GIFT OF 
 
A 
 
 COMPILATION OF THE 
 
 Public School Laws 
 
 OF NEW MEXICO 
 
 1914 
 
 EXTRACTS FROM THE STATE CONSTITUTION, 
 COMPILED LAWS OF 1897 AND SUBSEQUENT 
 TERRITORIAL SESSION LAWS, TO- 
 GETHER WITH ALL SCHOOL LAWS 
 PASSED BY THE FIRST AND 
 SECOND SESSIONS OF THE 
 STATE LEGISLATURE, RE- 
 LATIVE TO EDUCATION 
 
 AND THE 
 
 FORMS USED IN SCHOOL 
 ADMINISTRATION AND 
 A DIRECTORS' GUIDE 
 
 PREPARED UNDER THE DIRECTION OF 
 
 ALVAN N. WHITE 
 
 STATE SUPERINTENDENT OF PUBLIC 
 INSTRUCTION 
 
 JOURNAL. JOB DEPARTMENT 
 
COMPILATION OF THE 
 
 Public School Laws 
 
 OF NEW MEXICO 
 
 1914 
 
 EXTRACTS FROM THE STATE CONSTITUTION, 
 COMPILED LAWS OF 1897 AND SUBSEQUENT 
 TERRITORIAL SESSION LAWS, TO- 
 GETHER WITH ALL SCHOOL LAWS 
 PASSED BY THE FIRST AND 
 SECOND SESSIONS OF THE 
 STATE LEGISLATURE, RE- 
 LATIVE TO EDUCATION 
 
 AND THE 
 
 FORMS USED IN SCHOOL 
 ADMINISTRATION AND 
 A DIRECTORS' GUIDE 
 
 PREPARED UNDER THE DIRECTION OF 
 
 ALVAN N. WHITE 
 
 STATE SUPERINTENDENT OF PUBLIC 
 INSTRUCTION 
 

 THIS VOLUME 
 
 IS 
 
 STATE PROPERTY 
 
 And is for the use of 
 
 of School District No 
 
 County of , State of New Mexico. 
 
 School officers on retiring from office are required by law to deliver 
 this volume, with all other books and documents of an official character, 
 to their successors in office. 
 
 •« • • •■ 
 
Prrfar^ 
 
 Several compilations of School Laws have been issued heretofore, 
 under authorization of the Legislature, Chapter 28, Laws of 1903. 
 This Act authorized the compilation, printing, and distribution of the 
 Compilation of School Laws in pamphlet form, appropriatmg money 
 therefor "from the rental or leasing of the Common School Lands". 
 As the Constitution limits the purposes for which money arising from 
 this cource may be used, and as no funds" were available from any other 
 source, the Department has been unable to issue any compilation since 
 the one of 1 909. The demand for a compilation, however, is so urgent 
 that I have determined to take from the funds of the Department suffi- 
 cient to prepare a somewhat abridged compilation. We have, therefore, 
 omitted much material published in the former compilations which is not 
 of immediate interest in the administration of the public schools of the 
 state. The laws relating to state institutions have been omitted in order 
 to ifiake this volume of more convenient size. Full information relative 
 to these schools may be secured from the president of each school, or 
 frcm this Department. 
 
 It has been my desire in this publication to arrange as systematically 
 as possible all our school laws and to omit those no longer in force by 
 reason of recent legislation, or which do not have a direct bearing upon 
 questions of school administration, and, in the interest of the teachers, 
 school officers, and patrons, to make this pamphlet a clear and intelligi- 
 ble text book on the subject. For this reason, I have included a series 
 of forms for use in the administration of schools and a Directors' Guide 
 arranged according to an alphabetical list of important subjects. 
 
 It is my hope that we may eventually secure the adoption of a school 
 code which will do away with obsolete and conflicting laws and which 
 will present all legislation affecting the schools in a still more conven- 
 ient form. 
 
 ALVAN N. WHITE, 
 State Superintendent of Public Instruction. 
 
 293041 
 
Table of Contents 
 
 Page 
 
 Preface 3 
 
 Educational Directory 4 
 
 Extracts from State Constitution .^ 7 
 
 Extracts from Compiled Laws 1 897 11 
 
 Extracts from Laws of 1 899 38 
 
 Extracts from Laws of 1901 39 
 
 Extracts from Laws of 1 903 46 
 
 Extracts from Laws of 1 90 5 53 
 
 Extracts from Laws of 1 907 55 
 
 Extracts from Laws of 1 909 ^ . 7] 
 
 Extracts from Laws of 1912 77 
 
 Extracts from Laws of 1913 90 
 
 Additional References 1 04 
 
 Forms for Use in School Administration 110 
 
 Calendar 1 30 
 
 Directors' Guids 1 32 
 
 Index 143 
 
New Mexico Educational Directory 
 
 STATE BOARD OF EDUCATION. 
 
 Hon, W. C. McDonald, Governor, Chairman Santa Fe 
 
 Hon. Alvan N. White, Superintendent of Public Instruction, Secre- 
 tary Santa Fe 
 
 Dr. Frank H. H. Roberts, President N. M. Normal University. . . 
 
 East Las Vegas 
 
 Professor E. L. Enloe, President N. M. Normal School. . .Silver City 
 Supt. C. C. Hill, County Superintendent, Chaves County. . . .Roswell 
 Supt. Bonifacio Montoya, County Superintendent, Sandoval County 
 
 Bernalillo 
 
 Supt. J. L. G. Swinney, County Superintendent, San Juan County 
 Aztec 
 
 STATE DEPARTMENT OF EDUCATION. 
 (Santa Fe) 
 
 Alvan N. White Superintendent of Public Instruction 
 
 Filadelfo Baca Assistant Superintendent of Public Instruction 
 
 Rupert F. Asplund Chief Clerk 
 
 Eve Wientge Stenographer and Clerk 
 
 Manette A. Myers, State Director of Industrial Education. . .Santa Fe 
 
 HEADS OF STATE EDUCATIONAL INSTITUTIONS. 
 David R. Boyd, President University of New Mexico. . .Albuquerque 
 
 George E. Ladd, President Agricultural College State College 
 
 Frank H. H. Roberts, President New Mexico Normal University . . 
 
 East Las Vegas 
 
 E. L. Enloe, President New Mexico Normal School Silver City 
 
 F. A. Jones, President New Mexico School of Mines Socorro 
 
 Maj. J. W. Willson, Superintendent New Mexico Military Insti- 
 tute Roswell 
 
 O. C. Zingg, President Spanish-American Normal El Rito 
 
 W. C. Connor, Jr., Superintendent School for Deaf and Dumb. . 
 
 Santa Fe 
 
 R. R. Pratt, Superintendent Institute for the Blind Alamogordo 
 
6 , COMPILAIIOM OF THE SCHOOL LAWS 
 
 COUNTY SUPERINTENDENTS. 
 
 Bernalillo, Atanasio Montoya Albuquerque 
 
 Chaves, C. C. Hill Roswell 
 
 Colfax, Mrs. Josie Lockard Raton 
 
 Curry, L. C. Mersfelder Clovis 
 
 Dona Ana, Frank M. Hayner Las Cruces 
 
 Eddy, W. A. Poore Carlsbad 
 
 Grant, Miss Isabel L. Eckles Silver City 
 
 Guadalupe, J. V. Gallegos Santa Rosa 
 
 Lincoln, Mrs. Wallace L. Gumm Carrizozo 
 
 Luna, Miss Grace G. Goebel Deming 
 
 Mora, Manuel Madrid Mora 
 
 McKinley, W. D. Cornell Gallup 
 
 Otero, R. S. Tipton . Alamogordo 
 
 Quay, E. Pack Tucumcari 
 
 Rio Arriba, David Martinez, Jr Velarde 
 
 Roosevelt, Mrs. S. F. Culberson Portales 
 
 Sandoval, Bonifacio Montoya Bernalillo 
 
 San Juan, J. L. G. Swinney • • • •' Aztec 
 
 San Miguel, M. F. DesMarais Las Vegas 
 
 Santa Fe, J. V. Conway Santa Fe 
 
 Sierra, F. I. Given Hillsboro 
 
 Socorro, Benjamin Sanchez Socorro 
 
 Taos, Jose Montaner Taos 
 
 Torrance, Charles L. Burt Mountainair 
 
 Union, H. H. Errett Clayton 
 
 Valencia, Saturnino Baca Belen 
 
Extracts From The State Constitution, 
 
 Relating To Education. (Adopted 1911 
 
 And Effective After The Admission 
 
 To Statehood, Jan. 6, 1912.) 
 
 The constitution adopted by the constitutional convention held at 
 Santa Fe in October and November, 1910, was duly ratified by the 
 people of New Mexico on January 21, 1911, and on February 24 
 was transmitted to Congress by the President, with his approval and 
 with the recommendation that the same be approved by Congress. At 
 an election held November 7, 1911, the constitution was ratified and 
 went into effect on the formal proclamation of statehood, Jan. 6, 1912. 
 
 In substance the provisions of the proposed constitution relatmg to 
 education are as follows: 
 
 Article V. — Executive Department. 
 
 Sec. 1 . The executive department shall consist of a governor, 
 * * * superintendent of public instruction, * * * who shall 
 be elected for a term of four years, beginning on the first day of January 
 next after their election. 
 
 Sec. 2. Qualifications of superintendent of public instruction: a 
 citizen of the United States; at least thirty years of age; resident of 
 New Mexico at least five years; a trained and experienced educator. 
 
 Sec. 12. Salary of superintendent of public instruction, $3,000 
 per annum. 
 
 Article VII. — Elective Franchise. 
 
 Sec. 1. All school elections shall be held at different times from 
 other elections. Women possessing the qualifications required of male 
 electors shall be qualified electors at school elections; providetl, woman 
 suffrage shall be suspended in any school district in which the majority 
 of the qualified voters present a petition to the board of county com- 
 missioners against such suffrage. 
 
 Sec. 2. Women possessing the qualifications required of male elec- 
 tors shall be eligible to hold the office of county school superintendent, 
 school director, and member of a board of education. 
 
 Sec. 4. No person shall be deemed to have acquired or lost resi- 
 
8 COMPILATION OF THE SCHOOL LAWS 
 
 dence by reason of his presence or absence * * * while a student 
 of any school. 
 
 Article VIII. — Taxation and Revenue. 
 
 Sec. 4. Annual levy for state revenue, 4 mills, except for the sup- 
 port of educational * * * institutions of the state. Maximum 
 levy for state purpose for the first two years under this constitution, 1 2 
 mills ; thereafter 1 mills. 
 
 Sec. 1 3. No execution shall be issued against any "^ ^ ^ 
 school district or board of education; or against any officer of any 
 * ^ * school district or board of education upon any judgment 
 against him in his official capacity, and for which the * * -v^ 
 school district or board of education is liable, but the same shall be paid 
 out of the proceeds of a tax levy. 
 
 Article IX. — State, County and Municipal Indebtedness. 
 
 Sec. 1 . No school district shall borrow money except for school 
 buildings and grounds and only when approved by majority voting at 
 election. 
 
 5ec. 14. No * * * school district shall lend its credit or 
 make any donation to any person, association, corporation, railroad, or 
 any private enterprise. 
 
 Article XII. — Education. 
 
 Sec. I . A uniform system of public schools sufficient for and open 
 to all children of school age shall be established and maintained. 
 
 Sec. 2. The permanent school fund shall consist of the proceeds 
 of sales of sections two, sixteen, thirty-two and thirty-six in each town- 
 ship; the proceeds of sales of all lands granted to the state without con- 
 ditions; such portion of the proceeds of sales of lands of the United 
 States within the state as has been or may be granted by Congress; also 
 all other grants, gifts and devises made to the state, the purpose of which 
 is not otherwise specified. 
 
 Sec. 3. The schools, colleges, universities and other educational 
 institutions provided for by this constitution shall forever remain under 
 the exclusive control of the state, and no part of the proceeds arising 
 from the sale of any school lands granted to the state or any other 
 educgitional funds shall be used for the support of any sectarian, de- 
 nominational, or private school, college or university. 
 
 Sec. 4. All fines and forfeitures collected under general laws; the 
 net proceeds of property that may come to the state by escheat; the 
 rentals of all schpol lands granted to the state, the disposition of which 
 is not otherwise provided for by the terms of the grant or by act of 
 
OF THE STATE OF NEW MEXICO 9 
 
 Congress ;. and the income derived from the permanent school fund, 
 shall constitute the current school fund of the state. The legislature 
 shall provide for an annual tax for the maintenance of the public 
 schools, the proceeds of such tax levy to be added to the current school 
 fund. The said fund shall be distributed among the school districts of 
 the state in the proportion to the number of children of school age in 
 each district. The legislature shall provide for the levy and collection 
 of additional local taxes for school purposes. A public school shall be 
 maintained for at least five months in every school district. 
 
 Before making the distribution there shall be taken from the current 
 school fund a sufficient reserve to be distributed among school districts 
 in which the proceeds of the local tax, when levied to the limit allowed 
 by law, plus the regular quota of current school funds allotted to said 
 district, shall not be sufficient for maintaining school for the full period 
 of five months and this reserve fund shall be so distributed among such 
 districts as to enable each district to hold school for the said period. 
 
 Sec. 5. Every child of school age and of sufficient physical and 
 mental ability shall be required to attend a public or other school during 
 such period and for such time as may be prescribed by law. 
 
 Sec. 6. A state board of education is created, to consist of seven 
 members. It shall have the control, management and direction of all 
 public schools, under such regulations as may be provided by law. The 
 governor and the state superintendent of public instruction shall be ex- 
 officio members of said board and the remaining five members shall be 
 appointed by the governor, by and with the consent of the Senate; and 
 shall include the head of some state educational institution, a county 
 superintendent of schools, and one other person actually connected with 
 educational work. The legislature may provide for district or other 
 school officers, subordinate to said board. 
 
 Sec. 7. The principal of the permanent school fund shall be in- 
 vested in the bends of the state or territory of New Mexico, or of any 
 county, city, town, board of education or school district therein. All 
 losses from such funds, however occurring, shall be reimbursed by the 
 state. 
 
 Sec. 8. The legislature shall provide for the training of teachers 
 in the normal schools or otherwise so that they may become proficient in 
 both the English and Spanish languages, to qualify them to teach Span- 
 ish-speaking pupils and students. 
 
 Sec. 9. No religious test shall ever be required of any teacher or 
 student in any public school or state educational institution, and no 
 teacher or student of such school or institution shall ever be required to 
 attend or participate in any religious service. 
 
10 COMPILATION OF THE SCHOOL LAWS 
 
 Sec. 1 0. Children of Spanish descent shall never be denied the 
 right and privilege of admission in the public schools or other public 
 educational institutions of the state, and they shall never be classed in 
 separate schools, but shall enjoy equality with other children. 
 
 5ec. 1 1 . Territorial educational institutions are confirmed as state 
 institutions. 
 
 Sec. 12. Accepts lands granted by enabling act and confirms 
 same to the institutions named in said act. Divides lands granted for 
 nortnal schools. 
 
 Sec. 1 3. The legislature shall provide for the control and man- 
 agement of each of said institutions by a board of regents, for each in- 
 stitution, consisting of five members to be appointed by the governor, by 
 and with the advice and consent of the Senate for a term of four years, 
 and no more than three of whom shall belong to the same political party 
 at the time of their appointment. The duties of said boards shall be 
 prescribed by law. 
 
 Article XIII. — Public Lands. 
 
 Sec. 1. Such of school sections 2, 16, 32 and 36 as are not con- 
 tigious to other state lands shall not be sold within 1 years for less than 
 $10 per acre. 
 
 Article XV. — Agriculture and Conservatioi,. 
 
 Sec. 1 . There shall be a department of agriculture which shall 
 be under the control of the board of regents of the College of Agricul- 
 ture and Mechanic Arts, and the legislature shall provide lands and 
 funds necessary for experimental farming and demonstrating by said de- 
 partment. 
 
 Article XX. — Miscellaneous. 
 
 Sec. 1 0. The legislature shall regulate the employment of children. 
 
 Sec. 1 7. There shall be a uniform system of text-books for the 
 public schools which shall not be changed more than once in six years. 
 Article XXI. — Compact With the United States. 
 
 Sec. 4. Provision shall be made for the establishment and main- 
 tenance of a system of public schools which shall be open to all the 
 children of the state and free from sectarian control, and said schools 
 shall always be conducted in English. 
 
 Section 4, Article XXII, of the Constitution provides: "All laws 
 of the Territory of New Mexico at the time of its admission into the 
 Union as a state, not inconsistent with this constitution, shall be and re- 
 main in force as the laws of the state until they expire by their own 
 limitation, or are altered or repealed; and all rights, actions, claims, 
 contracts, liabilities and obligations, shall continue and remain unaffected 
 by the change in the form of government. 
 
Extracts from the Compiled Laws of the 
 Territory of New Mexico, 1897 
 
 Sec. 299. — Unlawful for County Commissioners, Cit}) Council, Town 
 Trustees, Boards of Education, etc., to Contract An^ Debt for Any 
 Year Which Cannot Be Paid from Funds Actually Collected Dur- 
 ing Such Current Year. 
 
 From and after the date of the passage of this act it shall be unlawful 
 for any board of county commissioners, city council, town trustees, 
 board of education, board of trustees, or board of school directors of 
 any school district, for any purpose whatever to become indebted or con- 
 tract any debts of any kind or nature whatsoever during any current 
 year which, at the end of such current year, is not and cannot then be 
 paid out of the money actually collected and belonging to that current 
 year, and any and all kind of indebtedness for any current year which 
 is not paid and cannot be paid, as above provided for is hereby declared 
 to be null and void, and any officer of any county, city, town, school 
 district or board of education, who shall issue any certificate or other 
 form of approval of indebtedness separate from the account filed in the 
 first place or who shall, at any time, use the fund belong!-'/? to any 
 current year for any other purpose than paying the current expenses of 
 that year, or who shall violate any of the provision of this act, shall be 
 deemed guilty of a misdemeanor and upon a conviction thereof shall 
 be fined not less than one hundred nor more than one thousand dollars 
 or be confined in the county jail for a period of not more than six 
 months or by both such fine and imprisonment, in the discretion of the 
 court trying the case. 
 
 Sec. 300. — Fees, Salaries and Perquisites of Officers to Be Reduced. 
 All fees, salaries and perquisites of the different officers of the several 
 counties, cities, towns, boards of education, school districts, district at- 
 torneys and any and all other officers shall be reduced in the event there 
 is an insufficient collection of money with which to pay them as pro- 
 vided by law for their services in any current year so that there shall 
 be no violation of the provisions in this act as to incurring indebtedness 
 for any current year over and above the money actually collected for 
 that current year. 
 
 Sec. 301. — When Collections for Current Year Insufficient to Pay in 
 Full, Then Officers and Creditors to he Paid Pro Rata. 
 (As amended.) In the event that there is an insufficient amount 
 
12 COMPILATION OF THE SCHOOL LAWS 
 
 of money collected during any current year with which to pay for the 
 services, fees, and salaries of the several officers mentioned in sectioa 
 three hundred, then and in that event the said officers and all creditors 
 shall receive in full payment of their respective claims each his pro rata 
 share of the money collected, and the payment of said pro rata part shall 
 be made quarterly between all officers and creditors and in the event of 
 an insufficient amount of money to pay in full for any one quarter the 
 officers and creditors remaining unpaid shall not be paid that amount 
 untilthe salaries and exepnses of the next succeeding quarter or quarters 
 shall have been paid, and in the event all the ofFicers and creditors of 
 any one quarter shall have been paid in full and there then remains any 
 money for the current year, the same shall then be distributed pro rata 
 among the said officers and creditors. Provided, That all the actual 
 expenses for boarding county prisoners shall be paid in full before any 
 bill, fees or salaries are paid and before any pro-rate is made, and such 
 expenses may be paid at the expiration of each and every quarter. 
 Sec. 304. — Current Year to Begin 1st of January^, Except That for 
 Boards of Education and School Districts It Shall Begin 1st of Sep- 
 tember of Each Year. 
 
 The current year for the purpose hereof shall begin on the first day 
 of January and end on the last day of December of each year, except 
 that the current year for boards of education and school districts shall 
 begin on the first day of September of each year and end on the last 
 day of August of the next year. 
 
 Sec. 305. — Money) Collected, or That Should he Collected, From 
 Tax Rolls for County Purposes, Except Special Assessments, to 
 Constitute Fund for Next Current Year. All Other Mone^ CoU 
 lected to Belong to Current Year. 
 
 All moneys collected from the tax roll of any one year for county 
 purposes or that should have been collected for that year for such pur- 
 poses, whether it was placed on the tax roll or not, except moneys col- 
 lected for that year from assessments made for some special purpose, 
 shall constitute the fund for the next current year, and all moneys other 
 than those collected from the tax rolls, or that should have been on the 
 tax rolls, that are collected during any current year and have not by law 
 been placed as belonging to some particular general county fund shall 
 go to and be a part of the fund for the current year in which same are 
 collected. 
 
 Sec. 406. — Unlawful for Town or Cit}) Officials to Bu}), Sell or 
 Speculate in Town or Cit^ Evidences of Indebtedness, Unless Same 
 is for Salary of, or Supplies Furnished fcp. Such Town or Cifp 
 Official 
 
OF THE STATE OF NEW MEXICO 1 3 
 
 That from and after the passage of this act, it shall be unlawful for 
 any mayor, councilman, collector, marshal, clerk or other person holding 
 any office or appointment in and for any incorporated city or town in 
 this territory to either directly or indirectly buy, sell, barter, deal in or 
 speculate in or with any certificate, warrant, or other evidences of in- 
 debtedness of such incorporated city or town, except such certificate, 
 warrant or other evidence of indebtedness shall have been lawfully 
 issued to such person in payment of his salary or in compensation for 
 service rendered by him or for supplies furnished by him to such in- 
 corporated city or town. (See also following sections, C. L. 1897.) 
 Sec. 684. — Persons Responsible for County Mone^ to Render Ac- 
 count and Settle With County Commissioners at January Term and 
 at Other Times When Notified in Writing. 
 
 All collectors, sheriffs, treasurers, clerks, constables and all other 
 persons responsible for the money belonging to the county, shall render 
 their accounts to settle with the board of county commissioners at their 
 January term of each year or at any regular term of the board if so 
 required by the board in writing, and pay into the county treasury any 
 balance which may be found due the county, and take duplicate receipts 
 therefor, and deposit one of said receipts with the clerk of the board 
 within five days thereafter. 
 
 Sec. 686. — Officers Failing to so Account and Settle, Liable to Fine 
 of From Five to One Hundred Dollars. 
 Every officer required by the preceding sections to report to the 
 county board of commissioners who shall fail or neglect to do so as 
 required by law, shall be fined in a sum not less than five nor more than 
 one hundred dollars. 
 
 Sec. 687. — County Commissioners to Examine Into Sufficiency of 
 County Officers* Bonds, and to Require New Bonds When Neces- 
 sary. 
 
 It shall be the duty of the board of county commissioners of each 
 county ,at each regular term on the first day of each term to examine 
 and inquire into the sufficiency of the official bond of the collector, 
 sherifF, treasurer, clerk of probate court, constables, and all other offi- 
 cial bonds given or to be given by any county officer as required by law, 
 and if it shall appear that any one or more of the securities on the 
 official bond of any county officer has or have removed from the county, 
 died, or become insolvent, or of doubtful solvency, the said board of 
 county commissioners shall cause such collector, sheriff, treasurer, clerk, 
 constable or other county officer to be summoned to appear before the 
 said board on a day to be named in said summons, to show cause why 
 he should not be required to give a new bond with sufficient security. 
 
14 COMPILATION OF THE SCHOOL LAWS 
 
 and if at the appointed time he shall fail to satisfy said board as to the 
 sufficiency of the present security, an order shall be entered of record 
 by said board requiring such treasurer, clerk, constable or other county 
 officer, except the collector or sheriff, to file in the office of the county 
 clerk within twenty days, a new bond to be approved as required by law,, 
 unless the number and pecuniary ability of other securities on said bond 
 shall be such as to satisfy said board that the bond is sufficient, not- 
 withstanding one or more of the securities on said bond may have re- 
 moved, be dead, insolvent, or of doubtful solvency, in which case the 
 bond in question may be, in the discretion of the board, held sufficient. 
 Sec. 1527. (As amended by Chap. 99, Laws \ 907 .)— Creation of 
 New Districts. County Superintendents' Report. 
 That Section 1527 of the Compiled Laws of New Mexico is hereby 
 amended so as to read as follows: "That whenever a school district 
 shall be formed in any county, the county superintendent shall, within 
 fifteen days thereafter, prepare and post a notice of the formation of 
 such district, describing its boundaries and stating the number thereof, 
 and appointing a time and place for the first district meeting to select 
 school directors to act until the following election; and he shall also 
 furnish to the county clerk the description and boundaries of each school 
 district as soon as practicable after the same is formed. Should there, 
 for any cause, be no meeting in the newly formed district to select school 
 directors, then the county superintendent shall appoint school directors 
 who shall act till their successors are elected as now provided by law, 
 and all school directors heretofore appointed in a new district by the 
 county superintendent, are hereby declared in all respects, to be valid 
 appointments. The schoci superintendent shall, on or before the I 5th 
 day of October of each year, make out and transmit in writing to the 
 territorial superintendent, bearing date October 1 st, a report containing 
 a statement of the number of school districts in the county, the number, 
 age and sex of children residing in each over five and under twenty-one 
 years of age; the number of schools in the county; the length of time 
 each school has been taught; the number, aga and sex of pupils attend- 
 ing the same; the number and sex of teachers employed, branches taught 
 and text-books used; the number of private or select schools or academ- 
 ies in the county as far as the same can be ascertained; the number, age 
 and sex of pupils and teachers employed and the branches tau-^ht; the 
 amount of money raised by taies and paid for teachers' salaries in addi- 
 tion to the amount of public money raised by tax or otherwise for the 
 purpose of purchasing sites for school buildings, repairing and. furnishing 
 school houses, and such olher information as the territorial superintendent 
 may desire. 
 
OF THE STATE OF NEW MEXICO 10 
 
 Sec. 1 528. Penalty for Failing to MaJj:e Annual Report. 
 
 That every county superintendent who shall wilfully neglect or refuse 
 to make and deliver to the territorial superintendent his annual report, 
 as required by this act, within the time limited therefor, shall be liable 
 on his bond for the full amount of money lost to the county by such 
 neglect or refusal, with the interest thereon at 1 2 per centum per annum, 
 to be recovered by the county treasurer in the name of the county, from 
 the bondsmen of said superintendent. 
 
 Sec. 1 529. — Present School Districts Declared Legal. 
 
 That each of the school districts of the different counties as now con- 
 stituted, is hereby declared to be a school district, until changed under 
 the provisions of this act, and there shall be established in each district 
 one or more schools in which shall be taught orthography, reading, writ- 
 ing, arithmetic, grammar, geography, the English language, and the 
 history of the United States. 
 
 Sec. 1530. — Each School District a Body Corporate. 
 
 That each school district shall be a body corporate by the name and 
 
 style of School District Number , of the County of , and 
 
 by such name may contract and be contracted with, sue and be sued, in 
 any of the courts of this territory having competent jurisdiction; and 
 every such district shall hold, in the corporate name of the district, the 
 title of lands and other property which may be required by said district 
 for school purposes. 
 
 Sec. 1532. — Election of School Directors. 
 
 (As amended.) That on the second Monday of May, 1891, the 
 present county school superintendents of the respective counties shall 
 cause to be posted notices in at least three public places in each school 
 district, calling an election to be held for three school directors of said 
 district, on the first Monday in June following; said election to be held 
 by three property holders in said district, to be named in said notice, 
 and after said election is held, the three directors elected shall hold office 
 for one year and until their successors are elected and qualified, and the 
 judges of election shall certify the result to the county superintendent. 
 On the second Monday of March of each succeeding year the directors 
 serving at that time shall post notices of an election to be held by them 
 on the first Monday in April by ihe qualified voters for three school di- 
 rectors, whose term shall be one year. Only legal voters, residing and 
 paying taxes in said district, shall be qualified to vote at said election;^' 
 
 * All legal voters, including women possessing the qualifications of 
 legal voters, shall be entitled to vote on all matters affecting the 
 schools. The payment of taxes is not required. (See Constitu- 
 tion.) 
 
i6 COMPILATION OF THE SCHOOL LAWS 
 
 tHe votes shall be hy written or printed ballots, and the election shall be 
 held between the hours of 8 a. m. 'and 5 p. m. on the first Monday of 
 April, at the public school house or some other convenient place to be 
 specified in said notice; the result of said election shall be certified by 
 said directors to the County Superintendent, and the term of office of 
 said directors shall begin on the first Monday of May following their 
 election. The directors so elected shall take and file with the county 
 superintendent, before the first Monday of May, an oath that they will 
 faithfully perform the duties of their office; said oath shall be admin- 
 istered by the judges holding the election first provided for, and at sub- 
 sequent elections by the directors serving, and m said oath shall be set 
 forth the number of said school districts. Any school director who shall 
 fail to call the election and post the notices therefor, or to correctly cer- 
 tify the result of such election as required in this section, shall be 
 deemed guilty of malfeasance in office, and shall be disqualified from 
 again holding said office by appointment or otherwise for a period of 
 one year thereafter, and shall be summarily removed by the superintend- 
 ent of schools, and shall be fined not less than twenty-five dollars nor 
 more than one hundred dollars, or imprisoned in the county jail not Icb.s 
 than twenty-five nor more than one hundred days, the said fines to go to 
 and become a part of the school fund of the district in which such per- 
 son was a director. And it is hereby made the duty of the county 
 school superintendent so removing a director to make affidavit of the 
 facts to the district judge, or before any justice of the peace, and to act 
 as prosecuting witness against said director. The said school directors 
 shall truly canvass the vote cast at the election and send the ballots to 
 the county school superintendent, together with their certificate of elec- 
 tion, where said ballots shall remain in his custody for the period of 
 thirty days, during which time notice of contests may be given by any 
 person interested. If no such notice shall be given within such period, 
 the county school superintendent shall destroy such ballots. But if such 
 notice of contest be given, it shall be his duty to turn the same over, in 
 exactly the same condition as they were received by him, to the Probate 
 Clerk of his county, where they may be examined under the same term* 
 and conditions as ballots in other cases of contested elections for county 
 officers, and the same provisions shall apply to a contest for the position 
 of school director as is provided by law for contesting other county 
 officers. 
 
 Sec. 1533. — Organization and Duties of School Directors. 
 That five days after their qualification the school directors shall meet 
 and elect a chairman and a clerk, and two directors shall constitute a 
 quorum, which shall be competent to discharge all the duties of a full 
 
OF THE STATE OF NEW MEXICO I 7 
 
 board. Should a vacancy occur from any cause, notice shall be given to 
 the county superintendent by the directors or a director, and thereupon 
 said county superintendent shall appoint a director to fill such vacancy 
 until the next election. They shall have the care and keeping of the 
 school house and other property belonging to the school district, and* are 
 hereby authorized to open the school houses for the use of religious, 
 political, literary, scientific, mechanical, agricultural, and industrial so- 
 cieties belonging to their district, for the purpose of holding business or 
 public meetmgs of said societies. 
 
 Sec. 1535. — (As Amended.) Additional Duties of School Directors. 
 
 That no board shall issue warrants or certificates of indebtedness of 
 the school district, in excess of the amount of the levy for one year, but 
 all school orders shall draw 6 per cent, interest per annum after having 
 been presented to the county treasurer and not paid for want of funds, 
 which fact shall be indorsed upon the order by the treasurer. The 
 directors of the several school districts shall also employ and pay school 
 teachers under the restrictions imposed by this act, and shall have 
 the general control and management of the schools in their resoective 
 districts, subject to such supervision as shall herein be conferred upon 
 the county superintendent; and the directors in the several school dis- 
 tricts in the territory shall on or before the first day of September of 
 each year, make a'n enumeration of all unmarried persons between 
 five and twenty-cne years of age, giving the names, ages and sexes of 
 such persons in full, and reporting the same in writing, which shall be 
 signed by all the directors and sent to the county superintendent within 
 fifteen days thereafter. All resident unmarried persons between said 
 ages shall be entitled to attend the schools of their districts. The clerks 
 of the several school districts shall, on or before the first of May of each 
 year, make a report to the county superintendent in writing showing the 
 amount of money collected and expended for school hou^e sites, school 
 houses, and fuel, interest on school house bonds, contingent expenses, 
 and for salaries paid teachers, within the twelve months preceding. Any 
 school director who shall willfully refuse or fail ,to make any report or 
 perform all the duties required by this section, shall be deemed guilty of 
 a misdemeanor, and on conviction before the district court of the proper 
 county, shall be punished by a fine of not more than one hundred dol- 
 lars, or by imprisonment in the county jail for a period not exceeding 
 sixty days, in the discretion of the court. 
 
 Sec. 1536. — Teachers to Keep Records and Make Repo^'ts. 
 
 That every person employed to teach a school established by this act, 
 or any acts now in force, shall keep a proper record, and at the end of 
 
18 COMPILATION OF THE SCHOOL LAWS 
 
 each term, make a report to the county superintendent, showing the 
 whole number of pupils that have attended school during such term, 
 giving the names, ages, and sexes, the average daily attendance, the 
 branches taught, and such other facts as may be deemed important as 
 showing the character of the school and the proficiency of the pupils; 
 and for failure to make such report, he may be fined in the sum of not 
 more than fifty dollars, upon conviction before any justice of the peace. 
 No person shall be paid any money for teaching any school established 
 under this act until an order is presented, signed by two of the school 
 directors of the proper district and endorsed by the county superin- 
 tendent. 
 
 Sec. \ 539. —(Revised Acts 99, Chapter 80.) 
 
 Any tax collector who shall fail to pay over all school money col- 
 lected by him within thirty days after the tenth day of each month in 
 which the same is collected, shall be summarily removed by the gov- 
 ernor from the office of collector. 
 
 Sec. 1 540. — Penalty for Tax Collectors Failing to Turn Over Money. 
 
 If the tax collector be also sheriff, such delinquent shall also be 
 removed from the office of sheriff and forever thereafter be disqualified 
 from holding either of said offices, and the governor shall appoint a suc- 
 cessor, who shall qualify according to law, and who shall hold his office 
 during the balance of the time of the officer removed. It shall also be 
 the duty of the collector of taxes to keep the accounts of special taxes 
 levied by school districts, in separate books provided for that purpose. 
 Sec. 1541. — Regarding the Issuance of Bonds by School Districts. 
 
 That school directors shall have power and authority to borrow money 
 for the purpose of erecting and completing school houses by issuing 
 negotiable bonds of the district, to run any period of not less than 
 twenty years nor exceeding thirty years, drawing interest at a rate not to 
 exceed six per centum per annum, with interest payable semi-annually, 
 at such a place as the board of directors issuing the same may direct, 
 which said indebtedness shall be binding and obligatory on the school 
 districts for the use of which said loan shall be made; but no district 
 shall permit a greater outstanding indebtedness than- an amount equal to 
 four per centum of the assessed value of the property of such district. 
 
 Under the Constitution, bonds amounting to six per cent of assessed 
 valuation may be issued. 
 
 Sec. ] 542. — Issuing of Bonds to he Determined by Qualified Electors. 
 Term and Disposition of Bonds. 
 That the directors of any school district may submit to the voters of 
 their district at the annual or any special meeting called for that pur- 
 
OF THE STATE OF NEW MEXICO 19 
 
 pose, the question of issuing bonds as contemplated by this act, giving 
 the same notice of such meeting as is now required to be given for the 
 election of directors by this act, and the amount proposed to be raised 
 by the sale of such bonds, which question shall be voted upon by the 
 qualified electors of the district, and if a majority of all the votes cast 
 upon that question be in favor of the issue of such bonds, then said 
 board shall issue bonds to the amount voted, in denominations of not 
 less than twenty-five dollars, nor exceeding five hundred dollars, due not 
 less than twenty, nor more than thirty years after date, and redeemable 
 at the pleasure of the district at any time after ten years, which said 
 bonds shall be given in the name of the district issuing them and shall 
 be signed by the president of the board of directors to the county treas- 
 urer, taking his receipt therefor, and said county treasurer shall advertise 
 for the sale of said bonds to the highest bidder, in at least four issues of 
 some weekly paper published in his county, or an adjoining county, and 
 shall countersign said bonds when negotiated; the county treasurer shall 
 place the proceeds of such sale of bonds to the credit of the proper dis- 
 trict, to be paid out as provided for in the manner of special district 
 tax. The county treasurer shall stand charged upon his official bond 
 with all bonds that may be delivered to him, but any bond or bonds 
 not sold may be returned to the district and the treasurer credited with 
 the same: Provided, That if such bonds are issued for the building of 
 a school house, that the contractor constructing the same may receive in 
 payment such bonds at their face value, or at the price offered by the 
 highest bidder. Provided, further. That none of the bonds mentioned 
 in this act shall be sold for less than ninety cents on the dollar. 
 Sec. 1 545. — Bonds Not to be Issued Until Boundaries of School 
 Districts Have Been Established. 
 
 That no bonds of any district shall be issued or any special tax levied 
 until the boundaries of said district shall have been established and the 
 property marked by monuments or by natural objects as provided by 
 law. The boundaries of all school districts in this territory, so far as 
 possible, shall coincide with the precinct boundaries, and said boundaries 
 shall be established by the proper authorities, and the corners thereof 
 marked by monuments or natural objects with the words. District Num- 
 ber — , in a permanent manner marked upon them, and an outlined 
 
 map of the district made, showing the length and breadth thereof, and 
 the proposed location of the school house ; a copy of said map to be filed 
 with the county superintendent. 
 
 Sec. 1547. — Assessor to Make Assessment of District After Boun- 
 daries Are Established. 
 
 That in any school district where a special tax is in contemplation of 
 
20 COMPILATION OF THE SCHOOL LAWS 
 
 being levied, or of bonds being issued, and after the boundaries of the 
 district have been properly determined and marked for that purpose, it 
 shall be the duty of the county assessor to visit said district and make an 
 assessment of all taxable property, both personal and real, within said 
 school district, as fully and completely as he is now required to make 
 the assessment of the county and he shall be governed by the same rules, 
 especially including in such assessment all kinds of livestock which graze 
 wholly within the limit of such district. The county assessor shall pro- 
 vide each board of district directors with a copy of such lists of taxable 
 property in the several districts. 
 
 Sec. 1548. — Temporary School Fund. 
 
 (As amended by Sees. 17 and 19, Chapter 1 19, Laws of 1903.) 
 That the following are hereby declared to be and are the temporary 
 funds for common school purposes and shall be paid to the county treas- 
 urer to the general school fund of each respective county: 
 
 First. The proceeds of all sales of intestate estates which escheat to 
 the territory. 
 
 Second. All forfeitures or recoveries on bonds of county, precinct 
 or territorial officers. (See Constitution, Article XII, Section 4.) 
 
