the sale of the school property should be credited to the building fund of the district. Tenth. Location of school-house site. This applies to any school district seeking a school-house site: First, to a regular!}' organized district without a school-house site; second, to districts just organized from unorganized territory (section 9740); third, to new districts formed at the annual meeting (section 9742). The annual meet- ing must vote upon a definite site, and not instruct the board of directors to select a site. The proposition is carried by a. majority of the votes cast. This 1 proposition may be voted on either at an annual meeting or a special meeting called in accord- ance with section 9780. Eleventh. To change location of school-house site. In the discussion of this section we have found one proposition (increase of levy for school purposes) that must be decided by tax-payers as distinguished from qualified voters. The change of location of school-house site is a second proposition that is determined by the tax-payers of the district. The Supreme Court in the 114 Mo. at page 649 in speaking upon this statute said: "A majority vote of the voters who are resident tax-payers of said Gistrict means a majority of the tax-payers present and voting at such election." See also' 37 Mo. 270. In the event that the proposition submitted be to change the site to a point fur- ther from the center of the district, a two-thirds vote of the resident tax-payers who are legal voters present and voting is sufficient to carry the proposition. The law does not require that two-thirds of the residents of the district who are legal voters and tax-payers must vote affirmatively upon the proposition to carry it. All propositions submitted at the annual meeting, except these two (increase of levy for school purposes and change of school-house site) can be decided by the qualified voters; these two, by tax-payers only. For definition of qualified voter, see section 9759. A tax-payer is one who holds in the district, in his own name, real or personal property liable to assessment and taxation. Of the eleven items of section 9750, the fourth, sixth, ninth and tenth require notices. In the fourth, it is the latter part increase of levy that requires notice. The annual meeting cannot authorize a spring term of school to be begun or held 15 before the 30th of June next succeeding; or, in other words, it cannot extend the term of school voted by the last annual meeting. If it is considered desirable to extend the school term beyond that voted by the last annual meeting, the proposition must be submitted at a special meeting called as provided in section 9780 for that purpose. The directors have no power of their own will to select the school-house site. 57 Mo. 430. The chairman of a meeting of qualified voters of a school district for the elec- tion of a school director is not subject to the criminal law for rejecting a vote of an applicant for suffrage. 19 A. 210. No power exists in a board of public school directors, without authority from the voters of the district, to rent buildings or rooms separate from the district school-house, and to employ teachers for a supplemental school therein. 30 A. 641. Board has no authority to borrow money to purchase school-house site. 114 Mo. 641. Record of annual meeting. 54 A. 31. SEC. 9751. Length of school required. The board shall have power and are required to continue the public schools of their dis- trict for a period of six months in each scholastic year: Provided, a tax of forty cents on the one hundred dollars assessed valuation of the taxable property within the district, together with the moneys re- ceived from the public funds, shall be sufficient therefor; and the board are hereby authorized and empowered to make out and forward the proper estimate therefor without a vote being had thereon. Should any board neglect or refuse to comply with the provisions of this sec- tion, such school district shall be deprived of any part of the public school moneys for the ensuing school year, and the county clerk shall omit such district in the apportionment of the public moneys. (R. S. 1889, 7980.) The year here spoken of is the school year beginning July 1st, and ending June 30th. SEC. 9752. School loan method of voting sale of bonds. For the purpose of erecting school-houses and furnishing the same in cities, towns and school districts, the board of directors shall be authorized to borrow money, and issue bonds for the payment thereof, in the manner herein provided. The question of loan shall be decided at an annual school meeting or at a special election to be held for that purpose. Notice of said election shall be given at least fifteen days before the same shall be held, by at least five written or printed notices posted in five public places in the school district where said election shall be held, and the amount of the loan required, and for what purposes. It shall be the duty of the clerk to sign and post said notices. The qualified voters at said election shall vote by ballot. Those voting in favor of the loan shall have written or printed on their tickets, "For the loan;" those voting against the loan, the words "Against the loan;" and if two-thirds of the votes cast shall be "for the loan," the district board shall be vested with the power to borrow money in the name of the district, to the amount and for the purpose specified in the notices aforesaid, subject to the restrictions of the fol- lowing section. When bonds are voted under this section for the erec- tion of one or more school-houses, to be erected on the same or different 16 sites, in districts whose board of directors consists of three members, said bonds shall not be negotiated by said board until said bonds have been deposited with the county or township treasurer of the county OP township in which said district shall be situated, and upon the order of said board, and the payment to the county or township treasurer of the amount agreed to be received for the same by said board from the persons loaning said money upon said bonds. The county or township treasurer shall countersign said bonds, and deliver the same to the person or persons named by said board of directors; but no such bonds shall be sold for such an amount that the net proceeds, after deducting expenses and commissions from the same, shall be less than ninety cents on the dollar of the face value thereof, and all renewal funding bonds issued by such districts, to be exchanged for outstanding bonds of said district, or for the purpose of being sold to raise sufficient funds to pay any outstanding bonds thereof, shall not be exchanged, negotiated or sold by the board of directors of said districts, except as above provided, and not until the .purchase price thereof, or the bonds to be exchanged therefor, shall be turned over to the county or town- ship treasurer; and said treasurer shall write or print the words "paid by renewal bonds" across the face of said bonds so received in ex- change, and sign the same before delivering the said renewal bonds to said board. The said county or township treasurer and his sureties shall be responsible, on his official bond, for all moneys, bonds or se- curities received by him under this section. (R. S. 1889, 7981.) No petition of the voters of the district is necessary to authorize the school board to call meeting for the purpose of borrowing money. 114 Mo. 641. There are two methods of securing a building fund: (1) by a sale of bonds under section 9752; (2) by levy for building purposes, under section 9778. Neither requires a petition of tax-payers or voters. In either case, the board of directors may take the initiative. 114 Mo. 641. Under section 9778, the board shall proceed to determine the rate of taxation necessary for building purposes when "requested by petition of ten tax-payers of any school district." Both sections apply to all classes of school dis- trictsto city, town or village, and to common-school districts with three directors. Again, both the loan and the levy for building purposes may be voted upon at either an annual or special meeting. In both cases notice is required. In both cases, to carry the proposition, it is necessary that two-thirds of the qualified voters voting at the election vote therefor. It often happens that the question of loan is submitted at an election where several other questions are voted upon, and the number of votes cast upon the loan falls considerably short of the number who vote on the various propositions submitted at the election. For instance, only thirty persons vote on the question of loan, while forty may vote upon some other proposition submitted at the election. In this case, two-thirds of the thirty votes, twenty votes, would carry the bond proposition, instead of two-thirds of the forty votes cast on other questions. The State Auditor registers bonds which receive two-thirds of the votes cast on question of loan. Note that section 9752 requires the notices to state "the amount .of the loan re- quired and for what purposes." School boards and annual meetings sometimes desire to vote upon a loan smaller than that stated in the notices. It is evident that this cannot be legally done. If so, why require the amount stated in the notices? Again, the tickets cast have on them "against the loan," or, "for the loan." Against or for 17 what loan, if not the one stated in the notices? Again, if the proposition carries, the board shall be vested with the power to borrow money "to the amount and for the purpose specified in the notices aforesaid." To what amount, if not the one stated in the notices? School boards should be careful to observe the provisions of section , R. S. 1899, in negotiation of bonds for the purpose of building school-houses, or for any other purposejn order that the same may obtain validity. This section requires that the bonds shall bear the endorsement of the State Auditor who is entitled to receive from the board all the necessary certificates and copies of record evidencing a full compliance with the law governing their issuance, which evidence is to be filed and preserved in his office. Upon request, the State Auditor will furnish necessary blanks, which will enable the board to carry out the provisions of this section. SEC. 9753. Restrictions on loans. The loan authorized by the preceding section shall not be contracted for a longer period than twenty years, and the entire amount of said loan shall at no time ex- ceed, including the present indebtedness of said district, in the aggre- gate, five per cent, of the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for state and county purposes, previous to the incurring of said indebted- ness, the rate of interest to be agreed upon by the parties, but in no case to exceed the highest legal rate allowed by contract ; when effected it shall be the duty of the directors to provide for the collection of an annual tax sufficient to pay the interest on said indebtedness as it falls due, and also to constitute a sinking fund for the payment of the prin- cipal thereof, within the time said principal shall become due. (R. S. 1889, 7982.) Irregularity in the issuing of bonds cannot affect an innocent holder. -45 A. 660. This section imposes two restrictions: Firt,t, as to the period for which the loan may be effected; and second, as to the amount. The limitation on the amount of the loan five per cent, of the value of taxable property is a constitutional limitation (article X, section 12, of Constitution of 1875). "The highest legal rate of interest al- lowed by contract," spoken of in this section, is eight per cent. SEC. 9754. Renewal funding bonds, issue of. The board of education of any school district, organized under any general or special law of this state, is hereby authorized to issue funding and re- funding bonds for the district, to be exchanged for outstanding bonds of the district, or sold for the purpose of meeting and paying any ma- tured or maturing bonded indebtedness thereof. Each bond shall be of the denomination of not more than one thousand nor less than one hun- dred dollars, and shall bear interest not to exceed eight per cent, per annum, and such interest shall be payable semi-annually, and to this end each bond shall have semi-annual coupons attached thereto, and be made payable to bearer : Provided, that no bonds issued under this section shall be payable in less than five years nor more than thirty years from the date thereof, and shall be payable, principal and inter- est, in the city of St. Louis or the city of New York, at the option of the S 2 18 board of education, or as may be agreed upon by such board of educa- tion and the purchaser of such bonds. Such board of education shall be empowered to prepare and issue from time to time such number of re- newal bonds as may be necessary for the objects and purposes of this law, and each bond shall be signed by the president, countersigned by the secretary or clerk, and authenticated by the seal of such board of education, if there be one; and shall also be attested by the clerk of the county court of the county in which such district is located, and he shall put the seal of said court on each of said bonds. The secretary or clerk of the board of education shall keep a record in the books of the school district of all the renewal bonds that may be issued by the board of education under the provisions of this chapter, noting the date when issued and when due, and also the number and amount of each bond so issued, and shall keep a full record of all transaction that may be necessary for the identification of such bonds. (R. S. 1889, 7983, amended, Laws 1895, p. 264.) School board has authority to issue bonds to raise money to build school-house; also, to issue renewal refunding bonds. 86 Mo. 401. SEC. 9755. Exchange and sale of bonds, no commission allowed. Boards of education are empowered to exchange the aforesaid bonds for any bonds that may now be outstanding against any school district so indebted; but no re-renewal bonds shall be ex- changed for any outstanding bond for a sum less than ninety cents on the dollar of its face value. Said boards of education shall also be empowered to sell such renewal bonds for cash if, in their judgment, it will be to the interest of such school district; but no commission shall be allowed or cost incurred in the exchange or sale of said bonds which will reduce the net proceeds of the same to a less amount than ninety cents on the dollar, and all sums of money realized from the sale of said renewal bonds shall be used in the redemption of out- standing bonds of the school district. (R, S. 1889, 7984.) SEC. 9756. Redeemed bonds to be destroyed. Whenever any bonds shall be redeemed, as provided for in this chapter, such bonds shall be burned in the presence of a majority of the members of the board of education and two other credible persons as witnesses of the fact, and the secretary or clerk of the board of education shall record in the books of the school district a description of the bonds so destroyed, by noting the date when issued and when due, and the num- ber and amount of each of said bonds, and specify what members of the board of education, and who as witnesses, were present at the burn- ing of said bonds. (R. S. 1889, 7985.) Bonds due in twenty years, but redeemable after five years, are negotiable. 75 A. 159. 19 SEC. 9757. Tax levy for sinking fund. Boards of education are hereby authorized to make an estimate for the levy of a tax, not to exceed two-fifths of one per cent, upon all the taxable property of the school district at its assessed valuation, said tax to be levied and collected in the same manner as other taxes for school purposes; and the money arising from said tax shall constitute a sinking fund, and shall be used only for the redemption of any outstanding bonds of such district: Provided, that if such outstanding bonds cannot be obtained, then such money shall be invested in United States bonds or bonds of the state of Missouri, or if at any time the board of education deem it advisable, they may loan such money at the same rate of interest, and in the same manner and subject to the same restrictions as to security, as the township school funds are loaned, until such time as said out- standing bonds can be obtained. (K. S. 1889, 7986.) A note promising in the future to pay a school district a sum of money for the establishment of a library is not without consideration. 138 Mo. 672. SEC. 9758. Tax levy for annual interest. Boards of edu- cation are hereby authorized to make an estimate for the levy of a tax upon all the taxable property of the school district at its assessed valu- ation, said tax to be levied and collected as other taxes for school pur- poses said tax to be sufficient in amount to pay the annual interest on all bonds of their respective districts, and to pay for the printing or engraving of any bonds that may be issued by virtue of this chapter. (K. S. 1889, 7987.) Officers of corporation in possession of their offices are presumed to be regularly elected and entitled to hold until contrary be shown. 44 Mo. 154. A person derives his title to an office by his election. 44 Mo. 223. Official character of school directors, how proven. 27 Mo. 251. SEC. 9759. Directors, qualifications of, how and by whom elected. The government and control of the district shall be vested in a board of directors composed of three members who shall be citizens of the United States, resident tax-payers and qualified voters of the district, and who shall have paid a state and county tax within one year next preceding his or their election. Said directors shall be chosen by the qualified voters of the district at the time and in the manner prescribed in section 9749, and shall hold their office for the term of three years, and until their successors are elected or appointed and qualified, except those elected at the first annual meeting held in the district under the provisions of this chapter, whose term of office shall be for one, two and three years respectively. A qualified voter within the meaning of this chapter shall be any person who, under the general laws of this state, would be allowed a vote in the county for state and county officers, and who shall have resided in the district 20 thirty days next preceding the annual or special meeting at which he offers to vote. (R, S. 1889, 7988.) A director must be a citizen of the United States, either naturalized or native born, a resident tax-payer and qualified voter of the district, and shall have paid a State and county tax within one year next preceding his election. The following portion of the definition of a qualified voter may not be plain: "A qualified voter within the meaning of this chapter shall be any person who, under the general laws of this state, would be allowed to vote," etc. Who are "allowed a vote under the general laws of this State?" Article 8, section 2 of the Constitution settles this: "Every male citizen of the United States, and every male person of foreign birth who may have declared his intention to become a citizen of the United States according to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elections by the people: (1) He shall have resided in the State one year immediately preceding the election at which he offers to vote; (2) he shall have resided in the county, city or town where he shall offer to vote at least sixty days immediately preceding the election." SEC. 9760. Oath of directors. The directors shall, within four days after their election or appointment, take and subscribe an oath or affirmation to faithfully and impartially discharge the duties of their office, which oath may be administered by each other; and the district clerk shall enter the same, with the date thereof, upon the rec- ords of the district. And the oath administered shall be as follows: I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the state of Missouri, and that I will faithfully and impartially discharge the duties of school director in and for district No. , township No. , range No. , county of , state of Missouri, to the best of my ability, according to law, so help me God. Sworn to and subscribed before me this day of , 19. (R. S. 1889, 7989.) It is not sufficient in administering the oath of office to a newly elected director that it be done orally. The oath should be written or printed in the form given in this section, and signed by the person or persons to whom the same is being admin- istered. It should also bear the signature of the person administering the same, under the proper date thereof. While this section provides that the oath may be adminis- tered by the members of the board, this does not preclude the idea that it may also be taken before any officer authorized to administer an oath. SEC. 9761. Organization of board. The directors shall meet within four days after the annual meeting, at some place within the district, and organize by electing one of their number president; and the board shall, on or before the fifteenth day of July, select a clerk, who shall enter upon his duties on the fifteenth day of July, but no compensation shall be allowed such clerk until all reports required by law and by the board have been duly made and filed. A majority of the board shall constitute a quorum for the transaction of business: Provided, each member shall have due notice of the time, place and purpose of such meeting; and in case of the absence of the clerk, one of the directors may act temporarily in his place. The clerk shall keep a correct record of the proceedings of all the meetings of the board. No member of the board shall receive any compensation for performing the duties of a director. (R. S. 1889, 7990.) President of board is empowered to call special meetings and the only requisite is, that each member has notice of time and place. 59 A. 580. By organization is meant election of officers. The directors should meet within four days after the annual meeting that is, before the close of the week in which the election is held, and organize by the election of a president. The clerk need not be elected until later, as he does not enter upon the duties of his office until July 15th. The president must be a member of the board. The clerk may or may not be a mem- ber of the board. The board should, after organization, fix the date of holding regular meetings of the board that is, on the last Saturday of each month, or some other date that may seem most convenient. After the date of holding regular meetings has been fixed, it is the duty of each member of the board to attend such meetings with- out notice. Special meetings of the board may be called as provided in section 9766. I desire to call especial attention to one provision of this section the one provid- ing that no compensation shall be allowed the district clerk until all reports required by law and by the board have been duly made and filed. At the meeting of the board at which the clerk is elected his compensation should be fixed by an order of the board. The law clearly contemplates that the compensation should not be paid until the end of the school year and until the board is satisfied that all reports have been made and filed. The report usually neglected is that to the county commissioner re- quired by section 9784. A reasonable compensation should be paid the district clerk, and he should be selected solely with reference to his qualifications for the position. In many of the country districts the board of directors meet for organization on the same day and immediately after adjournment of the annual meeting. SEC. 9762. Vacancy in directory, how filled. If a va- cancy occur in the office of director, by death, resignation, refusal to serve, repeated neglect of duty or removal from the district, the re- maining directors shall, before transacting any official business, ap- point some suitable person to fill such vacancy; but should they be un- able to agree, or should there be more than one vacancy at any one time, the county commissioner shall, upon notice of such vacancy or vacancies being filed with him in writing, immediately fill the same by appointment, and notify said person or persons in writing of such ap- pointment; and the person or person appointed under the provisions of this section shall comply with the requirements of section 9760, and shall serve until the next annual school meeting. (R. S. 1889, 7991.) This section applies to districts organized under the provisions of the city, town and village schools act, as well as to country districts. When a vacancy occurs from any of the causes prescribed in this section, it must be filled before transacting any official business. Any member may be cited to appear before the board of directors and show cause why his office should not be declared vacant on account of repeated neglect of duty. If it shall be held by a majority of the board that such member is guilty of repeated neglect of duty, or if such member fails to appear in obedience to notice, his office may be by them declared vacant, and some person qualified therefor may then be appointed by them to fill such vacancy until the next annual meeting. SEC. 9763. Care of property and purchase of material. The board of directors shall have the care and keeping of the school- house and other property belonging to the district, except such as may be especially confided to the district clerk. They shall provide the nec- essary globes, maps and other apparatus for the school-room, shall keep the house in good condition and repair during the period a school 22 shall be taught therein, as well as the out-houses belonging thereto and the grounds comprising the site therefor, provide fuel and other material necessary for the use of the school, and the floors shall be swept and fires made at the expense of the district, and shall cause an accurate account of the expense thereof to be kept, and submit a re- port of the same at the ensuing annual meeting. Nothing in this sec- tion shall be so construed as to prevent the use of any school-house for religious, literary or other public purposes, or for the meeting of any farmer or labor organization or society for educational purposes, whether the same be secret or otherwise, when such use shall be de- manded by a majority of the voters of such district voting at any an- nual or special meeting where such question was submitted: Provided, hoivever, that when the use of the school-house is allowed for the above named purposes, it shall be the duty of the party or parties using it to keep it clean and in good repair, and to leave it in as good condition as it was when they took charge of it: Provided, further, that should the party or parties so using the same school-house fail to comply with the provisions of this act, the directors of such district may refuse them further use of it until said provisions are complied with. (R. S. 1889, 7992, amended, Laws 1891, p. 215.) Where furniture of school district remains in school-house and the key In posses- sion of the trustees, they are in possession of school-house. 27 Mo. 251. Board of directors cannot authorize school-house to be used for purpose of teaching a Sunday school. 67 Mo. 301. Directors acting separately and apart cannot bind district. 67 Mo. 319. Acts of directors to bind corporation must be done in their official capacity. 26 Mo. 102. Proceedings of board of school directors must be shown by their record. 48 A. 408. No action can be maintained against school district upon an order drawn upon treasurer by one or more of the directors of the district. 67 Mo. 319. Board has power to make contracts for sweeping school-house and making fires. 60 A. 372; 28 A. 169. By this section the board has full care of the school buildings and all other property belonging to the district, and is empowered and directed to provide all neces- sary supplies, keep the house in good repair and cause the floors to be swept and fires made at the expense of the district. Under supplies the board may purchase out of the incidental funds a small amount of supplementary reading which is as neces- sary to the success of the school as black-boards and crayon, and more necessary than maps and charts. In exercising their right to enter into contracts binding upon the district, the board of directors is confined to the manner and the conditions required by the terms of the statute. The purpose of these requirements is that the terms of the contract shall in no essential particular be left in doubt, or to be determined at some other time. If a person can, without such contract, bind the district impliedly for the value of his services, he would defeat the purpose of the legislature in enacting the law. The law will not make that valid without writing which it requires to be in writing. 