GIFT OF Stoi^ o-^ fK^-CtLA.a?Ax^ EC 11 ^^^^ Kentucky School Laws 1910 Digitized by the Internet Archive in 2007 with funding from Microsoft Corporation http://www.archive.org/details/commonschoollawsOOkentrich THE Common School Laws ijF THE ~ ~ STATE OF KENTUCKY REVISED TO DATE EDITED AND PUBLISHED BY ELLSWORTH REGENSTEIN SUPERINTENDENT OF PUBLIC INSTRUCTION » »» .> i:,ouisvii.i.i{ CONTINRNTAI, PRINTING COMPANY 3910 FOREWORD Few changes were made In the School Laws by the General Assembly of 1910. However, m compliance with Section 4393 and Section 4395 of the Statutes, we submit this revision. Decisions of the Court of Appeals,, opinions of the Attorney General, and Rulings of the Department, bearing on the interpretation of the School Laws, will be found in Chapter 23. Ellsworth Eegenstein, Superintendent of Public Instruction. * •* • • • . • • CONTENTS. School Law. ^ Chapter. - Pa*e. 1. Educational Provisions of tliQ Kentucky Constitu- tion 1 II. General Provisions 4 III. School Fund 6 IV. State Board of Education 10 V. Superintendent of Public Instruction 12 VI. County Superintendent 16 VII. 'Certification and Duty of Teachers 27 VIII. County School Book Law 36 IX. County School District Law 45 X. Graded Common Schools 54 XL Teachers' Institute 69 XII. County and District Library 73 XIII. .Enforced Attendance 75 XIV. Compulsory Attendance — Cities of the 1st, 2d, 3d and 4th Classes 17 XV. The Child Labor Law 83 XVI. Schools in Cities of the 1st Class 91 XVII. Schools in Cities of the 2d Class 109 XVIII. Schools in Cities of the 3d Class 118 XIX. Schools in Cities of the 4th Class 123 XX. State Normal Schools 130 XXI. The State University 144 XXII. Kentucky Normal and Industrial Institute 164 XXIII. Decisions, Opinions and Rulings 169 242858 CHAPTER I. EDUCATIONAL PROVISIONS OF THE KENTUCKY CONSTITUTION. § 183. — Common Schools to be provided for — The General As- sembly shall, by appropriate legislation, provide for an efficient sys- tem of common schools throughout the State. (See sec. 4363, Ky. Stat.) § 184. — Fund set apart for common Schools — taxation for A. & M. College — The bond of the Commonwealth, issued in favor of the Board of Education, for the sum of one million three hundred and twenty-seven thousand dollars, shall constitute one bond of the Commonwealth in favor of the Board of Education, and this bond and the seventy-three thousand five hundred dollars of the stock in the Bank of Kentucky (now seventy-nine thousand eight hundred), held by the Board of Education, and its proceeds, shall be held inviolate for the purpose of sustaining the system of the common schools. The interests and dividends of said fund, together with any sum which may be produced by taxation or otherwise for the purposes of common school education, shall be appropriated to the common schools, and to no other purpose. No stim shall be raised or collected for education other than in common schools until the question of taxation is submitted to the legal voters, and the majority of the votes cast at said election shall be in favor of such taxation : Provided, The tax now imposed for educational pur- poses, and for the endowment and maintenance of the Agricultural and Mechanical College, shall remain until changed by law. (See sec. 4370, Ky. Stat.) § 185. — Common School Funds — Investment — Interest on — The General Assembly shall make provision, by law, for the payment of the interest of said school fund, and may provide for the sale of the stock in the Bank of Kentucky; and in case of a sale of all or any part of said stock, the proceeds of sale shall be invested by the Sink- 2 School Laws of Kentucky. ing Fund Commissioners in other good interest-bearing stocks or bonds, which shall be subject to sale and re-investment, from time to time, in like manner with the same restrictions as provided with reference to the sale of the said stock in the Bank of Kentucky. (See sec. 4370, Ky. Stat.) § 186. — Distribution of Fund — Surplus due Counties — Each county in the Commonwealth shall be entitled to its proportion of the school fund on its census of pupil children for each school year ; if the pro rata share of any school district be not called for after the second school year, it shall be covered into the treasury and be placed to the credit of the school fund for general apportionment the following school year. The surplus now due the several coun- ties shall remain a perpetual obligation against the Commonwealth for the benefit of said respective counties for which the Common- wealth shall execute its bond, bearing interest at the rate of six per centum per annum, payable annually, to the counties respectively entitled to the same, and in the proportion to which they are entitled, to be used exclusively in aid of common schools. (See sec. 4375, Ky. Stat.) § 187. — Each race to share Fund equally — Separate Schools — In distributing the school fund no distinction shall be made on account of race or color and separate schools for white and colored children shall be maintained. § 188. — School Fund — Money received from United States, part cf — So much of any moneys as may be received by the Common- wealth from the United States under the recent act of Congress re- funding the direct tax shall become a part of the school fund and be held as provided in section 184; but the General Assembly may authorize the use by the Commonwealth of the moneys so received or any part thereof, in which event a bond shall be executed to the Board of Education for the amount so used, which bond shall be held on the same terms and conditions and subject to the provisions of section 184, concerning the bond therein referred to. (See sec. 4370, Ky. Stat.) § 189. — Appropriation for Sectarian purposes Forbidden — No portion of any fund or tax now existing, or that may hereafter be raised or levied for educational purposes, shall be appropriated to, or used by, or in aid of, any church, sectarian or denominational school. (See further, Con., sec. 5.) School Laws of Kentucky. 3 (^ 155. — School Elections — Exceptions in Favor of — The provis- ions of sections 145 to 154, inclusive, (which require a secret ballot in all elections, etc.), shall not apply to the election of school trus- tees and other common school district elections. Said elections shall be regulated by the General Assembly, except as otherwise provided in the Constitution. (See sees. 4434, 4458, Ky. Stat.) § 157. — Municipal Tax Rate — Indebtedness — Submission to Voters — The tax rate of cities, towns, counties, taxing districts and other municipalities, for other than school purposes, shall not, at any time, exceed the following rates upon the value of the taxable property therein, viz. : For all towns or cities having a population of fifteen thousand or more, one dollar and fifty cents on the hundred dollars ; for all towns or cities having less than fifteen thousand and not less than ten thousand, one dollar on the hundred dollars; for all towns OT cities having less than ten thousand, seventy-five cents on the hundred dollars, and for counties and taxing districts fifty cents on the hundred dollars ; unless it should be necessary to enable such city, town, county or taxing district to pay the interest on, and provide a sinking fund for the extinction of, indebtedness contracted before the adoption of this Constitution. No county, city, town, taxing district, or other municipality shall be authorized or per- mitted to become indebted, in any manner or for any purpose, to an amount exceeding, in any year, the income and revenue provided for such year, without the assent of two-thirds of the voters thereof, voting at an election to be held for that purpose ; and any indebted- ness contracted in violation of this section shall be void. Nor shall such contract be enforceable by the person with whom made; nor shall such municipality ever be authorized to assume the same. BILL OF RIGHTS. § 5. — Freedom of conscience — Church and State — Education — No preference shall ever be given by law to any religious sect, so- ciety or denomination ; nor to any particular creed, mode of worship or system of ecclesiastical polity ; nor shall any person be compelled to attend any place of worship, to contribute to the erection or maintenance of any such place, or to the salary or support of any minister of religion; nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed; 4 School Laws of Kentucky. and the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged on account of his belief or disbelief of any religious tenet, dogma or teaching. No human authority shall, in any case, whatever, control or interfere with the rights of conscience. (See further, sec. 189 Con.) LOCAL AND SPECIAL LEGISLATION. ^ 59.— Limitations upon— The General x^ssembly shall not pass local or special acts concerning any of the following subjects, or for any of the following purposes, namely : Sub. Sec. 25.— Common Schools— To provide for the manage- ment of common schools. (See Chap. 113, Ky. Stat.) CHILDREN. ^ 243.— Children— Age at which they may be employed to be fixed— The General Assembly shall, by law, fix the minimum ages at which children may be employed in places dangerous to life or health, or injurious to morals; and shall provide adequate penalties for violation of such law. (See sec. 326, Ky. Stat.) (See also Chapters 67 and 68, Acts, 1908.) SCHOOL LAW. CHAPTER II. GENERAL PROVISIONS. § 1. — A Uniform System — There shall be maintained throughout the State of Kentucky a uniform system of common schools in ac- cordance with the Constitution of the State and this chapter. (Ky. Stat. Sec. 4363.) § 2. — Common School Defined — Any Child may Attend — No school shall be deemed a "common school," within the meaning of this chapter, or be entitled to any contribution out of the school fund, unless the same has been, pursuant hereto, actually kept, or is under contract to be kept, by a qualified teacher for six or more months in all subdistricts during the same school year, and at which School Laws of Kentucky, 5 every child residing in the district between the ages of six and twenty years, has had the privilege of attending, whether contribut- ing towards defraying the expenses or not : Provided, That nothing I.erein shall prevent any person from attending the comman school ho will obtain the consent of the trustees and the teachers and ay the required tuition fees. In order that each child of the Com- monwealth may enjoy the benefits of a six months' school, the Superintendent of Public Instruction shall for each school year ap- portion the fund for each county having one or more subdistricts of less than fifty pupil-children as follows : He shall apportion to each district, without regard to school population, the per capita of fifty pupil-children, both from the fund derived from the State and the interest on the county bond, if any, and pro rate the remainder of the fund amo^ng the districts having more than fifty such children. Provided, That any fractional balance shall be omitted in computing the said per capita, and that the aggregate of fractional balances shall be credited to the respective counties, and be taken into ac- count the following year : (Ky. Stat. Sec. 4364, as changed by act 1908.) § 3. — School Year — The school year shall begin on the first day of July and end on the thirtieth of June. (Ky. Stat. Sec. 4365.) § 4. — School Month — School Day — Assistant Teachers — Twen- ty school days, or days in which teachers are actually employed in the school room, shall constitute a school month in the common schools of the State; but no teacher shall teach on Saturdays. Teachers shall have the benefit of only such legal holidays as they actually observe. Six hours of actual work in the school room shall constitute a school day ; and under no circumstances shall the daily session, including recesses and intermissions, exceed nine hours in length. When the attendance exceeds fifty, the teacher may employ, during such attendance, an assistant, whose scholarship and com- petency shall be acceptable to the division board of his educational division. When the school shall require an assistant to serve reg- ularly at a salary such assistant shall hold a certificate of qualifica- tion and be employed by the division board of his educational di- vision. (Ky. Stat. Sec. 4366, as changed by Act 1908.) § 5. — Regulations for Schools — Penalties — All pupils who may be admitted to common schools shall comply with the regulations established in pursuance of law for the governmcnst of such schools. 6 School Laivs of Kentucky. Willful disobedience or defiance of the authority of the teachers, habitual profanity or vulgarity, or other gross violation of propriety or law, shall constitute good cause for suspension or expulsion from school. (Ky. Stat. Sec. 4367.) § 6. — Forbidden Publications and Doctrines — No books or other publications of a sectarian, infidel, or immoral character, shall be used or distributed in any common school ; nor shall any sectarian, infidel or immoral doctrine be taught therein. (Ky. Stat. Sec. 4368.) § 7. — Conditions for Graduation — Whenever a pupil of any com- mon school shall have faithfully completed the prescribed course of study, shall have passed a proper examination before the County Board of Examiners on a series of questions prescribed by the State Board of Examiners, and paid to the said county board an examina- tion fee of one dollar, he shall be entitled to a certificate of such completion and examination, signed by said county board, and ap- proved by the Superintendent of Public Instruction who shall affix thereto his official seal. The Superintendent of Public Instruction shall prepare a proper form for said certificate. One such examina- tion shall be held in each county on the last Friday and Saturday in January, and another on the second Friday and Saturday in May of each year. (Ky. Stat. Sec. 4369.) CHAPTER III. SCHOOL FUND. § 8. — School Fund— The school fund shall consist of the fund dedicated by the Constitution and laws of this Commonwealth for the purpose of sustaining a system of common schools therein: (1) The interest on the bond of the Commonwealth for one million three hundred and twenty-seven thousand dollars ($1,327,000.00) in aid of common schools, at the rate of 6 per cent, per annum, payable semi-annually on the first day of January and July of each year. (2) The dividends on seven hundred and thirty-five (now seven hundred and ninety-eight) shares of the capital stock of the Bank of Kentucky representing a par value of seventy-three thousand five hundred dollars (now seventy-nine thousand eight hundred) owned by the State. The surplus, three hundred and eighty-one thousand nine hundred and eighty-six dollars and eight cents ($381,- School Laws of Kentucky. 7 986.08), now due the several counties, and remaining a perpetual obligation against the Commonwealth for the benefit of said respect- ive counties for which the Commonwealth shall execute its bond, bearing interest at the rate of 6 per cent, per annum, pa5i:ahle an- nually on the first day of July to the counties respectively entitled to the same, and in the proportion to which they are entitled, to be used exclusively in aid of common schools. Said bond shall be executed by the Governor and attested by the Secretary of State for and on behalf of the Commonwealth of Kentucky, and when said bond is executed the old bond for three hundred and seventy-eight thousand nine hundred and forty-six dollars and seventy-one cents, being part of said bond, shall be cancelled and destroyed. (4.) The interest at 6 per cent, per annum, payable semi-annually, on the first day of January and July, on six hundred and six thousand, six hundred and forty-one dollars and three cents ($606,641.03), re- ceived from the United States under an act approved March 2, 1891, for which the Commonwealth has executed bond pursuant to an act approved March 12, 1892. (5.) The annual tax of twenty-six and one-half cents on each one hundred dollars of value of all real and personal estate and corporate franchises directed to be assessed for taxation. (6.) Such portions of fines, forfeitures and licenses which may be realized by the State as the amount of taxes for common school purposes bears to the whole State tax other than for the benefit of the Agricultural and Mechanical College. (Ky. Stat. Sec. 4370.) § 9. — Claims for Damage to Sheep — Surplus to credit of County School Fund — At each meeting of the fiscal court the claims for loss or damage to sheep, which have been filed not less than thirty days prior to such meeting, shall be taken up and considered, and re- jected, or, if correct and just, allow the same, or such parts thereof as may be deemed right: Provided, That the fiscal court may re- quire additional evidence on any such claims, either by oral testi- mony or affidavits. Such claims as are allowed shall be filed with the Auditor, who shall, after the first of January of each year, take up all such claims by counties, and draw his warrants upon the Treasurer in favor of claimant for the amount allowed by the fiscal court: Provided, If the amount of the dog tax fund to the credit of any county be not sufficient to pay all claims for such county, the Auditor shall pro rate the claims from such county. Any surplus 8 School Laws of Kentuchy. remaining to the credit of a county after all such claims are allowed shall be transferred to the credit of the school fund of such county. (Ky. Stat. Sec. 68a sub-section 4.) § 10.— Entire Annual Resources— How Appropriated— The foregoing shall constitute the annual resources of the school fund of Kentucky, and shall be paid into the treasury, and shall not be drawn out or appropriated, except to pay the expenses of the State Department of Education of whatever character or kind, and in aid of common schools, as provided in this chapter. (Ky. Stat. Sec. 4371.) § 11. — Use of Fund and its Revenue — Except as otherwise ex- pressly provided in this chapter, no part of the common school fund, or of the revenue thereof, shall be used for any other purpose than the payment of teachers of common schools, legally qualified and employed in pursuance thereof. (Ky. Stat. Sec. 4372.) § 12. — Duty of Auditor — The auditor shall keep the accounts in relation to this fund. He shall, once in each month, make a transfer to the credit of said fund of all receipts into the treasury, with the source of each item, for the benefit of the common schools up to the date of such transfer. He shall allow no expenditures on that ac- count beyond the annual revenue of the fund, and shall see that no county draws more than its proper proportion. (Ky. Stat. Sec. 4373.) § 13. — Distribution of net Revenue — The net revenue of the fund accruing during each school-year shall constitute the sum to be distributed. But no fees to county judges or clerks, discount on checks, or other incidental expenses, shall be paid out of the distrib- utable share of the revenue apportioned to any county; but such payment, when allowed by the fiscal court, shall be made out of the county levy. (Ky. Stat. Sec. 4374.) § 14. — Estimate — Pro Rata Apportionment — Second Year Fund — Extended School Term and Supplement Salary of Teacher — Surplus — The Superintendent of Public Instruction shall, on or before the fifteenth day of July in each year, ascertain and estimate lor the school year the pro rata share to which each pupil-child will be entitled, according to the whole number of such children residing in each county and each school district respectively, as shown by ihe returns of the County Superintendent. If at the time of making such estimate and apportionment, the census returns of the superin- School Laius of Kentucky . 9 tendent for any county have not been made to him, he shall use the census returns made for the previous year. It shall be the duty of the Auditor to furnish the Superintendent of Public Instruction such data as may be needed in making such estimate and apportionment. It shall be the duty of the Superintendent of Public Instruction, as soon as practicable, to file such a copy of said estimate and appor- tionment with the Auditor, and to inform each county superintend- ent of the amount to which each school subdisti^ct of his county shall be entitled. Whatever difference may exist between the es- timated and the actual revenue of the school fund for any school year shall be taken into the account of the estimate and apportion- ment for the succeeding- school year. If the pro rata share of any school be not called for after the second school year, it shall be cov- ered into the treasury and be placed to the credit of the school fund for general apportionment the following school year. When any school subdistrict in any school year shall have failed to use all or any part of the money due it for such school year such subdistrict shall be entitled to said money for the next school year, which money shall be used either to extend the school term or to supple- ment the salary of the teacher or teachers employed to teach such shool as may be agreed upon by trustees of such subdistrict and the teacher or teachers employed to teach therein; provided, however that any contract or agreement for the use of any money not used in any previous school year, shall be approved by the County Super- intendent of Common Schools. A detailed statement of the surplus amount to which each county is entitled shall be made out by the Superintendent of Public Instruction and filed and preserved in his office. The bonded surplus in the State treasury to the credit of the counties shall bear interest at the rate of six per cent, per annum, and the per capita derived from said interest shall be duly appor- tioned to the white and the colored schools of the county respect- ively, and be paid as provided in the following section : Provided, That when any county heretofore established out of the territory belonging to a county or counties having a surplus which has not been apportioned among said counties, and when any new county shall hereafter be established out of territory belonging to a county or counties having such a surplus, then the Superintendent of Public Instruction shall apportion such surplus among the original and 10 School Laws of Kentucky. new counties in an equitable manner. (Ky. Stat. Sec. 4375, as amended by act of General Assembly 1908.) § 15.— Successive Warrants— Distributing School Fund— Pay Rolls— Fund if insufficient must be distributed proportionately im- partially—For each school year the Auditor of Public Accounts shall, on the successive warrants of the Superintendent of Public Instruction, distribute the amount of the school fund due each County Superintendent of Common Schools, and the amount due each city, town or village, organized as one district to the Treas- urer of the School Board thereof, as follows : On or before the first of October, one-sixth of the whole amount ; on or before the first of November, one-sixth of the whole amount ; on or before the first day of December, two-sixths of the whole amount; on or before the first of January, one-sixth of the whole amount, and on or before the first of February the residue, including the undistributed surplus; Provided, That if on the first day of October, November or Decem- ber, the amount in the treasury to the credit of the school fund be insufficient to admit of a full distribution of the proportion required by this act, then the Auditor of Public Accounts shall, upon the successive warrants of the Superintendent of Public Instruction, distribute the amount of the school fund then on hand proportion- ately, without preference or partiality, to all the school districts in the State as heretofore directed, and in no event shall any school subdistrict entitled to participate be omitted or excluded in any distribution, or a further distribution be made to any district or sub- district until all other subdistricts have been made equal on any previous distribution theretofore made. (Ky. Stat. Sec. 4376, as amended by act of General Assembly, 1904.) CHAPTER IV. STATE BOARD OF EDUCATION. § 16. — How Constituted — The Superintendent of Public Instruc- tion, together with the Secretary of State and Attorney-General, shall constitute the State Board of Education. The board thus con- stitued shall be a body politic and corporate by the name and style of the Kentucky State Board of Education. (Ky. Stat. Sec. 4377.) § 17. — Powers as to real and personal estate — Custodian of evi- School Laws of Kentucky. 11 dences — The corporation shall take, hold and dispose of real or per- sonal estate for the benefit of the common schools of the State. The bonds, certificates of stock, and other evidences of property held by the board for common school purposes, shall be in the custody of the chairman, and the place of deposit shall be shown by th'e records of the board. (Ky. Stat. Sec. 4378.) § 18. — Chairman — Quorum — The Superintendent of Public In- struction shall be chairman of the board, and, with one other mem- ber, may control its corporate action at any regular or called meet- ing of the board, of which all the members shall have had timely notice in writing. (Ky. Stat. Sec. 4379.) § 19. — Meetings — How called — The board shall meet only on written call of the chairman. (Ky. Stat. Sec. 4380.) § 20. — Corporate Acts — The corporate acts of the board shall be attested by the signature of the chairman, and his private seal shall stand in lieu of a corporate seal. (Ky. Stat. Sec. 4381.) § 21. — Standing Committee — The State Board of Education shall constitute a standing committee, who shall prepare rules, by- laws and regulations for the government of the common schools of the State, which shall be adopted and enforced under the authority and direction of the county superintendents, trustees and teachers; shall prescribe regulations for the management of county teachers' libraries, and prepare suitable lists of books for subdistrict libraries with regulations for the management thereof; shall prescribe and publish a public graded course of study for the common schools specifying the order of studies, and the time to be alloted to each, which course of study shall be observed by the teacher and enforced by the trustees. (Ky. Stat. Sec. 4382.) § 22. — Course of Study — The instruction prescribed by the board shall embrace spelling, reading, writing, arithmetic, English grammar, English composition, geography, physiology and hygiene, civil government. United States history and the history of Ken- tucky. After July 1, 1893, the nature and effects of alcoholic drinks and narcotics upon the human system shall, in all schools supported wholly or in part by the State, be taught as thoroughly as other required studies to all pupils studying physiology and hygiene as a part of this branch. (Ky. Stat. Sec, 4383.) 12 ScJiool Laws of Kentucky. CHAPTER V. SUPERINTENDENT OF PUBLIC INSTRUCTION. § 23.— Oath— Bond—Beginning of term— The Superintendent of Public Instruction shall take the oath, and enter upon the duties of his office, on the first Monday in January after his election, and shall give bond to the Commonwealth, with good security, for the faithful performance of his duties to be approved by the Governor, with at least twenty-five thousand dollars, the bond to be filed in the office of the Secretary of State. (Ky. Stat. Sec. 4384.) § 24. — Salary — Office Supplies — Clerks — His salary shall be two thousand five hundred dollars per annum; besides which, he shall be entitled to all office fixtures, stationery, books, postage, fuel and lights needed to carry on the work of his office. He shall have power to appoint three clerks, namely : A chief clerk, whose salary shall be fifteen hundred dollars per annum, a first clerk whose salary shall be one thousand dollars per annum, and a second clerk, whose salary shall be eight hundred and fifty dollars per annum; said salaries to be paid monthly out of the common school fund. (Ky. Stat. Sec. 4385.) § 25. — State Board of Examiners — The Superintendent of Pub- lic Instruction shall appoint two professional educators, who, to- gether with himself, shall constitute a State Board of Examiners, who shall examine all applicants, personally applying to them for certificates of qualifications as county superintendents, or for State diplomas or State certificates. The said Board of Examiners shall prepare the series of questions for the examination of candidates for county superintendents, as provided in section 39 of this chapter, and also the different series of questions for the examination of teachers as provided in section 65 of this chapter and before for- warding to the county superintendents, shall submit all of the said series to the State Board of Education for their approval. (Ky. Stat. Sec. 4386.) § 26.— Office and Work— He shall keep his office at the seat of government in such suitable buildings as may be provided, and shall School Laws of Kentucky. 13 devote his entire time and attention to the duties of his office. (Ky. Stat. Sec. 4387.) § 27. — Accounts — Settlements — Changes of County Superin- tendent — He shall keep an account of all the orders drawn or coun- tersigned by him on the auditor; of all the returns of settlements and of all changes in the office of county superintendents, which shall be furnished to the auditor whenever required. (Ky. Stat. Sec. 4388.) § 28. — Biennial report — He shall, biennially, on or before the meeting of the General Assembly, make report of the condition, progress and prospects of the common schools; the amount and condition of the school fund ; how its revenue for the two previous school years has been distributed; the amount produced and dis- bursed for common school purposes from local taxation or other sources and how and for what the same was expended ; an abstract of the county superintendents' reports, the practicable working of the common school system of the State, with suggestions as to any alterations it may require; all of which together with such other facts, statistics and information, as may be deemed of interest to be known, he shall deliver to the contractor for the public printing, and cause to be printed a copy for each school district, and for each county and city superintendent of schools in the State, seven hun- dred and fifty copies for the use of the members of the General As- sembly and for exchange with the Superintendents of Public In- struction of other States, and five hundred copies for distribution by the superintendent according to his discretion. (Ky. Stat. Sec. 4389.) § 29. — Educational Charitable Institutions — The Superintend- ent, in his report, shall set forth the objects, methods of admission, and other general information concerning the institutions for the blind, the deaf and dumb, and the feeble-minded ; and, to aid him in his work the superintendents of those institutions shall be required annually by the first day of September, to furnish the Superintend- ent of Public Instruction with such condensed statement of their respective Institutions as it would be profitable to publish. (Ky. Stat. Sec. 4390.) ; a candidate. No person shall be eligible to the office of county superintendent unless he shall hold from the State Board of Exam- iners a State diploma or a State certificate, which will not_expire during his proposed term of office, or a certificate of qualification of the grade of a county certificate of the first class, which may be granted on an examination held before said board, or upon a written examination held by a special county board, composed of the county judge, county clerk and competent person selected by them, upon a series of questions for each examination prepared and forwarded under seal by the State Board of Examiners. The State Board of Examiners shall enclose the questions upon each subject in a sep- arate envelope, with the name of the subject printed or written thereon; shall securely seal the envelope containing the said ques- tions and enclose them in a package, which shall be sealed and for- warded by registered mail to the county clerk, and shall be kept under seal by him till the hour of examination; and the seal shall then be inspected by the other examiners and the applicants for cer- tificates, and be duly opened in their presence. In case of sickness cr other disability of either the county judge or county clerk, his duties herein prescribed shall devolve upon and be performed by the county attorney. The examination shall be held in every county on the last Friday in July and August next preceding the election of county superintendents, and the examination may be continued during the following Saturday by examiners, if deemed necessary, and the written answers of each examination shall immediately be forwarded by the county judge or county clerk, by registered mail to the State Board of Examiners, together with a fee of two dollars, which shall be paid to the two examiners, and the sworn state- ments of the county judge, county clerk and the person selected by them, that the examination had been conducted in their presence in strict accordance with the provisions of this section, and that no applicant had, directly or indirectly, received assistance. The State Board of Examiners may, if they deem the answers sufficient, grant a certificate, and if they refuse, it shall notify the county clerk, and no certificate can then be granted said applicant for the election then pending. The said certificate shall not entitle the holder thereof to teach in the common schools. A county superintendent, who has once obtained a certificate of qualification in pursuance of this seC' 18 School Laws of Kentucky. tion, shall not be required to obtained another certificate as a condi- tion of eligibility for re-election, if he has been continuously in office since his election. The members of the special county board shall receive for their service a reasonable compensation, to be allowed by the fiscal court. In counties embracing any city of the first class, maintaining a system of public schools separate and distinct from the common schools of the county, no person shall be eligible to the office of county superintendent other than a resident of such county, outside of such city or town. (Acts of 1894, Ky. Stat., Sec. 4399.) (^ 40. — Who Ineligible— No county judge, justice of the peace, circuit clerk, county clerk, county attorney, county surveyor, sheriff, coroner, assessor, trustee of a common school subdistrict, or teacher, while engaged in teaching, shall hold the office of county superin- tendent, (ky. Stat. Sec. 4400.) <^ 41, — Election— Term of Office— Contestant — The county su- perintendent shall be elected by the qualified voters of each county at the November election in 1893 ; shall enter upon the discharge of the duties of his office on the second Monday in August, 1894, and continue in office until the first Monday in January, 1898, and until the election and qualification of his successor. And in 1897, and every four years thereafter there shall be in each county an election of a county superintendent, who shall hold his office four years from the first Monday in January following his election, or until the elec- tion and qualification of his successor. The county school superin- tendent shall be elected ; and the vote canvassed and the result cer- tified by the same officers, and in the same manner, as in the election of other county officers ; and within ten days after the election the clerk of the county court shall forward a copy of the certificate of election to the Superintendent of Public Instruction. All county superintendents in office at the time of the November election, 1893, shall continue in office until the second Monday in August, 1894, or until their successors are elected and qualified. In cases of con- troverted right to the office of county superintendent, the Superin- tendent of Public Instruction shall have power to recognize a super- intendent from among the contestants until the case has been settled. Provided, That in counties containing a city of the first or second class maintaining a system of public schools separate and distinct from the common schools of the county, the county super- intendent shall reside in the portion of the county outside of such School Laws of Kentucky, 19 city, and be elected by the qualified voters of said county residing out-side of such city. (Ky. Stat. Sec. 4401.) § 42. — Official Bond — Renewal — Before entering upon the dis- charge of his duties, each county superintendent must enter into a covenant before the county court of the county, to the Comnron- v/ealth of Kentucky, with sufficient security, in not less than the full amount of the school fund that may be due the county from all sources for that entire school year to be approved by the court, for the faithful discharge of his duties, and the said bond shall be re- newed each year. Said bond shall be given in duplicate, one copy to be kept on file in the office of the county clerk, and the other to be forwarded, by the county clerk, to the Superintendent of Public Instruction. It shall be the duty of the county clerk, in forwarding the bond made by the county superintendent at the time of assum- ing the duties of his office, to also forward to the Superintendent of Public Instruction a certified copy of the order of the court induct- ing the said superintendent into office. Amended by act of 1902. (Ky. Stat. Sec. 4402.) § 43. — Power over Districts — Unfit School Houses — Official Visits — The county superintendent shall condemn any school house which is dilapidated, unhealthy, or otherwise unfit to be occupied for the purpose of a common school, and any fence or other inclo- sure of a schoolhouse, when such inclosure is for any reason insuffi- cient for the protection of the house or ground. He shall condemn all school furniture or apparatus, insufficient in quantity, or not of the required character, and order the same replaced with the proper furniture or apparatus. He shall, within thirty days after any such condemnation, notify the trustees in writing. He shall, at least once a year, make an official visit to each subdistrict school of his county, but shall not make more than three such official visits in any one day. At the time of such visits he shall note in a book, to be kept for that purpose, the number of pupils in attendance;, the num- ber absent, and the cause of absence; the names of children unable to purchase books; the condition of the schoolhouse, furniture, ap- paratus, grounds and appurtenances; the qualification and efficiency of the teacher; the conduct and standing of the pupils; the method of instruction, the discipline and government of the school. In the visits to the school he shall advise with the teachers and give them such instruction regarding discipline and teaching as he may deem 20 School Laws of Kentuchy. necessary. He shall counsel the trustees and see that they discharge their duties, especially in securing full and regular attendance. He shall admonish the teacher found remiss of duty in the matter of cleanliness of house, preservation of furniture and necessary ventila- tion, and complain to the trustee in cases of gross neglect of duty in these respects. He shall examine the teacher's register and grade book, and the trustees' register; he shall see that the records are properly kept, the levy of a tax, if any, and the official visits and proceedings of the trustee are properly recorded, and by every means in his power strive to promote and advance the cause of com- mon schools. (Ky. Stat. Sec. 4403.) § 44. — Census Report — Responsibility for Errors — It shall be the duty of each county Superintendent, on or before the first day of June of each year, to prepare, mail to, and cause to be placed in the hands of the Superintendent of Public Instruction a report, certi- fied by the county judge or clerk that the report is a correct state- ment, as shown from the census on file in the office of the clerk of the county court, showing the Avhole number of children, between the ages of six and twenty years residing in his county, and the vvhole number residing in each subdistrict, including each city and each independent district, described by its number; and he shall be individually responsible to the teacher or the subdistrict for any loss sustained by said teacher or subdistrict by reason of any error made by the said superintendent in reporting the census thereof. He shall superintend the census taken during the month of April by the trustee, and not later than the twentieth of March of each year, shall notify the trustee that the boundaries of the subdistrict are as recorded for the past year in the trustees' register ; or if any changes have been made, shall give to the trustee exact notice of such changes, and, in due time, see that the said changes are included in the description of the boundary entered in the trustee's register. At the time of such notice, he shall give the said trustee printed or writ- ten instructions for taking the census ; caution him against reporting persons not legally belonging thereto. He shall base his report up- on the census taken during the month of April, and reports thereof made to him by the subdistrict trustee. If such reports are not in from any subdistrict by the tenth of May, the county superintendent shall take, or have the census of such subdistrict taken, the cost of School Laivs of Kentucky, 21 which shall be paid out of the county levy, and the fiscal court may recover from the delinquent trustee the amount so paid. (Ky. Stat. Sec. 4404 as changed by Act, 1908.) § 45. — Test Books for Indigent Children — It shall be the duty of each county superintendent, before the opening of the schools each year, and from time to time, by personal observation or from trustees and teachers and otherwise, to ascertain the number and cost of text-books upon each of the common school branches needed by the indigent children of each subdistrict and of the county for use in the common schools, and shall report to the county judge the number and kind of books needed, when the county judge shall purchase the books and pay for them by an allowance made by the fiscal court of the county; the county judge shall turn them over to the county superintendent for distribution, taking receipt for the number and value of the books, but the cost of said books shall not exceed in the aggregate one hundred dollars in any county per an- num. It is hereby made the special duty of the county and city school superintendents of common schools to report to the county judge the names of all such indigent children furnished them by trustees, and to see that the provisions of this section are faithfully executed. (Ky. Stat. Sec. 4405.) § 46. — Additional Facts to be Reported — County superintendents and trustees of common schools shall report facts additional to those now required to be reported, whenever, in the judgment of the board or of the Superintendent of Public Instruction, the inter- est of the common schools of the State shall indicate the necessity therefor. (Ky. Stat. Sec. 4406.) § 47. — Payment of Teachers — Each county superintendent of common schools shall, on the second Saturday in October, reckoning school months of twenty days, pay the amount due each teacher of d common school for the month or months completed, but not for any fraction of a month, except as provided in section 7^, on the certificate of the trustee for the subdistrict and the chairman of the educational division that the school has been legally taught for that period; and thereafter the county superintendent shall, on the sec- ond Saturday of each calendar month, pay the salary due each teach- er of a common school, for the previous school month or months not previously paid for, on the certificate of the trustee for the sub- 22 School Laws of Kentucky. district and the chairman of the educational division, that the school has been legally taught for the period specified : Provided, That all of said payments shall be made to the teacher personally or on writ- ten order, and at the last payment shall be for the entire balance due the teacher, including the undistributed surplus and interest on the county bond ; and that any teacher who may violate his contract with the Division Board by refusing to continue his school, shall forfeit any fractional salary that may be due him. In cities and towns organized as single districts, and reporting direct to the Su- perintendent of Public Instruction, the provisions of this section shall equally apply, or such city or town may receive in January the whole amount due it if it shall so desire. In either case the pres- ident or chairman of the school board of such cities or towns shall make the report required of them by this law, under oath direct to the Superintendent of Public Instruction, and he shall draw his war- rant on the Auditor of Public Accounts in favor of the treasurer of such school board, which, when approved and countersigned by the Superintendent of Public Instruction shall entitle such treasurer to a warrant on the treasury of the State for the amount thereof, and the said treasurer and securities shall be accountable for the same upon his official bond in any action by such school board of which the Superintendent of Public Instruction shall be officially notified. (Ky. Stat. Sec. 4407.) § 48. — Penalty for Fraudulent Report of Common Schools — Any county superintendent who shall knowingly and wilfully report to the Superintendent of Public Instruction a number of common schools as having been taught in his county greater than the number of such schools actually taught therein according to law, or a num- ber of children entitled to tuition in his county greater than the actual number of such children, or otherwise knowingly and wilfully misstates any fact or facts which he is or may be hereafter required by law to report to the Superintendent of Public Instruction, shall be deemed guilty of a felony, and, upon conviction thereof be fined in a sum not less than two hundred nor more than five hundred dol- lars, or imprisoned in the penitentiary not less than one nor more than ten years, or both fined and imprisoned, in the discretion of the jury, and be removed from office. And all sums recovered from him by due process of law, or by voluntary surrender of the excess taken by him, shall be paid into the school fund. (Ky. Stat. Sec. 4408.) School Laws of Kentucky. .