 Third. The proceeds of all fines collected for violation of the penal 
 laws. (See Constitution, Article XII, Section 4.) All moneys ac- 
 cruing under the provisions of this section shall, on or before the first 
 Monday in January, April, July and October in each year, be paid into 
 the county treasury by the officer collecting the same, who shall take 
 duplicate receipts therefor, one of which he shall file in the office of the 
 county clerk, and all officers who fail for two consecutive terms to make 
 such payment and file said duplicate receipts with the county clerk, or 
 who shall have failed to make quarterly reports as now required by 
 law, shall be subject to summary removal from office by the board of 
 county commissioners at the next regular meeting thereafter, and shall 
 also be liable to indictment for malfeasance in office and false swearing, 
 and the person so indicted shall upon conviction thereof be ineligible lo 
 hold said office for the period of two years thereafter; and judges of 
 the district court are hereby required at each term to give this section of 
 the law a special charge to the grand jury, which body is authorized to 
 especially inquire into and make presentment of offenses committed un- 
 der this act. 
 
 Fourth. The proceeds of the sales of lost goods or estrays. 
 
 Fifth. All moneys arising from licenses imposed upon wholesale 
 and retail liquor dealers, distilleries, breweries, wine presses, which now 
 pay license or may hereafter be required to pay license. 
 
OF THE STATE OF NEW MEXICO 21 
 
 Thirty-three and one-third per cent, of all the moneys arising from 
 the above enumerated sources, when collected, shall be paid into the 
 county treasury to the account of the general county school fund of each 
 county in which collected. The collector, or person paying in the above 
 enumerated moneys to the county treasurer shall receive from the county 
 treasurer a receipt in full for the amount paid in. 
 
 County treasurers shall quarterly, on or before the third Monday in 
 March, June, September and December in each year, notify the county 
 superintendent of schools in their respective counties of all funds com- 
 ing into their hands for public school purposes during the preceding 
 quarter and the total amount of moneys on hand then available for public 
 school purposes. 
 
 Note: — According to Article XII, Section 4 of the Constitution 
 "All fines and forfeitures collected under general laws" shall go into 
 the current school fund of the state. 
 
 Sec. 1549.— Po// Tax. As Amended hy Chapter 6/, Laws 1905. 
 That a poll tax of one dollar shall be levied upon all able-bodied 
 male persons of the age of twenty-one years or over, for school purposes. 
 It shall be the duty of the clerks of the various school districts of the 
 Territory of New Mexico to make out separate lists of all persons liable 
 to pay a poll tax, resident in their respective districts and the said clerk 
 shall receive three dollars, to be paid out of any funds in the hands of 
 the directors of said school district for such services, and no other person 
 shall receive a recompense for such service. It shall be the duty of the 
 said school district clerk to collect said poll tax and said clerk shall 
 receive ten per centum of all moneys collected from poll taxes. The 
 school district clerks are hereby empowered to bring suit in the name of 
 the school district for the collection of said poll tax, if not paid within 
 thirty days after the first demand has been made for the payment of 
 same from any person so delinquent. All poll taxes shall be paid to the 
 county treasurer for the use of the respective school districts in which 
 the same are collected, and the treasurer shall pay to the school district 
 clerk his percentage of the gross amount collected: Provided, That 
 no poll tax shall be received by any district clerk from any resident of 
 district than the one in which he resides: And, Provided, further. That 
 no poll tax shall be received by any district clerk from any resident of 
 any other school district. No property shall be exempt from execution 
 in suits for collection of poll taxes and the justices of the peace and con- 
 stables shall not demand fees in advance for such suits. 
 
 NOTE: — For conditions under which members of militia and fire 
 companies may be exempt from payment of poll tax, see Sections 
 1763-1766, C. L. 1897, and Section 79, Chapter 101, Laws 1905.) 
 
22 COMPILATION OF THE SCHOOL LAWS 
 
 Sec. 1 550. — Duty of District Clerk in Respect to Poll Tax. Amended 
 by Chapter 61, Laws 1905. 
 
 It shall be the duty of the school district clerks to make at least four 
 copies of the names of persons liable to pay poll tax, and on the first 
 Monday in February he shall post one of said lists in some conspicuous 
 place in their respective districts for the information of the people, and 
 on or before the first Monday in April the school district clerks shall 
 report to the county clerk a complete list of said persons liable to pay a 
 poll tax in their respective districts, and shall report said list to the county 
 superintendent in writing, and shall report to said superintendent the 
 amount of poll tax collected, from whom collected, the names of persons 
 still delinquent and the reasons for said delinquency, and further, one 
 list of such persons Hable to pay a poll tax shall be filed in the office 
 of said clerks. 
 
 Sec. 1552. — District to Acquire Real Estate. 
 
 That it shall be lawful for any district to take and hold m its corpo- 
 rate name, under the provisions of this act, so much real estate as may 
 be necessary for the location and construction of a school house and 
 convenient schools : Provided, That the real estate so taken, otherwise 
 than by consent of the owner, shall not exceed one acre. The site so 
 taken must be situated on some public highway or thoroughfare. 
 
 Sec. 1553. — Condemnation of Land. 
 That if the owner of any such real estate refuse or neglect to grant 
 the necessary site on his premises, then and in that case the directors 
 may acquire title to so much of said land as is necessary for school pur- 
 poses, in the manner now provided by law for the condemnation of land 
 for railroads or other public purposes, and such lands so taken shall be 
 deemed to be taken for public use. 
 
 Sec. 1555. — Compulsory School Attendance, Proviso. 
 (As amended by Chapter 39, Laws 1 903 and Chapter 121, Laws 
 1909.) Sub-Section 1. That the school directors or board of any 
 school district, town or city in this territory, are hereby empowered and 
 required to compel parents, guardians or other persons having the con- 
 trol, care or direction of children, when such children do not attend 
 some private or denominational school, to send such children under their 
 control to the public school during the entire time such school is in 
 session in each scholastic year in their respective school communities, ex- 
 cept that children referred to in this act shall not be less than seven nor 
 more than fourteen years of age, or of such physical disability as to 
 unfit them for school duties, which disability shall be certified to by some 
 regular practicing physician: Provided, That the private or denom- 
 
OF THE STATE OF NEW MEXICO 23 
 
 Inational school shall be equal in its teaching to the public school of the 
 district; and Provided, furthery That this section shall not apply lo 
 children who live more than three miles from a public school. 
 
 Sub-Section 2. Any parent, guardian or other persons having the 
 control of children and who shall fail or refuse to send such children to 
 school as required by this act, after the clerk of the school district or the 
 clerk of any town or city school board shall have given public notice 
 containing the substance of this act, written or printed in both English 
 and Spanish, by posting same in some conspicuous place at three separate 
 points within the district, or publishing the same in some newspaper 
 within the district, shall be punisiied upon conviction thereof by a fine 
 of not less than $5 nor more than $25, or by imprisonment for not more 
 than ten days in any county jail: Provided, That if such parent or 
 guardian is not able, by reason of poverty, to buy books for any such 
 child, it shall be the duty of any school board of any town, district or 
 city, upon the facts being shown to the satisfaction of a majority thereof, 
 to purchase, through the county superintendent, or through the district, 
 town or city superintendent, if there be one, the necessary books for the 
 use of said child or children, which books shall be loaned to said indi- 
 gent pupil during the school term, yet shall remain the property of the 
 district under the care and custody of the district clerk: Provided, fur- 
 ther. That a sum not exceeding $50 may be expended in any district in 
 any one year for supplying indigent children with such necessary books 
 to be paid for out of the school fund of such district, by warrants drawn 
 as in other cases: And provided also. That there is no school taught 
 within three miles of the place of residence of said child by the nearest 
 established road. 
 
 Sub-Section 3. County superintendents are hereby vested with gen- 
 eral supervisory powers in this matter and shall require directors to com- 
 ply with the provisions of the preceding section ; and it shall be the duty 
 of the presiding judge of the district court to give, at each session of the 
 court, the substance of this law as a special charge to their respective 
 grand juries, and it is made the duty of the district attorneys to give 
 particular heed to the prosecution of causes growing out of violations of 
 this act; and all fines so collected for the violation of this act shall be 
 paid into the county treasury and placed to the credit of the school dis- 
 trict in which the offense occurs. 
 
 Sec. 1 556. — Actual Residents Permitted to Attend School Regardless 
 
 of Race or Nationality. 
 
 (As amended by Chapter 78, Laws 1901.) That pupils who are 
 
 actual residents of a district shall be permitted to attend school in the 
 
 same, regardless of the time when they acquire such residence, whether 
 
24 COMPILATION OF THE SCHOOL LAWS 
 
 before or after the enumeration. That any teacher, school directors, or 
 members of any board of education connected with the common schools 
 in this territory who shall refuse to receive any pupil at school on ac- 
 count of race or nationality, the said pupil being entitled to attend school 
 in said district as hereinbefore provided, shall be guilty of a misde- 
 meanor, and upon conviction before any justice of the peace or district 
 court, shall be fined in a sum of not less than fifty dollars nor more than 
 one hundred, and imprisoned in the county jail for three months, and 
 shall be forever barred from teaching school or to hold any office of 
 honor or profit in this territory. 
 
 Sub-Section 1 . That the superintendent of the county is by this act 
 required to summarily remove from office or employment any person 
 violating the provisions of the preceding section, and upon failure to do 
 so he shall be removed from office by the superintendent of pubHc in- 
 struction, who is hereby authorized and empowered to fill said vacancy. 
 
 Sec. 1557. — Definition of School Da]) and Month. 
 That the school month shall consist of four weeks, of five days each, 
 and a school day shall consist of six hours. 
 
 Sec. I 560. — Property Exempt from School Taxes, 
 That the following classes of property shall be exempt from taxation 
 for school purposes: Property of the United States, of this territory, 
 of counties, cities, towns and other municipal corporations, when de- 
 voted entirely to public use, and not held for pecuniary profit; all public 
 libraries; the grounds, buildings, books, papers and apparatus of literary, 
 scientific, benevolent, agricultural and religious institutions, and societies 
 devoted exclusively to the appropriate object of those institutions, and 
 not leased or otherwise used with a view to pecuniary profit; and ceme- 
 teries not held for pecuniary profit: Provided, That mines and mining 
 claims shall pay a tax upon the net product and upon the surface im- 
 provements only. 
 
 Sec. 1561. — Municipalities Governed /?p Provisions of This Act. 
 All cities and towns now organized by virtue of the authority of for- 
 mer acts, and all cities and towns hereafter organized under any law 
 of this territory, shall be governed by the provisions of this act. 
 
 Sec. 1 562. — Schools in Municipalities Free; Exceptions. 
 In each city or town governed by this act there shall be established 
 and maintained a system of free common schools, which shall be kept 
 open no less than three nor more than ten months in any one year, and 
 shall be free to all children residing in such city or town, between the 
 ages of five and twenty years. But the board of education may, when 
 
OF THE STATE OF NEW MEXICO 25 
 
 school room accommodations are insufficient, exclude for the time being 
 children between the ages of five and seven years. 
 
 NOTE: — The Constitution provides for a minimum term of five 
 months. 
 
 Sec. 1563.- — When Adjacent Territory Ma^ be Attached to Muni- 
 cipalit}^, for School Purposes. 
 
 Territory outside the city limits, but adjacent thereto, may be attached 
 to such city or town for school purposes, upon application to the board 
 of education of such city or town by a majority of the electors of such 
 adjacent territory, and upon such application being made to the board 
 of education they shall, if they deem it proper and to the best interests 
 of the school of said city or town and the territory seeking to be at- 
 tached, issue an order attaching such territory to such city or town for 
 school purposes and to enter the same upon their journal, and such 
 territory shall, from the date of such order be. and compose a part of 
 such city or town for school purposes only, and the taxable property of 
 such adjacent territory shall be subject to taxation, and shall bear its 
 full proportion of all expenses incurred in the erection of school build- 
 ings and in maintaining the schools of such city or town. Whenever the 
 territory so attached shall have attained a population equal to that of 
 any ward of such city or town, or whenever the taxable property of such 
 attached territory shall equal that of any one ward of such city or town, 
 such attached territory shall be entitled to elect two members of the 
 board of education, who shall be elected at the same time that other 
 members of the board are elected, by the qualified electors of such ter- 
 ritory, at an election to be held at such place as the board of education 
 may designate. (See Chap. 43, L. 1912.) 
 
 Sec. 1 564. — School Boards to he Bodies Corporate. 
 
 The public schools of each city organized in pursuance of this act 
 shall be a body corporate, and shall possess the usual powers of a cor- 
 poration for public purposes, by the name and style of the Board of 
 
 Education of the City, (or Town) of , of the Territory of New 
 
 Mexico, and in that name may sue or be sued, and be capable of con- 
 tracting and being contracted with, of holding and conveying such real 
 and personal estate as it may come mto possession of by will or other- 
 wise, or as is authorized to be purchased by the provisions of this act. 
 Sec. 1565. — School Property to he Conveyed to Local Board of 
 
 Education. 
 
 Any city or town is hereby authorized and required, upon request of 
 the board of education of such city or town, to convey to said board of 
 education all property within the limits of any such city or town hereto- 
 fore purchased by any such city or town for school purposes and now 
 
26 COMPILATION OF THE SCHOOL LAWS 
 
 held and used for such purposes, the title to which is vested in any such 
 city or town. 
 
 Sec, 1566. — Hotv Deed Shall be Executed. 
 
 All conveyances for the property mentioned in the preceding section 
 shall be signed by the mayor and attested by the clerk of said city or 
 town, and shall have the seal of the city or town affixed thereto, and be 
 acknowledged by the mayor of such city or town, in the same manner as 
 other conveyances of real estate. 
 
 Sec. 1 567. — Boards; How Elected. Incorporated Towns Not Sub- 
 divided Into Wards, to Elect Boards of Education. 
 
 At each annual city or town election, there shall be a board of edu- 
 cation, consisting of two members from each ward, elected by the quali- 
 fied voters thereof, one of whom shall be elected annually, and shall 
 hold his office for a term of two years, and until his successor is elected 
 and qualified: Provided, That no member of the board of education 
 shall be a member of the council or town trustees, nor shall any member 
 of the council or town trustees be a member of the board of education. 
 That all incorporated towns in the territory not laid off in wards shall 
 at the next municipal election elect a board of education, consisting of 
 three members, one of whom shall serve for the term of three years, one 
 for the term of two years, and one for the term of one year, and there- 
 after at each annual election there shall be elected one member of the 
 board, who shall serve for the term of three years. Each member of the 
 board of education shall be a qualified voter of the Territory of New 
 Mexico, and shall have resided in the district at least two years next 
 preceding the election, and shall be a taxpayer. (See Chap. 43, L. 
 1912.) 
 
 Sec. 1 568. — Vacancies; How Filled. 
 
 The board of education shall have power to fill any vacancy which 
 may occur in their body: Provided, That any vacancy occurring more 
 than ten days previous to the annual election and having an unexpired 
 term of one year, shall be filled at the first annual election thereafter, 
 and the ballots and returns of elections shall be designated as follows: 
 To fill unexpired term. 
 
 Sec. 1 569. — To Elect Officers, and Establish High School, When 
 
 Necessary. 
 
 The board of election shall have power to elect their own officers, 
 except the treasurer; to make their own rules and regulations, subject to 
 the provisions of this act; to organize and maintain a system of graded 
 schools; to establish a high school whenever in their opinion the educa- 
 tional interests of the city demand the same, and to exercise the sole 
 control over the schools and school property of the city or town. 
 
OF THE STATE OF NEW MEXICO 27 
 
 Sec. ] 570.— When Officers Shall he Elected. 
 
 The board of education at its regular meeting in May of each year, 
 shall organize by the election of a president and vice-president from 
 among its own members, each of whom shall serve for the term of one 
 year, or until their successors are elected and qualified; they shall also 
 elect a clerk, who shall hold his office during the pleasure of the board, 
 and who shall receive such compensation for his services as the board 
 may allow. (See Chap. 43, L. 1912.) 
 
 Sec. 1571. — Treasurer of Municipalities Ex-Officio Treasurer' of 
 Board of Education. 
 
 The tresurer of the city or town shall be ex-officio treasurer of the 
 board of education, and shall give such bond to the board of education 
 as the board may require, said bond to be approved by the board of 
 education and filed with its clerk. It shall be the duty of the treasurer 
 to deposit daily all money belonging to the board of education, in some 
 responsible bank, to be designated by the board of education, in the 
 name of such treasurer as such officer, which bank shall pay interest on 
 monthly average balances as may be agreed upon by such bank and 
 the board of education, and before making such deposit the board of 
 education shall take from such bank a good and sufficient bond in a 
 sum to be designated by the board of education, conditioned that such 
 deposit shall be paid on the check or draft of said treasurer. The treas- 
 urer shall attend all the meetings of the board when required to do so; 
 shall prepare and submit in writing a monthly report of the finances of 
 said board, and shall pay school moneys only upon a warrant signed by 
 the president, or in his absence, by the vice-president, and countersigned 
 by the clerk. The treasurer shall receive from the board of education 
 fifty dollars per annum for his services as treasurer, and no more. 
 Sec. 1572. — No Member of Board of Education to Receive Pa\). 
 
 No member of the board of education shall receive any pay or 
 emolument for his services. 
 
 Sec. 1 573. — Duties of President of Board of Education. 
 
 It shall be the duty of the president to preside at all meetings of the 
 board of education, to appoint all committees, whose appointment is not 
 otherwise provided for, and to sign all warrants ordered by the board 
 of education to be drawn upon the treasurer for school moneys. 
 
 Sec. 1574. — Duties of Vice-President of Board of Education. 
 It shall be the duty of the vice-president to perform all the duties of 
 the president, in case of his absence or disability. 
 
 Sec. 1575. — Duties of Clerk of Board of Education. 
 It shall be the duty of the clerk to be present at all meetings of the 
 
28 COMPILATION OF THE SCHOOL LAWS 
 
 board, to keep an accurate journal of its proceedings, to take charge of 
 its books and documents, to countersign all warrants for school moneys 
 drawn upon the treasurer by order of the board of education, and to 
 perform such other duties as the board of educatioij or its committees 
 may require. 
 
 Sec. \576.— Clerk Shall Give Bond. 
 Before entering upon the discharge of his duties, the clerk of the 
 board of education shall give bond in the sum of one thousand dollars, 
 with good and sufficient sureties, to be approved by the board, condi- 
 tioned upon the faithful performance of the duties of his office. 
 
 Sec. 1577. — When and Hon> Additional Tax May he Levied. 
 
 The board of education shall, on or before the first day of August 
 of each year, levy a tax for the support of the schools of the city or 
 town for the fiscal year next ensuing, not exceeding in any one year five 
 mills on the dollar, on all personal, mixed and real property within the 
 district which is taxable according to the laws of the Territory of New 
 Mexico for school purposes, which levy shall be approved by the city 
 council or town trustees, and when so approved the clerk of the board 
 shall certify to it to the county clerk, who is hereby authorized and 
 required to place the same on the tax roll of said county, to be collected 
 by the collector of the county as are other taxes, and paid over by him 
 to the treasurer of the board of education of whom he shall take a 
 receipt in duplicate, one of which he shall file in his office, and the 
 o'-^r he shall forthwith transmit to the clerk of the board of education. 
 This section shall not be construed to change alter, modify or amend 
 section one thousand five hundred and fifty-eight or any part of the act 
 of which it is an amendment, with reference to the amount to be raised 
 by taxation for school purposes; but the provisions of this section with 
 reference to taxation for schools under this section, and said law shall 
 be held and taken to be in addition to the provisions of the act above 
 referred to in this section. (See Chap. 5 1 , L. 1912.) 
 
 Sec. 1578. — Property Subject to Taxation. 
 
 The taxable property of the whole city or town, including the terri- 
 tory attached for school purposes, shall be subject to taxation. All taxes 
 collected for the benefit of the schools shall be paid in money, and shall 
 be placed in the hands of the treasurer, subject to the order of the 
 board of education. 
 Sec. 1579. — Regular and Special Meetings of Board of Education. 
 
 The regular meetings of the Board of Education shall be upon the 
 first Monday of each month, but special meetings may be held from 
 time to time, as circumstances may demand. 
 
OF THE STATE OF NEW MEXICO 29 
 
 Sec. 1 580. — Reports of Board of Education, Printing and Distribu- 
 tion of. . . 
 The board of education, at the close of each school year, or as soon 
 thereafter as practicable shall make an annual report of the progress, 
 prosperity and condition, financial as well as educational, of all the 
 schools under their charge; and said report, or such portion of it as the 
 board of education shall consider of advantage to the public shall be 
 printed either in a public newspaper of in. pamphlet form, and a copy 
 furnished the county and the territorial superintendent. 
 
 Sec. 1581. — Expenditures; Limitations. 
 No expenditure involving an amount greater than two hundred dol- 
 lars shall be made, except in accordance with the provisions of a written 
 contract, and no contract involving an expenditure of more than five 
 hundred dollars, for the purpose of erecting any public buildings or 
 making any improvements, shall be made except upon sealed proposals, 
 and to the lowest responsible bidder. 
 
 Sec. I 582. — Sectarian Doctrines Not to be Taught. 
 No sectarian doctrine shall be taught or inculcated in any of the 
 public schools of the city or town. 
 
 Sec. I 583. — School Property Exempt From Taxation. 
 All property held by the board of education for the use of public 
 schools shall be exempt from taxation, and shall not be taken in any 
 manner for any debt due from the city. 
 
 Sec. 1 584 — Election May be Ordered for Issuing Bonds. Terms of 
 
 Bonds. 
 Any city or incorporated town in this territory which shall, by the 
 action of its common council, trustees or school directors, have purchased 
 any ground and building or buildings, or may hereafter purchase any 
 ground and building or buildings, or has commenced or may hereafter 
 commence the erection of any building or buildings for school purposes, 
 or which shall have by its school directors, common council or trustees^ 
 contracted any debts for the erection of such building or buildings, or 
 the purchase of such ground and building or buildings, or such school 
 directors, trustees or common council shall not have the necessary means 
 with which to complete such building or buildings, or to pay for the 
 purchase of such ground and building or buildings, or pay such debt, 
 may on filing by the school directors, trustees or common council of said 
 city or town of a report under oath with the board of education of such 
 city or town, showing the estimated or actual cost of any such ground 
 and building or buildings, or the amount required to complete such 
 building or buildings, or purchase such ground and building or buildings, 
 
30 COMPILATION OF THE SCHOOL LAWS 
 
 or the amount of such debt, it shall be lawful for the board of educa- 
 tion to order an election for the issuing of bonds of said school district 
 in said city or town, to an amount to liquidate such proposed indebted- 
 ness. And the said boards of education are hereby authorized and em- 
 powered to issue such bonds in conformity with the requirements, and in 
 like manner that school bonds are issued. And the said boards of edu- 
 cation are authorized and empowered to issue bonds to raise funds for 
 the purchase of school site or sites ,or to erect a suitable building or 
 buildings thereon, or to fund any bonded indebtedness for school pur- 
 poses of such city or town: Provided, That no bonds shall be issued 
 until the question shall be submitted to the people and a majority of the 
 qualified electors who shall vote on the question, at an election called 
 for that purpose, shall have declared by their votes in favor of issuing 
 such bonds. The rate of interest on such bonds shall not exceed six 
 per cent, per annum, payable annually or semi-annually, at such place 
 as may be mentioned upon the face of said bonds, which bonds shall be 
 payable in no less than twenty, nor more than thirty years from their 
 date, and the board of education is hereby authorized and empowered 
 to sell such bonds at not less than par. 
 
 Sec. 1585. — Elections to Vote Bonds. Hotp Canceled. Returns. 
 It shall be the duty of the mayor of each city or town governed by 
 this act upon the request of the board of education, forthwith to call an 
 election, to be conducted in all respects as are the elections for city or 
 town officers in the same cities or towns, except that the returns shall be 
 made to the board of education for the purpose of taking the sense of 
 such district upon the question of issuing such bonds, naming in the 
 proclamation of such election the amount of bonds asked for, and the 
 purpose for which they are to be issued. 
 
 Sec. 1586. — Bonds; fcij Whom Executed, and What The^ Shall 
 
 Specif]). 
 The bonds, the issuance of which is provided for in the foregoing 
 section, shall be signed by the president, attested by the clerk, and 
 countersigned by the treasurer of the board of education; and said 
 bonds shall specify the rate of interest and the time when principal and 
 interest shall be paid, and each bond so issued shall be for a sum not 
 less than fifty dollars. 
 
 Sec. 1 587. — Tax Levy for Interest and Sinl^ing Fund. 
 The board of education at the time of its annual levy of taxes for 
 the support of schools, as hereinbefore provided, shall also levy a suffi- 
 cient amount to pay the interest as the same accrues on all bonds issued 
 under the provisions of this act, and also to create a sinking fund for 
 
OF THE STATE OF NEW MEXICO 31 
 
 the redemption of said bonds, which it shall levy and collect, in addition 
 to the rate per cent, authorized by the provisions aforesaid for school 
 purposes; and said amount of funds, when paid into the treasury, shall 
 be and remain a specific fund for said purpose only, and shall not be 
 appropriated in any other way except as hereinafter provided: Pro- 
 vided, There shall be no levy for sinking fund until ten years after the 
 issue of such bonds if they be for twenty years; and twenty years after 
 the issue if they be for thirty years and the levy in any one year shall 
 not exceed five mills on the dollar for such sinking fund, and the total 
 levy in any one year shall not exceed ten mills on the dollar for all pur- 
 poses: Provided, further. That the levy for interest on such bonds as 
 may be issued by such city or town shall not exceed in any one year an 
 amount required to pay the annual interest. (See Chap. 51, L. 1912.) 
 
 Sec. 1 588. — Coupons to be Promptly) Paid, and How Canceled. 
 Whenever the interest coupons of the bonds hereinbefore authorized 
 shall become due, they shall be promptly paid, on presentation, by the 
 treasurer, out of any money in his hands collected for that purpose, and 
 he shall endorse upon the face of such coupons in red mk the word. 
 Paid, and the date of payment, and sign the initials of his name. 
 
 Sec. 1 589. — School Funds and Property Pledged in Payment of 
 
 Interest. 
 
 The school fund and property of such city or town and territory at- 
 tached for school purposes, is hereby pledged to the payment of the 
 interest and principal of the bonds mentioned in this act, as the same 
 may become due. 
 
 Sec. 1 590. — Duty of Clerk to Register Bonds. 
 
 It shall be the duty of the clerk of the board of education to register, 
 in a book provided for that purpose, the bonds issued under this actr 
 and all warrants issued by the board, which said register shall show the 
 number, date, and amount of said bonds, and to whom made payable. 
 
 Sec. 1591. — Official Oaths and Filing of. 
 
 Each member of the board of education and officer provided for in 
 this act shall take and subscribe an oath or affirmation to support the 
 Constitution of the United States and the laws of New Mexico, and 
 faithfully perform the duties of his office. The oath and bond of the 
 clerk shall be filed with the treasurer, and all other oaths and bonds 
 shall be filed with the clerk. 
 
 Sec. 1 592. — Previous Transfers Legalized. 
 
 That all transfers of school district property heretofore made in any 
 school district in this territory are hereby declared valid and legal, and 
 
32 COMPILATION OF THE SCHOOL LAWS 
 
 hereafter school district property shall not be transferred by school 
 boards, except upon the petition of a majority of the qualified electors 
 of any school district desiring such transfer. 
 
 Sec. 1597. — Legalizing Transfer of School Property. 
 That all transfers of school district property heretofore made by any 
 school board in any school district in this territory are hereby . declared 
 valid and legal and all such transfers are hereby ratified and confirmed. 
 
 Sec. 1 600. — Board of Trustees to Transfer Certain Property to 
 
 School Districts. 
 When the corporate authorities of any town or the probate judge of 
 the county, for any county in this territory in which any town may be 
 situated, shall have entered at the proper land office the land or any 
 part of the land settled and occupied at the site of such town pursuant to 
 and by virtue of the provisions of the act of Congress, entitled. An Act 
 for the Relief of Citizens of Towns Upon Lands of the United States 
 Under Certain Circumstances passed May 23rd, 1844, and any amend- 
 ments that may be made thereto, or where such land may be entered by 
 the proper authorities under and by virtue of any special act of Con- 
 gress, and where the corporate authorities have failed, or hereafter fail, 
 to comply with the provisions of Chapter 3, Title 40, and any blocks, 
 lots, shares or parcels of said land remain unsold* the title to said unsold 
 blocks, lots, shares or parcels of land shall vest and be in the school 
 district in which said land is located, and it shall be the duty of the 
 board of trustees of such town to transfer, by proper deed of convey- 
 ance, said unsold blocks, lots, shares or parcels of land to the board of 
 education of such school district. 
 
 Sec. 1601. — Unsold Parcels of Land to be Deeded to the Board of 
 
 Education. 
 
 Within thirty (30) days after the passage of this act, the board of 
 trustees of any town, located as above and having unsold blocks, lots, 
 shares or parcels of land therein, shall deed the same to the board of 
 education of such school district, in case said unsold blocks, lots, shares, 
 and parcels of land have not been heretofore transferred to the said 
 board of education; and any transfer of such unsold blocks, lots, shares, 
 or parcels of land heretofore made by the board of trustees of any town 
 to the board of education of such school district are hereby declared 
 valid and legal, and all such transfers are hereby ratified and confirmed. 
 Sec. 1 602. — Boards of Appraisers to he Appointed. 
 
 The board of education of any such school district, after such unsold 
 blocks, lots, shares or parcels of land shall be conveyed as above pro- 
 vided, shall appoint by order or resolution a board of appraisers, to con- 
 
OF THE STATE OF NEW MEXICO 33 
 
 sist of three freeholders of any school district, who shall have no interest 
 in said unsold blocks, lots, shares or parcels of land or the improvements 
 thereon. Each of said apraisers shall take an oath to faithfully dis- 
 charge his duties as such appraiser and shall file such oath in the office 
 of the clerk of said board of education before commencing his duties as- 
 such appraiser. In case such appraiser should fail or neglect to make 
 the appraisement hereinafter specified and file the same with the clerk 
 of such board of education within ten days after their appointment, then 
 said board may appoint a new board of appraisers for the purpose herein 
 provided. 
 
 Sec. I 603. — Dut\) of Appraisers. 
 Said appraisers shall appraise all such blocks, lots, shares, and par- 
 cels of land thus conveyed to such board of education, at their just and 
 full cash value, and file their written appraisement as aforesaid. Said 
 appraisement shall contain a description of each lot or parcel of land so 
 appraised and a statement of the cash value of each lot and parcel of 
 land so appraised. Said appraisers shall make a separate statement of 
 the value of such lots and parcels of land without improvements and the 
 aggregate value of both; there shall be attached to such appraisement a 
 written affidavit of the said appraisers, verifying each statement of such 
 appraisement and alleging that each of said lots or parcels of land is 
 appraised at its just and full value. 
 
 Sec. 1 604. — Lots Ma^ be Sold at Not Less Than Appraised Value. 
 Any or all of said lots may be sold at any time by such board of 
 education either at public vendue to the highest bidder for cash, or at 
 private sale for cash, in the discretion of the board of education: Pro- 
 vided, That no block, lot, share or parcel of land shall be sold for less 
 than the appraised value thereof. 
 
 Sec. 1 605. — Procedure in Respect to Sale of Lots. 
 
 When any said blocks, lots, shares, or parcels of land are to be sold 
 at public vendue, the president of the board of education shall give 
 notice, signed in his official capacity, of the time and place of sale of 
 blocks, lots, shares or parcels of land to be sold, by advertisement, pub- 
 lished in the county where such school district is situated, or if no ♦news- 
 paper is published in said county, then in the newspaper published near- 
 est said school district. Such public sale shall be advertised to be made 
 at some public place in said town, and to be sold at some specified time 
 between the hours of sunrise and sunset. 
 
 Sec. 1 606.— How Offered for Sale. 
 
 Such lots or parcels of land shall be offered for sale singly, unless a 
 greater price can be obtained by selling several lots or parcels of land 
 
34 COMPILATION OF THE SCHOOL LAWS 
 
 together, in which case several lots or parcels of land can be sold to- 
 gether. Such public sale may be continued, if necessary, from day to 
 day, for a period not to exceed three days at any one sale. 
 
 Sec. 1607. — Nen> Appraisements. 
 A new appraisement of lots or parcels of land to be sold shall be 
 made in case no appraisement thereof has been made for three months 
 next preceding the date of such sale. Said new appraisement shall be 
 made, either by the old board of appraisers, or a new board of apprais- 
 ers, to be appointed in the same manner and with the same quahfications 
 as the first board of appraisers. New boards of appraisers may be ap- 
 pointed whenever necessary to have any of said blocks, lots, shares or 
 parcels of land appraised for sale. 
 
 Sec. 1608. — Mone^; How Applied. 
 
 The moneys arising from the sale of said blocks, lots, shares and 
 parcels of land, after defraying the expense of such sales, shall be paid 
 into the treasury of such school district and applied to the support and 
 maintenance of free, non-sectarian public schools, within the limits of 
 any such school district, or used and expended by said school district, 
 or used and expended by said school district in the erection of school 
 buildings for the use of the public schools of said district and for fur- 
 nishing such buildings, and for no other purpose. 
 
 Sec. 1906. — Persons Having Improved, May Purchase. 
 In all cases when prior to the taking effect of this act any person may 
 have entered thereon and improved any lots belonging 'to such school 
 district, such person, after the report of such board of appraisers, may 
 purchase any of such lots from the said board of education for cash at 
 the appraised value of said lots, exclusive of improvements. 
 
 Sec. 1610. — Purchaser Shall Pay Certain Expenses. 
 
 All persons purchasing any lots or parcels of land as above provided 
 shall pay for the drawing, execution and acknowledgment of the deed 
 of conveyance, together with fifty cents to the clerk of such board of 
 educaJtion, for attestation with seal of said board of education, by the 
 clerk of said board. 
 
 Sec. 1611. — Deeds, How Executed. 
 All conveyances of lots or parcels of land mentioned in this act shall 
 be signed by the president of the board of education and attested by the 
 clerk of said board, and shall have the seal of said board of education 
 affixed thereto, and be acknowledged by the president of the board of 
 education in the same manner as other conveyances of real estate. 
 
OF THE STATE OF NEW MEXICO 35 
 
 Sec. 1617. — Orphans' Home and Industrial School. Horv Consti- 
 tuted; Legal Designation. 
 
 From and after the passage of this act the Asylum of the Sisters of 
 Charity of Santa Fe shall be constituted an orphans' home and industrial 
 school for the care, support and education of the orphan and indigent 
 children of the Territory of New Mexico, and to be known and legally 
 designated as the Orphans' Home and Industrial School of the Terri- 
 tory of New Mexico. 
 
 Sec. 1618. — Board of Supervisors; Hon? Constituted; Duties. 
 
 The governor of the Territory of New Mexico, his grace, the Most 
 Reverend Archbishop of Santa Fe, and Hon. Mariano S. Otero, of 
 Bernalillo, are hereby declared a board of supervisors for the said Or- 
 phans' Home and Industrial School, and qualified to act as such by 
 virtue of this act, and who shall serve as such board of supervisors for 
 the term of two years, and until their successors shall be appointed^by the 
 legislature; but in case of a change meanwhile in the office of governor, 
 the governor succeeding shall immediately become a member of such 
 board, and in case of the death, resignation, absence, removal or in- 
 abihty to act of any one member of said board, the remaining two shall 
 constitute a full board until the appointment of a new member or tht 
 re-appearance and re-qualification of the third member, as the case may 
 be. It shall be the duty of said board of supervisors to receive and ap- 
 prove all applications for admission to said Orphans' Home and Indus- 
 trial School, to pass upon, examine and audit all accounts for the proper 
 carrying on of said institution, and issue vouchers therefor, to visit the 
 said institution from time to time, and faithfully look after the moral 
 and intellectual progress of its inmates. 
 
 Sec. 1619. — Control; Horv Provided For. 
 
 The said Orphans' Home and Industrial School shall be under the 
 care, charge, control, and custody of the Sisters of Charity of Santa Fe, 
 subject to the general supervision of the board of supervisors hereby 
 created, and to all orders issued by said board. 
 
 Sec. 1620. — Children; How Provided For. 
 
 The said Sisters of Charity, under whose care, custody and control 
 said orphan and indigent children of the territory are hereby placed, are 
 to board, clothe and instruct said children in the common school 
 branches, and shall receive as compensation therefor the sum of ten dol- 
 lars per month for each of said children so boarded, clothed, instructed 
 and cared for. 
 
 Sec. 1 62 1 . — Expenses; How Paid. 
 
 The costs, charges and expenses which shall be incurred by the said 
 
36 COMPILATION OF THE SCHOOL LAWS 
 
 board of supervisors hereby created, from time to time, shall be met and 
 defrayed out of the territorial treasury upon the written order of said 
 board, signed by a majority of its members. 
 
 Sec. 1622. — Orphan Children to be Placed in Families. Expendi- 
 tures Limited; Proviso. 
 
 It shall be the duty of the probate judges in the several counties to 
 place all orphan and indigent children with some good and responsible 
 person, who will agree to care for, educate and teach them to work for 
 a certain number of years, to be agreed upon, and it shall be the duty of 
 said Sisters of Charity to use their best endeavors in like manner to place 
 such children in families for the same purpose: Provided, hoivever. 
 That no more than five thousand dollars shall be expended in any one 
 year of twelve months for the purposes of this act: Provided, Ten 
 children may be kept at Bernalillo, but under the direction of the Sisters 
 at Santa Fe. 
 
 Sec. 1625a. — Second Friday of March in Each Year Set Apart as 
 Arbor Da}). Da}) Designated to be Holiday in All Public Schools. 
 Governor to Issue Proclamation. 
 
 The second Friday in March of each year shall be set apart and 
 known as Arbor Day, to be observed by the people of this territory in 
 the planting of forest trees for the benefit and adornment of public and 
 private grounds, places and ways, and in such other efforts and under- 
 takings as shall be in harmony with the general character of the day so 
 established: Provided, That the actual planting of trees may be done 
 on the day designated or at suich other most convenient time as may best 
 conform to local climatic conditions, such other time to be designated 
 and due notice thereof given by the several county superintendents of 
 schools for their respective counties. 
 
 The day as above designated shall be a holiday in all public schools 
 of the territory, and school officers and teachers are required to have 
 the schools under their respective charge observe the day by planting of 
 trees or other appropriate exercises. 
 
 Annually, at the proper season, the governor shall issue a proclamation, 
 calling attention of the people to the provisions of this act, and recom- 
 mending and enjoining its due observance. The respective county su- 
 perintendents of schools shall also promote by all proper means the ob- 
 servance of the day, and the said county superintendents of schools shall 
 make annual reports to the governor of the territory of the action taken 
 in this behalf in their respective counties. 
 
OF THE STATE OF NEW MEXICO 37 
 
 Sec. 1 763. — Persons Serving Five Years as Firemen in Territory) En- 
 titled to Certificate of Exemption From Certain Taxes and Military 
 Duties. 
 