30 A. 456. The teacher has no more power to employ a janitor than he has to repair the school-house or provide fuel at the expense of the district. If in consequence of the neglect of these duties by the board the teacher cannot carry on his school for the term, the district would not be exonerated from liability to the teacher for his wages under the contract. The fault not being his, he would be entitled to full pay. 60 A. 23 "No power exists in the board of school directors to rent buildings or rooms separate from the school-house and employ a teacher for a supplementary school therein." 50 A. 39. Boards of school directors should be careful to see that the provisions of this section are properly complied with when the school building is allowed to be used for other than school purposes, for fear of vitiating their insurance. Board of directors has right under certain circumstances to reject any and all bids, and no action for damages arises. 122 Mo. 61. SEC. 9764. Rules and regulations and admission of non-resident pupils. The board shall have power to make all needful rules and regulations for the organization, grading and gov- ernment in their school district said rules to take effect when a copy of the same, duly signed by order of the board, is deposited with the district clerk, whose duty it shall be to transmit, forthwith, a copy of the same to the teachers employed in the schools; said rules may be amended or repealed in like manner. They shall also have the power to suspend or expel a pupil for conduct tending to the demoralization of the school, after notice and a hearing upon charges preferred, and may admit pupils not residents within the district, and prescribe the tuition fee to be paid by the same : Provided, that orphan children, or any children bound as apprentices and all children whose parents do not contribute to their support, shall have the privilege of attending school in any district in the state of Missouri in which they may find a permanent or temporary home, without paying a tuition fee: Provided, further, that any person who resides in a district in which only the studies enumerated in section 9798 are taught, and who pays a school tax in a city, town or village school district in which a school of a higher grade is established, shall be entitled to send his or her children to such higher grade school, and receive a credit on the amount charged for tuition to the amount of such school tax. (K. S. 1889, 7993, amended, Laws 1895, p. 265, amended, Laws 1897, p. 229.) When pupil is released and sent back to his home, neither teacher nor directors have authority to follow him thither and govern his conduct while under the parental eye. 66 Mo. 286. Teacher can punish pupils for quarreling on their way home. 85 Mo. 485. Power of school board to make rules. 71 Mo. 628. A minor who is neither an orphan nor an apprentice and whose parents reside without the school district, is not entitled to attend the public school without paying tuition fee, although having a home more or less permanent in the district. 30 A. 285. By this section boards of school directors are empowered to adopt needful and reasonable rules for the grading and government of the schools in their district. In the absence of rules being furnished by the board, the teacher may adopt such rules and punish pupils for infractions of same. This applies with equal force to the adop- tion and use of course of study. The power to suspend or expel a pupil belongs exclusively to the board of di- rectors. Before this power can be exercised the accused must be furnished a copy of the charges preferred and be granted an opportunity to defend himself against such charges. The power to suspend or expel a pupil can in no wise be exercised by the teacher; neither can the board delegate this power to the teacher. Many teachers practice sending pupils home temporarily, i. e., suspending them. This practice is clearly illegal. 24 This section provides that children whose parents do not contribute to their support may attend school without payment of tuition in any district in which such children may find a permanent or temporary home. The board is authorized to admit non-resident pupils and prescribe the tuition to be paid by same, and the board may admit to the schools persons over twenty years of age on payment of tuition just as non-residents are admitted. Where a person residing- in one school district sends to school in another district in which he pays a school tax, how to obtain credit on tuition. 18 A. 523. Courts have no power to prescribe what shall or shall not be taught in the public schools. The term common school means schools open and public to all, rather than of a definite grade. 7 A. 566; 77 Mo. 484. A resident of a school district is not entitled to attend the public schools of the district, unless he is within the age limited by the constitution, namely, between the ages of six and twenty years. 61 A. 407. SEC. 9765. Contagious diseases. It shall be unlawful for any child to attend any of the public schools of this state while af- flicted with any contagious or infectious disease, or while liable to transmit such disease after having been exposed to the same. For the purpose of determining the diseased condition, or the liability of transmitting such disease, the teacher or board of directors shall have power to require any child to be examined by a physician or physicians, and to exclude such child from school so long as there is any liability of such disease being transmitted by the same. A refusal on the part of the parent or guardian to have an examination made by a physician or physicians, at the request of the teacher or board of directors, will authorize the teacher or board of directors to exclude such child from school; and any parent or guardian who shall persist in sending a child to school, after having been examined as provided by this section, and found to be afflicted with any contagious or infectious disease, or liable to transmit the same, or after having refused to have such child examined as herein provided, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine of not less than five nor more than one hundred dollars. (K. S. 1889, 7994.) School boards have authority to make rules for the government of their schools and as such have the right to require children in attendance to be vaccinated, if deemed necessary by such board to prevent the transmission or spread of a contagious disease, and may exclude all pupils who refuse to comply with such requirement. 62 A. 8. SEC. 9766. Employment of teachers. The board shall have power at a regular or special meeting to contract with and em- ploy legally qualified teachers for and in the name of the district; all special meetings shall be called by the president, and each member notified of the time, place and purpose of the meeting. The contract shall be made by order of the board; shall specify the number of months the school is to be taught and the wages per month to be paid; shall be signed by the teacher and the president of the board, and at- tested by the clerk of the district when the teacher's certificate is filed with said clerk, who shall return the certificate to the teacher at 25 the expiration of the term ; the certificate must be in force for the full time for which the contract is made. The board shall not employ one of its members as teacher, nor shall the teacher serve as clerk of the district. All transactions of the board under this section must be recorded by and filed, with the district clerk. (R. S. 1889, 7995.) Board has no power to contract for services of teacher after their successors in the school board have been elected and qualified. 51 Mo. 21. Members of school board wantonly obstructing a teacher in the discharge of his duty, are individually liable therefor. 55 Mo. 149. An order of school board entered of record to employ teacher will be sufficient to constitute contract though no written contract be entered into. 63 Mo. 137; see 28 A. 169. School board has no power to discharge teacher, but when his certificate is revoked he is disqualified from further teaching in public schools in that county. 78 Mo. 226; 19 A. 462. Directors cannot abandon contract made with a teacher because there is not sufficient funds in the treasury to pay him. 30 A. 113- Directors have no power to rent building for school purposes without consent of voters, of district. 30 A. 641. Where school board meets and regularly employes teacher and: and orders clerk to make contract with her it is the duty of president of board to sign such contract. 50 A. 65. Not necessary that teacher have certificate that reaches to> end of term, for which she is employed, provided that during the term she has proper certificate. 50 A. 65. Teacher's contract with directors need not be in duplicate nor filed with district clerk. 70 A. 624. The employment of teachers is one of the powers vested exclusively in the board! of directors. In some districts the voters attempt to dictate by a vot.e who shall be employed as teacher, or the wages to be paid. There is no authority for a vote upon either proposition; therefore, the board is not bound by such action. A teacher may be employed at either a regular or special meeting of the board. Regular meetings of the board are those held at stated times, and it is the duty of each member of the board', to attend such meeting without notice. Special meetings of the board should be called by the president, each member being notified of the time, place and purpose of the meeting, but in the event of his failure to call such meeting when the business of the district requires that a meeting shall be held, the meeting may be called by the orther members of the board and the president notified of the time, place and purpose of the meeting. The contract must be made by order of the board. Individual members of the board acting separately cannot bind the district. When a teacher has been elected, the district record should show the name of the teacher, the number of months the school is to be taught, and the wages per month to be paid. An order should also be entered directing the president and clerk to enter into written contract with the teacher. It then becomes the duty of the president of the board to sign such con- tract, and he may be removed from office for a refusal to do so. Upon two points the law specifically requires that the contract shall be definite; the number of months the school is to be taught and the wages per month to be paid. A contract for five months, or longer, provided there is sufficient money to maintain a longer term, is only valid for five months. In some Districts a contract is made with the teacher at so much per month and wl^atevtr tuition he may collect. This is a plain violation of law. The tuition *ees must be collected and turned into the treasury to the credit of the teacher* fund. ' t* Complaint is sometimes made by teachers that they have been regularly em- ployed, the district record showing such ^employment, but that through some neglect the congac* was not dr^wn and the members of their board ha,vtyg, f r some reason, :hanged^heir^ninds, rescinCPtheir former action and emply*another teacher. This is an injustic^ t> A the 'person first employed, but he has no remedy, as the Contract is not bindig on the distric^uptil it is* m^de in writing and signed. However, sHould the teacher perform services for the' district he may recover compensation foi such -vices, even though no written contract existed. A teacher cannot 'legally enter into a contract tooteach without being in possession of a certificate issued by lawful athority. If such certificate expires before the 'end of the term contracted for, it must be renewed at expiration. * - 26 A contract for the employment of a teacher may be recovered upon, though not in writing. 63 Mo. 137. The local directors of a school district have no authority to dismiss a teacher therein, unless for good and sufficient cause shown. 55 Mo. 149. A board of school directors have no power to contract for the services of a teacher after their successors in the school board have been elected and qualified. 51 Mo. 21. A teacher does not forfeit any right under his contract, or under the law, by failing to make monthly reports, when by action of the directors the school has been closed. 30 A. 113; 28 A. 169; see 24 A. 213. The school commissioner should revoke a teacher's certificate for incompetency or immorality; the board cannot discharge a teacher for said causes until his certificate is revoked. 19 A. 462; 78 Mo. 226. Must teach in district school-house. 30 A. 641. In absence of evidence, that meeting was not regularly called, it will be presumed the meeting was regular. 59, A. 580. Where a school board meets and proceeds regularly to employ a teacher and orders its clerk to make the contract, it is the duty of the president of the board to sign such contract regardless of his view of the propriety of such action and his failure to sign the contract will not invalidate it. 50 A. 66. SEC. 9767. Contract construed. The contract required in the preceding section shall be construed under the general law of con- tracts, each party thereto being equally bound thereby. Neither party shall suspend or dismiss a school under said contract without the con- sent of the other party. The board shall have no power to dismiss a teacher; but should the teacher's certificate be revoked, said contract is hereby annulled. The faithful execution of the rules and regulations furnished by the board shall be considered as part of said contract: Provided, said rules and regulations are furnished to the teacher by the board when the contract is made. Should the teacher fail or refuse to comply with the terms of the contract, or to execute the rules and reg- ulations of the board, the board may refuse to pay said teacher after due notice, in writing, is given by order of the board until compli- ance therewith is rendered. Should the school-house be destroyed, the contract becomes void. (R. S. 1889, 7996.) Where school-house is destroyed contract is terminated. 24 A. 213. School may be dismissed and closed before end of contract term by agreement of teacher and di- rectors. 59 A. 580. Teacher's pay cannot be withheld for non-compliance with a regu- lation made by board during his employment unless properly notified of such regula- tion. 61 A. 512. Each party, the teacher on the one hand and the board on the other, is equally bound by the contract. This fact cannot be too strongly impressed upon the parties to the contract. A board of directors cannot exercise too much care in the selection of a teacher, for when the contract is completed it cannot be abrogated except by having the teacher's certificate revoked by the county commissioner as provided in section 9960 of the institute law. Faithful compliance with the rules and regulations furnished by the board is made part of the contract. Necessary rules and regluations for the government of the school should be adopted by every board of directors, and a copy of such rules fur- nished the teacher at the time of entering into contract. A person entering into a contract with a school district through its directors, must, at his peril, take notice of the limited powers of the directors, and if he enters into a contract with them in excess of their powers, no recovery can be had by him thereon. 30 A. 113. The power of a board of directors with reference to expenditures is limited to the income provided for the current year. Therefore, a teacher should inform himself before entering into contract as to amount of revenue provided for teachers' wages, as he can collect no greater amount than that provided. Note the difference, however, between "revenue 2? provided" and "revenue collected." When the levy for school purposes is made, the revenue is said to be "provided." Warrants may be drawn against the revenue provided whether it is collected during the school year or not. SEC. 9768. Visitation of schools. It shall be the duty of the board to visit the schools under their care, examine into their con- dition and the progress of the pupils, advise and consult with the teachers, and to exercise such supervision as will best promote the in- terests of the schools. (K. S. 1889, 7997.) No member of a school board should feel that he has discharged his duty until he has visited the school at least two or three times. Such visits encourage and stimu- late both pupils and teacher. Only in this manner is it possible for members of the board to make themselves familiar with the management of the school. SEC. 9769. Removal of district clerk. The board shall have power to remove the district clerk from his office for dereliction of duty, and appoint another in his place, to whom the former incum- bent shall immediately deliver his books and papers pertaining to the office. (R. S. 1889, 7998.) The district clerk is a creature of the board, and can therefore be removed "for dereliction of duty." For this reason, it is better that the clerk be not a member of the board. The president of the board is also a creature of the board, and can be re- moved and another appointed. Of course he will still hold his position as a member of the board. "It is essential, in every case, that charges be made, and trial had, and that the accused be notified and have a full opportunity for defense." 44 Mo. 570. SEC. 9770. Enumeration lists. The school board of each district shall, between the thirtieth day of April and the fifteenth day of May of each year, take, or cause to be taken and forwarded to the county clerk, an enumeration of the names of all persons over six and under twenty years of age, resident with in the district, designating male and female, white and colored, and age of each, together with the full name of the parent or guardian of each child enumerated; and also an enumeration of all blind and deaf and dumb persons of school age, resident withi ^ the district, designating male and female, white and colored, and age of each, together with the full name of the parent or guardian of each of such children so enumerated and their postoffice address; which said enumerations shall be subscribed and sworn to; and any parent or guardian who shall knowingly furnish to any enu- merator the name of any child who is under six or over twenty years of age, or who is a non-resident of the district, shall be guilty of a mis- demeanor, and any enumerator who shall knowingly return a false enumeration shall be deemed guilty of a misdemeanor and punishable by a fine not to exceed one hundred dollars; and should the board neg- lect or refuse to comply with the provisions of this section, such dis- trict shall forfeit its right to any portion of the public funds for the next ensuing school year : Provided, that the school board of any city having more than fifty thousand inhabitants may relieve itself of the duty aforesaid four times in every period of five years, by passing a 28 resolution each year adopting the last enumeration therein made as its enumeration of persons of school age in said city for such year, and thereupon such last enumeration shall be deemed returned and taken as its enumeration for such year for all purposes under this chapter. The county clerk of each county shall certify to the superintendent of the school for the deaf and dumb at Fulton, as soon as convenient after he receives the enumeration lists, the names of all deaf and dumb persons of school age in his county, giving name, age, sex and color, and the name and postoffice address of parent or guardian of such persons, and to the superintendent of school for the blind in St. Louis the names of all blind persons of school age in his county, giving name, age, sex and color, and the name and postoffice address of parent or guardian of such persons. (R. S. 1889, 7999, amended.) Section 1, Art. XI, Constitution. 84 Mo. 74; 30 A. 285. An enumerator is not re- quired to follow those who have apparently moved from district and get their secret intention, but must be guided by usual and ordinary indicia of residence. 64 A. 313. Great care should be taken by the enumerator to get the name of every child in the district entitled to enumeration. The public funds state, county, and township, are apportioned upon the enumeration, and for every name missed the district will lose from $1.50 to $3.50 or possibly more. Do not fail to forward the enumeration to the county clerk within the time specified by law. It is not the duty of the district clerk to take the enumeration. The board may take the enumeration of the district them- selves, or may cause the same to be taken by employing the district clerk or any other competent person. SEC. 9771. Estimate. The school board of each district shall, on or before the fifteenth day of May of each year, forward to the county clerk an estimate of the amount of funds necessary to sustain the schools of their district for the time required by law, or, when a longer term has been ordered by the annual meeting, for the time thus decided upon, together with such other amount for purchasing site, erecting buildings or meeting bonded indebtedness and interest on same, as may have been legally ordered in such estimate, stating clearly the amount deemed necessary for each fund, and the rate re- quired to raise said amount. (R. S. 1889, 8000.) Restriction on tax levy. Section 2, Art. X, Constitution. Where estimates re- turned by school districts stated rate of required tax levy, but did not mention amount of the several funds which levy would produce, irregularity is immaterial. 126 Mo. 472. County clerk has no authority to extend upon tax-books, without order of county court, school tax upon property of railroad company based upon school district clerk's certificate of amount of taxes to be levied for school purposes. 135 Mo. 618. This is to be made by the school board to the county clerk, and on or before the fifteenth day of May of each year. The estimate is for the following purposes: (1) For teachers' fund; (2) for incidental expenses; (3) for building; (4) for sinking fund; (5) for interest fund. The estimate for teachers' wages, if it exceeds forty cents on the hundred dollars, must state that it was ordered (section 9777) by a majority of the tax-payers of the district. The estimate for building purposes must show that it was authorized (section 9778) by two-thirds of the qualified voters of the district who voted at the election. The estimate for sinking fund (section 9757) cannot exceed forty cents on the hundred dollars. The estimate for interest (section 9758) 29 must be sufficient to pay the interest as it falls^u^ .It Is \^*ry iprportant that the estimate be made promptly and in good form, beWg~xareful- "-1T6 "state clearly the amount deemed necessary for each fund." SEC. 9772. Condemnation of site. Whenever any district shall select, at the annual or any special meeting, one or more sites for one or more school-houses, and cannot agree with the owner thereof as to the price to be paid for the same, or for any other cause cannot secure a title thereto, the board of directors may proceed to condemn the same in the same manner as provided for condemnation of right of way in chapter 12, article 7, of the Revised Statutes, entitled "Ap- propriations and valuation of lands taken for telegraph, telephone, gravel and plank or railroad purposes;" and such condemnation and the payment of the appraisement as therein provided, the title of such lot or land shall vest in the board of directors for use in trust for the district; and whenever a majority of the qualified voters and tax-pay- ers of any school district, at any annual or special meeting called for that purpose, shall determine that it is necessary to have additional grounds for school purposes, then the board of directors may proceed to condemn and pay for any amount of land adjacent to the school- house site, as provided in this section. (R. S. 1889, 8001, amended, Laws 1891, p. 204.) Section 21, Art. II, Constitution. Land condemned for public school-house site is private property taken for public use. 48 Mo. 243. In proceedings by special school district to condemn land for school-house site, defendant may put in issue plaintiff's corporate existence. 