^ 23 § 49. — Annual Settlement — Each county superintendent shall on or before the first day of August, annually settle his accounts for the previous school year with the county judge of his county, and forward a copy of said settlement, certified by the clerk of said court to be correct, to the Superintendent of Public Instruction. Said settlement shall embrace all sums received since the date of his last settlement by said county superintendent for the benefit of common schools taught during the school year ; a full statement of all such sums paid out by him, for what, to whom, and when paid; and should any part of said fund received by him as aforesaid, remain uncalled for, and not be paid out, he shall immediately refund said amount to the State treasurer, stating why it was not, for and to v^'hat district it belongs, and at the same time notify the Superin- tendent of Public Instruction that he has refunded the said amount, that he may give said county superintendent proper credit on his books for said amount refunded. The receipt of the auditor for money refunded shall be a sufficient voucher with the county judge in said settlement. Should the copy of such settlement fail to reach the Superintendent of Public Instruction by the tenth day of that month it shall be his duty to notify the county judge and the delin- quent county superintendent of the fact; and upon receiving such notification it shall be the duty of the judge, in case the settlement shall not have been made, immediately to compel a settlement by attachment, as in cases of contempt, and a copy thereof to be for- warded to the Superintendent of Public Instruction. For his wilful failure to pay out to those entitled thereto any money in his hands for the space of thirty days after the same shall be received by him, or for his. wilful failure to make the aforesaid settlement by the time required by law, the county superintendent shall be guilty of misdemeanor and being indicted and convicted thereof he shall be fined in a sum not less than one hundred nor more than five hundred dollars, as well as remain liable on his official bond, and be removed from office. (Ky. Stat. Sec. 4409.) § 50. — Annual Report — Penalty for Failure — He shall, on or be- fore the first day of August, prepare and mail and cause to be placed in the hands of the Superintendent of Public Instruction, his cfficial report, showing in tables of details and aggregates, the school subdistricls of his county by number; the name and address 24 ^^^ School Laivs of Kentucky. of the trustee of each subdistrict, with date at which each one's term expires; the subdistricts in which schools were taught and the length of time taught; the highest, lowest and average number of children at school ; the cost of tuition of each child for the session and per month; the number of private schools, academies and col- leges taught in the county, and length of session of the. same, the number of teachers employed — male, female and total — for the com- mon schools; the average wages of male teachers, female teachers, and of total teachers per month ; the name and address of teachers resident in his county, with grades of certificate of each ; the amount of money raised for common school purposes in the county, by local tax or otherwise, and for what the same was disbursed ; the number and kind of schoolhouses and the values of each ; the number of schoolhouses built and the value of each ; the number of subdistrict libraries ; also county library, if any, and number of volumes in each, and the increase during the year; the amount he has received for official compensation and expenses. For wilful failure to be present at his office at the time appointed to receive reports, or for failing 1o make the reports herein required, he shall be fined a sum not exceeding fifty dollars. (Ky. Stat. Sec. 4410.) § 51. — Official Record — Each county superintendent shall keep a detailed account of all money received and distributed by him ; a record of all business transacted by him as county superintendent, together with the reports of the trustees ; the names, numbers and description of school subdistricts, and all other papers and docu- ments connected with his office, at all times subject to inspection and examination by any school officer or other person interested in any question pertaining to the common schools. (Ky. Stat. Sec. 4411.) § 52.— Mt*y Administer Oath— A county superintendent may ad- minister the oath required of a trustee or of a teacher of common schools, or other persons required to make oath in matters relating thereto. (Ky. Stat. Sec. 4413.) § 53.-— Oath to Trustees— Record of— Blanks— Official Notices — He shall administer the oath of office to trustees-elect applying to him for that purpose; but it shall be lawful for any justice of the peace, or other person authorized to administer oaths, to administer the oath of office to any trustee, but said O^th shall not be valid un-^ School Laws of Kentucky. - 25 less reported in writing to the county superintendent by said justice or other person within ten days from the time when administered. He shall make a record of the names of trustees then qualified, showing the subdistricts in which they were elected, and the post- office of each. He shall, at the time, deliver to the trustee of each subdistrict such blanks as they will need for the coming school-year, and give such information with regard to their duties as may be re- quested. He shall address all official correspondence to the trustees. Notice to them shall be regarded as notice to the people of the sub- district, and it shall be the duty of the trustee to notify the people. (Ky. Stat. Sec. 4414.) § 54. — Attendance at Office — It shall be the duty of the county superintendent to be in attendance at his office, at the county seat, on the second Saturday of each month, and at such other times as may be necessary to transact his official business. (Ky. Stat. Sec. 4415.) § 55. — Penalty for Buying Teacher's Claim or Acting as Text- Book Agent — No county superintendent shall be allowed to buy for himself, or another any teacher's claim, directly or indirectly, or to act as agent for the sale of any text-book. Any superintendent guilty of violating this section shall be fined not less than one hundred nor more than one thousand dollars for each offense. (Ky. Stat. Sec. 4416.) § 56. — May Suspend or Remove Trustee — Condition — For in- competency, neglect of duty, immoral conduct, or other disqualifi- cation, the county superintendent may suspend or remove from of- fice any trustee of any school under his supervision. But before a county superintendent shall suspend any trustee he shall give said trustee at least five days' notice of the charges made against him, and give the trustee- an opportunity to produce evidence and defend any action against him. (Ky. Stat. Sec. 4417.) § 57. — Official Decisions — Appeals — Relations to Superintend- ent of Public Instruction — The county superintendent shall decide all questions of difference or doubt touching the administrative du- ties of the officers and teachers of common schools in his county; but appeals from his acts and decisions may be had, on petition of any interested person, to the Superintendent of Public Instruction. The county superintendents shall conform to such reasonable rules and requirements as the Superintendent of Public Instruction shall. 26 School Laws of Kenhicky. fiom time to time, prescribe and announce to them. (Ky. Stat. Sec. 4418.) ,^ 58.— Compensation for Services— Salary $400— $1,500— For all the services rendered and the expenses incurred by the county su- perintendent under the provisions of this lav^, he shall be allowed a salary annually by the fiscal court of his county, based on the num- ber of children reported in the census report of the subdistrict trus- tee of such county; which salary shall not be less than eight cents nor more than twenty cents for each pupil child thus reported.^ Be- fore the court shall allow the salary, it shall be satisfied, from the statement subscribed and sworn to by the superintendent, and from such other evidence as may be adduced, that he has visited the schools of the county, and that the said services have been faithfully and efficiently performed according to law. Said salary shall be paid out of the county levy as the salary of the county judge is now paid, and in his report to the Superintendent of Public Instruction, he shall state the full amount allowed him by the fiscal court for his official service. Provided, however. That no salary shall be less than $400 nor greater than $1,500. In fixing the salary of the said superintendent, no child shall be counted or enumerated who is un- der a city school superintendent of a city of the first, second, third or fourth class. The fiscal court shall furnish the county superin- tendent with a suitable office, free of charge, large enough to ac- commodate the county teachers' library. (Ky. Stat. Sec. 4419.) § 59. — How Vacancy in Office is to be Supplied — Removal from — Appeals — In case of the death, removal or resignation, refusal to serve or inability of the county superintendent elected to give the bond required or to perform the duties of the office, a successor shall be appointed or elected as follows : If the unexpired term will end at the next succeeding annual election, or if the unexpired term will not end at the next succeeding annual election, and three months intervene before said annual election, the county judge of each county is authorizd to appoint a successor, duly qualified according to section 45 of this law, to continue in office until the next succeed- ing annual election, when one shall be elected for the unexpired term. If the unexpired term does not end at the next succeeding annual election, and three months does not intervene between the happening of said vacancy and the next succeeding annual election, the county judge shall appoint a successor of said qualification to School Laws of Kentucky, 27 continue in office until the second succeeding annual election when one shall be elected for the unexpired term. In case of a vacancy in this office the county judge shall, as soon as practicable, notify the Superintendent of Public Instruction, and request him to appoint a day and furnish questions for an examination to fill said vacancy ; and the said examination shall be conducted in a manner prescribed by law. The county court may, at any regular term, after ten days' notice, remove a county superintendent for inability, or habitual neglect of duty, or malfeasance in office. An appeal to the circuit court may be taken from the order of the county court removing the superintendent, and from the circuit court to the Court of Appeals, as in civil actions. (Ky. Stat. Sec. 4420.) § 60. — Duty to Successor — Each county superintendent, when he resigns, vacates, is removed or goes out of office, shall immedi- ately thereafter deliver to his successor or to the county court clerk for him, any money, property, books, effects, or papers remaining in his hands as county superintendent, and within ten days shall settle with the county court, and for a failure to do so shall be fined not less than fifty dollars nor more than one hundred dollars. It shall be the duty of the county clerk to forward a certified copy of said settlement to the Superintendent of Public Instruction. (Ky. Stat. Sec. 4421.) CHAPTER VII. CERTIFICATION AND DUTY OF TEACHERS. § 61. — Qualifications of Members — The county superintendent shall appoint two strictly moral and well-educated persons, holding county certificates of the first class. State certificates. State diplo- mas or Diplomas from some literary institution of high learning, who, together with himself, shall constitute a board of examiners for the county. No person shall be eligible as examiner on said coun- ty board who is at the time or for six months previous thereto, has been conducting or teaching in any school, college or university where teachers or those preparing to teach are making preparation to be examined for certificates to teach in the common schools of this State. Before they shall be authorized to act in any capacity as such board, or grant any certificates, said examiners shall take and subscribe to an oath that they will faithfully discharge their duties 28 School Laws of Kentucky. as required by the common school law, and the said affidavit shall be filed in the office of the clerk of the county court. (Ky. Stat. Sec. 4422.) § 62. — Duties of State and County Boards as to Questions, Ex- aminations, Certificates — Dates — Order of Subjects — Improper Per- sons — County certificates shall be granted by the county board of examiners to persons not under eighteen years of age, upon written examinations upon the science and art of teaching, and upon the subjects embraced in the common school course, including, in con- nection with physiology and hygiene, the effects of alcoholic drinks and narcotics upon the human system, held in each county of the State for white teachers upon the third Friday and Saturday in May, June, July and August, of each year, and for colored teachers upon the fourth Friday and Saturday of the same months; and no examinations shall be held at any other time whatever. No certifi- cate shall be issued upon the days of examination; nor shall any answers be passed upon in the presence of any applicant. The State Board of Examiners shall carefully prepare four series of questions for white teachers, and an equal number for colored teach- ers, all of the same grade; shall enclose in a separate envelope such number of questions of each given series as the county superintend- ent shall make requisition for at least twenty days before the ex- amination, with the name of the subject plainly written or printed across the seal thereof; shall enclose the several envelopes in a pack- age, which they shall seal and forward by registered mail or by ex- press to each county superintendent at least two weeks before the examination, designating the month for which the same shall be used. The county superintendent shall carefully preserve the said package of questions under seal until the hour of examination ; and the seal of the said package shall then be examined by the other examiners and the applicants for certificates, and the package shall be opened in their presence. Immediately after examining the pack- age of questions each of the county examiners shall, under his oath as examiner, upon blanks furnished for that purpose by the Superin- tendent of Public Instruction, give a separate certificate, with the signature attested by two reliable witnesses, that he had personally inspected the said package, and whether he had found the same in- tact, as provided herein, and forward the certificate to the Superin- tendent of Public Instruction on the same day. The examiner shall allot a reasonable time for the examination upon each subject, tak- School Laws of Kentucky, 29 ing the subjects in the order named in the section, specifying the subjects embraced in the common school course, and shall collect the answers of all the applicants when the time allotted has expired ; and, after the first subject is presented to the applicants, the-said examiners shall not present any other subject, or open the envelope thereof, until they collect the answers of all applicants to all ques- tions previously presented. The said examiners shall not examine any applicant until they are fully satisfied that said applicant pos- sesses an unexceptionable moral character, and is of the age herein prescribed; and, in no event, shall a certificate be granted to any person who indulges in drunkenness, profanity, gambling or licen- tiousness, or who, within the belief of the examiners, has had im- proper access to the examination questions. They shall, during the examination, exclude from the room all persons other than appli- cants, see that the applicants are seated at a proper distance from each other, and shall see that no assistance is given or obtained by any applicant during the examination, and shall refuse to grant a certificate to any applicant who may either obtain or give such as- sistance. The county superintendent, and at least one of the examin- ers, shall be present, and shall conduct all examinations and sign all certificates. The county superintendent and other examiners shall have full power, and it shall be their duty to make investigation as to the moral character of applicants ; and the county superintendent shall also have full power to administer an oath as to improper use of questions, and as to other matters, touching the qualification of teachers under this act. (Ky. Stat. Sec. 4425.) § 63. — Certificates of Qualification — There shall be three grades of certificates issued to teachers of common schools : First, a State teacher's diploma; second, a State teacher's certificate, and third, a county certificate which may be a first class, second class or third class. Before any person shall be qualified to teach any common school, such person shall obtain one of these three grades of certifi- cates. (Ky. Stat. Sec. 4501.) § 64. — State Diploma — Fee $5.00 — State diplomas may be issued l;>y the State Board of Examiners after a personal examination held at the State Capital on the last Wednesday of June and August of each year, upon the subjects embraced in the common school course of study, and also upon the science and art of teaching, psychology. 30 School Laws of Kentucky. English literature, algebra, higher arithmetic, geometry, physics and elementary Latin. In order to be entitled to a State teacher's di- ploma, the applicant, in addition to attaining on the required ex- amination an average grade of not less than ninety per cent., the lowest grade on any subject being not less than seventy per cent., shall be at least twenty-four years old, and shall have taught in the Slate at least two years, and shall present satisfactory evidence of unexceptionable moral character. A State diploma shall be good in all schools throughout the State, maintained wholly or partly by the State, until revoked by the Superintendent of Public Instruction, or until the holder shall fail for two successive years to be engaged in active school work. It shall qualify the holder for eligibility as can- didate for the office of county superintendent of common schools, and may, for cause, be revoked by any county superintendent, sub- ject to the approval of the State Board of Education, as far as it ap- plies to his county, of which immediate information shall be given the Superintendent of Public Instruction. A State diploma shall be impressed with the seal of the State Board of Examiners, and the fee of the applicant shall be five dollars, which shall be paid to the two members, who, with the Superintendent of Public Instruction, compose the State Board of Examiners. [Acts of 1894.] (Ky. Stat. Sec. 4502.) § 65. — State and County Certificates — Forward Papers to State Board — Written Statement— 8 Years Renewal — Fee $4.00 — Third Class one only — Incompetent, Immoral Teachers — Annual Renewal — A State teacher's certificate may be granted by the State Board of Examiners upon the recommendation of the county board of examiners, after a written examination, held in applicant's county, attaining an average grade of at least ninety per cent., the lowest grade upon any subject being not less than seventy per cent, upon the subjects embraced in the common school course of study, and also upon English literature, elementary algebra, higher arithmetic, and the science and art of teaching, including the elements of psy- chology. In order to be entitled to a State certificate, the applicant, in addition to passing the required examination, shall be at least twenty-one years old, shall have had two years' experience in teach- ing, and shall present satisfactory evidence of unexceptionable moral character. The questions for the examination of applicants for State certificates shall be forwarded by the State Board of Examiners, School Laws of Kentucky. 31 v»'ith the questions for the June and August county examinations, at the same time, in the same package, and be preserved and opened at the same time as the questions for county certificates The appli- cants for State certificates shall be examined on the same days-upon which the applicants for county certificates are examined, in June and August, and immediately, upon the close of the examination for State certificates, the county superintendent shall collect the papers of each applicant for a State certificate, preserve them from all in- spection, make such examination of them as will enable the said county board, with their personal knowledge of the applicant, to make a recommendation to the State Board of Examiners that a State certificate should or should not be granted, and forward the same by registered mail to the State Board of Examiners, with a recommendation as to the granting of a State certificate. No appli- cant shall be examined for a State certificate unless the said appli- cant is known to the county superintendent to possess an unexcep- tionable moral character, and to possess the age and experience herein required. With the answers as forwarded to the State Board of Examiners, the county superintendent shall inclose a written statement in proper form, signed and sworn to by at least two mem- bers of the local examining board, that the examination had been held in strict accordance with the law, and that the applicant had not, either directly or indirectly, received any assistance, and that the moral character of the applicant is unexceptionable. If the an- swers and statements are deemed sufficient, if the recommendation of the county board be favorable, the State Board of Examiners may issue a State certificate, which shall entitle the holder to teach in the common schools of the State, graded or city schools, for a period of eight years, unless revoked by the Superintendent of Public In- struction, or unless the holder shall fail for two successive years to be engaged in active school work. At the expiration of the time for which it was granted, if it shall not have been revoked by the Super- intendent of Public Instruction, and if the holder shall not have failed for two successive years to be engaged in active school work, a State certificate may be renewed for another eight years by the State Board of Examiners without additional fee, upon the recom- mendation of the board of examiners of the county whereof the bolder shall at that time be a resident. Any county superintendent may, for cause, revoke a State certificate as far as it applies to his 32 School Laws of Kentuchy, county, of which immediate information shall be given to the Su- perintendent of Public Instruction, and be subject to his approval. A State certificate shall be impressed with the seal of the State Board of Examiners, and the fee charged the applicant shall be four dollars, besides the registration fee for forwarding the answers, of which one dollar shall be paid to the county board of examiners. The proceeds of the fees for examination for State certificates and of the examination of candidates for county superintendent, shall be divided between the two professional members of the State Board of Examiners in proportion to the services rendered by them. County certificates shall be first class, second class, or third class, and shall apply only to the county in which they are issued, and shall be good for four years, two years and one year, respectively. Third class certificates shall not be issued more than once to the same per- son in any event. After July 1, 1894, a certificate of the third class shall not entitle the holder to teach in any district reporting fifty- five or more pupil children, nor shall a certificate of the second class entitle the holder to teach in any district reporting seventy-five or more pupil children. A county certificate of the first class shall re- quire an average grade of eighty-five per cent, upon all subjects of the common school course, and upon the science and art of teaching ; and the lowest grade on any subject shall not be less than sixty-five per cent. A county certificate of the second class shall require an average grade of seventy-five per cent., and the lowest grade on any subject shall not be less than fifty-five per cent. A county certificate of the third class shall require an average grade of sixty-five per cent., and the lowest grade on any subject shall not be less than fifty per cent. If, at any time, the holder of a county certificate shall be found incompetent, inefficient, immoral, or otherwise un- worthy to be a teacher, the county superintendent shall revoke the certificate of such person ; and any teacher dismissed from school on such grounds shall be entitled to receive payment for services only up to the time of dismissal. Nothing in this act shall be construed to require any teacher now holding a teacher's certificate to be re- examined until the expiration of said certificate. A person having taught for eight consecutive years in the same county under first- class certificates, obtained as hereinbefore provided, may have the last one renewed annually for four years by the county superintend- School Laws of Kentucky. ent, who shall write upon it "Renewed," sign officially, and give date of such renewal. (Ky. Stat. Sec. 4503.) § 66. — Penalty for Improperly Granting Certificates — Any coun- ty superintendent or county examiner who shall knowingly grant to any immoral person, or to any person under the prescribed age, a certificate to teach in the common schools, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty nor more than one hundred dollars for each offense. § 67. — Fee — Any county superintendent, county examiner, printer, officer of State or county, or any other person who shall sell, barter, give or furnish or procure to be sold, bartered, given or fur- nished, to any applicant for a certificate to teach in the public schools, or to any other person, any question or questions prepared or sent out by the State Board of Examiners for the examination of persons applying for such certificate, or in any way dispose of such question or questions, except in the manner provided by law, shall be guilty of a felony, and shall, upon conviction, be punished by confinement in the vState penitentiary not less than one year nor more than two years. The county board of examiners shall charge each applicant a fee of one dollar for each examination made, the proceeds of which shall be divided between the two members of the board appointed by, and acting with, the county superintendents in proportion to the services rendered by them. (Ky. Stat. Sec. 4426.) § 68. — Oath of Applicant — All applications for teachers', county or State certificates, or State diplomas in the Commonwealth of Kentucky, immediately before entering upon examination shall sub- scribe to the following oath, which shall be presented to them by any of the Board of Examiners, viz. : "I do solemnly swear (or affirm) that I have not had access, directly or indirectly, to the State Board or other questions to be used in this examination, and that I have no personal knowledge of any unlawful usage of the aforesaid questions by any other person or persons, which knowledge I have not communicated to the grand jury, county attorney or county su- perintendent of schools of the county in which the aforesaid person or persons did unlawfully use or attempt to use said questions." § 69. — The Superintendent of Public Instruction shall furnish each county superintendent in the Commonwealth with a sufficient number of copies of the oath prescribed in this act, printed on sheets 34 School Laws of Kentucky, with blank space below for names and addresses of applicants. Each copy, after being subscribed to by applicants as provided in this act, shall be dated and signed officially by the Board of Examiners and preserved in the office of the Superintendent of Public Instruction or county superintendent of common schools as a public record. § 70. — Violation — Any Superintendent of Public Instruction or county superintendent of common schools or Board of Examiners for teachers', county or State certificates or State diplomas failing to comply with the provisions of the act shall be guilty of a misde- meanor and, upon conviction thereof, shall be fined in a sum not less than fifty dollars nor more than one hundred dollars for each oflfense. (Ky. Stat. Sec. 4425.) <^ 71. — Must Grade School, keep Grade Book and make Reports — Summary — It shall be the duty of each teacher of a common school to keep such register of the school as the State Superintend- ent may require of and furnish to him as needed, through the county superintendent. The teacher's register shall be the property of the subdistrict ; shall be systematically graded for at least four years' work; shall be well preserved, without mutilation cr useless mark- ing; shall be in the care of the teacher during the school term, and at the close thereof, shall be delivered to the chairman of the di- vision board, who shall be responsible for it, and deliver it to the teacher at the opening of the next school term, and it shall be open at all times to the inspection of the trustee and the county superin- tendent. The section allotted to each year shall be divided into two parts, designated as monthly summary and term summary. The monthly summary shall show the day of the week and the day of month upon which the term began ; the day of the week and of the month of each day taught; the number of pupils enrolled; the num- ber in attendance each day; the name, sex and weekly standing of each pupil in each subject, and such other facts as the Superintend- ent of Public Instruction may desire. On the last day of each month taught, the teachers shall sum up and place at the end of the record lor the month the facts herein required to be kept, with the day of the week and month on which the school month closed; the highest and lowest number of pupil children in attendance, the average percentage of the attendance of the whole num- ber of pupil children in the district. The term summary shall show the monthly statement made at the end of each month, the School Laws of Kentucky, 35 percentage of the enrollment of the whole number of pupil children in the district, the highest, lowest and average number of children in attendance, the average percentage of children of the district in attendance, the number of pupils in each class, the name of theJ:ext- book used in each class, the point reached by each pupil in each book at the close of the term, the names of all pupils that should be ad- vanced, the class of the teacher's certificate, his average monthly- salary, and such other facts as may be required in the register. (Ky. Stat., Sec. 4504.) § 72. — Superintendent of Public Instruction to Furnish Blanks — Character of Reports — Term Report — False Certificate — The Su- perintendent of Public Instruction shall provide for each teacher a blank monthly report for each month to be taught, and also a blank term report. At the end of each month taught, the teacher shall fill the monthly report of that month from the facts summed up in the monthly summary of the register, and shall present the monthly re- port to the chairman of the division board, who shall carefully ex- amine it, and if found correct he shall, if requested by the teacher, fill out and sign a certificate attached to the monthly report, certify- ing that the month has been legally taught; and upon the chair- man's certificate the teacher shall draw his salary from the county superintendent for the month so certified, after the monthly re- port has been duly delivered to the county superintendent. Within ten days after the close of the last month of the term, the teacher shall make out the term report from the term summary in the regis- ter; shall present the term report, the last monthly report, and the teacher's register to the chairman, who shall carefully inspect them and approve the report, if correct, make out the chairman's annual report, and shall then give the teacher certificates for the month or months not previously certified, and shall place the chairman's an- nual report in the teacher's hands for the delivery to the county superintendent. Nothing herein shall be construed to prevent a chairman of the division board from certifying to, or a county super- intendent from paying for, a fraction of a month in any case in which the teacher, from sickness or other disability, shall be unable to continue the school. Any teacher who shall make a false monthly or term report, or any chairman who shall give a certificate of a month or months taught before he has carefully examined and ap- proved the report of each month, or any county superintendent who 36 School Lmvs of Kentucky, shall make a payment upon a teachers' salary, except upon the chairman's certificate, shall be guilty of a misdemeanor, and, on conviction, be fined fifty dollars for each offense. (Ky. Stat. Sec. 4505.) <^ 73.— Required Duties— Penalty for Wilful Refusal or Neglect —Authority— Appeal— Teachers shall faithfully enforce in school the course of study, the use of the text-books adopted in the county, and the regulations prescribed in pursuance of law ; and if any teach- er shall wilfully refuse or neglect to comply with such regulations, the Division Board may remove him, at any time, subject to the ap- proval of the county superintendent ; and in case of such dismissal or removal, the said teacher shall receive payment only for the time taught. The teacher is authorized and directed to hold each pupil to a strict accountability for any disorderly conduct on the play- ground, or during any intermission or recess, or on the road to and from school ; and for good cause he may suspend any pupil ; but such suspension shall be immediately reported, in writing, to the chairman of the division board. In cases of suspension, the action of the teacher shall be final unless reversed by the division board. Either party may appeal from the decision of the division board to the county superintendent whose decision shall be final. But no teacher shall be required or under any obligation to teach any other than the common school branches prescribed by the State Board of Education in the common schools, unless it shall be so specified in a written contract with the division board. (Ky. Stat. Sec. 4506.) CHAPTER VIII. THE COUNTY SCHOOL BOOK LAW. § 74. — Members of Commission — There is hereby created in each county within the State a County Text Book Commission, which shall consist of the County Superintendent of School, two members of the County Board of Examiners, the Principal of a High School in the County, to be appointed by the State Board of Education, and owe member of the County Board of Education elected by said County Board, provided that no person shall serve on said Commission who is the author of any text book published for use in the common schools, or who has been in the employ as a School Lmvs of Kentucky. 37 traveling salesman, or otherwise, of any publisher of school text books within a period of two years prior to the passage of this act. <^ 75. — Vacancies — How Filled — Vacancies on the Commission resulting from the disqualification of the County Superintendent, Principal of the county high school, or member of the Board of Ex- aminers, shall be filled by the State Board of Education. Vacan- cies resulting from other causes shall be filled as prescribed by law for original members. <^ 76. — Oath of Office-— Each member of said Commission shall qualify by taking and subscribing to an oath faithfully to discharge his duties as required by this law, and the said affidavit shall be filed in the office of the clerk of the county court of the county. § 77. — Meetings of Commission — Record to be kept by Secre- tary — The members of the County Text Book Commission, as thus constituted, shall meet on the call of the County Superintendent in his office during the month of April of the years in which existing contracts expire, and shall organize. The County Superintendent shall be ex officio Chairman of the Commission, and a Secretary shall be elected from the membership. The Chairman shall preside at all meetings of the Commission. The Secretary shall keep com- plete records thereof, and all such records and all contracts shall be signed by the chairman and secretary. § 78. — Adoption of Books — Sealed Bids — Advertisement — Not less than sixty days before the expiration of the contracts now in force for furnishing books to the common schools of the county, the County Text Book Commission shall advertise through one or more county papers, or by written notification to all qualified publishers as hereinafter provided, that at a time and place fixed definitely in the advertisement, sealed bids or proposals will be received from the publishers of school text books for furnishing books to the com- mon schools of the county, in accordance with the provisions of this law and such regulations as the Commission may prescribe. Such advertisement shall reserve to the Commission the right to reject any and all bids. § 79. — Proposal to State Contract and Exchange Prices — Speci- men Copy of Books — Such bids or proposals shall be for furnishing books during a period of five years and no longer. The bids shall state specifically the net contract prices at which books are to be furnished to agents within the county, and the exchange price to 38 School Laws of Kentucky. the pupils, and shall be accompanied by a specimen copy of every book proposed to be furnished. All bids shall be sealed and de- posited with the Chairman of the Commission to be by him deliv- ered to the Commission in executive session, when they shall be opened in the presence of the Commission. It shall be the duty of the Chairman of the Commission to carefully preserve in his office for comparison the specimen copy of each of the books adopted, to- gether with the original bid or proposal, and when requested, to return to the publishers the specimen copies of other books sub- mitted, at their expense. <^ 80. — Bids may be Rejected — The Commission shall have and reserve the right to reject any and all bids for reasons satisfactory to a majority of the Commission. In case of failure to select from the bids submitted a satisfactory text book upon any of the branches prescribed by law, the Commission shall readvertise for sealed bids under the same terms and conditions, and proceed with its investi- gations as in the first instance. § 81. — Uniform Series of Books — Cities Exempt — It shall be the duty of the said Commission in each county, during the months of June or July of the years in which existing contracts expire, by a majority vote of the entire Commission to adopt from the author- ized State list, as hereinafter provided, a uniform series or system of text books for use in the common schools of the county, except in cities of the first, second, third, fourth, fifth and sixth classes, and to arrange for the distribution of such books to agents at the net contract price. The Commission may, from time to time, make any regulations not contrary to the provisions of this act to secure the prompt and faithful performance of all contracts, and the prompt distribution of the books herein provided for. § 82. — Merits of Book to be Considered — The Commission, in the selection and adoption of a uniform series of text books, shall consider the merits of the books, taking into consideration their subject-matter, the printing, binding, material and mechanical qualities, their general suitability and desirability for the purposes intended and the price. The Commission shall select and adopt such books as will, in its judgment, accomplish the ends desired. § 83. — Branches to Include Elementary and High Schools — The uniform series of text books to be selected by the Commission shall include all the branches required by law to be taught in the common School Laws of Kentuchy, 39 elementary and high schools of the county, except as herein pro- vided, but no text book shall contain anything of a partisan or sec- tarian character. (^ 84. — County High School Adoption — County high schools having been established since the last adoption of text books, it shall be the duty of each County Text Book Commission, as herein con- stituted, by or before the 1st of July, 1910, to adopt a uniform series of text books for use in such county high schools and such other high schools as may not be exempt by law from the provisions of this act. Such adoption shall be made in accordance with the pro- visions of this act, and shall be for a term of four years from July 15, 1910. All adoptions thereafter shall be for a term of five years. § 85. — Contracts Awarded — Must Notify State Superintendent — After the adoption shall have been made, the Commission shall award the contracts and shall, by registered letter, notify the bid- ders to whom contracts have been awarded, and shall at the same time notify the State Superintendent of the awards made. It shall be stipulated in all contracts that the net contract prices at which such book or books shall be sold to the Commission, or the desig- nated agents of the Commission in the county and the exchange price to pupils shall not exceed the lowest net contract and exchange prices at which the same book or books are sold under contract with any other State, county, township or school district in the United States under like conditions of sale and distribution. § 86. — Contract to be Prepared by State Superintendent — Ap- proved by Attorney General — It shall be the duty of the State Su- perintendent of Public Instruction to prepare and have printed a form of contract between county text book commissions and pub- lishers of school books, said form to be approved by the Attorney General, and to furnish the same, through the County Superintend- ent, to the several county commissions of the State; and no other form of contract shall be used by such county commissions and pub- lishers in carrying out the provisions of this act. § 87. — State of Kentucky Not Liable — It shall always be a part of the terms and conditions of every contract made in pursuance of this act that the State of Kentucky shall not be liable to any con- tractor in any manner for any sum whatever, but all such contrac- tors shall receive their pay and compensation solely and exclusively from the proceeds of the sale of books, as provided for in this act. 40 School Laws of KentucTcy, § 88. — Agents Appointed — Prices of Books — Exchange of Books — For the distribution and sale of adopted books to patrons, the County Commission shall arrange with at least two responsible merchants or other agents in the county of good financial rating, in locations selected with reference to the convenience of said patrons, and shall appoint the same as agents, and such agents shall sell the books adopted to the patrons and pupils of the common schools at a price not exceeding fifteen per cent, advance on the net contract price of said books, and out of said excess over the net contract price so charged by such agent he shall pay the transportation charges on said books. Said agent shall exchange new books for old ones displaced by said adoption at the exchange price herein provided for during the first year of each and every contract made under the provisions of this act. § 89. — Patrons May Exchange Old Books — When any patron or pupil of the common schools owning text books adopted for use in said schools in the county of his residence shall remove to an- other county, he may deliver such books to any agent or dealer in the county from which he has removed and the agent or dealer to whom same shall be delivered shall receive and pay him in money the exchange value of such books. Provided, that only such old books as are whole and in good serviceable condition shall be so purchased by said dealer. § 90.