 Any person who has served five years as a fireman in this territory as 
 aforesaid, and who shall present to the clerk of the county in which he 
 resides, the certificate or certificates of the president, foreman or captain 
 of the company or companies to which he may have belonged, counter- 
 signed by the secretary of the same, shall have the said certificate or 
 certificates recorded by said county clerk in a book which he shall keep 
 for that purpose, and it shall be the duty of said probate or county clerk 
 to return said certificate or certificates, together with his own under seal, 
 to the person entitled thereto, setting forth the name of the company or 
 companies of which said person was a member and the length of time 
 he had served as such, for which the said clerk shall be entitled to a 
 fee of one dollar, to be paid by the person obtaining the certificate. 
 Such certificate shall be received in all courts 'and places as prima facie 
 evidence that said person is entitled to the exemption herein provided. 
 
 Sec. 1 764. — Fire Company Officials Illegally Issuing Such Certifi- 
 cates Liable to Fine of $50 to $500, Which Shall Co to School 
 District Fund. 
 
 If the president, foreman or captain of any such fire company, shall 
 knowingly grant or issue any illegal certificate under the provisions of 
 this act, he shall be deemed guilty of a misdemeanor and subject to a 
 penalty in amount not less than fifty, nor more than five hundred dollars 
 ^or each offense, to be collected before any court having competent juris- 
 diction, and when collected, to be paid into the treasury of the public 
 school district where the offense was committed. 
 
 (See Sections 1765-1766.) 
 
 Sec. 191 1. — Committee of Habitual Drunkard or Lunatic to Apply 
 
 Estate to Maintenance of Charge and Education of Mmor Children. 
 
 (District judge may issue a commission to inquire into the lunacy or 
 
 habitual drunkenness of territorial residents or holder^ of real estate 
 
 in the territory.) 
 
 The committee of said person found to be a lunatic or habitual drunk- 
 ard, shall have the management and control of his person and estate, 
 and shall from time to time apply so much thereof as may be necessary 
 for support and maintenance of himself and family, and for the educa- 
 tion of his minor children. 
 
Extracts from the Laws of 1899 
 
 CHAPTER XLVI. 
 
 Sec. I . — Upon Petition, County School Superintendent to Submit the 
 
 Question of Issuing Bonds to a Vote. 
 
 That the county superintendent of schools for each county in this 
 territory shall have power in cases where any school district in his county 
 does not own a school house, upon a petition signed by twenty residents 
 of such school district, being each the head of a family and having child- 
 ren of school age in the family, to order the school directors of such 
 school district to submit the question of issuing bonds of such district 
 for the purpose of building a school house as provided for in Section 
 1542 of the Compiled Laws of 1897 to the voters of such school dis- 
 trict, and for failure or refusal so to do, such superintendent shall re- 
 move any or all of such directors from office and appoint others of his 
 own choosing in their place. 
 Sec. 2. — Failing to Vote Bonds, County Superintendent Shall Order 
 
 a Portion of the School Fund as School House Building Fund. 
 
 In cases where the question of issuing such bonds has been or shall 
 be submitted to the voters of such school district, and shall fail to carry, 
 then such county superintendent of schools shall in writing order the 
 county treasurer to set aside such portion of the school fund of such 
 district, not less than one-fifth thereof, yearly, for the purpose of even- 
 tually building a school house for such district, and such fund shall be 
 kept for such purpose only, and such superintendent shall when in his 
 opinion such fund is sufficiently large for the purpose, order the school 
 directors of such district to build such school house, he to approve the 
 contract therefor. 
 Sec. 3. — An}^ Person Failing to Perform Duties Required, Guilty of 
 
 Misdemeanor. Penalty. Superintendent of Public Instruction to 
 
 Enforce This Act. 
 
 Any person faihng to perform the duties required of them by this act 
 shall be guilty of a misdemeanor, and on conviction thereof shall be 
 punished by a fine of not less than one hundred dollars, or more than 
 five hundred dollars; and it is hereby made the duty of the territorial 
 superintendent of education or of public instruction to see that this act is 
 strictly enforced, and to make all proper complaints for violation thereof ; 
 and it is further made the duty of all district attorneys to vigorously 
 prosecute the same. 
 
Extracts from the Laws of 1901 
 
 CHAPTER III. 
 
 Sec. 1 . — Unlawful to Sell or Give Intoxicating Liquors or Tobacco to 
 Minors or Pupils in Educational Institutions. 
 
 That it shall be unlawful for any person to sell or give to any minor 
 under the age of eighteen years, or to any pupil of any school or edu- 
 cational institution within this territory any intoxicating liquor or any 
 cigars, cigarettes, or tobacco in any form, except upon the written con- 
 sent of the parent or guardian of such minor or pupil. 
 
 Sec. 2. — Minors and Pupils Not Permitted to Engage in Games of 
 An^ Kind in Establishments Where Intoxicating Liquors or Tobacco 
 Are Offered for Sale. 
 
 It shall be unlawful for any merchant, apothecary, saloonkeeper, or 
 the proprietor or manager of any other establishment in which mtoxicat- 
 ing liquors or tobacco in any form are kept or offered for sale to permit 
 any minor under the age of eighteen years or pupil in any school or edu- 
 cational institution to engage in any play, or game of chance with cards, 
 dice, wheels, or by th^ manipulation of any machine or device by means 
 of which money or any commodity or property may be hazarded, won 
 or lost, acquired or transferred. 
 
 Sec. 3. — Minors and Pupils Not to Loiter About Nor Frequent Sa- 
 loons Nor Gambling Places. 
 
 It shall be unlawful for any proprietor, keeper or manager of any 
 saloon where intoxicating liquor is kept or offered for sale, or where 
 gambling in any form is carried on or permitted, to permit any minor 
 under the age of twenty-one years or any pupil in any school or educa- 
 tional institution to loiter upon or frequent the premises belonging to such 
 saloon, or to engage in games or amusements of any kind thereon. 
 
 Sec. 4. — Printed Cop}) of Laws to be Kept Posted. 
 
 Every person maintaining an establishment where intoxicating liquor 
 or tobacco in any form are kept or offered for sale is required to keep 
 posted in a conspicuous place within his place of business a printed copy 
 of this law, and it shall be unlawful for any person to carry on his busi- 
 ness without having such copy at all times ptosted as aforesaid. 
 
40 COMPILATION OF THE SCHOOL LAWS 
 
 Sec. 5. — Penalt]) for Violation of Act. 
 
 (As amended. Laws 1903.) Any person violating the provisions 
 of the foregoing sections of this act, or any of them, shall upon convic- 
 tion be punished for each offense by a fine not less than twenty-five nor 
 more than one hundred dollars, or by imprisonment not less than thirty 
 days nor more than three months, or both, at the discretion of the court 
 trying the cause; and the moneys accruing from such fines shall be cov- 
 ered into the general school fund of the county in which the offense 
 occurs. And it is hereby made the duty of the county superintendent 
 of schools to prosecute before justices of the peace all persons, firms or 
 corporations violating Section 4 of this Act. 
 
 Sec. 6. — Penalt-^ for Violation of This Act. 
 
 Any person who shall have been convicted of violating the fourth 
 section of this act, or who shall have been twice convicted of violating 
 any other section of this act, shall, in addition to the penalties otherwise 
 in this act prescribed, forfeit his license and right to do business of the 
 nature hereinbefore mentioned within the county in which the offense 
 was committed for the period of one year, and the doing of such busi- 
 ness by such person within such county during said period after such 
 conviction shall be punishable as prescribed in section five of this act. 
 
 Sec. 7. — The word "person," as used in this act, shall be deemed 
 to mean firm or corporation, as well as natural person, and the person 
 managing the business of such firm or corporation shall be liable to the 
 penalties prescribed by this act. And the proprietor or owner of any of 
 the establishments mentioned in this act shall be liable to the penalties 
 prescribed by this act for any violation of its provisions within or at their 
 establishments, whether committed by themselves or by persons in their 
 employ. 
 
 CHAPTER XVII. 
 
 Sec. 26. — School Superintendents to Enforce Vaccination; Penalty for 
 Refusal of Parents. 
 It shall be the duty of the school superintendent of each county to see 
 that all children in his county, of school age, are vaccinated againbt 
 smallpox, and to that end every teacher of a public school shall see that 
 the children in his district are successfully vaccinated or have been vac- 
 cinated within one year previous, and it shall be unlawful for any child 
 to attend school, or for any teacher to allow such child within any 
 school house unless so vaccinated, or showing proper certificate that it 
 has been vaccinated; such teacher shall make report of the number of 
 children whom they have caused to be vaccinated, and those who have 
 
OF THE STATE OF NEW MEXICO 41 
 
 presented certificates that they have been vaccinated to the county school 
 superintendent at the beginning of the school year and as often thereafter 
 as they may deem necessary, together with the report of the names of 
 any parents who refuse to allow their children to be vaccinated, and 
 any person who shall so refuse or neglect to have his or her children 
 vaccinated in accordance with the law, shall be deemed guilty of a mis- 
 demeanor and upon a report to that effect by the county superintendent, 
 it shall be the duty of the sheriff or any constable whom he may desig- 
 nate, to arrest such person, and upon being convicted he shall be fined 
 not less than ten dollars nor more than one hundred dollars, or im- 
 prisoned in the county jail not exceeding one hundred days, and the fine 
 so imposed shall go to and be a part of the school fund of the district 
 in which said offender lives. These provisions shall apply to children 
 and parents in incorporated cities and towns, and the duties heretofore 
 imposed upon county school superintendents are hereby made applicable 
 to beards of education therein. 
 
 Sec. 27. — Providing for the Payment of Vaccination. 
 
 The vaccination provided for in the previous section shall be by the 
 health officer, appointed by the board of county commissioners or by 
 some competent person selected by the school directors of the district or 
 the board of education in the city or town, and shall be paid for by the 
 parents of such children where they are able to do so, but in case of 
 their inability by reason of poverty, the same shall be paid for by the 
 beard of education or school directors of the several districts, out of the 
 school fund. 
 
 CHAPTER XXVII. 
 
 Sec. 3. — Special Teachers' Institutes May he Held. 
 
 In addition to the privileges, powers and duties of boards of educa- 
 tion heretofore prescribed by law, the power is hereby granted to boards 
 of education for districts consisting of incorporated cities to 
 employ a city or district superintendent, who in conjunction with the 
 board of education, shall be authorized to hold special teachers' insti- 
 tutes for the instruction of teachers. 
 
 CHAPTER XXIX. 
 
 Sec. 6. — Sheriffs to Colled Liquor and Gaming Licenses; Distribution 
 
 of by Treasurer. 
 
 The sheriffs of the several counties shall hereafter be the collectors of 
 all liquors and gaming licenses, and shall be entitled to retain out of 
 
42 COMPILATION OF THE SCHOOL LAWS 
 
 the proceeds of such Hcenses so collected as compensation for .their ser- 
 vices a commission of four per cent. Such licenses shall be made and 
 issued as now provided by law and delivered to the sheriff for collection 
 who shall receipt for same and immediately proceed to enforce collection 
 thereon. It shall be the duty of the sheriff to turn over all money or 
 moneys so collected on or before the tenth day of each month for col- 
 lections made during the preceding month, to the county treasurer, who 
 shall immediately distribute the same two-thirds (^) thereof to the 
 credit of the school district wherein such license was paid, and one-third 
 (i/^) thereof to the credit of the general school fund of the county and 
 shall issue receipts for such money or moneys so received in triplicate, 
 the original receipt to be delivered to the sheriff turning in the money, the 
 duplicate receipt to be filed with the county clerk and the triplicate re- 
 ceipt to be retained in the office of the county treasurer. The said 
 sheriffs are further required to file an itemized monthly report of all col- 
 lections made under the provisions of this act, said report shall set forth 
 the amount received or collected, the name of the person or persons from 
 whom collected, the amount of commission retained, shall be made and 
 filed on or before the tenth day of each month, and shall be made in 
 triplicate, the original report to be filed with the county treasurer, the 
 duplicate report to be filed with the county clerk, and the triplicate re- 
 port shall be retained in the office of the sheriff. 
 
 CHAPTER XLIII. 
 
 as 
 
 Sec. 1 . — Persons Afflicted with Tuberculosis Not to Be Emploved 
 
 Teachers. 
 
 No person shall be employed as a school teacher, instructor or pro- 
 fessor in any public school or other educational institutions in the Ter- 
 ritory of New Mexico supported in whole or, in part by revenues de- 
 rived from taxes paid into the public treasury by the taxpayers of this 
 territory who shall be afflicted with the disease called tuberculosis, com- 
 monly known as consumption, in a transmissible form. 
 
 Sec. 2-3. — Certification of Good Health Required. 
 Before any person shall be employed as a school teacher, instructor 
 or professor in any public school or other educational institution of this 
 territory he shall file with the governing authorities of the school district, 
 board of education, board of regents, or other governing educational 
 body of any university or college, a certificate from a regular physician, 
 who shall be named by the president of the territorial board of health, 
 that the said person is not at the time of the examination to be made by 
 
OF THE STATE OF NEW MEXICO 43 
 
 said physician afflicted with the said diseases called tuberculosis, com- 
 monly known as consumption as hereinbefore defined. 
 
 Sec. 3. Any and all persons now employed as school teachers, in- 
 structors or professors in any public school or other educational institu- 
 tion in this territory shall, within thirty days from and after the passage 
 and approval of this act, obtain and present to the governing authorities 
 of the school district, board of education, board of regents or other gov- 
 erning educational body of any university or college, in which such per- 
 son shall be employed, a certificate from a regular physician to be named 
 by the president of the territorial board of health that the said person is 
 not at the time of the examination, to be made within said thirty days by 
 said physician, afflicted with the said disease called tuberculosis, com- 
 monly known as consumption, as hereinbefore defined, and any such 
 person failing to obtain and file the said certificate as herein provided 
 within the time herein specified shall be forthwith discharged as such 
 school teacher, instructor or professor by the authorities provided by law 
 for the employment and release and discharge of persons employed as 
 school teachers, instructors or professors in the public schools or other 
 educational institutions of this territory. 
 
 Sec. 4. — Fee for Certificate. 
 
 For the making of the examination provided for in this act and for 
 the making of the certificate hereby provided for, the physician making 
 the same shall charge a fee of two dollars and no more. 
 
 Sec. 5. — Complaint Ma^ be Filed. Teachers Ma}^ be Discharged. 
 
 If at any time there shall be lodged with the governing authorities of 
 any school district, board of education, board of regents or other gov- 
 erning educational body, a complaint signed by any taxpayer of this 
 territory, setting forth that in his opinion any school teacher, instructor 
 or professor is afflicted with the disease known as tuberculosis, com- 
 monly called consumption, as hereinbefore defined, such governing 
 authorities, board of education, board of regents or other educational 
 body shall forthwith require such persons so claimed to be afflicted with 
 tuberculosis to submit to an examination by a physician to be named by 
 the president of the territorial board of health, and unless such person 
 shall within ten days thereafter file with the school authorities a certifi- 
 cate from such physician that he is not afflicted with the disease com- 
 monly known as tuberculosis or consumption, such person shall be forth- 
 with discharged from employment as such teacher, instructor or profes- 
 sor, and no warrant or order for any salary or wages to any such person 
 shall be paid by any school or other treasurer until such certificate shall 
 have been obtained and filed as provided for in this section. 
 
44 COMPILATION OF THE SCHOOL LAWS 
 
 Sec. 6. — Penalty^ for Failure of Officials to Discharge Their Duties. 
 Any person holding any office, administrative or otherwise, connected 
 with the pubHc schools or educational institutions of this territory or any 
 county, city or other municipality thereof, who shall refuse to perform 
 or neglect to perform the duties prescribed for him by the provisions of 
 this act shall, upon complaint duly filed with the governor of this terri- 
 tory and duly substantiated to the satisfaction of said governor, be forth- 
 with removed from office by the governor. 
 
 CHAPTER LV. 
 
 Sec. I . — Term of Office of Directors, 
 
 That the next ensuing election of directors of schools in the several 
 districts of the counties of this territory one of the three of such directors 
 shall be elected and shall hold his office for a term of three years, one 
 of such three directors shall be elected and shall hold his office for a 
 term of two years, and the third of such directors shall be elected and 
 hold his office 'for a term of one year. 
 
 Sec. 2. — (As Amended.) But One Director to be Voted For. 
 
 At each election after the next ensuing election of such di-rectors, but 
 one of such directors shall be voted for, except in case of election to fill 
 vacancy for unexpired term, and he shall be elected to fill the vacancy 
 for a term of three years from the first day of May thereafter: Pro- 
 vided, however. That the term of office of a school director elected for 
 1907 under the provisions of these amended acts, shall begin on the first 
 Monday in July, 1907, and end on the first Monday in May, 1908. 
 
 CHAPTER LVII. 
 
 Sec. 1 . — ^School Teachers to be Paid Monthly. 
 
 That hereafter all public school teachers engaged in teaching within 
 incorporated cities, towns and villages, as well as in any other public 
 schools in the Territory of New Mexico shall be paid monthly instead of 
 quarterly, as now provided by law, unless there are no funds available, 
 in which event they shall be paid as soon as the funds are available. 
 
 CHAPTER LXXXIV. 
 
 Section 1 . That every person who shall set up or keep a brothel, 
 bawdy house, house of assignation or prositution, in any town, city or 
 village in the Territory of New Mexico, within seven hundred feet of 
 any school house, college, seminary or other institution of learning, or 
 
OF THE STATE OF NEW MEXICO 45 
 
 any church, cpera house, theater, hall of any benevolent or fraternal 
 society, or other place of pubHc assemblage, shall on conviction thereof 
 be adjudged guilty of a misdemeanor and shall be punished by a fine of 
 not exceeding one hundred dollars ($100), or by imprisonment in the 
 county jail for a period not exceeding sixty (60) days, or by both such 
 fine or imprisonment; and outside of seven hundred feet limits the city 
 council and board of trustees of the different municipalities, whether in- 
 corporated under general or special laws, shall prohibit and suppress, or 
 shall .regulate, restrain and place under municipal supervision, lewd 
 women, prostitutes, brothels, bawdy houses and houses of assignation or 
 prostitution, whether they live or practice acts of lewdness or prostitution 
 within the limits of the municipality or within one mile thereof. (See; 
 also Sections 2-8 of this Chapter.) 
 
Extracts from the Laws of 1903 
 
 CHAPTER XXXVII. 
 
 Sec. 1 . — Directors Ma^ Use Surplus in General School Fund to Con- 
 struct School Buildings. 
 
 That whenever a petition signed by one-half of the legal voters of such 
 the county treasury to the credit of any school district in the territory, 
 outside of incorporated tow^ns and cities, to the amount of not less than 
 two hundred dollars ($200.00) after all the expenses of maintaining 
 the schools in said district for teachers' salary, rent and other expenses 
 connected therewith, the said surplus or any part thereof may be with- 
 drawn by the directors of said school district and applied by them to the 
 procuring of a suitable site and the erection thereon of proper school 
 buildings, or for the repairing of any school building or buildings for the 
 use of such school district in the manner followmg. 
 
 Sec. 2. — Surplus Fund. Available When. Duties of County Super- 
 intendents, County Treasurer, and School Directors. 
 
 That whenever a petition signed by one-half of the legal voters of such 
 school district described in Section 1 of this act, as shown by the num- 
 ber of votes cast in said district or precinct at the last general election, 
 shall be presented to the county school superintendent, praying that such 
 surplus money described in Section 1 of this act may be turned over to 
 the school directors of such school districts for the purpose of procuring 
 a site and erecting school building or buildings thereon, then it shall be 
 the duty of said county school superintendent within ten days after the 
 receipt of said petition, to forward the same to the county treasurer, 
 who shall file the said petition and safely keep the same among the rec- 
 ords and archives of his office, and it shall be the duly of said county 
 treasurer to at once notify the school directors of such school district of 
 the amount of money then en hand, subject to be withdrawn for the 
 purposes named; and thereafter the said treasurer shall honor and pay 
 all warrants drawn by such school directors against such surplus fund for 
 the purchase of site and erection of school houses thereon, when the 
 same are accompanied by itemized and verified accounts and vouchers 
 until the said surplus is exhausted, and it shall be the duty of the school 
 directors to open proper books of account with the said fund, and enter 
 therein all receipts and disbursements on account of such fund; and it 
 
OF THE STATE OF NEW MEXICO 47 
 
 shall be their further duty to take from persons to whom money may be 
 due on account, itemized and verified bills in duplicate, one of which 
 shall be retained by said board of directors, and the other shall be 
 transmitted with the warrant drawn in payment thereof to the county 
 treasurer of the county in which said district is located. And the said 
 school directors shall in no event and under no pretext contract for or 
 incur obligations on such account beyond the amount of money available 
 in the county treasury for such purposes, nor shall they under any cir- 
 cumstances incur any debt in the erection of such school house, or houses, 
 or improvement or repair thereof except as provided in Section I 542 
 and 1543 of the Compiled Laws of 1897. 
 
 Sec. 3. — Proviso, When Surplus Not Sufficient to Complete Buildings. 
 
 In case there shall not be sufficient surplus moneys on hand to pur- 
 chase a site and complete the building or buildings contemplated by the 
 school directors under this act they are hereby authorized to procure the 
 site for school purposes and to commence the erection of such building 
 or buildings as they may deem necessary and proper for the purposes 
 herein named, and shall carry on the construction thereof, so far as the 
 moneys on hand for that purpose will permit, as hereinbefore provided, 
 and in case the term of office of any such school directors or any mem- 
 ber thereof shall expire, before the said buildings are completed, it shall 
 be the duty of their successor or successors to proceed with the work in 
 the manner herein provided until such work is completed. 
 
 Sec. 4. — Insurance of School Buildings. 
 
 The board of directors of any school district is empowered to ex- 
 pend, from the funds in the treasury of said school district, any moneys 
 necessary to properly insure any school building or buildings in such 
 school district. 
 
 Sec. 5. — Failure of Officers to Carr]) Out the Provisions of This Act. 
 
 Penalty. 
 
 Any failure of any of the officers mentioned in this act to carry out 
 its provisions in the letter and the spirit of this act, shall subject such 
 officers to removal and to forfeiture of their official bond for the benefit 
 of such school district so injured thereby, and any school director so of- 
 fending shall be disqualified to become his own successor in office either 
 by election or by appointment for a period of one year from date of 
 such removal. 
 
48 COMPILATION OF THE SCHOOL LAWS 
 
 CHAPTER XCII. 
 
 Sec. 1. — Applicants for Teachers' Certificates Found to be Afflicted 
 
 with Tuberculosis. 
 
 That whenever in this act the phrase or expression "physician ap- 
 pointed by the president of the New Mexico "Board of Health" occurs, 
 the same is hereby stricken out and the following inserted in lieu thereof: 
 "Any reputable physician, who is a resident of New Mexico and who 
 is not himself afflicted with the disease." 
 
 Whenever such physician shall find the applicant to be afflicted with 
 tuberculosis, or what is commonly known as consumption, it shall be his 
 duty to at once notify the superintendent of public instruction of New 
 Mexico, giving the name, age and sex of applicant, together with the 
 date of examination, and a general statement of the case. Whereupon 
 it shall be the duty of said superintendent to at once notify the school 
 superintendents of each county in New Mexico of the information he 
 has received. And in case any applicant so examined shall feel ag- 
 grieved he may take appeal to the New Mexico board of health and 
 present himself for examination, and it shall be the duty of said board 
 of health to thoroughly examine such person, and the result and decision 
 of said board shall be final, and such decision shall be certified by it to 
 the superintendent of public instruction of New Mexico, who shall 
 thereupon notify the different school superintendents of each county. 
 Sec. 2. — Right of Appeal to Board of Health Only. 
 
 No person who has been examined by a physician under this act or of 
 the act of which it is amendatory, and has been rejected by such physi- 
 cian shall apply to any other physician for examination or certificate, 
 but he shall have right of appeal to the board of health of New Mexico. 
 and if any person shall apply to any other physician in violation of this 
 act, he shall be deemed guilty of a misdemeanor, and upon conviction 
 shall be fined in any sum not to exceed one hundred dollars ($100.00) 
 and shall not be eligible as a school teacher in any county in New 
 Mexico. The fine hereby imposed shall be collected and paid over to 
 the territorial school fund. 
 
 CHAPTER Cin. 
 Sec. 29.- — Smallpox. 
 It shall be the duty of the school superintendent of each county to 
 see that all children in his county, of school ag^. are vaccinated against 
 smallpox, and to that end each teacher of a public school shall see that 
 the children in his district are successfully vaccinated or have been vac- 
 cinated within one year previous, and it shall be unlawful for any child 
 
OF THE STATE OF NEW MEXICO 49 
 
 to attend school, or for any teacher to allow such child within any 
 school house unless so vaccinated, or showing proper certificate that it has 
 been vaccinated; such teacher shall make report of the number of child- 
 ren whom they have caused to be vaccinated and those who have pre- 
 sented certificates that they have been vaccinated, to the county school 
 superintendent at the beginning of the school year and as often there- 
 after ts they may deem necessary, together with the report of the names 
 of any parents who refuse to allow their children to be vaccinated, and 
 any person who shall so refuse or neglect to have his or her children 
 vaccinated in accordance with the law shall be deemed guilty of a mis- 
 demeanor, and upon a report to that effect by the county superintendent, 
 it shall be the duty of the sheriff or any constable whom he may desig- 
 nate, to arrest such person, and upon being convicted, he shall be fined 
 not less than ten dollars ($10.00) nor more than one hundred dollars 
 ($100.00), or be imprisoned in the county jail, not exceeding one 
 hundred days, and the fine so imposed shall go to and be a part of the 
 school fund of the district in which such offender lives. These pro- 
 visions shall apply to children and parents in incorporated cities and 
 towns, and the duties heretofore imposed upon county school superintend- 
 ents are hereby made applicable to boards of education therein. 
 
 Sec. 30. — County Health Officer to Vaccinate. 
 
 The vaccination provided for in the previous section shall be done by 
 the county health officer provided for by Section 22 of this act, or by 
 his assistants and under his direction, and shall be paid for by the 
 parents of such children when they are able to do so, but in case of their 
 inability to pay for the same by reason of poverty, the same shall be 
 paid for by the board of education, or school directors of the several 
 districts out of the school fund. 
 
 Sec. 31. — Vaccination of Adults. 
 
 It shall be the duty of the board of health to make and enforce all 
 necessary rules and regulations for the vaccination against smallpox of 
 the adult population as well as of children within school age, and en- 
 force the same by proper orders, and if any adult person shall refuse 
 or neglect to carry out any of the orders of the said board in that behalf, 
 he shall be guilty of a misdemeanor, and after conviction shall be pun- 
 ished as hereinbefore provided in Section 24 of this act. Vaccine mat- 
 ter shall be provided at the cost of the county, municipal corporation, 
 board of education or school trustees, as hereinbefore provided for other 
 expenses. 
 
50 COMPILATION OF THE SCHOOL LAWS 
 
 CHAPTER CXIX. 
 
 Sec. 7. — Boards of School Directors. To Lei Contracts. Clerk of 
 Board to Report to the Count]) Superintendents, cost of Material 
 and Labor. School Officials Prohibited From Being Party to Con- 
 tract. 
 
 (See Chapter 70, Laws 1913.) 
 Sec. 8. — Clerks in Rural Districts, Principals or Superintendents of 
 Town or Cit-y Schools to Make Full Report to County Superintend- 
 ents. Contents of Reports. 
 
 The clerks of the several rural districts, principals or superintendents 
 of town or city schools, shall, between the first day of June and the first 
 day of July of each year, make a report to the county superintendent in 
 writing, showing in detail the financial condition of the district, the 
 amount of money received, and from what source, including receipts 
 from poll taxes, etc., district bonds or special levies, and the manner in 
 which the same has been disbursed during the previous year, amount 
 expended for repairs or improvements of school houses and grounds, 
 whether rented or owned by the district, the value of all school property, 
 amount of bonded indebtedness of district, status of interest fund, 
 amounts paid for rent, fuel, etc., salaries paid teachers for the preceding 
 year, the number and sex of the school population, and amount expended 
 for books for indigent children under Section 1555, Compiled Laws of 
 1897, as amended, and failure to properly prepare and forward said 
 reports shall subject such clerk, principal or town or city superintendents 
 to prosecution as provided in Section 1535, Compiled Laws of 1897, 
 and it is hereby made the duty of county superintendents to file informa- 
 tion against such derelicts. 
 
 Sec. 9. — School Directors to Furnish Itemized Accounts With 
 
 Vouchers. 
 Superintendents serving in districts outside of incorporated towns or 
 cities are hereby required to accompany all vouchers or warrants pre- 
 sented for the signature of the county superintendent with itemized state- 
 ments of account, and the county superintendent shall withhold his ap- 
 proval of all bills until such statements are provided. 
 Sec. 1 1 — County Superintendent. When to be at County Seat. To 
 Examine Books of Directors. 
 The county superintendent is hereby required to be in attendance at 
 the county seat on the first Saturday in the months of August, Septem- 
 ber, October, and November for the transaction of official business. 
 He is hereby empowered to examine from time to time the records and 
 account books of district directors' outside of incorporated cities and 
 
OF THE STATE OF NEW MEXICO 51 
 
 towns, and see to It that the same are properly kept, and it is hereby 
 made obhgatory upon all such directors to meet at their accustomed 
 place within the district at least once every thirty days during the school 
 term for the transaction of public business. 
 
 Sec. 12. — Count}) Superintendent May Reject Warrants Illegally Is- 
 sued by School Directors. 
 
 The county superintendent shall investigate the legality of all ac- 
 counts as to whether the same have been legally incurred and allowed 
 before the fixing of his signature thereto, and he may reject any warrant 
 issued by district school directors whenever he may deem such warrant 
 to have been illegally issued. 
 
 Sec. I 3. — School Directors Failing to Maf^e Complete Census. 
 
 Penalty. 
 
 County superintendents are hereby empowered to remove from office 
 any school director, in districts outside of incorporated towns and cities, 
 who shall fail or refuse to make and return a complete census of the 
 school population within his district as required by law, and such person 
 so removed shall not be eligible to hold said office for a period of two 
 years thereafter. 
 
 Sec. 1 5. — Apportionment of School Funds. County Superintendent 
 to Report to Probate Clerk. 
 
 County superintendents shall quarterly, and within ten days after re- 
 ceiving notice that any school funds are-at their demand, for apportion- 
 ment to the several districts, properly make said apportionment and 
 specifying the number of the district, the number of children of school 
 age in each district and the amount of money opportioned thereto, and 
 a copy of this apportionment report shall be filed within ten days there- 
 after in the office of the prcbate clerk of the county, and he shall also 
 supply a duplicate copy thereof to any newspaper printed within the 
 county which will give publicity to the same free of charge as a matter 
 of general information. 
 
 Sec. 1 6. — District Superintendents. Terms of Office. Duties. 
 
 District superintendents in districts consisting of incorporated cities or 
 towns shall be employed for a term of not to exceed two years, and 
 their duties other than now specified by law may be defined by the board 
 of directors of such incorporated city or town. 
 
 Sec. 18. — Officials of Higher Educational Institutions. Report to be 
 
 Made. Contents. 
 
 In addition to the duties now required by law of the governing au- 
 thorities of the higher educational institutions, they are hereby required 
 to make duplicate copies of reports, under date of June 30th of each 
 
52 COMPILATION OF THE SCHOOL LAWS 
 
 year, furnished by them to the territorial executive for use in his annual 
 report to the secretary of the interior, and a copy of said report shall be 
 filed in the office of the superintendent of public instruction; such report 
 shall show the date of establishment, general status and progress of such 
 institution during the year; its physical equipment, course of study, num- 
 ber of pupils enrolled and the number enrolled who are not actual bona 
 fide residents of the territory, the number of graduates for the preceding 
 year and the total number of graduates to date, the financial condition, 
 character and value of improvements during the year, value of all prop- 
 erty, receipts from all sources, disbursements, and such other informa- 
 tion as the superintendent of public instruction may require for incorpo- 
 ration in his annual report to the governor of the territory. 
 
 Sec. 20. — Legal Holidays Defined. Proviso. 
 In addition to the legal holidays designated by law, viz: "July 
 fourth, December twenty-fifth, and January first, and all days desig- 
 nated by proclamation of the governor as fast days or thanksgiving 
 days," February twelfth (Lincoln's birthday) and February twenty- 
 second (Washington's birthday) may hereafter be observed by the 
 public schools as legal holidays; and, provided, any teacher or teachers 
 in the rural districts and village schools shall have arranged beforehand a 
 program of exercises by the pupils appropriate for the occasion for the 
 preceding day, the directors of such district shall not deduct any moneys 
 from teachers' salary because of their absence from active school duty on 
 such holiday. 
 
Extracts from the Laws of 1905 
 
 CHAPTER XXIII. . 
 
 Sec. 1 . — School Directors to Make Enumeration of Persons Within 
 School Age. Dut^ of Clerk. 
 That the directors of schools in the several school districts in the 
 territory shall, on or before the first day of September of each year make 
 an enumeration of all unmarried persons between five and twenty-one 
 years of age, giving the names, ages, and sexes of such persons in full, 
 and shall report the same in writing, which enumeration list shall be 
 signed by all the directors, to the county superintendent within fifteen 
 days thereafter. It shall be the duty of the clerk of said school directors 
 to correctly enumerate or cause to be enumerated all unmarried persons 
 of the respective school districts as specified herein. For said enumera- 
 tion he shall be paid from any funds in the hands of said directors the 
 sum of one dollar and fifty cents for each one hundred names or frac- 
 tion therof, thus enumerated. 
 
 Sec. 2. — Punishment for False Enumeration. 
 Any enumerator acting for the directors of schools of any district 
 who shall wilfully place fictitious names, or names of persons not actu- 
 ally residing in said district, upon the official enumeration list, shall be 
 declared guilty of a misdemeanor and on conviction thereof, before any 
 court of competent jurisdiction, he shall be punished by a fine of not 
 less than ten nor more than fifty dollars, which fine shall, when paid, 
 be placed in the school fund of said school district. 
 
 CHAPTER CI. 
 Sec. 79. — Militiamen in Good Standing Exempt from Payment of 
 
 Poll Tax. 
 
 CHAPTER XLVIII. 
 Sec. 1 . ^ — Directors and Boards of Education to Procure United 
 States Flags for Public Schools. 
 The boards of school directors of the various school districts and the 
 boards of education of the cities and towns of this territory shall procure 
 at the expense of their respective districts, towns or cities, for every 
 public school not provided therewith, a United States flag not less than 
 
54 COMPILATION OF THE SCHOOL LAWS 
 
 five feet long; together with the flag-staff, and the necessary appHances 
 therefor; and thereafter whenever the flag, flagstaff or the necessary ap- 
 pliances therefor of any such school shall from any cause become un- 
 suitable for further use, such school boards of directors or boards of 
 education shall in the same manner purchase others in place thereof. 
 
 Sec. 2. — United States Flags to he Displa^ied Upon Public School 
 
 Buildings. 
 
 The school directors or boards of education in the various districts, 
 cities and towns in the territory shall cause the United States flag to be 
 displayed upon the public school buildings or premises therein during 
 school hours if m their best judgment it be practicable, otherwise at such 
 times as they may direct, and such boards of school directors or boards 
 of education shall also establish rules and regulations for the proper 
 care, custody and display of the flag; and when, for any cause it is not 
 displayed, it shall be placed conspicuously in the principal room of the 
 school building. 
 
 Sec. 3. — Lincoln Da^. 
 
 The twelfth day of February, in each and every year hereafter, is 
 hereby established m the annual school calendar to be known as Lin- 
 coln day, in honor of the birthday of Abraham Lincoln, and shall be 
 observed with patriotic exercises in the public schools, but such day shall 
 in no wise be construed to be a holiday. It is also provided that when 
 such day shall fall on Sunday or on Saturday, the following or preced- 
 ing days respectively, as the case may be, shall be observed. 
 
Extracts from the Laws of 1907 
 
 CHAPTER XCVI. 
 
 An Act to Facilitate the Collection of Poll and Road Taxes, 
 
 Section 1 . That any person, firm or corporation, having in his, 
 theirs, or its employ any male person or persons required by law, to pay 
 a poll tax, or to do public work, shall on demand of the clerk of the 
 school board of any school district, wherein such employes may reside 
 and are required by law to pay a poll tax, furnish to him a list of the 
 i^mes of all employes residing in such school district, liable by law to 
 pay a poll tax; and on demand of the road overseer of any precinct, 
 shall likewise furnish to him a list of all employes residing in such pre- 
 cinct who are required by law to work on the public roads therein; and 
 if the clerk of any school district or road overseer, shall find on such list 
 so furnished to him as by this act provided, the name or names of any 
 person or persons who have not paid his poll tax or work on the public 
 roads or paid a road tax in lieu of such work as required by law,. such 
 clerk and road overseer respectively shall give to such employer the 
 names of all employes found by him on the list furnished as herein pro- 
 vided, together with the statement of the amount of poll tax or road tax, 
 as the case may be, each employe is due and owing and thereupon, every 
 such employer shall pay to such clerk or road overseer as the case may 
 be, the amount due and payable from each employe, taking from the 
 officer collecting the said poll tax or road tax, a separate receipt for 
 the tax of each employe so paid, which receipts shall be and become a 
 complete and counter claim and set off to the amount of their full face 
 value in discharge of any obligation or any manner of indebtedness ex- 
 isting at the time, or which may at any time thereafter exist and be 
 owing to any such employe by the employer paying the same. 
 
 Sec. 2. Any employer who shall refuse to furnish the lists of em- 
 ployes or pay the poll or road tax as provided in the preceding section 
 shall be guilty of a misdemeanor and on conviction thereof before any 
 justice of the peace having jurisdiction shall be punished by a fine of not 
 less than twenty-five dollars ($25.00) nor more than one hundred dol- 
 lars ($100.00) and the costs of the prosecution, which fines when col- 
 lected shall be turned into the school fund of the school district the clerk 
 of which made the demand for the lists and payment of poll tax in poll 
 tax cases, and into the road fund of the proper precinct where the de- 
 
56 COMPILATION OF THE SCHOOL LAWS 
 
 mand for the lists and payment on road tax is made by the road overseer 
 and refused by the defendant being prosecuted under the provisions of 
 this act. 
 
 CHAPTER XCVII. 
 An Act to Revise and S\)stematize the School Larvs. 
 
 Section 1. Organization and Compensation. — There shall be a 
 Territorial Board of Education which will consist of nine members: 
 The Governor, the Superintendent of Public Instruction, and seven 
 members to be appointed by the Governor for the term of five years 
 each; five of said seven appointed members to be selected from among 
 the heads of the Territorial educational institutions, the president of St. 
 Michael's College at Santa Fe, and the superintendents of schools in 
 the four cities of the Territory ranking highest in population at the time 
 of the appointment; and two of said seven to be citizens interested in 
 public education who are not professional teachers, at least one of whom 
 shall be at the time of his appointment a county superintendent of 
 schools, these latter to be appointed during March, 1 909. At the ex- 
 piration of the term of office of a member as this board is now organized 
 under existing laws, the governor shall appoint his successor for a term 
 of five years, and from among those persons who are made eligible by 
 this act. The board shall meet at the office of the superintendent of 
 public instruction four times a year, at such times as it may elect, and 
 such other times upon the call of the governor or a majority of its mem- 
 bers, as the public business may require. The governor shall be presi- 
 dent of said board, but in his absence the board may elect a presiding 
 officer pro tempore. 
 