125 Mo. 439. SEC. 9773. High schools may be established. Whenever any school district of Missouri, as party of the first part, has or will furnish a room or rooms, suitable for the purposes of a high school, and will agree to seat, equip, heat and keep in order said room or rooms, for high school purposes, at its own expense, said district, to- gether with any three or more school districts in Missouri, as parties of the second part, may unite as a public central high school district, for the purposes of organizing and maintaining a high school for the better instruction of the children of such school districts in high school studies; and the question of such union may be submitted to the an- nual meetings of such districts, severally, by legal notice, as other questions are submitted to such 'meetings; and the clerk of each dis- trict voting upon the question of such union shall record the result of the vote in the records of the meeting, and, on the reorganization of the board of directors in each of the said school districts, issue to the pres- ident thereof a certificate of the vote on the said question of union; and at 2 p. m. on the Tuesday following the annual meeting, the direct- ors of the several districts which have voted on the question of said union shall meet at the school-house of the district herein designated 30 as party of the first part, and if the district sq designated as party of the first part, and any three or more of the districts herein designated as parties of second part, shall have decided severally, by majority vote, to form such central high school district, then the same shall be considered formed; and the directors of the several school districts forming such central high school district shall, on said first Tuesday after the annual election, organize for the purposes of such high school district, by electing from their number a president and secretary, and agree, by a majority vote, upon the part, not to exceed twenty per cent, of the teachers' fund of the several districts, to be set apart by the directors of such several school districts for the salary of the teacher or teachers of said central high school, and decide upon the time, place and manner of electing the teacher or teachers of said central high school, who shall hold a first-grade county certificate or certificates, or a state certificate or certificates, and who shall enter into contract with other school districts; and said directors of said school district shall annually thereafter, on the first Tuesday after the annual meeting, meet as hereinbefore provided for their first or- ganization and reorganize by the election of a president and secretary, and transact such further business as may be necessary to continue said central high school from year to year: Provided, the sum set aside by the several boards of directors of the several school districts of said central high school district for the salary of said high school teacher or teachers shall not, in any one of said school districts, exceed twenty per cent, of the teachers' fund in said school district; and the county treasurer or the township trustees handling the funds of said school districts forming said central high school district shall, upon notice from the secretary of said central high school district, set aside for the salary of said central high school teacher or teachers, the part of teachers' fund of the said several school districts agreed upon and set apart by the directors of the said several school districts, as herein pro- vided for; and said county treasurer or township trustees shall pay said high school teacher or teachers from said fund set aside, upon the warrant of the president and secretary of said central high school dis- trict; and the authority of the central high school board of directors herein created over the central high school, as to rules and regulations, shall be the same as that of the board of directors of other school dis- tricts over the schools of their districts : Provided, that the length of term of said central high school shall not exceed the average length of term in the school districts of which said central high school district is composed : Provided, that no pupil shall be perimtted to enter the classes of said central high school who Jias not completed the study of 31 descriptive geography, practical arithmetic, mental arithmetic, lan- guage lessons and elementary grammar, United States history and elementary physiology; and the teacher or teachers of said central high school may examine all pupils desiring to enter said central high school, to test their knowledge of the aforesaid subjects. (Laws 1895, p. 266.) This has been in statutes for four years and but one high school has been organ- ized under its provisions. It would be a much better plan to consolidate four or more school districts into one district for all school purposes. This can be done in accord- ance with section 9742. "When it it deemed necessary to form a new district, to be composed of two or more entire districts, etc." Four or more districts with a village near the center should be consolidated into one new district, and then within fifteen days the voters should meet and organize this new district for work, according to section 9748, and just as soon as possible organize as a village district with six directors. This will provide definitely for a school of higher grade and such primary schools as the board may deem necessary. Such an organization will enable the board to main- tain a school in each of the several original districts and to establish a central high school within reach of all the children prepared therefor, and none of them need to have farther than six miles to go to such high school. The elementary schools in the sub-districts may be properly graded and have some supervision by the princi- pal of the high school. The board could employ him with this in view. All the schools would be maintained for the same length of term out of a common fund derived from the same rate of taxes levied on the property of the entire consolidated district. In the event that the attendance in any one of the sub-districts should fall below a certain number the board could discontinue that school and arrange to have such pupils transferred and, if need be, carried by conveyances to other school or schools in the district. There is nothing in the law to prevent such an organization. It has been tried in other states. It is practical, especially in populous sections of our state and more especially where good roads are provided or should be provided. The advantages summed up in a few words are: equal taxation; equal privileges for the children in length of term, efficiency of teachers, and proper grading; all children having opportunity of a good high school with free tuition; economy of teaching force by collecting together a sufficient number of advanced pupils to justify the employment of a good teacher and in closing out the elementary schools with a small attendance. SEC. 9774. Separate schools for white and colored chil- dren. Separate frees chools shall be established for the education of children of African descent; and it shall hereafter be unlawful in the public schools of this state for any colored child to attend any white school, or for any white child to attend a colored school. (K. S. 1889, 8002.) SEC. 9775. Schools for colored children establishment of. When there are within any school district in this state fifteen or more colored children of school age, as shown by the last enumeration, the school board of such school district shall be and they are hereby authorized and required to establish and maintain within such school district a separate free school for said colored children ; and the length of the school term for said colored children and the advantages and privileges thereof, shall be the same as are provided for other schools of corresponding grade within such school district, and the board shall in all cases conduct, manage and control said school as other schools of the district are conducted, managed and controlled; and all indebt- 32 edness incurred by said board in providing suitable buildings, employ- ing teachers and maintaining said school, shall be paid for out of the appropriated funds of the district, upon warrants ordered and issued in conformity with the provisions of sections 9788 and 9789 of this chapter: Provided, there be no school building in such school district for said colored children, the board shall be and they are hereby au- thorized and required to rent suitable buildings and furnish the same, and all expenses necessarily incurred shall be paid out of any funds to the credit of the building or incidental funds of such school district. Should any school board neglect or refuse to comply with the provis- ions of this section, such school district shall be deprived of any part of the public funds for the next ensuing school year: Provided, that in case the average daily attendance of colored children for any one school month shall be less than eight, then said school board may dis- continue such school for a period not to exceed six months at any one time: Provided, that in cases where two school districts join and in either or both of said districts the enumeration of colored children of legal school age is less than twenty-five, the boards of directors of such districts may establish a joint colored school in either of said districts, the expenses of maintaining said school to be borne by the district es- tablishing same in proportion to the number of school children enu- merated in each. The control of said school shall be vested in the board of directors of the district in which the school-house wherein said colored school is maintained is located. (B. S. 1889, 8003, amended, Laws 1893, p. 247, amended, Laws 1897, p. 219.) Warrant for wages of teacher in colored school is payable out of teacher's fund. Law does not create separate fund for support of colored schools. 64 Mo. 26. Constitu- tion and laws providing for separate schools for colored children are not forbidden by fourteenth amendment to federal constitution; equality, not identity of privileges, is guaranteed to the citizens by said amendment. 103 Mo. 546. Who are residents within the meaning of this section. 64 A. 313. When the enumeration taken in any year shows that fifteen or more colored children of school age reside within the district, it is the duty of the board of directors to establish and maintain a separate free school for the education of these children. The establishment is not perpetual. Compliance with this law requires that the school privileges accorded the colored children shall equal those enjoyed by the white children. The establishment of a colored school in some old tumble-down shed of a building, with little or no furniture and situated in a remote inaccessible part of the district, while the white children in the same district are provided with a com- fortable well furnished school building, does not comply with the spirit of this law. Instances have been reported in which it is claimed that the enumerator returned a false enumeration in order to avoid the establishment of a school for the colored children. In doing this, the enumerator not only violates his oath of office, but is guilty of a misdemeanor, punishable by a fine of $100.00. See section 9770. For failure to establish a colored school when fifteen colored children are enum- erated in the district, the district forfeits all public funds due it, and the board of directors may be removed from office for neglect of duty. In a district having estab- lished a colored school, if the enumeration of colored children falls below fifteen, the school may be discontinued. The board also has authority to discontinue the school for a period of six months when the average daily attendance for any one 33 month falls below eight. Should a school be discontinued for this reason, it must be reopened at the expiration of six months unless the white school in the district has closed in the meantime, in which event the colored .school need not be reopened dur- ing" the current school year. There is no authority for setting aside a certain sum of money to maintain the colored school. The expense of maintaining the colored school must be paid in the same manner and out of the same funds drawn upon to sustain the white school. This encourages adjoining districts, each having an enumeration of colored chil- dren less than twenty-five, to consolidate their school for colored children. The fact that colored children have to go further to attend school than white children does not furnish a substantial ground of complaint on the part of the former. 103 Mo. 546. SEC. 9776. Colored children, right to attend other schools in the county. When the number of colored children of school age residing in any school district, as shown by the last enum- eration, shall be less than fifteen, they shall have the privilege and are entitled to attend school in any district in the county wherein a school is maintained for colored children, and the school board of the district in which such colored children reside shall reserve a suf- ficient amount from the teachers' fund of such district to pay the ex- pense thus incurred for such school year; but such colored children shall only be entitled to attend school for the same length of time that other schools of the district in which the} 7 reside are maintained; and at the end of the school term, the school board of the district in which such children may have attended school shall make out and forward to the school board of the district in which such children re- side an account showing the amount due for said colored children, said amount to be equal to the pro rata expense of such attendance, the same to be prorated according to the amount paid for teachers' wages and incidental expenses during such school term; and the school board of the district in which such children reside shall issue an order on the county or township treasurer to transfer said amount to the credit of the teachers' fund of the district in which said children attended school. Any school board neglecting or refusing to comply with the provisions of this section shall be held individually respon- sible for the amount due the district in which said colored children attended school. (B. S. 1889, 8004.) This section gives colored children of school age, residing in a school district not containing the requisite enumeration, the right to attend any colored school in the county. This section imposes two duties upon the board of the district in which the colored children reside: (1) "to reserve a sufficient amount from the teachers' fund of such district to pay the expenses thus incurred;" (2) "to issue an order on the county or township treasurer to transfer said amount to the credit of the teachers' fund of the district in which said children attended school." The section imposes one duty upon the district in which the colored children attend, as follows: "To make out and forward to -the school board of the district in which the children reside, an account showing the amount due for said colored children." It should be noted that the colored children are only entitled to attend school during the time that the other schools in the district in which they reside are maintained; that is, if there is only S-3 34 a five-months' school in the country district in which the colored children reside, they are permitted to attend but five months in the district maintaining a colored school, even though that district should maintain an eight months' school. To find the amount due the school in which the colored pupils attend, it is necessary to ascer- tain the cost per colored pupil per day, and multiply this by the number of days aU tended by the colored children residing without the district. This is what is meant by "pro rata expenses of such attendance, the same to be prorated according to the amount paid for teachers' wages and incidental expenses during such school term." Note that "the school board in the district in which such children may have attended" shall forward the account against the other district "at the end of the school term." For a failure to pay the account, if found correct, the board of directors to which the account is presented become personally liable for the amount. Failure to present the account at close of school does not forfeit the claim. The account may be collected at any time within five years after it becomes due. SEC. 9777. Increase of tax levy for maintaining schools. Whenever it shall become necessary, in the judgment of the board of directors of any school district, or boards of trustees or boards of education of any city, town or village in this state, to increase the annual rate of taxation for school purposes, or when any five resident tax-payers of such district shall petition such board, in writing, that they desire an increase in the rate of taxation, such board shall de- termine the rate of taxation necessary to be levied in such district within the maximum rates prescribed by the constitution for such purposes, and shall submit to the voters of said city, town, village or other school district, who are tax-payers of such city, town, vil- lage or other school district, at an election to be by such board called and held for that purpose, at the usual place of holding elections for members of such board, whether the rate of taxation shall be in- creased as proposed by said board, due notice having been given as re- quired by section 9779; and if a majority of the voters who are tax- payers voting at such election shall vote in favor of such increase, the result of such vote, and the rate of taxation so voted in such dis- trict shall be certified by the clerk or secretary of such board or dis- trist to the clerk of the county court of the proper county, who shall, on the receipt thereof, proceed to assess and carry out the amount so returned on the tax-book on all the taxable property, real and per- sonal, of such city, town or village, or other school district, as shown by the last annual assessment for state and county purposes, includ- ing all statements of merchants provided by law. (R. S. 1889, 8005.) Whenever a board deems it necessary or is petitioned by five resident tax-payers, it shall determine the increase of levy for school purposes. Proper notice having been given under section 9779, the proposition is voted upon, and is carried "if a majority of the voters who are tax-payers voting at such election shall vote in favor of such increase." Note that tax-payers and not qualified voters are spoken of. A tax-payer is one who owns either real or personal property liable to assessment and taxation. Observe that only a majority and not a two-thirds majority is -required; also, tlA,t it is a majority of the tax-payers "voting at such election," and not a majority of the tax-payers of the district. For limitation of taxation, see article 10, section 11, Missouri Constitution, and section 9844. 35 The provisions of the Constitution limiting the rate of taxation does not require legislative action to enforce it, and goes into effect at once, notwithstanding the proviso allowing the rate to be increased by legislative action and a specified popular vote. 62 Mo. 444. SEC. 9778. For erecting school-house. Such board of education or school boards of any city, town or village, or board of directors of any school district in this state, shall, whenever it shall become necessary, in their judgment, or be requested by a peti- tion of ten tax-payers of any school district, city, town or village, to increase the annual rate of taxation for the purpose of erecting school buildings in such district, determine the rate of taxation necessary to be levied within the maximum rates prescribed by the constitution, and as therein limited for such purposes, and shall submit to the voters of districts formed of cities, towns and villages, or other school district, at an election to be by such board called and held for ttat purpose, at the usual place for holding elections for members of such board, whether the rate of taxation shall be increased as proposed by said board for erecting school building, due notice having been given as required by section 9779, and if two-thirds of the qualified voters of such school district, or of such city, town or village forming a school district, voting at such election, shall vote in favor of such increase for the purpose aforesaid, the result of such vote and the rate of taxa- tion so voted shall be certified by the secretary or clerk of such board to the clerk of the county court of the proper county, who shall on the receipt thereof, proceed to assess the amount so returned for building purposes on all the taxable property, both real and personal, of such city, town or village forming such school district or other school district, as shown by the last annual assessment for state and county purposes, including all statements of merchants as is provided by law. (R. 8. 1889, 8006.) No authority exists to borrow money and issue bonds to purchase school-house site. 114 Mo. 641. Whenever the board deems it necessary or is petitioned by ten tax-payers of the district, it shall determine the rate to be levied for building purposes, notice having been given in accordance with section 9779. The proposition is carried "if two-thirds of the qualified voters of such school district voting on the proposition shall vote in favor of such increase." Note that two-thirds of the qualified voters, and not a majority, is required. Observe also that it is two-thirds of those voting at the election: that is, two-thirds of the votes cast at the election, and not two-thirds of the qualified voters of the district. For limitation of levy for building purposes, see article 10, section 11, Missouri Constitution; also, section 9844. A building levy should be used for pur- chase of site, erection of house and furnishing the same. All permanent improvements should be made from the building fund rather than from the incidental fund, such as building a fence, digging a cistern, erecting outhouses and seating school-room. The act (Laws 1885, p. 230) authorizing an increase in the levy of school taxes for building purposes on the apportionment of the valuation of a railroad company's roadbed and rolling-stock, and empowering the county court to take into consideration the rate of increase for such purposes, made in districts through which the railroad does not run, in fixing the rate to be levied, is constitutional. 97 Mo. 496. 36 SEC. 9779. Notice of election for increase of tax. The elections. authorized in sections 9777 and 9778 may be held at an an- nual meeting, or at a special meeting called and held for that purpose. Said board of directors or boards of education calling such election shall cause at least fifteen days' public notice to be given of the time and place of holding such election or elections, and the purposes for which it is held, by publication in some newspaper published in such city, town or village forming such school district or other school dis- trict; and if no newspaper is published in such school district, then by five written or printed hand-bills, posted in five of the most public places in such district. (R. S. 1889, 8007.) SEC. 9780. Special meetings. Special school meetings for the transaction of business authorized by this chapter, and not re- stricted to the annual meeting or otherwise provided for, shall be called by the board when a majority of the qualified voters of the dis- trict sign a petition requesting the same, and designating therein the purpose for which said meeting is desired. Upon the reception of such petition, the board shall call said special meeting and require the district clerk to post notices in five public places within the district for fifteen days prior to the day of said meeting, setting forth the time, place and purpose of the same; and when assembled, the meeting shall be organized by the election of a chairman and a secretary, who shall keep a correct record of the transactions of the meeting, said record to be signed by the secretary, attested by the chairman, and filed with the district clerk, who shall enter the same upon the records of the district; but said meeting shall have no power to act upon any prop- osition not contained in the petition and submitted in the notices. (R. S. 1889, 8008.) Boards of directors have no authority to call special meeting, unless properly petitioned by a majority of qualified voters of district. 114 Mo. 641. Special meeting may be called for purpose of continuing school beyond period required by constitution. 27 A. 36. Note that special school meetings shall be called by the board "when a ma- jority of the qualified voters of the district sign a petition requesting the same, and designating therein the purpose for which said meeting is desired." The special meeting when called can vote only on the proposition set forth in the petition and notices. Of the items under 9750, the following are "restricted to the annual meeting or otherwise provided for:" item 2 (election of directors); item 3 (filling of vacancy in board), restricted to the annual meeting by section 9759; item 4 (increase of levy for school purposes), otherwise provided for by section 9777; item 6 (change of boundary), restricted to the annual meeting by section 9742; item 8 (election of commissioner), restricted to annual meeting by section 9803; item 9 (levy for build- ing purposes), otherwise provided for by section 9778. The following items under 9750 are "not restricted to the annual meeting or otherwise provided for," and, therefore, may be acted upon at a special meeting called under section 9780: item 4 (increase of school term); item 5 (to vote sum for library); item 7 (sale of school property no longer needed for use of district); item 10 (location of school-house site); item 11 (Change of school-house 37 The law does not limit the number of times a proposition may be submitted to the legal voters of a school district. A proposition not restricted to the annual meeting 1 nor "otherwise provided for" may be submitted as often as a majority of the qualified voters of the district will sign a petition requesting that a special meet- ing be called, and designating the purpose for which such special meeting is desired. Upon reception of such petition, the board of directors must call the meeting. SEC. 9781. School day, week, month and year. --The school day shall consist of six hours occupied in actual school work; the school week shall consist of five school days, except when Thanks- giving day, December 25, February 22 or July 4 shall fall upon a reg- ular school day, then the four remaining school days, if taught, shall constitute a legal school week; the school month shall consist of four weeks; and the school year shall commence on the first day of July and end on the thirtieth day of June following. (R. S. 1889, 8009.) By long established custom, a great majority of our rural schools divide the school day as follows: 9:00, opening; a ten minute recess middle of forenoon; 12:00 to 1:00, noon; 1:00, opening of afternoon session; a ten minute recess middle of after- noon; 4:00, dismissal. Consensus of opinion approves this plan as best for children. The phrase "Six hours occupied in actual school work" has reference to work by the teacher in and about the school room. The above programme fulfills the requirement. For, from the nature of the case, the full time of the teacher is occupied during the forenoon and afternoon recesses in looking after the heating, ventilation and innumerable other matters of detail which cannot be attended to except when the greater number of children are at liberty. But this is "actual school work." In most of the well organized city and town schools the children of the higher grades are engaged in study and recitation about five hours daily; the smaller children a much shorter time. Counting work in and about the school before 9 a. m., at noon, and after 4 p. m., good teachers in good schools usually spend from seven to nine hours daily in "actual school work." This they do voluntarily and cheerfully at times overruling the protests of the janitor. There are no legal school holidays except those specified in this section. General election day and New Year's day are not legal school holidays. Many schools have adopted the Monday holiday, and teach on Saturday. The state superintendent will try to visit each county in the state once every two years. He would be glad if directors and teachers would agree to take a day off and meet him on such occasions to discuss with him some important school questions. A day so spent will r^ot be lost. There is nothing in law to prevent such suspension, and to pre- vent the board's paying teacher for that day. SEC. 9782. Arbor day set apart. The first Friday after the first Tuesday in April of each year is hereby set apart as Arbor day for this state, and all teachers, pupils and patrons are requested to ob- serve the same in their respective school districts by encouraging the planting of trees, shrubbery and flowers upon arid around the school grounds of their districts, that said grounds may be rendered pleasant and attractive a part of said day to be devoted to literary exercises having special reference to the work in hand, as the teacher or com- mittee in charge may direct, and the afternoon to be devoted to the improvement and ornamentation of the school grounds. (R. S. 1889, 8010.) Sec. 9782. Arbor day properly observed will cultivate good taste and sentiment. The planting of trees, shrubs and flowers, and gving them proper cultivation should be regarded by teachers and pupils as a privilege. The school premises have a great 38 educating influence. The directors should see to it that the school grounds are fully supplied with trees and grasses. The shrubs and flowers and little experimental garden belong properly to the teachers and pupils. Arbor Day is only a day for special culture by means of these things. The trees, shrubs, grasses and flowers should be well kept all the year round. The school-house and grounds should constitute the culture center of each district. They should be so kept as to exercise a wholesome influence on the children of the district all the year round. Recollections of the library, the clean floors and furniture, the well kept lawn, the shade trees and flower beds, should be made green spots in memory for all time to come. Tn fact the school-house and grounds and every thing connected therewith should be as inviting as the best home in the district. SEC. 9783. Penalty for injuring school property or fail- ure to perform official duty. Every person who shall willfully injure or destroy any building used as a school-house, or for other educational purposes, or any furniture, fixtures or apparatus thereto belonging, or who shall deface, mar or disfigure any such building, furniture or fixture, by writing, painting, cutting or pasting thereon any likeness, figures, words or devices, shall be fined in a sum double the amount of damage done to any such building, furniture or ap- paratus, and shall be fined in a sum not less than ten nor more than fifty dollars for each offense, for writing, painting, cutting or pasting on any such building, furniture or fixtures, any such words, figures, likeness or device, to be recovered by civil proceedings in any court of competent jurisdiction, in the name and to the use of the school dis- trict to which the property may belong; and the punishment provided in this section to be in addition to and not in lieu of the punishment provided by the statute regulating crimes and punishments for such offenses. Any district or county clerk, county commissioner, county treasurer, school director or other officer, who shall willfully neglect or refuse to perform any duty or duties pertaining to his office under this chapter shall be regarded as guilty of a misdemeanor, and sub- ject to a fine of not more than one hundred dollars, to be recovered in any court of law in this state having competent jurisdiction. (R. S. 1889, 8011.) This section imposes a penalty, (1) for injuring school property; (2) for failure to perform official duty. Observe in each case the word "willful." "To sustain a charge of misdemeanor in office, it must be confined to official conduct; that conduct must be shown to have been willfully corrupt." 