— County Judge to Purchase Second Hand Books— The county judge in purchasing books for indigent pupils as required by law shall purchase from said dealers said second hand books so far as the same may be suitable for such purpose and furnish same to the County Superintendent for the use of said indigent pupils. Provided, that no agent or dealer of any county commission shall sell any second hand books so purchased, or any second hand book to any pupil or patron or to the county judge as herein provided at c. price higher than ten per cent, above the cost of such second hand book. § 91.— Penalty for Unlawful Sale or Extra Charge— Any agent or dealer, clerk or other person having or selling books adopted under this act, who shall ask or receive for any such book more than the lawful price therefor, as herein defined, or who shall re- fuse to exchange new books for old at the exchange price herein provided for during said period of exchange, or who shall refuse to School Laws of Kentuchy, 41 receive from patrons or pupils removed to other counties books owned by them and adopted for use in the common schools of the county of such agent or dealer and to pay to them the exchange- value thereof in cash for such old books shall be guilty of a misde- meanor, and on conviction shall be fined in a sum not less than fifty nor more than one hundred dollars. § 92. — State Board of Education to Make Printed List — County Superintendent to Furnish List — It shall be the duty of the State Board of Education by the first of September of each year to have printed a complete list of all the books adopted under the provisions of this act stating the highest lawful retail and exchange price of each, and to distribute such lists to county superintendents in such quantity as they may request. It shall be the duty of the County Superintendent to furnish such lists attested by his signature, to all dealers and to the principal teachers of all schools in the county, and such dealers and teachers shall post the same conspicuously in their sales rooms or school houses. Failure to comply with the provis- ions of this section by any of the parties herein named, shall be punishable by a fine of not less than ten nor more than twenty dollars. § 93. — Adopted Texts must be Exclusively Used — Penalty for Violation — The books adopted by the Commission as the uniform system of text books shall be introduced and used as text books to the exclusion of all others in all the common schools of the county, except as herein provided, for a period of five years from the date of adoption, and it shall not be lawful for any teacher or other school officer to use, or any board of education to permit to be used, any books upon the same branches other than those adopted by the Commission. However, nothing herein shall prevent the use of sup- plementary books, but such supplementary books shall not be used to the exclusion of the books prescribed under the provisions of this act. Any board of education, trustee or teacher violating the provis- ions of this section shall be guilty of a misdemeanor, and upon con- viction, be punished by a fine of not less than ten nor more than fifty dollars for each offense. § 94.— Publisher Must File Statement with Superintendent of Public Instruction — Before the publisher of any school text book shall offer the same for sale to any county text book commission in Kentucky, said publisher shall file a copy of the text book in the 42 School Laws of Kentucky. office of the State Superintendent of Public Instruction with a sworn statement of the lowest net price at which said book is sold anywhere in the United States, under State, county, township, dis- trict or city contract. Said publisher shall file with the State Board of Education a written agreement to furnish said book or books to the designated agents, as hereinbefore provided, or to any county text book commission in Kentucky at the prices so filed, exclusive of transportation charges. Said publisher must further agree to reduce said prices in Kentucky if reductions are made elsewhere in the country, so that at no time may any book be sold in Kentucky by the contractor at a higher price than is received for the same book elsewhere under State or county contract. Said publisher shall further agree that all books offered for sale in Kentucky shall be equal in quality to those deposited in the office of the State Superin- tendent as regards paper, binding, printing, illustrations and all points that may affect the value of said books. § 95. — Book Adopted must Comply with Sample — Damages on Bond may be Recovered — If any publisher shall furnish to any county books inferior in any particular to the samples on file in the office of the State Superintendent, or shall offer them at higher prices than those listed with the State Superintendent, it shall be- come the duty of the County Text Book Commission of said county to inform the State Superintendent of the failure of said publisher to comply with the terms of his contract. The State Superintendent shall thereupon notify the publisher of said complaint, and if said publisher shall disregard the notification and fail immediately to comply with the terms of his contract, then the State Superintend- ent shall institute legal proceedings to recover damages on the bond of said publisher. § 96. — License Fee of Publisher — Fund to be used for Expenses -—Before the publisher of any school text book shall offer the same for sale to any county text book commission in the State of Ken- tucky, and at the time of filing such text book in the office of the State Superintendent of Public Instruction, said publisher shall pay into the Treasury of the State of Kentucky a filing fee of five dollars for each book offered by said publisher. A series of books by the same author and upon the same subject shall constitute one book for this purpose. The fees thus received shall constitute a fund out of which, upon requisition made by the State Superintendent, shall School Laws of Kentucky, 43 be paid the expenses of publishing lists and other information for the use of the County Text Book Commissions, clerk hire and other necessary expenses in connection with the filing of all text books submitted for adoption in the State of Kentucky. Any balance of such fund remaining upon the first of January of the fifth year following the completion of adoptions shall be placed to the credit of the State School Fund. § 97. — Sworn Statement to be Filed by Publisher — When any publisher of school text books shall file with the State Superintend- ent the samples and lists provided for under this act, said publisher at the same time shall be required to file a sworn statement that he has no understanding or agreement of any kind with any other publisher, or interest in the business of any other publisher with the effect, design or intent to control the prices of such books, or to restrict competition in the adoption or sale thereof. § 98. — Agreement to Control Prices — Attorney General to Insti- tute Proceedings — If, at any time, any publisher shall enter into any understanding, agreement or combination to control the prices or to restrict competition in the adoption or sale of school books, or if the statements required of said publisher in the preceding sections shall be untrue in any respect, then the Attorney General shall institute and prosecute legal proceedings for the forfeiture of the bond of said publisher, and for the revocation of his authority to sell school books in this State, and all contracts made by said publisher under this act, shall thereupon become null and void at the option of the other parties thereto. <^ 99. — Money for Campaign Purposes — Penalty — Any person, firm or corporation qualified to sell school books in Kentucky under the provisions of this act, or any agent thereof who shall, directly or indirectly, contribute any money or thing of value to the cam- paign fund of any political party, or to the campaign fund of any person who is a candidate for office in this State, or in any district or county thereof, or to the campaign fund of any person who is a candidate for nomination for an office, or shall give any money, or valuable property whatsoever to any member of any county text book commission, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one thousand dollars nor more than five thousand dollars in the discretion of the jury, and such act on the part of said person, firm or corporation, 44 School Laws of Kentucky. oi the agent thereof, shall also be considered a breach of the bond made by said person, firm or corporation with the State, and the venue of action shall be within any county in the State where said act is committed, or in the Franklin Circuit Court; and the State Board of Education, or any one of the county text book commis- sions, or any member thereof in the county where ^-he offense is committed, shall have the right to prosecute an action for the breach of said bond, and the amount recovered for said breach shall be turned over to the Treasury of Kentucky for the benefit of the State School Fund. § 100. — Bribery — Penalty — Any member of any county text book commission who shall solicit, accept or receive any money, gift or any property or favor whatsoever from any person qualified to sell text books in Kentucky, or any agent thereof, or other person in any way interested in the sale of such text books shall be deemed guilty of a misdemeanor and upon conviction, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. § 101. — Bond to be Filed by Publisher — To insure compliance with the aforesaid conditions under which school text books may be sold in the State of Kentucky, the publisher shall file with the State Board of Education a bond of not less than two thousand dol- lars nor more than ten thousand dollars, the amount to be fixed by the State Board of Education upon compliance with the provisions of the preceding sections, and the bond to be approved by said Board. The publisher shall thereupon be qualified to sell school books in this State. Any publisher who shall offer for adoption to any text book commission school text books of any kind without first qualifying therefor under this act, shall be guilty of a misde- meanor, and upon conviction, shall be fined not less than five hun- dred dollars nor more than five thousand dollars. § 102.— City Schools to Adopt— The Board of Education in a city of the first, second, third, fourth, fifth or sixth class, shall con- stitute the Text Book Commission for such city, and as such, its powers, duties, restrictions and penalties shall be identical with those provided by law for county text book commissions ; provided that the members of such Board acting as a text book commission shall receive no compensation for their services, and provided School Laws of Kentucky. 45 further that if any member of said Board shall be or become inelig- ible to serve as a member of the Text Book Commission, then the other members of the Board are hereby empowered to fill the va- cancy on the Text Book Commission thus created. ~ - § 103. — The provisions of this law shall also apply to all cor- porations, firms or individuals concerned in any way in the selec- tion, adoption, sale or use of common school text books in cities of the first four classes. § 104. — Repealing Clause — All laws and parts of laws in con- flict with the provisions of this article are hereby repealed. Pro- vided, however, that the provisions of contract and obligations im- posed by law under which the existing State contract for uniform text books was made shall remain in force, and all contractors there- under shall continue to be held liable under their bond for the faith- ful performance of said existing contracts until the expiration of the same. CHAPTER IX. COUNTY SCHOOL DISTRICT LAW. (^ 105. — County to Compose School District — Exception — That each and every county in this Commonwealth shall compose one school district, excepting that where there is a city or town in any county which maintains a separate system of public schools, then the balance of said county, outside of such city or town district, shall constitute a school district. (Ky. Stat. Sec. 4426a.) <^ 106. — County to be Divided into Educational Divisions — Pow- er to Change Boundaries of Educational Divisions — Graded Schools Exempt — Three Kinds — Per Capita Apportioned each Subdistrict — That within thirty days after this act goes into effect the county superintendent of schools, the county judge and the county attorney in each county of the Commonwealth shall meet at the courthouse of their respective counties, upon the call of the county superintend- ent of schools, and shall divide each county school district, as pro- vided for in section 105, into educational divisions containing as nearly as possible an equal number of children of school age, includ- ing both white and colored children, as shown by the last census of school children, and in each county the said ofiicers may make, as may seem expedient, either four, six or eight of such educational 46 School Laws of Kentuclcy. , divisions and in fixing the boundaries of said educational divisions they shall be made to follow, as nearly as practicable, the boundaries of existing school districts for white children. They shall have the power to change the boundaries of educational divisions whenever such change becomes necessary. The county judge, county super- intendent of schools and county attorney shall then sub-divide each of the said educational divisions into school subdistricts following as nearly as practicable the boundaries of existing school districts for white children. Provided, That any graded common school district that may exist in any educational division or that may here- after be established according to law whether operating under spe- cial charter or established by popular vote, as provided for in the laws relating to the graded common schools, and school districts now operating within municipal districts established and corporated under special charter and supplementing the State School Fund by a local tax of not less than twenty cents on each hundred dollars of assessed valuation of property, shall retain their present boun- daries and be exempt from the provisions of this act. The provis- ions of this act shall not apply to any graded school district created by special act and having a school fund other than that provided by general law. The boundaries of any such school subdistrict, as above fixed, shall include all children, both white and colored, resid- ing in said subdistrict, and said subdistrict shall not include, except in cases of emergency, fewer than fifty white children of school age, nor in any case fewer than forty such children. No subdistrict shall be apportioned the per capita of the State fund on fewer than fifty white pupil children, nor shall any subdistrict be apportioned the per capita on more than one hundred white pupil children for the payment of one teacher. <^ 107.— Electing Trustees— On the first Saturday in August, after the passage of this act, an election shall be held at the school building in each school subdistrict of this Commonwealth, from the hours of one until five o'clock in the afternoon for the purpose of electing one trustee for each school subdistrict, as fixed by section 106 of this act. The trustees then elected shall hold their offices, one-half for one year and one-half for two years, as shall be deter- mined by lot at the first meeting of the division board, as provided for in sec. 112 of this act. Each year thereafter there shall be elect- ed for two years one trustee in each subdistrict in which the term of School Laws of Kentucky. 47 his predecessor in office will then expire. Said trustees shall serve until thtir successors are duly elected or appointed and qualified as herein provided. § 108.— Who May Vote — Any person shall be eligible to~ this office of school trustee v^ho is over twenty-one years of age, and who has been a resident of the subdistrict for which he is elected fc'r sixty days before the election, and who is able to read and write, as shown by a certificate of five reputable citizens of the subdistrict, and all male persons over twenty-one years of age, who shall have resided in a school subdistrict for sixty days next before an election shall have the right to vote at such election. § 109. — By Ballot — All elections for school trustees shall be by ballot. Said ballot shall contain no emblem nor device of any kind by which it may be identified or known, and the ballot shall be printed and furnished by the county clerk of each county, and paid for out of the county levy. But said ballot shall provide blank v'^paces whereby such electors may vote for or elect another than those whose names are printed upon said ballot. § 110. — Nominations by Petition — Officers — All nominations for school trustees shall be by petition, signed by at least ten persons eligible to vote in elections for such trustees, and no name shall be placed upon any ballot unless such nominating petition is filed with the county clerk of the county in which such election is held, at least ten days prior to the date of such election. The officers of said election shall be a clerk and two judges, and shall be appointed by the regular election commissioners in each county and shall re- ceive no compensation for their services. The said officers shall be the judges of the qualifications of each voter as prescribed in this act, and shall certify the returns of the election to the county superintendent of schools within five days after said election. § 111. — Colored Visitors — Election — At the same time and place and by the election officers who conduct the election for sub- district trustees, an election shall be held for the purpose of electing a visitor for the colored school or schools of the subdistrict. Such visitor shall be nominated and elected in the same manner as the subdistrict trustee, save that the nominating petition shall be signed by colored voters, and that colored voters alone shall be eligible to vote for such visitor. So far as the colored school or schools of the subdistrict are concerned, the duties of the visitor shall be identical / 48 School Laws of Kentucky. / with those of the subdistrict trustee, save that such visitor shall not be a member of the Division Board. (Section as amended ^y Acts of 1910.) § 112. — Organization of Board — Vacancies — The county super- intendent of schools shall meet the trustees so elected from the various school subdistricts of each educational division at some point to be designated by him, within such educational division within thirty days after the date of their election, prefer notice hav- ing been given in writing to each trustee as to the time and place' of such meeting for the purpose of organizing the trustees so elected into a division board of school trustees by choosing one of said trustees to be chairman and one to be secretary of said division board. The county superintendent of schools shall be ^ member of such division board of his county, but shall only vote upon any matter in case of a tie vote, and then he shall cast the deciding vote. Any vacancy that may exist in the trusteeship of any school sub- district shall be filled by appointment by the division of the educa- tional division of which said subdistrict is a part, and to them peti- tion may be made by the voters of the subdistrict. Should the office of chairman of a division board become vacant the county superin- tendent, as soon as the election has been held to elect a sub-district trustee as above provided, shall call a meeting of said division hoard, , and shall then proceed to elect another chairman, and until a chairman is so elected, such division board may choose one of its members as a temporary chairman. § 113. — Duty of Trustee — Census — It shall be the duty of the trustee in each school subdistrict, to personally supervise the school cr schools in his subdistrict, and to report the needs thereof to the division board of his educational division at its regular meeting, to- gether with such recommendations as he may deem necessary for the best interest of said school or schools. All such reports and recommendations should be in writing. The Division Board shall refer such reports to the County Board with its recommendations on same. The trustee of each school subdistrict shall, in the month of April of each year, make and return to the county superintendent a complete census of the children of school age residing in his district, and for the performance of all his duties he shall be allowed and paid the sum of five cents per pupil child reported in such census. School Laws of Kentucky, 49 § 114. — Duty of Division Board — Selection of Teachers — Con- tracts — It shall be the duty of the division board of trustees in each educational division to elect one or more teachers for each school in such educational division except as hereinafter provided. A ma- jority of the members of such division board shall be necessar)/ to the election of any teacher for service in any subdistrict. All appli- cations for positions in said schools shall be filed with the secretary of the division board of the educational division in which a school position is sought. The division board in each educational division shall meet for the consideration of applications and the election of teachers on the last Saturday in June following the election of trus- tees and the organization of the board under this act, and shall meet for the same purpose on the last Saturday in June of each year thereafter. Qualifications of teachers shall be determined as pro- vided by law. Said educational division board may meet on the last Saturday of July and August in each year for the purpose of filling any vacancies which may exist. Said division board may meet at such other times as the chairman may designate. Teachers shall be elected for one school year, but may be removed by the di- vision board of the educational division in which they are employed, at any time, subject to the approval of the county superintend- ent, for incompetency, neglect of duty or immoral conduct. Contracts for the service of all teachers shall be in writing, signed in duplicate by the teacher and by the chairman and secretary of the division board of the division in which the' teacher is employed. Upon organization of said board, one of the members shall be chosen as secretary, who shall keep a correct record of all proceed- irigs, which shall be a public record. § 115. — County Board of Education — The chairman of the sev- eral educational division boards in each county, together with the county superintendent of schools, who shall be chairman ex-officio, shall constitute the county board of education. § 116. — County High School — Power of County Board — Three Classes — Within two years after the passage and approval of this ?ct, there shall be established by the county board of education of each county one or more county high schools : Provided, There is not already existing in the county a high school of the first class ; if such high school already exists, and if the county board may be able to make such an arrangement with the trustees or board of educa- 50 School Laws of Kentucky, tion of said high school as will furnish to the pupils completing the rural school course free tuition in said high school, then said high school may be considered as meeting the purpose of this law with- out the establishment by the board of another high school. The county board of education in the various counties shall have full power and authority to unite with the governing authorities of any city or town in their respective counties for the purpose of establish- ing a high school for the joint use of the city or town and such county, and to unite with such authorities for the purpose of main- taining such high school if one be already in existence. For this purpose said county boards are hereby given full power and author- ity to make such contracts as they may deem necessary or proper for the establishment and maintenance of such high schools for the joint use of the county and such city or town. Said contract shall be in writing and shall contain full and complete stipulations as to employment, compensation of teachers, courses of study, payment of the expenses of the school and the control and discipline of the pupils. The first county high school to be established in the county shall be located at the county seat, provided there is not already ex- isting in the county seat a high school of the required grade. The county high schools of this Commonwealth shall be of the first, second and third class. A first class high school shall maintain a four years' course of study, which shall be prepared by the State Board of Education. Such course of study may provide for instruc- tion in manual training, domestic science and elementary agricul- ture. High schools of the second class shall maintain a course of three years, identical with the first three years of the first class high school. High schools of the third class shall maintain a course of two years identical with the first two years of the first class high school. § 117. — County to Levy Tax — Special Bond of County Superin- tendent — It shall be the further duty of the county board of educa- tion to estimate and lay before the fiscal court of the county the educational needs of the county in accordance with such estimate, and said county shall levy a tax for school purposes, not to exceed twenty cents on each hundred dollars of assessed valuation of prop- erty in the county, and a capitation tax not exceeding one dollar, and the sheriff shall then collect this tax as other State and county taxes are collected : Provided, No tax for school purposes shall be School Laws of Kentuchy. 51 levied tinder this act upon property in cities and towns maintaining a first class system of public schools in which all grades are already taught to the satisfaction of the State Board of Education, and upon property in school districts which are made exempt as provided for in section 106 of this act. When the tax so levied shall have been collected by the sheriff of the county, he shall turn over to the county superintendent, who shall act as treasurer of the county board of education, the amount of money so levied and collected, and the county board shall expend the money so received in the building, improvement and equipment of school houses, for the pur- chase and condemnation of necessary real estate, for the payment of teachers, purchasing necessary supplies and the extension of the school term in the various subdistricts throughout the county, as in their judgment as a county board the needs of the individual schools for white and colored pupils demand. The county superintendent shall give such special bond as may be approved by the county court. No fund shall be paid out except on the order of the county board, signed by the chairman and countersigned by the secretary. § 118. — Local Tax Additional may Vote Subdistrict — Upon the petition of ten legal voters of any school subdistrict, the board of education of any division shall submit to the legal voters of said subdistrict the question whether or not a tax shall be levied upon the taxable property in such subdistrict in any school year for local school purposes ; an ad valorem tax may be so voted not to exceed twenty-five cents on each one hundred dollars of taxable property. Such questions shall be voted on at the regular school election held, as provided by this act, on the first Saturday in August. At least fifteen days notice that such question will be voted on at any school election shall be given by written or printed handbills, posted up in at least five of the most public places in such district. The returns of said election shall be made to the chairman of the division board of education and said board shall meet within seven days after such an election and canvass the returns, and if it be ascertained that a majority vote in such district was cast in favor of such tax, said board shall, on its minute book, enter an order levying such tax in such subdistrict, and it shall be the duty of the sheriff of the county on his official bond to collect such tax and hold the same subject to the order of the county board of education for the benefit of the sub- district voting such tax, and said sheriff shall receive the same com- 52 School Laws of Kentucky. pensation therefor as for collecting State and county revenue. (^ 119. — To Establish new Subdistricts — The county board of education shall have full power, when necessary, to lay off or estab- hsh new school subdistricts, or to change the boundaries of those already established. § 120. — Purchase, Lease or Rent Sites — Receive- Gifts — The county board of education shall have the power to purchase, lease or rent school sites, to build, to repair and to rent school houses, pur- chase maps, globes, charts, school furniture, or other apparatus necessary to the efficient conduct of the schools of the county, and said county board is hereby vested with the title, care and custody, of all school houses, sites, or other property belonging to the dis- tricts of their several counties, and when, in the opinion of the board, any site for school house has become unnecessary, they may sell and convey the same in the name of the county board of educa- tion. It shall have the power to receive any gift, grant or donation for the use of the schools within their respective counties, and all conveyances of real estate which shall be made to said county board of education shall vest the property in said board and their succes- sors in office for the use and benefits of the schools of the county. It shall have the power to condemn any real estate necessary for school purposes in any district and may proceed to do so in the manner provided for by law for the condemnation of lands for rail- road purposes. § 121. — County Board Body Politic — The county board of edu- cation and their successors shall be a body politic and corporate, with perpetual succession and as such may sue and be sued. § 122. — Superintendent to Keep Public Account — The county superintendent shall keep an exact account of all receipts and dis- bursements and shall report the same in detail to the county board as often as they may require and annually to the fiscal court of the county on the date specified by that court for receiving said report. The books and records of the county board shall be open for the in- spection of any citizen of the county. § 123. — Salaries of Teachers — Course of Study — When county high schools shall be established, as provided in this act, it shall be the duty of the county board of education to employ and fix the salaries of said teachers necessary to the efficient conduct of said high school and prescribe the course of study to be pursued, but School Laws of Kentucky. 53 said course of study shall not be below the standard fixed by the State Board of Education as provided in section 116. Said board shall also have the right to select the text books to be used in said high schools. § 124. — Time Boards Shall Meet — Compensation — The county board of education shall meet at a place designated by the county superintendent for the transaction of such business as shall properly come before it under this law, on the first Saturday in September, following the enactment of this law, and shall meet at the call of the county superintendent, who is chairman of the county board, at such other times as he may direct. The county superintendent shall call the county board upon the written request of three members. Each member of the county board shall receive three dollars for each days' service, but no member shall be paid for more than twelve days' service in any one year, whether in actual attendance upon the meetings of the county board or in inspecting the schools and school property of his division in company with the county su- perintendent. §125. — Duty of Division Chairman to Report — It shall be the duty of each division chairman or member of the county board of education to report in writing the exact status of the educational af- fairs of his educational division to the county board for considera- tion at least twice each year, and at such other times as the chair- man of the county board may require. § 126. — Consolidation of Subdistricts — Officers not to be Finan- cially Interested — The county board of any county shall have power to consolidate with reference to the needs of either white or colored children, any two or more contiguous school subdistricts, and in case of such consolidation school houses shall be built or acquired, located at some point convenient to the patrons of such consolidated school subdistricts, and of sufficient capacity to accommodate the pupil population of such consolidated school subdistricts, and such schools shall be called and known as consolidated schools. Teach- ers for such consolidated schools shall be employed in the same manner as teachers for school subdistricts. No trustee nor member of the county board of education nor county school superintendent shall be financially interested, directly or indirectly, in any contract for the purchase of land, the erection or repairs of any school house, the furnishing of supplies or equipment, or the employment of any 54 School Laws of Kentiicliy. teacher; and any of said officers so offending shall be guilty of an indictable misdemeanor and on conviction shall be fined not exceed- ing five hundred dollars, or imprisonment in the county jail not ex- ceeding six months, and shall forfeit his office. § 127. — Repealing Clause — All lav^s and parts of laws, in conflict with this act, are hereby repealed. (Ky. Stat. Sec. 4426a.) CHAPTER X. GRADED COMMON SCHOOLS. § 128. — Election to Establish — Petition for— Limit of Tax- Boundary — New Boundary — It shall be the duty of the county judge in each county of this Commonwealth, upon a written petition signed by at least ten legal voters, who are taxpayers in the justice's district, town or city of the fifth or sixth classes in his county to make an order on his order book, at the next regular term of his court after he receives said petiton, fixing the boundary of any pro- posed graded common school district, as agreed on by the county judge and the petitioners, and directing the sheriff or other officer, whose duty it may be to hold the election, to open a poll in said proposed graded common school district, at the next regular State, town or city election to be held therein, or on any other day fixed by said judge in said order, not in either case earlier than forty days from the date of said order, for the purpose of taking the sense of the legal white voters in said proposed graded common school dis- trict upon the proposition whether or not they will vote an annual tax, in any sum named in said order, not exceeding fifty cents on each one hundred dollars of property assessed in said proposed graded common school district, town or city, belonging to said white voters or corporations, or a poll tax in any sum named in said order, not exceeding one dollar and fifty cents per capita on each white male inhabitant over twenty-one years of age residing in said pro- posed graded common school district, or both an ad valorem and a poll tax, if so stated in the order, for the purpose of maintaining a graded common school in said proposed graded common school dis- trict, and for erecting, purchasing or repairing suitable buildings therefor if necessary. Provided, That the proposition to establish any graded common school district and school, as provided for in School Laws of Kentucky. 55 this section, is approved in writing on the petition to the county judge by a majority of the trustees of any common school district, included wholly or partly within the boundary of said proposed graded common school district, and approved in writing on-saidj)e- tition by the county superintendent of common schools; that no point on the boundary of any proposed graded common school dis- trict be more than two and one-half miles from the site of its pro- posed school house, and that the location and site of said school house in said district are set out with exactness in said petiton to the county judge. If at any time, two years having intervened since such graded common school district was established, it be- comes desirable to change the boundary of the same, it shall be the duty of the county judge, upon a written petition signed by the person or persons desiring to be changed, who are, under this law, legal voters in the school district or districts in which they reside and who at the same time own the real estate sought to be trans- fered, to make an order on his order-book at the next regular term of this court after receiving said petition fixing the new boundary of the said graded or common school district as agreed on by the county judge and the petitioners. Such petition, to be valid, shall set out in full the new boundary of said district, which shall be recorded as in case of the original boundary, and a copy of same shall be furnished the Board of Education of said graded common school district; but no such change shall be made unless said peti- tion be approved in writing by a majority of the Board of Educa- tion of each district concerned, as well as by the county superin- tendent. The provisions of this act, under like conditions and re- strictions, touching change of boundary, shall apply equally to changes in boundary of districts heretofore established by local or special law, which incorporates any city, town or village as one district, as described in Ky. Stat, section 4433. (Ky. St. Sec. 4464 as amended by act of May 26, 1897.) § 129. — Conditions for Establishing a Graded School District Uniting with Schools of Adjacent Counties — Amount Tax Voted — Two and Half Mile Limit — May Change Boundaries — It shall be the duty of the county judge in each county of this Commonwealth, upon written petition signed by at least ten legal voters who are taxpayers in the school districts of his county, and who desire to unite with school districts of an adjacent county, for the purpose of establishing a graded school. tQ n^ake an order on the order book 56 School Laws of Kentucky. at the next regular term of this court after he receives said petition, f'xing the boundary of any proposed graded common school district, as agreed on by the county judges and petitioners of the counties, out of which said school district is to be joined, and directing the sheriflf or other officer of each county, whose duty it may be to hold the election, to open a poll in said proposed graded comrnon school district on some day fixed by said Judges in said order, for the purpose of taking the sense of the legal white voters in said proposed graded common school district upon the proposition whether or not they will vote an an- nual tax, in any sum named in said order, not exceeding fifty cents on each one hundred dollars of property assessed in said proposed graded common school district belonging to said white voters or corporations, or a poll tax in any sum named in said order, not ex- ceeding one dollar and fifty cents per capita on each white male inhabitant over twenty-one years of age residing in said proposed graded common school district, or both an ad valorem and a poll • tax, if so stated in the order, for the purpose of maintaining a graded common school in said proposed graded common school district, and for erecting, purchasing or repairing suitable buildings therefor, if recessary: Provided, The proposition to establish any graded com- mon school district and school as provided for in this section, is ap- proved in writing on the petition to the county judges of each county represented by a majority of the trustees of any common school district, included wholly or partly within that portion of the said proposed graded common school district, which is included in his county, and approved in writing on said petition by the county superintendent of common schools in each county; that no point on the boundary of any proposed graded common school district be more than two and one-half miles from the site of its proposed school house, and that the location and site of said school house in said district are set out with exactness in said petition to the county judges of the counties concerned. If, at any time, two years having intervened since such graded common school district was estab- lished, it becomes desirable to change the boundary of same, it shajl be the duty of the county judges concerned, upon a written petition signed by the person or persons desiring to be changed, who are, under this law, legal voters in the school district or districts in which they reside, and who at the same time own the real estate sought to be transferred, to make an order on their respective order School Laws of Kentuchy. 