 NOTE: — The foregoing is amended by the Constitution, Article 
 XII and by Chapter 37, Laws 1912. 
 
 The members of the board of education shall receive ten ( 1 Oc) cents 
 per mile for attending each meeting of the said board, counting one way 
 from their place of residence to its place of meeting, and two and one- 
 half ($2.50) dollars a day for each session thereof. This mileage and 
 per diem shall be paid to the members of said board of education by the 
 territorial treasurer upon the order of the territorial auditor out of the 
 funds arising from the rental of the common school lands of the Ter- 
 ritory. 
 
 Sec. 2. General Powers. — The territorial board of education shall 
 have power to grant, renew and revoke teachers' certificates, to adopt a 
 series of text-books and a uniform course of study for the various public 
 schools of the Territory, to exercise a general control over teachers' in- 
 
OF THE STATE OF NEW MEXICO 57 
 
 stitutes, and to perform such other duties pertaining to matters of educa- 
 tion as may hereinafter be provided by law. 
 
 Sec. 3. County Teachers' Certificates. — The Territorial board of 
 education is hereby empowered to issue three grades of county teachers' 
 certificates, to be known as first grade, second grade and third grade, 
 respectively. The certificates shall be issued by said board of educa- 
 tion upon examination in such subjects as it may elect, or upon the ap- 
 plicants' presenting grades in the subjects as required by said board from 
 any of the educational institutions of the territory. The said examina- 
 tion shall be held at such times, at such places, and in such manner as 
 said board deems most expedient. The examination for county teachers' 
 certificates shall be conducted by the county superintendent under such 
 rules and regulations as such board of education may prescribe. Upon 
 the close of the examination the county superintendent shall forward the 
 papers of the applicants to the superintendent of public instruction, who 
 shall grade them, or cause them to be graded. The superintendent of 
 public instruction is hereby authorized to employ such person or persons 
 to assist him in grading the papers of applicants as he may judge com- 
 petent. To pay the service of such person or persons eight hundred 
 ($800.00) dollars is hereby set aside annually, or so much thereof as 
 is necessary, out of the funds arising from the rental of common school 
 lands of the Territory. The territorial auditor shall pay such persons 
 for their services upon presenting receipted bills approved by the super- 
 intendent of public instruction. Holders of county certificates shall be 
 entitled to teach in any school district, independent district, incorporated 
 town, city or village of the territory. A third grade certificate entitles 
 the holder thereof to teach for one year, second grade two years, and 
 the first grade three years, respectively. All certificates shall be void 
 at the expiration of the term for which they were issued. The county 
 superintendents are hereby authorized to renew first grade county teach- 
 ers' certificates once only without a formal examination: Provided, 
 Evidence is shown of successful experience in teaching and faithful at- 
 tendance to duty; Provided, further. That no such renewal shall be 
 made by the county superintendent without the consent of the superin- 
 tendent of public instruction. Boards of education of incorporated cities 
 may issue teachers' certificates for such period of time and under such 
 regulations as they may prescribe, but such certificates shall be vaHd 
 only in the city whose board issues them. 
 
 Sec. 4. Territorial Teachers' Certificates. — The territorial board 
 of education is hereby authorized to issue territorial teachers' professional 
 certificates to persons whom it may deem quaHfied by reason of moral 
 character, academic scholarship, knowledge of the theory and art of 
 teaching and actual practice in teaching. Holders of the certificates 
 
58 COMPILATION OF THE SCHOOL LAWS 
 
 who possess a certificate of attendance upon some county normal institute 
 or summer school as herein provided by law, shall be entitled, without 
 further examination, to teach in any of the public schools of New Mex- 
 ico for the period of time designated therein. 
 
 The territorial board of education is hereby empowered to officially 
 endorse teachers' certificates granted in States and other Territories, un- 
 der such rules as it may prescribe; and to grant certificates of the first, 
 second and third grade to persons who have completed specified courses, 
 approved by the territorial board of education, in New Mexico terri- 
 torial educational institutions or other schools designated by said board; 
 Provided, That upon graduation from St. Michael's College, located at 
 Santa Fe, the holder of a diploma from the full course of study given 
 by said institution shall be entitled to a county first grade certificate, 
 which shall be recognized in all counties of the territory as a legal certi- 
 ficate for the period of time designated therein. 
 
 Sec. 5. Temporary Permits to Teach. — The superintendent of 
 public instruction is hereby authorized to issue, pending the regular ex- 
 amination of teachers, permits to teach in the public schools of the 
 territory, to persons whose credentials as to ability and experience in 
 teaching properly certified to are deemed to meet the requirements of the 
 law, and such temporary permits shall expire upon the first day of the 
 next succeeding examination of teachers. County school superintendents 
 shall have like authority in their respective counties, and certificates .so 
 issued by county school superintendents shall be good only in the county 
 where issued, and shall not be issued twice in succession to the same per- 
 son, and shall expire at the next examination of teachers in the said 
 county. 
 
 Sec. 6. Teachers' Institute. — The county superintendents of pub- 
 lic schools should hold annually in their respective counties, for a term 
 of not less than two weeks, a teachers' institute for the instruction of 
 teachers and those desiring to teach. The county superintendents of the 
 public schools with the advice and consent of the territorial superintend- 
 ent of public instruction, shall determine the time and place of holding 
 such institutes, and shall select conductors and instructors for the same, 
 and provide for the compensation thereof. No person shall be selected 
 or shall serve as a conductor or instructor who does not hold a certificate 
 from the territorial board of education authorizing him or her to do so. 
 It shall be compulsory upon all persons who expect to teach in any 
 school district, independent district or incorporated town, city or village, 
 to attend at least two weeks of the county institute or to show a certifi- 
 cate of attendance upon some county institute or summer school approved 
 by the superintendent of public instruction held within the year. Teach- 
 ers who hold a third grade county certificate or permit to teach, and 
 
OF THE STATE OF NEW MEXICO 59 
 
 who have taught at least three months of school during the twelve 
 months previous to the time of holding any county institute, may, upon 
 attendance upon a county institute for a full term of four weeks receive 
 the sum of fifteen dollars ($15.00) from the treasurer of the Territory, 
 upon the order of the Territorial Auditor of the funds arising from the 
 rental or sale of the common school lands of the Territory, upon pre- 
 senting to the Territorial Auditor a certificate from the county school 
 superintendent of the county in which the institute is held, and signed 
 by the institute conductor and the Territorial Superintendent of Public 
 Instruction, certifying that said teacher had complied with the provisions 
 of this act; and such teachers are also exempt from the institute fees 
 otherwise required. The territorial board of education is hereby for- 
 bidden to issue a certificate to any person who refuses to comply with 
 the provision of this act; Provided, Any person or persons, who fail to 
 so attend by reason of sickness or good and sufficient excuse rendered 
 to the county superintendent and approved by him and by the superin- 
 tendent of public instruction, may be excused from such attendance. 
 Provided, further. The territorial board of education is hereby empow- 
 ered to excuse such persons from attending the county teachers' institute 
 as in its judgment it deems eminently qualified to teach by reason of 
 their professional scholarship and training, and that nothing herein con- 
 tained shall make it compulsory for cities which engage a city superin- 
 tendent of schools who gives at least half of his time to direct super- 
 vision to hold such institutes. 
 
 NOTE: — Under the restrictions imposed by the Constitution, it is 
 impossible to pay the compensation of $15.00 as contemplated in the 
 foregoing. 
 
 The territorial board of education is hereby empowered to issue a 
 course of study for teachers' institutes. Authority is hereby conferred 
 upon the superintendent of pubhc instruction to authorize the county 
 superintendent in any county wherein the conditions are such as to make 
 it expedient to do so, to hold joint county teachers' institutes at such 
 place as may be most convenient to all parties concerned, and when 
 such power is delegated to a county superintendent, the expense of any 
 such institute shall be divided equitably by the county superintendents, 
 subject to the. approval of the territorial superintendent of public in- 
 struction, among the counties participating therein. 
 
 For the purpose of meeting the expenses of the county teachers* insti- 
 tutes, county treasurers of class "A" shall set apart annually from the 
 general school funds of their respective counties not less than one hun- 
 dred ($100.00) dollars; in counties of class *'B" not less than seventy- 
 five ($75.00) dollars for such purpose; in counties of classes '*C," 
 "D" and "E" not less than fifty ($50.00) dollars for such purpose: 
 
60 COMPILATION OF THE SCHOOL LAWS 
 
 Provided^ That In counties where an institute is held for a full term of 
 four weeks the county treasurer shall set aside at least fifty ($50.00) 
 more than that already provided for institute purposes. At each session 
 of the teachers' institute the county superintendent upon the advice and 
 consent of the territorial superintendent of public instruction shall collect 
 from each person in attendance a fee of not less than one ($1.00) 
 dollar and not more than three ($3.00) dollars. The money thus 
 collected and set apart shall be known as the "County Teachers' Insti- 
 tute Fund," and the county treasurer shall be its custodian, but he shall 
 not receive any of it for his services in receiving or as such custodian. 
 All disbursements of the "Teachers' Institute Fund" shall be upon the 
 order of the county superintendent, countersigned by the superintendent 
 of public instruction, and no order shall be drawn on said fund, except 
 for services rendered and expenses actually incurred in connection with 
 the teachers' institute. But the legitimate expenses incidental to con- 
 ducting examination ordered by the Territorial Board of Education 
 shall be considered as expenses incurred in connection with the teachers' 
 institute; Provided, That the Territorial Board of Education shall have 
 the power to waive the holding of any county normal institute m coun- 
 ties where authorized summer schools are held and in counties adjacent 
 thereto. 
 
 Sec. 7. Revoking Certificates. — The territorial board of education 
 is hereby empowered to revoke certificates of conductors and instructors 
 of teachers' institutes, territorial teachers' professional certificates, county 
 teachers' certificates, and city teachers' certificates issued by boards of 
 education, for incompetency, iirmiorality of the holder, or for any cause 
 that should have withheld the issue of such certificate; Provided, That 
 in each case the accused shall be allowed a full and fair hearing at 
 which he may be privileged to employ the services of counsel. 
 
 Sec. 8. Legally Qualified Teacher. — A legally qualified teacher 
 to teach in any school district, incorporated town, city, village, or inde- 
 pendent district, shall be one who has been certificated as prescribed in 
 this act, and who possesses a certificate of attendance upon some county 
 teachers' institute, or summer school, approved by the territorial superin- 
 tendent of public instruction, held within twelve months, or has an 
 approved excuse for non-attendance; or one who holds a legal permit to 
 teach in this territory. Any county superintendent, member of a board 
 of school directors, member of a board of education, county treasurer, 
 or other persons, who shall directly or indirectly cause the public school 
 funds to be paid for teachers' services to any other person than a legally 
 qualified teacher under the provisions of this act, shall be guilty of a 
 misdemeanor, and upon conviction thereof shall be fined in the sum of 
 not less than one hundred ($100.00) dollars nor more than five hun- 
 
OF THE STATE OF NEW MEXICO 61 
 
 dred ($500.00) dollars for each and every offense, and may be re- 
 moved from office in the manner provided by law. 
 
 Sec. 9. Text Books. — The territorial board of education shall 
 have, and is hereby vested with full power to adopt a system of school 
 books for the use of the public schools of the Territory, and only the 
 school books so adopted by said board shall be used in any of the first 
 eight grades of the public schools of this Territory. The board of 
 education shall have power to contract with the publisher or publishers 
 of text books adopted for use in the public schools of New Mexico, in 
 the name of the Territory and through the superintendent of public in- 
 struction for the purchase and delivery of said books under such regula- 
 tions as the board may adopt. 
 
 Text books once adopted shall not be changed for four years and the 
 iirst contract under this act shall not be entered into between the pub- 
 lishers and the Territory later than June 15, 1907. 
 
 NOTE: — Under the Constitution the period of adoption is length- 
 ened to six years. 
 
 If the Territorial board of education shall violate the provision in 
 this section contained against changing within a period of four years 
 text books adopted by such board, or if such territorial board of educa- 
 tion, the superintendent of public instruction, any county superintendent, 
 or any board of school directors, or board of education in this territory 
 shall knowingly permit, in any of the first eight grades of the public 
 schools of this Territory, the use of any text book or books other than 
 such as are adopted by the territorial board of education, upon convic- 
 tion thereof, the person or persons convicted shall be punished by a fine 
 of not less than ten ($10.00) dollars nor more than one hundred 
 ($100.00) dollars; Provided, That nothing herein contained shall pre- 
 vent the use of text books, approved by the territorial board of educa- 
 tion or the territorial superintendent of public instruction, supplementary 
 to the regularly adopted text books. 
 
 Territorial Superintendent of Public Instruction. 
 
 Sec. 10. Appointment, Term, Salary, Oath. — At the expiration 
 of the term of office of" the present superintendent of public instruction, 
 and every two years thereafter, the governor shall appoint, by and with 
 the advice and the consent of the council, a duly qualified person as 
 superintendent of public instruction, who shall hold his office for two 
 years and until his successor is appointed and has qualified. Salary of 
 said superintendent shall be twenty-four hundred ($2,400.00) dollars 
 per annum, payable monthly on the warrant of the auditor drawn upon 
 the territorial treasurer. Said superintendent of public instruction shall 
 before entering upon the duties of his office, take and subscribe to the 
 
62 COMPILATION OF THE SCHOOL LAWS 
 
 oath or affirmation as provided by law, which oath or affirmation shall 
 
 be filed in the office of the Secretary of the Territory. 
 
 NOTE: — The foregoing- is amended by Article V of the Constitu- 
 tion. 
 
 5ec. 1 1 . General Powers and Duties. — The superintendent of 
 public instruction shall have general supervision of public education, and 
 it shall be his duty to visit the territorial institutions and to meet with 
 governing boards of said institution at least once in each year. He shall 
 have supervision over rural schools, acting through the county superin- 
 tendents who shall be responsible to the superintendent of public instruc- 
 tion for faithful performance of their duty. He shall have such general 
 supervision over city, town, and village schools as shall be necessary in 
 harmonizing and systematizing reports, and in securing uniform opera- 
 tion of the public school system. He is hereby vested with general su- 
 pervision over the official records and accounts of any school district, 
 independent district, or those of any incorporated city, town or village, 
 and may require correction thereof, when .necessary, personally, or he 
 may delegate this power to the county superintendent. He may suspend 
 the county superintendent and institute, or cause to be instituted, pro- 
 ceedings in a court of competent jurisdiction for the purpose of bringing 
 about the removal of said county superintendent in the manner prescribed 
 by law, when he shall be satisfied from sufficient evidence submitted to 
 him that said county superintendent does not possess the qualifications 
 required or perform his duties as prescribed by the territorial board of 
 education. 
 
 The superintendent of public instruction shall, at the request of any 
 county school superintendent or other school officer, give his opinion 
 upon a written statement of the facts on any question or controversy 
 arising out of the interpretation and construction of school laws and shall 
 keep a record of all such decisions. 
 
 Upon giving any such opinion the superintendent may submit the 
 statement of facts to the attorney general for his advice thereon. It shall 
 be the duty of the attorney general forthwith, to examine such statement 
 and suggest the proper decision to be made upon such facts. 
 
 Sec. 12. Visit Rural Schools, Traveling Expenses. — It shall be 
 the duty of the territorial superintendent of public instruction to visit 
 each county, as often as consistent with the discharge of his other duties, 
 for the purpose of holding teachers' meetings, advising with county su- 
 perintendents and school directors, and awakening an interest in the 
 cause of education throughout the Territory. To this end an annual 
 appropriation of seven hundred ($700.00) dollars, or such a part 
 thereof as may be required, is hereby made for traveling expenses, pay- 
 able on presentation of certified vouchers and warrants drawn by the 
 
OF THE STATE OF NEW MEXICO 6!) 
 
 auditor upon the territorial treasurer. Such traveling expenses may be 
 incurred by the assistant superintendent when acting under the direction 
 of the superintendent of public instruction. Said superintendent shall 
 file and carefully preserve in his office the official reports made to him 
 by the county superintendents of the several counties, heads of the terri- 
 torial educational institutions, and by trustees and directors of all schools 
 of whatever nature within the Territory. 
 
 Sec, 1 3. Blanks, School Law, Lincoln Day Program. — Said su- 
 perintendent shall prescribe and cause to be prepared in English and 
 Spanish all forms and blanks necessary in carrying out the details of the 
 common school system, so as to secure its uaiform operation throughout 
 the Territory, and cause the same to be forwarded to the several county 
 superintendents to be by them distributed to the several persons entitled 
 to receive the same. He shall cause to be published, as needed, as 
 many copies of the school laws in force, with such forms, decisions, an- 
 notations, regulations, and instructions as he may judge expedient thereto 
 annexed, and shall cause the same to be forwarded to the county super- 
 intendent of public instruction, to prepare a program of patriotic exercises 
 for the proper observance of Lincoln Day, and to furnish printed copies 
 of the same to the school directors and boards of education of various 
 districts, cities, towns and villages, at least four weeks previous to the 
 twelfth day of February in each year; he shall also prepare for the use 
 of the school a printed program providing for a uniform salute to the flag. 
 
 Sec. 1 4. Annual Report. — The territorial superintendent shall 
 prepare and cause to be published annually a report of all the common 
 schools, academies, normal schools, colleges, private and sectarian 
 schools in the Territory, which report shall indicate the number and sex 
 of all persons enrolled in the several schools; the value of the school 
 property, and such other facts as he may deem expedient; the same to 
 be drawn from the reports of the county superintendents and from the 
 reports of school boards, boards of regents, and boards of trustees of the 
 several institutions. 
 
 Sec. 1 5. Secretary of the Territorial Board of Education. — The 
 territorial supintendent of public instruction shall be secretary of the ter- 
 ritorial board of education and shall keep faithful and correct records 
 of its proceedings, which records shall be kept open at all times for in- 
 spection. A copy of said record, certified by the secretary of the board 
 shall in all cases be received as evidence in the courts of, or elsewhere 
 in. New Mexico. 
 
 Sec. 1 6. Assistant Superintendent, Salary. — The superintendent 
 of public instruction is hereby empowered to appoint an assistant super- 
 intendent of public instruction, who shall be thoroughly conversant with 
 the Spanish and English languages and to revoke such appointment at 
 
64 COMPILATION OF THE SCHOOL LAWS 
 
 his discretion, and such assistant shall take the oath of office as provided 
 by law, which, with his appointment, shall be filed with the secretary of 
 the territory. Said assistant shall receive a salary not to exceed fifteen 
 hundred ($1,500.00) dollars per annum, payable in hke manner as 
 provided for the payment of the salary of the superintendent of public 
 instruction. 
 
 Sec. I 7. Location of Office — Official Acts Certified. — The office 
 of the superintendent of public instruction shall be at the seat of govern- 
 ment where shall be kept all books and papers pertaining to the business 
 of his office, and copies of all papers filed. His official acts shall be 
 certified by him, and when so certified to shall be received in the courts 
 of, or elsewhere in. New Mexico, as evidence equally and in like man- 
 ner as the original papers, and he shall deliver to his successor within 
 ten days after the expiration of his term, all books, papers, documents, 
 and other property belonging to his office. 
 
 Sec. 1 8. County Superintendent, Election, Qualifications. — A 
 county superintendent of schools for each county shall be elected at each 
 general election, and shall enter upon the duties of his office on the first 
 of January following his election. Said county superintendent shall hold 
 office for two years, or until his successor shall have been duly elected 
 and has qualified, unless sooner removed for cause. 
 
 From and after the date of passage of this act, no person shall be 
 eligible to the office of county superintendent of schools who is not a. 
 person of culture and practical experience and learning in those branches 
 of education taught in public schools, as provided by law, and a person 
 of good moral character, such qualifications to be passed upon and ap- 
 proved by the Territorial Board of Education: Provided, This section 
 shall not take effect until January 1 , 1 909. 
 
 Any person or persons who shall directly or indirectly cause any por- 
 tion of the public school fund to be paid to any person for services as 
 county superintendent of schools who shall not have filed with the county 
 treasurer a certified statement of the qualifications hereinbefore men- 
 tioned shall be guilty of a misdemeanor and upon conviction thereof shall 
 be fined in the sum of not less than one hundred ($100.00) dollars nor 
 more than five hundred ($500.00) dollars for each and every offense, 
 and may be removed from office as provided by law. 
 
 In case no person having the qualifications as herein provided for 
 county superintendent shall be elected in any county, then upon the 
 nomination of the territorial board of education, the board of county 
 commissioners of said county shall appoint as county superintendent a 
 person having such qualifications, who shall fill the office until a properly 
 qualified person shall have been elected by the people of the county, or 
 until a successor shall have been appointed and has duly qualified. 
 
OF THE STATE OF NEW MEXICO 65 
 
 Sec. 1 9. Oath and Bond. — Each County Superintendent, before en- 
 tering upon the discharge of the duties of his office, shall take and subscribe 
 to the oath or affirmation as provided by law, which oath or affirmation 
 shall be filed in the office of the probate clerk. Within thirty days after 
 receiving his certificate of election or appointment as herein provided, he 
 shall give a bond in the sum of two thousand ($2,000.00) dollars to 
 be approved by and filed with the board of county commissioners of 
 his county. 
 
 Sec. 20.. Powers and Duties. — Subject to the supervision and di- 
 rection of the superintendent of public instruction, the county superin- 
 tendent of schools shall have jurisdiction over all public schools within 
 his county, except those in cities, and such schools, including city schools, 
 shall make such reports to the county superintendent and to the superin- 
 tendent of public instruction as may be required by the territorial board 
 of education. Each county superintendent shall visit each school within 
 his county as often as the territorial board of education may prescribe. 
 He shall supervise the methods of instruction employed in the various 
 schools; consult with the school directors concerning the improvement of 
 their schools and the keeping of their accounts; enforce compliance with 
 the school laws; organize, disorganize, or change the boundaries of ^ny 
 school district, as hereinafter provided in this act; hold teachers' meet- 
 ings for the advancement of the school interests of his county, and per- 
 form such other duties as, are now provided by law for county superin- 
 tendents and such as the territorial board of education may prescribe. 
 He shall also on the third Monday in January, April, July and October 
 of each year, or as soon thereafter as he shall receive the certificate of 
 the territorial superintendent of public instruction signify the amount ap- 
 propriated to each county for the use of the common schools of the 
 current year, apportion such amount, together with the county school 
 fund for the same purpose, to the several districts within his county, in 
 proportion to the number of school children residing in each over five and 
 under twenty-one years of age, as the same shall appear from the last 
 annual reports of the clerks of the respective school districts, and he 
 shall immediately certify such apportionment to the directors of the 
 respective school districts, and to the county treasurer of his county, who 
 shall credit the several school districts on his books with the respective 
 sums apportioned to them: Provided, That the county school superin- 
 tendent is hereby authorized to leave in the county school fund a suffici- 
 ent amount to meet such warrants as may be legally drawn against this 
 fund as elsewhere provided by law. 
 
 Sec. 2 1 . Salary and Office Expenses. — From and after the first 
 of January, 1909, the county superintendents of the several counties of 
 
66 COMPILATION OF THE SCHOOL LAWS 
 
 this Territory shall receive the following annual compensation, payable 
 from the general school fund of the county, in monthly installments on 
 warrants of the probate clerk, drawn on the county treasurer: 
 In counties of ten rooms or less, under the jurisdiction of the 
 
 county superitnendent, as provided in this act, used for 
 
 general school purposes at least three months in the year. .$ 300.00 
 
 In counties of eleven to sixteen rooms, as aforesaid 600.00 
 
 In counties of seventeen to twenty-five rooms, as aforesaid. . . 800.00 
 In counties of twenty-six to thirty-three rooms, as aforesaid; . 1000.00 
 In counties of thirty-four to forty-two rooms, as aforesaid ... 1 200.00 
 In counties of forty-three rooms, or more, as aforesaid and in 
 
 all counties of the first class determined by the latest report 
 
 of the Territorial traveling auditor 1 500.00 
 
 Provided, horvever. That the salaries as fixed by this Section shall 
 not in any event exceed one-third of the total amount of money collected 
 in any county from the tax levy for general school purposes in any years; 
 Provided, This Section shall not take effect until January 1 , 1 909. 
 
 Said county superintendents shall be entitled to office expenses cover- 
 ing stationery, postage, printing, etc., which for any one year shall not 
 exceed four per cent of their respective salaries. These expenses shall 
 be allowed quarterly by the board of county commissioners, on presen- 
 tation of itemized and certified bills. 
 
 The territorial superintendent of public instruction shall classify all 
 counties of the Territory on the basis provided in this Section, on or 
 before the first day of January, 1909, and each year thereafter, and 
 within ten days shall certify the same to the board of county commis- 
 sioners of each county. 
 
 Sec. 22. Creation and Alteration of School Districts. — Whenever 
 it is desired that a new school district shall be formed, a petition and 
 statement of facts signed by a majority of legal electors residing within 
 the proposed district shall be presented to the county superintendent of 
 schools. Said petition and statement shall contain ?uch description of 
 the boundaries of said proposed district as will be sufficient to definitely 
 locate it; it shall also contain the names and ages of all persons of school 
 age who are actually residents of the proposed district. 
 
 Whenever a new district has been created, at the next regular appor- 
 tionment, the county superintendent shall apportion to it its share of the 
 school fund as provided by law. 
 
 No school district shall hereafter be created or divided unless there be 
 at least twenty-five (25) children of school age in the new district and 
 at least twenty-five (25) children of school age remaining in the dis- 
 trict or each of the districts from which such district is taken; Provided, 
 
OF THE STATE OF NEW MEXICO 67 
 
 hotvever. That a board of school directors may maintain more than one 
 school in its district for the better accommodation of the patrons of said' 
 district. 
 
 Upon the receipt of such petition and statement by the county super- 
 intendent, he shall create such new district, shall assign to it a number 
 or other proper designation, appoint three persons as a board of direc- 
 tors, who shall serve until the time of the next regular election for direc- 
 tors, at which time a board shall be elected in accordance with the 
 provisions of Chapter 55, Laws of 1901 ; Provided, That the territory 
 of a school district shall not be so reduced as to make its bonded in- 
 debtedness exceed four (4%) per cent, of its assessed valuation. 
 
 After paying all indebtedness of the old district that is chargeable to 
 the common school fund, if any balance remains the county superin- 
 tendent shall divide the said balance between the old district and- the 
 new in proportion to the number of children of school age in each. All 
 other resources such as school houses, proceeds from sale of bonds, also 
 all similar indebtedness shall be divided between the old district emd the 
 new in proportion to the taxable property, according to the assessed value 
 in each. In making such adjustment, the superintendent, in co-operation 
 with the board of county commissioners, of the county in which such 
 districts are situated, is hereby authorized to use such plans, or means, 
 as will best subserve the mutual interests of the two districts and their 
 decisions shall be final, subject to the right of appeal to the courts. 
 
 The county superintendent shall consolidate school districts on the 
 presentation of separate petitions signed by the majority of electors 
 residing in the re«pective districts affected; he shall also attach a terri- 
 tory to a district by change of boundary lines on the presentation of sep- 
 arate petitions signed by the majority of the electors residing in the re- 
 spective territories affected; which petitions shall be prepared and sub- 
 mitted as hereinbeofre described. 
 
 Whenever the number of persons of school age within a school dis- 
 trict has been reduced below 1 5 from causes over which the county 
 superintendent does not have control and these conditions seem likely to 
 remain permanent, said superintendent is empowered to disorganize such 
 district and attach the territory to the school district or districts adjacent 
 thereto. Provided, If said district at the time of disorganization is lia- 
 ble for bond issue or interest thereon, the board of county commissioners 
 is hereby authorized and required to make levy and order collections 
 thereof on the property of said disorganized district for the purpose of 
 meeting the payment of said bonds and interest in a manner as provided 
 for such purpose in the case of a regular school district. 
 
 Appeal may be made from the decision of the county superintendent 
 
68 COMPILATION OF THE SCHOOL LAWS / " 
 
 concerning the organization, disorganization, or change of boundary Hnes 
 of a school district, to the board of county commissioners of the county 
 in which the school district is located, and the decision of said board 
 shall be final. 
 
 Sec. 23. Location of School District — Boundary Lines. — The 
 boundary lines and corner of all school districts shall be accurately lo- 
 cated by the county surveyor of each county at the request of the super- 
 intendent, who shall prepare a map showing the districts as contem- 
 plated in Section 1 545, Compiled Laws of 1897. The expense of such 
 proceedings shall be charged to the county wherein the school district is 
 situated and be allowed by the board of county commissioners at the 
 discretion of said board not to exceed fifty ($50.00) dollars a school 
 district. 
 
 Sec. 24. Statistical Reports. — The scholastic year for all schools 
 and educational institutions of whatever nature in the Territory of New 
 Mexico shall end June fifteenth of each year. Within ten days after 
 such date, the school directors of school districts, and the secretaries or 
 clerks of the boards of education of town, village and city schools, 
 located within each county shall file statistical reports with the county 
 superintendent, containing such items of information as are required by 
 law. On or before July fifteen of each year the county superintendents 
 and the heads of the various educational institutions shall make their 
 annual statistical reports to the superintendent of public instruction, and 
 thirty days thereafter the superintendent of public instruction shall make 
 his annual report to the governor of the Territory. 
 
 Sec. 25. Levy for School Purposes. (See Chapter 51, Laws of 
 1912.) 
 
 Sec. 26. Teachers' Wages. — From and after September 1, 1907, 
 the maximum salary that shall be paid to any teacher employed to teach 
 in the public schools in this Territory holding a certificate not higher 
 than a third grade shall be fifty ($50.00) dollars per month; the 
 maximum salary that shall be paid to a holder of a certificate not higher 
 than a second grade shall be seventy-five ($75.00) dollars per month; 
 Provided, That permits shall in no case be classed as higher than a 
 third grade certificate, but if a holder of a permit shall secure a regular 
 teachers' certificate during the term for which he is engaged, the salary 
 for the entire term may be fixed in accordance with the grade of said 
 certificate; Provided, further. That a teacher employed in any of the 
 public schools of this Territory shall be entitled to full pay for a period 
 not to exceed one month during which the school may be closed by the 
 board of school directors, board of education, or board of health, on 
 account of loss by fire, danger from contagious disease, or other similar 
 
OF THE STATE OF NEW MEXICO 69 
 
 cause. These provisions shall apply to the public schools in cities, 
 towns, and villages as well as in rural districts. Any school director, 
 member of board of education, or any other person violating the terms 
 of this Section shall, upon conviction in a court of competent jurisdic- 
 tion, be fined in the sum not less than ten ($10.00) dollars nor more 
 than one hundred ($100.00) dollars, or imprisoned for a term not less 
 than ten days nor more than ninety days, and may be removed from 
 office by proper procedure. 
 
 Sec. 27. Property Presented to Educational Institutions or Com- 
 mon Schools. — In case any person or persons shall will, bequeath, or in 
 any other way donate money or other property for the benefit of any 
 kind of public educational institution, school district, or other educa- 
 tional interest, it shall become the duty of the district court of the dis- 
 trict in which the beneficiary of such benefaction is located to see to it 
 that said benefaction is sacredly conserved and administered in accord- 
 ance with the terms and wishes of the donor or donors; Provided, That 
 if said donor or donors have not provided for or named the executors of 
 their wishes, the judge of said district court shall appoint three proper 
 persons, under sufficient bond, to administer the same. 
 
 Sec. 29. Tuition. — ^A board of school directors or board of edu- 
 cation may admit non-resident pupils to the school or schools under its 
 charge, provided school acconmiodations are sufficient to justify the 
 same, and may determine the rate of tuition for such pupils and collect 
 the same, which tuition shall not be greater than twenty (20%) per 
 cent, more than the average cost per capita for education based on the 
 average number of pupils belonging to the school throughout the previous 
 school term. When non-resident pupils, their parents or guardians, pay 
 a school tax in any district, such pupils shall be admitted to the school 
 of such district, and the amount of such school tax shall be credited on 
 their tuition in a sum not to exceed the amount of such tuition, and they 
 shall be required to pay tuition only for the difference therein. 
 
 Sec. 30. Laws Repealed. — The following Sections of the Revised 
 Statutes of New Mexico of 1897 are hereby repealed: 1514, 1515, 
 1520, 1526, 1559, 1593, 1594, 1595, 1596, 1612, 1613, 1614. 
 1615, 1616, 1625, 3659, 1537, 1534, 1544, 1558, 1516, 1518. 
 1519, 1521, 1522, 1523, 1527, 1598, 1599. 1531, 1554. 1524. 
 1525, 1543, 1546. 
 
 That portion of Section 1535 of Compiled Laws of 1897 from the 
 beginning to and including the word "p^^ovided" in the sixteenth (16) 
 line, and the clause beginning **and they shall'* in line twenty-two (22) 
 to and including "Section one thousand five hundred and forty-three*' 
 in the line twenty-six (26) ; and Sections 1 , 2, 4, and 6, Chapter 27. 
 
70 COMPILATION OF THE SCHOOL LAWS 
 
 session laws of 1901, are hereby repealed. Section 3 of Chapter 2 7 
 Session Laws of 1901 is also amended by taking out the words "or 
 towns" in the fourth (4) line and substituting "ten (10) mills" for 
 "seven and one-half (lYz) mills" in the ninth (9) line thereof. Sec- 
 tion 4, Chapter 98, Session Laws of 1901 is hereby repealed. 
 
 Session laws of 1903, Chapter 23, an act providing for the writing 
 and publishing of the history of New Mexico; Sections 1, 3, 4, 5, and 
 14, Chapter 1 19, "An Act to harmonize and strengthen the existing 
 school laws and for other purposes" and Chapter 1 20, "An Act to 
 regulate county institutes" are hereby repealed. 
 
 Section 1 8, Chapter 80, Session Laws of 1 899 ; Section 1 , Chapter 
 21, and Section 12, Chapter 90, Session Laws of 1901 ; Section 10, 
 Chapter 108, and Section 1, Chapter 74, Chapter 23, Chapter 100, 
 Laws of 1903; Section 4, Chapter 48, Section 5, Chapter 60,. Laws 
 of 1 905 are hereby repealed. 
 
 Section 1532 (as amended), of the Revised Statutes 1897 is hereby 
 amended by substituting "March" for "May" in line twelve, "April" 
 for "June," in line fourteen, "April" for "June" in line twenty, "May ' 
 for "July" in line twenty-four, and "May" for "July" in line twenty- 
 six. 
 
 Section 2, Chapter 55, Laws of 1901, is hereby amended by msert- 
 ing the expression, "except in case of election to fill vacancy for unex- 
 pired term," after the word "for" in line two, and by substituting 
 "May" for "July" in Hne four: Provided, however. That the term of 
 office of school director elected for 1907 under the provisions of these 
 amended acts shall begin on the first Monday in July, 1907, and end 
 on the first Monday in May, 1 908. 
 
 Chapter 73, "An Act to authorize the territorial board of education 
 to issue certificates to normal institute conductors, to harmonize the 
 school laws of 1905, and for other purposes" is hereby repealed. 
 
 Sec. 3 1 . Immediate Effect. — All acts and parts of acts in conflict 
 with this act are hereby repealed, and this act shall be in effect from 
 and after its passage. 
 
Extracts from Laws of 1909 
 
 CHAPTER XII. 
 
 Be it Enacted b^ the Legislative Assembly of the Territory of New 
 
 Mexico : 
 
 Section 1 . That the act of the Legislative Assembly of the Ter- 
 ritory of New Mexico, approved February 18, 1882, entitled "An Act 
 to make the town of Silver City an independent school district, and to 
 provide for the regulation and support of such school district" be and 
 the same is hereby repealed. 
 
 Sec. 2. That all territory embraced within the corporate limits of 
 the town of Silver City in the County of. Grant, shall hereafter be sub- 
 jected to the general laws of the Territory of New Mexico with ref- 
 erence to boards of education in town, being Sections 1 5 63 to 1 60 1 of 
 the Compiled Laws of the year 1897, and other general laws with ref- 
 erence to boards of education of towns. 
 
 Sec. 3. That the board of trustees of said independent school 
 district shall until the next town election for the town of Silver City be 
 and constitute the board of education of the town of Silver City of the 
 Territory of New Mexico, and shall have all powers and be subject to 
 all liabilities of such board of education as constituted by such general 
 public laws relating to incorporated towns. 
 
 Sec. 4. At the next election for the town of Silver City, there 
 shall be elected a board of education for said town, consisting of three 
 members, who shall hold their offices until their successors shall be 
 elected and qualified under the general school law. 
 
 Sec. 5. That the board of trustees of said independent school 
 district shall and it is hereby authorized and required to at once turn 
 over, transfer and convey to the board of education of the town of Sil- 
 ver City of the Territory of New Mexico, all property and funds of 
 said independent school district in their hands or in their custody or 
 control, and the same shall become the property of said board of edu- 
 cation of the town of Silver City of the Territory of New Mexico. 
 
 Sec. 6. That the treasurer of the County of Grant, be and he is 
 hereby authorized and directed to turn over to the treasurer of the town 
 of Silver City as ex-officio treasurer of the board of education of the 
 town of Silver City of the Territory of New Mexico, all money now 
 in his hands, or which may hereafter come to his hands, levied or as- 
 sessed, for the benefit of the said independent school district, after such 
 
72 COMPILATION OF THE SCHOOL LAWS 
 
 treasurer has executed a bond as provided by Section 1571 of the 
 Compiled Laws of the Territory of New Mexico for 1897. 
 
 Sec. 7. This act shall be in full force and effect from and after 
 its passage. 
 
 CHAPTER XXXVI. 
 
 An Act Providing for the Removal of Officers Who Fail to Comply 
 rvith Their Duties. 
 
 CHAPTER XLIII. 
 Be it Enacted t\j the Legislative Assembly of the Territory of New 
 
 Mexico : 
 
 Section 1 . The annual compensation of County School Superin- 
 tendents provided for in Section 21 of Chapter 97 of the Acts of the 
 37th Legislative Assembly may be paid out of the general county school 
 fund quarterly upon warrants issued by the Board of County Commis- 
 sioners as other salaries are paid, or said salary may in the discretion of 
 the Board of Commissioners be paid out of the general county fund. 
 
 Sec. 2. All moneys paid during the year 1 909 to county superin- 
 tendents out of the general county fund may be returned to such fund 
 from the general county school fund. 
 
 Sec. 3. This act shall take effect and be in force from and after 
 its passage and approval, and all acts and parts of acts in conflict here- 
 with are hereby repealed. 
 
 CHAPTER XLVIIL 
 
 Be it Enacted by the Legislative Assembly of the Territory of New 
 
 Mexico : 
 
 Sec. 1 . That the indebtedness of School District No. 8, County 
 of Guadalupe, Territory of New Mexico, in the sum of seven hundred 
 dollars ($700.00) due to the First National Bank of Santa Rosa, New 
 Mexico, is hereby validated and made binding upon said school dis- 
 trict. 
 