41 Mo. 210. The word willfully as used in this section means intentionally and knowingly. For full information as to how to proceed in misdemeanor cases, before justices of the peace, see article 12, p. 706 of the Revised Statutes of 1899. Disturbance of the school may be punished as prescribed in section 2160, Revised Statutes, 1899. SEC. 9784. Duties of district clerk. The district clerk shall keep a record of the proceedings of all annual and special meetings of the qualified voters of the district; also, the proceedings of the board of directors. He shall make copies of the election notices, contracts with teachers, certificates and all other papers relating to the busi- ness of the district, and securely keep the same. He shall transmit v- ^ 39 ^ UI to the county commissioner, on or before the fifteenth day of July in each year, a report embracing the following items: First, the num- ber of children, male and female, white and colored, attending the public schools during the year; second, total number of days attend- ance by all such children; third, the number of days the public schools of the district have been maintained during the school year; fourth, the number of teachers employed, male and female, and the wages per month of each; fifth, the number of school-rooms occupied in the dis- trict and the number of children that may be seated in the same; sixth, estimated value of school property owned and managed by the dis- trict; seventh, assessed valuation of the district; eighth, rate of school tax on the assessed valuation of the district; ninth, cash on hand at the beginning of the year; tenth, tuition fees received and credited to the teachers' fund of the district; eleventh, public funds received by county treasurer; twelfth, district tax received by county (or township) treasurer, thirteenth, amount paid on teachers' wages; fourteenth, amount paid for incidental expenses; fifteenth, amount expended for purchasing site, erecting school-houses, rent and re- pairs; sixteenth, amount expended in canceling bonded indebtedness and paying interest on same; seventeenth, amount expended for li- brary; eighteenth, cash on hand at the end of the year. (K. S. 1889, 8012.) 30 A. 641; 48 A. 408; 58 A. 658. District clerk should enter upon records of district an exact copy of record of annual meeting as kept by secretary; but, should be fail to do so, his record is admissible in evidence. 54 A. 31. This section makes it the duty of the district clerk (1) "to keep a record of the proceedings of all annual and special meetings;" (2) "of the proceedings of the board of directors;" (3) he shall make copies of the election notices, contracts with teachers, certificates and all other papers relating to the business of the district, and securely keep the same; (4) to " Transmit to the county commissioner on or before the fifteenth day of July in each year a report." The record of the annual and special school meetings is of special importance. It is the only official evidence of these proceedings. Grave questions nre settled at these school meetings directors elected, levies made for school purposes and for building purposes, and school bonds voted. Remember that the record of the district clerk obtained from the secretary of the meeting is the only official and legal evidence of these transactions. The district clerk's financial statement to the annual meeting under section 9795 should be carefully recorded. Again, how important it is that the proceedings of the board of directors be carefully recorded! This record is the only legal evidence as to whether a teacher was elected or a contract let. But no duty of the district clerk is more important than that of transmitting a correct report to the county commissioner, embracing every item in the blank report prepared by the State Superintendent. This report is due from the district clerk "on or before the fifteenth day of July in each year." The law specifies that it must be made on or before July 15. This does not mean the last of July or any time during August or September, as many district clerks seem to think. If the district clerks do not make their reports promptly, how can the county commissioner make his report promptly to the State Superintendent? As late as November, we urge a county commissioner to send in his report. He replies that some district clerks have so far failed to make their reports to him. Boards of directors should dismiss such inefficient clerks. Note also from section 9761 that no clerk shall receive his compensation until his report Is made. Board should not allow the clerk any pay 40 until he shows receipt from the county commissioner that his report is accepted. This should be enforced strictly. This report cannot be made before the first day of July because the school year does not end till the 30th day of June. You will notice (section 9850) that it is between July 1 and July 15 that the county treasurer settles with the county clerk, thus arriving at the data for the financial statement of each district of the county, showing 1 the receipts and disbursements. Duties of district clerks discussed. 89 Mo. 23. SEC. 9785. County commissioner to furnish necessary blanks to school officers. All necessary blanks required by school officers shall be furnished by the state superintendent to the county commissioners, who shall immediately upon the receipt of the same, supply the clerk of each district in their respective counties with the same, the form of such blanks to be determined and indicated by the state superintendent as provided by law; and all necessary expenses incurred by the commissioner for postage and stationery in supplying the districts of his county with blanks laws, reports and circulars of information shall be paid for annually out of the county treasury, upon an order from the county court, based upon an item- ized statement of the commissioner, accompanied by corresponding vouchers. (R. S. 1889, 8013.) The State Superintendent prepares blanks and expresses them to county commis- sioners every year in February with the request that they be sent immediately to the clerks. In doing this, the commissioner incurs certain expenses for postage and sta- tionery. When he purchases postage or stationery, he should take a receipt. This is his voucher. He should present to the county court, at its quarterly sessions, an item- ized statement of his expenses for postage and stationery, accompanied by the vouchers. It is the duty of the county court to allow all such accounts. The blanks printed under the direction of the State Superintendent and sent out are as follows: (1) Notice of Annual Meeting; (2) District Clerk's Financial State- ment to Annual Meeting; (3) Estimate to County Clerk; (4) Enumeration List; (5) Teacher's Contract; (6) Teacher's Monthly Report; (7) Teacher's Term Report, includ- ing individual pupils reports; (8) District Clerk's Report to County Commissioner; (9) County Commissioner's Report to State Superintendent; (10) Teacher's Blank Cer- tificate; (11) School Warrants; (12) Pupils Certificates of graduation. SEC. 9786. District clerk to procure record book and teacher's register. It shall be his duty to procure the necessary record books for the proper transaction of the duties of his office; also to procure and furnish to each teacher a school register, properly ruled, headed and classified, to exhibit the following: The names, ages and studies pursued by all pupils attending the school, the date of their entrance, daily attendance and absence, and the date of the visitation of the school by the directors or patrons, and such other facts as the state superintendent may require the above to be paid for out of the moneys used to defray the incidental ex- penses of the district. (K. S. 1889, 8014.) In the district clerk's record book are recorded the proceedings of annual and special meetings of the board of directors, copies of election notices, contracts with teachers, etc., in accordance with section 9784. This book shall contain three or four quires of paper. District clerk must procure a register for the teacher. This is not op- tional, and the teacher should take special pains to use this register to the best ad- vantage. Section 9800. 41 SEC. 9787. Notice of special meetings. It shall be the duty of the district clerk to post all notices required by law when duly ordered by the board, for any annual or special school meeting, also those required by law to be posted by the district clerk without such order of the board; and all such notices shall be posted in five public places within the district, for fifteen days prior to the day of such meeting. (B. S. 1889, 8015.) Change of boundary of district; duty of clerk as to notices. 89 Mo. 23. Sufficiency of notice. 54 A. 31. Special meetings are those provided for by sections 9752, 9777, 9778 and 9780. It is supposed that all qualified voters should take notice of the annual meeting without notices being posted, but it has become customary to post notices for annual meet- ings as well as for special meetings, as it often happens that special propositions re- quiring notice are voted on at the annual meeting. Prospositions requiring notices for the annual meeting should be considered as if submitted at a special meeting. In other words the annual meeting becomes a special meeting when it considers anything not specifically designated as belonging thereto. The district clerk may be proceeded against under section 9783 for failure to perform his duty. SEC. 9788. Payment of district indebtedness. Upon the order of the board of directors, it shall be the duty of the district clerk to draw warrants on the county treasurer in favor of any party to whom the district has become legally indebted, either for services as teacher, for material purchased for the use of the school, or ma- terial or labor in the erection of a school-house for said district the said warrant to be paid out of any moneys in the appropriate funds in the hands of the said treasurer, and belonging to the district. The species of indebtedness must be clearly stated, and should be drawn on its appropriate fund: all moneys for teachers' wages on the teach- ers' fund; all moneys used in the purchase of a site, erection of build- ings thereon, and furnishing the same, on building fund; and all other expenses to be paid out of the contingent fund: Provided, however, that no order for the payment of teachers' wages shall be drawn in favor of any person not holding a certificate of qualification, signed by the county commissioner or state superintendent, or in favor of any teacher delinquent in his monthly or term reports; and further provided, that before drawing any such warrant, the president of the board shall first visit the office of the county or township treasurer, and record his signature in a book to be kept in the office of said treasurer for that purpose. (R. S. 1889, 8016.) Where an average rate for school building tax is computed upon a basis which blends rate of taxes for school buildings, sinking and interest fund, the irregularity is no ground to enjoin collection of tax. 126 Mo. 472. Those funds are all part of building fund. Id. Until teacher files his report, directors have no right to order pay- ment of his wages. 24 A. 213. But teacher does not forfeit any rights under his con- ' tract by failure to make such reports, if prevented from so doing by action of directors. 30 A. 113; 31 Mo. 319. This section provides for the drawing of warrants upon the "order of the board of directors," by the district clerk, "on the county treasurer, in favor of any party to 42 whom the district has become legally indebted." These warrants must be upon the proper fund. Three funds are specified teachers' fund, building fund and contingent fund. The species of indebtedness must be clearly stated. No teacher delinquent in his monthly or term reports, or not holding a legal certificate, can receive a warrant. The president of the board is required to record his signature with the county or township treasurer. The object of this is to prevent fraud. By section 9864 in express terms, and by section 9761 by inference, no warrant can be ordered except by a majority of the board: that is, unless a majority of the whole board vote therefor. The reason I say "by inference," under section 9761, is that by this section a majority of the board is necessary to constitute a quorum. A majority of a board of three is two. If two members are present, both must vote for issuing the warrant before it can be ordered issued. This is a majority of the entire board. In signing warrants, the president and clerk of the board act ministerially. It is their duty to sign warrants when ordered by the board, regardless of their preferences in the matter. Boards of directors, in purchasing furniture or apparatus from agents, should be very careful not to be induced to sign any contracts or warrants presented by these agents^ If a purchase is made from agents, the warrant should be drawn upon the legal blanks belonging to the board and upon the incidental fund. Boards of directors have no authority to order a warrant or enter a contract ex- ceeding the revenue provided for the current school year. Such warrant or contract does not constitute a legal claim against the district. SEC. 9789. Form of warrant. The warrants thus drawn shall be in the following form, and shall be signed by the president of the board and countersigned by the district clerk: TEACHERS' FUND. $ No. Treasurer of county, Missouri: Pay to or order, for services as teacher in district No. , township , range , dollars, out of any funds in your hands for the payment of teach- ers' wages belonging to said district. Done by order of the board, this day of . 19. , president. , clerk. INCIDENTAL FUND. $ No. Treasurer of county, Missouri: Pay to , or order, the sum of dollars, for furnished district No. , township , range , out of any funds in your hands for the payment of incidental expenses belonging to said district. Done by order of the board, this day of , 19. , president. , clerk. BUILDING FUND. $ No. Treasurer of county, Missouri: Pay to , or order, the sum of dollars, for furnished in the erec- tion of a school-house in district No. - , township , range , out of any money in your hands belonging to the building fund of said district, and not other- wise appropriated. Done by order of the board, this day of , 19. , president. , clerk. The treasurer shall open an account for each fund specified in this section, and all moneys received from the state, county and town- ship funds, and all moneys derived from the taxation for teachers' wages, and all tuition fees and all back taxes, shall be placed to the credit of the "teachers 7 fund;" the money derived from taxation for incidental expenses shall be credited to the "incidental fund;" all moneys derived from taxation for building purposes, from the sale of school site, school-house or school furniture, from insurance, from 43 sale of bonds, from sinking fund and interest, shall be placed to the credit of the "building fund;" and all moneys not herein specified that now belong to any school district, or that may hereafter be re- ceived by such school district, shall be placed to the credit of the "teachers' fund" of such school district. No treasurer shall honor any warrant unless it be in the proper form and upon the appropriate fund; and each and every warrant shall be paid from its appropriate fund, and no partial payment shall be made upon any school warrant, nor shall any interest be paid upon any such warrant: Provided, that the board of directors shall have the power to transfer from the inci- dental to the building fund such sums as may be necessary for the ordinary repairs of school property; provided further, that in the event of a balance remaining in the building fund, after the purpose for which said fund was levied is accomplished, the said board shall have the power to transfer such unexpended balance to the incidental fund. (R. S. 1889, 8017, amended, Laws 1895, p. 263.) School warrant will not draw interest, but treasurer refusing to pay warrant when legally drawn and payment of same demanded, will be liable on his official bond for damages sustained, which would be interest on amount detained. 72 A. 403. This section defines the three funds and gives the source from which each is derived. It also provides, "no treasurer shall honor any warrant unless it be in the proper form and upon the appropriate fund, and each and every warrant shall be paid from its appropriate fund." This positively prohibits the interchange of funds; that is, the teachers' fund cannot be used for incidental purposes, nor the incidental fund for paying teachers' wages. Neither can the building fund be used for any other purposes. However, the syllabus 64 Mo. 26, reads as follows: "Under a proper con- struction of this section, it was simply intended to provide that the money raised by taxation for building purposes should be applied only to that purpose, and that the money raised by taxation for other purposes should not be paid out for building." It must be remembered that when this opinion was rendered, the law provided for two funds a building fund and a fund for all other purposes. See laws of '74, p. 162, section 65. The three funds must, therefore, be carefully looked after and kept sep- arate. SEC. 9790. School moneys, how applied. All moneys aris- ing from taxation shall be paid out only for the purposes for which they were levied and collected; but the income from state, county and township funds shall be applied only to the payment of teachers' warrants, issued by order of the board to legally qualified teachers for services rendered according to law. No county or township treas- urer shall honor any warrant against any school district that is in excess of the income and revenue of such school district for the school year beginning on the first day of July and ending on the thirtieth day of June following; nor shall any portion of the funds mentioned in this section be applied in payment of any teacher's warrant issued prior to the distribution of such funds in accordance with section 9840, and no school warrant shall bear interest. (R. S. 1889, 8018.) Money can be paid out only for purposes for which it was levied and collected. 58 Mo. 116; 64 Mo. 26. Liability of county court for diversion of county school fund. 110 Mo. 67. 44 This section further emphasizes the distinctness of the three funds, and provides, "no county or township treasurer shall honor any warrant against any school dis- trict that is in excess of the income and revenue of such school district for the school year beginning- on the 1st day of July and ending on the 30th day of June following." Article 10, section 12 of the Constitution of Missouri, upon which the above quoted provision is based, reads: "No school district shall be allowed to become indebted in any manner or for any purpose to an amount exceeding, in any year, the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose." These provisions oblige the board to so manage the expenditures of the district as to make each year take care of itself. No treasurer is permitted to cash a warrant in excess of the revenue provided for the school year in which such warrant is issued. A warrant, however, may be issued when there is no money in the proper fund to pay it, as taxes may be collected before the end of the school year June 30 thus permitting this warrant to be legally paid. Under a proper construction of this section, it was simply intended to provide that the money raised by taxation for building purposes could be applied only to that purpose, and that the money raised by taxation for other purposes could not be paid out for building. 64 Mo. 26. SEC. 9791. Permitting school boards to loan sinking fund. Whenever any school district in any county in this state, which now has or hereafter shall adopt township organization, shall accumulate a sinking fund for the payment of district indebtedness, the board of directors of such school district shall have the power to loan such sinking fund, for such length of time as they shall deem proper, such time not to extend beyond the maturity of the district's indebtedness. Said board shall not loan said* money for a less rate of interest than six per cent, per annum, nor for a greater rate than eight per cent, per annum. The security which shall be required shall be unincumbered real estate of at least double the value of the amount loaned, and in addition, the borrower shall give a note or bond with one or more solvent sureties, to be approved by the board of school directors, payable to the board of directors of the school district mak- ing the loan; which note or bond shall be described in and secured by the deed of trust or mortgage on the real estate given as security. (Laws 1897, p. 232.) SEC. 9792. County court may invest sinking fund, how. Whenever there are outstanding any legal county revenue warrants of any county, bearing six per cent, interest, which will be redeemed by the taxes of the current year, and there are school moneys in the hands of the county treasurer, belonging to the various districts, which will not be required for the support of the public schools before the date when such revenue warrants will be paid, the county courts are authorized to direct the county treasurer to invest such surplus school moneys in the revenue warrants, and hold them for the use and benefit of the school districts until the money for the redemption of such warrants is received into the county revenue fund, when such money shall be applied to their payment. (Laws 1893, p. 255.) 45 SEC. 9793. County treasurer to report. The county treas- urer shall, at the first term of county court after the redemption of the warrants by the county revenue fund, submit to the court a de- tailed statement, showing the amount and time the school moneys were invested, the amount belonging to each district so used, and the amount of interest realized for each district ; and the court shall direct such interest to be placed to the credit of the respective dis- tricts, and the treasurer be charged therewith. (Laws 1893, p. 255.) SEC. 9794. Record and report of district plat. The dis- trict clerk shall record a cop} 7 of all reports made by him to the county commissioner. He shall also record in the record book of the dis- trict a correct plat of the district, changing the same as often as alter- ation is made in the boundary lines by the proper authority and shall furnish the county clerk and county commissioner with copies of the same, and shall officially notify them of any change whenever made. (B. S. 1889, 8019.) SEC. 9795. Statement to treasurer. The district clerk shall, within five days next preceding the annual meeting, obtain from the county or township treasurer a statement showing the receipts and disbursements of the district since the last annual school meet- ing, and the balance to the credit of the various funds of the district, and the clerk shall report the same to the annual meeting and enter the same upon the records of the district. (B. 8. 1889, 8020.) SEC. 9796. Teachers certificate before employment. Xo teacher shall be employed in any school supported by the public funds, or any part thereof, until he has received a certificate of quali- fication therefor, signed by the commissioner .of the county where he or she intends to teach, except those holding normal diplomas and certificates entitling them to teach' under section 9993 of the chapter on normal schools, and except those holding certificates then in force from the state superintendent. (R. S. 1889, 8021.) This section prohibits the employment of a teacher not holding a certificate. This includes substitute teachers. Whenever a substitute teacher teaches for even a day or a week, he should have a certificate. SEC. 9797. Teachers and directors liable to a misde- meanor, when. Any teacher who shall enter a public school in this state to teach, govern or discipline the same before complying with the provisions of section 9766 and 9796 shall forfeit all right, title and claim to any compensation therefor, and shall be deemed guilty of a misdemeanor and punishable by a fine not to exceed one hun- dred dollars; and any director who shall indorse or encourage said teacher in such unlawful conduct shall in like manner be deemed guilty of a misdemeanor and punishable by a like fine. (B. S. 1889, 8022,) 46 SEC. 9798. Qualifications necessary for certificate. No person shall be granted a certificate to teach in any of the public schools established under the provisions of this chapter who is not of good moral character, and qualified to teach orthography, read- ing in English, penmanship, arithmetic, English grammar, modern geography, history of the United States, civil government, theory and practice, and physiology and hygiene with special reference to the effects of alcoholic drinks and stimulants and narcotics generally upon the human system. (R. S. 1889, 8023.) SEC. 9799. Instruction in physiology and hygiene. Physiology and hygiene, including their several branches, with spe- cial instruction as to the effect of alcoholic drinks, narcotics and stimulants on the human system, shall constitute a part of the course of instruction, and be taught in all schools supported wholly or in part by public money, or under state control. (R. S. 1889, 8024, amended, Laws 1897, p. 233.) SEC. 9800. Register of attendance. It shall be the duty of every teacher employed in any of the public schools of the state to keep a daily register, in which the names, ages and date of entrance of the pupils shall be entered, and the studies pursued by the same; the date of each visitation by the directors or other school officers; which register shall be open to the inspection of the public at all times, (R. S. 1889, 8025.) SEC. 9801. Monthly and term reports. It shall be the duty of every teacher to make out and file with the district clerk, at the expiration of each month, a report of the number of pupils in at- tendance during the month, distinguishing between male and female, the average attendance, and such other statistics as the directors, by order, may require, and no warrant shall be ordered by the board or drawn by the clerk for such month's salary until such monthly report has been made and filed with the district clerk;. and at the close of the term a report, embracing a summary of the above, to- gether with the length of term taught, wages paid teachers em- ployed, and such other information as the board, by its official acts, may require; and no warrant shall be issued by said clerk in favor of such teacher for the last month's salary of such term, until he shall have filed with said clerk such term report. (R. S. 1889, 8026.) Teacher must make out and file with clerk of district monthly report to entitle him to his wages. 24 A. 213. Many teachers are careless in making their monthly and term reports, often using lead pencil instead of pen and ink, and sometimes using any kind of paper instead of the proper blanks sent out from this department. In a graded school composed of a number of teachers, the assistant teachers should make their reports to the principal or superintendent, and he should condense these reports and make one report to the board. "No warrant shall be issued by said clerk in favor of such teacher 47 for the last month's salary of such term unless he shall have filed with said clerk such term report." This should be strictly adhered to. See also section 9788. "Where a teacher in a school district failed to make out and file with the clerk of the school district the monthly report required by the statute, the board of directors of the school district had no power to order the payment of such teacher's wages under the statute, and he could not lawfully recover judgment against the school district on account of a claim which the statute prohibited it from paying." 