57 books at the next regular term of their court after receiving said petition fixing the new boundary of the said graded or common school district, as agreed on by the county judges and the petition- ers. Such petition, to be valid, shall set out in full the new boun- dary of said district, which shall be recorded as in case of the orig- inal boundary, and a copy of same shall be furnished the Board of Education of said graded common school district, but no such change shall be made unless said petition be approved in writing by a majority of the Board of Education of each district concerned, as well as by the county superintendent. If it shall appear that a majority of the votes cast at the said election were in favor of said tax, then it shall be the duty of the county judge, representing the largest division of said district, to cause the certificate of the Ex- amining Board, showing the amount of tax voted, and the names of the six trustees elected, to be entered of record in the order book of his court, and to give a copy thereof to the county superintend- ent, who, in connection with the trustees, shall organize a graded common school in said district in accordance with the provisions of this law. The district so established shall belong to the county in which the largest division lies, and all laws now in force for the governing of graded common schools, and not in conflict with the above shall apply to graded common school districts established under this act. (Ky. Stat. Sec. 4464a.) § 130.— Duty of County Clerk— It shall be the duty of the county clerk to give to said sheriff or other officer a certified copy of the order of the judge of the county court, as it appears in his order book, within ten days after said order is made. (Ky. Stat. Sec. 4465.) § 131. — Duty of Sheriff or Other Officer who may Hold Election — It shall be the duty of said sheriff or other officer to have the order of the county judge published in some weekly or daily news- paper published in the county for at least twenty days before the election, and also to advertise the same by printed or written hand- bills, posted at five conspicuous places in said proposed graded com- mon school district for the same length of time ; but if there be no daily or weekly newspaper published in the county, the printed or written handbills, posted as before provided, shall be sufficient notice. The said sheriff or other officer shall have the advertise- ment inserted, and notices herein provided for posted, within ten 58 School Laws of Kentucky. days after he receives the order of the county judge and at least tAventy days before the election. (Ky. Stat. Sec. 4466.) § 132. — Manner and Object of the Election — The said sheriff or other officer shall appoint a judge and a clerk of the said election, who shall take and subscribe to an oath for the faithful performance of his duties. On the day set apart for the election, the officers shall open a poll, and shall propound to each voter who may vote the question, "Are you for or against the graded common school tax?" and his vote shall be recorded for or against the same as he may direct. (Ky. Stat. Sec. 4467.) § 133. — If Tax Voted, Duty of County Judge, County Superin- tendent and Trustees — If it shall appear that a majority of the votes cast at the said election were in favor of said tax then it shall be the duty of the county judge to cause the certificate of the examin- ing board showing the amount of tax voted, and the names of the five trustees elected, to be entered of record in the order-book of his court, and to give a copy thereof to the county superintendent, who, in connection with the trustees, shall organize a graded common school in said district in accordance with the provisions of this law. (Ky. Stat. Sec. 4468.) § 134. — Board of Trustees — The graded common school dis- tricts, when organized as aforesaid, are hereby incorporated, and each of them shall be under the management and control of a board of five trustees. The first board to be elected at the same time and place, and by the same persons who vote at the election for the tax, as provided in sections 129 and 132. (Ky. Stat. Sec. 4464 and 4467) of this law; and the five persons receiving the highest number of votes cast shall be declared elected trustees. (Ky. Stat. Sec. 4469. As amended by Chap. 37, Acts of 1904.) § 135. — Style, Province and Power Board of Trustees — ^The per- sons so elected shall be named and styled "The Board of Trustees of the Graded Common School District," and in that name may sue and be sued, contract and be contracted with, and as a natural person may acquire, hold, dispose of and convey, by purchase, gift, devise or otherwise, any real or personal estate, goods and chattels, necessary and convenient for the uses and pur- poses of such graded common school ; and the title to all such prop- erty shall vest in said board of trustees and their successors in office, to be held sacred for the use and benefit of said graded common School Laivs of Kentucky. 59 school district. (Ky. Stat. Sec. 4470.) § 136. — Classification of Trustees — Regular Election of — Va- cancy, How Filled — Hereafter the board of trustees of a graded common school shall consist of five members : Provided, That the present members of any board may serve until the expiration of their respective terms. At the next regular election of trustees, and thereafter every third year, there shall be elected but one member of said board except that vacancies occurring in said board may be filled at any regular election for trustees. (Ky. Stat. Sec. 4469a.) § 137. — Official Oath Required of Trustees — Said trustees, be- fore entering upon the discharge of their duties, shall each take an oath faithfully to perform the duties required of them under this law. (Ky. Stat. Sec. 4472.) § 138. — By-Laws and Rules — Journals and Proceedings — Said trustees may adopt such by-laws and rules for the government of themselves and their appointees and for the control, government and management of graded common schools in their respective dis- tricts, as they may deem necessary, not in conflict with law, and shall keep a journal of their proceedings, which shall be open at all times to the inspection of any citizen of the graded common school district in which he or she may reside. (Ky. Stat. Sec. 4473.) § 139. — Appointment and Qualification of Teachers — Course of Study — Said trustees shall appoint and employ a principal and all teachers, and fix their compensation, and may suspend or dismiss them, or any other person appointed or employed by them; may prescribe the branches (other than those required by law to be taught in the common schools) which may be taught in said graded common schools, and prescribe the necessary qualifications, and the mode of examination of applicants for positions as superintendent, principals, or teachers in said graded common schools ; but no per- son shall be appointed or employed as superintendent, principal or teacher in any graded common school organized under the provis- ions of this law who is not a person of good moral character, and who has not a county certificate, as required by the common school law of Kentucky. Each teacher in a graded common school, except in cities of the first, second, third and fourth classes, shall be re- quired to keep a register as prescribed for teachers of other common schools, which register shall be left with the president of the board of trustees, who shall be responsible for it, and return it to the 60 School Laws of Kentucky. teacher at the opening of the next school term. From the registers in the hands of the several teachers in the graded common school, and the record kept by the board of trustees, the principal teacher and the president of the board of trustees shall, within ten days after the close of the school, make a report to the county superintendent, being provided with blanks therefor by the superintendent. (Ky. Stat. Sec. 4474.) § 140. — Secretary of City School Board Must Report — It shall be the duty of each secretary of the board of trustees of schools, maintained wholly or in part by the State, in cities of the first, second, third and fourth classes, to report annually, on or before the first of September, to the Superintendent of Public Instruction, such facts as will enable him, in his reports to the General Assembly, to give the important school statistics of such cities in connection with those of the county in which they are situated. The secretary shall be supplied by the Superintendent of Public Instruction with blanks therefor. (Ky. Stat. Sec. 4475.) § 141. — President and Secretary of Board — The said trustees shall elect one of their number president, who shall preside at their meetings, and perform such other duties as may be required of him, and they may elect a secretary and prescribe his duties. The pres- ident and secretary, or either of them, shall make such reports to the county superintendent as are required of common school trus- tees, and shall publish annually such information as will show the financial condition of the graded common school district, and such other facts as they may deem beneficial to the cause of education in their respective districts. (Ky. Stat. Sec. 4476.) § 142.— Free Tuition to Resident White Pupil Children— All white children within the common school age residing in any graded common school district shall have the right of free admission to the graded common school thereof. (Ky. Stat. Sec. 4477.) § 143. — Terms of Admission of Other Pupils — The trustees may admit into said graded common school children who do not reside within the said district, or persons over the common school age, on such terms and conditions, and upon the payment of such tuition and other fees as they may deem proper. (Ky. Stat. Sec. 4478.) § 144. — Treasurer, His Duties and Responsibilities — The said board of trustees shall appoint a treasurer for said graded common school district, who, before entering upon the duties of his office School Laws of Kentucky, 61 shall, in the county court, execute bond, with sureties approved by the court, pa3^able to the Commonwealth of Kentucky, for the use and benefit of the trustees of said graded common school district, conditioned for the faithful performance of his duties under this ar- ticle. All funds arising from the sale of bonds under this law, and all funds collected for the purpose of defraying the annual expenses of said schools, and for the payment of the principa^l and interest of said bonds, or for any other purposes, shall go into the hands of said treasurer, who shall, together with his sureties, be responsible therefor. Said treasurer shall pay out said funds only for the pur- poses for which they were respectively collected, upon the written order of the president and secretary of said board of trustees. The board of trustees shall pay its treasurer such sum for his services as shall be reasonable and just. (Ky. Stat. Sec. 4479.) § 145. — Payment of Pro Rata of the State and the County Funds — The county sueprintendent of common schools shall, an- ually, pay to the treasurer of any graded common school district that may be organized and operating in his county, in conformity with this article, the pro rata portion of the State and county fund due the said district, according to the number of pupil children therein, as soon as the same shall come into his hands ; or, if desired by the trustees, he may pay in January the full amount due said district. (Ky. Stat. Sec. 4480.) § 146. — Provisions of Grounds and Buildings — Issuance of onds — Sinking Fund — Said board of trustees shall provide funds or purchasing suitable grounds and buildings, or for erecting or re- airing suitable buildings, and for other expenses needful in con- ucting a good graded common school in their graded common chool district; and to this end they may use such part of the pro- eeds of the said tax as they deem necessary, and it shall be the duty 1 said board of trustees, and if, in their opinion, it be necessary, nd they are hereby authorized and empowered to order an election and submit to the voters of their respective graded common school districts the question whether or not the trustees thereof shall issue bonds of their respective graded common school districts, in any amount not exceeding the limit provided by section (157) one hun- Idred and fifty-seven and (158) one hundred and fifty-eight of the present Constitution of this State, for the purpose of providing suit- kh\e grounds, school buildings, furniture and apparatus for their I _.. _.__.,. _ ....^.. „_,, _..__ 62 School Laws of Kentucky. respective graded common school districts : Provided, That due notice of said election shall be given by the trustees of their respect- ive districts, by written or printed posters not less than one foot square, signed by the trustees of their respective districts, stating the time, place and hours of said election, posted at no less than six pubHc, conspicuous places in the district for ten days previous to the day of the election, and by one insertion thereof'in the news- paper, if any, published in said district. The board shall appoint two judges, a clerk and a sheriff to hold said election, who shall be first duly sworn before acting, and shall be housekeepers and tax- payers, resident in the district for which they are appointed, and one of the judges shall ask of each voter: "Are you in favor of the issue of bonds by the trustees of the graded common schools of this district, for the purpose of providing suitable grounds, school build- ings, furniture and apparatus for this district?" and the clerk shall record the answer, "Yes" or "No," as given by the voter. If two- thirds of the voters voting at said election vote in favor of the issue of the bonds, then the trustees of such graded common school dis- trict may issue the bonds of said district for an amount not exceed- ing the constitutional limit and in conformity with the Constitution of this State. And, for the purpose of meeting the interest on such bonds and creating a sinking fund for the payment of the principal thereof, and the boards of trustees of their respective districts, where the issue of such bond is voted, are authorized and empow- ered to levy annually a tax in addition to that already voted, which shall not increase the tax rate for school purposes in their respective districts to more than seventy-five cents on each $100 worth of tax- able property within the district. The said bonds may be of any denomination, in even hundreds, not exceeding $1,000 each, running, not exceeding thirty years, and bearing interest at a rate not ex- ceeding six per cent, per annum, payable annually or semi-annually, as expressed in said bonds, payable to bearer, with interest coupons attached. They shall be signed by the president of said board of trustees and attested by the secretary thereof, shall pass by deliv- ery, and shall be redeemable at the option of said board. Said bonds shall be sold by the trustees, or their authorized agent, for the highest price obtainable, but not for less than their face par value and accrued interest, and the proceeds paid over to the treasurer and School Laws of Kentucky. 63 applied to the uses and purposes contemplated in this law. (Ky. Stat. Sec. 4481.) § 147. — Provisions of Section 4481 Applied to all Districts — All the rights and powers as to issuing bonds and levying of taxes-to_ pay the principal and interest of same mentioned in section 126 as amended by the act of the General Assembly, approved March twelfth, one thousand eight hundred and ninety-six. Acts 1896, chapter 4, and for the purpose therein mentioned, are hereby applied to and conferred upon all graded common schools, maintained by any city of the fifth or sixth class, or any town or school district organized by virtue of a special act of the General Assembly. The election to take the sense of the voters as to issuing of said bonds and levying said taxes to be held by the board of trustees as pro- vided in said act of one thousand eight hundred and ninety-six. (This section is an act of March 21, 1902.) (Ky. Stat. Sec. 4481a.) § 148. — Levy of Annual Property Tax and Capitation Tax — Provisions for Sinking Fund — The board of trustees of any graded common school district where the tax has been voted shall cause to be levied and collected an annual ad valorem tax, in any sum not exceeding the amount voted for in said district under the provisions of this law, upon each one hundred dollars worth of property of every kind and character, having value and owned by any white person, company or corporation, subject to taxation within the limits of said graded common school district; or shall cause to be levied annually a poll tax in any sum not exceeding the amount voted in said district under this law, on each white male citizen residing within the limits of any graded common school district, over twenty-one years of age, or both an ad valorem and a poll tax, i'' so voted at the said election: Provided, No levy shall be made under the provisions of this law later than the close of the fiscal year in which the last county assessment shall have been made. The board of trustees shall, out of collections under each levy, by order, set apart out of the collection of each levy a sufficient amount to pay interest for the year on any bond issued, and the treasurer shall pay same; and, in addition, shall, out of the several levies, until entire payment of such bonds, set aside a sufficient amount as a sinking fund, when aggregated, to meet the principal of the bonds at maturity, which sinking fund shall be kept loaned, with ample security, or profitably invested, and shall be used for no 64 School Laws of Kentucky, other purpose than the payment of principal of such bonds. But if the board so order, the sinking fund, or any part thereof, may be used in the purchase of such bonds before maturity, except a suffi- ciency to pay interest on the outstanding bonds. (Ky. Stat. Sec. 4482.) § 149. — Assessment, Collection, etc., Governed by Section 4443, Ky. Statute — The assessment of property, the collection of taxes, powers and duties of trustees and other officers in graded common school districts, shall be governed by section 4443. (Ky. Stat. Sec. 4483.) § 150. — Title to all Common School Property Vested in — Board of Trustees — The title to all common school and all county sem- inary property in the limits of any graded common school district, organized under the provisions of this law, shall be, and the same is hereby, vested in the board of trustees of said graded common school district, and they are hereby authorized and empowered to sell and convey the same, or to use the same for graded comm^on school purposes, as to them shall seem best; but when county seminary property shall be appropriated, all pupils of the county shall be permitted to attend such school at such reduced tuition from what is ordinary as shall be equitable, and make good to them their interest in said seminary property. It is further provided that when any graded school district shall embrace any school property owned or. held in trust by trustees, said trustees, by a majority vote of their board, are hereby authorized and empowered to convey their school property to the trustees of the graded school at such price and on such conditions as may be agreed upon by the trustees of both parties. (Ky. Stat. Sec. 4484.) § 151. — When Trustees Appoint Officers of Election — Their Duties — After the first election provided for in this law, shall have been held, the tax voted, trustees elected, and the graded common school organized, the board of trustees shall appoint the officers to hold all other elections, which officers shall take an oath to be under the same responsibilities and subject to the same penalties as the officers holding State or county elections, only they shall make returns of poll-books, and certify the result of the elections to the board of trustees, who shall examine and compare the same, and issue certificates to the persons found to be elected. (Ky. Stat. Sec. 4485.) School Laws of Kentucky. 65 § 152. — Proposition Failing, a Vote may be had again in Two Years — If it be found that a majority of the votes cast upon the said proposition in the election provided for in section 128, (4464 Ky. Stat.) to be cast against said tax, then the said tax shall not be levied or collected. But the question of voting the said tax may, after the expiration of two years from the first or any subsequent vote, be again submitted to the legal voters of said district upon the conditions and in the manner prescribed for the first vote. (Ky. Stat. Sec. 4486.) § 153. — Colored Graded Free Schools — The provisions of this law shall apply to such graded common school districts as may be applied for and organized by the colored people of this Common- wealth, and such districts and graded schools may be organized by them, in all cases, the same as the white districts herein provided for are organized. In that case the word "colored" is to be sub- stituted for the word "white" whenever it has occurred heretofore in this law. No white person shall vote at any election held by the colored people under the provisions of this law ; nor shall the prop- erty of any white person be taxed to maintain any graded common school for colored children ; nor shall the property of a colored per- son be taxed for the benefit of any graded common school for white children; nor shall any white child attend any graded common school for colored children organized under the provisions of this law; nor shall any colored child attend any graded common school for white children. (Ky. Stat. Sec. 4487.) § 154. — Fifth and Sixth Class Cities, or School Organized by Special Act, May Accept Provisions, etc. — The provisions of this article shall not affect or in any way interfere with any graded common school or schools maintained by any city of the fifty or sixth class, or any town or school district organized by virtue of a special act of the General Assembly, unless the said city, town or district shall, by a majority vote, endorsed by the recorded action of the board of trustees, accept the provisions of this article for the government of the said school or schools in any election held under the written order of the county judge, or the mayor of said city, in the manner and under the restrictions of sections 128, 129, and 130, in which election nothing but the matter of such acceptance shall be determined; and the only question propounded to each voter shall be: "Are you in favor of accepting the provisions of the general 66 School Laws of Kentucky, graded common school law?" In the event of such majority vote in favor of accepting the said provisions, and an endorsement by the board of trustees, the graded common school or schools of the said city, town or district, shall thereafter be governed by and subject to all the preceding provisions for graded common schools. (Ky. Stat. Sec. 4488.) ^ 155. — First, Second, Third and Fourth Class Cities — Provis- ions — The provisions of this article shall not affect, or in any way interfere with, any system of graded common schools established and maintained by any city of the first, second, third or fourth class, by virtue of a general or special act of the General Assembly. Any city of the first, second, third or fourth class may accept the provis- ions of this law, and establish graded common schools, subject to all the provisions thereof, except as especially hereinafter provided in this section, by a majority vote, indorsed by the recorded action of the board of trustees, at an election held in the manner prescribed in section 128. In the event of a majority vote in favor of accepting the said provisions, and an indorsement by the board of trustees, the following provisions shall apply to the graded common schools of such city of the first, second, third or fourth class instead of the corresponding provisions in the preceding section of this article : (1.) An order for the holding of an election, as first provided in section 128, may be made by the mayor, and the said mayor shall, in such case, perform all the duties required of the county judge in carrying into effect the provisions of the law; the number of peti- tioners shall be one hundred instead of ten; the election shall be held by the officer whose duty it is to hold other city elections; the approval of the county superintendent shall not be required in the petition; and the location and site of any proposed school house shall not be required to be set out in the said petition. (2.) The maximum limit for the cost of any school building shall be one hundred thousand dollars ($100,000), instead of fifteen thousand dollars ($15,000). (3.) The number, name and style of the board of trustees shall be determined by themselves instead of the number limited to five; but the number of trustees in no case shall exceed one more than the number of wards in the city. (4.) The length of the term, the order of retirement, the date of election of trustees, may be fixed by the charter of said city, but the term of office shall in no case exceed four years. (5.) Principals and teachers shall School Laws of Kentucky. 67 not be required to hold county certificates. (6.) The president of the board of trustees may be elected from the city-at-large, if the said board shall so determine. (7.) The Superintendent of Public Instruction shall pay directly to the treasurer of the city graded common schools the pro rata portion of school funds due said city from the State. (8.) The aggregate amount of the outstanding bonds issued by the board of trustees shall not, at any given time, exceed 2 per cent, of the taxable property of the city, instead of the bonds so issued being limited in amount to fifteen thousand dollars ($15,000). (9.) The assessment of property made by the city as- sessor, and equalized according to law, shall be made the basis for collection of city taxes for school purposes of every kind, and the said taxes shall be collected by the city collector at the time of col- lecting other city taxes, and he shall be responsible on his official bond for the same, f Ky. Stat. Sec. 4489.) § 156.— Tax to Complete Buildings and Pay Old Debt— The board of trustees of graded schools maintained by taxation, and designed for the education of children residing within certain boun- daries, may, in case where the tax now imposed in such districts is not sufficient to pay for the school buildings which have hereto- fore been completed but not paid for, issue bonds of such districts for an amount equal to the sum due for completing the school build- ings, and impose annually a tax of not exceeding twenty-five cents on each $100 worth of property in the district, in addition to the tax now imposed in such districts, to pay the bonds so issued and the interest thereon ; and the foregoing provisions shall apply as well to like schools under the authority and management of a board of education or other authority of a district, town or city; and in cases where bonds were issued prior to the adoption of the present Constitution, by authority of special laws, and have matured with- out being paid, the board of trustees, board of education or other authority of a town, city or district, may issue the bonds of the dis- trict, town or city to an amount equal to the sum still due and unpaid, under the conditions and restrictions herein imposed. (Ky. Stat., Sec. 4490.) § 157. — Interest on Bonds Limited — The bonds so issued shall bear not exceeding six per cent, interest per annum, and shall be issued by a majority of the trustees, and in such manner as they may deem best, and shall be payable at such times and at such 68 School Laivs of Kentucky. places and in such amounts as they may determine; and the tax to pay the bonds and interest shall be imposed by an order signed by a majority of the trustees, specifying the annual tax to be imposed. (Ky. Stat., Sec. 4491.) § 158. — Assessment and Collection Governed by Sec. 4443 Ky. Statute — The tax imposed shall be paid on the assessed -value of the property in the district as ascertained by the assessment made for State and county purposes next preceding the collection of the tax, and shall be collected in the same manner as is provided for the col- lection of district taxes by section 4443, Kentucky Statutes, and the same penalties shall be added for failure to pay the same; and the same compensation shall be paid for its collection as is paid for col- lecting State revenue. (Ky. Stat., Sec. 4492.) § 159. — Tax to Pay Bonds and Interest — When Levied — The board of trustees shall annually, on the second Monday in May, impose the tax, and when paid the treasurer of the board shall at once apply the same to the payment of the bonds and interest as re- quired by the board. When the bonds and interest are paid the tax shall not be levied or collected, nor shall the trustees, or any of them, receive any compensation for their services under this law. (Ky. Stat., Sec. 4493.) § 160. — Who to Sign Bonds — Settlement of Accounts^— The bonds herein provided for shall be signed by the chairman of the board of trustees of the graded school and countersigned by the secretary. The collecting officer and the treasurer of the board of trustees shall settle their accounts with the board on or before the first Monday in January each year, and the board may require them to state their accounts as often as once every three months. (Ky. Stat., Sec. 4494.) § 161. — Limits May be Extended — Disposition of Property in Annexed Territory — When Change to Take Effect — Power of Trus- tees — Any graded common school district organized and existing under any special act of the Legislature, and any such district that has been or may be hereafter organized under the general laws of this State, may, by and with the written consent of a majority of the legal voters in the territory to be added, extend the limits of such district so as to include such additional territory as the Board of Education or trustees of such district, may desire to take within the limits and add to such district. (Acts of 1906.) Whenever any School Laws of Kentucky. 69 additional territory shall be added to any graded common school district as provided by section 161 of this act, the school superin- tendent of the county shall make such changes in the common school district or districts affected thereby as he may deem proper to accommodate the pupils of such common school districts. If the territory added to any graded common school district as provided by this act, shall include any common school house and grounds, the title thereto shall vest in the Board of Education, or trustees of such graded common school district, who shall have the right to either utilize the same for school purposes, or sell and convey same at such price as they may determine, and use the proceeds for school purposes in said district : Provided, however, If the taking of such school house and grounds into such graded common school district shall necessitate the building of another house for any common school district affected by taking the same, the graded common school district taking such property shall pay to the common school district in which such new house is to be built the proportion of the value of the house and grounds taken, as the pupils left in the common school district affected bear to the whole number of pupils in such district at the time such change is made. When- ever a change shall be made in the boundary of any graded common school district as provided by this act, the Board of Educa- tion or trustees of such district shall have the right to fix a date after such change shall have been determined upon when such change shall take effect, and until that time the government of the schools affected thereby shall remain the same as before, and in the meantime such boards of education or trustees and the county school superintendent shall have the right to make all necessary provision for the accommodation of the pupils who will be affected by such change at the time it takes effect. (Acts of 1906.) (Ky. Stat., Sec. 4464b.) CHAPTER XI. TEACHER'S INSTITUTE. § 162. — Organization — Object — Time — Programme and Sylla- bus — Penalty — It shall be the duty of each county superintendent to organize, and cause to be held annually, a teacher's institute for the normal instruction, improvement and better qualification of the 70 School Laws of Kentucky. teachers in his county. The institute shall occupy not less than five nor more than ten days, and shall be held between the first day of July and the first day of November. The Superintendent of Public Instruction and the two professional members of the State Board of Examiners shall constitute a committee on programme to pre- pare and place in the hands of each county superintendent, not later than June first of each year, a programme of the woik of the in- stitute, and a syllabus of each subject of instruction. The pro- gramme and syllabus shall be furnished each member of the insti- tute, and shall be faithfully and efficiently carried out. Any county superintendent, who shall wilfully fail or neglect to hold the annual institute as prescribed in this article, shall be fined fifty dollars. (Ky. Stat., Sec. 4507.) § 163. — One or more Able and Experienced Conductors to be Employed — Each county superintendent of the State may employ one or more able and experienced institute instructors to direct each institute held by him, and to instruct the teachers thereof. (Ky. Stat., Sec. 4508.) § 164. — Convention of Institute Conductors — Object of — Be- ginning in 1894, the Superintendent of Public Instruction may, an- nually, call all the professional institute workers of the State into institute convention at the State Capitol, during* the month of May, for the purpose of better organization and more eflfective manage- ment of institute work. At the said institute convention, the whole subject of institute work shall be thoroughly discussed and the best plans for prosecuting it throughout the State shall be adopted and used in all counties. The said institute convention may suggest to the committee on programme principles, subjects and methods for incorporation in the programme syllabus. (Ky. Stat., Sec. 4509.) <^ 165. — Who must Attend Institute — Penalty for Non- Attend- ance, etc. — Sickness and Disability — Every teacher of a common school, including teachers of the graded common schools in cities of the fifth and sixth classes, who hold a State diploma. State certi- ficate or county certificate, or who contemplate applying for a cer- tificate of qualification to teach in the common schools, shall attend the full session of the institute in his home county, unless he is teaching in another county in which the institute is yet to be held, or has attended the institute of a county in which he has a contract to teach. If teaching in a county other than his home county, whose School Laws of Kentucky. 71 institute is yet to be held, he must attend the full session of the latter. The county superintendent shall revoke the certificate of any teacher who shall fail or neglect to attend the full session of the institute, unless the superintendent shall be fully satisfied that such failure has been caused by actual sickness or other disability. After the county institute has been held, it shall be unlawful to grant any person a certificate to teach at any time during that school year, unless the said person shall have attended the full session of the in- stitute of that or some other county during that school year, or un- less the county superintendent shall be fully satisfied that the fail- ure to attend the institute has been caused by sickness or other dis- ability. During the institute, there shall be a suspension of all the schools as are in session, but no reduction of the teachers' salary shall be made on account of such suspension. The time of actual attendance upon the institute in days and parts of days, shall be ac- credited to the teachers, if institute be held during the session of his school. At the close of the institute, the county superintendent shall give to each teacher or other person in attendance a certificate of the number of days and parts of days that the teacher or other person has attended, which certificate of attendance shall be filed by the teacher with the chairman of the division board of education of the district, who shall make report thereof to the county super- intendent at the time of reporting the school." (Ky. Stat., Sec. 4510 as amended Chap. 35, Acts 1906.) § 1 66. — ^Joint Institutes — Two Conductors to be Engaged — Rec- ord — Any adjoining counties, not exceeding four in number, may combine and hold a joint institute : Provided, The county super- intendents of all the counties concerned shall agree upon the plans necessary to the purpose ; that each of them shall attend the full ses- sion of the said joint institute, and keep the record provided in sec- tion one hundred and sixty-seven, and that at least two able and ex- perienced instructors are employed, if more than two counties are combined. (Ky. Stat., Sec. 4511.) § 167. — Duties of County Superintendent — Fees — The county superintendent shall be present during the entire session of the in- stitute; shall have the roll called every morning and afternoon; shall keep a strict daily register of the presence, absence and tardi- ness of the teachers and other members, and of the exercises of the institute, and after the close thereof, shall have the proceedings 72 School Laws of Kentucky, printed in one or more newspapers. He may collect two dollars, but in no case shall he collect less than one dollar from each teacher or other person in attendance on the institute, except honorary- members, and twenty-five cents of the sum so collected from each person shall be paid into the county library fund. From the fees collected from the teachers and other persons in attendance the county superintendent shall pay all necessary expenses of the in- stitute. The proceedings shall be published in such local papers as will do this without charge, and one copy shall be forwarded to the office of Superintendent of Public Instruction. Any residue, after the payment of institute expenses shall also be paid into the county library fund. In case of a joint institute, any surplus fund shall be pro rated among the counties concerned. (Ky. Stat., Sec. 4512.) § 168. — Selection of Proper Place for Institute — Notices of — In selecting a proper place for holding the teachers' institute, the coun- ty superintendent shall decide with reference to the convenience and accommodation of the place, and shall endeavor to make such arrangements as he best can for economizing and reducing the ex- penses of teachers while in attendance. He shall, twenty days before the institute begins, notify by mail the trustees of his county of the time and place of holding it; and it shall be the duty of each trustee to notify promptly every teacher in his school subdistrict. The county superintendent shall likewise direct the trustee of each subdistrict to post notices thereof. (Ky. Stat., Sec. 4513.) § 169. — Normal Instructors to be Recommended — The Superin- tendent of Public Instruction may, when requested by a county su- perintendent, recommend able and experienced normal instructors to conduct the teachers' institute whose pay shall be derived from and paid by the county superintendent out of the funds raised from the teachers and other members of the institute. (Ky. Stat., Sec. 4514.) § 170. — Subject of Instruction — At each session of the institute, every subject embraced in the common school course shall be brought before the institute, illustrated and described, and every feature of school organization and school management, together with the whole work of the teacher, shall be considered, and the common school laws of the State read and expounded. (Ky. Stat., Sec. 4515.) School Laws of Kentucky. 73 § 171. — County Teachers' Association — During the session of the institute there shall be held a county teachers' association and one hour in the afternoon or night meeting shall be daily set apart for this purpose. The association may be composed of all the officers and teachers of common schools present, and shall be called together by the county superintendent, who shall be ex officio pres- ident. The object of such association shall be, primarily, to discuss and devise the best ways and means of promoting the interest of education, the improvement of teachers, and the methods of teach- ing and especially to devise means for securing better school houses, better attendance, and local aid for common schools. The said asso- ciation shall be a permanent organization, with one vice-president for each magisterial district to be elected or appointed ; and shall hold at least one meeting in each magisterial district, besides the meeting at the institute during the first six months of each school year. Every teacher shall attend at least the meeting held in the magisterial district in which he shall teach, and upon failure to do so, shall teach an additional day during the school month following such failure, unless he shall satisfy the county superintendent that such failure was caused by sickness or other actual inability. The county superintendent shall attend each meeting of the association, and shall prepare or have prepared a programme of the exercises therefor. (Ky. Stat., Sec. 4516.) § 172. — Report of County Superintendent — The county super- intendent shall, at the time of making his annual report to the su- perintendent, also report the time and place of holding the teachers' institute, the name of the person or persons conducting the same, the number of persons registered as in attendance, the sum collected by a fee from each person in attendance, the number of teachers of common schools in the county who did not attend the institute and teachers' association ; and such other facts as he may deem of value and interest. (Ky. Stat., Sec. 4517.) CHAPTER XII. COUNTY AND DISTRICT LIBRARY. § 173. — County Library — By whom kept — Funds — How Pro- vided — There shall be a county teachers' library in each county of the Commonwealth to be kept under the care and in the office of the 74 School Laivs of Kentuclxy. county superintendent, for the exclusive use and benefit of the teachers of the county. The sums collected for the purpose at each annual institute, and all sums added thereto by donation, shall con- stitute the county library fund, which shall be kept and accounted ior by the county superintendent. (Ky. Stat. Sec. 4518.) § 174. — Library Committee — By whom Composed-»-Duties — The county superintendent, as chairman, and two persons annually elected by the county institute, shall constitute a library committee, for the selection and purchase of books, periodicals and furniture, and for the adoption of rules for the management of the library un- der the regulations of the State Board of Education. The Superin- tendent of Public Instruction shall supply each of these libraries with a bound copy of each edition of the school law, of his biennial reports, and other publications of his department. The library com- mittee shall keep a permanent record of its acts and accounts open at all times for the inspection of the teachers; and, through its chairman, shall annually report to the county institute an itemized statement of all sums received and expended; the number, names and cost of books and other articles purchased; all donations of books and periodicals, with the names of the donors ; the number of books belonging to the library; the number in the library; the num- ber in loan, and such other facts as may be required; and, in his annual report to the Superintendent of Public Instruction, the coun- ty superintendent shall state the sums received, the sums expended, the number of volumes in the library, and the increase during the year. (Ky. Stat. Sec. 4519.) § 175. — Organization and Management of District Library — When, by contribution, purchase or otherwise forty volumes can be collected for such purpose, the subdistrict trustees may organize a district library in connection with the school of the subdistrict, which shall be for the use of the subdistrict in which the same is located. They may make such suitable arrangements for keeping the books and periodicals of the said library as may be necessary, and may appoint a suitable person to take charge of the same, and to manage it according to such rules as they may prescribe, subject to the regulations prescribed by the county board of examiners. (Ky. Stat. Sec. 4520.) § 176. — Trustees to have Control of District Library — Regula- tions — The trustees shall have the same control over the library as School Laws of Kentucky. 