 Sec. 2. That for the payment of the indebtedness mentioned in 
 Section 1 , of this act, the Board of School Directors of School District 
 No. 8, Guadalupe county, are hereby authorized and directed to make 
 and issue its bonds in the sum of one hundred dollars each, or any mul- 
 tiple thereof in the aggregate sum of seven hundred dollars ($700.00), 
 to be dated July 1 , 1 909, bearing interest at the rate of five per centum, 
 payable semi-annually, until paid, and payable twenty years after date. 
 
OF THE STATE OF NEW MEXICO 73 
 
 and to deliver said bonds to the treasurer of the said County of Guada- 
 lupe; and the said treasurer upon receipt of said bonds shall sell the 
 same to the highest and best bidder for cash, and at not less than par, 
 and the proceeds from said sale shall be deposited by said treasurer as a 
 special deposit subject to the warrants to be drawn as herein specified by 
 said Board of School Directors, and said treasurer shall notify said 
 board of said sale. 
 
 Sec. 3. That said Board of School Directors of said School Dis- 
 trict No. 8, upon being informed of the sale of said bonds, by the 
 treasurer, shall make out their warrants in favor of the parties named in 
 Section 1 of this act, for the amount due them, which warrants shall 
 be paid by the treasurer of said county out of the proceeds derived from 
 the sale of said bonds. 
 
 Sec, 4. All acts and parts of acts in conflict herewith are hereby 
 repealed and this act shall take effect and be in full force from and after 
 its passage. 
 
 CHAPTER CXIX. 
 
 Be it Enacted by the Legislative Assembly of the Territory of New 
 
 Mexico : 
 
 Section I . That the terms and conditions of the acts of Congress 
 providing for the distribution among the states and territories of the 
 United States of a portion of the revenues derived from forest reserves 
 be, and the same are hereby accepted. 
 
 Sec. 2. Immediately after the passage and approval of this act, 
 the treasurer of the Territory of New Mexico shall transmit to the treas- 
 urers of the various counties in which forest reserves are situated, the 
 proportion of money in his hands from the source herein mentioned 
 which shall be due such county, such proportion to be based upon the 
 number of acres of forest reserves in such county. 
 
 Sec. 3. That such moneys shall be applied in the different coun- 
 ties to which the same is transmitted, one-half thereof to the credit of 
 the General County School Fund and one-half to the credit of the 
 County Road Fund: Provided, That in the Counties of Socorro and 
 Grant one-half of such moneys apportioned to said counties, shall be 
 credited to the Territorial Road Fund instead of the County Road 
 Fund, and shall be expended under the supervision of the Territorial 
 Road Commission upon roads within such counties to which such funds 
 may be apportioned. 
 
 Provided, further. That the County Commissioners of any county 
 desiring to co-operate with said Territorial Commission in the building 
 
74 COMPILATION OF THE SCHOOL LAWS 
 
 of any public road may cause a special levy of five mills upon each 
 dollar of taxable property the proceeds of which may be made avail- 
 able, subject to the expenditure under direction of said Territorial Road 
 Commission. 
 
 Sec. 4. No officer shall receive any compensation for the receipt, 
 handling or disbursement of said funds, and any officer who shall ap- 
 ply said funds to any other purpose than the purpose mentioned herein 
 and in the acts of Congress referred to, shall forfeit treble the amount 
 so misapplied and shall be immediately removed from office. 
 
 Sec. 5, This act shall take effect and be in force from and after 
 its passage. 
 
 CHAPTER CXXI. 
 Be it Enacted b^ the Legislative Assembly) of the Territory of Nen? 
 
 Mexico : 
 
 Section 1. Section 1555 of the Compiled Laws of 1897, as 
 amended by Chapter 39 of the Laws of 1903, is further amended by 
 adding at the end thereof: Provided, That the private or denomina- 
 tional school shall be equal in its teaching to the public school of the 
 district; and Provided, further. That this section shall not apply to 
 children who live more than three miles from a public school. 
 
 Said Section 1555 is hereby further amended by substituting for "at 
 least three months in each year," in line seven of said section, the words, 
 ''during the entire time such school is in session in each scholastic year 
 in their respective school communities." 
 
 Sec. 2. Section 2 of Chapter 28 of the Laws of 1 903 is hereby 
 amended so that the first Hne will read: "The compilation, printing and 
 distribution of the pamphlets." 
 
 Sec. 3. Section 3 of Chapter 48 of the Laws of 1905, is here- 
 by amended by substituting "Lincoln Day" for "Flag Day," in line 3. 
 
 Sec. 4. The first sentence of Section I of Chapter 97 of the 
 Laws of 1907, entitled 'An Act to Revise arid Systematize the School 
 Laws of the Territory of New Mexico and for Other Purposes,' is 
 hereby amended so as to read as follows: 
 
 "Organization and Compensation. — There shall be a Territorial 
 Board of Education which shall consist of nine members: The Gov- 
 ernor, the Superintendent of Public Instruction, and seven members to 
 be appointed by the Governor for the term of five years each; five of 
 said seven appointed members to be selected from among the heads of 
 the Territorial educational institutions, the president of St. Michael's 
 College at Santa Fe, and the superintendents of schools in the four 
 
OF THE STATE OF NEW MEXICO 75 
 
 cities of the Territory ranking highest in population at the time of the 
 appointment; and two of said seven to be citizens interested in public 
 education who are not professional teachers, at least one of whom shall 
 be at the time of his appointment a county superintendent of schools, 
 these latter two to be appointed during March, 1909." 
 
 Sec. 5. Section 6 of said Chapter 97 of the Laws of 1907 is 
 hereby amended as follows: 
 
 In line fifteen (15) after the word "attend" insert "at least two 
 weeks of," and in line eighteen (18) just after word "year" insert 
 "teachers who hold a third grade county certificate or a permit to teach, 
 and who have taught at least three months of school during the twelve 
 months previous to the time of holding any county institute, may, upon 
 attendance upon a county institute for a full term of four weeks receive 
 the sum of fifteen dollars ($15) from the treasurer of the Territory, 
 upon the order of the Territorial Auditor of the funds arising from the 
 rental or sale of the common school lands of the Territory, upon pre- 
 senting to the Territorial Auditor a certificate from the county school 
 superintendent of the county in which the institute is held, and signed 
 by the institute conductor and the Territorial Superintendent of Public 
 Instruction, certifying that said teacher had complied with the provisions 
 of this act; and such teachers are also exempt from the institute fees 
 otherwise required." And, in Hne fifty-three (53) after the word 
 "purpose" insert ''Provided, That in counties where an institute is held 
 for a fiill term of four weeks the county treasurer shall set aside at 
 least fifty dollars ($50.00) more than that already provided for insti- 
 tute purposes." Said section is further amended by adding at the close 
 of said section the following: "But the legitimate expenses incidental to 
 conducting examinations ordered by the Territorial Board of Educa- 
 tion shall be considered as expenses incurred in connection with the 
 teachers' institute: Provided, That the Territorial Board of Education 
 shall have the power to waive the holding of any county normal insti- 
 tute in counties where authorized summer schools are held and in coun- 
 ties adjacent thereto." 
 
 Sec. 6. Section 1 1 of said Chapter 97 of the Laws of 1907, is 
 hereby amended by adding the following paragraphs: "The superin- 
 tendent of public instruction shall at the request of any county school 
 superintendent or other school officer, give his opinion UDon a written 
 statement of the facts on any question or controversy arising out of the 
 interpretation and constructicn of school laws and shall keep a record of 
 all such decisions. 
 
 Upon giving such opinion the superintendent may submit the state- 
 ment of facts to the attorney general for his advice thereon. It shall be 
 
76 COMPILATION OF THE SCHOOL LAWS 
 
 the duty of the attorney general forthwith, to examine such statements 
 and suggest the proper decision to be made upon such facts." 
 
 Sec. 7. Section 13 of Chapter 97 of the Laws of 1907, is hereby 
 amended by substituting "Lincoln Day" for "Flag Day" in line one 
 and line fourteen. 
 
 Sec. 8. Section 20 of Chapter 97 of the Laws of 1907, is hereby 
 amended by adding at the close of the section: Provided, That the 
 county school superintendent is hereby authorized to leave in the county 
 school fund a sufficient amount to meet such warrants as may be legally 
 drawn against this fund as elsewhere provided by law." 
 
 Sec. 9. Section 21 of Chapter 97 of the Laws of 1907, is hereby 
 amended by striking out the words "county treasury" in Hne four and 
 inserting the words "general school fund of the county" and by inserting 
 in line twenty (20) after the expression "in counties of forty-three (43) 
 rooms or more as aforesaid" the following: "and in all counties of the 
 first class, as determined by the latest report of the Territorial traveling 
 auditor." 
 
 Sec. 1 0. Section 26 of Chapter 97 of the Laws of 1 907 is hereby 
 amended by striking out all from the word "and" in line eighteen to 
 "contract" in line twenty-four, inclusive. 
 
 Sec. 11. Section 18, Chapter 97, Laws of 1907, is hereby 
 amended by substituting "Territorial Board of Education" for the 
 the words "board of examiners of each county" in line fourteen thereof. 
 
 Sec. 12. Any member of the Board of Education, county school 
 superintendent, or other school officer who may violate the provisions of 
 this act or other acts concerning their powers and duties in connection 
 with school matters or who shall not faithfully perform all such duties 
 imposed under and by virtue of the law shall, on conviction thereof, be 
 fined in a sum not less than twenty-five dollars ($25.00) nor exceeding 
 five hundred dollars ($500.00). 
 
 Sec. 1 3. All acts and parts of acts in conflict with this act or any 
 part of this act are hereby repealed and this act shall be in full force 
 and effect immediately upon its passage. 
 
Extracts from the Laws of 1912 
 
 CHAPTER LXXXII. , 
 
 Sec. 1. — State Land Office Created. ' 
 
 That a State Land Office is hereby created, the executive officer of 
 which shall be the Commissioner of Public Lands, hereinafter called the 
 Commissioner, who shall have jurisdiction over all lands now owned or 
 hereafter acquired by the state, except as may be otherwise specifically 
 provided by law, and shall have the management, care, custody, control 
 and disposition thereof in accordance with the provisions of this act and 
 the law or laws under which such lands have been or may be acquired. 
 
 Sec. 2. — Commissioner, General Duties. 
 
 The Commissioner shall have a seal with an appropriate device 
 thereon; and such seal affixed to any contract deed, lease or other in- 
 strument executed by the Commissioner shall be prima facie evidence of 
 the due execution thereof. Said Commissioner shall receive and pass 
 upon all applications for leasing or purchasing state lands and timber; 
 and shall execute and authenticate for the state all deeds, leases, con- 
 tracts or other instruments affecting such lands. All such leases, deeds, 
 contracts and grants heretofore or hereafter executed shall be entitled to 
 record without acknowledgment, and record thereof in the county in 
 which the land described therein is situate shall be constructive notice to 
 all persons of the contents thereof. Said Commissioner shall have power 
 to provide all necessary books, blanks, records, property, equipment and 
 appurtenances of every kind whatsoever for the proper management of 
 said State Land Office and the lands under his control; to deed by 
 quit-claim or otherwise to the United States any or all claims that the 
 state may have in and to lands within any private land grant or reserva- 
 tion made or confirmed in pursuance of authority of Congress, or to such 
 of its lands as may be needed by the United States or for reclamation 
 of water power sites for the purpose of selecting indemnity lands there- 
 for; also to such of its lands as may be desired by the United States 
 for agricultural experiment purposes; to collect all monies due to the 
 state for the lease, purchase or use of state lands; to receive all monies 
 due the state derived from any state lands and credit said monies so 
 received to the separate funds created for the respective purposes named 
 in grants by Congress, or otherwise, and he shall pay over to the State 
 
78 COMPILATION OF THE SCHOOL LAWS 
 
 Treasurer, on or before the tenth day of the next succeeding month, all 
 such monies received during each month to be credited to the several 
 funds respectively entitled thereto. He shall keep a full and complete 
 record of all his official acts and shall submit to the Governor each 
 year a report bearing date the first day of December, and at any other 
 time on request, which shall contain a statement of the business and 
 expenses of said State Land Office and the amount of monies received 
 and turned over by him to the State Treasurer for each fund, together 
 with such recommendations as he may deem proper for the better man- 
 agement and control of state lands. He shall cause to be printed bien- 
 nially, for the use and information of the legislature, the annual reports 
 thus made to the Governor for the two years preceding each regular 
 session thereof, and he shall charge the cost of such printing to the State 
 Lands Maintenance Fund hereinafter created. He shall make rules 
 and regulations for the control, management, disposition, lease and sale 
 of state lands and perform such other duties as may be prescribed by 
 law. 
 
 (For full information, laws, rules, etc., concerning public school 
 lands, address the Commissioner of Public Lands, Santa Fe, N. M.) 
 
 Note. — The following extracts are taken from the constitution: 
 . The Commissioner of Public Lands is an Executive Officer elected 
 for a term of four years and is eligible to succeed himself. (Art. V, 
 Sec. 1.) 
 
 Commissioner, Controls State Lands. 
 
 The Commission of Public Lands shall elect, locate, classify and 
 have the direction, control, care and disposition of all public lands, un- 
 der the provisions of the Acts of Congress relating thereto and such 
 regulations as may be provided by law. (Constitution, Art. XIII, 
 
 Sec. 2.) 
 
 CHAPTER X. 
 
 Columbus Day. 
 Section 1 . That to commemorate the discovery of America by 
 Christopher Columbus, the twelfth day of October shall hereafter be a 
 legal hoHday, and shall be known as Cclumbus Day. 
 
 CHAPTER XIII. 
 
 An Act to Enable School Districts to Borrow Money for the Purpose 
 of Erecting and Furnishing School Buildings and Purchasing School 
 Grounds., House Bill No. 123 Approved May 29, 1912. 
 
 Section I . That every school district, whether organized under 
 the name of "school district'.' or under the name of "board of educa- 
 
OF THE STATE OF NEW MEXICO 79 
 
 tion," shall have power and authority to borrow money for the purpose 
 of erecting and furnishing school buildings and purchasing school 
 grounds, but such power or authority shall exist only when the proposi- 
 tion to create the debt shall have been submitted to the qualified electors 
 of the district, and approved by a majority of those voting thereon. No 
 such school district shall ever become indebted in an amount, including 
 existing indebtedness, exceeding six per centum on the assessed valuation 
 of the taxable property within the district as shown by the preceding 
 general assessment. 
 
 Sec. 2. All laws relating to issuing and payment of bonds, interest 
 thereon, and elections to authorize the same, shall be and remain in 
 force as though this act had not been passed, except the provisions of 
 said laws which are in conflict with the provisions of this act. 
 
 CHAPTER XXIX. 
 
 An Act to Provide for the Study of the Nature of Alcoholic Drinks 
 and Narcotics and of Their Effects Upon the Human System. . Senate 
 Substitute for. Senate Bill No. 41 Approved June 8, 1912. 
 Be It Enacted by the Legislature of the State of Neiv Mexico: 
 
 Section 1 . That the nature of alcoholic drinks and narcotics, 
 and special instruction as to their effects upon the human system, in con- 
 nection with the several divisions of the subjects of physiology and hy- 
 giene, shall be included in the branches of study taught in the public 
 schools, and shall be studied and taught as thoroughly and in the same 
 manner as other like required branches are in said schools, by the use 
 of text books in the hands of pupils where other branches are thus 
 studied in said schools, and by all the pupils in all said schools through- 
 out the state. 
 
 Sec. 2. Adequate time and attention shall be given to instruction 
 in this branch of study in the state educational institutions, in the New 
 Mexico Reform School at Springer and in all teachers' institutes, and 
 competent lecturers on this subject shall be secured for teachers' institutes. 
 
 Sec. 3. That it shall be the duty of the proper officers in control 
 of any school or institution described in the foregoing sections to enforce 
 the provisions of this act; and any such officer, school director, superin- 
 tendent, or teacher, who shall refuse or neglect or fail to make proper 
 provisions for the instruction required and in the manner specified by this 
 act, for all the pupils in each and every school or institution under his 
 jurisdiction, shall be removed from office, and the vacancy filled as in 
 other cases. 
 
 Sec. 4. That no certificate shall be granted to any person to teach 
 
80 COMPILATION OF THE SCHOOL LAWS 
 
 in the public schools who has not passed a satisfactory examination to 
 enable him to properly teach the branches of study provided for in- 
 this act. 
 
 Sec. 5. All Acts and parts of Acts in conflict herewith are hereby 
 repealed. 
 
 CHAPTER XXXVII. 
 
 An Act to Fix the Term of Office of the Members of the State Board 
 of Education Other Than the Governor and Superintendent of Public 
 Instruction. Senate Bill No. 188 Approved June 8, 1912. 
 Be It Enacted b]) the Legislature of the State of Neiv Mexico: 
 
 Section I. That the term of office of the members of the State 
 Board of Education, required to be appointed by the Governor, shall 
 be four years, and until their successors qualify except that the term of 
 such members first appointed shall expire on the second Monday in Janu- 
 ary after the next general el'iction. 
 
 Sec. 2. All acts and parts of acts in conflict herewith are hereby 
 repealed. 
 
 CHAPTER XLI. 
 
 An Act to Encourage the Instruction in the History and Civics of the 
 United States rvith Special Reference to the History and Civics of the 
 State of New Mexico. Senate Bill No. 169, (as amended). Ap- 
 proved June 8, 1912. 
 Be It Enacted by the Legislature of the State of New Mexico: 
 
 Section 1 . That hereafter no teacher of the first and second 
 grades shall be granted a certificate to teach, by the Board of Education 
 of the State of New Mexico, unless said teacher shall have passed a 
 satisfactory examination in the History and Civics of the United States, 
 as well as the History and Civics of the State of New Mexico. 
 
 Sec. 2. It shall be the duty of the teachers in the public schools 
 in the State to give such instruction as is practicable in the History and 
 Civics of the United States with special reference to the History and 
 Civics of the State of New Mexico, which said instruction may be given 
 orally or by study of text books covering the subject and which said 
 text books shall have been adopted by the State Board of Education. 
 
 Sec. 3. The said History and Civics of the State of New Mexico 
 shall be prepared by a known historian of the State and shall be sold 
 at a price to be fixed by the State Board of Education not to exceed one 
 dollar per volume. 
 
 Sec. 4. This act shall be in full force and effect from and after 
 the time prescribed by the Constitution of New Mexico. 
 
.j^ OF THE STATE OF NEW MEXICO 81 
 
 CHAPTER XLIII. 
 
 An Act Providing for the Time of Election, and Fixing the Number 
 of Members of the Board of Education in Incorporated Cities. Senate 
 Substitute for Senate Bill No. 49, Approved June 8, 1912. . 
 
 Be It Enacted by the Legislature of the State of New Mexico: 
 
 Section 1 . That the board of education in each incorporated city 
 shall consist of five members, who shall have the qualifications provided 
 by law for members of boards of education in such cities, and who shall 
 be elected at large from such city, except as hereinafter provided. 
 
 Sec. 2. The qualified electors of such city and of the territory out- 
 side of said city attached thereto for school purposes, shall, on the first 
 Tuesday of April, in the year 1913, elect five members of the board of 
 education, two of whom shall hold this office for a term of two years 
 and three of whom shall hold their office for a term of four years, and 
 thereafter a regular election of members succeeding those whose terms 
 expire, shall be held on the first Tuesday of April of each odd num- 
 bered year. 
 
 Sec. 3. The election herein provided for shall be held, the returns 
 thereof made and canvassed, and the certificates of election issued in 
 accordance with the laws applicable to elections of officers of incor- 
 porated cities, except that no resignation shall be required. 
 
 Sec. 4. All acts and parts of acts m conflict herewith are hereby 
 
 repealed. 
 
 CHAPTER LI. 
 
 An Act Regarding the Revenues for the Public Schools, and Rc^ 
 pealing Section 25 of Chapter 97, LaTvs of 1907. Senate Bill No. 
 172, (as amended). Approved June 8, 1912. 
 
 Be It Enacted tp the Legislature of the State of New Mexico: 
 
 Section I . That the Board of County Commissioners of each 
 county shall annually levy and collect a tax of one-half of one mill on 
 the dollar upon all the taxable property in the county for the mainte- 
 nance of the public schools, the proceeds whereof shall be paid over to 
 the state treasurer as are other state taxes and shall be added to the 
 current school fund. 
 
 Sec. 2. That on the first Monday of March, June, September and 
 December in each year, the State Treasurer shall credit one-half of the 
 current school fund to a separate fund to be known as the reserve fund 
 which shall be used for the maintaining of a school for the full period 
 of five months. The treasurer shall make a complete statement of all 
 the monies in said current school and reserve funds and certify the same 
 to the Superintendent of Public Instruction. 
 
82 COMPILATION OF THE SCHOOL LAWS 
 
 Sec. 3. Within twenty days thereafter, the said Superintendent 
 shall make an apportionment of the money in the said current school 
 fund among the several counties pro rata according to the enumeration 
 of children of school age in each county, as shown by the latest returns 
 from the county superintendent of schools and shall certify the appor- 
 tionment for each county to the state treasurer and auditor and to the 
 treasurer and superintendent of schools in each county, and the said 
 auditor shall draw his warrant on the state treasurer in favor of the 
 proper county treasurer for the amount apportioned to his county, and 
 said money shall become a part of the general county school fund, and 
 shall be apportioned as other monies in said fund. 
 
 Sec. 4. That the reserve fund described in Section 2 of this Act 
 shall be distributed among school districts in which the income from the 
 annual special school tax of fifteen mills plus the regular apportionment 
 from the county general school fund shall not be sufficient for the main- 
 taining of school for the full period of five months, and the reserve fund 
 shall be so distributed among such districts as to enable each district lo 
 hold school for the said period. That for the purpose of this act the 
 words, "district or school district" shall include cities, towns, and vil- 
 lages, and districts outside of such municipalities. 
 
 Sec. 5. Whenever the income of a school district as hereinbefore 
 set forth is not sufficient for the maintaining of a school for the full term 
 of five months, the county superintendent of schools of the county, in 
 which such district is situated, shall furnish the state superintendent with 
 evidence satisfactory to him of the existence of such fact. Upon being 
 satisfied thereof the state superintendent shall make requisition upon 
 said reserve fund through the state auditor in favor of the treasurer of 
 said county, to be by him credited to the proper school district, for such 
 amount as will be sufficient together with such income for the maintain- 
 ing of a school for the full term of five months in said district. Pro- 
 vided, however, that for the purpose of this act the amount which any 
 school district shall expend for maintaining a school for the full term of 
 five months shall not exceed the fum of three hundred dollars for each 
 school room, and that for the purposes of this act, no school district shall 
 be entitled to more than one school room for each fifty children of school 
 age or fraction thereof in such district. 
 
 NOTE: — At the end of each fiscal year, the state treasurer shall 
 set aside the balance remaining in said reserve fund as a separate 
 fund, half of which shall be used in building school houses in districts 
 unable to erect and furnish such houses. 
 
 Sec. 6. The school directors of each school district and the boards 
 of education of cities, towns, and villages, whether incorporated under 
 general or special laws, shall have power and are hereby required to 
 
OF THE STATE OF NEW MEXICO 83 
 
 provide by purchase or lease suitable school houses, to keep said school 
 houses in repair, to provide same with necessary furniture and fuel, to 
 provide for the payment of teachers' w^ages and interest on school bonds 
 and for the redemption thereof, and defray all other contingent ex- 
 penses connected with the proper conduct of the public or common 
 schools. 
 
 Sec. 7 // shall be the duly of such school directors and boards of 
 education on or before the first da}) of June in each y^ear to make and 
 certify to the board of county commissioners of their respective counties 
 an estimate of the amount of funds necessary^ for such purposes for the 
 ensuing year. 
 
 Sec. 8. The board of county commissioners of each county shall 
 annually at the time of levying other taxes levy a special school tax upon 
 all the taxable property in each of such districts, including the territory 
 attached to any school district for school purposes, which together with 
 the other revenues provided by laTv, will be sufficient to produce the 
 amount required for such purposes as stated in such estimate. In case 
 said board shall disapprove such estimate or in case the school directors 
 of any district or any board of education fail to make an estimate, the 
 board of county commissioners shall levy such special school tax for 
 such district as in its opinion will be sufficient to provide the necessary 
 funds for the purposes specified in Section 6 hereof : Provided, that the 
 special school tax which may be levied in accordance with the provis- 
 ions of this act shall not exceed fifteen mills in districts other than incor- 
 porated cities, towns and villages, and twenty mills in such cities, towns 
 and villages. 
 
 The proceeds of such special school tax for such cities, towns and 
 villages shall be paid to the treasurers of the several boards of educa- 
 tion. The county treasurer shall take duplicate receipts therefor, one of 
 which he shall file in his office and the other he shall transmit to the clerk 
 of the proper board of euucation. 
 
 The proceeds of such special school tax for school districts other than 
 incorporated cities, towns and villages shall be credited by the county 
 treasurer to the respective school districts. 
 
 Sec. 9. To further provide the necessary funds for the conduct of 
 the public schools of the county, the board of county commissioners shall 
 annually on or before the first day of August in each year, levy a gen- 
 eral county school tax of three mills on the dollar upon all the taxable 
 property of the counties to be assessed and collected as other taxes are 
 assessed and collected. The proceeds of this levy shall be placed to 
 the credit of the general county school fund. 
 
 Sec. 10. Any surplus in the sinking fund of any school district 
 
84 COMPILATION OF THE SCHOOL LAWS 
 
 may be applied by the directors of said district to the building of addi- 
 tional school houses or to the enlargement of their present school build- 
 ings. 
 
 Sec. 1 1. That Section 25 of Chapter 97 of the Lam of 1907, 
 and Chapter 1 25 of the Laws of 1 909 and all acts and parts of acts in 
 conflict herelpith are hereby repealed. 
 
 Sec. 12. That it is necessary for the preservation of the public 
 peace and safety of the inhabitants of the State of New Mexico, that the 
 provisions of this act shall become effective at the earliest possible time, 
 and therefore an emergency is hereby declared to exist, and this act 
 shall take e£Fect and be in full force and effect from and after its passage. 
 
 CHAPTER LII. 
 
 An Act to Empower the State Board of Education to Prescribe and 
 Adopt a Course of Study in Industrial Education for the Public Schools 
 and Require its Teaching in said Schools. And for the Appointment 
 by the State Superintendent of Public Instruction of a State Director of 
 Industrial Education, and Defining the Duties of Such Director and 
 Providing for Compensation; Senate Bill No. 187, (as amended). 
 Approved June 10, 1912. 
 
 Be It Enacted by the Legislature of the State of New Mexico: 
 
 Section 1. That the State Board of Education is hereby em- 
 powered to prescribe and adopt a Course of Study in Industrial Edu- 
 cation, including domestic science, manual training and agriculture, and 
 make such necessary rules and regulations for its teaching in the public 
 schools. In the preparation of the Institute Manuals for the coming 
 year, the State Board of Education may include a course of study in 
 Industrial Education and may require all teachers attending County 
 Institutes and Summer Normal Schools to pass an examination in one or 
 more of the branches of industrial education. 
 
 Sec. 2. That the State Superintendent of Public Instruction is 
 hereby empowered and directed to appoint a State Director of Indus- 
 trial Education, who shall be proficient in the several branches of such 
 education, and who shall, under the direction and supervision of the 
 State Superintendent, have the general charge of the introduction and 
 teaching of industrial education in such of its branches and in such of 
 the public schools of the state as shall be deemed advisable by the State 
 Superintendent and the said Director of Industrial Education, and the 
 said Director shall perform such other duties as may be prescribed by 
 the State Superintendent. 
 
 Sec. 3. That said Director of Industrial Education shall receive 
 
OF THE STATE OF NEW MEXICO 85 
 
 an annual salary of One Thousand Dollars, payable in like manner as 
 is provided for the payment of the salary of the State Superintendent of 
 Public Instruction, and shall further receive as a part of the salary of 
 said office the sum of thirty dollars from all counties of class "A", the 
 sum of twenty-five dollars from all counties in class "B", and the sum 
 of twenty dollars from all counties of class "C," "D," and "E," said 
 above sums to be set apart by each of the county treasurers in like man- 
 ner as county institute funds are now provided to be set aside and under 
 like conditions; provided, the said county sums are only to be paid said 
 State Director of Industrial Education by said County Treasurer, upon 
 said Director's visiting and instructing in the various counties in indus- 
 trial education. 
 
 Sec. 4. That, to the end that said Director of Industrial Educa- 
 tion may visit the public schools so far as possible, make investigation of 
 school conditions and report same to the State Superintendent of Public 
 Instruction, together with recommendations as to the introduction and 
 teaching of industrial education, an annual appropriation of Six Hun- 
 dred Dollars, or such part thereof as may be required, is hereby made 
 for traveling expenses in visiting schools and supervising the mtroduction 
 and teaching of industrial education in said schools payable upon pre- 
 sentation of certified vouchers, duly approved by the State Superintend- 
 ent of Public Instruction, and warrants drawn by the State Auditor 
 upon the State Treasurer. 
 
 Sec. 5. All acts and parts of acts in conflict with this act are 
 hereby repealed. 
 
 Sec. 6. That it is ncccssar}) for the preservation of the public peace 
 and safety of the inhabitants of the State of Next) Mexico, that the pro- 
 visions of this Act shall become effective at the earliest possible time, 
 and therefore an emergency is hereby declared to exist, and this act shall 
 take effect and be in full force and effect from and after its passage. 
 
 CHAPTER LVII. 
 
 An Act for the Establishment of County High Schools, and Provid- 
 ing for the Maintenance Thereof. Senate Substitute for Senate Bill 
 No. 29, Approved June 10, 1912. 
 
 Be It Enacted by the Legislature of the State of New Mexico: 
 
 Section 1 . That county high schools may be established as here- 
 inafter provided in each county of this state having a population of five 
 thousand or more inhabitants as shown by the last federal census. 
 
 Sec. 2. When petitioners to the number of one-fifth of the electors 
 of the county, including women qualified as provided by Section I , 
 Article VII. of the State Constitution, shall petition to the board of 
 
86 COMPILATION OF THE SCHOOL LAWS 
 
 county commissioners of any county of the class provided for in section 
 one requesting an election be called to determine the question of estab- 
 lishing a county high school in such county at a place named in said 
 petition, it shall be the duty of said board of county commissioners to 
 call an election for said purpose not less than thirty days followmg the 
 meeting of said board at which such petition is received. Said election 
 shall, in all matters not herein provided for, be called, conducted and the 
 returns made and canvassed as now provided by law for the election of 
 county officers. At said election the ballots shall read "For a county 
 
 high school at " and "Against a county high 
 
 school at ." If a majority of votes cast at said 
 
 election shall be in favor of establishing such high school it shall be the 
 duty, of said board to establish a high school at the place named in said 
 petition by executing a certificate under the seal of said board, of which 
 certificate duplicates shall be delivered to the county clerk and the as- 
 sessor of said county. 
 
 Sec. 3. All children of school age residing in said county who 
 have passed the elementary course of study in the eighth grade, as pre- 
 scribed by the Board of Education of the State or the district wherein 
 any such school is located, shall be admitted to such county high school 
 free of tuition. 
 
 Sec. 4. The management and government of each of said high 
 schools shall be under the control of the Board of Education or school 
 directors of the city or district where said school is established and main- 
 tained. 
 
 Sec. 5. The county superintendent, by virtue of his office, shall 
 be a member of said board. All members of the board of education or 
 school directors, except the school superintendent, shall be elected and the 
 board shall organize in the same manner as now provided by law except 
 that women qualified as provided in section one of this act shall have 
 the right to vote and hold the office of a member of the board of edu- 
 cation or school director in the city or district where the county high 
 school is established. 
 
 Sec. 6. For the purpose of maintaining county high schools the 
 boards of education or school directors of all the county high schools 
 established in any county of the state under this act shall be permitted 
 to levy, in addition to the levies now provided by law, an additional 
 levy to be known as the county high school levy which shall not exceed 
 two mills upon the dollar. 
 
 Sec. 7. Said levy made for county high schools shall be certified 
 to the county clerk of the county in which said high school or schools 
 are situate by the president and secretary of each of said boards and 
 
OF THE STATE OF NEW MEXICO 87 
 
 the county clerk is hereby directed to certify the same to the assessor of 
 said county who shall place the same upon the tax rolls of said county 
 and said taxes shall be collected in the same manner as other taxes, and 
 when collected the county treasurer shall place the same to the credit of 
 the district or districts where any such county high school or schools are 
 situate, in a separate fund known as the County High School Fund. 
 
 The treasurer of said county shall apportion said high school fund 
 among the high schools of the county established under this act, if there 
 be more than one such high school, in the ratio shown by the number of 
 children attending such high schools during the preceding year. Pro- 
 vided, however, that no child shall be counted in determining said ratio 
 who has attended said high school for less than half of the regular ses- 
 sion of its high school year. At the end of each high school year the 
 president and secretary of the board or school directors of each district 
 having such high school shall certify under oath to the treasurer of the 
 county the number of such pupils attending the high school during the 
 precedmg year as the basis for apportionment of the county high school 
 fund. Provided, further. That only one such county high school shall 
 be established in any county of the state during any one year, and that 
 when an additional county high school shall be established it shall 
 receive during the first school year not to exceed one-third of the moneys 
 then in the county high school fund. Provided, further. That where 
 hig'i schools now located in counties are established and designated as 
 county high schools, the limitation hereinabove made to the number of 
 shrdlu etaoi shrd etao shrdl etaoi shrdl etaoi shrdlu shrdlupupupusessst 
 county high schools established in any one year shall not apply and the 
 county high school fund shall be apportioned among such schools on 
 the basis of attendance during the preceding high school year of such 
 schools. 
 
 Sec. 8. It is hereby expressly provided that the cost of site, loca- 
 tion of building and erection and cost thereof for any such county high 
 school shall be entirely borne by the district where such high school is 
 established, and the county high school fund hereinbefore provided for 
 shall be used only for the maintenance and operation of the said county 
 high school or high schools. 
 
 Sec. 9. The board of education or school directors of the district 
 where any such county high school is established shall proceed as soon 
 as practicable after the establishment of said county high school to secure 
 the necessary site and buildings and are hereby authorized to bond the 
 said district as now provided by law for the purpose of providing the 
 necessary site and buildings. 
 
 Sec. 10. The board of education or school directors of the dis- 
 
88 COMPILATION OF THE SCHOOL LAWS 
 
 trict where any such county high school is established shall add to the 
 course of study provided for such school the additional branches of 
 manual training, domestic science, the elements of agriculture and com- 
 mercial science. 
 
 Sec. 1 1 . The board of education or school directors of the dis- 
 trict where any such county high school is established shall employ and 
 discharge teachers, regulate their salaries and shall have the power and 
 authority to make all necessary rules and regulations and to do all 
 things for the proper management and control of said county high school. 
 
 Sec. 1 2. This law shall be in full force and effect, as provided by 
 law, after its passage and approval. 
 
 CHAPTER LXIV. 
 An Act to Amend Section Two of Chapter 103 of the Acts of the 
 Legislative Assembly of New Mexico of the Year 1909; and Provid- 
 ing Thai the Moneys of the Board of Trustees of the Town of Las 
 Vegas Shall Constitute a Permanent School Fund and be Invested in 
 Certain Interest-Bearing Bonds. House Bill No. 262, Approved June 
 10. 1912. 
 
 Be It Enacted fep the Legislature of the Stale of New Mexico: 
 
 Section I. That Section 2 of Chapter 103 of the laws of the 
 Legislative Assembly of the Territory of New Mexico of the year 
 1 909 be and it is hereby amended so as to read as follows : 
 
 Sec. 2. It shall be the duty of the Board of Trustees of the Town 
 of Las Vegas to invest any and all moneys now in its hands, or which 
 shall hereafter be received by it, excepting such amount as said court 
 may deem necessary to pay the current and other necessary expenses of 
 said Board, in interest-bearing bonds of the State of New Mexico, or 
 of any county, municipality, district or political subdivision thereof, 
 authorized to issue the same under the laws of this State, at not more 
 than their par value, and bearing interest at the rate of not less than 
 four per centum per annum; and the said moneys when so invested 
 shall constitute a permanent school fund as hereinafter provided, the 
 principal of which shall be under no circumstances lessened or impaired, 
 and shall remain inviolate: Provided, That no part of such moneys 
 shall be so invested nor shall any bonds be purchased without the ap- 
 proval of the District Court of San Miguel County, New Mexico: 
 Provided, further. That any of said fund may be temporarily deposited 
 with some bank or banks designated by said court, and the said board, 
 upon certificate of deposit bearing interest at the rate of not less than 
 four per centum per annum: Provided, further. That at any time in 
 
OF THE STATE OF NEW MEXICO 89 
 
 the judgment of the district court of San Miguel County and the said 
 board of trustees it becomes expedient, the whole of said interest or any 
 part thereof may be applied to the maintenance of an industrial manual 
 training school for boys and girls, which said school shall be located in 
 the town of Las Vegas. 
 
 CHAPTER LXXVII. 
 
 An Act to Distribute the Funds Derived from Collections of Delin- 
 quent Taxes Accruing Prior to the Year 191 1. Senate Bill No. 153, 
 Approved June 12, 1912. 
 
 Be It Enacted b^ the Legislature of the State of Nerv Mexico: 
 
 Section 1 . That all money collected and not distributed by the 
 treasurers and ex-officio collectors of the several counties in the state on 
 account of delinquent taxes accruing prior to the year 1911, shall be 
 distributed as follows: 
 
 That portion of said taxes levied for state purposes of any character 
 shall be paid into the state treasury and by the state treasurer covered 
 into the State Road Fund; all of the remainder of said taxes shall be 
 covered into the county road fund and count}) school fund; Provided, 
 That the apportionment of the said taxes as between the said count}) 
 road fund and the said county school fund shall be made in the discre- 
 tion of the county commissioners of each county; and provided further, 
 that no part of said delinquent taxes shall be covered into said school 
 fund or road fund until all valid floating indebtedness, outstanding and 
 omng fcp the respective counties, evidenced by claims approved by the 
 county commissioners prior to January first, 1911, shall have been 
 fully paid. 
 
 Sec. 2. All acts and parts of acts in conflict herewith are hereby 
 repealed. 
 
 Sec. 3. That it is necessary for the preservation of the public 
 peace and safety of the inhabitants of the State of New Mexico, that 
 the provisions of this Act shall become effective at the earliest possible 
 time, and therefore an emergency is hereby declared to exist, and this 
 Act shall take effect and be in full force and effect from and after its 
 passage. 
 
Extracts from the Laws of 1913 
 
 CHAPTER XV. 
 
 An Act Prohibiting Minors Under the Age of Eighteen Years to 
 Attend, Frequent and Loiter in or Around Pool Rooms, and Prescrib- 
 ing a Penalty for the Orvner, Proprietor or Agent to Permit Same. 
 Amended H. B. No. 110; Approved March 7, 1913. 
 
 Be It Enacted tp the Legislature of the State of NeTV Mexico: 
 Minors Prohibited from Loitering in Pool Rooms. 
 Section 1 . Minors under the age of eighteen years are hereby 
 prohibited from attending, frequenting or loitering in or about any pool 
 room in New Mexico. 
 
 Duties of Proprietors; Violation, Fine, Imprisonment. 
 