24 A. 214. Notice also the following from 30 A. 113: "A teacher does not forfeit any right under his contract, or under the law, by failing to make monthly reports when, by action of the directors, the school has been closed and there is, therefore, nothing to report." The term report blank calls for individual pupils reports. A school board lays its members personally responsible if it pays the teacher the last month's salary before this term report is made according to the prescribed blank. SEC. 9802. Attendance at teachers' institutes. It shall be the duty of each and every teacher, as soon as teachers' institutes may be established in the county by law, to become members thereof, and as far as possible, to attend all regular meetings of the same. (R. S. 1889, 8027.) SEC. 9803. County commissioner eligibility time of election and term of office. There is hereby created the office of county commissioner of public schools, the incumbent of which office shall be at least twenty-one years of age, a resident of the county when elected for at least one year prior to such election, and shall hold a first-grade county certificate, normal or state certificate, entitling him to teach in the public schools of such county. There shall be one county school commissioner for each county in the state, who shall be elected by the qualified voters of the counties, at the annual district school meetings held in said county on the first Tues- day in April, 1891, and every two years thereafter. And in school districts composed of parts of districts lying in two or more counties, the qualified voters residing in any fractional part of such district, having no school-house located in the county where such fractional part of such district is situated, may after the transaction of the busi- ness of the annual school meeting, retire to some convenient place selected by the county commissioner in the school district lying with- in the county of which they are residents, and shall organize their meeting and cast their vote for county commissioner of public schools, as is provided for annual school meetings, in section 9750 of this chap- ter, and the officers elected at such meeting shall perform the same duties as similar officers at the annual school meeting provided for in said section: Provided, that in cities, town and village districts the voters in the county other than where the school house is situated may organize at the same time as the meeting is organized at the school-house for the purpose of voting for school commissioner, and no other. All returns of elections held under this section shall be made to the clerk of the county court of each county, whose duty it 48 shall be to cast up said returns, and give to the person having the greater number of votes, a certificate of election, for which he shall receive fifty cents, to be paid by the party receiving the certificate, and the county clerk shall certify said election to the state superin- tendent. Contested elections under this section to be decided by the county court. S'aid commissioner of public schools shall hold his office for two years, and until his successor is elected and qualified; and all vacancies caused by death, resignation, refusal to serve, or removal from the county, shall be filled by the governor, by appoint- ment, for the unexpired term; the county commissioner shall turn over all books, papers, certificates, stub-books and records in his pos- session to his successor. (R. S. 1889, 8028, amended, Laws 1895, p. 262, amended.) One must, when elected, have a teacher's certificate in order to qualify him to hold the office of county commissioner. 129 Mo.' 431. The qualifications of county commisioner as set forth in this section are: (1) he "shall be at least twenty-one years of age;" (2) a resident of the county when elected for at least one year prior to such election; (3) shall hold a first-grade county certif- icate, normal or State certificate entitling him to teach in the schools of such county. SEC. 9804. Id. Determining election of commissioner. The vote for county commissioner shall be cast up and the result an- nounced to the meeting and entered upon the record of the proceed- ings. A certificate containing the names of the persons voted for, and the number of votes cast for each, shall be delivered by the district clerk within five days thereafter to the county clerk, the said certif- icate to be signed by the chairman and secretary of the meeting; and the county clerk shall, within ten days after the annual school meet- ing, cast up the same and issue a commission, attested by the seal of his court, to the person receiving the highest number of votes at such election. And such commission, while in force, shall entitle said commissioner to all the rights and privileges accruing to any teacher of the county by virtue of his holding a certificate granted by said commissioner in accordance with section 9805. (R. S. 1889, 8029.) 129 Mo. 431. At the close of the ballot for county commissioner the secretary of the meeting should cast up the vote and enter same upon the record of the proceedings and the chairman should announce the result to the meeting. Within five days after the meet- ing, the district clerk must deliver to the county clerk a certificate containing the names of the persons voted for and the number of votes cast for each. This certif- icate must be signed by the chairman and secretary of the meeting, and may be in the following form: We, , chairman, and , secretary, of the annual school meeting held in district No. , township , range , county of , on the day of April, 19, hereby certify that at said meeting received votes for the office of county school commissioner; received votes for the office of County School Commis- sioner. In testimony whereof we have hereunto set our hands this day of April, 19. Secretary. Chairman. 49 The law requires the county clerk to issue a commission, attested by the seal of his court, to the person receiving the highest number of votes. The county clerk may lawfully count all votes received up to the date of issuing the commission. The commission, while in force, has the effect of a regularly issued first-grade county certificate. The commission spoken of in this section is issued by the county clerk, 129 Mo. 438. SEC. 9805. Examination of teachers. It shall be the duty of said commissioner to examine all persons presenting themselves for that purpose, and if found qualified, to grant them certificates as teachers of public schools within said county. All persons making application for such certificate shall pay before such examination, to the county commissioner, the sum of one dollar and fifty cents. The commissioner must be satisfied that the applicant presenting himself is qualified as prescribed in section 9798. The certificate thus granted, to be of force only in the county for which it was granted, shall not be issued for a period less than twelve months nor longer than two years, to be graduated by the character of the examination the appli- cant sustains, and may be revoked for incompetency, cruelty, im- morality, drunkenness or neglect of duty, when satisfactory proof thereof is furnished the commissioner all charges to be preferred in writing and signed by the party or parties filing the accusation. A record of all certificates granted and revoked shall be kept by the commissioner said record exhibiting the number granted, the date, grade and length of time for which each certificate was given, and the name, age, sex and nativity of the person receiving the same. (R. S. 1889, 8030.) A school district cannot enjoin teacher, when. 50 A. 65. The directors have no power to discharge teacher for cruel treatment. 7S Mo. 226. SEC. 9806. Examination for certificates. If any county commissioner of public schools shall give or grant to any person a certificate to teach in any of the public schools of this state, without first having examined such person as to his or her qualifications in the branches required by law to be taught in the public schools of this state, he shall, on conviction, be adjudged guilty of a misde- meanor, and punished by a fine of not less than twenty-five nor more than one hundred dollars: Provided, the commissioner may renew a certificate of the same grade, having once examined and granted the applicant a certificate, but the grades upon such renewed certificate shall be identically the same as those upon former certificate and shall not be raised except by examination. (R. S. 1889, 8031.) SEC. 9807. Two grades of certificates, to contain what. There shall be two grades of certificates issued by the county school commissioner, to be known as "first grade certificate," and "second grade certificate." The second grade certificate shall contain all the, S-4 50 branches enumerated in section 9798, and shall be authority to teach in the county for a period of one year if not sooner revoked, and the first grade certificate shall contain in addition to the branches enu- merated for a second grade certificate, etymology, algebra, zoology, rhetoric, botany, geometry, physics and literature, and shall be au- thority to teach in the county for a period of two years unless sooner revoked. In each and every branch enumerated in the certificate for which application is made, the applicant shall maintain a grade of six- ty per cent, on the questions submitted, and the average grade upon each certificate granted shall be at least eighty. All examinations must be conducted in writing, and the papers submitted to the commission- er by the applicant shall be kept on file in the office of the county com- misioner, and shall be open to inspection by any school board that may desire to examine them. (R. S. 1889, 8032.) SEC. 9808. Report to be made. It shall be the duty of said commissioner, under the direction of the state superintendent, to con- dense and return to the office of state superintendent of public schools, on or before the 31st day of August in each year, the education statis- tics of the county, as reported by the various officers therein required to report to him, see that the directors and other school officers are supplied with the law and the necessary blanks for making the vari- ous reports required, and perform such other duties as may be re- quired by the slate superintendent. (R. S. 1889, 8033.) SEC. 9809. Compensation for office duties. He shall re- ceive for services specified under this chapter, as follows: For making the reports required under this chapter, and perfecting the record of his office, in counties of less than ten thousand inhabitants, the sum of twenty dollars; of ten thousand and less than fifteen thousand, the sum of thirty dollars; of fifteen thousand and less than twenty thou- sand, the sum of thirty-five dollars; of twenty thousand and upward, the sum of forty dollars to be paid by the county court upon presen- tation of the notice of the state superintendent acknowledging the receipt of the report. (R. S. 1889, 8034.) SEC. 9810. County supervision, how adopted. Whenever the inhabitants of any county in this state may desire to establish county school supervision in and for said county, and elect a county school superintendent therefor, the same may be accomplished in the following manner : Upon the reception of a petition setting forth said facts and signed by one hundred resident freeholders, the county court shall order an election held therefor at the next annual school meet- ing, thirty days' notice to be given of said election, by publication in at least two county papers, if there be that number published in said county, within the county; and the vote therefor shall be by ballot; 51 those voting therefor shall have written or printed on their ballots "For supervision," and those voting against shall have written or printed on their ballots "Against supervision" and should a majority of the votes cast upon said proposition be for supervision, the county clerk shall declare by publication the adoption of county supervision in and for said county. The vote shall be cast up at the annual meet- ing, forwarded to the county clerk, and by him counted and an- nounced in the same manner as the vote for county school commis- sioner; all elections held for county superintendent shall be governed by the law controlling the election and qualification of the county commissioner, and all vacancies shall be for like cause and filled in like manner; should county supervision be adopted at the annual meet- ing near the middle of the term of the county commissioner, the com- missioner then in office shall comply with the requirements of the next section, and serve as county superintendent for the ensuing year and until his successor is elected and qualified. (B. S. 1889, 8035.) SEC. 9811. Oath, bond and office of the superintendent. Before entering upon the duties of his office, the county superintend- ent shall take and subscribe an oath to faithfully and impartially dis- charge the duties of his office under law; he shall give a penal bond in the sum of double the amount of his salary, conditioned upon the faithful performance of his official duties and the proper application and care of all moneys, books, records, papers, furniture or other prop- erty in his possession or under his control, said bond to be indorsed by two or more sureties, w r ho are resident freeholders and absolutely solvent, and accepted by the county court, or the county clerk in vaca- tion; said bond shall be made payable to the county court, and upon its forfeiture the said court shall institute suit on such bond, and place any amount recovered on same, less the cost of recovery, to the credit of the permanent county school fund of said county. He shall keep his office at the county seat, and for this purpose the county court shall supply him with a suitable room, properly furnished, wherein all records, books, papers, furniture and other property there- to belonging shall be securely kept, and at the expiration of his term of office he shall turn the same over to his successor in good condi- tion; and said court shall supply the superintendent with all neces- sary record books, stationery and postage stamps for conducting the business of his office properly, and shall allow all necessary printing of notices and circulars of information, the same to be paid for by warrant upon the county treasurer. (R. S. 1889, 8036.) SEC. 9812. Official duties of county superintendent. The county superintendent shall have general supervision ovet all the schools of his county, except in cities having more than one thousand 52 children of school age by the last enumeration of school children pre- ceding his election and organized as a city school district, and shall perform, all the duties now required by the county commissioner and receive like compensation therefor; he shall visit each school district in his county as often as practicable; he shall examine the classifica- tion of the pupils, the methods of instruction, the manner of discipline, the order maintained, the results secured, and make such suggestions to the teachers in private as he may deem advisable; he shall in- spect the ventilation, note the condition of the building, furniture, apparatus, grounds and appurtenances thereto belonging, and report the same to the board in writing, with such suggestions as he may consider necessary to the health, comfort and progress of the pupils; he shall examine the teachers' register and the district records to see if they are kept according to law, and recommend such changes or improvements as he may think proper; he shall instruct the dis- trict clerks, when necessary, how to make their reports, and see that all warrants have been duly issued "by order of the board," either for services actually rendered or for material actually furnished; he shall organize a county teachers' institute in his county and require the teachers to attend, unless excused for satisfactory reasons, he shall hold public meetings in each municipal township in the county an- nually for the purpose of discussing educational questions, interpret- ing the school law, counseling with teachers and school officers, and endeavor to elevate and advance the cause of education among the people; he shall formulate a course of study and a plan for grading the schools of his county, and forward a copy thereof to each district clerk and to each teacher employed in the county, and require the same to be followed as nearly as practicable; he shall hold one public examination each month at the county seat, notice thereof to be given by publication, and the instructions of the state superintendent shall be his guide in the examination, grading and licensing of teachers; he shall examine the records of the county, so far as relates to school funds and school moneys, see that the law is strictly observed, and shall be present at the August term of the county court to give such information as may be of importance to said court in the transactions of matters pertaining to the school interests of the county; and the instructions of the state superintendent shall be his guide in the in- terpretation and execution of the law. (R. S. 1889, 8037.) SEC. 9813. Compensation of the county superintendent. The county superintendent shall be allowed an annual salary, to be paid out of the county treasury, as follows: In all counties wherein the number of children of school age is less than two thousand, he shall receive two hundred dollars; where the number is two thousand. 53 and less than three thousand, he shall receive three hundred dollars; where the number is three thousand and less than four thousand, he shall receive four hundred dollars; where the number is four thousand and less than five thousand, he shall receive five hundred dollars; where the number is five thousand and less than six thousand, he shall receive six hundred dollars; where the number is six thousand and less than seven thousand, he shall receive seven hundred dollars; where the number is seven thousand and less than eight thousand, he shall receive eight hundred dollars; where the number is eight thousand and less than nine thousand, he shall receive nine hundred dollars; and in all counties wherein the number is nine thousand or more, he shall receive one thousand dollars. The salary of each county superin- tendent under this section shall be determined by the state superin- tendent from the last enumeration on file in his office at the time of the election of said county superintendent; and the state superintendent shall transmit a certified copy of said enu- meration and salary of said county superintendent to the county clerk of the county adopting county supervision; but in ascer- taining the salary of said county superintendent, the state superin- tendent shall deduct from the total enumeration for any and each county the enumeration of any and all city school districts whose enumeration exceeds one thousand children of school age. At each regular term of the county court, said court shall order a warrant drawn in favor of the county superintendent for one-fourth of his annual salary under this section, if satisfied he has faithfully per- formed the duties of his office, and the same shall be paid by the county treasurer out of the county treasury. (R. S. 1889, 8038.) SEC. 9814. Duties of state board of education. The supervision of instruction in the public schools shall be vested in a "board of education," whose powers and duties shall be prescribed by law. The superintendent of public schools shall be president of the board; the governor, secretary of state and attorney-general shall be ex officio members, and, with the superintendent, compose said board of education. It shall be the duty of the state board of education to take the general supervision over the entire educational interests of the state; to direct the investment of all moneys received by the state to be applied to the capital of any fund for educational purposes; to see that all funds are applied to such branch of the educational in- terest of the state as by grant, gift, devise or law they were originally intended. (R. S. 1889, 8039.) SEC. 9815. Duty of board in relation to swamp lands. The state board of education is hereby required to ascertain from all the various counties in the state having swamp or other school lands 54 what disposition has been made of the same, and when in any case it shall be ascertained that the objects of the grant have been violated, the funds arising therefrom perverted, or the lands or moneys used for any purpose other than those named in the grant, and by the law intended, it shall be their duty to institute suits to recover the same in the name of the state in behalf of the public schools of the county in which such lands lie. (R. S. 1889, 8040.) SEC. 9816. Duty as to state school fund of counties. It shall also be the duty of the said board of education to ascertain from all the counties of the state what disposition has been made of the state school fund drawn by the counties from the state yearly, how much thereof has been transferred to the school townships; and when any such fund, or any part thereof, has been diverted from its lawful use, it shall be their duty, in like manner as in the last section provided, to institute suit for and collect the same and return it to its legitimate channel. (R. S. 1889, 8041.) SEC. 9817. Power to employ attorneys fees for services of same. The state board of education shall have power to employ a competent attorney in each congressional district to prosecute the suits mentioned in the preceding section, and who, for such services, shall be allowed the following per cent, as fees. For all claims prose- cuted to final judgment in favor of the state or county as plaintiff, on all sums under five hundred dollars, ten per cent.; between five hun- dred and one thousand dollars, seven per cent.; between one thousand and two thousand dollars, five per cent.; between two thousand and four thousand dollars, three per cent.; between four thousand and eight thousand dollars, two per cent.;^ and for all sums over eight thousand dollars, one per cent. such fees to be paid said attorney out of the sums collected; and where lands are recovered by suits instituted by such attorneys, they shall be allowed such sums for their services as may be deemed reasonable by the county court of the county in which the lands recovered are situated, to be paid out of the county treasury; but if said county court shall neglect or refuse to allow reasonable compensation for the services of said attorneys in prosecuting suits for the recovery of lands as above set forth, then such attorneys may bring suit in the circuit court of the proper county, against the county the court of which so refuses or neglects to allow compensation, and the amount thus recovered shall stand as a judgment against the county in which said lands are located upon which suit was brought. And it shall be the further duty of said attorneys to examine the records and papers relating to school lands and funds in the counties of the district for which they are appointed, and report the condition of the same to the stateHnmrd of education, and they shall receive, as compensation therefor, the suin of six dol- lars per day for the time actually employed in such examination, said amount to be audited by the state board of education, and paid out of any moneys in the state treasury not otherwise appropriated: Provided, that no more than five days shall be employed in such exam- ination in any one county, except upon an order of the state board of education. (E. S. 1889, 8042.) SEC. 9818. Board to make report of proceedings to gen- eral assembly. Said board of education shall report to each ses- sion of the legislature their proceedings under this chapter, stating therein what suits have been instituted, the amount of money col- lected, if any, and the land recovered, if any, naming the counties in which such suits were instituted and lands recovered, with such other information as may be deemed important. (R. S. 1889, 8043.) SEC. 9819. Public school fund from what sources de- rived, and how invested. There is hereby created a public school fund, the annual income of which shall be applied as hereinafter di- rected. The proceeds of all lands that have been or may be hereafter granted by the United States to this state, and not otherwise appro- priated by this state or United States; also, all moneys, stocks, bonds, lands or other property now belonging to any fund for the purposes of education, except wherein the vested rights of townships, counties, cities or towns would be infringed; also, the net proceeds of the state tobacco warehouse, and of all sales of lands and other property and effects that may accrue to the state by escheat, or for unclaimed divi- dends or distributive shares of the estate of deceased persons, or from fines, penalties or forfeitures; also any proceeds from the sales of public lands which may have been or hereafter may be paid over to this state, if congress will consent to such appropriation; also, all other grants, gifts or devises that have been or hereafter may be made to this state, and not otherwise appropriated by the terms of the grant, gift or devise; which shall be invested under the direction of the state board of education, either in bonds of the United States, bonds of the state of Missouri or state certificates of indebtedness, the income of which, together with not less than twenty-five per cent, of the state revenue, shall be applied annually to the support of the public schools provided for in this chapter, to be apportioned as here- inafter provided. (E. S. 1889, 8044.) SEC. 9820. Account kept by whom. The regular account of the public school fund shall be kept by the state auditor, who shall quarterly certify to the treasurer a copy of such accounts not before reported by him; and in all accounts kept he shall state the amount 56 of revenue belonging to that portion of the fund set apart for the university provided for in the constitution, separate and apart from that belonging to the public schools. (R. S. 1889, 8045.) SEC. 9821. Duties of state auditor. It shall be the duty of the state auditor, and he shall have power: First, to keep and state all accounts with the treasurer and all other persons in relation to the public school funds, and, upon order of the state board of education, to direct the collection of all moneys due on account thereof; second, to draw warrants on the treasurer for the payment of all moneys di- rected by law to be paid out of such public school fund, or the income thereof; third, to require all persons who shall have received any money belonging to said fund or income, and shall not have accounted therefor, to settle their accounts; fourth, to sue for and recover, by di- rection of the state board of education, all moneys due by any person on account of such fund or income; fifth, to require the treasurer, from time to time, to report to him such accounts, statements and informa- tion relating to the funds and property dedicated to the use of pub- lic schools as it may be in their power to report; sixth, to exhibit to the legislature, at each session thereof, a complete account and report of the state of the public school funds and property, and receipts and expenditures thereof. (R. S. 1889, 8046.) SEC. 9822. Investment of money belonging- to capital of fund. Whenever there shall be in the treasury or elsewhere, sub- ject to the order of the treasurer, any money belonging to the capital ct the public school funds, the state auditor shall make reports thereof to the state board of education, who shall direct the investment of the same in bonds of the United States, bonds of the state of Missouri, or state certificates of indebtedness. That portion of the income and revenue to be distributed for the support of the public schools shall be payable on the warrant of the auditor, in favor of the treasurers of the several counties, in each year, immediately after the apportion- ment of such moneys shall have been made and filed: Provided, that such portion of said income and revenue as falls to the share of the city of St. Louis shall be made payable to the secretary and treasurer of the school board of the city of St. Louis. (R. S. 1889, 8047.) SEC. 9823. Duties of state treasurer. It shall be the duty of the state treasurer: First, to receive and safely keep all bonds, stocks or money which shall, from time to time, be paid into the state treasury on account of the public school fund or the income thereof; second, to pay all warrants lawfully drawn by the auditor on such fund or income; third, to exhibit to the board of education, quarter- yearly, such account and reports as they may require, relating to the public school funds or lands and income thereof, and in the power of 57 the treasurer to exhibit; fourth, to exhibit to the legislature, at each regular session, exact accounts of all receipts and expenditures on account of the school fund or its income, and a report of all such in- formation as may be in his power relating to such funds or lands, (R. S. 1889, 8048.) SEC. 9824. County school funds. It is hereby made the duty of the several county courts of this state to diligently collect, preserve and securely invest, at the highest rate of interest that can be ob- tained, not exceeding eight nor less than five per cent, per annum, on unincumbered real estate security, worth at all times at least double the sum loaned, with personal security in addition thereto, the pro- ceeds of all moneys, stocks, bonds and other property belonging to the county school fund; also, the net proceeds from the sale of estrays; also, the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for -any breach of the penal or mili- tary laws of this state, and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and be securely invested and sacredly preserved in the several counties as a county public school fund, the income of which fund shall be col- lected annually, and faithfully appropriated for establishing and maintaining free public schools in the several counties of the state. (R. S. 1889, 8049, amended, Laws 1893, p. 250.) Failure of county court to take mortgage in fee on unincumbered real estate does not release surety on note. 15 Mo. 604; 103 Mo. 492. Powers of county court, sureties on school fund, bonds, etc., discussed. 