75 over the other school property; may receive donations of books, maps, charts and other works of interest. But no books of a sec- tarian, infidel or immoral character shall be placed in the library; and any such books found therein shall be removed by order of the trustees or of the county superintendent. The library shall be free to all pupils of suitable age belonging to the schools of the subdis- trict, but any resident of the subdistrict may become entitled to the privileges upon the payment of such sum of money for membership as the trustees may prescribe. (Ky. Stat. Sec. 4521.) CHAPTER XIII. ENFORCED ATTENDANCE § 177. — Parents and Custodians of Children to send them to School — Exceptions — Penalty For Violation of Law — Trus- tees to See that Law is Observed — Penalty — Penalty For Making False Statement — Jurisdiction to Recover Fines — — Complainant, When to Pay Costs — Law Applies to Col- ored Children — Every parent, guardian or other person in the State of Kentucky, having the control of any child or children between the ages of (7) seven and (14) fourteen years, shall be re- quired to send such child or children, annually, at least (8) eight weeks of which attendance shall be consecutive, to some public or private day or night school for children : Provided, however, That this act shall not apply in any case where the child has been or is being taught at home in such branches as are taught in public schools for a like period of time and subject to the same examina- tions as other pupils of the district or city in which the child re- sides, or whose physical or mental condition renders his or her at- tendance impracticable, or who is excused by the trustees of the public school district or the board of education of the city in which the parent, guardian or person having control resides, upon its be- ing shown to their satisfaction that the parent, guardian or person having control was not able, by reason of poverty, to clothe such child properly, or that he or she has already acquired the ordinary branches required by laAv, or that there is no white school, in the case of white children, or colored school, in the case of colored children, taught within two (2) miles by the nearest traveled road. 76 School Laws of Kentucky. Any parent, guardian or other person failing to comply with the provisions of this act shall forfeit to the use of the schools in the city, town, or common school district in which such child resides, a sum not less than five ($5.00) nor more than twenty dollars ($20.00) for the first offense, nor less than ten ($10.00) nor more than fifty ($50.00) dollars for the second and every subsequent offense, and cost of suit. It shall be the duty of any school trustee or president of the Board of Education to inquire into all causes of complaint and neglect of duty prescribed in this act and he shall notify in writing the parent, guardian, or other person so offending that such complaint has been made, and if the cause be not shown within (5) five days, to at once proceed against the responsible persons as is hereby provided; and any school trustee or president of the Board of Education neglecting to undertake such prosecution in good faith for such offense, within ten (10) days after a written notice has been served on him by any tax-payer in said district or city, unless the person so complained of shall be excused by the district or city board, or Board of Education, for the reasons hereinbefore stated, shall forfeit to the public schools in the city, town or common school district in which said trustee or president of the board of education resides, a sum not less than ten ($10) nor more than fifty ($50) dollars. Any person having control of a child, who, with intent to evade the provisions of this act, shall make a wilfully false state- ment concerning the age of such child, or the time such child has attended school, shall forfeit for each offense a sum not less than five ($5) nor more than twenty ($20) dollars, for the use of public schools for such city, town or district. Any fine or penalty men- tioned in this act may be sued for, and recovered before any court of record or justice of the peace of the proper county, in the name of the Commonwealth of Kentucky, for the use of the public schools of the city, town or district in which said child resides. That upon the trial of any offense as charged herein if upon such trial it shall be determined that such prosecution was malicious, then the cost in such case shall be adjudged against the complainant, and col- lected as fines in other cases. The conditions and provisions of this act shall apply to any parent, guardian or person having control of any colored child or children, in like manner, but no white child shall be permitted to attend or become a pupil in any school for colored children, and no colored child shall be permitted to attend School Laws of Kentucky. 77 or become a pupil in any school for white children. (Ky. Stat. Sec. 4521a.) CHAPTER XIV. COMPULSORY ATTENDANCE AND TRUANCY LAW IN CITIES OF THE FIRST, SECOND, THIRD AND FOURTH CLASSES. (ACT 1910) § 178. — Children between the Ages of 7 and 16 to be Enrolled in School — Exceptions — That every parent, guardian or other per- son in any city of the first, second, third or fourth class, having the custody, control or supervision of any child, or children, between the ages of seven and sixteen years inclusive, shall cause such child to be enrolled in and to attend some public or private day or paro- chial school regularly each school year for a full term or period of said school provided that such private or parochial school term shall not be for a shorter period during each year than the term of the public schools in the city of the child's residence. Provided, further, that this act shall not apply in any case where the child has been, or is being taught at home in such branches as are taught in the public schools for a like period of time and subject to the same ex- aminations as other pupils of the city in which the child resides ; and for the purpose of ascertaining whether or not any child is embraced within this exemption the court may order such child to submit to an examination to be given by the city superintendent of schools. Provided, further, that this section shall not apply to any child who is excused by the Board of Education or school board of the city in which the parent, guardian or person having the custody, control or supervision of such child or children reside, upon it being shown to the satisfaction of the superintendent or chief executive officer of schools upon certificate of the Health Officer, which certificate shall be filed in the office of the superintendent of schools, that such child is not in proper physical or mental condition to attend school. Provided, further, that the provisions of this act shall not apply to any child between fourteen and sixteen years of age for whom an employment certificate may have been issued in accord- ance with the provisions of the child labor law. § 179.— Penalty for Failure to Comply With Act — Any parent, guardian or other person having the custody, control or supervision 78 ' School Laws of Kentucky. of any child embraced within the provisions of this act, who shall fail to comply with the provisions of this act, shall be deemed guilty of misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding twenty-five ($25) dollars for the first offense, and for any subsequent offense, upon conviction thereof, shall be fined in any sum not exceeding one hundred ($100) dollars, or by imprisonment in the county jail for any period not exoeeding fifty days, or both so fined and imprisoned, in the discretion of the court. § 180. — Evasion by False Statement — Penalty — Defense — Any parent, guardian, or other person having the custody, control or supervision of any child, embraced within this act, who with the intent to evade the provisions of this act, shall make a false state- ment concerning the age of such child or the time such child has attended school, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding one hundred ($100) dollars, or by imprisonment in the county jail for a period not exceeding fifty days, or both so fined and imprisoned in the discretion of the court. Any parent, guardian, or other per- son having the custody, control or supervision of any child em- braced within this act, who shall be proceeded against under this act, may prove in defense that he is unable to compel the child under his control to attend school, and he may be thereupon dis- charged from liability, and such child shall be proceeded against as a delinquent child under the statutes in such cases made and pro- vided. § 181. — Record of Age — A passport, a duly attested transcript of the certificate of birth or baptism, a certified copy under oath of a record in the family Bible, or other religious record, showing the date and place of birth of such child shall be produced as proof of age. In case such certificate or record as hereinabove provided can not be secured, upon proof of such fact, the record of the age stated in the first school enrollment to be found shall be considered as evidence thereof. If there be no school enrollment showing such fact, other evidence as to the age of said child may be considered. § 182. — Fines and Penalties to be Used to Pay Officers — Any fines or penalties provided for in this act shall be for the use of the public schools of the city in which such child resides. Any such fine or penalty may be recovered by rule or in any Avay in which a court of equity may enforce its orders or decrees. School Laws of Kentucky, 79 § 183. — Appointment of Truant Officers — Qualifications — Ex- amination of Truant Officers — Compensation — Chief Truant Officer May Be Appointed — In the first week of July in each year the board of education in each city of the first, second, third and fourth classes shall appoint at least one person for each ten thous- and (10,000) children, enrolled in the school census, to serve as truant officers, whose term of office shall be during the pleasure of the board appointing him, who may be removed at any time by said board for cause and whose duties shall be limited to the city where the appointment is made. If in any such city there shall be less than ten thousand (10,000) children enrolled in the school census, there shall be appointed, as above, one truant officer. Said truant officers shall be residents of the city in which they are ap- pointed, and of good moral character. They must be able to read and write with ease. In cities of the first class such truant officers shall not engage in any other occupation during such period of time as the schools are in session each year. Before they shall be elig- ible for appointment, all applicants for the position of truant officer shall be examined by the superintendent of schools, who shall cer- tify to the Board of Education only such persons qualified as here- in provided. Such truant officer shall receive from the tax levy for school purposes of such cities not less than one ($1.00) dollars, nor more than three ($3.00) dollars per day during such period of time as he may be employed by the school board. In cities of the first and second class, the Board of Education may appoint a chief tru- ant officer in addition to the truant officer or officers herein pro- vided for or may designate one of the truant officers as provided for as chief truant officer and shall be authorized to pay such chief tru- ant officer a salary of not exceeding twelve hundred ($1,200) dollars per year, to be fixed by said board. It shall be the duty of the chief truant officer, under the general direction of the superintend- ent of city schools to supervise, control, and direct the work of all truant officers appointed in such city. Such chief truant officer shall cause to be made and fully kept, reports from all truant officers, principals and teachers of the workings of this act and shall be di- rectly charged with the duty of seeing that the provisions of this act are complied with. § 184. — Duties of Truant Officers — Truant officers shall ex- amine into any case of truancy within the city or district, and when. \ 80 School Laws of Kentuchy. from personal knowledge, or by report or complaint from any resi- dent or teacher of the city or district it appears that any child, sub- ject to the provisions of this act, is absent from school without law- ful excuse, and in violation of the provisions of this act, or is per- sistently truant from school, the truant officer shall immediately give written notice to the parents, guardian or person having the custody, control or supervision of such child that thfe attendance of such child is required, and if such parent, guardian or person having the custody, control or supervision of such child does not comply immediately with the provisions of this act, then such tru- ant officer shall proceed against such child as a delinquent child, and against such parents, guardian or person having the custody, con- trol or supervision of such child for violation of this act and for contributing to such condition of delinquency in such child. It shall be the duty of all truant officers to report all violations of the child labor law of which they have any knowledge. In cities having a chief truant officer such report shall be made by such chief truant officer and in cities having no chief truant officer such reports shall be made by truant officers to the superintendent of city schools. All such violations aforesaid shall be promptly reported by the Superintendent of Schools or chief truant officer, as the case may be, to the Labor Inspector. § 185. — Jurisdiction — The county court of the respective coun- ties of the Commonwealth shall have exclusive jurisdiction of all cases coming within the terms and provisions of this act. § 186. — School Officers to Report — Truant Officers under Su- pervision of City Superintendent — All school officers and teachers are hereby required to make and furnish upon demand, any report that may be required by the Superintendent of Public Instruction, or by the Superintendent of Public Schools of cities of the first, second, third and fourth classes, with reference to the workings of this act, and all truant officers appointed under this act shall keep a full record of the work done by them, in books to be furnished them for that purpose by the State Superintendent of Public In- struction. The Superintendent of Public Instruction shall make and publish an annual report of the workings of this act. Such truant officers shall be under the direct supervision and control of the City Superintendent of Schools and shall report to teachers, principals or other persons as directed by him and each City Su- I School Laws of Kentucky, 81 perintendent of Schools shall compile and publish an annual report of the work of the truant officer or officers under this act. § 187. — List of Children of School Age to Be Furnished Each Principal — During the month of August in each year the Superin- tendent of Public Schools of cities of the first, second, third and fourth classes shall furnish or cause to be furnished by the truant officer or officers of said city to the principal of each school in their respective cities a list of all children between the ages of seven and sixteen years entitled to attend said school, in such form as may be adopted by such Superintendent. Said list shall be arranged in such form as such Superintendent may prescribe, shall contain the name and age of each child, the name and address of such child's parents, guardian or person having the custody, control or super- vision, and such other facts as may be required by the Superintend- ent of Public Instructions, or Superintendent of Schools of the city of the first, second, third and fourth classes. § 188. — Names of Absentees to be Reported to Truant Officers — Duty of Truant Officers to Report Names of Children Not At- tending — The principal of each school in cities of the first, second, third and fourth classes shall report each day, if possible, or at such times as he may be directed by the Superintendent of Schools dur- ing such period of time as the schools are in session each year in the respective cities, to the Suprintendent of Public Schools in the city in which such school is situated, or to a truant officer, if so directed by the Superintendent, the name and address of each child who has been absent from school without lawful excuse, or who is persistently truant from school, together with the name of such child's parent or parents, guardian or persons having the custody, control or supervision of such child, and it shall be the duty of the truant officer to whom such report is made, immediately upon the receipt of same to make or cause to be made an examination into the cases of absence or truancy contained in such reports and to take any and all needful steps as provided herein under the stat- utes of this States, to compel such child to attend school, and in cities where a chief truant officer has been designated or appointed such officer shall file a wirtten report once each month with the City Superintendent of schools of all the work done by such chief truant officer and his assistants and in cities where no chief truant officer is designated each truant officer appointed shall file with the 82 School Laws of Kentucky. City Superintendent of Schools each month a written report of his work done in the discharge of his duties as set out herein. § 189.— Parental or Truant Schools— The Board of Trus- tees, Board of Education, School Board or Board of Com- missioners, as the case may be, of any city of the first or second class, are hereby authorized and empowered to equip, maintain and conduct one or more parental or truant schools for th^ purpose of affording a place where children of compulsory school age, and coming within the provisions of this act, and of the statutes of this State, concerning neglected, dependent and delinquent children, may be detained for the purpose of discipline and instruction here- inafter provided. § 190. — Location of Schools — Such school or schools may be located either within or without the corporate limits of the city ; pro- vided, however, that such school or schools shall not be located out- side of the county in which such city is located, and provided, further, that no such school shall be located at, or near any penal institution. § 191. — Religious Instruction and Attendance Upon Religious Service — No religious instruction shall be given in such school or schools except as is allowed by law to be given in public schools, but the Board of Trustees, Board of Education, School Board or School Commissioners, as the case may be, shall make suitable regulations so that inmates shall receive religious training in ac- cordance with the belief of such children's parents or guardian, either by allowing such religious services to be held in such institu- tion or by arranging for the attendance of public service elsewhere. § 192. — Child Committed to School May be Returned Home on Probation — Any child committed to such school, or schools, upon an order duly entered by the County Court, may be allowed to re- turn home upon probation and to remain while upon probation, subject to the friendly visitation and supervision of a probation officer of said County Court, and subject at any time to be returned to such school if said child, in the opinion of the County Court, shall violate the terms and conditions of its probation. No child shall be released upon probation in less than four weeks from the time of his or her committment, nor thereafter, unless the court shall be satisfied that said child, who is probationed, will attend regularly some public or private school as herein provided. If any child so released upon probation shall be regular in his or her attendance in School Latvs of Kentucky. 83 school, and his or her conduct as a pupil shall be satisfactory for a period of one year from the date upon which she or he was released upon probation, he or she shall be finally discharged from such parental or truant school, and shall not be recommitted thereto, ex- cept in a subsequent proceeding- undertaken according to the pro- visions of this act, and to the statutes of his State, concerning neglected, dependent and delinquent children. § 193. — Penalty For Violation o£ Conditions of Probation — Any child released from said school or schools upon probation as herein provided, who shall violate the conditions of his or her probation any time within one year thereafter, shall, upon the order of the County Court, be returned to such parental or truant school, and shall not again be released upon probation within a period of three months from the date of such re-entering; and if such child shall violate the conditions of a second release upon probation he or she shall be recommitted to such school and shall not be released there- fiom on probation until he or she shall have remained in such school one year. § 194. — Rules and Regulations — The Board of Trustees, Board of Education, School Board, or School Commissioners, as the case may be, of cities of the first or second class, may establish any rules or regulations concerning such schools not inconsistent with this act or the Constitution or laws of this State. CHAPTER XV. THE CHILD LABOR LAW (ACT AMENDED 1910) <5, 195. — Child under Fourteen shall not be Employed During School Term — No child under fourteen years of age shall be em- ployed, permitted or suffered to work in or in connection with any factory, workshop, mine, mercantile establishment, store, business office, telegraph office, restaurant, hotel apartment house or in the flistribution or transmission of merchandise or messages. It shall l-e unlawful for any person, firm or corporation to employ any child under fourteen years of age in any business or service what- ever, during any part of the term during which the public schools of the district in which the child resides are in session. 84 School Laws of Kentucky. § 196. — Child Between Fourteen and Sixteen May be Employed Under Certain Conditions — Labor Inspector — Duties under Act — Evidence of Child's Age to be Produced — No child between four- teen and sixteen years of age shall be employed, permitted or suf- fered to work in or in connection with any factory, workshop, mine, mercantile establishment, store, business office, telegraph office, restaurant, hotel, apartment house, or in the distribution or trans- mission of merchandise or messages unless the person or corpora- tion employing him procures and keeps on file and accessible to the truant officers of the town or city, and to the Labor Inspector, an employment certificate as hereinafter prescribed, and keeps two complete lists of all such children employed therein, one on file and one conspicuously posted near the principal entrance of the building in which such children are employed. On termination of the em- ployment of a child so registered, and whose certificate is so filed, such certificate shall forthwith be surrendered by the employer to the child or its parent or guardian or custodian. The Labor Inspec- tor may make demand on an employer in whose establishment a child apparently under the age of sixteen years is employed or permitted or suffered to work, and whose employment certificate is not then filed as required by this act, that such employer shall either furnish him within ten days, evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ, or permit or suffer such child to work therein. The Labor Inspector may require from such employer the same evidence of age of such child as is required on the issuance of an employ- ment certificate, and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. In case such employer shall fail to produce and deliver to the Inspector within ten days after such demand such evidence of the age herein required of him, and thereafter continue to employ such child, or permit or suffer such child to work in such establish- ment, proof of the giving of such notice and of such failure to pro- duce and file such evidence shall be prima facie evidence in any prosecution brought for violation of the provision that such child is under sixteen years of age and is unlawfully employed. § 197. — Employment certificates shall be issued only by the Superintendent of Schools or by a person authorized by him in writing, acting in his name. Where there is no local Superintend- School Laws of Kentucky, 85 ent of Schools, they shall be issued by the County Superintendent of Schools or by a person so authorized by him. § 198. — Certificates not to be Issued until Certain Papers are Filed — Personal Examination of Child — The person authorized to issue employment certificates shall not issue such certificates until he has received, examined, approved, and filed the following papers duly executed: (1) The school record of such child properly filled out and signed as provided hereinbelow. (2.) A passport or duly attested transcript of the certificate of birth or baptism or other religious record, showing the date and place of birth of such child. A duly attested transcript of the birth certificate filed ac- cording to law with any officer charged with the duty of recording births, shall be sufficient evidence of the age of such child. (3.) The affidavit of the parent, guardian or custodian of a child, which shall be required, however, only in case such last mentioned tran- script of the certificate of birth be not produced and filed, showing the place and date of birth of such child, which affidavit must be taken before the officer issuing employment certificates, who is hereby authorized and required to administer such oath, and who shall not demand or receive a fee therefor. Such employment cer- tificate shall not be issued until such child has personally appeared before and been examined by the officer issuing the certificates, and until such officer shall, after making examination, file and sign in his office a statement that the child can read and legibly write simple sentences in the English language, and that in his opinion the child is fourteen years of age or upward, and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it Intends to do. In doubtful cases such physical fitness shall be determined by a medi- cal officer of the board or department of health, or by the county physician. Every employment certificate shall be signed in the ])resence of the child In whose name It Is Issued. The Superintend- ent of schools In any city, town, county, or district, wherever there is one, and where there is none, then the County Superintendent shall, between the first and tenth days of each month, transmit to the office of the Labor Inspector, a report, which report shall give, (I) the name of each child to whom a certificate has been Issued in the previous month, together with the date of birth of such child; and (2) the name of each child to whom a certificate has been re- 86 School Laivs of Kentucky. fused in the previous month, together with the ground for such refusal. A refusal or failure to transmit such report by any person charged under this section with the duty of transmitting same to the Labor Inspector shall constitute a misdemeanor punishable by a fine of not more than twenty-five nor less than five dollars, to be disposed of as provided in Section 212 of this law. § 199. — Certificate to Describe Child, etc. — Such certificate, shall state the date and place of birth of the child, and describe the color cf the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that the papers required by the pre- ceding section have been duly examined, approved and filed and that the child named in such certificate has appeared before the officer signing the certificate and has been examined. § 200.— School Record; What it Shall Contain— Procedure in Case School Record Can not be Obtained — ^The school record above mentioned shall be signed by the principal or chief teacher of the school which such child has last attended and shall be furnished, on demand, to a child entitled thereto. It shall contain a statement certifying that the child has regularly attended the public school or schools equivalent thereto or parochial school for not less than one hundred days during the school year previous to his arriving at the age of fourteen years or during the year previous to applying for such school records and is able to read and write simple sentences in the English language, and has received during such period in- struction in reading, spelling, writing and geography and is familiar with the fundamental operations of arithmetic up to and including common fractions. Such school record shall also give the age and residence of the child, as shown on the records of the school and the name of its parent, or guardian or custodian : Provided, That upon the filing with the person authorized to issue employment certificates of the affidavit of the applicant or of his or her parent, guardian or custodian, showing that diligent effort has been made to obtain the school record hereby required and that it can not be obtained, then the person authorized to issue the certificate may issue such a certificate without having received such school record, but it shall be his duty, in such case, to examine the applicant as to his or her proficiency in each of the studies mentioned in this School Laws of Kentucky. 87 section ; and in such case the employment certificate shall show that such examination was had in lieu of the filing of the school record. Z6. — Powers and Duties — Each board of Regents shall have general control and management of its normal school ; shall possess full power and authority to adopt all needful rules and regulations for the guidance and supervision of the conduct of the students of any department thereof; to enforce obedience to such rules, to invest the faculty with the power to suspend or expel any pupil for disobedience to such rules or for any contumacy, insubordination or immoral conduct, and have authority to appoint or dismiss all officers and teachers, to require such reports from officers and instructors as it may deem necessary, to appoint a treasurer for such school and to determine the amount of his bond, which amount shall not be less than ten thousand dollars. § 2>Z7. — Normal Executive Council — The Superintendent of Public Instruction, together with the president or head executive officer of each State normal school herein created, shall constitute a Normal Executive Council, whose duty it shall be to prescribe the course of study to be taught in each State normal school, and the educational qualifications for admission to and graduation from same. § 338. — At the first meeting of the Normal Executive Council, which shall occur within one month after the election of the presi- dents of the said normal schools herein created, there shall be Sv School Laws of Kentucky, 133 elected from said council a vice-president and a secretary; the Superintendent of Public Instruction shall be ex-officio president of the council. § 339. — This council shall hold its meetings annually or as much oftener as may be deemed necessary at the State Capitol or at one of the normal school buildings, the place of meeting to be determined by the Superintendent of Public Instruction, and a majority of the members shall constitute a quorum. § 340. — Board of Regents to Confer Certificates — Reports — En- dorsement of Certificate by Superintendent of Public Instruction — County Superintendent May Revoke — Secretary of Board of Re- gents Must Report to Superintendent of Public Instruction — Each Board of Regents shall have full power and authority subject to the approval of the State Superintendent of Public Instruction, to confer, under its corporate seal, upon students of said schools the following certificates, viz: An ^'Elementary Certificate," and "In- termediate Certificate" and "Advanced Certificate." The Elemen- tary Certificate shall be conferred upon the completion of one year's work, and shall entitle the holder thereof to teach in any public school in this State for the period of two years from the date thereof without further examination. The Intermediate Certificate shall be conferred upon the completion of two years' work, and shall entitle the holder thereof to teach in any public school in this State for a period of four years from the date thereof without further examination. The Advanced Certificate shall be conferred upon the completion of three years' work, and shall entitle the holder thereof to teach in any public school in this State for a period of three years from the date thereof without further examination, and if at the end of the three years a teacher holding an Advanced Certificate shall present to the Board of Regents which granted the same satisfactory evidence of successful teaching during said period, and of good moral character, then the Advanced Certificate may be extended for life, or good behavior, by said Board, subject, however to the approval of the State Superintendent of Public Instruction ; and it shall be so endorsed by the said Board, and the holder thereof shall be entitled to teach in any public school in this State during good behavior without further examination. The official endorsement of the State Superintendent of Public Instruction shall be necessary to validate any certificate or extension thereof above 134 School Laws of Kentucky, named. Any certificate may be revoked for cause by the Board of Pegents of the school granting the same, or by the State Superin- tendent of Public Instruction. Any County Superintendent may, for cause, revoke for his county any certificate, of which revocation immediate notice shall be given to the State Superintendent of Pub- lic Instruction, and he shall have power to approve or reverse such revocation. The Secretary of the Board of Regents sliall annually on or before the first day of August, transmit to the State Superin- tendent of Public Instruction the names of those receiving such certificates, their date of issue, and the place of residence of each holder, and the State Superintendent shall annually, not later than August the 15th, forward to each County School Superintendent a printed list of persons holding State certificates then in force, and those authorized to teach under the provisions of this section, giving names, residences, dates of qualification, and by whom conferred, and the date on which each Normal certificate shall expire; and the holder of such certificate shall, before commencing to teach a public school in any county in this State, notify the County Super- intendent thereof of such fact, give date of qualification and by whom conferred, and the County School Superintendent shall verify same by examination of the list sent him by the State Super- intendent, and if found correct, shall duly record the said teacher ss eligible to teach in such county. § 341. — Power to Remove Officers and Fix Compensation — The Boards of Regents shall have power to appoint and to remove the president, professors and teachers of the normal schools, to fix their compensation, the commencement and termination of their respective terms of office, not to exceed two years for any one term. § 342. — Causes for Removal of Officers and Teachers — No presi- dent, professor or teacher shall be removed except for incom- petency, neglect or refusal to perform his duty, or for immoral conduct ; nor shall such president, professor or teacher be removed until after ten days' notice in writing, stating the nature of the charges preferred; and such person shall have an opportunity to make a defense before the board, by counsel or otherwise, and shall be allowed to introduce testimony, which shall be heard and determined by the board. In every case of the suspension or expul- sion of a student by the faculty, the person so suspended or ex- pelled shall be allowed to appeal from the decision of the faculty to School Laws of Kentucky, 135 the Board of Regents, and it shall be the duty of the Board of Regents to prescribe the manner and mode of proceeding in the matter of such appeal; but the decision of the Board of Regents shall be final. § 343. — Special Meetings — Upon the written request of any two members of the Board of Regents, or at the request of the faculty, signed by the president and certified by the secretary thereof, the chairman of the Board of Regents may call a special meeting and the object or objects thereof, and no other business, shall be trans- acted at such meeting, unless all the members of the board are present and consent thereto. § 344. — Mileage Allowed Board — No member of the Board of Regents, nor member of the Normal Executive Council, shall draw any salary for services as such, but shall receive six cents per mile for every mile necessarily traveled in going to and from each meet- ing for the board, and other legitimate expenses, to be paid out of the contingent fund of the school. § 345. — Board and OfBcers not to be Interested in Sales or Con- tracts — No president, professor, teacher, regent, member of the Normal Executive Council or other officer or employe shall keep for sale, or be interested, directly or indirectly, in any contract or purchase for the building or repairing any structure, or for fencing or ornamenting the grounds, or furnishing any supplies or material for the use of said normal school. (Acts of 1906.) § 346. — Annual Report to the State Superintendent of Public Instruction — The President of each Normal School shall make to his Board of Regents written reports in duplicate during the month of August of each year, which shall contain a full account of all receipts of moneys from appropriations, tuitions, fees and all other sources, and the disbursements thereof, and for what purpose, and the condition of said Normal School; shall also report a list of the names and places of residence of all students that may have been taught in the Normal School during the preceding year, the number of terms enrolled, the number of days each has taught and the amount of tuition and incidental fees paid; one of which reports shall be filed in the office of the Secretary of the Board of Regents, and the other transmitted to and filed in the office of Superintend- rnt of Public Instruction at Frankfort, Kentucky. (Section as mended by Act of 1908.) 136 School Laws of Kentucky, § 347. — Treasurer to Execute Bond — The treasurer of the respective Board of Regents, before he enters upon the duties of his office, shall enter into a bond to the Commonwealth of Ken- tucky, with not less than two solvent sureties or a guarantee com- pany authorized to do business in Kentucky, in a sum of not less than ten thousand dollars, to be approved by the board, conditioned that he will faithfully perform all the duties required of him by law as such treasurer, which bond shall be filed with the secretary of the board. § 348. — Treasurer to Receive and Disburse Moneys — Compen- sation — It shall be the duty of the treasurer of the board to receive and disburse all moneys under the control of the Board of Regents and perform all such acts as pertain to his office, under the direction of the Board of Regents, and to make a report of the same to the board at its quarterly meetings. In the month of August of each year, the treasurer of said board shall also make and furnish to the Board of Regents, to be by it transmitted to the State Superin- tendent of Public Instruction, an abstract of which shall contain full account of all moneys received and disbursed by the school during the preceding year, stating from what source received and on what account paid out, and the amount paid to each professor, teacher or other officer of the school; and on oV before the second Monday in January, one thousand nine hundred and eight, and every two years thereafter, said treasurer shall also report to the Board of Regents, to be by it transmitted to the General Assembly, an itemized statement of all receipts and expenditures for the two calendar years preceding, showing minutely all disbursements of moneys received from the State or other sources. The compensa- tion of the treasurer shall be fixed by the Board of Regents. § 349.— Duties of Secretary — Compensation — It shall be the duty of the secretary of the boards to keep and preserve all records, books and papers belonging to the board. He shall keep a journal of the proceedings of the board, in which, if requested by any mem- ber of the Board of Regents, the ayes and noes on all questions shall be entered. He shall prepare, under the direction of the board, all reports, estimates and to execute all such matters as belong to his office. His compensation shall be fixed by the board. § 350. — Provisions for Payment of Indebtedness — The respect- ive Boards of Regents shall, at their regular meetings, provide for School Laws of Kentucky, 137 the payment of any indebtedness of the school, and for that purpose they shall set apart all moneys which may be derived from tuition or other fees paid by students to the payment of: First, the inci- dental expenses of such school; and, second, the payment of such indebtedness; and until such indebtedness shall be fully paid off, no part of the fund derived from tuition or other incidental fees shall be used for the payment of professors, teachers or other officers or employes of such school, nor shall the board, until such indebtedness be fully paid, make any contract for the hire, employ- ment or payment of professors, teachers or other officials, or em- ployes of such schools that will be a greater sum of money for the annual payment thereof than the amount of the appropriation by the State for the support of said school for that year. § 351.— .