 Sec. 2. The owners or proprietors of any pool room in the State 
 of New Mexico, who shall permit minors under the age of eighteen 
 years to attend, frequent or loiter in or about the pool room shall, upon 
 conviction, before any court of competent jurisdiction, be fined in any 
 sum not exceeding Twenty Dollars together with the costs of the prose- 
 cution, and provided further, upon a second conviction, shall be fined in 
 a sum not exceeding Twenty Dollars and imprisonment in the county 
 jail not exceeding Thirty Days, together with the costs of prosecution. 
 
 Emergency; Act Elective Upon Passage and Approval. 
 
 Sec. 3. This Act is necessary for the preservation of the public 
 peace, health and safety, and shall therefore take effect immediately 
 upon its passage and approval, provided that it be passed by a two- 
 thirds vote of each House, but if passed by less than a two-thirds vote 
 of each House, it shall take effect ninety days after the adjournment of 
 the Legislature. 
 
 CHAPTER XVIII. 
 
 An Act Amending Section One of Chapter 11 of the Acts of the 
 First State Legislature, Approved June 12, 1912, Entitled, ''An Act to 
 Distribute the Funds Derived from Collections of Delinquent Taxes 
 Accruing Prior to the Year 1911." 5. R TVo. 161; Approved 
 March 11. 1913. 
 
OF THE STATE OF NEW MEXICO 91 
 
 Be It Enacted b^ the Legislature of the State of Nerv Mexico: 
 Amendment of Law 1912. 
 
 Section 1. That Section One of Chapter Seventy-seven of the 
 Acts of the First State Legislature, approved June twelfth, 1912, be, 
 and the same is hereby amended so as to read as follows: 
 Distribution of Taxes Accruing Prior to 191 1. 
 
 "Section 1 . That all money collected and not distributed by the 
 treasurers and ex-officio collectors of the several counties in the State on 
 account of delinquent taxes accruing prior to the year 191 1, shall be 
 distributed as follows: 
 
 That portion of said taxes levied for State purposes of any character 
 shall be paid into the State Treasury and by the State Treasurer cov- 
 ered into the State Road Fund; all of the remainder of said taxes shall 
 be covered into the County Road Fund and County School Fund; pro- 
 vided, that the apportionment of the said taxes as between the said 
 County Road Fund and the said County School Fund shall be made 
 in the discretion of the County Commissioners of each county; and 
 provided further, that no part of said delinquent taxes shall be covered 
 into said school fund or road fund until all valid floating indebtedness, 
 outstanding and owing by the respective counties, evidenced by claims 
 approved by the county commissioners prior to January first, 1911, 
 shall have been fully paid. And provided further, that this act shall 
 not extend to taxes heretofore levied for Court purposes and belonging 
 to the Court Fund of any county in the State, where in the opinion of 
 the Judge of the District Court of the district in which such county Is 
 situate, certified to the Treasurer of such county, the court fund of any 
 such county is insufficient with taxes levied and collected since the year 
 1911, to hold court and properly conduct the court business of such 
 county." 
 
 Emergency; Act Effective Upon Passage and Approval. 
 
 Sec. 2. That it is necessary for the preservation of the public 
 peace and safety of the inhabitants of the State of New Mexico that 
 the provisions of this Act shall become effective at the earliest possible 
 time, and therefore an emergency is hereby declared to exist, and this 
 Act shall take effect and be in full force and effect from and after its 
 
 passage. 
 
 CHAPTER XX. 
 
 An Act Entitled an Act to Amend Sections 1 and 7 of Chapter 
 57 of the Laws of 1912 of the State of New Mexico, Entitled an ''Act 
 for the Establishment of County High Schools and Providing for the 
 Maintenance Thereof." S. B. No. 118; Approved March 11, 1913. 
 
92 COMPILATION OF THE SCHOOL LAWS 
 
 Be It Enacted tp the Legislature of the State of New Mexico: 
 Count}) High Schools — How Established. 
 Section 1 . That Section 1 be amended to read as follows : 
 "Section 1 . That County High Schools may be established as here- 
 inafter provided in each county in this State." 
 
 Taxation; Lev}); Collection; Fund. 
 
 Sec. 2. That Section 7 of said Act be amended to read as fol- 
 lows: 
 
 "Section 7. Said levy made for County High Schools shall be cer- 
 tified to the County Clerk of the county in which said high school or 
 schools are situate by the president and secretary of each of said boards 
 and the county clerk is hereby directed to certify the same to the assessor 
 of said county who shall place the same upon the tax rolls of said county 
 and said taxes shall be collected in the same manner as other taxes, and 
 when collected the county treasurer shall place the same to the credit of 
 the district or districts where any such county high school or schools 
 are situate, in a separate fund known as the County High School Fund. 
 
 [Apportionment of Funds; Establishment of Schools] 
 The Treasurer of said county shall apportion said high school fund 
 among the high schools of the county established under this act, and if 
 there be more than one such high school, in the ratio shown by the 
 number of children attending such high schools during the preceding 
 year. Provided, however, that no child shall be counted in determin- 
 ing said ratio who has attended said high school for less than half of 
 the regular sessions of its high school year. At the end of each high 
 school year the president and secretary of the board of school directors 
 of each district having such high school shall certify under oath to the 
 treasurer of the county the number of such pupils attending the high 
 school during the preceding year as the basis for apportionment of the 
 county high school fund. Provided, further, that when an additional high 
 school shall be established it shall receive during the first school year not 
 to exceed one-third of the monies then in the county high school fund. 
 Provided, further, that more than one high school may be established 
 and designated as a county high school in any year, and in that case, 
 the county high school fund shall be apportioned among such schools on 
 the basis of attendance during the preceding high school year for such 
 schools. High schools now located and established in any county of 
 
OF THE STATE OF NEW MEXICO 93 
 
 the State shall be designated and established as county high schools as 
 provided in this act. 
 
 CHAPTER XXI. 
 
 An Act to Provide for the Publication of a Catalog of the Ancient 
 Spanish Archives of New Mexico, and Providing the Necessary Funds 
 Therefor. H. B. No. 175; Approved March II. 1913. 
 
 Preamble. 
 
 WHEREAS, the public interest wants the publication, in book 
 form of a catalog of the ancient archives of New Mexico, a portion of 
 which are now in the custody of the Government of the United States 
 at Washington, D. C, and the remainder thereof in the ofFice of the 
 United States Surveyor General for New Mexico at Santa Fe, N. M. ; 
 and 
 
 [Compilation of Ancient Spanish Archives Made.] 
 
 WHEREAS, there has been prepared by Ralph E. Twitchell, Esq., 
 a complete compilation of said archives in chronological order, with full 
 geological, genealogical, historical and biographical annotations, together 
 with a translation into the English language of all the edicts, decrees 
 and proceedings taken by the Governor and Captain-General of the 
 Province of New Mexico, Don Antonio de Otermin, at the time and 
 subsequent to the Pueblo rebellion of 1 680, relative thereto and the 
 causes therefor, together with a complete list of all private land claims 
 in this State finally passed upon and adjudicated by tribunals estab- 
 lished by the Government of the United States, and of other historical 
 documents and archives of importance to the people of New Mexico; 
 and 
 
 [Compilation Offered for Publication.] 
 
 WHEREAS, the writer and compiler thereof has tendered to [the] 
 State the manuscript thereof for publication by authority of the State; 
 and 
 
 WHEREAS, said work is of great value to the people of New 
 Mexico and the United States, 
 
 NOW THEREFORE: 
 
 Be It Enacted b}) the Legislature of the State of New Mexico: 
 Appropriation for Publication. 
 Section 1 . In aid of the expense of publication of said work, 
 which shall be known as the Spanish Archives of New Mexico, there Is 
 hereby appropriated out of any funds in the State Treasury, except 
 
94 COMPILATION OF THE SCHOOL LAWS 
 
 funds appropriated fcr the payment of interest on the public debt, the 
 sum of Thirty-Five Hundred Dollars, which shall be paid by the State 
 to the said Ralph E. Twitchell, his heirs or assigns, during the year 
 1914, when it shall appear that he has delivered or caused to be de- 
 livered to the Secretary of State of New Mexico two hundred copies 
 of said work. 
 
 Secretary) of State Custodian of Printed Volumes — Sale. 
 Sec. 2. The Secretary of State shall be the custodian of said 
 volumes which shall be used by said Secretary of State in exchange 
 with other States of the United States and foreign governments for pub- 
 lications by such states and governments, in supplying each High School 
 and other higher institutions of learning in New Mexico with one copy 
 thereof, the remainder, if any there shall be, to be disposed of by the 
 Secretary of State at a price not less than fifteen ($15.00) dollars per 
 copy, the receipts from the sales of which to be covered into the State 
 Treasury. 
 
 CHAPTER LXVII. 
 
 An Act Establishing Boards of Education in Incorporated Topns 
 and Villages, and Providing for the Election of Members of Such 
 Boards. S. Sub. S. B. No. 65; Approved March 15, 1913. 
 Be It Enacted b\) the Legislature of the State of New Mexico: 
 
 Board of Education Created for Incorporated Town or Village. 
 
 Section 1 . Hereafter there shall be elected, in each incorporated 
 town or village, a board of education which shall consist of five mem- 
 bers, who shall have the qualifications provided by law for members of 
 boards of education in incorporated cities, and who shall be elected at 
 large from any portion of the territory subject to the jurisdiction of such 
 board of education, as hereinafter otherwise provided. 
 
 Election of Board of Education. 
 Sec. 2. The qualified electors of such town or village, and those 
 residing within any portion of the territory subject to the jurisdiction of 
 said board of education shall, on. the first Tuesday of April in the year 
 1913, elect five members of the board of education, two or whom shall 
 hold office for a term of two years and three of whom shall hold office 
 for a term of four years, and thereafter a regular election for members 
 succeeding those whose terms expire, shall be held on the first Tuesday 
 of April of each odd numbered year. Provided, That in towns incor- 
 porated under special acts, said election shall be held on the second 
 Tuesday of April of each odd numbered year. Provided further, that 
 
OF THE STATE OF NEW MEXICO 95 
 
 the terms of all members of boards of education or school directors in 
 such towns and villages, now in office, shall terminate on the first Mon- 
 day of May, nineteen hundred and thirteen. 
 Manner of Holding Election and Convassing Returns — Registration. 
 
 Sec. 3. The election herein provided for shall be held, the returns 
 thereof made and canvassed, and the certificates of election issued in 
 accordance with the laws applicable to elections of officers of the re- 
 spective incorporated towns and villages wherein said Boards of Edu- 
 cation are hereby established, except that no registration shall be re- 
 quired. 
 
 Scope of Authority of Board. 
 
 Sec. 4. That the board of education hereby established shall have 
 sole control over schools and school property within the said incorporated 
 town or village, the territory thereto attached for school purposes, and 
 the school district of which said town or village, before incorporation, 
 was a part, all of which shall constitute the territory subject to the 
 jurisdiction of such board of education for school purposes only, to the 
 same extent as the territory located within the limits of such incorporated 
 town or village. 
 
 Powers of Board. 
 
 Sec. 5. That such board of education shall have all the powers 
 and privileges and be subject to all the duties and requirements pro- 
 vided by law for boards of education in incorporated cities and towns. 
 Emergence; Act Effective Upon Passage and Approval. 
 
 Sec. 6. That it is necessary for the preservation of the public 
 peace and safety of the inhabitants of the State of New Mexico, that 
 the provisions of this Act shall become effective at the earliest possible 
 time, and therefore an emergency is hereby declared to exist, and this 
 act shall take effect and be in full force and effect from and after its 
 passage. 
 
 CHAPTER LXX. ^ 
 
 An Act to Amend Section 7 of Chapter ]\9 of the Laws of 1903, 
 Entitled *'An Act to Harmonize and Strengthen the Existing School 
 Laws and for Other Purposes.'' Amend. S. B. No. 173; Approved 
 March 15, 1913. 
 
 Be It Enacted by the Legislature of the State of New Mexico: 
 
 Public School Building Contracts; 1903 Law Amended. 
 Section 1. Section 7 of Chapter 1 19 of the Laws of 1903 en- 
 titled "An Act to Harmonize and Strengthen the Existing School 
 
96 COMPILATION OF THE SCHOOL LAWS 
 
 Laws, and for Other Purposes," is hereby amended so as to read as 
 follows : 
 
 Contracts for School Buildings^ Bond; School Officers Not to Profit h}f 
 Contracts, Violation Voids Contract, Penalty; Duty of School Offi- 
 cers; Furniture and Fixtures. 
 
 "Sec. 7. Boards of education or school directors when letting a con- 
 tract for public school buildings shall require of the contractor a good 
 and sufficient bond for the faithful execution of said contract. And the 
 clerks of said boards outside of incorporated cities, towns and villages 
 are required to make the county superintendent, from time to time as the 
 superintendent may require, an itemized statement under oath of the 
 cost of labor and material used and work done where practicable and 
 apparatus required and used for constructing and furnishing said build- 
 ing, and school directors are further required to consult with and solicit 
 the co-operation of county superintendents whenever it becomes neces- 
 sary to purchase furniture, fixtures, etc., for the district schools, and the 
 members of Boards of Education and School Directors and clerk thereof 
 are hereby prohibited from acting as the agent for any person or firm 
 engaged in the selling of school furniture, apparatus, etc., or to receive 
 any commission attending the purchase of such furniture, apparatus, 
 etc., for use in their respective districts; and all persons identified in an 
 official capacity with the public schools or with the higher education(xl 
 institutions supported in whole or in part by the public funds of this 
 State are hereby prohibited from being a party directly or indirectly to 
 any contract, or interested in any contract, in connection with the opera- 
 tion or maintenance of such public schools or higher educational institu- 
 tions; and any contract in which they are so interested shall be void, 
 and the members of any educational board voting for the same shall be 
 guilty of a misdemeanor and liable to punishment accordingly. 
 
 CHAPTER LXXIV. 
 
 An Act to Make Further Provision for the Holding of a School for 
 the Full Period of Five Months in School Districts in Which the Regu- 
 lar Annual Income is Insufficient for the Purpose. Amend. S. B. No. 
 182; Approved March 15, 1913. 
 
 Be It Enacted by the Legislature of the State of New Mexico: 
 
 School Building Fund Created. 
 
 Section 1 . Any balance remaining in the reserve fund created 
 for the purpose of enabling school districts to hold school for a term of 
 
OF THE STATE OF NEW MEXICO 97 
 
 hve months, at the end of the school year shall be set aside by the treas- 
 urer of the State to the credit of the "School Building Fund" which is 
 hereby created. 
 
 Application to State for Funds for Five Months School; Endorsement; 
 
 Approval 
 Sec. 2. Any school district already formed or which may here- 
 after be formed in which the regular annual income is insufficient for the 
 maintaining of a school for a period of five months, may make applica- 
 tion to the Superintendent of Public Instruction and Attorney General 
 of the State on a form to be prepared by said Attorney General, for 
 sufficient funds out of the fund herein created, to enable such district to 
 build and construct a suitable school house or houses, or to complete 
 or properly furnish such school house or school houses for the conveni- 
 ence and suitable education of the children therein of compulsory school 
 age; such application shall describe the boundaries of such district, give 
 the amount of taxable property therein, its indebtedness already issued 
 and outstanding, the number of school children therein who can be ac- 
 commodated by such school buildings and all other facts which may 
 aid the State Superintendent and the Attorney General in determining 
 the advisability of constructing, completing or furnishing such school 
 building or school buildings; said application shall be signed by the 
 school directors of the district and must, before presentation to the 
 Superintendent of Public Instruction receive the endorsement of the su- 
 perintendent of schools, which said endorsement must appear on said 
 application; Provided, however, should the County Superintendent of 
 Schools arbitrarily refuse to approve any such application, the directors 
 may present the same to the State Board of Education and said Board 
 may after a hearing, if it finds the facts warrant, approve said applica- 
 tion without the endorsement of the County Superintendent of Schools. 
 
 Approval of Application /)p State Officers; Pa'^ment of Funds; School 
 District Furnish Building Site and Labor. 
 
 Sec. 3. If the State Superintendent of Public Instruction and the 
 Attorney General of the State approve said application they shall en- 
 dorse thereon their approval and certify the amount allowed to the 
 auditor of the State who shall draw his warrant in favor of the Treas- 
 urer of the County in which said district is situate to be by him credited 
 to said school district payable out of the fund herein created and the 
 Treasurer of the State shall pay said warrant, upon presentation, out of 
 such fund. Provided, that not to exceed ($300) Three Hundred 
 Dollars shall be allowed for building or completing any school building 
 nor more than Fifty Dollars for furnishing any school room and in every 
 
98 COMPILATION OF THE SCHOOL LAWS 
 
 case the school district receiving aid shall furnish in labor or money at 
 least one-third of the cost of the construction, completion, or furnishing 
 of the school building or buildings. Provided, further, the site for said 
 school building shall be provided by the school directors which district 
 must first procure title in fee simple to said site. 
 
 Notice of Funds; Building Plans, Submission, Changes, Approval; 
 Building Contract. 
 
 Sec. 4. As soon as the treasurer of the county has placed the 
 amount to the credit, of the proper district, he shall notify the county 
 superintendent of schools and the school directors of said district of the 
 amount of money then on hand, subject to be withdrawn for the pur- 
 pose named herein. The directors shall then prepare plans and specifi- 
 cations for building, completing or furnishing the school building or 
 school buildings of the district and submit such plans and specifications to 
 the Superintendent of Public Instruction and to the Attorney General 
 of the State for their consideration and approval and said Superintendent 
 of Public Instruction and Attorney General shall make such changes in 
 said specifications as will, in their judgment, serve the best interests of the 
 district. Upon the approval of the plans and specifications by said 
 Superintendent of Public Instruction and Attorney General, it shall be 
 the duty of the Board of School Directors acting in conjunction with 
 the County Superintendent of Schools to call for sealed bids for the 
 construction, completion or furnishing of said school building or build- 
 ings, allowing at least thirty days for filing bids with adequate notice of 
 the date and place of opening. At the time and place specified, the 
 county superintendent and the board of school directors shall open said 
 bids and award the contract for building, completing, or furnishing said 
 school house or school houses as, in their judgment, the best interests of 
 the district may require. And it shall be tKe duty of said county super- 
 intendent and school directors to require a sufficient bond of the con- 
 tractor for the full and faithful compliance with the terms of the 
 contract. 
 
 Warrants, Approval anu Pa]^ment; Accounts; Expenditures Limited. 
 
 Sec. 5. The Treasurer of the County shall honor and pay all 
 warrants drawn by the board of school directors against the fund placed 
 to the credit of its district ; as herein provided, only when such warrants 
 are approved by the county superintendent of school as in the case of 
 warrants drawn by school directors for payment of the current expenses 
 of the district. It shall be the duty of the county superintendent before 
 approving any such warrant to require itemized and verified bills in 
 duplicate, one of which shall be retained by the county superintendent 
 
OF THE STATE OF NEW MEXICO . 99 
 
 and the other shall be transmitted with the warrant drawn in payment 
 thereof to the county treasurer of the county in which said district is 
 located. And the said school directors shall in no event and under no 
 pretext contract for or incur obligations on such account beyond the 
 amount of money available in the county treasury for such purposes. 
 
 Misuse of Funds Is Embezzlement; Penally. 
 
 Sec. 6. Any official, into whose hands any of the money or funds 
 herein provided for, shall come, who shall use any portion of such 
 money or funds, for any purpose, other than the purpose herem specified 
 and provided for, shall be deemed guilty of embezzlement, and upon 
 conviction shall be punished by a fine of not more than One 1 housand 
 Dollars or by imprisonment for not more than five years, or both and 
 in addition thereto shall be summarily removed from office by the Court 
 imposing sentence and shall thereafter be ineligible to hold any office of 
 trust or profit in the State. 
 
 School District Shall Repa}) Funds to State. 
 
 Sec. 7. Any district, receiving money or funds as provided for in 
 this Act, shall, in each year when there is a surplus remaining in the 
 district fund after the expenses for maintaining a five months' term have 
 been paid, pay such surplus to the Treasurer of the State until the 
 amount of money advanced to said district for the purpose of construct- 
 ing, completing, or furnishing any school house or houses, shall have 
 been refunded, and the money so refunded shall be by the Treasurer 
 of the State credited to the fund herein created and may be paid out as 
 other moneys of such fund. 
 
 Repeal Clause. 
 
 Sec. 8. All Acts and parts of acts in conflict herewith are hereby 
 repealed. 
 
 Emergency; Act Effective Upon Passage and Approval. 
 
 Sec. 9. That it is necessary for the preservation of the public 
 peace and safety of the inhabitants of the State of New Mexico that 
 the provisions of this act shall become effective at the earliest possible 
 time, and therefore an emergency is hereby declared to exist, and this 
 act shall take effect and be in full force and effect from and after its 
 passage. 
 
100 COMPILATION OF THE SCHOOL LAWS 
 
 CHAPTER LXXVII. 
 
 An Act to Regulate Canvassing b^ Correspondence Schools, Busi- 
 ness Colleges, and Commercial Departments of Other Schools and to 
 Extend the Power of the State Board of Education Over Such Schools. 
 Amend. S. B. No. 18; Approved March 15, 1913. 
 
 Be It Enacted fcp the Legislature of the State of New Mexico: 
 
 Standard of Efficiency of Business Colleges — Certificate. 
 
 Section 1 . That the State Board of Education be and the same 
 is hereby authorized and empowered to adopt a standard of efficiency 
 for business colleges and commercial departments of other schools, to 
 issue certificates of recognition to such schools as meet the required 
 standard and to issue permits as hereinafter provided. 
 
 Canvassing fcp Correspondence Schools, Etc. 
 
 Sec. 2. It shall be unlawful for any correspondence school, busi- 
 ness college, or commercial department of any other school, its agents or 
 representatives to canvass prospective students in the State of New Mex- 
 ico for the purpose of selling to such prospective student or to any one 
 for the use of such prospective student any scholarship or tuition in ad- 
 vance in such school, or to contract in advance for such scholarship or 
 tuition or to take payment for the same money, notes or other evidence 
 of indebtedness before the registration in good faith of such student in 
 such school, college, or commercial department without the school, its 
 agent or represeixtative first making application to the State Board of 
 Education as hereinafter provided, and receiving from such state board 
 of education a permit granting to the school so applying the right to can- 
 vass and sell scholarships and to receive tuition in advance. 
 
 Application for Permit to Canvass for Schools. 
 
 Sec. 3. The application to the State Board of Education by 
 Section 2 of this act, shall set forth the name of the school seeking 
 such permit, its location, the number of instructors employed in such 
 school, the course or courses of study in which instruction is offered, the 
 subjects included in each course, the entrance and graduation require- 
 ments for each course, and in addition thereto the applicant shall, upon 
 request of the board, furnish such other information as may be required 
 by such board. The application shall be signed by some authorized 
 representative of the school and shall be accompanied by such fees as 
 may be required by the State Board of Education. 
 
OF THE STATE OF UlL^' MEXICO'' ' ' ' ^ 101 
 
 Revocation of Permit. 
 Sec. 4. The State Board of Education shall have authority and 
 power to revoke any permit issued by it at its discretion and for cause 
 satisfactory to the Board. 
 
 Violation, Misdemeanor, Penalty. 
 Sec. 5. Any person who shall violate this Act shall upon convic- 
 tion be deemed guilty of a misdemeanor and shall be fined in a sum not 
 to exceed $100.00 for each offense, or by imprisonment in the discretion 
 of the court trying the same. 
 
 Canvassing Legal When No Advance Fee Is Collected. 
 Sec. 6. Nothing in this act shall be construed to prevent canvass- 
 ing for students where no scholarship is sold nor fees for tuition are col- 
 lected in advance or prevent the legitimate advertising of any such 
 school. 
 
 CHAPTER LXXXVI. 
 
 An Act Providing for the Investment of the Mone\)s of the Board of 
 Trustees of the Town of Las Vegas Administering the Las Vegas 
 Grant; Amending Section V of Chapter 64, Laws of 1912, and Sec- 
 tions 2, 3. and 4 of Chapter 103, Laws of 1909. Amend. H. B. 
 No. 51 ; Approved March 18, 1913. 
 
 Be It Enacted by the Legislature of the State of New Mexico: 
 Amendment to Laws Relative to Las Vegas Grant. 
 
 Section 1. That Section 1 of Chapter 64, Laws of 1912 be 
 and the same is hereby amended so as to read as follows: 
 
 "Section 1. That Section 2 of Chapter 103 of the Laws of 1909, 
 
 entitled **An Act to amend an Act to provide for the management of 
 
 the Las Vegas Grant, and for other purposes," being Chapter 47 of the 
 
 Laws of 1903, be and the same is hereby amended to read as follows: 
 
 Trustees of Las Vegas to Invest Moneys in Bonds, Etc. 
 
 Sec. 2. It shall be the duty of the Board of Trustees of the Town 
 of Las Vegas administering the Las Vegas Grant to invest any and all 
 moneys now in its hands or under its control, or which may hereafter be 
 received by said board, except such amount as the District Court for 
 San Miguel County, New Mexico, may from time to time deem neces- 
 sary to be held to pay the current and other expenses of said board, as 
 follows : 
 
 (a) In interest-bearing bonds of the United States, or of the State 
 of New Mexico, or of any county, municipality or political subdivision 
 thereof authorized by law to issue bonds. 
 
1.02 cbM'PILAKON OF THE SCHOOL LAWS 
 
 (b) In first mortgage bonds of any corporation, organized for the 
 purpose of acquiring, constructing, and operating a storage reservoir at 
 the Sanguijuela Arroyo in San Miguel County, New Mexico, and irri- 
 gation works in connection therewith to irrigate lands on the Las Vegas 
 Grant, secured by first mortgage on such reservoir and irrigation works, 
 and all lands belonging to the Las Vegas Grant coming under the said 
 irrigation system and irrigable therefrom and which bonds shall bear 
 interest at the rate of not less than six per centum per annum; or in a 
 loan or loans to such a corporation or to any person, firm or corporation 
 contracting to acquire, construct or operate such reservoir, water rights 
 pertaining thereto, and irrigation works, such loan or loans to be secured 
 by first mortgage on said reservoir and water rights pertaining thereto, 
 and irrigation works, and all lands belonging to the Las Vegas Grant 
 coming under the said irrigation system and irrigable therefrom, or by a 
 contract which will assure the repayment of said moneys, with interest 
 at the rate of not less than six per centum per annum. Provided, That 
 all bonds purchased under the provisions of this Act shall be first mort- 
 gage bonds, and that no bonds or securities shall be purchased or loans 
 made out of such moneys without the approval of said court. 
 
 lMone}^s Invested Shall Constitute a School Fund.] 
 Said moneys when so invested shall constitute a permanent school 
 fund for the purposes hereinafter stated, the principal of which shall 
 under no circumstances be lessened or impaired and shall remain invio- 
 late. Such moneys may be temporarily deposited in some bank or 
 banks, designed by said court and said Board of Trustees, upon certi- 
 ficates of deposit bearing interest at the rate of not less than four per 
 centum per annum." 
 
 Custodian of Bonds; Collection — Re- Investment. 
 
 Sec. 2. That Section 3 of said Chapter 103, Laws of 1909, be 
 and hereby is amended so as to read as follows: 
 
 * 'Section 3. The bonds and securities in which said funds are from 
 time to time invested shall be forthwith deposited with the treasurer of 
 San Miguel County, New Mexico; and it is hereby made the duty of 
 said treasurer to receive and have the custody of such bonds and securi- 
 ties, to collect and pay the same over to the treasurer of said board of 
 trustees, the principal thereof, at maturity, to be reinvested and forth- 
 with to pay the same over to the treasurer of the Board of Trustees of 
 the town of Las Vegas administering the Las Vegas Grant to be by 
 said board reinvested in other bonds or securities chosen and approved 
 by said board and court; and it shall also be the duty of the said treas- 
 urer of said county to collect the interest on all such bonds and securi- 
 
OF THE STATE OF NEW MEXICO 103 
 
 ties and to place the same or such portion thereof as may be determined 
 by such board and court as hereinafter provided, to the credit of the 
 several school districts within the Las Vegas Grant ' \)roportion to the 
 number of children of school age w^ithin said districts respectively." 
 
 Apportionment of Funds Among Schools — Duty of County Superin- 
 tendent. 
 
 Sec. 3. That Section 4 of said Chapter 103, Laws of 1909 be 
 and it hereby is amended so as to read as follows: 
 
 "Sec. 4. It is hereby made the duty of the superintendent of schools 
 for said San Miguel County, on or before the tenth day of January of 
 each year, to certify to said county treasurer the number of children of 
 school age residing in each of the school districts within the Las Vegas 
 Grant, and said treasurer shall thereupon place to the credit of each of 
 said school districts the amount to which it may be entitled under said 
 apportionment, to be drawn out and expended as other moneys of said 
 school district. 
 
 Until such time as the industrial manual training school hereinafter 
 mentioned shall be established, the whole of the interest derived from 
 said permanent fund shall be so distributed among said school districts 
 within the Las Vegas Grant. 
 
 [Interest Fund May Be Applied to Manual Training School.] 
 
 If at any time said district court and said board of trustees shall deem 
 it expedient they may apply not to exceed three-fourths of the interest 
 derived from said permanent fund to the maintenance of an industrial 
 manual training school for boys and girls, to be located at the town of 
 Las Vegas, New Mexico, the balance of said interest to be distributed 
 among said school districts within the Las Vegas Grant as above pro- 
 vided; and it shall be the duty of the said county treasurer to pay out 
 such portion of said interest as may be so applied to the maintenance of 
 said industrial manual training school upon such vouchers as said dis- 
 trict court and said board of trustees may prescribe. Said county treas- 
 urer shall be liable on his official bond for the faithful performance of 
 such duties and shall receive no additional compensation therefor.'* 
 
 Repeal Clause. 
 
 Sec. 4. That all Acts and parts of Acts in conflict with the pro- 
 visions of this Act are hereby repealed. 
 
Additional Laws for Reference 
 
 (NOTE, — The following laws appeared in the 1909 Compilation of 
 School I>aws, in full, but as there is nothing contained in them of 
 immediate interest or of necessary information to School Boards and 
 others, the subjects of sections with number of section only is given.) 
 
 BONDS AND WARRANTS— (COMPILED LAWS 1897). 
 
 CONTENTS. 
 Sec. 285. Determination of indebtedness, other than bonded. 
 Sec. 286. Claimants feeling aggrieved, may appeal to district court. 
 Sec. 287. Filing of statement and bond necessary for appeal. 
 Sec. 288. Other steps required of claimant. 
 Sec. 289. District Attorney to represent County Commissioners and 
 
 other bodies or boards not provided with counsel. 
 Sec. 290. Issue of claimant bonds in lieu of execution. 
 Sec. 291. Persons proving claims entitled to coupon bonds therefor. 
 Sec. 292. Bonds to bear 6 per cent interest from date of issue. 
 Sec. 293. Form of bonds and coupons, how signed and attested. 
 Sec. 294. How bonds are registered and recorded. 
 Sec. 295. County Commissioners to levy tax to pay annual interest. 
 Sec. 296. County Commissioners to levy tax for sinking fund. 
 Sec. 297. Funds remaining after payment of bonded indebtedness to 
 
 be transferred to respective expense funds. 
 Sec. 298. Payment of bonds and interest when due. 
 Sec. 299. Unlawful to contract debts which cannot be paid from 
 
 money actually collected during that year. 
 Sec. 300. Reduction of fees and salaries of officers. 
 Sec. 301. Officers and creditors to be paid pro rata. 
 Sec. 302. Void indebtedness of Sec. 299 to remain valid. 
 Sec. 303. Payment of claimants. 
 Sec. 304. Current year to begin January first, except that of boards 
 
 of education, which shall begin September first. 
 Sec. 305. Funds for next current year and for current year. 
 Sec. 306. No bonds to be issued after first Monday in August, 
 
 1897, except in case of appeal and judgment rendered. 
 
OF THE STATE OF NEW MEXICO 105 
 
 FUNDING ACT. 1893— (COMPILED LAWS 1897.) 
 
 CONTENTS. 
 
 Sec. 319. Holders of warrants issued by County School Superin- 
 tendents prior to Feb. 26, 1891, may bring suit to ad- 
 just and determine the same. 
 
 Sec. 320. Warrant holders may unite as plaintiffs in suit. 
 
 Sec. 32 1 . How county shall be described in suit, and process served. 
 
 Sec. 322. Proceeding to be same as ordinary chancery cases. 
 
 Sec. 323. Issue of bonds to satisfy warrant holders obtaining judg- 
 ment. Form of bond. 
 
 Sec. 324. Costs of suit. Complainant losing suit to pay all costs. 
 
 SCHOOL INDEBTEDNESS — (COMPILED LAWS 1897). 
 
 CONTENTS. 
 Sec. 379. School directors authorized to issue bonds. 
 Sec. 380. County Commissioners to levy tax for payment of interest. 
 Sec. 38 1 . School directors to notify county commissioners of bond 
 
 issue. 
 Sec. 382. School directors shall not incur indebtedness in excess of 
 
 amount allowed by law. 
 (See also Sections 332-338, 340-348, 366-376, 384-388, 397- 
 398, Compiled Laws of 1897; Chap. 58, Laws 1899, Chap. 41 and 
 Chap. 44, Laws of 1901, and Chap. 95, Laws 1903.) 
 
 WARRANTS— (COMPILED LAWS 1897). 
 
 CONTENTS. 
 Sec. 399. County warrants, drafts, checks or orders, if lost or de- 
 stroyed, may be duplicated. 
 Sec. 400. Claimants must prove loss or destruction and file bond. 
 Sec. 401. Territorial treasurer to present to the Governor and Audi- 
 tor all warrants paid by his office. 
 Sec. 402. Treasurer lo burn all warrants in presence of Governor 
 and Auditor. 
 Annual presentation of paid warrants by treasurer. 
 Quarterly call of warrants for payment. 
 County officers not to speculate on county or territorial 
 
 indebtedness. 
 Town or city officials not to speculate on indebtedness. 
 Penalty for violating provisions of Sections 405 and 406. 
 In case of conviction, office declared vacant. 
 Charge of grand juries regarding this act. 
 
 Sec. 
 
 403. 
 
 Sec. 
 
 404. 
 
 Sec. 
 
 405. 
 
 Sec. 
 
 406. 
 
 Sec. 
 
 407. 
 
 Sec. 
 
 408. 
 
 Sec. 
 
 410. 
 
106 COMPILATION OF THE SCHOOL LAWS 
 
 MATURED INDEBTEDNESS— (CHAP. LVIII, LAWS 
 
 1899). 
 
 CONTENTS. 
 Sec. 1 3. County, city, and town matured indebtedness. 
 Sec. 26. Issuing bonds by school districts or boards of education. 
 
 An Act to Provide for the Refunding of Bonds Issued tp Cities or 
 ToTvns for School Purposes, or to Furnish School Houses, and to 
 Validate Such Bonds. (Chap. CIII, Laws 1901.; 
 
 CONTENTS. 
 
 Sec. 1 . Bonds issued for school purposes validated and legalized. 
 
 Sec. 2. Cities and towns may refund outstanding bonds. 
 
 Sec. 3. Manner of issuing such refunding bonds. 
 
 An Act to Validate and Legalize Indebtedness Heretofore Incurred fey 
 Boards of Education and Boards of School Directors in Excess of 
 the Current Income of Such Boards, and to Authorize the Issue of 
 Bonds to Pay Such Indebtedness. (Chap. LXXIV, LaTvs 1905.; 
 
 CONTENTS. 
 Sec. 1 . Debts contracted by school boards made binding. 
 Sec. 2. School boards issue bends covering indebtedness. 
 Sec. 3. Denomination of bonds. Rate of interest. Maturity, how 
 
 signed. 
 Sec. 4. County commissioners to levy tax to pay interest on bonds. 
 Redemption. 
 
 CERTAIN FINES— (COMPILED LAWS 1897). 
 (The fines for these and other offenses when collected under general 
 
 laws, shall be turned into the state current school fund.) 
 
 CONTENTS. 
 
 Sec. 1 28. Turning cattle loose on range occupied by another. 
 
 Sec. 1 29. Violation of provisions of preceding section a misde- 
 meanor. Fine applied to the School Fund. 
 
 Sec. I 30. Each days' violation of Section 1 28, a separate cause 
 of action. 
 
 Sec. 138. Estray animals; sale of. 
 
 Sec. I 76. Estray animals at round-ups to be advertised and sold, 
 money going to the School Fund. 
 
 Sec. 1 1 03. Burning at night of school, church or other buildings. 
 
 Sec. 1 1 04. Burning in the day-time of school, church or other build- 
 ings. 
 
OF THE STATE OF NEW MEXICO 107 
 
 113. Larceny from said buildings. Penalty for. 
 
 125. Embezzlement. 
 
 1 26. Punishment for embezzlers. 
 
 263. Unlawful to maintain opium or hop joint. 
 
 264. Penalty for violating preceding section. 
 
 265. Half of opium joint fines to go to the school fund. 
 
 268. Saloon keepers allowing minors to play games on prem- 
 
 ises liable to fine. 
 
 269. Half of fines imposed by preceding section to go to 
 
 school fund. 
 
 272. Illegal to sell, use, give or drink liquor on election day. 
 
 273. Half of fine for violating provisions of preceding section 
 
 to go to school fund. 
 
 274. Enclosures on public land illegal. 
 
 296. Enclosures to have gates at all crossings of public roads 
 
 and trails. 
 
 297. Damages to enclosures by animals. 
 
 298. Penalty for occupying public land under pretext of a 
 
 deed. 
 
 368. Sunday sports, public meetings and exhibitions, except 
 
 for religious worship, prohibited. 
 
 369. Fines for infraction of Sunday law to go to school fund. 
 
 370. Certain labors permissible on Sunday. 
 372. Definition of Sunday. 
 
 374. Attorney General and District Attorneys to prosecute 
 Sabbath breakers. 
 
 377. Persons carrying deadly weapons in settlements, except 
 
 by legal authority, liable to fine and imprisonment. 
 
 378. Persons drawing deadly weapons on others. 
 
 379. Assaulting with deadly weapons. 
 
 380. Drawing, flourishing or discharging fire arms in public 
 
 places. 
 
 38 1 . Armed persons insulting or assaulting others. 
 
 383. Meaning of deadly weapons. 
 
 384. Travelers may carry arms for personal protection. 
 
 386. Hotel, saloon and dance hall keepers to conspicuously 
 
 post this law in English and Spanish. 
 389. Fines collected under this act to go to county school fund. 
 825. Illegal to use private roads and open fences. 
 
108 COMPILATION OF THE SCHOOL LAWS 
 
 Sec. 1826. Persons opening gate for passage over private property, 
 
 not closing, liable for all damages. 
 Sec. 1827. Failure to close gate also misdemeanor. 
 
 (See also Sections 299, 407, 768, 769. 771, 791, 1764, 1867, 
 251 1, 2679, and Sec. 2, Chap. 96, Laws 1907.) 
 
 LICENSES— (COMPILED LAWS 1897). 
 