103 Mo. 492. The judges of the county court will be held accountable for any diversion of the school funds. 110 Mo. 67. SEC. 9825. School fund not to be loaned to certain per- sons penalty. The county court shall not loan any money belong- ing to the school fund to any officer of the county or his deputy, nor shall such officer or his deputy be accepted as surety on the obligation given by the person borrowing. Any officer of the county who shall violate the provisions of this section by authorizing any such loan or drawing any warrant for moneys loaned in violation of this section shall be held responsible for the sum so loaned with interest thereon, to be recovered in the name of the county to the use of the district whose fund has been so used. (New section.) SEC. 9826. County court to have jurisdiction of county school fund. Whenever any county in this state may have, sepa- rate and apart from the township funds, any public school fund aris- ing from any source whatever, the same shall be under the jurisdiction of the county court of said county, who shall be governed in its care and investment by the same rules and regulations as govern its action 58 in the township funds the proceeds of said funds to be collected an- nually and distributed as provided in section 9840. (R. S. 1889, 8050.) SEC. 9827. Collection of fines and penalties and other school moneys. The county treasurer shall collect, or cause to be collected, all school moneys mentioned in section 9824, and all other moneys for school purposes in his county, and shall give the party paying duplicate receipts therefor, and said party shall file one of said receipts with the county clerk, who shall file the same and charge the same to the county treasurer; said clerk shall thereupon credit the bond and mortgage with the amount of said receipt, and when the amount of said receipts is in full of all interest and principal of said bond and mortgage, then the clerk shall satisfy said mortgage of record. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and punished by a fine not to exceed five hundred dollars. (R. 8. 1889-, 8051.) County clerk has no authority conferred upon him by law to collect money due upon bond given for loan of school moneys. 105 Mo. 182. SEC. 9828. Township school fund, from what source de- rived. The proceeds of the sixteenth section, or other lands selected in lieu thereof, the interest of such proceeds, the rents and profits of such lands, and all the public school moneys which shall be appor- tioned to any unorganized township, arising from dividends, proceeds and profits of the public school fund, shall constitute a township school fund. (R. 8. 1889, 8052.) In action by state to recover land, production of survey not necessary where an- swer sufficiently admits land claimed has been sufficiently designated. 19 Mo. 607. When state and inhabitants estopped from afterwards claiming land. 18 Mo. 313. Title of State of Missouri to sixteenth section granted by act of congress, March 6, 1820, for school purposes, is not impaired or destroyed by previous location of a New Madrid certificate upon these sections. 13 Mo. 139. SEC. 9829. Custodians of fund. The county courts, respec- tively, shall have the care and management of the school funds of the several townships within their respective jurisdictions, and shall cause accounts thereof to be stated and kept so as to exhibit the funds of each township separately, and the disposition thereof. (R. S. 1889, 8053.) County court in management of school fund is agent of state, and not county. 5. A. 13. Sale of land, mortgaged for school funds, loaned, made by sheriff, without proper order from county court, is a nullity. 53 Mo. 147. SEC. 9830. Transfer of funds when county lines are changed. Whenever, by the establishment of a new county or change of coupnty lines, any township shall fall within the jurisdiction of a different county, the court having charge of the public school fund of said township shall cause an account thereof to be started, and the funds, together with all mortgages, bonds and other securities belong- ing to the said fund, shall be transferred to the court of the county 50 thus acquiring jurisdiction over such township. The county courts, respectively, shall number the various congressional townships under their jurisdiction, and cause a record of the same to be kept, and for school purposes they shall be known and designated as "town- ship No. - ? of - county," and upon the transfer of townships to other counties, the numbers shall be amended to correspond to the change. (R. S. 1889, 8054.) SEC. 9831. How invested. Whenever there shall be in the county treasury any money belonging to the capital of the school fund of any township therein, the county court of such county shall loan the same for the highest interest that can be obtained, not exceed- ing ten nor less than six per cent, per annum, upon conditions and subject to the restrictions hereinafter set forth. (R. S. 1889, 8055.) A county court having loaned school funds has no right, upon application of the inhabitants of the township, to reduce the rate of interest. The county courts are trustees for these funds, and cannot dispose of principal or interest otherwise than the law prescribes. And if by order they reduce the rate of interest on the loan, they may be compelled by mandamus to collect the full amount originally contracted for. 15 Mo. 412; 103 Mo. 492. SEC. 9832. Security in cases'of loan. When any moneys be- longing to said funds shall be loaned by the county courts, they shall cause the same to be secured by a mortgage in fee on real estate, free from all liens and incumbrances, within the county, of the value of double the amount of the loan, with a bond and personal security in addition thereto; and no loan shall be made to any person other than an inhabitant of the same county, nor shall any person be accepted as security who is not at the time a resident householder therein, who does not own and is not assessed on property in an amount equal to that loaned, in addition to all the debts for which he is liable and property exempt from execution. In all cases of loan the bond shall be to the county for the use of the township to which the funds be- long, and shall specify the time when the principal is payable, rate of interest and the time when payable; that in default of payment of the interest, annually, or failure by principal in the bond to give additional security when thereto lawfully. required, both the principal and interest shall become due and payable forthwith, and that all interest not punctually paid shall bear interest at the same rate of interest as the principal. But before any loan shall be effected, the borrower shall file with the county court an abstract of title at the time he files his bond and mortgage to the real estate which is to be mortgaged. (R. S. 1889, 8056.) County court has power to release mortgage taken as security for school funds upon receiving in its place mortgage upon other lands. 69 Mo. 581; 74 Mo. 266; 103 Mo. 492; 108 Mo. 294. Mortgage given to county to secure loan of school money is not void because it is a school mortgage. This statute is directory. 74 Mo. 266. 60 SEC. 9933. Form of mortgage notice of sale fees, how paid. Every mortgage taken under the provisions of this chapter shall be in the ordinary form of a conveyance in fee, shall recite the bond, and shall contain a condition that if default shall be made in payment of principal or interest, or any part thereof, at the time when they shall severally become due and payable, according to the tenor and effect of the bond recited, the sheriff of the county may, upon giving twenty days' notice of the time and place of sale, by pub- lication in some newspaper published in the county, if there be one published, and if not, by at least six written or printed hand-bills, put up in different public places in the county, without suit on the mort- gage, proceed and sell the mortgaged premises, or any part thereof, to satisfy the principal and interest, and make an absolute convey- ance thereof, in fee, to the purchaser, which shall be as effectual to all intents and purposes as if such sale and conveyance were made by virtue of a judgment of a court of competent jurisdiction foreclosing the mqrtgage. In all cases of loan of school funds in the various counties, the expense of drawing and preparing securities therefor, and of acknowledging and recording mortgages, including the fees of all officers for the filing, certifying or recording such mortgages and other securities, shall be paid by the borrowers respectively. (R. S. 1889, 8057.) Sale under foreslosure of school fund mortgage held a sale for cash, as required by its terms. 131 Mo. 568; 115 Mo. 524. Where mortgage is taken for loan of school fund, statute must be in all respects complied with. 62 Mo. 491. SEC. 9834. Additional securities. The county court shall have power, from time to time, to require additional security to be given on said bond, when they, in their judgment, deem it necessary for the better preservation of the fund. If such additional security be not given within ten days after an order to that effect shall be made and served on the principal in the bond, and in all cases of de- fault in the payment of interest, the court shall proceed to enforce payment of both principal and interest by writ, or in a summary man- ner, as provided in this chapter. (E. S. 1889, 8058.) County court may require additional security. 103 Mo. 492. SEC. 9835. County court may make order of sale, when. Whenever the principal and interest, or any part thereof, secured by mortgage containing a power to sell, shall become due and payable, the county court may make an order to the sheriff, reciting the debt and interest to be received, and commanding him to levy the same with costs, upon the property conveyed by said mortgage, which shall be described as in the mortgage; and a copy of such order, duly cer- tified, being delivered to the sheriff, shall have the effect of a fieri Gl facia* on a judgment of foreclosure by the circuit court, and shall be proceeded with accordingly. (R. S. 1889, 8059.) Where order of county court, foreclosing mortgage given to county to secure school debt, did not truly recite debt so as to sufficiently identify mortgage, held that sale thereunder did not transfer title. 55 Mo. 472: 53 Mo. 147. Money expended by county court in suits to stay waste and protect security of school mortgages, held payable out of fund protected. 58 Mo. 276; 64 Mo. 179. Statute relating to securities does not apply to bonds given county for school money. 50 Mo. 225. When sale under this section will be set aside on account of conduct of sheriff and agent of county. 80 Mo. 424; 91 Mo. 585; 115 Mo. 524. SEC. 9836. Principal and interest of loan paid, when. When any portion of principal or interest, or both, may be collected, as provided in any of the foregoing sections, it shall be paid into the county treasury; and it shall be the duty of the treasurer to give the person making payment thereof duplicate receipts, specifying the sums paid and on what account. One of said receipts shall be given to the clerk of the county court, who shall file and preserve the same in his office, charge the treasurer with the amount, and credit the payment to the party on whose account it is made, on his bond and mortgage. (R. S. 1889, 8060.) Endorsement by county clerk of payments of interest upon bond given for loan of school moneys is competent evidence of such payments. 35 Mo. 395. County clerk has no authority to collect money due upon bond given for loan of school moneys, nor to enter satisfaction of mortgage. 105 Mo. 182. SEC. 9837. Authority to repossess property by purchase. Whenever any property heretofore or hereafter conveyed in trust or mortgaged to secure the payment of a loan of school funds, shall be ordered to be sold under the provisions of this chapter, or by virtue of any power in such conveyance in trust or mortgage contained, the county court having the care and management of the school fund or funds out of which such loan was made may, in its discretion, for the protection of the interest of the schools, become, through its agent thereto duly authorized, a bidder on behalf of its county, at the sale of such property as aforesaid, and may purchase, take, hold and manage for said county, to the use of the township out of the school fund of which such loan was made, or in its own name where such loan has been made out of the general school funds, the property it may acquire at such sale aforesaid. The county court of any county holding property acquired as aforesaid may appoint an agent to take charge of, rent out or lease or otherwise manage the same, under the direction of said court; but as soon as practicable, and in the judg- ment of said court advantageous to the school or schools interested therein, such property shall be resold in such manner and on such terms, at public or private sale, as said court may deem best for the interest of said school or schools; and the money realized on such sale, after the payment of the necessary expenses thereof, shall be- 62 come part of the school fund out of which the original loan was made. (R. S. 1889, 8061.) Sale of land under this section, how set aside. 91 Mo. 585. Recital in deed from county, that county had appointed commissioner to convey land, and that grantee therein had become the purchaser and paid price in full with interest, does not tend to show private sale. 101 Mo. 309. Where defendants allege that the county court had an agent present at the sale, who bid on the property, they will not be heard on appeal to deny the presence of such agent, because of the failure of the county court to appoint by entry of record. 91 Mo. 585. SEC. 9838. Loan of surplus district school money. - Whenever it shall be found that any school district has any surplus funds in the county treasury, the directors of such school district may make application, in writing, to- the county court, setting forth that school funds are accumulating beyond the wants or necessities of such district. Upon such application, it shall be the duty of the county court to cause such funds to be loaned for the use and benefit of such school district. (R. S. 1889, 8062.) SEC. 9839. How loaned. Such school funds shall be loaned at the same rate of interest and in the same manner as township school funds are loaned : Provided, that no school tax shall be levied in such district, other than for incidental and contingent expenses, during the time for which such surplus fund is sought to be loaned; and provided further, that a free public school shall be maintained in such school district for at least six months in each year. (R. S. 1889, 8063.) The sureties on the general bond of a county treasurer are not liable for his failure to account for, and pay over to his successor in office, county and township school funds. For the special duties imposed upon him by the school law he is an- swerable on a separate bond. 55 Mo. 80. A treasurer of a school township is liable on his official bond for school funds deposited in bank, and lost through the failure and insolvency of the bank, although he was not guilty of any want of care or prudence in failing to ascertain its financial condition. 67 Mo. 395. Where the county treasurer re- ceives a check from the State Treasurer in payment of the apportionment of the amount due the county from the public school moneys, and fails to use diligence in collecting the check, the loss, if any occur thereby, falls on the county treasurer. 67 Mo. 139; 56 Mo. 65. An action on the bond of a defaulting county treasurer to recover school moneys is properly brought by the county in the name of the State to the use of the county. The statute does not require it to be brought to the use of the county clerk. 68 Mo. 454. SEC. 9840. Apportionment of public school fund basis and time of. The state superintendent of public schools shall, an- nually, in the month of July, apportion the public school fund applied for the benefit of the public schools among the different counties, upon the enumeration and returns made to his office, and shall certify the amount so apportioned to the state auditor, also to the county clerk of each county, stating from what source Hie same is derived, which said sum the several county treasurers shall retain in their respective county treasuries from the state fund; and the county clerks shall, an- G3 nually, during the month of August, according to the enumeration and returns in their offices, proceed to apportion the school funds for their respective counties; and no district, city or town, which shall have failed to make and return such enumeration shall be entitled to re- ceive am- portion of the public school funds; and in making such dis- tribution, each county clerk shall apportion all moneys collected on the tax duplicate of any district for the use of schools to such district, all moneys received from the state treasurer, and all moneys on ac- count of interest of the funds accruing from the sale of section six- teen, or other lands in lieu thereof, to the district schools in the congressional townships and parts of congressional townships to which siuch land belonged, and all other moneys for the use of schools in the county, and not otherwise appropriated by law, to the proper district; and he shall, immediately after making such apportionment, enter the same in a book to be kept for that purpose, and shall furnish the district clerks, and those of cities or villages, as the case may be, each with a copy of said apportionment, and order the county treas- urer to place such amount to the credit of the district, city or town entitled to receive the same: Provided, further, that no district, city or town that shall have failed to afford the children thereof the privileges of a free school for at least six months during the year ending the 30th day of June previous to said distribution, provided a tax of forty cents on the one hundred dollars assessed valuation, together with the public funds, will maintain the same, shall be entitled to any por- tion of the public school fund for that year. (R. S. 1889, 8064.) Apportionment of public school funds. See 90 Mo. 395; 64 Mo.' 26. SEC. 9841. Superintendent may correct error in appor- tionment distribution of funds. The state superintendent of public schools is hereby authorized to correct any error made in the apportionment of the public school funds among the various coun- ties of this state out of the public school fund of a subsequent year, and the amount set apart to any county for the purpose of correcting an error shall be by him certified to the state auditor and to the county clerk, and the state auditor shall draw a warrant on the state treasurer for the amount so certified in favor of the treasurer of said county, and the county clerk shall apportion said funds to the various districts in said county as the funds of the year in which said error occurred, and the county treasurer may pay outstanding warrants for teachers' wages issued during the school year in which said error occurred, not to exceed the correction made: Provided, that the state superintendent of public school shall not correct any errors made prior to the appor- tionment of the public school funds in July, 1890. (Laws 1891, p. 203.) 64 SEC. 9842. Apportionment of county school money. The county court of each county shall, at its August term in every year, apportion the county public school moneys among the several districts in the county, according to the enumeration of the pupils resident therein. (R. S. 1889, 8065.) SEC. 9843. Distribution of funds when township lies in two counties. Whenever any congressional township shall lie in two or more counties, the township school fund of such township shall be divided among the aforesaid counties in proportion to the amount of territory in the fractional township included in each county, as follows: The county cpurt of the county in which section sixteen is located shall, upon a requisition of the county clerk of any county containing a fractional part of such township, issue an order trans- ferring the amount due such county under this section into the care, keeping and custody of the count} 7 court thereof; and said fund shall be loaned, and the income derived therefrom shall be apportioned annually to such fractional township as though it were an entire township; and the township funds of all entire townships and all fractional townships included within the limits of any county in this state shall be handled and controlled by the proper officers of such county, as set forth in this chapter. The provisions of this section shall not apply to any congressional township intersected by the Mis- souri river. (R. S. 1889, 8066.) SEC. 9844. Duties of county clerk assessment of esti- mates. On receipt of the estimates of the various districts, the county clerk shall proceed to assess the amount so returned on all taxable property, real and personal, in said district, as shown by the last an- nual assessment for state and county purposes, including all state- ments of merchants in each district of the amount of goods, wares and merchandise owned by them and taxable for state and county pur- poses: Provided,, that the levy thus extended shall not exceed in any one year as follows: For building purposes, one per centum in dis- tricts formed of cities, towns and villages, and not more than sixty- five cents on the one hundred dollars in other districts; for school pur- poses, one per centum in districts formed of cities, towns and villages, and not more than sixty-five cents on the one hundred dollars in other districts; for sinking fund, forty cents on the one hundred dollars valu- ation, and a sufficient amount to pay interest on bonded indebtedness; all of which shall be extended by the county clerk upon the general tax-books of the county for said year in separate columns arranged for that purpose; and the county clerk shall list the names of all persons owning any personal property who do not reside in any school district, Co and the value thereof; also list all lands and town lots in any territory not organized into a school district, and shall levy a tax of forty cents on the one hundred dollars valuation on all such taxable prop- erty, said taxes to be collected as other taxes and distributed as pro- vided in section 9840; and it shall be the duty of the county assessor in listing property to take the number of the school district in which said tax-payer resides at the time of taking his list, to be by him marked on said list and also on the personal assessment book, in col- umns provided for that purpose. (R. S. 1880, 8067, amended.) County clerk has no authority to assess property for school or other taxes. 34 A. 337. Nor to extend upon tax-books without order of county court, when. 135 Mo. 618. County courts have no power to alter the assessment of taxes to build school- houses merely on the alleged ground that the schoql-house was unnecessary; the de- cision of that question is left to the local directors, and that tribunal has no control over the county clerk in respect to the assessment and extension of school taxes. 52 Mo. 218; 67 Mo. 706. A school estimate stating rate of levy but omitting amounts of the several funds is not illegal on that account. 126 Mo. 472. The court will not compel a county clerk by mandamus to extend school taxes on property not lawfully subject thereto. 120 Mo. 67. SEC. 9845. Compensation of the county clerk for labor on tax-book. The county clerk shall receive as full compensation therefor ten cents for every hundred figures in school tax column on general tax-book; to be paid by the county treasurer, upon warrant issued by the county court. (R. g. 1889, 8068, amended.) SEC. 9846. Report of county clerk to state superintend- ent. The clerk of each and every county court shall, on or before the thirty-first day of July, annually, make out and transmit to the state superintendent of public schools, at Jefferson City, an abstract of all the returns of school districts, cities or towns in his county made to him according to the form that may be prescribed by the state super- intendent; also the amount of income of the school funds of said county, and amount realized from taxes collected therein. (R. S. 1889, 8069.) The State Superintendent is required to apportion the State school moneys in July, therefore, the enumeration should be forwarded not later than July 15th. SEC. 9847. Collector's receipts and compensation. It shall be the duty of the county clerk to take a receipt from the county collector for the school taxes by him placed on the general tax-books; and the collector shall proceed to collect the same, in like manner as the state and county taxes are or may be collected, and he shall re- ceive, as full compensation for his services, on the amount collected and paid over by him the same per cent, as is allowed by law to collect- ors for collecting other taxes; and he shall pay over monthly, to the county treasurer, all such taxes collected and take his receipt therefor. (R. S. 1889, 8070, amended, Laws 1895, p. 261 ? amended.) 66 SEC. 9848. Collections of delinquent taxes. The collector shall at the same time of returning the land delinquent list for state and county taxes, return therewith all land school taxes herein pro- vided for, which shall remain unpaid, and when so returned the same shall be a lien on such real estate, and be collected in the same manner that other delinquent taxes on land are collected; and when so col- lected shall be paid over to the county treasurer as other school taxes. (B. S. 1889, 8071, amended.) SEC. 9849. Treasurers and their duties. The county treas- urer in each county shall be the treasurer of all moneys for school pur- poses belonging to the different districts, until paid out on warrants duly issued by order of the. board as authorized by this chapter, ex- cept in counties having adopted the township organization law, in which counties the township trustee shall be the treasurer of all school moneys belonging to the township, and be subject to corresponding duties as the county treasurer; and said treasurers shall pay all orders heretofore legally drawn on township clerks, and not paid by such township clerks, out of the proper funds belonging to the various districts; and on his election, before entering upon the duties of his office, he shall give a separate bond, with sufficient security, in double the probable amount of school moneys that shall come into his hands, payable to the state of Missouri, to be approved by the county court, conditioned for the faithful disbursement, according to law, of all such moneys as shall from time to time come into his hands; and on the forfeiture of such bond, it shall be the duty of the county clerk to collect the same for the use of the schools in the various districts. If such county clerk shall neglect or refuse to prosecute, then any freeholder may cause prosecution to be instituted. It shall be the duty of the county court in no case to permit the county treasurer to have in his possession, at any one time, an amount of school moneys over one-half the amount of the security available in the bond; and the county treasurer shall be allowed such compensation for his ser- vices as the county court may deem advisable, not to exceed one-half of one per cent, of all school moneys disbursed by him, and to be paid out of the county treasury. (R. S. 1889, 8072.) County treasurer's bond as custodian of school moneys. 