-All appropriations made by the General' Assembly for the support of normal schools, or for the benefit thereof, and all grants, gifts, bequests or donations by any individual or corpora- tion for a specified use shall be applied to such use or uses and no other. (Acts of 1906.) § 352. — Gratuitous Instruction — Pupils — How Chosen — Each county in the State shall be the unit of appointment; and each county shall be entitled annually to appointment to free tuition in the Normal School of the district in which it is located, of one white pupil for every five hundred, and fraction thereof over two hundred and fifty, of white school children, based on the last official school census preceding the appointment. Said pupils so appointed shall be chosen as follows : The Superintendent of Schools in each county shall receive and register the names of all applicants for admission to said schools and shall examine such applicants at such time and in such manner as the Normal Executive Council may direct, and the applicants found to possess the highest qualifications, and who are of good character, shall be accepted as the pupils to which said county is entitled. Said appointment shall be for the full term of the prescribed course of study in the school; any vacancy in any county may be filled in the same manner as pro- vided for regular appointments. Should the number of appointees in attendance during any term not reach the number allowed for the county, said county may during any other term appoint alter- nates, so that the average for any whole year from any county may equal the number to which it is entitled under the provisions of 138 School Laws of Kentucky, this section. The Board of Regents shall have power, in case any pupil so appointed shall refuse to sign and file with the Secretary of said Board a declaration that he or she will, if engagement can be secured by reasonable effort, teach in the public schools of this State not fewer than two years upon an Elementary Certificate; not fewer than three years upon an Intermediate or Advanced Cer- tificate, to require such pupil to pay such fees and tuitions as the Board may prescribe. (Section as amended by Acts of 1908.) § 353. — Model or Practice School — The Board of Regents of each school may maintain in connection with the said normal schools, a model and practice school, under the supervision of thor- oughly trained teachers, for the purpose of giving observation and practice work to the student teachers. § 354. — Commission to Locate the Schools — The Governor shall, within thirty days after this act becomes a law, appoint a commission composed of seven persons, one from each appellate district of the State, who shall, within thirty days after their ap- pointment, meet at Frankfort, Kentucky, on a date fixed by the Governor, and organize and arrange to receive from those localities in Kentucky desiring to secure the location of said schools, pro- posals for donations of suitable sites and other valuable considera- tions, and shall, within ninety days after their appointment, locate the said schools in said normal school districts at the place making the most advantageous offers, all things considered. All proposals for sites or locations for the schools shall be in writing, and shall be entered at large on the records of the commission, and the findings of the commission fixing the locations shall be in writing and entered at large on the records of the said commission : Pro- vided, That no town or city shall be selected for the location of said school which does not have facilities for a good water supply and other conveniences necessary for the institution. § 355. — Appropriation — In order to enable the Boards of Re- gents to carry into effect the provisions of this act, there is hereby appropriated the sum of ten thousand dollars ($10,000) to be di- vided equally between the two normal schools herein provided for, for the purpose of equipping suitable buildings, improving grounds, etc., and the sum of forty thousand dollars ($40,000) annually to be divided equally between the two schools for the purpose of defray- ing the salaries of teachers and other current expenses : Provided, School Laws of Kentucky, 139 That the latter appropriation shall not become effective for any school Until the buildings have been equipped and the school regularly opened. § 356. — Deeds to be Made to Commonwealth — The money hereby appropriated for equipment shall be available immediately for each of said normal schools upon the delivery of a good general warranty deed, conveying to the Commonwealth the property to be donated as above provided and its acceptance by the locating commission. The money appropriated under this act for equip- ment and maintenance of the schools shall be disbursed as follows, viz. : The chairman and secretary of the Board of Regents shall draw their warrants for the equipment and maintenance of each school provided for under this act on the Auditor of Public Ac- counts, payable to the treasurer of each normal school, and upon receipt of said draft by the Auditor, he shall draw his warrant for the proper amount upon the Treasurer of the State. The money authorized to be paid out of the State Treasury under this act shall be paid out of the general funds not otherwise appropriated. § 357. — Whereas, in order to open during the present year the normal schools provided for in this act, it is necessary that the same become effective as soon as possible; and, whereas, a public necessity exists for the immediate establishment and opening of normal schools in this State, in order to make its common school system more effective as required by the Constitution of Kentucky, an emergency is therefore declared to exist and this act shall take effect from and after its passage and approval by the Governor. (Acts of 1906.) § 358. — May Purchase Lands — Condemnation Proceedings — May Provide for Library — May Sell Real Estate — The Board of Regents of each of said Normal Schools is vested with power to purchase additional real estate when in its judgment the same is necessary for the purposes of the school. If the Board of Regents be unable to agree with the owner or owners of such real estate as to its value, or to purchase the same, it may proceed in its own name, in any court having jurisdiction, to condemn such real estate in the same manner as provided by law in the condemnation of lands for railroad purposes. Real estate acquired by purchase or condemnation shall be paid out of moneys appropriated to said school. Each Board of Regents may, on such terms as it may re- 140 ' School Laws of Kentucky. gard best for the school, lease or donate a lot of land for the pur- pose of securing the erection of a library thereon ; each Board may also erect or lease from another for a term of years any necessary buildings or grounds. Each Board of Regents may, when it regards the same to be best for its school, sell and convey any real estate or buildings now owned by it, but the proceeds arising from such sale must be reinvested in other real estate and buildings for the use of said school. § 359. — Students May Take Examination for County Certifi- cate — That students, while attending a State Normal School may be examined for county teachers' certificate by the Board of Ex- aminers of the county in which such Normal School is located, and on the dates provided in the common school law for examination of teachers. If such Normal students are of the age and character required by law in the case of other candidates for county certifi- cates, the County Superintendent of the county in which the Nor- mal School they are attending is located, shall admit them to ex- amination and shall collect from each the legal fee, together with fifty cents additional. At the close of the examination the County Superintendent shall transmit by registered mail, the examination papers of each student candidate, together with the examination fee, to the County Superintendent of the county from which said candidate desires his certificate issued. The County Board of Ex- aminers shall canvass the papers sent to them as above provided, and shall issue county certificates upon them, upon the same terms and conditions as in case of candidates appearing in person for examination. § 360. — Appropriation for Buildings — May Purchase Additional Ground — Architect May be Appointed — Advertisement for Bids — Bond to be given by Successful Bidder — Itemized Account to be Submitted — That the sum of one hundred and fifty thousand dollars, or so much as may be necessary thereof, be, and the same is hereby, appropriated for the benefit of the Eastern Kentucky State Normal School, Richmond, Kentucky, for the erection and equipment of a suitable dormitory for the accommodation of the male students; also for the erection and equipment of an addition to the dormitory for the accommodation of the female students; also for the erection and equipment of a model school building; also for the erection and equipment of a practice school building, also School Laws of Kentucky, 141 for the erection and equipment of an administration building; also for the erection and equipment of a central heating plant, and for the necessary repair and equipment of the present buildings of said institution. All of said buildings shall be erected upon the grounds owned by said institution, or upon grounds that may be acquired by purchase by the board of regents of said institution. If, in the judgment of the said board of regents, the purchase of additional grounds may be necessary for the accommodation of the new build- ings herein contemplated or for the proper conducting of said school, they may make such necessary purchase and pay for the same out of the money hereby appropriated. The title to such real estate shall be made to and held by the Commonwealth of Kentucky for the use and benefit of said school. The said board of regents is vested with a sound discretion as to the order of construc- tion, and as to the location of the improvements herein set forth, or in giving preference to such other improvements as will best promote the interest of the school, provided the total expenditure shall not exceed the amount herein appropriated. The said board of regents shall appoint a competent architect or architects to pre- pare, under their direction, plans and specifications for the buildings aforesaid, and shall contract with responsible parties for the erection and equipment of same. All contracts under this act for material and labor, or for the erection of any and all buildings and improve- ments and for the equipment for the same for the purpose men- tioned in this act, shall be let to the lowest and best bidder, after the same is duly advertised by notice for at least one month in a weekly or semi-weekly newspaper published in the city of Rich- mond, Kentucky, which, in the judgment of the said board of regents, has the largest circulation. The successful bidder or bid- ders in each case shall enter bond to the Commonwealth of Ken- tucky for the benefit of said normal school in a sum not less than twenty-five per cent, of the contract price or sum for the com- pletion of the work in the manner and within the time set out in the contract or contracts. The manner and time shall be fully and in detail set out in said contract. The money hereby appropriated shall be paid to the treasurer of the said normal school from time to time, as the improvements contemplated in this act may require and it shall be the duty of the Auditor of Public Accounts to draw his warrant or warrants upon the Treasurer of the State in favor of 142 School Laws of Kentucky, the treasurer of said normal school for an amount or amounts as the said treasurer of said normal school may, countersigned by the State Superintendent of Public Instruction, certify to him from time to time is necessary and needed in carrying out the provisions of this act: Provided, however. That one-third of said appropria- tion shall be due and payable on December 1, 1908, one-third thereof shall be due and payable on July 1, 1909, and one-third fhereof shall be due and payable on July 1, 1910. The said board of regents shall submit to the next regular session of the General Assembly an itemized account and statement of the expenditures made for the purposes herein named, which account and statement shall be prop- erly certified and audited; and if any of the funds hereby appro- priated remain unexpended after the additions and improvements to said normal school herein authorized have been made, the same shall be returned to the State Treasurer by the said board of regents. § 361. — One Hundred and Fifty Thousand Dollars Appropriated to Western Kentucky State Normal School — Building May Be Erected — Additional Grounds May Be purchased — Architect — Bond by the Successful Bidder — Account and Statement Must be Submitted to General Assembly — ^That the sum of one hundred and fifty thousand dollars, or so much as may be necessary thereof be and the same is hereby appropriated for the benefit of the Western Kentucky State Normal School, Bow^mg Green, Kentucky, for the erection and equipment of a suitable dormitory for the accommoda- tion of male students; also for the erection and equipment of suit- able dormitory for the accommodation of female students ; also for the erection and equipment of a suitable science hall ; also for the erection and equipment of buildings for additional class rooms; also for the erection and equipment of a building for library and laboratories; also for the necessary repairs and equipment of the present building of said institution. All of said buildings shall be erected upon the grounds owned by said institution, or upon such grounds as may be acquired by purchase by the board of regents of said institution. If, in the judgment of the said board of regents, the purchase of additional grounds may be necessary for the ac- commodation of the new buildings herein contemplated or for the proper conducting of said school, they may make such necessary purchase and pay for same out of the money herein appropriated. School Laws of Kentucky, 143 The title to such real estate shall be made to, and held by, the Com- monwealth of Kentucky for the use and benefit of said school. The said board of regents is vested with a sound discretion as to the order of construction and as to the location of the improvements herein set forth, or in giving preference to such other improve ments as will best promote the best interest of the school, provided that the total expenditure shall not exceed the amount herein ap- propriated. The said board of regents shall appoint a competent architect or architects to prepare, under their direction, plans and specifications for the buildings aforesaid, and shall contract with responsible parties for the erection and equipment of same. All contracts under this act for material and labor, or for the erection of any and all buildings and improvements and for the equipment for the same for the purposes mentioned in this act, shall be let to the lowest and best bidder after the same is duly advertised for ten consecutive days in a daily paper published in Bowling Green, Ken- tucky, having the largest circulation, or for four consecutive weeks in the weekly paper published in said city, which, in the judgment of the said board of regents, has the largest circulation. The suc- cessful bidder or bidders in each case shall enter into bond with the Commonwealth for the benefit of said normal school in a sum not less than twenty-five per cent, of the contract price or sum for the completion of the work in the manner and within the time set out in the contract or contracts, and manner and time, shall be fully and in detail set out in said contract. The money hereby appro- priated shall be paid to the treasurer of said normal school, from time to time as the improvements contemplated in the act may require ; and it shall be the duty of the Auditor of Public Accounts to draw his warrant or warrants upon the Treasurer of the State in favor of the treasurer of said normal school for an amount or amounts as said treasurer of said normal school may, countersigned by the State Superintendent of Public Instruction, certify to him from time to time is necessary and needed in carrying out the pro- visions of this act : Provided, however. That one-third of said ap- propriation shall be due and payable on December 1, 1908, one- third thereof shall be due and payable on July 1, 1909, and one- third thereof shall be due and payable on July 1, 1910. The said board of regents shall submit to the next regular session of the General Assembly an itemized account and statement of the ex- 144 School Laws of Kentucky, penditures made for the purpose herein named, which account and statement shall be properly certified and audited, and if any of the funds hereby appropriated remain unexpended after additions and improvements to said normal school herein authorized have been made, the same shall be returned to the State Treasurer by the said board of regents. § 362. — Twenty Thousand Dollars Annually Appropriated to The Eastern Kentucky State Normal School — Thirty Thousand Dollars Appropriated Annually to the Western State Normal School — That in order to provide additional income to meet the additional annual expenditures of each of said institutions respect- ively. That the additional sum of twenty thousand dollars is hereby appropriated for the current fiscal year and for each succeeding year for the benefit of the Eastern Kentucky State Normal School, and the same is directed to be paid by the Treasurer of the State to the treasurer of the said Eastern Kentucky State Normal School upon warrant or warrants issued by the Auditor of Public Accounts, who is hereby directed to draw and issue said warrants for the purpose aforesaid. That the additional sum of thirty thousand dol- lars is hereby appropriated for the current fiscal year and for each succeeding year for the benefit of the Western Kentucky State Normal School, and the same is hereby directed to be paid annually by the Treasurer of the State to the treasurer of the said Western Normal School upon warrant or warrants issued by the Auditor of Public Accounts who is hereby directed to draw and issue said warrants for the purpose aforesaid. CHAPTER XXI. THE STATE UNIVERSITY. § 363. — Board of Trustees — That the government, administra- tion and control of the Agricultural and Mechanical College of Kentucky be and is hereby vested in a board of trustees, con- stituted and appointed as follows : § 364. — Governor Ex Officio Chairman — His Excellency, the Governor of Kentucky, who shall be ex officio chairman thereof. <§, 365. — Trustees — Manner of Appointment — Fifteen men, dis- creet, intelligent and prudent, who shall be nominated by the Gov- School Laws of Kentucky, 145 ernor of Kentucky, and by and with the advice and consent of the Senate. They shall hold office for six years, five retiring and five be ing appointed at each regular session of the General Assembly. Said nominations shall be made within fifteen days after the Legislature convenes. Said trustees shall be appointed and distributed as fol- lows, namely : One from each Congressional district outside of the Congressional district in which Lexington is situated, and the re- mainder from the latter district; but no more than three trustees shall be appointed from the county of Fayette : Provided, That no trustee now serving under an appointment previously made shall be displaced by the operation of this act before the term of service shall have expired. § 366. — The president of th^ college shall be ex officio a member of the board of trustees. § 367. — Trustees — Powers and Duties — Selection of President and Professors — The board of trustees, when appointed and quali- fied, shall be a body corporate, under the corporate name of the Agricultural and Mechanical College of Kentucky, and as a corpora- tion shall have power to sue and be sued, implead and be im- pleaded, contract and be contracted with, and possess all the immu- nities, rights, privileges and franchises usually attaching to the gov- erning bodies of educational institutions. They shall have power to receive, hold and administer, on behalf of the institution whose government, administration and control is committed to them, all revenues accruing from all existing or future endowments, appro- priations or bequests, by whomsoever made, subject to the condi- tions attaching thereto; to receive, administer and apply, for and on behalf of said college, all moneys, devises, stocks, bonds, buildings, museums, lands, apparatus, and so forth, and so forth, under the conditions attaching thereto. Said trustees shall have power to determine, from time to time, the number of departments of study or investigation which the college shall comprise within the scope of the organic act of Congress, or acts supplementary thereto, donating land script for the endowment of agricultural and mechanical colleges; the relation which each department or group of departments shall sustain to each other and to the whole; to devise, allot and arrange the distribution of departments or groups of departments with the designation appropriate to each, and to devise the means required for their effective instruction, adminis- 146 School Laws of KentucJcy. tration and government. They shall have, also, power to appoint presidents, professors, assistants, tutors and other officers, and to determine the salaries, duties and official relations of each ; and shall provide for a definite salary in money attached to all positions created and filled by the board of trustees; and there shall be no additions thereto in the form of fees, perquisites or emoluments of any kind whatever. They shall have full power to suspend or re- move at will any of the officers, teachers, professors or agents whom they are authorized by law to appoint, and to do all other acts which laay be needful for the welfare of the institution. § 368. — Degrees — Said board of trustees shall have power to grant degrees to the alumni of the institution; to prescribe condi- tions upon which post-graduate honors shall be obtained by its alumni and others, and to confer such honorary degrees, upon the recommendation of the faculty of the institution, as they may think proper. § 369. — A majority of the whole board shall constitute a quorum for the transaction of business. § 370. — In the appointment of presidents, professors or instruc- tors, no preference shall be shown to any religious denomination. § 371. — Trustees to Meet in Lexington — Power to Appoint Sec- retary and Treasurer — The Executive Committee — ^The board of trustees shall meet in Lexington twice each year in the president's room in the college, namely, upon the Tuesday preceding the an- nual commencement, and upon the second Tuesday in December. In the absence of the Governor the board shall have the power to appoint a chairman pro tem. They shall elect annually a secretary, who shall keep a record of their proceedings, and a treasurer, who shall receive and disburse the funds, and a business agent, who shall make all purchases for all departments of the college, and attend to all the business under the direction of the board. Said secretary and treasurer and business agent shall receive for their services a fair compensation; but the treasurer elected under the provisions of this act shall not be a member of the board of trustees or of the faculty of the college, or otherwise an employe of the college or of any of the departments thereof. They shall, at each regular meet- ing, appoint an executive committee, consisting of five of their num- ber, residing in or near Lexington, including a chairman thereof, three of whom shall constitute a quorum ; and said committee shall School Laws of Kentucky, 147 choose from their number a chairman pro tempore, to act in the absence of the permanent chairman. The executive committee shall be charged with the general administration of the affairs of the college under such by-laws and regulations as shall be prescribed by the board of trustees, and with the execution of measures spe- cially authorized by the board. It shall, at each regular meeting of the trustees, and at each called meeting if required, submit to the board a complete record of its proceedings for the consideration and approval of the board of trustees ; Provided, That the authority of the board of trustees to revise the acts of the executive com- mittee shall not extend to the rejection of any valid or authenticated account of money expended under a general or specific authority granted by the board of trustees, and within the sums appropriated by the board for specific or contingent objects at regular or called meetings. The secretary of the board of trustees shall also be secretary of the executive committee and the custodian of the records, and so forth, of the board and of said committee. § 372. — Treasurer — That the treasurer of said college shall enter into covenant with the Commonwealth of Kentucky, with one or more good sureties bound therein, to be approved by the board of trustees, conditioned for the faithful performance of his duties, and the payment of all moneys that shall come to his hands to his suc- cessors in office, or to such person or persons as may be lawfully entitled to receive the same. Any person or persons, including the board of trustees, injured by any breach of this bond, may maintain in the Fayette Circuit Court appropriate action thereon. The said treasurer shall keep an itemized account of receipts and expendi- tures, and shall pay out no money except on authorization of the board of trustees, given directly or through its executive committee. He shall render to the executive committee monthly statements of receipts and expenditures, and amount on hand, and a full detailed statement, with vouchers, for the information and action of the board of trustees at its regular annual meeting, and at other periods when required. § 373. — Vacancies in Board of Trustees — In the case of the death, resignation or refusal to serve of any of the trustees ap- pointed as members of the board on behalf of the State, the remain- ing trustees shall, at their first meeting thereafter, have power to fill all vacancies occasioned by such death, resignation or refusal 148 School Laws of Kentuchy, to serve; and the person or persons so appointed shall hold their offices as trustees during the natural or unexpired terms of the person or persons for whom they are substituted and appointed. Any trustee who shall fail to attend two consecutive meetings with- out proper notification to the secretary of the reason therefor, shall hereby vacate his office of trustee, and the board shall fill the vacancy as hereinbefore provided for. § 374. — All necessary expenses incurred by the trustees in go- ing to, returning from, or while attending the meetings of the board, shall be met and discharged out of the funds of the institu- tion. § 375. — Meetings of Board of Trustees — That in addition to the regular meetings, called meetings of the board of trustees may also be held. The call for such meetings must be in writing, signed by three or more trustees. The call must also be formally com- municated by the secretary to each trustee by mail, at his post- office address, at least fifteen days before the day fixed for the meeting, and must state definitely the object of the meeting; and no business not thus explicitly announced shall be acted on at the called meeting. § 376. — Collegiate Period — ^That the regular collegiate period of the Agricultural and Mechanical College shall be four years, and only those students who pass through that period and attain the prescribed standard of proficiency in the regular course of studies, or those who, having qualified themselves elsewhere, shall be found, after at least one year's attendance in the college, to have attained the prescribed standard of proficiency in the regular course of studies, shall receive a diploma from the college. § 377. — Trustees to Govern College — That the board of trustees be, and hereby are, empowered to establish proper regulations for government of the college and the physical training, military or otherwise, of the students, and to authorize the suspensions and dismissal of students for neglect or violation of the regulations, and for other conduct prejudicial to the character and welfare of the institution. § 378. — Trustees to Report to General Assembly — That the board of trustees shall make to the General Assembly, within the first month of each regular session, a full report of the condition and operation of the college since the date of the preceding report, with School Laws of Kentucky, 149 such recommendations concerning the college as may be deemed necessary. § 379. — Appointment of Students — In addition to the foregoing, teachers or persons preparing to teach may be admitted at the rate of not more than four from each county, upon the same conditions, receive the same benefits, and have the same privileges in said college as prescribed in the preceding section. These appointments shall be vested in the county superintendents. Said appointments may be made and certified to the president of the college at any time between the first day of July and the thirty-first day of De- cember of each year. § 380. — Circular of Information to County Superintendents — The president shall, on or before the first day of July of each year, have printed and mailed to each county superintendent of common schools of this State at least as many circulars of information relative to said college as there are common school districts in said respective counties. Said circulars shall set forth in full the benefits of, methods of admission into, and the probable cost to beneficiaries of said college. The county superintendents of common schools shall have at least one of said circulars posted in the schoolhouse of each common school district in their respective counties during the term of the free school thereof. § 381. — All acts and parts of acts in conflict with this are hereby repealed.^ § 382. — That, as the difference in the cost of travel from differ- ent parts of the State practically operates as a difference in ad- vantages offered to different parts of the State, an emergency is declared to exist, and this act shall be in full force and effect from and after its approval by the Governor. (Approved May 9, 1893.) ^ 383.— $60,000 Appropriated to Agricultural and Mechanical College — That the sum of sixty thousand dollars, or so much as may be necessary therefor, be and the same is hereby appropriated for the purchase of ground and the erection thereon of a suitable building as a dormitory for young women students o'f the Agricul- tural and Mechanical College of Kentucky, and the equipment and furnishing thereof, which dormitory shall be capable of lodging and boarding comfortably one hundred and twenty-five persons; also, for the purpose of erecting and equipping a suitable building for military instruction, physical culture and .rooms for Young 150* School Laws of Kentucky, Men's Christian Association; also, for the erection and equipment of a suitable building for the use of the normal department and for the use of the academy; also, for the erection and equipment of a dormitory for young men students of said college ; also, for the pur- pose of erecting and furnishing an annex for the use of the engineer- ing departments of said college. § 384. — $30,000 for Women's Dormitory — Thirty thousand dol- lars of the sum appropriated under section 383 of this act is hereby set apart for the purchase of ground and erection of a dormitory for young women and for the equipment and furnishing of the same. Said building shall contain the necessary bed rooms, water closets, bath rooms, kitchen, store rooms, hall for physical culture with the necessary conveniences which should appertain thereto. Said women's dormitory shall not be situated on any part of the ground known as the College Campus. The title to said property shall be vested in the board of trustees of the Agricultural and Mechanical College of Kentucky. § 385. — The residue of the appropriation made by this act shall be used by the board of trustees of said college in erecting, equip- ping, and furnishing the other buildings set forth in section 383 of this act, and if the residue of the appropriation be not sufficient therefor, then it shall be expended in erecting and furnishing such of said other buildings as the board of trustees may think most necessary until said appropriation be exhausted. , § 386. — Women to Control Women's Dormitory — The board of trustees shall appoint three prudent, discreet, intelligent women; members in good standing of one of the religious organizations recognized by the laws of the United States, who shall constitute a board of supervision or control to manage and superintend, under the direction of the board of trustees, the dormitory for young women. The term of service shall be for six years; but the first ap- pointments shall be, one for two years, one for four years, and one for six years respectively, and thereafter, upon the expiration of their terms of service, one shall be appointed at the close of each biennial period to fill the vacancy. Provided, however. That the board of trustees shall have power at any time to remove any mem- ber of the board of control for reasons which they may deem suffi- cient and to fill the unexpired term by an ad interim appointment. Said board of supervision shall meet at convenient intervals for the School Laws of Kentucky, 151 transaction of business. They shall keep a record of their proceed- i; gs and submit the same to the board of trustees at their regular n eetings. Their receipts and expenditures shall be embodied in semi-annual reports to the board. They shall, when the dormitory is ready for the reception of students, submit to the board of trustees for their approval or to the executive committee, if the board of trustees be not in session, a body of regulations in relation to their administration of the business of the dormitory, and in relation to the conduct and discipline of its occupants. The mem- bers of the board of supervision or control shall receive no salary; but the necessary expenses, incurred in the discharge of their duties, shall be paid out of the funds set apart for the administration of the women's dormitory. § 387. — $2,000 Appropriated for Expenses of Women's Dormi- tory — The sum of two thousand dollars annually is hereby appro- priated to defray the running expenses of said women's dormitory, including fuel, lights, servant's hire, janitor, cooks, and the neces- sary expenses of the board of supervision or control as hereinbefore set forth. § 388. — Board in Dormitory — The rates of board charged young women shall be determined by the cost of provisions and their preparation and service, with no margin or profit. A small monthly fee may, however, be added to cover the wear and tear of kitchen, dining room, and bed-room furniture. § 389. — The duties of the board of supervision or control shall be concerned exclusively with the management of the women's dor- mitory and shall in no wise relate to the college privileges, duties and relations of the young women nor to the requirements of the faculty regarding their work or the discipline and control of the faculty over them as students. § 390.— The president of the college shall, as the representative of the board of trustees, have the same general authority in regard to the women's dormitory which he is expected and required to exercise over the interests all and singular of the college, and any occupant of said dormitory who may feel aggrieved by the act of the board of control or the subordinate appointees shall have the privilege of appeal to the president of the college, whose decision shall be final until the next meeting of the executive committee. § 391.— Students Appointed Have Preference in Dormitory— 152 School Laws of Kentucky, Women students attending said college as beneficiaries and ap- pointees of counties or legislative districts shall have preference for accommodations in said women's dormitory, and if the accommoda- tions of said dormitory are not sufficient for all such appointees, then the proper authorities of said college shall decide, in some way fair and equitable, who shall be entitled to said accommodations, all counties being given equal representation as nearly as possible. If any rooms in said dormitory remain after all such appointees are accommodated other female students may be allowed the use thereof, each county being given equal representation as nearly as possible. All rooms shall be assigned by lot three days after the session opens. Like rules and preferences shall be observed in regard to dormitory accommodations provided for men students at said college. All rooms shall be assigned by lot three days after the session opens. § 392. — Architect — Contract to Lowest Bidder — The board of trustees of said college shall appoint a competent architect or architects to prepare, under their direction, plans and specifications for the buildings aforesaid and shall contract with responsible parties for the erection and equipment of the same. All contracts under this act for material and labor, or for the erection of any and all buildings and improvements and for the equipment of the same for the purpose mentioned in this act shall be let to the lowest and best bidder, after the same is duly advertised by notice for ten successive days in the daily newspaper in the city of Lexington, Kentucky, having the largest circulation, or for four consecutive weeks in the weekly paper of said city having the largest circula- tion, in the judgment of the board of trustees ; the successful bidder in each case entering into bond to the Commonwealth of Kentucky for the benefit of said A. & M. College of Kentucky, in a sum not less than fifteen per cent, of the contract sum or price for the com- pletion of the work in the manner and within the time set out in the contract or contracts, and manner and time shall be fully and in detail set out in said contract. The money hereby appropriated shall be paid to the treasurer of the said college from time to time as the purchasing of land, erection of buildings and furnishing of same, as contemplated in this act, may require; and it shall be the duty of the auditor of public accounts to draw his warrant or war- rants upon the treasurer of the State in favor of the treasurer of School Laws of Kentucky, 153 said college for such an amount as the said treasurer of said college may certify to him, from time to time, is necessary and needed in carrying out the provisions of this act. § 393. — Trustees Must Report to General Assembly — Said board of trustees shall submit to the next regular session of the General Assembly an itemized account and statement of the expen- ditures made for the purposes herein named, which account and staterrient shall be properly certified and audited; and if any of the funds hereby appropriated remain unexpended after the additions and improvements to said college herein authorized have been made, the same shall be returned to the State treasurer by the said board of trustees. The annual appropriation made by this act for the benefit of the v^omen's dormitory shall be paid to the treasurer of said college upon warrant of the auditor to be used for the pur- poses specified. § 394. — Emergency — Whereas, it is necessary that the work on the buildings and improvements authorized by this act shall begin as soon as possible in order that said buildings and improvements may be completed and ready for use at the beginning of the next regular collegiate year of said college in September next an emergency is hereby declared to exist and this act shall take effect and be in full force from and after its approval by the Governor. (Approved March 21, 1900.) § 395. — $30,000 Appropriated for Young Women's Dormitory — That a supplementary appropriation of thirty thousand dollars be made to enable the trustees of the Agricultural and Mechanical College of Kentucky to build, complete and equip a dormitory or college home for young women, of such dimensions and equipment as will accommodate one hundred and twenty-five persons, and meet the other requirements of the General Assembly. § 396. — Money Paid on Warrant of the Auditor — The money hereby appropriated shall be paid to the treasurer of the said college from time to time as the erection, furnishing and equipment of the building may require; and it shall be the duty of the Auditor of Public Accounts to draw his warrant or warrants upon the treasurer of the State in favor of the treasurer of said college for such an amount as the treasurer of said college may certify to him from time to time to be necessary and needed in carrying out the provisions of this act. 154 School Laws of Kentucky, § 397. — Emergency — Whereas, It is necessary that the work on the building and purchase of equipments authorized by this act shall begin as soon as possible, in order that the said building may be completed and the equipment purchased and ready for use at the beginning of the next collegiate year in September, one thous- and nine hundred and two, an emergency is hereby declared to exist, and this act shall take effect and be in full for-ce from and after its approval by the Governor. Whereas, section fourteen of an act to provide for the efficient management and administration of the Agricultural and Mechanical College of Kentucky, approved May ninth, one thousand eight hundred and ninety-three, makes liberal provisions for the free tuition, free room rent, free fuel and lights and traveling expenses of beneficiaries appointed from the several counties of this Commonwealth as students in said college, thereby virtually bringing the college into every county thereof; and, whereas, said beneficiaries are to be appointed by the superin- tendent of their respective counties on competitive examinations at a time and place designated by the superintendents ; and where- as, it is the duty of the superintendents to place in every school house in his county circulars provided and furnished to him by said college, setting forth the benefits thereof, and method of ad- mission into the same ; and, whereas, by neglect in distributing said circulars of information, and failure to designate the time and place for holding competitive examination, many of the counties of the State are inadequately represented in said college, to the detriment and material loss of said counties; therefore, § 398. — Duty of County to Post Circulars — Each failure or neglect on the part of the superintendent of schools in any county in Kentucky to place in such school house in his county before the fifteenth of May, of each year, a copy of the circulars aforesaid, transmitted by the president of said college for the purpose afore- said, shall be deemed a neglect of duty; and for each offense an action may be maintained against such superintendent by the trustees of each school within the county where circulars have not been placed according to the law, and upon conviction thereof he shall be subject to a penalty of not less than twenty-five nor more than fifty dollars. Said action may be maintained in the courts of justice of the peace having jurisdiction in the school district or in the county court, and a like penalty shall be incurred by the 1 School Laws of Kentucky, 155 superintendent for the neglect of duty in appointing a time and place for competitive examination for the selection of beneficiaries in his county according to the provisons set forth in section fourteen of the aforesaid act, approved May ninth, one thousand eight hun- dred and ninety-three. By reason of many counties being deprived of the benefits of this college, because of the fact that county school superintendents in some counties having failed to make known the provisions of the law, an emergency is declared to exist and this act shall take effect from its approval by the Governor. (Ap- proved March 21, 1902.) § 399.