 CONTENTS. 
 Sec. 4125. License to be issued for what period. 
 Sec. 4141. Occupation tax imposed. 
 First — Peddler's license. 
 
 Second — Dealers in merchandise not exceeding $10,000. 
 Third— Dealers in merchandise $1 0,000-$20,000. 
 Fourth— Dealers in merchandise $20,000-$50,000. 
 Fifth— Dealers in merchandise $50,000-$75,000. 
 Sixth— Dealers in merchandise $75,000-$! 00,000. 
 Seventh — Dealers in merchandise over $100,000. 
 Real estate agents. 
 Insurance agents. 
 
 Hotels or inns, livery stable keepers and stage lines. 
 Pawnbrokers. 
 Places of amusement. 
 How applications for license to be made. 
 Licenses payable in advance. 
 Penalty for violation of provisions of act. 
 Laws regarding liquor and gaming licenses not affected 
 
 by this act. 
 Nickel-in-the-slot machines to be licensed. 
 Penalty for failure to comply with requirements of this 
 act. 
 
 Sec. 
 
 4142. 
 
 Sec. 
 
 4143. 
 
 Sec. 
 
 4144. 
 
 Sec. 
 
 5145. 
 
 Sec. 
 
 4146. 
 
 Sec. 
 
 4147. 
 
 Sec. 
 
 4148. 
 
 Sec. 
 
 4149. 
 
 Sec; 
 
 4150. 
 
 Sec. 
 
 4152. 
 
 Sec. 
 
 4153. 
 
 STATE EDUCATIONAL INSTITUTIONS. 
 
 See Sections 1 1-13, Article XII of the Constitution; also Compiled 
 Laws of 1897, Sections 3550-3693; also Chap. 98, L. 1901, Chap. 
 89, L. 1901, Chap. 90, L. 1901, Chap. 2, L. 1903, Chap. 6, L. 
 1903, Chap. 1 19, L. 1903, Chap. 18, L. 1899, Chap. 65, L. 1901, 
 Chap. 63, L. 1901, Chap. 42, L. 1899, Chap. 97, L. 1907. 
 
OF THE STATE OF NEW MEXICO 109 
 
 GUARDIANS, WARDS, ORPHANS, POOR CHILDREN. 
 APPRENTICESHIP— (COMPILED LAWS 1897. 
 
 CONTENTS. 
 
 Sec. 1437. Father and mother as guardians. 
 
 Sec. 1447. Education of ward. 
 
 Sec. 1465. Custody of children's person, education and estate. 
 
 Sec. 1471. Guardians to make annual settlements with probate court. 
 
 Sec. 1472. Justices of peace to report orphan children. 
 
 Sec. 1473. Person to whom child is apprenticed to give bond to 
 properly clothe, treat and instruct child. 
 
 Sec. 1479. Probate court to examine into condition of orphans. 
 
 Sec. 1481. Guardians to choose masters for apprentices under ten 
 years of age. 
 
 Sec. 1 482. Probate court to apprentice children of parents unable 
 or neglecting to support and educate them. 
 
 Sec. 1483. Parents may apprentice minor children. 
 
 Sec. 1 484. Provisions for education of children apprenticed by par- 
 ents. 
 
 Sec. 1485. Probate court to hear and determine complaints of ap- 
 prentices. 
 
 Sec. 1 496. Adoption of children by adult persons or by institutions. 
 
110 
 
 COMPILATION OF THE SCHOOL LAWS 
 
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114 
 
 COMPILATION OF THE SCHOOL LAWS 
 TEACHEK'S MONTHLY REPORT. 
 
 School 
 
 District No County, N. M. 
 
 Month Commencing 
 
 Month Ending 
 
 Enrollment. 
 
 Male 
 
 Female 
 
 Total 
 
 Total Days Attended. 
 
 Male 
 
 Female 
 
 Total 
 
 No. of Days Taught 
 (Usually 20) 
 
 Average Daily Attendance. 
 
 Male 
 
 Female 
 
 Total 
 
 Note. — To find average daily attendance divide No. of days attended 
 by No. of days taught. 
 
 No. Recitations Daily 
 
 No. Not Tardy 
 
 No. Neither Absent Nor Tardy 
 
 Names of Pupils of Compulsory School Age who were absent during 
 month and reason for absence: 
 
 Name 
 
 Days Abst. | 
 
 Excuse 
 
 N. B, — At the end of the first month, the teacher should send in 
 with this report a list of all children enrolled, giving full name and 
 age of each and the name of the parent or guardian of each. 
 
 Teacher 
 
 Filed in m.y office 
 
 P. O. 
 
 County Superitnendent 
 
OF THE STATE OF NEW MEXICO 
 
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116 
 
 COMPILATION OF THE SCHOOL LAWS 
 
 
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1 ] 8 COMPILATION OF THE SCHOOL LAWS 
 
 NOTICE OF FUNDS. 
 
 New Mexico, , 19 
 
 School District No 
 
 You are hereby notified that your district has to its credit $ 
 
 Any further information I may render you will be given cheerfully. 
 I am, Very truly, 
 
 County Superintendent. 
 
 LEVY NOTICE. 
 
 To the Honorable Board of County Commissioners: 
 Gentlemen: 
 
 You are hereby notified that School District No 
 
 County of requires $ 
 
 for the coming school year, for which we request that you make thf-; 
 
 necessary levy. 
 
 Directors. 
 
 Certificate of Appolnr- 
 ment. 
 
 Appointed as Direcv 
 tor in School District 
 
 No , To serve 
 
 from 19. . . 
 
 Until , 19. . . 
 
 County Superintendent. 
 
 CERTIFICATE OF APPOINTMENT. 
 
 Whereas, a vacancy exists in the office of 
 
 School Director of School District No 
 
 of County, New Mexico. 
 
 Therefore, is 
 
 hereby appointed, in accordance with the 
 laws of the State of New Mexico, to serve as 
 a director of said District until the 1st day 
 
 of May, 19 
 
 N. M , 19. . 
 
 County Superitnendent. 
 
OF THE STATE OF NEW MEXICO 119 
 
 TEACHER'S CONTRACT. 
 
 THIS AGREEMENT, made and entered into this 
 
 day of , A. D. 19 . . . ., by and between School 
 
 District Number of the County of 
 
 and State of New Mexico, hereinafter called the District, and 
 
 .hereinafter called the Teacher, 
 
 WITNESSETH, That the said District, through its duly qualified Board 
 of Directors, has engaged the services of the said teacher, for the 
 
 term of school months, commencing on the day 
 
 of , A. D. 19 . . . ., under the following terms. 
 
 conditions, restrictions and stipulations, to-wit: 
 
 1. Said Teacher covenants and agrees with said District that 
 
 is the rightful holder of a Grade 
 
 Certificate, valid in said county, and is in all respects a legally 
 qualified teacher under the laws governing the qualification of 
 teachers in the public schools of New Mexico, and that said Teacher 
 is a person of good moral character. 
 
 2. Said Teacher agrees to instruct, direct and manage, to the best 
 
 of ability, the 
 
 public school of said District, during the term aforesaid; to keep all 
 records required by law, and to furnish such information concerning 
 said school, or in its interests, as may be desired by the Board of 
 Directors of sa^d District, or by the County Superintendent of Schools 
 of said county; to see to the protection and preservation of such 
 ot the property of said District as may come under the immediate 
 supervision of said Teacher; and otherwise to do and perform all acts 
 and things required or contemplated by the laws of New Mexico to 
 to be done or performed by teachers in the public schools. 
 
 3. Said district agrees to make the necessary repairs in its school 
 house; to provide for heating the same; to furnish all requisite record 
 books and to pay the said Teacher for said services, duly and truly 
 
 performed, the sum of dollars ($ ) 
 
 per school month, payable at the end of each month, during the life 
 of this cont>ract. 
 
 4. It is understood and agreed that in the event the funds of said 
 District, at any time during the term aforesaid, shall be found in- 
 sufficient to pay the salary of said Teacher as aforesaid, then the 
 Board of Directors of said District shall have, and hereby reserves, 
 the right to close said school and terminate this contract on two weeks 
 notice to said Teacher; whereupon all liability of said District under 
 this contract shall immediately cease. 
 
 5. It is further agreed that if said Teacher shall I'e legally dis- 
 missed from the service of said District; or, if the certificate of said 
 
120 COMPILATION OF THE SCHOOL LA\!^S 
 
 Teacher shall be legally annulled, this contract shall at once termi- 
 nate, and all liability of said District hereunder shall immediately 
 cease. 
 
 6. It is further agreed that said Teacher shall be entitled to full 
 pay for a period not to exceed one month during which the school 
 may be closed by said Board of Directors, on account of loss by fire, 
 danger from contagious disease, or other similar cause; and it is 
 further agreed that no deduction of salary shall be made by reason 
 of the absence of said Teacher from active school duties on legal 
 holidays, provided said Teacher shall have arranged beforehand a 
 program of exercises by the pupils appropriate for the occasion for 
 the preceding day. 
 
 7. It is further agreed that the last payment of salary under this 
 contract shall not be made until the reports and information required 
 t- be made and given by said Teacher shall have been properly made 
 and given. 
 
 8. It is further agreed that the school day shall consist of two 
 sessions of three hours each, with fifteen minutes intermission dur- 
 ing each session, the time of .holding said sessions to be determined 
 ty, or with the approval of, the Board of Directors of said District. 
 
 IN WITNESS WHEREOF, the Directors of said District, and said 
 Teacher, have hereunto set their hands, and the Superintendent of 
 Schools of said County has hereunto affixed his signature in ap- 
 proval hereof, all on the day and year first above written. Executed 
 ir> triplicate. 
 
 
 
 Chairman. 
 
 Clerk. 
 
 Board 
 
 of 
 
 Directors. 
 
 Teacher. 
 Approved: 
 
 County Superintendent of Schools. 
 
 NOTICE — This contract is to made in triplicate; one to be given to 
 the Teacher, another to be kept in the office of the County Superin- 
 tendent, and the other for the Board of Directors. Boards of Direc- 
 tors and other officials are forbidden to cause money to be paid for 
 services of teachers who are not certified as provided by law. This 
 contract is not valid unless signed by at least two of the School 
 Directors, and the Teacher, and approved by the County Superin- 
 tendent. 
 
 (NOTE — Any special clause or agreement, not contrary to law, 
 which may be agreed upon by the contracting parties, may be inserted 
 in the contract.) 
 
OF THE STATE OF NEW MEXICO 121 
 
 Filing: 
 
 TEACHER'S CONTRACT. 
 
 Between School District No County. 
 
 New Mexico, and 
 
 Date 19 
 
 Term Months. 
 
 Filed in the office of the superintendent of Schools of said County, 
 this day of , A. D. 19 . . . . 
 
 Supt. of Schools. 
 
 PERMIT FORM. 
 
 Form B. 
 
 To Whom It May Concern: 
 
 By virtue of the power vested in me by Section V, Chapter XCVII, 
 
 Session Laws of 1907, I, 
 
 County Superintendent of County, 
 
 hereby issue to New Mexico, thia 
 
 permit to teach in any of the Public Schools of 
 
 County, from this date until the day of the next examination of teach- 
 ers in said county. 
 
 Given at , New Mexico , 19.... 
 
 Co. Supt. Schools County. 
 
 SOHOOIi WARRANT. 
 
 Warrant Record Page Warrant Record Page .... Warrant No. . . . 
 
 STATE OF NEW MEXICO, 
 
 County. 
 
 School District No 
 
 Warrant No j^ j^ ^ 191.. 
 
 School District No ^^^ ^^^^^ «^^^^ °^ ' ^ •• • ' 
 
 Dollars 
 
 Date 19. . . out of the funds of this School District, not 
 
 otherwise appropriated, being the amount 
 
 Amount, $ allowed 
 
 for 
 
 For 
 
 Chairman Board of Directors. 
 
 Secretary Board of Directors. 
 Received above de- Approved for payment 191.. 
 
 scribed Warrant 
 
 County School Superintendent. 
 To the 
 
 Treasurer of County 
 
 New Mexico. 
 
122 COMPILATION OF THE SCHOOL LAWS 
 
 NOTICE OI^ ELKCIION FOR DIRECTORS. 
 
 Notice is hereby given to the voters of School District No , 
 
 County of , New Mexico, that an election will be 
 
 held the first Monday in April, 19...., at 
 
 for the purpose of choosing school director 
 
 according to law. The election will be held by the present directors 
 
 Commencing- at 
 
 8 a. m., and closing at 5 p. m. 
 
 School Directors. 
 
 BALLOT SCHOOL ELECTION. 
 
 District No , County. 
 
 For School Directors, I vote for 
 
 for a term of years 
 
 for a term of years 
 
 for a term of years 
 
 CERTIFICATE OF ELECTION OF APRIL 19. 
 
 Dist. No , County of 
 
 We, the undersigned, directors and judges of the election, hereby 
 certify that the election was held according to law, and that the fol- 
 lowing men were elected as directors: 
 
 Name. Postoffice. 
 
 For 3 years. No. votes, 
 For 2 years, No. votes. 
 For 1 year. No. votes. 
 
 Signed: 
 
 Chairman .... 
 
 Clerk 
 
 . Other member 
 
 Make other explanations here. 
 
OF THE STATE OF NEW MEXICO 
 
 123 
 
 OATH OF SCHOOL DIRECTORS. 
 
 State of New Mexico, | g^ 
 County of f 
 
 I, , having been duly . . . '. 
 
 Director in and for School District No , 
 
 County, New Mexico, do solemnly swear that 
 
 I will support the Constitution and the Laws of the United States and 
 the Laws of the State of New Mexico; that I am not the holder of any 
 public moneys due to this State; or any county thereof, which is un- 
 accounted for, and that I will faithfully discharge the duties of the 
 said office of School Director, to the best of my ability, so help me 
 God. 
 
 Subscribed and sworn to before me this 
 of , 19 
 
 day 
 
 COUNTY TEACHER'S PERMIT. 
 
 Form A. 
 
 Permit No 
 
 Whereas, there has been presented to me, 
 a petition from the School Directors of 
 
 School District No , requesting that 
 
 such a permit be granted; and. 
 
 Whereas, credentials as to 
 
 ability and experience in teaching have been 
 shown and are deemed sufficient to meet 
 Granted to thg requirements of the law; and 
 
 19... 
 
 County 
 
 Teacher's Permit No . . 
 
 of 
 
 New Mexico, to teach 
 in School District No. 
 
 County Superintendent 
 of Schools. 
 
 Whereas, applicant has filed health certi- 
 ficate and has accounted for institute at- 
 tendance in accordance with law. 
 
 Therefore, I, Superintendent 
 
 of Schools of County, New 
 
 Mexico, and by authority vested in me as 
 
 such, do now grant to 
 
 this permit to teach in the public schools of 
 
 County, New Mexico, from 
 
 this the day of , 
 
 19. . ., until the next regular examination of 
 teachers in this county 
 
 County Superintendent of Schools. 
 
124 
 
 COMPILATION OF THE SCHOOL LAWS 
 ENUMERATION IX)RM. 
 
 (Form should be large enough to carry thirty or more names.) 
 Enumeration of persons between the ages of five and twenty-one 
 
 years, residing in School District No , 
 
 County, New Mexico. 
 
 Note. — This report must be signed by all the District Directors and 
 filed with the County Superintendent before the loth of September in 
 each year. 
 
 NAMES. 
 
 Male. 
 
 Age. !| 
 
 Female. 
 
 Age. 
 
 (Note. — In the foregoing list indicate what children are of English- 
 speaking parentage, Spanish-speaking parentage, Indian parentage, or 
 Negro parentage. Indicate also what children are deaf and dumb, 
 what children are blind, and what children are feeble-minded.) 
 
 RECAPITULATION. 
 
 Number of persons: Male ; Female ; Total 
 
 We hereby certify the above to be a correct list of the persons of 
 
 school age in District No , County, 
 
 New Mexico, taken on or before the first day of September, 19. . . . 
 
 Directors. 
 
 19 
 
OF THE STATE OF NEW MEXICO 125 
 
 NOTICE TO POIilj TAX PAYERS. 
 
 Poll Tax for 19. . . . 
 School District No County of New Mexico. 
 
 Below is a list of persons liable for the payment of a poll tax in 
 
 School District No County, New 
 
 Mexico. All able-bodied men over the age of twenty-one shall pay 
 a poll tax of one dollar in the school district in which they live. The 
 law makes no limit to age over 21. 
 
 Every cent of poll tax collected here is placed to the credit of this 
 school district; therefore, any attempt to avoid payment of same is 
 an attempt to defraud the school children of this district of their 
 just dues. However, it is our intention to see that every poll tax 
 is collected this year. Poll tax should be collected before the first 
 Monday in April, but can be collected any day in the year, should it 
 for some reason, not have been collected at the proper time. The 
 clerk of the school board is the proper one to collect the poll tax and 
 give receipt for same. He may go from house to house and collect 
 if ,he wishes, but the law does not require him to do this — each man 
 should, if necessary, carry or send his poll tax to the clerk. 
 
 The law requires the clerk, on or before the first Monday of April, 
 
 to deliver to the County Treasurer 
 
 One Dollar for each of the names below, unless some have not paid, 
 then he is to make a certified statement to the County Superintend- 
 ent, griving the names of those who are delinquent and reason for said 
 delinquency. He (the clerk) is also to deliver the names of these 
 delinquents to the Justice of the Peace for collection, and when this 
 is done, a fine is always attached. If some have failed to pay their 
 poll tax for the past two or three years, it should be paid at this time. 
 "No property shall be exempt from execution in suits for the collec- 
 tion of poll taxes." — Sec. 1549, C. L. 1897. 
 
 Persons who moved into the district after the posting of this notice, 
 but have not paid their poll tax for previous year elsewhere, are 
 liable for a poll tax in this district. 
 
 The clerks of the various districts are under oath and bond for the 
 faithful performance of their duties, and they will be expected to re- 
 port to the Justice of the Peace, all delinquents if there be such on 
 
126 COMPILATION OF THE SCHOOL LAWS 
 
 the first Monday of April. Let this be our motto: "Every 1914-15 
 
 poll tax collected in County by the first 
 
 Monday in April." 
 
 County Superintendent of Schools. 
 
 1 16 
 
 2 17 
 
 3 18 
 
 4 19 
 
 5 20 
 
 6 21 
 
 7 22 
 
 8 23 
 
 9 24 
 
 10 25 
 
 11 26. 
 
 12 27 
 
 13 28 
 
 14 29 
 
 15 . 30 
 
 Signed by Clerk of District. 
 
 NOTE — On the first Monday in February, clerk of school board 
 should post one or more of these notices in the district, forward one 
 to the county superintendent, and reserve one for his own use. On 
 or before the first Monday in April, make another report to county 
 superintendent, and mark opposite each name, either paid or delin- 
 quent as the case may be and give reasons for delinquency. 
 
 POLL. TAX RECEIPT. 
 
 No No $ 
 
 Date 19.. 
 
 Received from ' ^ ^ • • 
 
 Received from 
 
 In School district No. One Dollar, for Poll Tax for the year 19.. 
 
 Qounty ^^ School District No 
 
 x/ M^ • ' County, N. M, 
 
 Poll Tax for the year 
 
 19... Clerk of School District. 
 
OF THE STATE OF NEW MEXICO 127 
 
 NOTICE OF BOND ELECTION. 
 
 Notice is hereby given to the qualiefid voters of 
 
 School District No of 
 
 County, New Mexico, that an election will be held at 
 
 on the day of , 19.... 
 
 for the purpose of voting- upon the question of the issue of bonds in 
 
 the sum of Dollars 
 
 in denominations of Dollars 
 
 bearing interest at per cent, dated 
 
 and running for a period of years redeemable after 
 
 years, bonds sold and handled as provided by Section 
 
 1542, Compiled Laws of 1897, the receipts from the sale of said bonds 
 to be used for 
 
 Directors. 
 
 (Note. — This notice must state definitely the purpose or purposes 
 for which proceeds are to be used.) 
 
 FUEL CONTRACT. 
 
 This memorandum of agreement, made this 
 
 day of 19...., between 
 
 of the one part, and 
 
 as Directors of School District No in the County of , 
 
 New Mexico, of the other part. 
 
 WITNESSETH: That said 
 
 agrees to deliver at the school house in said District, on or before the 
 
 day of , 19 .... , tons of 
 
 coal and cords of wood, of a good quality at $ 
 
 per ton and $ per cord. 
 
 And said 
 
 as Directors, as aforesaid, are then and there to certify in favor of the 
 said for the sum due for said fuel. 
 
 Contractor. 
 
 Directors 
 
128 COMPILATION OF THE SCHOOL LAWS 
 BOl NDAKIiiS SCHOOL I>I&TRICT NO 
 
 
 
 
 
 
 . .County, 
 
 N. M., . . 
 
 
 ., 19 
 
 Boundaries of 
 District. 
 
 Corner. 
 
 Quarter. 
 
 Section. 
 
 1 Township. 
 
 Range. 
 
 Beginning at the 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 Miles to 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 County Superintendent of Schools, 
 
 NOnCE OF COMPUIiiORY SCHOOL ATTENDANCE. 
 
 All children between the ages of seven and fourteen years, physi- 
 cally able and residing within three miles of the school house, must 
 attend school during the entire term. A penalty of $25.00 may be 
 imposed upon a parent or guardian who violates this statute. (See 
 Sec. 1555, C. L. 1897, as amended.) 
 
 County Superintendent. 
 
 Board of Directors. 
 
 AVISO. 
 
 Todos los ninos de las edades de siete S, catorce afios, que no esten 
 dishabilitados fisicamente, y residiendo dentro de tres millas de la 
 casa de escuela, deben atender S, la escuela durante todo el tSrmirio de 
 la misma. Una multa de $25 6 encarcelamiento serS, impuesto al 
 padre 6 guardian que violare esta acta. (Vease, Leyes de Escuela, 
 1897, Sec. 1555 y Sub-Sec. 2.) 
 
 Superintendent de Condado. 
 
 Cuerpo de Directores. 
 
OF THE STATE OF NEW MEXICO 
 
 129 
 
 MONTHLY I13EPORT CARD. 
 
 (To be sent to parents by teacher for each child.) 
 
 Monthly Report of 
 
 for Term ending- 
 
 Teacher. 
 
 1. 
 
 2. 
 
 3. 
 
 4. 
 
 5. 
 
 6. 
 
 7. 
 
 8. 
 
 9. 
 10. 
 11. 
 12. 
 13. 
 14. 
 15. 
 16. 
 
 17 
 
 18 
 
 Absences, one-half days 
 Per cent of attendances 
 Tardy Marks 
 
 Reading 
 
 Spelling 
 
 Language 
 
 Arithmetic 
 
 Mental Arithmetic 
 
 Algebra 
 
 Physical Geography 
 
 Grammar 
 
 Geography 
 
 History 
 
 Civil Government . 
 
 Physiology 
 
 Physics 
 
 Chemistry 
 
 Latin 
 
 Penmanship ...... 
 
 -I- 
 
 Averages of Scholarship . 
 
 Signature of Parent or Guardian 
 
 Excellent, 
 Good, 
 Medium, 
 Poor, 
 
 95 to 100 
 
 85 to 95 
 
 75 to 85 
 
 below 75 
 
 1st Mo. 
 2d Mo. 
 3d Mo. 
 4th Mo. 
 
 TO PARENT OR GUARDIAN: Please examine the standing, sign 
 name in the proper blank, and return the card promptly. Let us work 
 together in educating the pupil. 
 
 N. B. — Use one card for each half of the entire term of school. 
 
Calendar 
 
 Board of Directors at the time of organizing in May should fix some 
 day for example, the last Saturday of each month upon which the 
 directors should meet regularly.) 
 
 JANUARY. 
 
 The first day of January is a legal holiday. 
 
 On or before the first Monday all fines collected for violation 
 of the penal laws must be paid the county, treasurer. 
 
 On or before the third Monday the county superintendent shall 
 apportion school funds among the districts of the county. 
 
 FEBRUARY. 
 
 On the first Monday, school district clerks shall post at least 
 four copies of the list of persons in the district liable to pay poll 
 tax. 
 
 The 12th day of February (Lincoln's birthday) may be observed 
 by the schools as a legal holiday. 
 
 The 22nd day of February ("Washington's birthday) may be ob- 
 served by the schools as a legal holiday. 
 
 MARCH. 
 
 On the second Monday in March school directors shall post 
 notices of election for school directors. Notices for election for 
 issuing bonds may be posted at the same time. 
 
 APRIL. 
 
 On the first Monday in April, election for school directors shall 
 be held. Elections for issuing bonds may be held at the same time. 
 
 On or before the first Monday, all fines shall be paid to the county 
 treasurer. 
 
 On or before the first Monday, clerks of school boards shall re- 
 port to the county clerk and the county superintendent lists of per- 
 sons paying poll tax and list of persons failing to pay poll tax. 
 
 On the third Monday, county superintendents shall apportion 
 school funds. 
 
 MAY. 
 
 On the first Monday, 'the term of office for school directors be- 
 gins. 
 
 On or before the first Monday, directors shall make estimate of 
 tax levy. 
 
 On or before the first Monday, the oath of office of school direc- 
 tors shall be filed with the c<)unty superintendent. 
 
OF THE STATE OF NEW MEXICO 131 
 
 JUNE. 
 
 On or before the first day of the month, the directors shall certify 
 to the county commissioners an estimate of the amount of funds 
 necessary for ensuing year. 
 
 The scholastic year ends June 30th, statistical reports from school 
 directors made by the clerk shall be filed in the office of the county 
 superintendent within ten days thereafter. 
 
 JULY. 
 
 On or before the first Monday, all fines shall be turned over to the 
 county treasurer. 
 
 The fourth day of the month is a legal holiday. 
 
 On or before the third Monday the county superintendent shall ap- 
 portion the county school funds among the districts. 
 
 AUGUST. 
 
 On or before the first day of the month, the county commission- 
 ers shall levy 1-2 mill state tax, 3 mills county tax and all special 
 district taxes. 
 
 On the first Saturday, the county superintendents must be in at- 
 tendance at the county seat for the transaction of official business. 
 
 SEPTEMBER. 
 
 On or before the first day of September, school directors shall 
 make an enumeration of all unmarried persons between the ages 
 of 5 and 21 years. 
 
 On or before the first day of September, directors shall post com- 
 pulsory attendance notices. 
 
 On the first Saturday, the county superintendent shall be in at- 
 tendance at the county seat for the transaction of official business. 
 
 OCTOBER. 
 
 On or before the first Monday all fines shall be turned over to the 
 county treasurer. 
 
 On the first Saturday, the county superintendent must be in at- 
 tendance at the county seat for the transaction of official business. 
 
 The twelfth day of the month (Columbus' birthday anniversary) 
 is a legal holiday. 
 
 NOVEMBER, 
 
 On the first Saturday, the county superintendant shall be in at- 
 tendance at the county seat for the transaction of official bi^siness. 
 
 DECEMBER. 
 The 2 5th day of December is a legal holiday. 
 
n 
 
 Directors' Guide 
 
 (The references are to pages in the first part of this book. See 
 index for other subjects. Proper forms will be found elsewhere in this 
 volume.) 
 
 ALCOHOLIC DRINKS AND NARCOTICS. 
 Duties. 
 
 Directors shall enforce instruction as to nature of and effect on 
 the human system, in connection with physiology and hygiene. 
 (Laws, 1912; chap. 29, sec. 3, page 79.) 
 Duties. 
 
 For not enforcing provisions concerning the teaching of effects 
 upon the human system. (Laws, 1912; chap. 29, sec. 3, page 79.) 
 
 ARBOR DAY. 
 Duties. 
 
 Directors shall require the observance of the second Friday in 
 March as Arbor Day, by the planting of trees and by appropriate 
 exercises. (Laws, 18 97: sec. 1625, (a,) page 36.) 
 
 (County Superintendent may fix some day earlier or later than 
 the second Friday of March to be observed according to law.) 
 
 BONDS. 
 Duties. 
 
 Directors shall submit question of bonding tbe district for the pur- 
 pose of building a school house to the voters of the district, upon an 
 order from the County Superintendent. (Laws, 1899: chap. 46, sec. 1, 
 page 38.) 
 
 Directors shall provide for the payment of interest on bonds and for 
 the redemption therof. This may be done from proceeds of special 
 levy or other funds of the district. (Laws, 1912: chap. 51, sec. 6, 
 page 82.) 
 Powers. 
 
 The directors shall have power and authority to borrow money for 
 the purpose of erecting and completing school houses, by issuing 
 negotiable bonds of the district. (By opinion of the Attorney General 
 proceeds of bonds may be used to purchase school site.) The ques- 
 tion of issuing bonds must, however ,be decided by majority of the 
 qualified voters (including women) of the district at some annual or 
 special election called in the usual way. One month's notice, (see form 
 of notice elsewhere), must be given and the amount to be raised and 
 the PURPOSE for which proceeds are to be used must be clearly 
 stated in the notice. (Laws 1897: sees. 1541-1542, page 18.) 
 Prohibitions. 
 
 Directors may not issue bonds until the boundaries (for form of 
 certificate see page 75) of the district have been established, (Laws, 
 1897: sec. 1545, page 19.) 
 
OF THE STATE OF NEW MEXICO 1 33 
 
 Total indebtedness of district may not exceed 6 per cent of the 
 assessed valuation of taxable property in district. (Constitution Art. 
 IX., sec. 11; also L. 1912, ch. 13, page 78.) 
 
 CENSUS OR ENUMERATION. 
 Duties. 
 
 On or before the first day of September each year, directors shall 
 make an enumeration (see form elsewhere) of all unmarried persons 
 between 5 and 21 years of age, in the district; giving names, ages and 
 sex of such persons in full, and reporting the same in writing which 
 shall be signed by ALL the directors and sent to the County Superin- 
 tendent within fifteen days thereafter. (Laws, 1897: sec. 1535, page 
 17.) (Laws, 1905: chap. 23, sec. 1, page 53.) 
 
 The clerk shall correctly enumerate of cause to be enumerated all 
 unmarried persons as specified in the foregoing, and shall receive 
 $1.50 for each hundred names or fraction thereof thus enumerated. 
 (Laws, 1905: chap. 23, sec. 1, page 53.) 
 Penalties. 
 
 For failure or refusal to return complete census. v^aws, 1903: 
 chap. 119, sec. 13, page 651.) 
 
 For false enumeration. (Laws, 1905: chap. 23, sec. 2, page 53.) 
 
 COMPULSORY EDUCATION. 
 
 Duties. 
 
 Directors shall compel parents, guardians or other persons having 
 control, care or direction of children between the ages of seven and 
 fourteen years (7 and 14) to send such children to the public schools 
 during the entire term of the school, unless such children are being 
 •sent to private or denominational schools of equal standing with the 
 public schools, and unless children are physically unfit for school 
 duties, and unless they live more than three miles from public schools. 
 (Laws 1897: sec. 1555, page 22.) 
 
 The clerk shall give public notice (see form of notice elsewhere) of 
 the foregoing compulsory education provision written or printed, both 
 in English and Spanish, posted in three conspicuous places in district, 
 or printed in a newspaper within the district. (Laws, 1897: sec. 1555, 
 sub-sec. 2, page 23.) 
 
 Directors shall, through the County Superintendent, purchase 
 books for indigent children; such books to be the property of the 
 district and to be loaned to such indigent children; but no district 
 may purchase more than $50.00 worth of books for this purpose, in 
 any one year. (Laws, 18 97: sec. 1555, page 23.) 
 
 Directors shall enforce compulsory education provisions upon deaf 
 mute children, with regard to the Asylum for Deaf Mutes, in the same 
 manner provided for enforcing attendance upon the district schools. 
 (Laws, 1899: chap. 42, sec. 4.) 
 
 ELECTION OF SCHOOL DIRECTORS. 
 Duties. 
 
 Directors shall post notices (see form of notice elsewhere) on the 
 second Monday in March; hold election on first Monday in April; act 
 as judges; administer oath (see form of oath elsewhere) to directors 
 
134 COMPILATION OF THE SCHOOL LAWS 
 
 elected; canvass vote; send ballots (see form of ballot elsewhere) and 
 certificate (see form of certificate of election elsewhere) of the result 
 of election to County Superintendent. Director or directors elected 
 shall file oath with County Superintendent before first Monday in May. 
 
 Qualified voters for election of school directors are all legal voters 
 residing in district. Legal voters at school elections are citizens, in- 
 cluding women, (page 7) of the United States, twenty-one years of 
 age who have lived in the precinct thirty days, in the county ninety 
 days; in the state twelve months. (Constitution, Art. VII, sec. 1.) 
 
 Idiots, insane persons, persons convicted of a felonious or infamous 
 crime unless restored to political rights, and Indians not taxed may 
 not vote at any election. (Constitution, Art VII, sec. 1.) 
 
 Payment of poll tax not required. 
 
 Contest of election must be made within thirty days. (Laws 18 97: 
 sec. 15 32, page 15.) 
 
 One director only shall be voted for at each annual election, except 
 in case of vacancy, and he shall hold office for three years. (Laws, 
 1901: chap. 55, sec. 2, page 44.) 
 
 When vacancies are filled by election the person elected to fill a 
 vacancy shall serve only the unexpired period of the person in whose 
 place he is elected. 
 
 Women may hold the office of School Director. (Constitution, Art. 
 VII, sec. 2, page 7.) 
 
 > Upon creation of a new district, County Superintendent appoints 
 (see form of certificate of appointment elsewhere) three directors to 
 serve until next regular election. (Laws, 1907; chap. 97, sec. 22. 
 page 66) (but see also Laws, 1897: sec. 1527, page 14.) 
 
 At first election after creation of district, three directors shall be 
 voted for, one to hold office three years, one to hold office two years, 
 and one to hold office one year. (Laws, 1901: chap. 55, sec. 1, page 
 44.) Write your county superintendent for information as to correct 
 form of poll book. 
 Penalties. 
 
 For failure to call elections and post proper notices. (Laws, 1897: 
 sec. 1532, page 15.) 
 
 For failure to perform all duties in connection with elections. 
 (Laws 1909: chap. 121, sec. 12, page 76.) 
 EXPENDITURES. 
 Duties. 
 
 All expenditures must be made by written warrant (see form of 
 warrant elsewhere) signed by the chairman and the clerk of the 
 school board and approved by County Superintendent. Itemized 
 statements must accompany warrants. (Laws, 18 97: sec. 1536, page 
 18; Laws, 1903: sees. 7-12, chap. 119, pages 50-51; Attorney General's 
 decision.) 
 Prohibitions. 
 
 Directors may not incur debts aggregating more than six per cent 
 of the assessed value of taxable property. (Constitution, Art. IX, 
 sec. 11; Laws 1912, chap. 13. page 78.) 
 
 Directors may not incur debts for any current year which can not 
 be paid out of the money actually collected and belonging to that 
 
OF THE STATE OF NEW MEXICO 133 
 
 year. (Laws, 1897: sec. 299, page 11; Laws, 1897: sees. 300, 301, 
 pages 11, 12.) 
 
 DIRECTORS MAY NOT ACT AS AGENTS OR RECEIVE COM- 
 MISSION OR BE PARTIES DIRECTLY OR INDIRECTLY TO ANY 
 CONTRACT CONDUCTING PUBLIC SCHOOLS. (LAWS, 1913: 
 CHAP. 70, PAGE 95.) 
 
 Penalties. 
 
 For incurring indebtedness for current year which can not be paid 
 out of money collected for and belonging to that year. (Laws, 1897: 
 sec. 299, page 11.) 
 
 For paying public money to any other than a legally qualified 
 teacher, see penalty. (Laws, 1907: chap. 97, sec. 8, page 60.) 
 
 Note. — For form of contracts for fuel ,etc., and teacher, see else- 
 where in this book. 
 
 FLAGS. 
 Duties. 
 
 Directors shall procure a Unite^d States flag at least five feet long, 
 flag staff, etc., for display on or in the school house; and shall replace 
 the same when necessary. 
 
 Directors shall cause the flag to be displayed on suitable occasions 
 during the school hours upon the school building or premises, and 
 shall estabhsh rules and regulations for the proper care and display 
 of the flag. When it is not displayed on the school building, directors 
 shall require it to be placed conspicuously in the principal room of 
 the school building. (Laws. 1905: chap. 48, sees. 1-2, page 53.) 
 
 GENERAL. 
 Duties. 
 
 Directors shall have general control and management, subject to 
 County Superintendent. (Laws, 1897: sec. 1535, page 17.) 
 
 Directors shall defray all contingent expenses connected with the 
 proper conduct of the schools of the district. (Laws, 1912: chap. 51, 
 sec. 6, page 82.) 
 Penalties. 
 
 For failure to perform certain duties. (Laws, 1897: sec. 1535, page 
 17; Laws, 1903: chap. 119, sec. 8, page 50; Laws, 1909: chap. 121, 
 sec. 12, page 76.) 
 
 HOLIDAYS. 
 
 In addition to the legal holidays designated by law, viz: July fourth, 
 Columbus Day (Chap. 10, L. 1912, page 78), December twenty-fifth, 
 and January first, and all days designated by proclamation of the gov- 
 ernor as fast days or thanksgiving days, February twelfth (Lincoln's 
 birthday) and February twenty-second (Washington's birthday) may 
 hereafter be observed by the public schools as legal holidays; and, 
 provided any teacher or teachers in the rural districts and village 
 schools shall have arranged beforehand a program of exercises by the 
 pupils appropriate for the occasion for the preceding day, the direc- 
 
136 COMPILATION OF THE SCHOOL LAWS 
 
 tors of such district shall not deduct any moneys from teachers' salary 
 because of their absence from active school duty on such holiday. 
 (Laws, 1903: chap. 119, sec, 20, page 52; Laws, 1905: chap. 48, sec. 3, 
 page 54.) 
 
 Note. — The original provision of the law of 1907 giving a teacher 
 regular salary during the holiday vacation for a period not to exceed 
 fifteen days has been repealed. The length of the holiday vacation is 
 fixed by the Board of School Directors and it may be made one day 
 or one month, whatever the Board may decide. If no exercises are 
 prepared, salary may be deducted for even one day. 
 
 ORGANIZATION AND MEETING. 
 Duties. 
 
 Five days after qualification of elected director or directors, (elec- 
 tion having been properly held and certified to County Superintendent, 
 and oath of elected director having been filed with County Superin- 
 tendent before first Monday in May) the three directors shall meet 
 and organize by electing a chairman and a clerk; and two directors 
 shall constitute a quorum which shall be competent to discharge all 
 the duties of a full board. 
 
 Directors shall meet at their accustomed place at least once every 
 thirty days, for the transaction of public business. (Laws, 1903: 
 chap. 119, sec. 11, page 50.) 
 
 Vacancy in the board, occurring between elections, shall be filled 
 by appointment (for form of certificate, see elsewhere) by County 
 Superintendent; the director so appointed to serve until the next elec- 
 tion. (Laws, 1897: sec. 1533, page 16.) 
 
 Note. — Records should be carefully kept of all transactions of the 
 board and these together with all papers, etc., should be given into 
 the hands of the succeeding board. 
 
 POLL TAX. 
 