72 Mo. 496, 387; 7 A. 339. SEC. 9850. Settlement of treasurers. The county or town- ship treasurer shall, annually, between the first and fifteenth of July, settle with the county clerk, and account to him for all school moneys or funds received, from whom and on what account, and the amount paid out for school purposes to the various districts of the county. The county clerk shall examine the vouchers for such payment, and, if satisfied with the correctness thereof, shall certify the same, which 67 certificate shall be prima facie a discharge of such liability of the treasurer for the funds expressed in the vouchers; and at the expira- tion of his term of service, said treasurer shall deliver over to his suc- cessor in office all books and papers, with all moneys or other property in his hands, and also all orders he may have redeemed since his last annual settlement with the county clerk, and take the recipt of his successor therefor, which he shall deposit with the county clerk within ten days thereafter. (R, S. 1889, 8073.) SEC. 9851. Penalty for failure to make settlement. In case the county or township treasurer shall fail to make such annual settlement with the county clerk, within the time prescribed in the pre- ceding section, he shall, in addition to the sums remaining unaccount- ed for, be liable to pay a fine of five hundred dollars, to be recovered in a civil action, in the name of the state of Missouri, and when col- lected to be applied to the use of public schools in such county; and it is hereby made the duty of the county clerk to proceed forthwith, in case of such failure, by suit against such treasurer before any proper tribunal to recover the penalty aforesaid ; but when it appears on trial, to the satisfaction of said court, that said treasurer was prevented from making such settlement within the time by sickness or unavoid- able absence from home, it shall be the duty of the court to discharge such treasurer on his paying the costs. (R. S. 1889, 8074.) SEC. 9852. Title of property. The title of all school-house sites and other school property shall be vested in the board of di- rectors, for the use of the district in which the same may be located; and all property leased or rented for school purposes shall be wholly under the control of the school board during such time; but no board shall lease or rent any building for school purposes while the district school-house is unoccupied, and no school-house or school site shall be abandoned or sold until another site and house are provided for such school district. (R. S. 1889, 8075.) SEC. 9853. Blanks for reports. The blanks for the reports required to be made by the various school officers under the provisions of this chapter shall be printed under the direction of the commis- sioners of public printing, in the form prescribed by the state superin- tendent of public schools, to be paid for in like manner and upon the same terms as other public printing. (R. S. 1889, 8076.) SEC. 9854. State superintendent election and term of office. There shall be elected by the qualified voters of this state, at the next general election for state and county officers, and every four years thereafter, a state superintendent of public schools, who shall enter upon the discharge of his duties on the second Monday 68 of January next following his election, and hold his office for the term of four years and until his successor is elected and qualified. The election of said superintendent and the returns thereof shall be the same in all respects as provided for the election of other state officers; and in case of vacancy occurring in said office, by death, resignation or otherwise, the governor shall fill the same by appoint- ment, who shall hold his office until the next general election. (R. S. 1889, 8077.) SEC. 9855. Bond and qualification. Before entering upon the discharge of his official duties, the said superintendent shall give bond in the penal sum of ten thousand dollars to the state of Missouri with two or more sureties, to the acceptance of the secretary of state, conditioned that he will truly account for and apply all moneys or other property which may come into his hands, in his official capacity, for the use and benefit of public schools, and that he will faithfully perform the duties enjoined upon him by law; and he shall take and subscribe the oath or affirmation required by the con- stitution of the state, and diligently and faithfully discharge the duties of his office as prescribed by law; which bond, with certificate indorsed thereon, shall be filed with the secretary of state. (B. S. 1889, 8078.) SEC. 9856. Powers and duties. He shall reside, and the books and papers of his department shall be kept, at the seat of government, where a suitable office shall be provided by the state, at which he shall give his attendance when not absent on public busi- ness. He shall exercise such supervision over the educational funds of the state as may be necessary to secure their safety and correct ap- plication and distribution according to law. He shall also have power to require of county clerks or treasurers, boards of education or other school officers, recorders and treasurers of cities, towns and villages, copies of all records by them required to be made, and all such other information in relation to the funds and condition of schools and the management thereof, as may be deemed important; and he shall cause as many copies of the law relating to schools, with instructions for carrying into execution of such laws, to be printed in a separate volume and distributed to each county in the state for the use of school officers therein, and all the blanks that may be necessary for the supply of all officers provided for by this chapter, as often as any change in said laws may be made of sufficient importance in the opin- ion of the superintendent to require republication and distribution thereof, and all moneys necessarily expended in performance of the Duties required in this section shall be allowed by the auditor and paid 69 out of the state treasury. He shall also have author^ _o examine teachers and grant certificates of qualifications 1o M who pass a satisfactory examination, but the applicant shall ^ /e charged any fee for such examination or certificate, nor shall the state superin- tendent receive any fee or compensation therefor; and any person holding such certificate from him shall be permitted to teach without further examination from other authorized examiners. Said certif- icate may be revoked by the state superintendent for incompetency, cruelty, immorality, drunkenness or neglect of duty. (R. S. 1889, 8079.) SEC. 9857. Shall employ chief clerk salary. The state superintendent shall be entitled to employ a chief clerk, who shall sustain the same relations to the state superintendent as are sustained by the chief clerks of other state officers. The chief clerk shall perform such clerical and other work as may be directed by the state superin- tendent, and shall hold his office at the pleasure of the state superin- tendent, and shall receive a salary of fifteen hundred dollars per an- num. (R. S. 1889, 8080.) SEC. 9858. Annual report of superintendent. It shall be the duty of said superintendent of public schools to make an annual report on or before the first Wednesday in January in each and every year, to the general assembly when that body shall be in session any such year, and when not in session any one year, then the report shall be made to the governor, who shall cause the same to be published, and shall also communicate a copy thereof to the next general assem- bly. The state superintendent in the annual report of his labors and observations shall present a statement of the condition and amount of all funds and property appropriated to purposes of education; a statement of the number of public schools in the state, the number of pupils attending such schools, their sex, and the branches taught; a statement of the number of teachers employed, their sex, the aver- age amount of wages paid to such teachers, the number of teachers' institutes formed and the condition of the same, the number of teach- ers engaged in teaching within the state w 7 ho have been trained for not less than six months in either of the state normal schools; a statement of the estimates and accounts of the expenditures of public school funds of every description; a statement of plans for the management and improvement of public schools, and such other information rela- tive to the educational interests of the state as he may deem impor- tant; but no such report shall exceed two hundred pages of printed matter of ordinary book form. He shall spend annually at least five days in each congressional district of the state, conferring with the 70 board of education and other school officers, counseling teachers, visiting schools, delivering lectures, and, in short, do what may be in his power to elevate the standard of instruction in the public schools. All money reasonably expended by him in the execution of his duties, as prescribed by this section, shall upon due proof be al- lowed him by the auditor, and paid out of the state treasury: Provided, that no personal expenses be included in the above allow- ance; and provided further, that the amount to be drawn under the provisions of this section shall not exceed the sum of five hundred dollars for any one year. (R. S>. 1889, 8081, amended, Laws 1891, p. 208.) SEC. 9859. Restrictions and penalties. The state superin- tendent shall not act as agent for any author, publisher or book-seller, or manufacturer or vender of school furniture or apparatus, nor direc- ly or indirectly .receive any gift, emolument, reward, or promise of reward, for his influence in recommending or procuring the use of any text- book, school apparatus or furniture of any kind whatever, in any public school. Any superintendent ~who shall violate the provisions of this section shall be guilty of a felony, and shall, upon conviction thereof, be punished by imprisonment in the penitentiary for a period not less than two years; and the provisions of this section shall ap- ply to county commissioners. (R. S. 1889, 8082.) ARTICLE II. CITIES, TOWNS AND VILLAGE. SECTION 9860. Organization of city, town and vil- lage school districts corporate powers. To organize and elect six directors. Government of district tenure of directors vacancies, how filled. Election of directors. Officers of board and their duties. Graded and primary schools to be established, and sites located. Duties, restrictions and liability of the board. School term. Bond of treasurer. Liability of treasurer for sinking fund and interest compensation. District moneys to be paid to treas- urer. 9S61. 9863. 9864. 9865. 9S66. 9867. 9863. 9870. SECTION 9871. Settlement of treasurer. 9872. Duties of county clerk how paid. 9873. Duties of collectors. 9874. Regulations governing elections at annual meetings. 9875. Change of boundary lines. 9876. Annexation to school districts when corporate limits are ex- tended. 9877. Employment of members of school board, and publication of finan- cial report. 9878. Boards in certain cities to pur- chase site, etc., when. 9879. Board may accept gifts, etc., for libraries. SEC. 9860. Organization of city, town and village school districts corporate powers. Any city, town or village, the plat of which has has been previously filed in the recorder's office of the county in which the same is situated, may, together with the territory 71 which is or may be attached thereto, be organized into a single school district, and, when so organized, shall be a body corporate, and known as the school district of - , and in that name may sue and be sued, and possess the same corporate powers and be governed the same as other school districts, except as herein provided; and every extension that has heretofore been made or that hereafter may be made of the limits of any city, town or village that is now or may be hereafter organized under the laws of this state shall have the effect to extend the limits of such city, town or village school district to the same extent, and such extension of the limits of any city, town or village school district shall take effect on the first day of July next following the extension of the limits of such city, town or village; and every city, town and village which has heretofore organized under any law of this state as a board of education shall hereafter be known and styled the school district of such city, town or village, and by such name may sue and be sued, and shall succeed to all the property, rights and privileges of such board of education, and shall be liable to all its debts and liabilities; and, in addition to the powers hereinbe- fore given to school districts, shall have power, under and pursuant to existing laws, to issue renewal funding bonds for such district, to be exchanged for outstanding bonds issued by such board of educa- tion, or to be sold for the purpose of meeting and paying any matured or maturing bonded indebtedness of said board of education or school districts. (R. S. 1889, 8083, amended, Laws 1895, p. 259.) This section is constitutional. 45 Mo. 458. Unincorporated towns not legally organized as school district. Subsequent legislation will not affect acquired rights of parties under this law. 46 Mo. 376. The whole sub-district need not be included. 50 Mo. 268. Territory outside of corporate limits may be taken in and attached for school purposes. 53 Mo. 127; 60 Mo. 540; 64 Mo. 53; 65 Mo. 587; 93 Mo. at 655; 99 Mo. 332. School district has power to change and extend its limits, although town is not incorporated. 56 Mo. 231; 68 A. 397. Each organized school district is a body corporate and its terri- torial form can be changed only in manner pointed out by statute. 120 Mo. 67. Special school district, power to conderrm land for school-house site. 125 Mo. 439. Suit against school district, process on whom served. 42 A. 154. Only an authorized common school district, having a village therein, the plat of which has been filed, can be organized into a village school district. 75 A. at 327. SEC. 9861. To organize and elect six directors. When- ever .it may be desired to organize a common school district into a city, town or village school district, with special privileges granted under this article, the board of directors shall, upon the reception of a petition to that effect and signed by ten qualified voters who are resident tax-payers of the district, order an election held for that purpose, and shall give notice of such election by notices posted in five public places within the district for fifteen days prior to the day of such election said meeting to be held at 2 o'clock p. m., at the public school-house in said district, if there be one, but if there be 72 no public school-bouse, then at such place within the district as may be designated in the notices; and when said meeting is assembled, it shall elect a chairman and secretary, who shall keep a correct record of the proceedings of said meeting and turn the same over to the board, properly signed and attested by the chairman, and the board shall have a copy of the same entered upon the district records; said election may be held at an annual or at a special meeting, and the order of business under this section shall be as follows: First To organize as a city, town or village school district; those voting for the organization shall have written or printed on their ballots "For organization," and those voting against the organi- zation shall have written or printed on their ballots "Against organi- zation;" and each person desiring to vote shall advance to the front of the chairman and deposit his ballot in a box to be used for that purpose. When all present shall have voted the chairman shall ap- point two tellers, who shall call each ballot aloud, and the secretary shall keep a tally and report to the chairman, who shall announce the result; and if a majority of the votes cast are "for organization," the chairman shall call the next order of business. Second To elect six directors, as follows: two shall be elected for three years, two for two years and two for one year, and each director shall be elected separately, and the result announced in the manner prescribed for organization. If said election is held at a special meet- ing, from then until the next annual meeting shall be taken as one year, so far as relates to the terms of the directors elected. The di- rectors chosen must comply with the requirements of section 9864. (R. S. 1889, 8084.) It is self-evident that sections 9830 and 9861 must be construed together. Section 860 authorizes the organization of a city, town or village, the plat of which has been previously filed in the recorder's office of the county in which the same is situated, together with territory attached thereto, to organize into a single school district, possessing certain special powers; and section 9861 provides the manner of effecting such organization. By "territory attached thereto" is unquestionably meant such territory as may belong to the school district, lying outside of the corporate limits of the city or town. Under a prior statute, the supreme court held that in the formation of a district under this act, territory belonging to adjacent districts could be attached without the con- sent of such districts. The present statute does not admit of the dismemberment of districts in this manner. If it is considered desirable to include in the organization territory belonging to adjoining districts, the boundary lines must either be changed in the manner provided in section 9742 before organizing, or in the manner provided in section 9875 after completing the organization. The best way to secure good graded rural schools and high schools within reach of the homes of rural boys and girls is to organize a town or village district under this article and so extend its boundary lines as to include all districts and territory within five or six miles of the village. The dis- trict could maintain elementary schools sufficient to put every child under fourteen within two miles of a good elementary school and one school of higher grade for all older and more advanced within five miles. The little independent school district with 73 less than twenty, children is too expensive. Consolidate, harmonize, organize and econ- omize. The law furnishes the opportunity. Territory embraced in a school sub-district outside of and adjoining an incorpo- rated town may be organized at the same time with that part within the corporate limits. 64 Mo. 53; 60 Mo. 540; 65 Mo. f>87. A school district is a quasi corporation, and the powers of the corporators and directors are prescribed and limited by statute. 25 A. 85. The territorial form of a school district can be changed only in the manner pointed out by the statutes. 120 Mo. 67. SEC. 9862. Government of district tenure of directors vacancies, how filled. The government and control of such city, town or village district shall be vested in a board of six directors, who shall hold their office for three years and until tKeir successors are duly elected and qualified, and any vacancy occurring in said board shall be filled in the same manner and with like effect as vacancies occurring in boards of other school districts are required to be filled, and the person appointed shall hold office till the next annual meet- ing, when a director shall be elected for the unexpired term. (R. S. 1889, 8085.) SEC. 9863. Election of directors. The qualified voters of the district, shall, annually, on the first Tuesday of April, elect two direct- ors, who are citizens of the United States, resident tax-payers and qualified voters of the district, and who shall have paid a state and county tax within one year next preceding their election or appoint- ment, who shall hold their office for three years and until their suc- cessors are duly elected and qualified; and all vacancies in the board shall be filled for the unexpired term. (R. S. 1889, 8086.) A woman is not eligible as school director, under this section. 137 Mo. 628, 636. SEC. 9864. Officers of board and their duties. Within four days after the annual meeting the board shall meet, the newly elected members be qualified, and the board organized by the election of a president and vice-president, and the board shall, on or before the fifteenth day of July of each year, elect a secretary and a treasurer, who shall enter upon their respective duties on the fifteenth day of July; said secretary and treasurer may be or may not be members of the board. No compensation shall be granted to either the secretary or the treasurer until his report and settlement shall have been made and filed or published as the law directs. A majority of the board shall constitute a quorum for the transaction of business, but no contract shall be let, teacher employed, bill approved or warrant or- dered, unless a majority of the whole board shall vote therefor. The president and secretary, except as herein specified, shall perform the same duties and be subject to the same liabilities as the presidents and clerks of the school boards of other districts. (R. S. 1889, 8087.) Proceedings of board of school directors must be shown by their record. 48 A. 408; 54 A. 202. 74 SEC. 9865. Graded and primary schools to be'estab- lished and sites located. When the demands of the district re- quire more than one public school building therein, the board shall, as soon as sufficient funds have been provided therefor, establish an ade- quate number of primary or ward schools, corresponding in grade to those of other public school districts, and for this purpose the board shall divide the district into school wards, and fix the boundaries there- of, and 4he board shall select and procure a site in each newly formed ward, and erect a suitable school building thereon and furnish the same; and the board may also establish a school of a higher grade, in which studies not enumerated in section 9798 may be pursued; and whenever there is within the district any school property that is no longer required for the use of the district, the board is hereby author- ized to advertise, sell and convey the same, and the proceeds derived therefrom shall be placed to the credit of the building fund of such district. (K. S. 1889, 8088.) Directors have no power to change site of school-house or erect new school- house on new site without the sanction of the voters of the district. 25 A. 85. SEC. 9866. Duties, restrictions and liabilities of board. The board shall, except as herein provided, perform the same duties and be subject to the same restrictions and liabilities as the boards of other school districts acting under the general school laws of the state: Provided, however, that in cities as hereinafter specified, the board of education shall have power to establish and maintain a li- brary for the use of the public school district therein, and to appro- priate such sums as they may deem proper for the support thereof, not to exceed in any one year two thousand five hundred dollars for cities of twenty thousand and under one hundred thousand inhabit- ants, and not to exceed five hundred dollars for cities of five thousand and under twenty thousand inhabitants, and not to exceed two hun- dred and fifty dollars for cities of one thousand and under five thou- sand inhabitants the population to be determined by the last United States or municipal census. (R. S. 1889, 8089, amended, Laws 1893, p. 250.) SEC. 9867. School term. The board shall keep a common seal with which to attest its official acts. The board shall have power and they are required to continue the public schools in their respective dis- tricts for a period of not less than seven nor more than ten months, when the effect of such continuance will not increase the total esti- mate for school purposes to an amount exceeding forty cents on the hundred dollars assessed valuation of the taxable property of the dis- trict, unless duly ordered in compliance with the provisions of sec- 75 tion 9777, fifteen days' notice having been given that such increase would be voted upon. (R. S. 1889, 8090.) SEC. 9868. Bond of treasurer. The treasurer, before enter- ing upon the discharge of his duties as such, shall enter into a bond to the state of Missouri, with two or more sureties, to be approved by the board, conditioned that he will render a faithful and just ac- count of all money that may come into his hands as such treasurer, and otherwise perform the duties of his office according to law said bond to be filed with the secretary of the board; and thereafter said treasurer shall be the custodian of all school moneys derived from taxation for school purposes in said district until paid out on the order of the board, and on breach of the conditions of said bond, the secre- tary of such board, or any freeholder, may cause suit to be brought thereon, which suit shall be prosecuted in the name of the state of Missouri, at the relation and to the use of the proper school district. (R. S. 1889, 8091.) Sureties on treasurer's bond remain liable so long as he continues to hold the office, though that be beyond the period for which he is elected. 72 Mo. 648; 48 A. 408. SEC. 9869. Liability of treasurer for sinking fund and interest compensation. The treasurer of the board shall be the custodian of all moneys collected for liquidating any bonded in- debtedness and interest on the same, and shall be responsible on his official bond for the safe keeping and proper appliance of such sink- ing fund and interest as may be by him received, and also for any loss incurred or damage resulting from his failure to burn any and all redeemed bonds, as required in section 9756; he shall promptly pay the interest on bonds when due, and pay off, cancel and burn the bonds as rapidly as possible; and he shall receive as full compensa- tion for his services under this section, one-half of one per cent, on amount by him paid out in the redemption of bonds and payment of interest on same. (R. S. 1889, 8092.) SEC. 9870. District moneys to be paid to treasurer. That whenever any state or county school money apportioned to any school district formed of cities, towns or villages, or of such cities, towns and villages and adjacent territory, shall have been paid to any county or township treasurer, as now provided by law, the same shall, on the application of the treasurer of any said city, town or village district, be paid over to him by said county or township treasurer, and the receipt of any such school district treasurer for said money shall be a lawful voucher for the disposition of said money by said county or township treasurer, and be accepted as such by the county court or other body or person having authority by law to make settle- ments with said county or township treasurer. (Laws 1897, p. 233.) 