— $15,000 Appropriated Annually to A. & M. College— That fifteen thousand dollars be, and the same is hereby, appro- priated for the current fiscal year and for each succeeding year, in order to liquidate the existing indebtedness of the Agricultural and Mechanical College and to provide additional income for meeting the annual expenditures of the said Agricultural and Mechanical College of Kentucky, and the same is directed to be paid annually by the treasurer of the State to the treasurer of the Agricultural and Mechanical College, upon warrant issued by the Auditor of Public Accounts, who is hereby directed to draw and issue said warrant for the purpose aforesaid. (Acts of 1904.) § 400. — Diplomas — A diploma from the A. and M. College of Kentucky, conferring the degree of Bachelor of Pedagogy, shall be sufficient evidence of qualification to teach in the public schools of Kentucky during the lifetime of the person upon whom such degree has been conferred, unless he or she shall cease to teach for five consecutive years. And no other certificate or license shall be re- quired of him by any board authorized by law to employ teachers for any of the public schools of Kentucky. (Acts of 1906.) § 401. — That the assent of the Legislature of this Common- wealth, be, and is hereby, given to the provisions of the act, entitled "An act to provide for an increased annual appropriation for Agri- cultural Experiment Stations, and regulating the expenditures thereof." That the Governor of this Commonwealth send a certified copy thereof to the Secretary of the Treasury of the United States. Whereas, the appropriation will cease upon the adjournment of the legislature unless this act be then in effect an emergency is hereby declared to exist and this act shall take effect and become a law from and after its passage and approval. (Approved March 11, 1908.) 156 School Laws of Kentucky, § 402. — Two Hundred Thousand Dollars Appropriated to State University — Additional Grounds May be Purchased — Architect may be Employed — Advertisement — Bond by Successful Bidder — Money — How to be Paid — Statement to be Submitted to General Assembly — That the sum of two hundred thousand dollars, or as much as may be necessary thereof, be and the same is hereby, ap- propriated for the benefit of the State University, Lexington, Ken- tucky, for the purpose of paying the outstanding indebtedness here- tofore incurred for the erection of necessary buildings and equip- ment of same on the grounds owned by the said institution, and for the erection and equipment of a suitable building for the de- partment of mining engineering, civil engineering and physics; also for the erection and equipment of a necessary addition to the chemical building, also for the erection and equipment of a neces- sary addition to the mechanical and electrical engineering building; also for the erection and equipment of a new dormitory for the accommodation of the male students of said institution. All of said buildings shall be erected upon the grounds owned by said institution, or upon such grounds as may be acquired by purchase by the board of trustees of said institution. If, in the judgment of the said board of trustees, the purchase of additional grounds may be necessary for the accommodation of the new buildings herein contemplated, or for the proper conducting of said institution, they may make such necessary purchase and pay for same out of the money herein appropriated. The title to such real estate shall be made and held by the Commonwealth of Kentucky for the use and benefit of said institution. The said board of trustees is vested with a sound discretion as to the order of construction and as to the location of the improvements herein set forth, or in giving prefer- ence to such other improvements as will best promote the interests of the institution, provided that the total expenditure shall not exceed the amount herein appropriated. The said board of trustees shall appoint a competent architect or architects to prepare, under their directions, plans and specifications for the buildings aforesaid, and shall contract with responsible parties for the erection and equipment of same. All contracts under this act for material and labor, or for the erection of any and all buildings and improve- ments, and for the equipment of the same for the purposes men- tioned in this act, shall be let to the lowest and best bidder, after School Laws of Kentucky, 157 the same is duly advertised by notice for ten consecutive days in a daily nev^spaper published in the city of Lexington, Kentucky, having the largest circulation, or for four consecutive weeks in the w^eekly paper published in said city which, in the judgment of the said board of trustees, has the largest circulation. The successful bidder or bidders in each case shall enter into bond to the Common- wealth of Kentucky for the benefit of said university in a sum not less than twenty-five per cent, of the contract sum or price for the completion of the work in the manner and within the time set out in the contract or contracts, and manner and time shall be fully and in detail set out in said contract. The money hereby appropriated shall be paid to the treasurer of said university from time to time, as the improvements contemplated in this act may require, and it shall be the duty of the Auditor of Public Accounts to draw his warrant or warrants upon the Treasurer of the State in favor of the treasurer of said university for an amount or amounts as the said treasurer of said university, countersigned by the president, may certify to him from time to time, is necessary and needed in carrying out the provisions of this act: Provided, however, That one-third of said appropriation shall be due and payable on Decem- ber 1, 1908, one-third thereof shall be due and payable on July 1, 1909, and one-third thereof shall be due and payable on July 1, 1910. Said board of trustees shall submit to the next regular session of the General Assembly an itemized account and statement of the ex- penditures made for the purpose herein named, which account and statement shall be properly certified and audited, and if any of the funds hereby appropriated remain unexpended after the additions and improvements to said university herein authorized have been made, the same shall be returned to the State Treasurer by said board of trustees. § 403. — $20,000 Appropriated Annually — Normal Department Eliminated — Certificates may be Granted — Sub-freshman Work Eliminated — That in order to provide additional income to meet the additional annual expenditures of said Institution the additional sum of twenty thousand dollars ($20,000) is hereby appropriated for the current fiscal year, and for each succeeding year for the benefit of the said State University and the same is directed to be paid by the Treasurer of the State to the Treasurer of the State University upon a warrant or warrants issued by the Auditor of 158 School Laws of Kentucky, Public Accounts, who is hereby directed to draw and issue said warrants for the purpose aforesaid. That the normal department of said university, as it now exists, be eliminated, and there be established instead thereof a department of education in said uni- versity, with collegiate rank, leading to the usual degree in pedagogy as maintained in other similar State institutions; that degrees of bachelor of arts in education, and bachelor of science in education conferred in this department shall, with the approval of the State Superintendent of Public Instruction, entitle the holder thereof to the privilege of teaching in the common schools and high schools of the Commonwealth without further examination, during life or good behavior. The diplomas granting degrees may be re- voked for cause by the said board of trustees or by the State Su- perintendent of Public Instruction. The board of trustees shall have power and authority, subject to the approval of the State Superintendent of Public Instruction, to confer, under its corporate seal, upon students of said department, the following certificates: 1st. An elemnetary certificate upon the completion of one year's work, which shall entitle the holder thereof to teach in any public school of this State for the period of two years from the date there- of, without further examination. 2nd. An intermediate certificate upon the completion of two years' work, which shall entitle the holder thereof to teach in any public school of this State for a period of four years from the date thereof without further examination. 3d. An advanced certificate upon the completion of three years' work, which shall entitle the holder thereof to teach in any public school of this State for a period of three years from date thereof without further examination, and if, at the end of three years, a teacher holding an advanced certificate shall present to the board of trustees which granted the same, satisfactory evidence of suc- cessful teaching during said period, and of good moral character, then the advanced certificate may be extended for life or good be- havior by said board, subject however, to the approval of the State Superintendent of Public Instruction, and it shall so be endorsed by the said board, and the holder thereof shall be entitled to teach in any public school in this State during good behavior, without further examination. The official endorsement of the State Super- intendent of Public Instruction shall be necessary to validate any of the said three certificates or extension thereof above named. Any School Laws of Kentucky, 159 certificate may be revoked for cause by said board of trustees or by the State Superintendent of Public Instruction. That from and after two years from this date all sub-freshman work shall begin to be eliminated as a part of the university curriculum, and such elimination shall progress as rapidly as the educational conditions in Kentucky will justify: Provided, however, Special courses may be given in any of the departments of the university, except that no sub-freshman normal instruction shall be given after September 1, 1908, in any department of the university or academy connected therewith. (Act approved March 16, 1908.) § 404. — Title Changed — That the institution founded under the land grant of 1862, by the Congress of the United States, and known hitherto under the corporate designation and title of "Agri- cultural and Mechanical College of Kentucky," be hereafter known and designated as the "State University, Lexington, Kentucky." § 405. — That the said State University be maintained by the Commonwealth with such endowments, incomes, buildings and equipments as shall enable it to do work such as is done in other institutions of corresponding rank, both under-graduate and post- graduate, and embracing work of instruction, as well as in original research. § 406. — Previous Acts Referred To — That all the acts of the General Assembly of the Commonwealth of Kentucky, making provision for the establishment, support and maintenance of the Agricultural and Mechanical College of Kentucky, heretofore en- acted, viz. An act appointing a commission for the location of the Agricultural and Mechanical College, approved March 13, 1878; an act locating and establishing the Agricultural and Mechanical College, approved February 6, 1880 ; an act incorporating the Agri- cultural and Mechanical College, approved March 4, 1880; an act amending the act of incorporation, approved April 23, 1880; an act of the General Assembly, approved April 29, 1880, and section 184 of the Constituiton of Kentucky, guaranteeing the validity of the tax levied for the benefit of the Agricultural and Mechanical Col- lege by said act, approved April 29, 1880; an act of incorporation, amending the acts of March 4, 1880, and April 23, 1880, approved May 9, 1893, an act for the maintenance of the girl's dormitory, approved March 21, 1900, and an act making an annual appropria- tion for the maintenance and support of the said college, which 160 School Laws of Kentucky, became a law March 26, 1904; and that all the acts of the Congress of the United States, creating and endowing colleges under the land grant of 1862, viz: The act providing for the establishing of the college for the benefit of agricultural and mechanical arts, ap- proved July 2, 1862; the act of establishing experiment stations, as departments of agricultural colleges, approved March 2, 1887; the act for applying a portion of the proceeds of the public lands to the more complete endowment of the colleges established under the act of July 2, 1862, which passed the Senate June 23, 1890; the act known as the "Adams act," further endowing experiment stations, passed by Congress March 16, 1906, an act known as the "Nelson act," for the further endowment of Agricultural and Mechanical Colleges, passed by Congress March 4, 1907, shall not be affected by this change of name, and the revenue accruing from these and from all other sources. State and Federal, shall continue to be paid over by the State and Federal authorities to the Treasurer of the State University, Lexington, Kentucky, for its use and mainte- nance, in accordance with the provisions of said acts of Congress and of the General Assembly of Kentucky. § 407. — Acts of Congress to be Carried Out — That the require- ments of the law of Congress, approved July 2, 1862, for the instruc- tion in those branches of learning relating to agriculture and the mechanic arts and to military tactics, shall be carried out fully, and that those branches shall continue to be integral and indispensable courses of instruction in the State University; and that, in addition to the other colleges of said university, one of the colleges shall be denominated the Agricultural College, and another the College of Mechanical Arts of the State University. § 408. — Department of Law Established — That a department of law, or course of instrutcion in the science of law leading to the degree of Bachelor of Laws, shall be established in said uni- versity. The course prescribed leading to said degree shall be of equal dignity and rank to that of other corresponding institutions. § 409. — Department of Medicine and Surgery Established — That a Department of Medicine and Surgery, or course of instruc- tion in the science of Medicine and Surgery, leading to the usual degrees conferred in such courses, shall be established in said uni- versity. The courses prescribed shall be of equal dignity and rank to that of other corresponding institutions, and that a diploma School Laws of Kentucky, 161 issued from this department shall be accepted throughout this State on equal terms with diplomas issued from other corresponding in- stitutions. <§ 410. — Appointment of Beneficiaries — Competitive Examina- tion — Duty of County Superintendent — That so much of the -law for the benefit of said college, designated as section 26, of the Ken- tucky Statutes, as applies to the manner of making the appoint- ment of beneficiaries to said college be stricken out, and the fol- lowing language be inserted instead thereof: "Each county in the State, in consideration of the incomes accruing to said institu- tion under the present laws, for the benefit of the said agricultural and mechanical college, be entitled to select and to send to said university each year one or more properly prepared students, as hereinafter provided for, free from all charges for tuition, matricu- lation fees, room rent, fuel and lights, and to have all the advant- ages of the said university and dormitory free, except board. Each county in the State shall be the unit of appointment, and each county shall be entitled annually to appoint to said university one white pupil for every three thousand, and one for each fraction thereof over fifteen hundred of white school children, based upon the last official census preceding said appointment: Provided, however. That each county shall be entitled to at least one annual appointment." So that said section, when amended, will read as follows : "Each county in the State, in consideration of. the in- comes accruing to said institution, under the present laws for the benefit of said agricultural and mechanical college, be entitled to select and send to said university each year one or more properly ])repared students, as hereinafter provided for, free from all charges for tuition, matriculation fees, room rent, fuel and lights, and to have all the advantages and privileges of the said university, one Avhite pupil for every three thousand, and one for each fraction thereof over fifteen hundred of white school children, based upon the last official census preceding said appointment: Provided, how- ever, That every county shall be entitled to at least one annual ap- pointment. Said students shall be entitled, free of any cost what- ever, to the benefits enumerated above for the term of years neces- sary to complete the course of study In which he or she matriculates for graduation, or during good behavior. All beneficiaries of the State who continue students for one consecutive, collegiate year, or 162 School Laws of Kentucky, ten months, unless unavoidably prevented, shall also be entitled to their necessary traveling expenses in going to and returning from said college. The selection of the beneficiaries shall be made by the superintendents of common schools in their respective counties, upon competitive examination, on subjects prepared by the faculty of the university and transmitted to said superintendents before the first day of June of each year. Said competitive examinations shall be open to all persons between the ages of fourteen and twenty-four years. Preference shall be given, other things being equal, to those who have passed with credit through the public school, persons of energy and industry, whose means are small, to aid whom in obtain- ing a good education this provision is intended. Said competitive examination shall be held, and the successful competitor appointed between the first day of June and the first day of August of each year. It shall be the duty of the county superintendent to make known the benefits of this provision to each common school district under his superintendency, with the time and place, when and where such competitive examination shall be held. He shall for this pur- pose, appoint a board of examiners, whose duty it shall be to con- duct the examination. This shall not interfere with any appoint- ment already made to said college." § 411. — Free tuition to Certain Students — That the board of trustees of said university may within their discretion, concede the privilege of free tuition to students who are preparing for the ministry in connection with any white religious denomination. § 412.— Bi-partisan Board after January 1, 1910.— That the board of trustees shall, from and after January 1, 1910, be bi- partisan, and the Governor, in making the appointments of trustees, shall so make them as to divide the representation upon said board equally between the two leading political parties of this Common- wealth, including the ex officio members; that the Superintendent of Public Instruction shall be ex officio a member of the Board of Trustees. § 413. — That the board of trustees have authority, out of the funds under their control, to expend an amount sufficient to meet the necessary expenses incurred in advertising and other necessary changes incident to the change of the style and title of the said institution. § 414. — Location Not Changed — That the location of the institu- School Laws of Ke^itucky, 163 tion established by the act locating the Agricultural and .Mechanical College of Kentucky, approved February 6, 1880, shall not be af- fected by this change of name. ^ 415. — That all acts passed by the Legislature of Kentucky, and all the regulations made by the board of trustees in pursuance thereof, for the government of the agricultural and mechanical col- lege, shall continue in effect and apply to the government of the State University, Lexington, Kentucky, except to the extent herein specifically set out. § 416. — That all students attending exclusively the law or med- ical department of the university shall pay the usual tuition fees. § 417.— County Certificates May be Issued to Students — That students, while attending the State University, may be examined for county teachers' certificates by the board of examiners of Fayette county, Kentucky, and on the dates provided in the com- mon school law for the examination of teachers. If such students are of the age and character required by law in the case of other candidates for county certificates, the county superintendent of Fayette county shall admit them to examination and shall collect from each the legal fee, with fifty cents additional. At the close of the examination the county superintendent shall transmit by registered mail the examination papers, together with the examina- tion fee, to the county superintendent of the county from which said candidate desires his certificate issued. The county board of examiners shall canvass the papers sent to them as above provided, and shall issue county certificates upon them upon the same terms and conditions as in case of candidates appearing in person for examination. § 418. — Whereas, the change of name of the Agricultural and Mechanical College to State University, Lexington, Kentucky, will necessitate immediate preparations and advertisement in order to begin university work by September, 1908, an emergency is hereby declared to exist, and this act shall take effect from and after its passage and approval. (Approved March 16, 1908.) J 64: Sell ool Lai vs of Ken t u ckif . CHAPTER XXIL KENTUCKY NORMAL AND INDUSTRIAL INSTITUTE. § 419.— Board of Trustees— Term of Office Three Years from July 1st.— Treasurer Elected Biennially— The State Normal School lor Colored Persons, established by an act of the General Assembly, approved May eighteenth, one thousand eight hundred and eighty- six, shall hereafter be under the conitrol and supervision of a board of trustees, composed of the Superintendent of Public Instruction, who shall be ex officio chairman of the board, and three intelligent and discreet persons, residents of Franklin county, to be appointed by the Governor subject to the approval of the Senate, who are hereby constituted a body-corporate, with power to sue and be sued, plead and be impleaded, and to hold in trust all funds and property now owned by said school, or which may hereafter be provided for it, and shall be known and designated as "The Board of Trustees of the Kentucky State Normal School for Colored Per- sons." The term of office of the three members appointed by the Governor shall begin on the first day of July, one thousand eight hundred and ninety-three, and one member thereof shall retire, as may be determined by lot, at the end of one year thereafter, one in two years, and the other in three years; their successors shall be appointed by the Governor for a term of three years ; they shall be subject to removal by the Governor for cause, and he is authorized to fill all vacancies occurring by death, resignation or otherwise. Said board shall adopt such rules for the government of said school, not inconsistent with law, as they deem proper, and shall supervise all its interests, provide for all its wants, confer weekly with the faculty, and require formal reports of the actual condition of the school in every regard. They shall biennially, beginning on the first day of July, 1893, elect some suitable person outside of their own number as treasurer, who, before entering on his duty, shall give bond in such a sum as they may prescribe, and they shall agree with him as to compensation: Provided, That in no case shall such compensation exceed one hundred dollars per annum. § .420. — Congress Act, July 2, 1862 — ^There shall be maintained School Laws of Kentucky. 165 in said institution a department for the education of colored stu- dents in agriculture and the mechanic arts, and for said purpose said board shall be entitled to receive an equitable division of the moneys arising from the sale of public lands, and appropriated to the State of Kentucky by an act of Congress, approved August 30, 1890, entitled "An act to apply a portion of the proceeds of public lands to the more complete endowment and support of the college for the benefit of agriculture and the mechanic arts, established under the provisions of an act of Congress," approved July 2, 1862. § 421. — Course of Study, &c. — Said board shall prescribe the course of study for the said normal school ; shall select the instruc- tors and fix their salaries, and shall determine the conditions, sub- ject to the limitations hereinafter specified, on which pupils shall be admitted to the privileges of the school. § 422. — Admission of Pupils — Any pupil to gain admission to the privileges of instruction in said normal school, shall be at least sixteen years of age, possess good health, satisfactory evidence of good moral character, and sign a written pledge, to be filed with the principal, that said applicant will, as far as practicable, teach in the colored common schools of Kentucky a period equal to twice the time spent as a pupil in said normal school, together with such other conditions as the board may, from time to time, impose. But no such pledge shall be required of pupils who matriculate in the departments of agriculture or mechanics. § 423. — Tuition — Tuition in said normal school shall be free to all colored residents of Kentucky who fulfill the conditions as set forth in the preceding section, and such other conditions as the board may require. The board shall fix the rate of tuition and the conditions on which pupils, who are residents of Kentucky, may be admitted to the privileges of said normal school. § 424. — Christian Morals — No religious tenets shall be taught in said normal school, but a high standard of Christian morality shall be observed in its management and, so far as practicable, shall be inculcated in the minds of the pupils. § 425. — Biennial Report — Annual Report — The board shall, in a body or by a majority of their number, visit said normal school once during each session, witness the exercises, and otherwise in- spect the condition of said school, and they shall make a biennial report to the Legislature, setting forth the financial and scholastic 166 School Laws of Kentucky. condition of said normal school, making such suggestions as in their opinion would improve the same, and in the years in which there is no session of the Legislature, they shall make their report to the Governor. ^ 426.— Appropriation $3,000— The sum of $3,000* shall be an- nually appropriated out of the State treasury to pay the teachers ?nd defray other necessary expenses in the maintenance of said normal school, which amount, together with the sum received under the provisions of said act of Congress, shall be set apart and be known and held as the colored normal school fund. This fund shall be paid out of the State Treasury only on the warrant of the Auditor, drawn on the order of the board. <^ 427. — Certificates of Proficiency — The board is authorized to grant, from time to time, certificates of proficiency to such pupils as shall have completed the prescribed course of study in any de- partment of the institution, and whose moral character and discip- Imary relations to said school shall be satisfactory. And such teachers as shall have completed the prescribed course of study in the normal department, and exhibited satisfactory evidence of abil- ity to instruct and manage a school, shall be entitled to diplomas appropriate to such degrees as the board shall confer upon them, which diplomas shall entitle them to teach in any of the colored common schools of this State. (Approved May 22, 1893.) § 428.— Change Title—The name of the State Normal School ft)r Colored Persons is hereby changed to that of ''The Kentucky Normal and Industrial Institue for Colored Persons," and its board of trustees shall be known as "The Board of Trustees of the Ken- tucky Normal and Industrial Institute for Colored Persons." § 429. — President — The presiding officer of the institute, who shall be selected by the board of trustees shall be styled the "Presi- dent of the Institute," and shall be the chief administrative officer of the institution under the control of the board of trustees, and be ex officio a member of the board of trustees, and hold his office indefinitely, at the will of the said board, but the superintendent shall have no vote in his own election or retention in office. § 430. — $15,000 Appropriated for Dormitory — The sum of fifteen thousand dollars is hereby appropriated for the purpose of building ■< dormitory for the use of the female pupils of the State Normal School for Colored Persons, to be paid by the Auditor of Public School Laws of Kentucky. 167 Accounts out of any money in the treasury not otherwise appro- priated on the written order of the chairman of the board of trus- tees, as the work progresses. § 431. — $5,000 Appropriated for Support — The further sum of five thousand dollars annually is hereby appropriated for the sup- port and conduct of said institution, to be paid by the Auditor of Public Accounts out of any money in the treasury not otherwise appropriated, on the written order of the chairman of the board of trustees at the same time the other annual appropriation is paid. (Acts 1902.) § 432. — The sum of twenty thousand dollars be appropriated for the Kentucky Normal and Industrial Institute for Colored Per- sons from any funds in the Treasury not otherwise appropriated, for the accomplishment of the aforementioned purposes, to-wit: The completion of a girls' dormitory with satisfactory and econo- mical plan of heating and lighting; the providing of water for ordinary use and for fire protection; the providing for industrial training to the end that the colored youth of the Commonwealth may be trained into industrious habits and useful trades, as the trustees of the instituion may, in their wisdom, decide best and most practical. (Approved March 20, 1906.) § 433. — $40,000 Appropriated for Buildings, &c. — The sum of forty thousand dollars, or as much as may be necessary thereof, be, and the same is hereby, appropriated for the benefit of the Ken- tucky Normal and Industrial Institute for Colored Persons, Frank- fort, Kentucky, for the purpose of paying the outstanding indebted- ness heretofore incurred in the purchase of agricultural lands ; also for the erection and equipment of an auditorium and practice school ; also for the erection and equipment of a mechanical shop ; also for the erection and equipment of electric light and heating plants, and for the further extension of the water system of said institution. § 434. — Additional Grounds May Be Purchased — If, in the judg- ment of the said board of trustees the purchase of additional grounds may be necessary for the accommodation of the new build- ings herein contemplated, or for the proper conducting of said in- stitution, they may make necessary purchase and pay for the same nut of the money herein appropriated. (Approved March 18, 1908.) § 435.— Appropriation for Buildings $6,800. — Annual Appro- 168 School Laws of Kentucky, priation $3,000 — That there is hereby appropriated out of the gen- eral revenue of the State for the benefit of the Kentucky Normal and Industrial Institute for Colored Persons at Frankfort, Ken- tucky, the following named sums for the specific purposes named and set out herein, as follows : For the purpose of heating the ad- ministration building and purchasing appropriate apparatus for same, the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated. For the purpose of seating the auditorium in the ad- ministration building, the sum of Sixteen Hundred Dollars ($1,- 600.00) is hereby appropriated. For the purpose of furnishing the President's offices, the sum of Two Hundred Dollars ($200.00) is hereby appropriated. For the purpose of furnishing and equipping the sewing department, the sum of One Hundred Dollars ($100.00) is hereby appropriated. For the purpose of furnishing and equip- ping the cooking department, the sum of One Hundred and Fifty Dollars ($150.00) is hereby appropriated. For the purpose of fur- nishing and equipping one room for the model school, the sum of Fifty Dollars ($50.00) is hereby appropriated. For the purpose of equipping the printing department, the sum of Two Hundred Dol- lars ($200.00) is hereby appropriated. For the purpose of equipping the mechanical department, the sum of Two Hundred Dollars ($200.00) is hereby appropriated. For the purpose of equipping the agricultural department, the sum of Two Hundred Dollars ($200.- 00) is hereby appropriated. For the purpose of equipping the library, the sum of One Hundred Dollars ($100.00) is hereby a])- propriated. WHEREAS, There are now valuable buildings, equip- ment and other property without any maintenance fund for the care, growth and development of the institution, the sum of Three Thous- and Dollars ($3,000.00) is hereby annually appropriated for this purpose. (Acts of 1910.) School Laws of Kentucky, * 109 CHAPTER XXIII. ABSTRACTS OF DECISIONS OF THE COURT OF APPEALS, OPINIONS OF THE ATTORNEY-GENERAL, AND RULINGS AND BULLETINS FROM THE DEPARTMENT. Common Schools — The school fund cannot be applied by the Legislature to any schools except those actually taught by teachers (|ualified according to law to teach in districts laid out by authority (>{ the school laws, and under the control of trustees elected under those laws, which all white children in the district within a specified age are privileged to attend. 1874. Collins v. Henderson, &c., 11 r,iish, 74. Normal Schools — No appropriation for the support of normal schools can be constitutionally made out of the school fund. 1874. Collins V. Henderson, &c., 11 Bush, 75. Taxation — In general, taxation must be equal and uniform, but ^^ here the benefits are special and peculiar, those alone who receive the benefits may be made to pay the tax. 1874. Marshall v. Dono- van, &c., 10 Bush, 691. Taxation — Irregularity in Election — Where a tax in aid of com- mon schools has been imposed pursuant to an election held for that ]4irpose, the burden is on the taxpayer, who resists the collection of the tax, to show that it is void. A mere irregularity in con- ducting the elction will not authorize the chancellor to interpose, 1881. Trustees, &c., v. Garvey, MS. Opinion. Definiteness — A tax of twenty-five cents on the hundred dollars is sufficiently definite. lb. Decision of County Superintendent — The decision of the county superintendent is conclusive, and can not be disturbed by court except upon the ground that he was influenced by improper motives. 1890. Brinsore v. Cottenham, &c., Ky. Law Rep., 720. Teacher Compelled to Report — The teacher of a district school may by mandamus compel the trustee to make to the commissioner the report necessary to enable the teacher to get his wages from the vState. The fact that the trustee may be indicted for a failure to report, and is liable in damages to any one injured l.:)y failure, does 170 School Laws of Kentucky, not exclude the remedy by mandamus. (1885. Jones, &c., v. Strange, MS. Opinion.) Attachments of Teachers' Salary — Money due a common school teacher can not be attached in hands of commissioner. 1871. Tracy, &c., V. Hornbuckle, &c., 8 Bush, 336. 1879. Allen, &C.7 v. Russell, &c., 78 Ky. 116. Power of Legislature over School Fund — ^The General Assembly has no power to devote any portion of the school fund to the pay- ment of teachers not acting under the control or supervision of the officers of the common schools. 1872. Halbert v. Sparks, 9 Bush, 262. Taxation — Trustees must make a record of all taxes levied when the levy is ordered, and make a record of every step taken. David- son V. Sterett, Superior Court, March, 1892. School Fund — Legislature Can Not Divert — A private academy was authorized to admit such pupils from the common school dis- trict as would pay tuition, and then collect the pro rata of these pupils from the State school fund ; and also to exempt such persons as patronized the academy from strict taxation. Held — That the act was unconstitutional and void. Underwood v. Wood, Co. Supt., Ky. Appellate Court, May 5, 1892. Titles to Lands — Trustees accepted the donation of land, with reversionary interest in donor, in case the land should ever cease to be used for school purposes ; and levied a tax to be used to build a school house on the land, but exempted the donor of the land from this tax. A taxpayer in the district resisted the payment of his taxes because the trustees had not a fee-simple title, and because they exempted the donor from taxes. Held — That neither .plea was good, and he must pay his taxes. John Goss v. Trustees of Dist. 25, Fayette County, Superior Court, April, 1893. Condemning Land for School House — The trustees of District 7, Letcher county, selected a site for school house ; the owner would not sell; they applied to the county judge for a writ to condemn the land for school purposes; the owner answered that the land was not at the center of district, and was set in fruit trees and in use as an orchard; the county judge refused to issue a writ to condemn the land, and the trustees appealed to the Circuit Court and asked for mandamus to compel the county judge to issue the writ. Held — that the decision of the county superintendent as to the site of School Laws of Kentucky. 171 a school house, though final as to contention of certain parties in the district, does not affect the rights of the land owner; that the county judge, acting in a judical capacity, had the right to refuse -the writ, and that mandamus was not the proper proceedings to set aside his decision. Wright, Trustee, v. Baker, County Judge, Ken- tucky Appellate Court, May, 1893. Elections — The petition to be directed to the county judge pre- liminary to the calling of an election taking the sense of the voters of a proposed graded school district upon the proposition whether or not they will vote an annual tax for school purposes, should be filed with the county judge in term time, and the election therein provided for should not be ordered till the next regular term of the county court. 99 Ky., 11. School Taxation — The common law provides that the railroad tax shall be apportioned between the white and colored schools in the same district, but this provision has no application to the tax upon the property of any other corporation. In the taxation of private corporations for the support of graded schools the stock owned by colored persons is liable to be taxed only for colored schools, and that owned by white persons only for the white schools. An agreement between the trustees of the white and the colored schools, respectively, for an apportionmnt of the taxes in any other manner than that required by the shcool law is a nullity. 18 Ky. Law Rep., 103. Not Subject to Assessment For Street Improvements — The property of the Louisville School Board, held by it for the use of the State to carry on this system of common schools established under the Constitution, can not be subjected to pay assessments for the cost of street improvements, as to subject it to such assess- ment would be to appropriate the property to another purpose than that of the school system, which is forbidden by the Constitution. Liability for Work Contracted — The city having the authority to contract for the work, but no authority to make it a charge upon the abutting property which belonged to the school board, it was liable to the contractor for the cost of the work. 18 Ky. Law Rep., 124. School Elections — As the charter of cities of the fourth class does not prescribe the secret ballot in the election of members of the board of education, the voting should be viva voce, and those 172 School Laws of Kentucky. who are qualified to vote under the general law may vote. 1897. 43 Southwestern Reporter, 421. Common Schools — State Fund — Ky. Stat. Sec. 4432, provides that a city which maintains under special law, an adequate and free system of schools, is entitled to a portion of the common school fund. Ky. Stat. Sec. 4433, provides that the general law does not affect special laws except as to teachers as specified in Ky. Stat. Sec. 4428, which section provides that "no district'' shall include more than 100 pupils, unless it contains a city, ... or there be established therein a high school, academy, or college entitled to a share of the revenue of the common school fund," in which "cases the teacher or teachers of such high school, academy, or college having charge of common school pupils shall hold certifi- cates and be subject to all the common school laws. Held — That unless teachers employed by a city maintaining a school system under special law conform to the common school standards of effi- ciency, or hold certificates under and are subject to the common school laws, the city is not entitled to a proportion of the common school fund. 19 Ky. Law Rep., 466; 38 S. W. Rep., 1066. Tax Exemption — The intent and spirit of an act of the General Assembly providing a tax upon property owned by white persons in a designated territory for the purpose of maintaining a graded school for white pupils, is manifestly to tax all property save that of black persons; therefore, a corporation seeking an exemption from the tax must show that its corporators and stockholders, who are the real owners and are persons having color, are black persons. Corporation — A corporation is an inhabitant within the meaning of an act taxing the property of inhabitants, and the property of cor- porations may be taxed under an act which authorizes the taxation of the property of persons. 16 Ky. Law Rep., 283. School Laws of Kentucky. 173 OPINIONS OF COURT OF APPEALS. An act making the regulations as to what children should go on the pupil list in cities of the first class different from that pro- vided by the common school law is in violation of the constitution. The salary of a county superintendent is not subject to the pay- ment of a judgment against him. Members of the county board of examiners are removable at the discretion of the county superintendent without assigning any cause. A county superintendent has no right to interfere with the elec- tion of a teacher. A county assessor has no power to assess railroad property for taxation for school purposes. A verbal resignation of a school trustee is illegal. A board of education of a city elected by secret ballot was a mere irregularity and does not invalidate the election. A county superintendent has no authority to try charges against trustees of graded common schools. The entire management of graded common schools is left with the five trustees. The board of education of a city of the second class has no authority to petition county court to submit question as to issuing bonds for school purposes and levying a tax. The levy of taxes in second class cities for school purposes should be only for fiscal year ending December 31. The vote for a tax for a graded school district should be can- vassed by the election commissioners and not by the county judge, clerk and sheriff. Persons in charge of public schools have authority to control and expel pupils, and the courts will not interfere with their authority unless the power is exercised arbitrarily or maliciously. Lands lying within boundary of graded school districts are liable for taxation, although the owner resides outside of the district. 