 The clerk shall make out lists (form form of notice and list, see 
 elsewhere) of residents in his district liable to pay poll tax, and, for 
 this service, shall receive $3.00, to be paid by warrant, signed by the 
 directors and approved by County Superintendent. (Laws, 18 97: sec. 
 1549, page 21.) 
 
 The clerk shall make at least four copies of names of persons liable 
 to pay poll tax to be used in the following manner: 
 
 1. On the first Monday in February, he shall post one list in some 
 conspicuous place in the district, for the information of the people. 
 
 2. On or before the first Monday in April, he shall report a com- 
 plete list, in writing, to the county clerk and 
 
 3. A complete list, in writing, to the County Superintendent; and 
 he shall report to said Superintendent the amount of poll tax collected, 
 from whom collected, the names of persons still delinquent and the 
 reasons for such delinquency; and further, 
 
 4. One such complete list shall be filed in the office of the school 
 district clerk. (Laws, 1897: sec. 1550, page 22.) 
 
OF THE STATE OF NEW MEXICO 137 
 
 The clerk shall collect said poll tax (for form of receipt, see else- ' 
 where) and shall receive 10 per cent of all moneys collected from 
 poll taxes. 
 
 All poll taxes shall be paid to the County Treasurer for the use of 
 the district, and the Treasurer shall pay to the clerk his percentage of 
 the gross amount collected. (Laws, 1897: sec. 1549, page 21.) 
 Powers. 
 
 Clerk may bring suit for collection of poll tax if tax is not paid 
 thirty days after first demand. (Laws, 1897: sec. 1549, page 21.) 
 
 Clerk may demand of any person, firm or corporation a list of em- 
 ployes, and if he finds the names of persons liable to pay poll tax in 
 the district who have not paid such tax, he shall give such names to 
 employer; and said employer shall pay poll tax, taking receipt from 
 collector, and deduct amount of poll tax from any moneys due em- 
 ploye. 
 
 (Refusal on the part of any employer to comply with the foregoing 
 shall be punished by fine.) (Laws, 1907: chap. 96, sees. 1, 2, page 56.) 
 Penalties. 
 
 Clerk failing to collect poll tax. (Laws 1909: chap. 121, sec. 12, 
 page 76.) 
 
 N. B. — In order that no possible difficulty may arise in the collection 
 of poll tax through the courts, it is recommended that on April 1st, 
 the clerk post in three conspicuous places lists of persons delinquent in 
 the matter of payment of poll tax. If payment is not made within 
 thirty days, bring suit. 
 
 No property exempt from execution. 
 
 Justices and constables shall not demand fees in advance. 
 
 Persons exempt from payment of poll tax: Firemen, persons bod- 
 ily disabled, militiamen. 
 
 Sec. 1762, C. L. 1897; Sec. 1549, C. L. 1897; Sec. 2278, C. L. 1897. 
 
 PUPILS. 
 
 Powers. 
 
 Directors may admit non-resident pupils if school accommodations 
 are sufficient, may determine the rate of tuition (not to exceed 20 
 percent more than the average cost per capita for education), and 
 collect the same. (Laws, 1907: chap. 97, sec. 29, page 69.) 
 
 Pupils who become five years of age after September first, the date 
 of enumeration, should not.be allowed to enter school until the next 
 school year. 
 Penalties. 
 
 For refusing to receive pupils on account of race or color. (Laws, 
 1897: sec. 1556, page 24.) 
 
 QUALIFICATIONS OF DIRECTORS. 
 
 Any qualified director may hold this office. (Constitution, Art. VII, 
 sec. 2.) (Persons convicted of certain serious crimes are disqualified.) 
 
 No restrictions on account of religion, race, language or color, or 
 inability to speak, read or write the English or Spanish languages. 
 (Constitution, Art. VII, sec. 3.) 
 
38 COMPILATION OF THE SCHOOL LAWS 
 
 Directors must have been regularly elected, and must have qualified 
 by taking oath and by filing same with County Superintendent. (Laws, 
 1897: sec. 1532, page 15.) 
 
 Should be a citizen of the United States and of legal age. (No re- 
 strictions as to sex.) (Constitution, Art. XII, sec. 2.) 
 
 REPORTS. 
 Duties. 
 
 On or before the first day of July the clerk shall make a report in 
 writing to the County Superintendent, shawing the amount of money 
 collected and expended for school house sites, school houses, fuel, 
 interest on bonds, contingent expenses and salaries paid teachers 
 within the twelve months preceding . (Laws, 1897: sec. 1535, 
 page 17.) 
 
 When contracts for public school buildings have been let, the clerk 
 shall make to the County Superintendent, from time to time as the 
 said Superintendent shall require, an itemized statement under oath, 
 of cost of labor and material used and work done where practicable, 
 and apparatus required and used for conducting and furnishing said 
 building. (Laws, 1913: chap. 70, page 95.) 
 
 Between the first day of June and the first day of July each year, 
 the clerk shall make a report to the County Superintendent in writing, 
 showing in detail the financial condition of the district; the amount of 
 money received and from what source, including receipts from poll 
 taxes, etc., district bonds or special levies, and the manner in which 
 the same has been disbursed during the previous year, amount ex- 
 pended for repairs or improvements of school houses and grounds, 
 whether rented or owned by the district, the value of all school 
 property, amount of bonded indebtedness of district, status of interest 
 fund, amounts paid for rent, fuel, etc., salaries paid teachers for the 
 preceding year, the number and sex of the school population, and 
 amount expended for books for indigent children under Sec. 1555, 
 Compiled Laws of 1897, as amended. (Laws, 1903: chap .119, sec. 8, 
 page 50.) 
 
 Within ten days after the end of the scholastic year June 15th, 
 directors shall file statistical (see paragraph 1 of this section) reports 
 with the County Superintendent, as are required by law. (Laws, 
 1907: chap. 97, sec. 24, page 68.) 
 
 The clerk shall report to the County Superintendent name, age, sex, 
 and residence of all deaf mute children in the district, together with 
 P. O. address of parents or guardians. (Laws, 1899: chap. 42, sec. 4.) 
 Penalties. 
 
 For failure to make reports and to perform other duties. (Laws, 
 1897: sec. 1535, page 17; Laws, 1903: chap. 119, sec. 8, page 50; 
 Laws, 1909: chap. 121, sec. 12, page 76.) 
 
 SCHOOL FUNDS. 
 Penalties. 
 
 For using public money for private purposes or for any ether legal 
 purposes. (Laws, 1897: sees. 1125, 1126; Laws, 1913: chap. 74, sec. 
 6, page 99.) 
 
OF THE STATE OF NEW MEXICO 139 
 
 SCHOOL PROPERTY — SCHOOL HOUSES, SITES, FURNITURE, 
 
 EQUIPMENT, ETC. 
 Duties. ^ 
 
 Directors shall have care and keeping of school property. (Laws, 
 1897: sec. 1533, page 17.) 
 
 Directors shall, by purchase or lease, provide a suitable school 
 house, and shall keep the same in repair. (Laws, 1912:' chap. 51, 
 sec. 6, page 82.) 
 
 Dirctors shall submit question of issuing bonds for building school 
 house to the voters of district upon order from County Superintend- 
 ent. (Laws, 1899: chap. 46, sec. 1, page 38.) 
 
 District may borrow money for erecting or furnishing school build- 
 ings and purchasing school grounds. (Laws, 1912: chap. 13, page 78.) 
 When surplus to the credit of school district is used to procure suit- 
 able school house site and to erect a proper school house there, the 
 directors shall open proper books of account with said surplus fund, 
 and enter receipts and disbursements on account of fund; and take 
 itemized bills in duplicate, one to be kept by directors, and one to be 
 submitted with warrant drawn in payment, to the County Treasurer. 
 (Laws, 1903: chap. 37, sees. 1, 2, pages 46, 47.) 
 
 When letting contracts for public school buildings, directors shall 
 require of the contractor good and sufficient bond for the faithful 
 execution of said contract. (Laws, 1913: chap. 7 0, page 96.) 
 
 The clerk shall make an itemized statement under oath, of the cost 
 of labor and material used and work done where practicable, and ap- 
 paratus required and used for conducting and furnishing said building; 
 and directors shall consult with and solicit the cooperation of County 
 Superintendents whenever it becomes necessary to purchase furniture, 
 fixtures, etc., for district school. (Laws, 1913: chap. 70, page 96.) 
 
 If surplus money is not sufficient to complete buildings, directors 
 shall carry on construction so far as funds permit and succeeding 
 boards of directors shall proceed with the work, according to con- 
 tract, until work is completed. (Laws, 1903: chap. 37, sec. 3, 
 page 47.) 
 
 (For securing state aid in school building, see Laws 1913, chap. 74, 
 page 96. This applies only to such districts as are unable to main- 
 tain a five months' term without state aid.) 
 
 Burning of school building, penalty for. (Laws, 1897: sees. 1103, 
 1104.) 
 Powers. 
 
 Directors may open school house for the use of religious, political, 
 literary, scientific, mechanical, agricultural and industrial societies 
 belonging to the district, for the purpose of holding business or public 
 meetings of said societies. (Laws, 1897: sec. 1533, page 16.) 
 
 Directors may borrow money for the purpose of erecting and com- 
 pleting school houses, by issuing bonds of the district. (Laws, 1897: 
 sec. 1541, page 18.) 
 
 Directors may submit to the voters of the district, at the annual or 
 any special meeting called for the purpose, the question of issuing 
 bonds for erecting or completing school house , giving the same notice 
 
140 COMPILATION OF THE SCHOOL LAWS 
 
 of such meeting as is now required for the election of directors, and 
 the amount proposed to be raised by the sale of bonds. This question 
 shall be voted upon by the qualified voters, including women, of the 
 district, and if a majority are in favor of the issue of bonds ,the di- 
 rectors shall issue bonds to the amount voted. (Laws, 1897: sec. 1542, 
 pag-e 18.) 
 
 Directors may withdraw Surplus in general school fund to credit of 
 district, for the purpose of procuring a suitable site and building a 
 school house thereon. (Laws, 1903: chap. 37, sees. 1-5, page 46.) 
 
 Directors may secure site and proceed with the building of school 
 house so far as funds on hand for that purpose will permit. (Laws, 
 1903: chap. 37, sec. 3, page 47.) 
 
 Directors may expend money from treasury for insurance of school 
 building. (Laws, 1903: chap. 37, sec. 4, page 47.) 
 
 Directors may maintain more than one school in district. (Laws, 
 1907: chap. 97, sec. 22, page 66.) 
 Prohibitions. 
 
 Directors may not incur obligations in securing site, building, or 
 repairing school houses, beyond the amount available in the county 
 treasury, for such purposes, except by issuance of bonds. (Laws, 
 1903: chap. 37, sec. 2, page 47.) 
 Penalties. 
 
 For locating brothels near school house. (Laws, 1901: chap. 84 
 page 44.) 
 
 For refusing to submit question of issuing bonds for building. 
 (Laws, 1899: chap. 46, sees. 1-3, page 38.) 
 
 For failure to carry out provisions as to use of surplus funds for 
 securing site and building as directed by County Superintendent. 
 (Laws, 1903: chap. 37, sec. 5, page 47.) 
 
 N. B. — Write Department of Education, Santa Fe, N. M., for book 
 of plans and speciflcations for school buildings, when you are con- 
 templating building a school house. 
 
 TAX LEVY. 
 Duties. 
 
 On or befdre the first Monday in May, the directors shall, to pro- 
 vide necessary funds for school purposes, make estimate on the tax- 
 able property of the district for tax levy. (Laws, 1912: chap. 51, sees. 
 7, 8, page 83.) 
 
 Directors shall on or before the first day of June^ certify lax levy, 
 when made, to County Commissioners and said levy, when approved 
 by County Commissioners, shall be collected and accounted for as 
 other taxes. (Laws, 1912: chap. 51, sec. 8, page 83.) 
 
 To provide necessary funds for conducting school, directors in rural 
 districts may levy tax, not to exceed 15 mills on the dollar in any 
 one year, on the taxable property of the district. Boards of education 
 in incorporated cities, towns and villages may levy 20 mills. (Laws, 
 1912: chap. 51, sec. 8, page 83.) 
 
 If directors fail to make levy or if their levy is not approved, the 
 
OF THE STATE OF NEW MEXICO 141 
 
 county commissioners shall levy what in their judgment is needed. 
 (Read carefully chap. 51, Laws, 1912: page 83.) 
 
 County Commissioners must also make one-half mill state levy and 
 3 mills county levy. (Laws, 1912: chap. 51, sees. 1, 9, page 81.) 
 
 TEACHERS. 
 Duties. 
 
 Directors shall employ (for form of contract, see elsewhere) and 
 pay teachers. (Laws, 1897: sec. 1535, page 17.) 
 
 Directors shall require certificate of health showing that teacher is 
 not afflicted with tuberculosis or consumption in transmissible form. 
 (Laws, 1901: chap. 43, sees, 2-3, page 42.) 
 
 Directors shall, upon complaint of taxpayer, require teacher to take 
 health examination, (Laws, 1901: chap. 43, sec. 5, page 43.) 
 
 Directors shall discharge teachers unable to pass health examina- 
 tion. (Laws, 1901: chap. 43, sec. 5, page 43.; 
 
 Directors shall pay teachers monthly. (Laws, 1901: chap. 57, sees, 
 1, page 4 4.) School month shall consist of four weeks of five days 
 each, and a school day shall consist of six hours, but the noon inter- 
 mission is not to be counted as part of the six hours.) (Laws, 1897: 
 sec. 1557, page 24.) 
 
 Directors shall employ only legally qualified teachers. A legally 
 qualified teacher is one who holds three certificates: 
 
 1. A health certificate. 
 
 2. A certificate of attendance at Institute held within twelve 
 months, or. 
 
 An excuse for non-attendance signed by the County Superintendent 
 and the State Superintendent of Public Instruction. 
 
 3. A teacher's certificate signed by the State Superintendent of 
 Public Instruction, or, 
 
 A permit signed by the County or State Superintendent, (for form, 
 see elsewhere). (Laws, 1907: chap. 97, sec. 8, page — .) 
 Directors shall pay teachers' wages according to law. 
 
 1. Teachers holding third grade certificates and permits may not 
 draw over $50.00 per month. 
 
 2. Holders of second grade certificates may not draw over $75.00 
 per month. (Laws, 1907: chap. 97, sec. 26, page 68.) 
 
 Directors shall pay teachers not to exceed one month, if school is 
 closed by directors on account of danger from disease, loss by fire, 
 etc. (Laws ,1907: chap. 97, sec. 26, page 68.) 
 
 Two directors shall sign teachers' warrants, and County Superin- 
 tendents shall approve if legal requirements have been met. (Laws, 
 1897: sec. 1536, page 18.) 
 
 Teachers shall keep records and make reports to County Superin- 
 tendent (for form of reports, see elsewhere). (Laws, 1897: sec. 1536, 
 page 18.) 
 
142 COMPILATION OF THE SCHOOL LAWS 
 
 Prohibitions. 
 
 Directors may not deduct any money from teacher's salary be- 
 cause of absence from active duty on legal holiday, if program in 
 celebration shall have been held on day previous. (Laws, 1903: chap. 
 119, sec. 20, page 52.) 
 Penalties. 
 
 For failure to require certificate of health from teacher. (Laws, 
 1901: chap. 43, sec. 6, page 44.) 
 
 For violating provisions with reference to payment of teachers' 
 salaries. (Laws, 1897, sec. 1535, page 17.) (Laws, 1907: chap. 97, 
 sec. 26, page 68.) (Laws, 1909: chap. 121, sec. 12, page 76.) 
 
 TEXT BOOKS. 
 Penalties. 
 
 For knowingly permitting any other text book to be used in the first 
 eight grades than those approved and adopted by State Board of 
 Education. (Laws, 1907: chap. 97, sec. 9, page 61); also (Constitu- 
 tion, Art. 20, sec. 17.) 
 
 Note. — List of adopted texts may be found in Manual of the Course 
 of Study for Common Schools, a copy of which should be in the hands 
 of each teacher. Upon request, a list will be sent from the office of 
 the Superintendent of Public Instruction. 
 
 VACCINATION. 
 Duties. 
 
 The teacher shall see that the children in his district are success- 
 fully (this means that children have been vaccinated within five years 
 and vaccination is effective; physician's certificate that vaccination is 
 effective is sufficient) vaccinated or have been vaccinated within one 
 year previous, and shall make report to the County Superintendent. 
 (Laws, 1901: chap. 17, sec. 26, page 41.) (Laws, 1903: chap. 103, 
 sec. 29, page 48.) 
 
 Directors shall pay for vaccination of children whose parents are 
 unable to pay by reason of poverty. (Laws, 1901: chap. 17 ,sec. 27. 
 page 41.) (Laws, 1903: chap. 103, sec. 30, page 49.) 
 Powers. 
 
 Directors may appoint physician to vaccinate children. (Laws, 
 1901: chap. 17, sec. 27, page 41.) 
 Penalties. 
 
 Parents refusing to have children vaccinated subject to a fine of 
 $10.00 to $100.00. (Laws, 1903: chap. 103, sec. 29, page 49.) 
 
Index 
 
 ANNEXATION OF— 
 
 Territory, city and town districts, C. L. 1897, sec. 1563 25 
 
 Rural districts, L. 1907, Ch. 97, sec. 22 66 
 
 APPORTIONMENT OF SCHOOL. FUNDS — 
 
 State current, state superintendent to make L. 1912, Ch, 
 
 51, sec. 3 82 
 
 ARBOR DAY — 
 
 C. L. 1897, sec. 1625 36 
 
 ALCOHOLICS AND NARCOTICS — 
 
 Teaching- effects of, L. 1912, Ch. 29 79 
 
 ASSESSOR — 
 
 To make returns for school districts, C. L. 1897, sec. 1547... 19 
 
 ATTENDANCE — 
 
 School, Const., Art. XXI, sec. 4, 5 10 
 
 Actual residents have privilege of, C. L. 1897, sec. 1556.... 23 
 
 Cities and towns, C. L. irS7, sec. 1562 24 
 
 Compulsory attendance, C. L. 1897, sec. 1555 22 
 
 BOARDS OF EDUCATION, CITY AND TOWN — 
 
 Annexation of territory C. I.,. 1897, sec. 1563 25 
 
 Contracts, members not to be interested in, L. 1913, Ch. 70.. 96 
 
 Corporate body, C. L. 1897, sec. 1564 25 
 
 Election of, officers, vacancies, powers, C. L. 1897, 
 
 sec. 1567-1611 26 
 
 Elections, terms, powers (city), L. 1912, Ch. 43 81 
 
 Elections, terms, powers (town), L. 1913, Ch. 67 94 
 
 Institutes, special, may hold in cities, L. 1901, Ch. 67 41 
 
 Levies, special, L. 1912, Ch. 51, sec. 8 83 
 
 Superintendent, rhay employ for two years, L. 1903, Ch. 119.. 50 
 
144 ' COMPILATION OF THE SCHOOL LAWS 
 
 BOARD OF EDUCATION, STATE — 
 
 Business colleges, correspondence schools, etc., powers in con- 
 nection with, L. 1913, Ch. 77 100 
 
 Certificates, teachers, to issue, L. 1907, Ch. 97, sec 3, 4, 5 . . . . 57 
 
 Certificates, to revoke, L. 1907, Ch. 97, sec. 7 60 
 
 Composition, appointmet, powers. Const., Art. XII, sec. 6 . . . . 9 
 Industrial education, to prescribe course for, L. 1912, Ch. 
 
 52, sec. 1 84 
 
 Institute attendance, may excuse from, L. 1907, Ch. 97, sec. 6 59 
 
 Institutes, to prescribe courses for, L. 1907, Ch. 97, sec. 6... 59 
 
 Meetings, mileage, per diem, L. 1907, Ch. 97, sec. 1 56 
 
 Organization and powers, L. 1907, Ch. 97, sees. 1, 2 . 56 
 
 Terms, L. 1912, Ch. 37 80 
 
 BONDS— 
 
 School, C. L. 1897, sees. 1541, 1542, 1545, 1547 18 
 
 Cities, bond issues in, C. L. 1897, sees. 1584, 1590 29 
 
 Election, necessary, Const., Art. IX, sec. 1 8 
 
 Petition, bond election to be called on, L. 1897, Ch. 46 38 
 
 (See also references under indebtedness.) 
 Qualifications for voting at elections (see elections). 
 
 BOUNDARIES OF SCHOOL DISTRICTS — 
 
 Changing lines, L. 1907, Ch. 97, sec. 22 66 
 
 Establishment of necessary, C. L. 1897, sec. 1545, 1547 19 
 
 Location, L. 1907, Ch. 97, sec. 23 68 
 
 BROTHELS — 
 
 Restrictions as to location, L. 1901, Ch. 84 44 
 
 BUILJ)ING, SCHOOL — 
 
 (See references under Bonds.) 
 
 Borrowing money for, L. 1912, Ch. 13 78 
 
 .Expenditures, method of making, L. 1903, Ch. 37, sec. 2 46 
 
 Insurance, L. 1903, Ch. 37, Sec. 4 47 
 
 Surplus, one-fifth to be set aside, L. 1899, Ch. 46 38 
 
 Surplus, use of, L. 1903, Ch. 37 46 
 
 Surplus in sinking funds, L. 1912, Ch. 51, sec. 10 83 
 
 State aid for, L. 1913, Ch. 74 96 
 
 Use of, C. L. 1897, sec. 1533 17 
 
 Site for. 
 
 BUSINESS COLLEGES, correspondence Schools, etc., L. 1913, 
 
 Ch. 77 100 
 
 CERTIFICATES OF TEACHERS — 
 
 County and professional certificates and permits, L. 1907, 
 
 Ch. 97, sees. 3, 4, 5 .' 57 
 
 Revocation of, L. 1907, Ch. 97, sec. 7 60 
 
OF THE STATE OF NEW MEXICO 145 
 
 computjSory school attendance — 
 
 Const., Art. XII, sec. 5 9 
 
 C. L. 1897, sec. 1555 22 
 
 CORRESPONDENCE SCHOOI i?, ETC. — 
 
 L. 1913, Ch. 77 100 
 
 CURRICULUM — 
 
 Subjects of, C. L. 1897, sec. 1529 15 
 
 History and civics, L. 1912, Ch. 41 80 
 
 Industrial subjects, L. 1912, Ch. 52 84 
 
 In county high schools, L. 1912, Ch. 47, sec. 11 * 88 
 
 Physiology, including effects of alcoholics and narcotics, 
 
 L. 1912, Ch. 29 79 
 
 DAY AND MONTH— 
 
 School, defined, C. L. 1897, sec. 1557 '. 24 
 
 DELINQUENT TAXES — 
 
 Distribution of, L. 1912, Ch. 77 89 
 
 Amending act, I.. 1913, Ch. 18 90 
 
 DIRECTORS, BOARDS OF, IN RURAI^ DISTRICTS — 
 
 Accounts to be itemized, L. 1903, Ch. 119 50 
 
 Contracts, not to be interested in, L. 1913, Ch. 70 96 
 
 Election, procedure, penalty, contest, etc., C. L. 1897, 
 
 sec. 1532 15 
 
 Enumeration, to make, L. 1905, Ch. 23 53 
 
 Levies, to estimate amount for, L. 1912, Ch. 51, sec. 7, 8, 9 . . . 83 
 
 Organization, vacancies and duties, C L. 1897, sees. 1533. 35.. 17 
 
 School houses, etc., to provide, L. 1912, Ch. 51, sees. 7, 8, 9 . . 83 
 
 Reports, to make, L. 1903, Ch. 119 50 
 
 L. 1907, Ch. 97, sec. 24 68 
 
 Terms, L. 1901, Ch. 55 44 
 
 Women eligible to hold office of, Const, Art. VII, sec. 1 7 
 
 (See also reports and penalties). 
 
 DISTRICTS, SCHOOL— 
 
 Creation of, C. L. 1897, sec. 1527 ' 14 
 
 Creation, alteration, division of, L. 1907, Ch. 97, sec. 22 66 
 
 Corporate body, directors, C. L. 1897, sec. 1530 15 
 
 Classification of, L. 1912, Ch. 51, sec. 4 82 
 
 Location of boundaries of, L. 1907, Ch. 97, sec. 23 68 
 
 ELECTIONS, SCHOOL— 
 
 Legal voters. Const., Art. VTI, sec. 1 (first part) 7 
 
 Poll tax, payment of, not r-equired. 
 
 Qualification of voters at. Const., VII, sec. 1 7 
 
 Time, procedure, contests, C. L. 1897, sec. 1532 15 
 
 Women eligible to vote at. Const., Art, VII, sec. 1 7 
 
146 COMPILATION OF THE SCHOOL LAWS 
 
 ENGLISH — 
 
 Teaching of, required, Const., Art. XXI, sec. 4 10 
 
 KNUMEKATION— 
 
 C. L. 1897, sec. 1535 17 
 
 Penalty for failture to make, or for false enumeration, L. 190.3, 
 
 Ch. 119, sec. 13 51 
 
 L. 1905, Ch. 23, sec. 2 53 
 
 FLAGS — 
 
 School boards to furnish, L. 1905, Ch. 48 53 
 
 FOREST RESERVE EARNINGS — 
 
 L. 1909, Ch. 119 73 
 
 FUNDS, SCHOOL, COUNTY — 
 
 Accounting and settlement of collections, C. L. 1897, sec. 684. 13 
 
 Apportionment of, L. 1907, Ch. 97, sec. 20 65 
 
 L. 1912, Ch. 51, sec. 3 82 
 
 Collector to turn over at specified times, C. L. 18 9 7, sec. 1539. 18 
 Forest reserve earnings (for certain counties), L. 1909, 
 
 Ch. 119 73 
 
 Levy, county, three mills, L. 1912, Ch. 51, sec. 9. . . 83 
 
 Licenses, saloon, one-third, L. 1901, Ch. 29 41 
 
 Treasurers, to notify county superintendents, C. L. 189 7, 
 
 sec. 15 48 20 
 
 FUNDS, SCHOOL DISTRICT— 
 
 Apportionment of county and state funds, L. 1912, Ch. 51, 
 
 sec. 3 • 82 
 
 L. 1903, Ch. 119, sec. 15 51 
 
 Levies, special, L. 191 2, Ch. 51, sec. 8 82 
 
 Licenses, saloon, two-thirds, L. 1901, Ch. 29 41 
 
 Poll taxes, C. L. 1897, sec. 1549 21 
 
 State aid, L. 1 912, Ch. 51, sec. 5 82 
 
 FUNDS, SOHOOIj, STATE — 
 
 Apportionment of, L. 1912, Ch. 51, sec. 3 . 82 
 
 Building fund for weak districts, L. 1913, Ch. 74 96 
 
 Collections to be turned in promptly, C. L. 1897, sec. 153 9. . ; . 18 
 
 Current fund, Const, Art. XII, sec. 4 9 
 
 Permanent, Const., Art. XIT, sec. 1 . '. 8 
 
 Investment of. Const, Art XII, sec. 7 .............. .. . . 9 
 
 Reserve fund for five months' term. Const., Art. XII, sec. 4 . . 9 
 
 L. 1912, Ch. 51, sec. 5 . .. 82 
 
 Tax, one-half mill, L. 1912, Ch. 51, gee. 1 81 
 
OF THE STATE OF NEW MEXICO 147 
 
 HIGH SCHOOIvS — 
 
 Cities may establish, C. L. 1897, sec. 1569 26 
 
 County high schools, L.. 1912, Ch 85 
 
 L. 1913, Ch. 20 91 
 
 HISTORY AND CIVICS OF NEW MEXICO — 
 
 Teaching- of, exaniinations, L. 1912, Ch. 41 80 
 
 HOLIDAYS— 
 
 L. 1903, Ch. 119, sec. 20 .... 52 
 
 Columbus Day, L. 1912, Ch. 10 78 
 
 Lincoln Day, L. 1905, Ch. 48, sec. 3 54 
 
 Programs for special days, L. 1907, Ch. 97. sec. 13 63 
 
 INDEBTEDNESS — 
 
 Bateman act, limiting expenditures, C, L, 1887, sec. 299 11 
 
 Judgments, no execution, special levy. Const, Art. VIII, 
 
 sec. 13 8 
 
 Election necessary to incur. Const. Art. IX, sec. 1 8 
 
 L. 1912, Ch. 13 78 
 
 Speculation in evidences of, unlawful, C. L. 1897, sec. 406. ... 12 
 
 INDUSTRIAL EDUCATION — 
 
 Director of, L. 1912, Ch. 52, sec. 2 8 1 
 
 INSTITUTES— 
 
 L. 1907, Ch. 97, sec. 6 58 
 
 Cities may hold separate, L. 1901, Ch. 27 41 
 
 LANDS, SCHOOL — 
 
 Const., Art. XIII, sec. 1 10 
 
 State land office, commissioner, provisions, L. 1912, Ch. 82.. 77 
 
 LAS VEGAS, investment of permanent fund, L. 1912, Ch. 64 88 
 
 Amending act, L. 1913, Ch. 86 101 
 
 \IINORS— 
 
 Drunkards and lunatics, children of, C. L. 1897, sec. 1911... 37 
 Employment of children, legislature shall regulate, Const., 
 
 Art. XX, sec. 10 10 
 
 Pool rooms, not to loiter in, L. 1913, Ch. 15 90 
 
 Saloons, not to frequent, L. 1901, Ch. 3 39 
 
 MONTH, SCHOOL, DEFINED — 
 
 C. L. 1897, sec. 1557 24 
 
 ORPHANS' HOME AND INDUSTRIAL SCHOOL — 
 
 C. L. 1897, sees. 1617, 1622 35 
 
148 COMPILATION OF THE SCHOOL LAWS 
 
 PENALTIES — 
 
 For failure in duties of officers in connection with schools, 
 
 L. 1909, Ch. 121 • 76 
 
 Accounts and collections, C. L. 1S97, sees. 68G-1540-1548 . .13-18-20 
 
 Alcoholics and narcotics, teaching of, L. 1912, Ch. 29, sec. 3. . 7 9 
 
 Attendance of children, C. L. 1897, sec. 1555 22 
 
 Building, school, 1899, Ch. 46, sec. 3 38 
 
 L. 1903, Ch. 37, sec. 5 47 
 
 L. 1913, Ch. 74, sec. 6 99 
 
 Contract, L. 1913, Ch. 70 ; 96 
 
 Elections, C. L. 1897, sec. 1532 15 
 
 Enumeration, L. 1903, Ch. 119, sec. 13 51 
 
 L. 1905, Ch. 23, sec. 2 53 
 
 Forest reserve earnings, L. 19 09, Ch. 119, sec. 4 74 
 
 Health certificates, L. 1901, Ch. 43, sec. 6 44 
 
 L. 1903, Ch. 92, sec. 2 48 
 
 Indebtedness, incurring excess, C. L. 1897, sec. 299 11 
 
 Poll tax collections, L. 1907, Ch. 96, sec. 2 55 
 
 Reports, C. L. 1897, sees. 1528, 1535 15-17 
 
 Removal of officers, L. 1909, Ch. 36 . 72 
 
 Salaries, teachers, L. 1907, Ch. 97, sec. 26 68 
 
 Text books, L. 1907, Ch. 97, sec. 9 61 
 
 Vaccinaiton, L. 1901, Ch. 17, sec. 26 40 
 
 L. 1903, Ch. 103, sec. 29 49 
 
 POLL TAX— 
 
 Persons liable to and collections of, C. L. 189 7, sees. 
 
 1549, 1550 21 
 
 Collection, an act to facilitate, L. 1907, Ch. 96 55 
 
 Elections, payment of poll tax, no requirements for. 
 
 Exemptions, firemen, C. L. 1897, sees. 1763, 1766 37 
 
 Militiamen, L. 1905, Ch. 101 53 
 
 POOL ROOMS — 
 
 Minors forbidden to loiter in, L. 1913, Ch. 15 90 
 
 REAL ESTATE — 
 
 Districts may acquire and hold, C. L. 1897, sees. 1530, 1552.. 22 
 
 Appraisers for, in cities and towns, C. L. 1897, sees. 1600, 1611. 32 
 City and towns, certain parcels of land in, C. L. 18 97, 
 
 sees. 1565, 1566 26 
 
 Condemnation for school site. C. L. 1897, sec. 1553 22 
 
 RELIGION AND SECTARIANISM— 
 
 Religious tests forbidden. Const., Art. XII, sec. 9 9 
 
 Sectarianism not to be taught, C. L. 1897, sec. 4 10 
 
 REMOVAL OF OFFICERS— 
 
 L. 1909, Ch. ?C 72 
 
 (See also references under penalties.) 
 
OF THE STATE OF NEW MEXICO 149 
 
 REPORTS BY SCHOOL OFFICERS — 
 
 C. L. 1897, sees, 1527, 1535, 1580 14, 29 
 
 L. 1901, Ch. 29 41 
 
 L. 1903, Ch. 119 50 
 
 L. 1907, Ch. 97, sec. 11 62 
 
 L. 1907, Ch. 97, sec. 14 63 
 
 SAIiOONS — 
 
 Licenses for. 
 
 Minors not to frequent, L. 1901, Ch. 3 39 
 
 L. 1901, Ch. 29 41 
 
 Nuisance, when, L. 1897, sec. 1240 (see compiled laws). 
 (See also L. 1905,' Ch. 115, sec. 4.) 
 
 SCHOOL HOUSE— 
 
 Use of, C. L. 1897, sec. 1533 17 
 
 (See also building- and site.) 
 
 SILVER CITY — 
 
 An independent district, L. 1909, Ch. 12 71 
 
 SITE, SCHOOL — 
 
 Near public highway, C. L. 1897, sec. 1552 22 
 
 (See references under real estate, brothels, saloons.) 
 
 SMALL POX — (See vaccination). 
 
 SPANISH ARCHIVES — 
 
 Preparation and distribution, L. 1913, Ch. 21 93 
 
 SPANISH- AMERICAN CHILDREN — 
 
 Not to be segreg-ated. Const., Art. XII. sec. 10 10 
 
 SUPERINTENDENT OF SCHOOLS, COUNTY — 
 
 Apportionments to make, L. 1903, Ch. 119, sec. 15 51 
 
 L. 1907, Ch. 97, sec. 20 65 
 
 L. 1912, Ch. 51 82 
 
 Building school, L. 1913, Ca. 74, sec. 2 97 
 
 Bonds, commissioners to approve, C. L. 1897, sec. 687 13 
 
 Certificates, to renew, L. 1907, Ch. 97, sec. 3 57' 
 
 Directors' books, to examine, L. 1903, Ch. 119 50 
 
 County high school board, ex-officio member of, L.. 1912, 
 
 Ch. 47, sec. 5 ■ 86 
 
 Election, qualifica{.ions, duties, salary, L. 1907, Ch. 9 7, 
 
 sees. 18, 19, 20 64 
 
 Office at county seat, L. 1903, Ch. 119, sec. 11 50 
 
 Institutes, to hold, L. 1907, Ch. 9 7, sec. 6 58 
 
 Permits, to issue, L. 1907, Ch. 97, sec. 5 58 
 
150 COMPILATION OF THE SCHOOL LAAX'S 
 
 Reports, to make, C. L. 1897, sees. 1527, 1528 14 
 
 Salary, expenses, etc., L. 1907, Ch. 97, sec. 21 65 
 
 Quarterly payment from county school funds, L. 1909, Ch. 4o. 72 
 
 Women eligible to office of. Const.. Art. VII, sec. 1 7 
 
 SUPERINTENI>ENT OF PUBMC INSTRUCTION, STATE— 
 
 Apportionments, to make, L. 1912, sec. 3 82 
 
 Assistant, L. 1907, Ch. 97, sec. 16 63 
 
 Building-, school, L. 1913, Ch. 74, sec. 2 97 
 
 Industrial education, to appoint director of, L. 1912, 
 
 Ch. 52, sec. 2 84 
 
 Institutes, to supervise, L. 190 7, Ch. 97, sec. 6 58 
 
 Office and records, L. 1907, Ch. 97, sec. 17 64 
 
 Opinion on school questions, L. 1907, Ch. 97, sec. 11 62 
 
 Powers and duties, L. 1907, Ch. 97, sec. 11 62 
 
 Reserve fund, L. 1912, Ch. 51, sec. 5 82 
 
 Rural schools, to visit, L. 1907, Ch. 97, sec. 12 62 
 
 Secretary state board of education, L. 1907, Ch. 97, sec. 15.. 63 
 
 Term and qualifications, Const.. Art. V, sec. 1 7 
 
 TAXES, SCHOOI>— 
 
 Bonds, levy for interest and sinking funds in cities, C. L. 1897, 
 
 sec. 1587 30 
 
 County, three mills, L. 1912, Ch. 51, sec. 9 83 
 
 District ,city and rural, L. 1912, Ch. 51, sec. 8 83 
 
 Exemptions, C. L. 1897, sec. 1560 24 
 
 Judgments, special levy for, Const., Art. VIII, sec. 13 8 
 
 Property subject to tax in cities and towns, C. L. 18 9 7, 
 
 sec. 1578 28 
 
 State, one-half mill, L. 1912, Ch. 51, sec. 1 81 
 
 TEACHERS — 
 
 Certification of, L. 1907, Ch. 97 60 
 
 Examinations, L. 1907, Ch. 97, sees. 3, 4 57 
 
 History and civics, L. 1912, Ch. 41 80 
 
 Physiology, L. 1913, Ch. 29 79 
 
 Qualifications, L. 1907, Ch. 97, sec. 8 60 
 
 Reports, to make, C. L. 1897, sec. 1536 17 
 
 Salary, L. 1901, Ch. 57 44 
 
 L. 1907, Ch. 97, sec. 26 68 
 
 Training of, for teaching in Spanish-American districts. 
 
 Const., Art. XII, sec. 8 9 
 
 Tuberculosis, certificates showing absence of, L. 1901, Ch. 43. 42 
 
 L. 1903, Ch. 92 48 
 
 Vaccination, duty as to, L. 1901, Ch. 17 40 
 
 L. 1903, Ch. 103 48 
 
 Vouchers for salary to be signed by two directors and ap- 
 proved by county superintendent, C. L. 1897, sec. 1536.... 17 
 
 TERM, MINIMUM SCHOOIi— 
 
 Const., Art. XII, sec. 4 9 
 
OF THE STATE OF NEW MEXICO 151 
 
 TEXT BOOKS — 
 
 Adoption of, procedure, L. 1907, Ch. 97 . . 61 
 
 History and Civics of New Mexico, L, 1912, Ch. 41 80 
 
 Term of adoption, six years, Const, Art. XX, sec. 17 10 
 
 TREASURER, COUNTY— 
 
 To report school funds, C. L. 1897, sec. 1548 21 
 
 TUBERCUIvOSI S — 
 
 Certificates of health, L. 1901, Ch. 43 42 
 
 L. 1903, Ch. 92 48 
 
 TUITION — 
 
 School boards may charge, L. 1907, Ch. 97 _ 69 
 
 VACCINATION—. 
 
 L. 1901, Ch. 17 40 
 
 L. 1903, Ch. 103 48 
 
 YEAR, SCHOOL, FISCAL— 
 
 C. L. 1897, sec. 304 12 
 
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