76 SEC. 9871. Settlement of treasurer. The treasurer of the board of education of any city, town or village shall, annually, be- tween the first and fifteenth of July, settle with the said board of education, and account to said board for all school moneys or funds received, from whom and on what account, and the amount paid out for school purposes in such city, town or village, which settlement, if found correct by said board of education, shall be approved by said board; and when the said settlement is thus approved it is here- by made the duty of said treasurer to present his settlement to the clerk of the county court of said county, and the said clerk shall make a careful examination of the said settlement, and if found cor- rect, he shall certify the same, which certificate shall be prima facie a discharge of such liability of the treasurer for the funds expressed in the vouchers; and at the expiration of his term of office said treas- urer shall deliver over to his successor in office all books and papers, with all moneys or other property in his hands, and also all orders he may have redeemed since his last annual settlement with the board of education and with the county clerk, and take the duplicate receipts of his successor therefor, one of which he shall deposit with the secretary of said board of education, and the other with the clerk of said county court. (R. S, 1889, 8093.) SEC. 9872. Duties of county clerk how paid. The clerk of the county court of such county shall perform the same duties under this law, not herein specified, as he shall be required by law to perform in relation to the state and county taxes in said county, and shall receive like compensation therefor, the same to be paid by the county treasurer upon warrant issued by the county court. (R. S. 1889, 8094.) SEC. 9873. Duties of collectors. The county or township collector shall pay over to the treasurer of said board of education all moneys received and collected by him to which said board is entitled, at least once in every month; and upon such payment he shall take duplicate receipts from said treasurer, one of which he shall file with the secretary of said board of education, and the other shall be filed in his settlement with the county court. (R. S. 1889, 8095.) SEC. 9874. Regulations governing elections at annual meetings. The qualified voters of such city, town or village school district shall vote by ballot upon all questions provided by law for submission at the annual school meetings, and such election shall be held on the first Tuesday in April of each year, and at such convenient place within the district as the board may designate, beginning at 7 o'clock a. m. and closing at 6 o'clock p. m. of said day. The board 77 shall elect three judges of election, and said judges shall appoint two clerks; said judges and clerks shall be sworn and the election other- wise conducted in the same manner as the elections for state and county officers, and the result thereof certified by the judges and clerks to the secretary of the board of directors, who shall record the same, and by order of said board shall issue certificates of elec- tion to the persons entitled thereto; and the results of all other propo- sitions submitted must be reported to the secretary of the board, and by him duly entered upon the district records. All propositions sub- mitted at said annual meeting may be voted for upon one and the same ballot, and the necessary poll-books shall be made out and furnished by the secretary of the board: Provided, that in all cities and towns having a population exceeding two thousand and not exceeding one hundred thousand, said elections shall be held at the same time and places as the election for municipal officers, and the judges and clerks of such municipal election shall act as judges and clerks of said school election, but the ballots for said school election shall be upon sepa- rate pieces of paper and deposited in a separate ballot-box kept for that purpose, but no greater number of names for directors shall be upon any ballot than are to be voted for at such election. Should such school district embrace territory not included in the limits of such city or town, the qualified voters thereof may vote at such voting precinct as they would be attached to provided the ward lines thereof were extended and produced through such adjoining territory. (R. S. 1889, 8096.) SEC. 9875. Change of boundary lines. Whenever an en- tire school district or a part of a district adjoining any city, town or village school district, desires to be attached thereto for school pur- poses, upon the reception of a petition setting forth such fact and signed by ten qualified voters of such district, the board of directors thereof shall order a special meeting for said purpose, by posting notices in five public places within the district for fifteen days prior to the day of such meeting; said meeting shall be held at 2 o'clock p. m. on the day specified in the notices, and when assembled, the meet- ing shall be organized by the election of a chairman and a secretary, who shall keep a correct record of the transactions of said meeting, and should a majority of the votes cast favor such annexation, the sec- retary shall certify the fact, with a copy of the record, to the board of said district and to the board of said city, town or village school dis- trict; whereupon the board of such city, town or village district shall meet to consider the advisability of receiving such territory, and should a majority of all the members of said board favor such annexa- 78 tion, the boundary lines of such city, town or village school district shall from that date be changed so as to include said territory, and said board shall immediately notify the clerk of said district which has been annexed, in whole or in part, of its action. In case an entire district is thus annexed, all property and money on hand thereto be- longing shall immediately pass into the possession of the board of said city, town or village district; but should only a part of a district be annexed thereto, said part shall relinquish all claim and title to any part of the school property and money on hand belonging to said original district, and that portion of the district remaining must con- tain within its limits thirty children and thirty thousand dollars as- sessed valuation, or thirty children and nine square miles of territory. The voting at said special school meeting shall be by ballot, as pro- vided for in section 9861, and the ballots shall be "for annexation" and "against annexation" when the whole district is to be annexed, but if only a part is to be annexed, the ballots shall read "for release" and "against release." (R. S. 1889, 8097.) Board of special school district, power to extend limits. 65 Mo. 50. Meeting to vote upon proposition to annex territory must be called by board of directors. 54 A. 202. How right of annexation may be exercised. 68 A. 397. It will be observed that no provision is made for detaching territory from a dis- trict organized under this article. SEC. 9876. Annexation to T school district when cor- porate limits are extended. Whenever, by reason of the limits of any city, town or village being extended, a portion of the territory of any school district adjacent thereto has been incorporated in the city, town or village school district, the inhabitants of such remain- ing parts of districts shall have the right to be annexed to such city, town or village school district: Provided, that when such part of a school district desires to be so annexed, an election shall be held at a special meeting as provided in section 9875, and should a majority of the votes cast favor annexation, the secretary shall certify the fact, with a copy of the record, to the board of said district and to the board of said city, town or village school district; whereupon the board of such city, town or village district shall meet and confirm such annexation by a proper resolution of record; and provided, that when such part of a school district has no organization, any ten qualified voters may call a meeting of the district and proceed as provided in the foregoing section; and the secretary of such meeting shall certify if the majority vote for annexation, to the board of directors of the city, town or village school district, and the same action shall be taken as provided above. The remaining portion of such district shall be entitled to be attached to said city, town or ~ 79 ft UNH ^ village school district: Provided, that the school population of said adjoining district has been reduced to a smaller number than that required by law, or the territory has been reduced to less than nine square miles; and whenever such adjoining fractional district shall desire to be so annexed, a petition or memorial shall be presented to the city, town or village school district, informing the board of di- rectors of the same of their desire to be annexed, and giving the boundary of the fractional district desired to be annexed, the number of inhabitants in the same, and the number of children of school age; whereupon the board of directors of such city, town or village school district shall take such action for the incorporation of such adjoining territory as is required to be taken when territory has been annexed, as provided in section 9875: Provided, however, that where a portion of one or more school districts adjacent to such city, town or village school district, and adjacent to each other, have been, by reason of the extension of the limits of such city, deprived of the necessary school population or territory to enable them to maintain their school district organization, they shall have a right to elect, first, to become a part of said city, town or school district; or, second, to continue as a separate school district; or, third, to join two or more of the ad- joining school districts; and for the purpose of such election, the qualified voters of such districts shall call a special meeting and proceed to vote on such propositions, as provided in section 9875; and provided, if the said fractional part of a district has no board of directors remaining, any ten qualified voters of said fraction of a district may call such special meeting, and if a majority of the quali- fied voters, present and voting at said meeting vote favorable to either of said propositions, a certified copy of the proceedings of such meet- ing shall be delivered to the board of directors of the school district to which they vote to be attached, and such board of directors shall take such steps as necessary and lawful to perfect the annexation as decided by said election. (Laws 1895, p. 259.) This act of April 11, 1895, is applicable to the extension of the city limits made prior to said date, and a portion of a school district lying adjacent to such city dis- trict ipso fac.) .-!."> 27 New Franklin 3rd Reader full cloth 26 l /i BO 32 New Franklin 4th Reader, full cloth 33 '^ 38 40 New Franklin 5th Reader, full doth... 3'J'* Author and name. Publisher. ! s-g M* o'ff O gs ? ^ CC 89 : o w : s rt- Lg PRIMER. Taylor's Primer, boards and cloth W. Sch. Bk.Co $ 23 $ 26 30 $ 18 SPELLER. Sever's Progressive Speller, cloth Sever's Progressive Speller, board D.O. H. &Co 17 13 19 16 28 23 10 08 HIGH-SCHOOL BOOKS. AGRICULTURE AND HORTICULTURE. Bailey's Plant Breedin " . . . MacMillan Co $67 $ 77 $77 Sfift Bailey's Nursey Book 67 77 77 King's "The Soil" f( 50 58 f^Q 4^ Bailey's Fruit Growing , 4 84 Q7 07 ALGEBRA. Milne's Elements, cloth Milne's High School, cloth A. B. Co 45 75 51 86 60 1 00 30 40 ARITHMETIC, HIGHER. Walsh's Higher Arithmetic D. C. H. &Co 52 59 66 46 ASTRONOMY. Howe's Elements of Descriptive As- tronomy S. B. & Co 1 00 1 15 1 25 60 BIOLOGY. Boyer's Elementary Biology D. C. H. &Co 65 75 80 50 BOOK-KEEPING. Tablet Method of Book-keeping. Ellis Pub. Co 1 10 1 27 2 17 65 BOTANY. Bergen' s Elements of Botany Ginn & Co 88 1 01 1 10 60 CHEMISTRY. Shepard's Elements of Chemistry D. C H. & Co 90 1 03 1 05 68 DICTIONARIES. Webster's Primary Dictionary Webster's Common School A. B. Co 39 58 44 66 48 72 Webster's Hi-h School f ( 79 90 98 ELOCUTION. Smith's Reading and Speaking D.C.H.&Co 63 69 80 ENGLISH CLASSICS. Academic Series Allyn & Bacon Eclectic English Classics Classics Ginn & Co English Classics Harper Bros Riverside Literature Series Houghton Mifflin & Co Fn^lish Classics Leach Shewell & Sanborn English Classic Series Maynard Merrill & Co Classics Silver Burdette & Co FRENCH. Chardenal's Complete Course Allyn & Bacon 87 1 00 1 00 60 GEOLOGY. Leconte's Compend of Geology A.B. Co 90 1 03 1 20 55 91 HIGH-SCHOOL BOOKS Continued. Author and name. Publisher. Contract price t% z$ o c; at ?? w i! 5 if GEOMETRY. Phillips & Fisher's Plane Harper Bros .... S 64 1 67 $ 73 $ 50 Phillips & Fisher's Elements Abridged 98 1 05 1 15 50 GERMAN. Joynes-Meissner's Grammar D. C. H. &Oo 91 73 1 02 84 1 05 90 67 54 Harris* German Lessons a 47 54 57 36 Becktold . . . 40 46 50 20 GOVERNMENT, AMERICAN. Hinsdale's American Government GRAMMAR, COMPOSITION & RHETORIC. Patrick's Higher English W. Sch. Bk. Co Becktold 80 35 92 40 1 00 45 50 15 Southworth & Goddard's Elements of L S & S 39% 45 60 36 William's Rhetoric D O H & Co 68 78 82 40 Hill's Foundations of Rhetoric Harper Bros 80 85 95 43 Buehler's Practical Exercises in Eng GREEK, White's First Greek Book Ginn & Co 40 1 00 4:> 1 15 46 1 25 22 75 Harper & Castle's Prose Comp Goodwin's Greek Grammar A. B.Co Ginn & Co 57 1 20 65 1 38 75 1 50 35 1 00 Harper & Wallace's Anabasis HISTORY. Myers' Ancient A. B. Co Ginn & Co 1 13 1 13 1 29 1 29 1 50 1 50 70 90 Myers' Medieval & Modern 1 13 1 29 1 50 90 Myers' General 4 ( 1 13 1 29 1 50 90 Green's Short Hist of Eng Peo Harper Bros 96 1 05 1 15 53 Fiske's American LATIN. Collar & Daniell's 1st Latin Book H. M. &Oo Ginn & Co 79 75 90 86 95 1 00 60 50 Churchill & Sanford's Viri Romae . Rolfe's Nepos .... S. F. &Co Allyn & B 57 82 65 94 67 94 35 45 Bennett's Latin Grammar 6(5 75 75 30 Allen & Greenough's Grammar . . . Ginn & Co 90 1 03 1 20 52 Harper & Tolman's Csesar A B Co 90 1 03 1 20 60 Lowe & Ewing's Caesar Kelsey's Cicero S.F.&Co Allyn & B 94 1 00 1 08 1 15 1 11 1 15 60 65 Comstock's Vergil 1 05 1 20 1 20 70 Arnold's Prose Oomp Moulton & Collar's Prose Comp A. B. Co Ginn & Co 75 60 86 69 1 00 80 45 30 LITERATURE. Matthew's Introduction to Am. Lit Hawthorne & Lemon's American Lit Painter's English Literature MUSIC. Normal 1st Reader Normal 2nd Reader A. B. Co D. C. H. &Co L.S. &S S. B. &Co 75 85 96& 243-10 45 1-5 86 98 1 10 28 52 1 00 1 10 1 25 32 60 60 <)5 75" 18 26 Cecilian Series Study and Song, Book III 45 2-5 52 60 26 Cecilian Series Study and Song Book IV 54 61 72 30 Songs of the Nation Johnson 48 55 60 27 First Series Charts 7 40 8 50 Second Series Charts . 7 40 8 50 MYTHOLOGY. Guerber's Myths of Greece and Rome.. PHYSICAL GEOGRAPHY. Tarr's Elementary Physical Geog A. B.Co MacMillan Co 1 16 1 10 1 33 1 25 1 50 1 25 90 Tarr's 1st Book, Mo. Edition. . . 76 87 S7 55 HIG/H-SCH6OL BOOKS Continued; Author and name. Publisher. Contract price W " (t If 1 Exchange price.... PHYSIOLOGY. Stowell's Essentials of Health S B & Co . . . . ... $ 61 $ 70 $ 75 $ 35 PHYSICS. Gage's Intro to Physical Science Ginn & Co 75 86 1 00 50 POLITICAL ECONOMY. Walker's First Lessons H Holt & Co 80 92 1 10 70 TRIGONOMETRY. Wentworth's without tables . . Ginn & Co 68 78 85 51 Wentworth's with tables 96 1 10 1 20 72 ZOOLOGY. Col ton's Zoology D C H & Co 65 74 77 48 NAMES AND ADDRESSES OF PUBLISHERS. Allyn & Bacon, Chicago, 111. American Book Co., Chicago, 111. Becktold Printing and Book Mfg. Co., St. Louis, Mo. Educational Publishing Co., Chicago, 111. Ellis Publishing Co., Battle Creek, Mich. Ginn & Co., Chicago, 111. Harper & Bros., Chicago, 111. Heath, D. C. & Co., Chicago, 111. Holt, Henry & Co., Chicago, 111. Houghton, Mifflin & Co., Chicago, 111. Leach, Shewell & Sanborn, Chicago, 111. Lippincott, J. B. & Co., Philadelphia, Pa. Maynard, Merrill & Co., New York City. Tribune Printing Co., Jeffrson City, Mo. Scott, Foresman & Co., Chicago, 111. Sheldon & Co., Chicago, 111. Silver, Burdett & Co., Chicago, 111. St. Louis Book Co., St. Louis, Mo. The MacMillan Company, New York City. Werner School Book Co., Chicago, 111. White, J. M.. Columbia, Mo. Woodward-Tiernan Printing Company, St. Louis, Mo. FORMS. PETITION FOR CHANGE OF BOUNDARY. (Section 971,2.) To district clerk: We, the undersigned, qualified voters (ten or more) of district No. , township No. , range, No. , county of , State of Missouri, desire the following changes in district boundary lines: and hereby petition you "to post a notice of such desired change in at least five public places in each district interested, fifteen days prior to the time of the annual meeting." (Signed by ten or more qualified voters residing in any territory affected by the proposed change.) NOTICE OF ANNUAL SCHOOL MEETING. (Section 97^9.) Notice is hereby given to the qualified voters of district No. , township No. , range No. , county of , State of Missouri, that the annual school meeting of 93 said district will be held at , on Tuesday, the day of April, 190, commenc- ing at 2 o'clock p. m., and among other things specified by the law, the following will be proposed and considered. -, District Clerk. APPOINTMENT OF DIRECTOR BY SCHOOL DIRECTORS. (Section 9762.) We, the undersigned, directors of district No. , township No. , range No. , of county, Missouri, do hereby appoint to fill the vacancy in the office of director of said district, caused by the (death, resignation, removal or refusal to act, naming the cause) of . Directors. TEACHER'S CONTRACT. (Section 9766.) This agreement, made the day of , 190, between , a legally qualified public school teacher, of the first part, and the school board of district No. , town- ship No. , range No. , county of , and State of Missouri, of the second part. Witnesseth: That the said agrees to teach the public school of said district for the term of months, commencing on the day of , 190, for the sum of dollars per month, to be paid monthly, and that for services properly rendered and reports correctly made according to law, said board agrees to issue a warrant upon the treasurer, in favor of the said , for the amount of wages due under this agreement. Done by order of the board, this day of , 190. Teacher. President. Attest: District Clerk. PETITION FOR CALL OF SPECIAL MEETING. (Section 9780.) We, the undersigned, a majority of the qualified voters residing in school district N C . _ t township No. , range No. , county of , State of Missouri, desire that a special meeting of the qualified voters of said district be called for the purpose of NOTICE OF SPECIAL SCHOOL MEETING. (Section 9780.) Notice is hereby given to the qualified voters of district No. , township No. , range No. , county of - , and State of Missouri, that in conformity with the petition of a majority of the resident voters of said district, a special school meeting will be held at , in said district, on the day of , 190, commencing at 2 o'clock p. m., for the following purposes, viz.: Done by order of the Board, this day of , 190. , District Clerk. NOTE The above notice should state distinctly the purpose for which the meet- ing is called, and should be posted fifteen days before the day set for the meeting. PROVISIONS OF THE CONSTITU TION OF MISSOURI. TAXATION. ARTICLE X. SEC. 11. Taxes for county, city, town and school purposes, may be levied on all subjects and objects of taxation; but the valuation of property therefor shall not exceed the valuation of the same property in such town, city or school district for state and county purposes. For county purposes the annual rate on property, in counties having six million dollars or less, shall not, in the aggregate, exceed fifty cents on the hundred dollars valuation; in counties having six million dol- lars and under ten million dollars, said rate shall not exceed forty cents on the hundred dollars valuation; in counties having ten million dollars and under thirty million dollars, said rate shall not exceed fifty cents on the hundred dollars valuation; and in counties having thirty million dollars or more, said rate shall not exceed thirty-five cents on the hundred dollars valuation. For city and town purposes the an- nual rate on property in cities and towns having thirty thousand inhabitants or more shall not, in the aggregate, exceed one hundred cents on the hundred dollars valuation; in cities and towns having less than thirty thousand and over ten thousand inhabitants, said rate shall not exceed sixty cents on the hundred dollars valuation; in cities and towns having less than ten thousand and more than one thousand inhabitants, said rate shall not exceed fifty cents on the hundred dol- lars valuation; and in towns having one thousand inhabitants or less, said rate shall not exceed twenty-five cents on the hundred dollars valuation. For school purposes in districts, the annual rate on prop- erty shall not exceed forty cents on the one hundred dollars valuation : Provided, the aforesaid annual rates for school purposes may be in- creased in districts formed of cities and towns, to an amount not to exceed one dollar on the hundred dollars valuation, and in other dis- tricts to any amount not to exceed sixty-five cents on the hundred dol- lars valuation, on the condition that a majority of the voters who are tax-payers, voting at an election held to decide the question, vote for said increase. For the purpose of erecting public buildings in coun- 93 ties, cities or school districts, the rates of taxation herein limited may be increased when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people, and twoHhirds of the qualified voters of such county, city or school dis- trict voting at such election, shall vote therefor. The rate herein allowed to each county shall be ascertained by the amount of taxable property therein, according to the last assessment for state and county purposes, and the rate allowed to each city or town by the number of inhabitants, according to the last census taken under the authority of the state, or the United States; said restrictions as to the rates shall apply to taxes of every kind and description, whether general or special, except taxes to pay valid indebtedness now existing or bonds which may be issued in renewal of such indebtedness. SEC. 12. No county, city, town, township, school district or other political corporation or subdivision of the state shall be allowed to be- come indebted in any manner, or for any purpose, to an amount exceed- ing in any year the income and revenue provided for such year, with- out the assent of two-thirds of the voters thereof, voting at an elec- tion to be held for that purpose; nor in cases requiring such assent shall any indebtedness be allowed to be incurred to an amount, includ- ing existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for state and eounty pur- poses, previous to the incurring of such indebtedness: Provided, that with such assent any county may be allowed to become indebted to a larger amount for the erection of a court-house or jail; and provided further, that any county, city, town, township, school district, or other political corporation or subdivision of the state, incurring any in- debtedness requiring the assent of the voters aforesaid, shall, before or at the time of doing so, provide for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for payment of the principal thereof, within twenty years from the time of contracting the same. EDUCATION. ARTICLE XI. SECTION 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the general assembly shall establish and maintain free public 96 schools for the gratuitous instruction of all persons in this state be- tween the ages of six and twenty years. SEC. 2. The income of all the funds provided by the state for the support of free public schools shall be paid annually to the several county treasurers, to be distributed according to law; but no school district in which a free public school has not been maintained at least three months during the year for which the distribution is made shall be entitled to receive any portion of such funds. SEC. 3. Separate free public schools shall be established for the education of children of African descent. SEC. 4. The supervision of instruction in the public schools shall be vested in a "board of education," whose powers and duties shall be prescribed by law. The superintendent of public schools shall be president of the board; the governor, secretary of state and attorney- general shall be ex officio members, and, with the superintendent, com- pose said board of education. SEC, 5. The general assembly shall, whenever the public school fund will permit, and the actual necessity of the same may require, aid and maintain the state university now established, with its present departments. The government of the state university shall be vested in the board of curators, to consist of nine members, to be appointed by the governor, by and with the advice and consent of the senate. SEC. 6. The proceeds of all lands that have been or hereafter may be granted by the United States to this state, and not otherwise appropriated by this state or the United States; also, all moneys, stocks, bonds, lands and other property now belonging to any state fund for purposes of education; also, the net proceeds of all sales of lands and other property and effects that may accrue to the state by escheats, from unclaimed dividends and distributive shares of the es- tates of deceased persons; also, any proceeds of the sales of the public lands which may have been or hereafter may be paid over to this state (if congress will consent to such appropriation) ; also, all other grants, gifts or devises that have been or hereafter may be made to this state, and not otherwise appropriated by the state or the terms of the grant, gift or devise, shall be paid into the state treasury, and securely invested and sacredly preserved as a public school fund; the annual income of which fund, together with so much of the ordinary revenue of the state as may be by law set apart for that purpose, shall be faith- fully appropriated for establishing and maintaining the free public schools and the state university in this article provided for, and for no other uses or purposes whatever, 97 SKC. 7. In case the public school fund now provided and set a par! by law for the support of free public schools shall be insufficient to sustain a free school at least four months in every year in each school district in this state, the general assembly may provide for such deficiency in accordance with section eleven of the article on revenue and taxation, but in no case shall there be set apart less than twenty- five per cent, of the state revenue exclusive of the interest and sink- ing fund, to be applied annually to the support of the public schools. SEC. 8. All moneys, stocks, bonds, lands and other property belonging to a county school fund; also, the net proceeds from the sale of estrays; also, the clear proceeds of all penalties and forfeit- ures, and of all fines collected in the several counties for any breach of the penal or military laws of the state, and all moneys which shall 1 c paid by persons as an equivalent for exemption from military duty, shall belong to and be securely invested and sacredly preserved in the several counties as a county public school fund; the income of which fund shall be faithfully appropriated for establishing and maintaining free public schools in the several counties in this state. SEC. 9. No part of the public school fund of 'the state shall ever be invested in the stock or bonds or other obligations of any other state, or of any county, city, town or corporation; and the proceeds of the sales of any lands or other property which now belongs or may hereafter belong to said school fund, shall be invested in the bonds of the state of Missouri or of the United States. SEC. 10. All county school funds shall be loaned only upon unencumbered real estate security of double the value of the loan, with personal security in addition thereto. SEC. 11. Neither the general assembly nor any county, city, town, township, school district or other municipal corporation shall ever make an appropriation, or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university or other institution of learning, con- trolled by any religious creed, church or sectarian denomination what- ever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town or other municipal corporation, for any religious creed, church or sectarian purpose whatever. 8-7 98 IMPORTANT SECTIONS BEARING OX SCHOOL LAW. (Laws of 1899.) SEC. 1922. Claims corruptly allowed by county courts and other officers. Any member of the county court, common council or board of trustees, or officer or agent of any county, city, town, village, school township, school district or other municipal cor- poration, who shall, in his official capacity, willfully or corruptly Tote for, assent to or report in favor of, or allow or certify for allowance, any claim or demand, or any part thereof, against the county, city. town, village, school township, school district or other municipal cor- poration, of which he is such officer or agent, or against the county court, common council or board of trustees of which he is a member such claim or demand, or part thereof, being for or on account of any contract or demand or service not authorized or made as provided or required by law every such person so offending shall, on conviction, be punished by imprisonment in the penitentiary not more than five years, or by a line of not less than one hundred nor more than five thou- sand dollars, or by imprisonment in the county jail not less than two nor more that twelve months, or by both such fine and imprisonment. n