174 School Laws of Kentucky. Such land is not liable for taxation in common school district where owner resides. A tax levied for school purposes can not be diverted for the purpose of establishing a public library, and is unconstitutional. (24 R., 98.) An order for holding an election to estabHsh a graded school district is valid, although it contains a clerical misprision, the cer- tificates of commissioners who counted the vote is sufficient and the regularity of such election is presumed. (24 R., 164.) A mandamus lies to compel board of commissioners to issue a certificate to a teacher, but does not lie to fix average of teacher. (24 R., 835.) Taxes raised under special act for benefit of a district school for whites must be distributed pro rata between white and colored schools under general law. (24 R., 1421.) It is proper to hold an election for organizing a graded common school on a day other than a regular election day, and such election shall be held viva voce. A payment of three per cent, of school fund of cities of second class for the benefit of a public library is unconstitutional. (25 R., 341.) Under the provisions of section 4409 of the Kentucky Statutes, requiring a county school superintendent to make a settlement of his accounts as such officer with the county judge annually on or before the first day of August, such an officer, who disregards the statute and refuses to make a settlement until after that date, for the reason as alleged, that he has lost two receipts for money paid out, and is waiting to obtain duplicates, is guilty of wilfully failing to settle and is liable to a penalty imposed by that statute. (25 R., 669.) A child whose parents reside outside of a city and who lives in the city with a relative, is not entitled to attend the public school without the payment of tuition, where her residence with her relative is merely voluntary and in no way binding either on her or her relative. (25 R., 723.) An election held for the establishment of a graded school district is void, if the petition for some of the voters fails to fix the location of the school house. (25 R., 307.) - . A teacher in a common school can not be required to teach ScJiool Laws of Kentucky. 175 special studies not provided for by the State Board of Education without additional compensation, unless so provided for in her con- tract to teach said school. (27 R., 967.) The petition authorized to be filed by section 4464, Kentucky Statutes, asking that an election be held to change a common school district into a graded school district, shall be filed in the county court in term time, and the order for an election be made at a sub- sequent term. (27 R., 1308.) An incorporated school district may bring an action for delin- quent taxes. (27 R., 160.) A tax collected by a city for school district v^hich it forms must be appropriated to school purposes alone. (27 R., 697.) In an action to enforce the collection of a school tax every act required by law to be done must be specifically pleaded. (27 R., 991.) Where the trustees of a graded common school district have, by mistake, made a levy upon property not in the district and col- lected the tax, they may make a levy as in other cases provided for by statute for the purpose of raising money to return the tax so collected by mistake. (28 R., 162.) The city of Latonia having become a fourth class city, and the City Council having adopted an ordinance establishing a system of public schools for the city, it was the duty of the trustees of the graded school district to surrender the school property to the Board of Education of said city. (29 R., 391.) A teacher did not sign the contract as teacher, but it was held valid because her name was signed to it by her authority; she was only a day or so late in reaching the school, which delay was due to floods. The meeting of the trustees at the time of her employ- ment was regularly held and the corporation was therefore bound by it. An injunction was the proper remedy for her to exercise to prevent another from teaching the school, and the only way by which she could obtain relief. (30 R., 179.) Normal schools are among the institutions for which, under the provisions of section 184 of the Constitution, the Legislature is authorized to make appropriations for without submitting the ques- tion to a vote of the people, and the Act of March 21, 1906, must be held valid. (31 R., 79.) Where a lot was donated to a school district by the owner, who 176 School Laws of Kentucky. gave the trustees a title bond therefor, which provides that "if the trustees fail to maintain a common school thereon, it should revert to the owner," on which the trustees erected and maintained a school house for thirty years, with the exception of a few years' intermission. The owner of the land surrounding the school house sold and conveyed it, without excepting the lot in his deed to the purchaser. Held — That the title as well as the possession of the lot was in the school district, as set out in the title bond. (31 R., 287.) The domicile of the father is the domicile of his infant children, and where the father resides in a school district his children within school age should be included in the census for that district though they may be temporarily out of the district. (31 R., 633.) An appeal involving the right of the trustees of the town of Hodgenville to sell the school house which had been built by taxa- tion pursuant to a vote of the citizens of the town, to the graded common school district trustees, such school having been created by a vote of the people. Held under section 3660, Kentucky Statutes, the board of trustees of the town had the right to sell this property, and that they could use their discretion as to the terms of the sale. (32 R., 716.) OPINIONS OF THE ATTORNEY-GENERAL. Certificates — When to Renew — Certificates must be renewed while they are in force and not after they expire. A document that is dead can not be brought to life. A certificate that expires Ma}^ 24, 1908, can not be renewed by the County Superintendent on May 25, 1908, and the same is applicable to State certificates when renewed by the Superintendent of Public Instruction. A first class certificate is good for four calendar years. If the Legislature had intended school years they would have used the term, and in the absence of some qualifying word, the word "year" as used in the Statutes means 365 days. TOM B. McGregor, Assistant Attorney General. School Laws of Kentucky. 177 County Examiner — The office of teacher is not incompatible with the office of County Examiner. A teacher can be a member of the County Board of Examiners if she holds a first class county certificate, or State certificate, or State diploma, or is a college graduate. TOM B. McGregor, Assistant Attorney General. Denominational Schools not Combined With Public Schools — Under Sections 5 and 189 of the Constitution, followed by Section 4368, Kentucky Statutes, it is our opinion that no consolidation of any common school with any sectarian school can ever be accom- plished, and that no State fund must go out to the aid of any such school, and that no connection or combination, be it called Common School, High School, Graded School, College or University, can be had blending with any denominational school. The American idea has always been a complete separation of Church and State, in order that we might have the constitutional guaranty of freedom of conscience in the worship of God. TOM B. McGregor, Assistant Attorney General. Subdistrict Trustees — Election — Under the new school law the following paraphernalia is necessary for the election of subdistrict trustees. A ballot furnished by the County Clerk, and all that is necessary to be printed upon this ballot is the names of the trustees to be voted for, if petitions have been filed with the clerk the proper time. A ballot box with lock and key should be provided, not necessarily a regular election ballot box, but one large enough for the needs of the subdistrict. A sheet upon which the returns of the election must be certified and returned to the County Super- intendent, and kept by him until finally destroyed. The election officers are notified by the county sherifif, and the pay for his ser- vices is to be had out of the county revenue fund. All expenses for the holding of subdistrict trustee elections should be paid by the Fiscal Court. TOM B. McGregor, Assistant Attorney General. 178 School Laws of Kentucky. Vaccination — The power to carry out enforced vaccination of school children is derived from what we call the police power of the State, which power is lodged in the Legislature, and this body has the power to pass any law concerning the regulation of its police matters as long as they are within reason. County Boards of Health are given power under certain acts of the Lc;gislature to control vaccination of any and all persons, to keep down the spread of infectious diseases. If vaccination of school children is neces- sary, the County Board of Health has power to enforce this regula- tion. Nothing can stand in the way of its reasonable enforcement. TOM B. McGregor, Assistant Attorney General. County Board of Education — Power to Borrow Money — Under Sub-sections 11 and 12 of Section 4426a, Kentucky Statutes, County Boards of Education have the implied authority to borrow money or contract other indebtedness for school purposes, not to exceed the anticipated revenue for school purposes for the current fiscal year. TOM B. McGregor, Assistant Attorney General. Teachers Must Hold Certificate of Qualification — No part of the State school fund can be paid to any teacher for any service ren- dered as a common school teacher in the public schools of this State, unless she possesses a certificate of qualification, properly issued by the County Board of Examiners, local Boards of Educa- tion, or other authority authorized by law to grant certificates of qualification. Nor can such person be employed by any Division Board, or other school authority with power to contract, as a public school teacher, and no contract can be entered into with any person unless she holds a certificate of qualification at the time of the making- of the contract. TOM B. McGregor, Assistant Attorney General. Superintendent of Public Instruction — Power to Withhold School Fund for Non-compliance of Law — I am of the opinion that where it is made the duty of the county, city, district, Board of School Laws of Kentucky. 179 Education, Board of Trustees or any school officer, high or low, or teacher in any school, to do or not to do certain things, by any valid act of the Legislature pertaining to the common, school sys- tem, and a refusal or non-compliance of that law is had upon the part of any of these parties, the Superintendent of Public Instruc- tion has the power, and should, withhold any portion of the public school fund that may be due the said party, until a compliance of the law is had. TOM B. McGregor, Assistant Attorney General. Bond Issue in Graded School District — When Vote May Be Taken — It is the opinion of this Department, after a careful review of Article 10 of Chapter 113, Kentucky Statutes, that the Board of Trustees of a graded common school district may within a period of less than two years hold more than one election upon the proposition for the issuing of bonds of the district for the purpose of providing funds for purchasing suitable grounds and buildings, or for erecting or repairing suitable buildings, and for other ex- penses needful in conducting a graded common school district. TOM B. McGregor, Assistant Attorney General. Institutes — When To Be Held — It is our opinion that no Coun- ty Teachers' Institute can be held legally during the month of June, 1909, for the school year beginning July 1, 1909, and ending June 30, 1910. The institutes must be held between the first day of July and the first day of November, as required by the statute. TOM B. McGregor, Assistant Attorney General. Subdistrict Trustees — Vacancies — How Filled — Vacancies in the office of subdistrict trustees should be filled by appointment or election by the Division Board of Education for the full term of the vacancy. TOM B. McGregor, Assistant Attorney General. Teachers — Election of — Tie Vote, Etc. — A teacher must be 180 School Laws of Keniuchy. elected by a majority of all the members of the Division Board, as provided for in Subsection 6 of Section 4426a. The County Super- intendent can in no way act as a member of this board in the selec- tion of teachers, and in case of a tie he could not cast the deciding- vote. TOM B. McGregor, Assistant Attorney General. Teachers — Date of Election — Legal — Where teachers are selected by the Division Boards on the last Saturday in June, and a vacancy thereafter occurs by the teacher resigning, or from other cause, the Division Board may be convened at any time by the cnll of the chairman to fill the vacancy thus caused, but w^here a failure to elect a teacher on the last Saturday in June occurs, the last Saturday in July follow^ing is as early as an election can be held for a teacher for that place. It is not a vacancy, but a failure to elect. TOM B. McGregor, Assistant Attorney General. Graded School Trustees — Vacancies — How Filled — Where a vacancy occurs by the removal or resignation of a graded school trustee, same is to be filled by election of the remaining members of the board. A County Superintendent has no authority to remove a graded school trustee, and if guilty of misfeasance or malfeasance in office, he may be removed by way of indictment and prosecution. TOM B. McGregor, Assistant Attorney General. Removal of Teacher — Low Attendance at School — Section 4447, Kentucky Statutes, provides that a teacher may be dismissed if the percentage of attendance in the district falls below twenty-five per cent, of the total number of pupil children therein. It is the opinion of this Department that any attempt upon the part of patrons of a subdistrict to withhold pupils from attending the sessions of school in the district, for the purpose of lowering the percentage of at- tendance so as to dismiss the teacher, is in manifest violation of the statute, and the non-attendance of pupils is not a sufficient cause School Laws of Kentucky. 181 to authorize the dismissal of the teacher. The meaning of the statute is to give the teacher a fair and square chance to do her duty. If she fails in doing it, and the attendance decreases on this account, she should be dismissed. TOM B. McGregor, Assistant Attorney General. Corporal Punishment — There is no law in this State prohibiting corporal punishment of pupils in the public schools. Of course, an unreasonable infliction of punishment upon a child is never per- mitted, and the inflictor would be both civilly and criminally liable. TOM B. McGregor, Assistant Attorney General. Sheriff's Fees For Collecting County School Tax— Sheriflf's fees for collecting the county school tax must be paid out of the county revenue, and not from the revenue for school purposes. Every dollar that is collected for county school purposes must go to the treasurer of the County Board of Education. TOM B. McGregor, Assistant Attorney General. County Superintendent's Salary — Extra Pay as a Member of the Board — The County Superintendent does not receive a salary of three dollars per day when acting as chairman of the County Board of Education. He is a member by virtue of his office. The ether members are entitled to their per diem. TOM B. McGregor, Assistant Attorney General. Incompatible Offices — No person who is a trustee of a common, jLjraded common, or city school can hold at the same time any office of trust or profit of the Federal, State, county or municipal govern- ment, nor a deputy of any such office. These offices are incompat- ible with the position of school trustee of the schools named. TOM B. McGregor, Assistant Attorney General, County High School — Establishment of With Graded School — 182 School Laws of Kentucky. Under authority of Sub-section 8 of Section 4426a, Kentucky Stat- utes, the County Board of Education in each county has the au- thority to contract with the Board of Trustees of any graded com- mon school in the county for the purpose of placing therewith the County High School or County High School pupils, if ^uch graded school meets the requirements of the State Board of Education as a high school. TOM B. McGregor, Assistant Attorney General. Railroad and Bridge Taxes — To Whom Paid — Fees For Collec- tion — Taxes against any railroad or bridge company levied in any common school district are to be paid to the sheriff of the county, who shall receive the ordinary collecting statutory fees for collect- ing same, and when collected must be by him paid over to the County Superintendent under the provisions of Sections 4100, 4101 and 4129, Kentucky Statutes. TOM B. McGregor. Assistant Attorney General. School Laws of Kentucky. 183 OPINIONS OF THE COURT OF APPEALS. The County School Superintendent has power to canvass the returns and decide the vote on a school election in a graded school district for the issuance of bonds to raise money for school purposes. McGinnis v. Board of Trustees, &c., 108 S. W., 289. Trustees (or other governing body) of a school district or districts can only bind the district by a corporate meeting held as provided by lavv^, and the acts must be valid acts of that body. Cooke et al v. District No. 7, &c., Ill S. W., 688. An order by the County Superintendent of Schools that school districts shall be so changed as to include a specified person in District No. 42, and exclude him from District No. 47, changed the boundary between the two districts so as to include such per- son's farm in its entirety within District No. 42, transferring his tenants to that dristrict. Farmer v. Pace, 116 S. W., 324. An election to establish a graded school district is not invalid because certain persons not qualified were permitted to vote where the result of the election would not be affected if all of the objection- able votes were deducted from those received by the prevailing side. It is the policy of the law to uphold elections for the purpose of advancing the educational interests of the children of the State, and not to annul them for light and trivial causes ; and mere irregu- larities in the conduct of an election, which do not deprive the citizens of the full and fair opportunity of exercising their right of suffrage in regard thereto, are not sufficient to annul the election. Taylor v. Sparks, 118 S. W., 970. The Sullivan School Act of March 24, 1908, is constitutional and it is mandatory upon the Fiscal Court to levy a school tax for the amount asked for by the County Board of Education. Prowse, &c. V. Countv Board of Education, 120 S. W., 307. 184 School Laws of Kentucky, Section 4464, Kentucky Statutes, providing that no point on the boundary of the proposed graded school district shall be more than two and one-half miles from the site of its proposed school house, &c., when considered in connection with Section 4481, au- thorizing the trustees to order an election to submit ^the question of the issuance of bonds to provide grounds and buildings, &c., and Section 4439, authorizing proceedings to condemn a site for a school house not exceeding one acre, requires that the two and one-half mile boundary of a graded common school district shall ])e measured from the outer boundary of the site of the school build- ing, provided the site does not exceed one acre. Clear Springs Dis- tilling Co. V. Board of Trustees, 122 S. W., 527. The effect of the prohibition of the Act of 1908, in re-enacting Sections 4464-4500a, Kentucky Statutes, as a part thereof, graded school districts operating under special charter or established by popular vote, remain unaffected by the Act of 1908 in their boun- daries, government and regulation ; but under the Act of* 1908, pro- viding that all resident males over twenty-one years of age shall have the right to vote at elections, women are no longer entitled to vote in graded common school elections. Jeffries, &c. v. Board of Trustees, 122 S. W., 802. RULINGS OF THE DEPARTMENT. When a graded common school district is established it becomes a permanent corporation. The petition to the county judge asking for the order of election can not limit the time the proposed graded school district is to exist. The organization of a graded school dis- trict, authorizing the trustees to levy a tax not exceeding the sum named in the petition, does not make the levying of the tax obli- gatory on the board ; it merely clothes them with the power to levy each year. They may reduce the amount of the levy any year, or may remit it entirely for any year. The failure of a teacher to attend the county institute does not forfeit the certificate, but merely renders it forfeitable in case no School Laics of Kentucky. 185 legal excuse is given. Before a certificate is revoked for a failure to attend the institute the teacher should be given notice to appear and show'cause, if he can, why the certificate should not be revoked. An applicant for a certificate must be not less than eighteen years of age at the time he takes the examination. The examinations for common school graduation provided for under Section 7, School Law, must be held on prescribed days in January and May — not on other days, nor in other months. The questions must be prepared for these special days by the State Board of Examiners — not by superintendents or teachers, nor can the questions be given out on other dates. The examination must be conducted by the County Board of Examiners and cannot, there- fore, be conducted at various places by various persons. My opinion is that these examinations are to be held under the same general restrictions as the examinations of teachers. State Diplomas and other certificates of qualification to teach are to be granted upon a personal examination only, and on the days specified in the law. No special examinations will be au- thorized. Certificates must be renewed while they are in force — not after they expire. There is no provision in the law for a ''supplementary check" to cover errors in the census. A teacher is paid for Institute week only in case the teacher is ill actual attendance during the entire session and the Institute is held during the session of his school — not otherwise. All matters of difference and doubt touching the administrative duties of officers and teachers of the District and Graded Common Schools of a county are to be decided by the County Superintendent. The County Superintendent is urged to meet disputed questions squarely and to decide them promptly and in conformity to law. Such decisions must be in writing, and copies of them should be kept on file. Appeals can then be taken to this office if desired, but not until the County Superintendent has rendered an opinion as noted. INDEX Page ACCOUNTS— Kept by Supt. of Public Instruction 13 ABSTRACTS— Of Court of Appeals, Decision 173, 183 AFFIDAVIT— Of Examiners 28 AGRICULTURAL AND MECHANICAL COLLEGE— (See State University.) Tax to remain until changed by law _■ 1 APPLICANT— To possess good moral character i 29 ASSISTANT TEACHER— May be employed 5 Qualifications 5 Salary 5 ATTORNEY-GENERAL— Opinions of 176 Opinion of to be filed 14 To advise Supt. of Public Instruction 14 AUDITOR OF PUBLIC ACCOUNTS— To distribute school funds 9 To furnish data to ascertain per capita 7 To transfer Dog Tax Fund to County School Fund 10 BALLOT— Names printed on 45 Paid for by v^hom 45 Shall not contain what 45 Shall provide what 45 Trustee election by 45 Who to furnish 45 BIENNIAL REPORT— Number, etc. 13 Of iSupt. of Public Instruction 13 To be furnished General Assembly 13 188 Index Page BLANKS— Supplied by State Superintendent and Teachers — 35 BONDS— Contractors for text books to give^ 39 To be approved by Attorney-General • 39 Graded School — How issued 61 Interest on limited 67 Provisions concerning 67 Recover on 39 BOND OF COMMONWEALTH— To issue 1,6 BOOKS— Certain kinds not allow^ed where 74 For county library 74 BOUNDARIES- Changed by whom 45 Change of in graded schools powers of Trustees 55, 68 New, in graded schools 54 Of educational divisions ^ 45 Of Graded Schools- Change of 55,68 Include what ,__, 55,68 How established 55,68 Of Graded Schools in Territory with Adjacent County — Established how 55 Change of 55 Limits 55 BY-LAWS— Of graded school Trustees 59 CAMPAIGN FUND— Contractors of text books not to subscribe to penalty 43 CENSUS— Compensation of Trustee 48 County Supt. to take — when 20 Cost paid by county 20 To recover same from Trustee 20 Salary of County Supt. based upon 26 Time of taking 20 Index 189 Page When taken 48 Who to take 48 CERTIFICATES— Access to questions 27, 33 Drunkenness of applicant, etc. 27, 33 Grades of, in common schools 27, 33 Improper granting of penalty 27, 33 Moral character of applicant 30 Not to be issued in presence of applicant 30 Of completion of common school course 6 Who entitled to receive , 6 CHIED LABOR ACT— « Appointment of La'bor Inspector 84 His duties . 84 Becomes effective when 92 Children not to be employed 84 Condition of walls 90 Copies to be posted where 90 Dangerous machinery to be guarded 89 Duties of Truant Officers under 84 Duties of Employes under 87 Employment, children not to be employed 84 Employment certificate to describe child 85 Examination of children 85 Evidence of child's age 86 Law of 1906 repealed 90 Names of children employed to be furnished 87 Labor Inspector 84 Penalties for violating act 87,90 Powers of Grand Jury under 90 Procedure in absence of school record 86 Seats provided for girls 89 Wash rooms and closets 89 What school record to contain - 86 When employment certificate not to be issued — 84 Who to approve certificate 84 CHILDREN— Absentees to 6e reported to Truant Officer 81 Both white and colored included 45 Committed to Parental or Truancy School 81 Employment certificate to describe 86 190 Index Examination of Evidence as to age List to be furnished to whom Must attend school Names of employed furnished Labor Inspector _ Not to engage in certain employments Penalty for failure to send to school Penalty for making false statement concerning Record of age under Truancy Law Under Fourteen Not to be employed — when When to be enrolled and compelled to attend city schools CHURCH AND STATE— To be separate CITY SCHOOLS— Graded schools provisions concerning CITIES OF THE FIRST CLASS— Advertisement for supplies Appointment of officers Apportionment of revenues Appropriation of money : : Board of Education — Election Powers and duties Eligibility Compensation Term of office Vacancies — how filled Must surrender school property Books to be audited Business Director — Compensation — duties Bond to be given Report to be made Appointment of janitors Census to be taken Certification of teachers Charges against officers Contracts to lowest bidders Depositaries to be selected Page 84 84 81 75 87 88 75 75 75 83 75 65,66 100 97 102 106, 107 91 92 93 93 93 96 96 103 ' 98 99 105 99 105, 107 107 106 100 101 Index 191 Page Election— By secret ballot 94 General election law to control 94 Members to be voted for 95 Kindergartens — Power to establish 104 Money may be borrowed 102 Organization of board 95 Penalty 95, 105 Perquisites 106 Property to escheat \0?> Punishment of members 107 Pupils — Qualifications 104 Admitted from beyond city 104 Real Estate — Power to purchase or condemn ^ 92 Record of Proceedings 106 Religious Instruction prohibited 104 Repealing clause 106 Reports to be made 105 Rules and By-laws 97 School fund 103 Secretary and Treasurer to be appointed 100 Separate schools — white and colored 104 Superintendent of schools — Appointment 97 Powers and duties 97 Text book adoption 106 Tax Levy — Duty of Board 102 Duties of Officers as to collection 103 CITIES OF THE SECO»ND CLASS— Public Schools in 109, 117 Board of Education ^ 148 Bonds may issue 111,112 Bribery of members __. 114 Clerks — powers and duties 115 Election of mem'bers 116, 117 Election by secret ballot 117 Election of teachers 110 Expenses — estimated 111 192 Index Page Examination of teachers 114 Funds — ^^How obtained 110 Control of 115 Appropiation of 116 Indebtedness of • 116 Qualifications of members 110 Members not to be interested in certain things 114 Money — Power to borrow 111 Non-resident pupils 113 Powers and duties of 109 Power to build and purchase sites 109 Power to establish Normal Schools 115 President of 116 Reports of 111 Separate schools to be maintained 114 Taxes— levy and collection 111 Treasurer — power and duties ,_ 115 Voters — qualifications of 117 Religious instruction in 117 CITIES OF THE THIRD CLASS— . Public schools in 118, 123 Board of Education 118 Appointment of officers 119 Appointment of teachers .- 119 Election of 157 Estimate of expense 120 Funds — vested in 119 How paid 122 Issue of certificate 120 Indebtedness 122 Library established 122 Levy and collection of taxes 120 Non-resident pupils 122 Oath of Trustee 121 Power to purchase and build 119 President of 122 Qualifications of 118 How determined 119 Reports of 120 Separate school maintained . 121 Time of meeting 118 Index 193 Page Text-books — adoption of 120 Treasurer — powers of and duties , -124 Vacancies — how filled 119 CITIES OF THE FOURTH CLASS— Public schools in 123, 131 Board of Education 123 Appropriation of money 127 Election of officers and teachers 124 Estimate of expenses 125 Funds — how vested 124 Control of 126 Indebtedness 127 Issu,e certificates 125 Library — establishment of 127 Levy and collection of taxes 125 Qualifications of 123 Non-resident pupils 12/' Not to be interested in what . ._ 126 Oath of Trustee 126 Powers and duties of 123 Power to convey 125 Power to establish schools 128 President — * Election of 127 Salary of 126 Reports of ,.- 125 Separate schools to be had 126 Text-books — adoption of 125 Treasurer — power and duties 126 White and colored schools 129 COLORED CHILDREN— "Enforced attendance Act" applied to 76 Included 45 COLORED GRADED SCHOOLS— Provisions concerning 65 COLORED NORMAL SCHOOLS— Admission of pupils 165 Appropriation for 166, 167, 168 Board of Trustees — Certificates granted by 166 Composed of whom 164 Course of study prescribed 16.t May purchase additional grounds 167 194 Index Page ReJ)ort — Biennial 165 Report — annual 165 Term of office : 164 , " Treasurer elected by 164 Bonds * 164 Duties —^ 164 Congressional act of 1862 164 Morals, etc. : 165 President of — how selected 166 Title changed 166 Tuition, etc. 165 COMMON SCHOOLS— Defined 4 Efficient system to be had 1 General Assembly to provide 1 COMMON SCHOOL LAWS— Edited by State Superintendent of Public In- struction — When 14 To be read and expounded in Teacher's Institute. _ 71 CONSCIENCE— Freedom of to be had 3 CONSOLIDATION— Of sub-districts — When 53 Who to consolidate 53 CONSOLIDATED SCHOOLS— Provisions concerning 53, 54 CONTRACTS— Teachers' in duplicate 60 Teachers' to be in writing 60 COURSE OF STUDY— In Common Schools 11 Who to provide 18 COUNTY— Compose school district 45 Divided into divisions 46 Number 46 When - 45 Who to divide 55 COUNTY ATTORNEY— Examination of teachers — when to hold 17 Index 195 Page Meet with County Superintendent _ J-5 Assist in dividing county 45 COUNTY BOARD OF EDUCATION— Body politic 49, 52 Chairman of — who 53 Compensation of members 53 Duties and powers concerning County High Schools 49 Estimate tax ^ 50 How composed 49 Members not to be interested in what 53 Members to inspect schools 53 Money expended how 52 Power to condemn lands _^ 52 Power to establish and change subdistricts 52 Power to purchase, lease and rent sites ._ 52 Power over county High Schools 49 Sue and be sued 52 To employ High School teachers 52 To establish county High Schools - 49 To receive gifts, etc. — duties concerning 52 Title of property vested in 52 When to meet 53 COUNTY BOARD OF EXAMINERS— Appointment of ' 27 Compensation of 33 Duties of 27,35 Eligibility of 27 Oath of— To be filed in the clerk's office 27 Qualifications of 27 Satisfied as to character of applicant 28 To exclude other persons 28 To make rules governing district libraries . 28 COUNTY CERTIFICATES— Average grades required by 28, 32 Classes — First 28,32 Second 28,32 Third 28,32 How renewed , .._ 32 196 Index Page Revoked 31 Third class to be held only once . 31 Time to run 31 Unlawful to grant — when . 28 What grades entitle holders to teach in subdistricts 28 COUNTY CLERK— Ballot — to furnish 46 Graded school — duty concerning 46 Oath of County Examiner filed with 27 Send copy of settlement of County Superintendent to Superintendent of Public Instruction 27 COUNTY ELECTION COMMISSIONERS— Officers of Trustees' election appointed by 47 COUNTY HIGH SCHOOL— Classes of 49 Established how 49 Provisions concerning 49 COUNTY JUDGE— Duties concerning schools of adjacent county 55 Graded schools — duty concerning 54 Meet with County Superintendent 45 Notify Superintendent of Public Instruction of vacancy in office of County Superintendent 26 To purchase text books — when 21 To assist in dividing county 45 COUNTY LIBRARY COMMITTEE— Books barred from 73 Books furnished by Superintendent of Public In- struction 73 Condition reported to Superintendent of Public Instruction 73 Fund for 73 Institute fund to go to 73 Purchase of books, etc. 74 Report of condition to County Institute 74 Where located 1 26 Who compose committee — duties 74 Where to be kept 74 Who to care for ,_ 74 COUNTY OFFICERS— Not eligible to office of County Superintendent 18 Index 197 Page COUNTY SCHOOL BOOK LAW— Adopted Texts— ^ Must be exclusively used 41 Penalty for violation 41 Adoption of Books — Sealed bids 37 Advertisement 37 Agents to be appointed 40 Bids may be rejected 38 Books — Must comply with sample • 42 Bond to be filed by publisher 44 Branches to include Elementary and High Schools 38 Bribery — Penalty 43 Cities — Exempt 38 To adopt 44 Contract — To be prepared by State Superintendent 3^ Approved by Attorney-General 39 To be awarded 39 County High School Adoption 39 County Judge to exchange second hand books 40 County Superintendent to furnish list 40 Damages on bond may be recovered 42 Exchange of books 40 License Fee — Paid to publisher 42 To be used for expenses 42 Meetings of Commission — Record to be kept by Secretary 37 Members of commission 36 Merits of books to be considered 38 Money for campaign purposes 43 Notify State Superintendent _- 39 Oath of Office 37 Patrons may exchange old books 40 Penalty — For unlawful sale or extra charge 40 Prices — Of books 40 Agreement to control 43 198 Index Page Proceedings — To be instituted by Attorney-General 43 Proposal to State contract and exchange prices 37 Publisher must file statement • 41 Repealing Clause 45 Specimen copy of books 37 State Board of Education to make printed lists 41 Sworn statement to be filed by publisher 43 Uniform series of books 38 Vacancies — How filled 37 COUNTY SUPERINTENDENT— Administer oath during examination when 33 Agent for text-'books — penalty for 25 Annual report to Fiscal Court 23 Annual report to County Court 23 Annual report to include county library 74 Annual settlement — when made 23 How made 23 To county judge . . 23 Appeal by to Circuit and Court of Appeals 2b Appeal from decisions of ,._ 25 Appeal to in suspension of pupil 36 Approval of removal of teacher by Division Board 36 Approval in dismissing teacher _ 49 Attendance at office 25 Blanks to be furnished by 24 Bond of 19 Buying teachers' claims 25 Penalty for 25 Casts tie votes when 48 Certificate of attendance at Institute given by 71 Change of made to Auditor by Superintendant of Public Instruction 13 Chairman of County Board 49 Compensation of 26 Conform to rules required by Superintendent of Public Instruction 25 County library — duties concerning 7^ Deliver eflfects to County Clerk when ^7 Duties to County Board of Education 53 Index 199 Page Duties concerning examination for State Certifi- cates 28 Eligibility of 16 Election of 16 Eligibility of in counties containing cities of the first class 18 Examination of teadiers held by 27 Examine teachers' register 20 To see that proper records are in 19 To write subdistrict boundary 19 Failing to pay out money — penalty for 23 Failure to deliver effects of office — penalty for 27 Failure to settle with County Court — penalty for__ 27 Fraudulent report — penalty for 22 Graded schools — to organize when 58 Graded school fund — duty concerning 61 Institutes — to organize and cause to be held 69 Joint Institute — duties concerning 71 Keep questions under seal 28 Keep pubhc account 24 May administer oath 24 Make annual report to Superintendent of Public Instruction . 23 May request Normal instructors for Institute 72 Meet with County Judge and County Attorney 45 Member of Division Boards 48 Must attend Teachers' Associations 73 Not to be interested in what — ^penalty : 53 Notice given Trustee 25 Notice — official _J 24 Notify Trustee of meeting 48 Office of furnished by Fiscal Court 26 Official visit 19 Duties to perform under 19 Official decisions 25 Office at county seat 26 Organize Division Board 48 Penalty for failure to make annual report 50 Penalty for failure to hold Teachers' Institutes — 70 Penalty for paying teacher on false report 35 Power to revoke State certificate 30 200 Index Page Public records kept by 24 Qualifications of 16 Certification of 16 Requisitions for questions ^ 27 Removal by County Court 27 Removal of 26 Responsibility for errors in census report 20 Returns of election certified to 46 Select place of holding Institutes 69 Settlement with County Court 27 Special bond given by 50 State diploma qualifies 29 Successor — duty to 27 Suspension of teacher by 25 Term of office 18 To appoint County Examiners 27 To divide county 45 To employ Institute instructors 70 To furnish books to indigents 21 To keep official record . 24 To notify teachers when Institute meets 71 To pay Institute expenses 72 To make census reports 20 To pay teachers when 21 To reside outside city of first class 18 To report number of indigents to County Judge 21 To superintend taking of census 20 Time of taking 20 To advise teachers as to discipline 20 As to duties 20 To notify Trustee of boundaries 20 To condemn school houses 19 To condemn apparatus and furniture — ^- 19 To be elected by voters outside of first class city — 19 To be removed when 26 To report additional facts 50 To remove or suspend Trustee 25 To renew county certificate < 32 To revoke county certificates 31 To take census when 20 Vacancy — ^how filled ^ 26 Index 201 Page When once qualified 16 When appointed by County Judge — - 26 COUNTY TEACHERS ASSOCIATIONS— Objects of 73 To be held in each magisterial district 73 Vice-Presidents of — how selected 73 When held 73 COURT HOUSE— County to be divided at 45 DEVICE OR EMBLEM— None to be on ballot 47 DISTRIBUTION— Of net revenue 8 DISTRICT LIBRARY— Books barred from 73 How organized 73 Management of 73 Pupils to have free access 73 Residents may have access when 73 Rules governing announced by County Board of Examiners 73 Under control of Trustee 73 DIVISION BOARD— Chairman of 48 Chairman of compose County Board 49 Chairmanship — vacancy — how filled 48 Composed of Trustees 48 Organized by County Superintendent when 49 Records of to be kept 53 Secretary of 48 Petitions to, by voters 49 Teachers' application to be filed with ._ 53 To fill vacancy when 48 To employ teachers when 53 DOCTRINES— Certain forbidden to be taught 6 EDUCATIONAL DIVISIONS— Boundaries 45 How divided 45 Number 45 Sub-divided how **- 46 202 Index Page EDUCATIONAL DIVISION BOARD— Jhairman to call meeting 48 Chairman to report in writing 53 Election of teacher 49 May remove teacher * 49 Number necessary to elect teacher 49 Penalty for chairman to make false certificate as to teacher's report 36 Qualifications of teachers — how determined 49 Removal of teachers 49 Secretary — duties of 48 Subdistrict tax — duties concerning 50 Vacancies to fill 49 When to meet 49 EFFECTS OF ALCHOHOLIC DRINKS AND NARCOTICS— To be taught in common schools 11 ELECTION- For issuing bonds in graded schools 61 In Graded Schools — Advertised how 54 How held 54 When 54 Manner of voting in graded schools 57 To establish graded schools 54 ELECTION OF TRUSTEES— By ballot 46 Manner of holding 46 Number elected each year 46 Officers of election 47 Returns to be certified 47 When held 46 Who may vote in _ 46 ELECTION COMMISSIONERS— To appoint election officers of Trustee elections 47 ENFORCED ATTENDANCE— Applies to colored children 75 Exceptions under 75 ♦ Officers to enforce 76 Penalty for failure _ 76 Penalty for failure to send children to school 75 Recovery of fine under -^ — ^ — , 76 1 Index 203 Page Courts having jurisdiction 76 Who required to send children to school 75 EXAMINATION— For county certificates 28, 30 For State diplomas 29 Studies em'braced under 30 For State certificates 30 EXAMINATION OF TEACHERS— Brandies examined upon 27 Distance of applicants apart 27 Fee of applicants __ 27 To whom paid 27 Held by County Superintendent 27 Held by County Attorney when 27 Investigation of character of applicant — who by _ 27 Manner of conducting 27 Manner of holding 27 Oath of applicant 27 Officers to comply — penalty for failure 27 Officials to be present . 27 Opening of questions — manner of 27 Penalty for selling questions .^_ 27 Questions of under seal 27 Questions — how sent 27 Questions for white and colored 27 Questions prepared by whom 27 Reasonable time allotted to applicants 27 State Board to grant certificates — when and how _ 27 Time of holding 27 Who to hold 27 EXPENSES— Incurred by County Superintendent 26 Of Institute to be paid by whom 71 Traveling, of Superintendent of Public Instruc- tion to be paid " 16 FEES— County certificate 30 Institute 70 State certificate 30 3tate diplomas — ^ ?9 204 Index Page FISCAL COURT— Tax levied by 50 FRACTIONAL BALANCE— To be credited to county 5 FUNDS— Consists of what 1,6 Derived from dog tax to go to school 7 Distributed impartially 2 Forbidden to be used in aid of or by sectarian schools 2 Money received from United States part of 2 Portion unused to go into fund for following year 2 Recovery of on bonds 44 Set apart for school purposes 1 To subdistrict — how apportioned 5 To be distributed 1 To be equally divided between races 2 When distributed 10 GENERAL ASSEMBLY— Local and special laws concerning Common Schools not to pass 4 To provide efficient system 1 To regulate Trustee election 3 GRADED SCHOOLS— Additional territory — how added 55, 68 Admission of other pupils 60 Annexation of territory 55, 68 Manner of change ■- 55, 68 Time of 55,68 An incorporation ^_ 58 Appointment of election officers 58 Bonds issued 61 Manner of issuing 61 Board of Trustees — A body politic 58 Change boundaries 55, 68 Duties of 58 Election of 58 Number of 58 Power 58 Style of 58 Index 205 Page Title of property to vest in 64 To hold election for levying tax - 64 Vacancies — ^^how filled 59 Boundaries — change of 55, 68 How established 55 Include what 55 In territory with adjacent county 55 Limit 55 By-laws and rules of Trustees 59 'Classification of Trustees 59 Change of boundaries 55, 68 County officers — duty concerning 57 Courses of study prescribed in 59 Duties of election officers 64 Duties of Treasurer — ^bond of 60 Election in 58 How held 54 Manner of voting 58 Time of holding 54 Who to hold 54 Established in territory with adjacent county — 55 Manner of 55 Established how _., 54 Examination of applicants as teachers, etc. 59 Free tuition to whom 60 Interest on bonds limited 67 Journal kept by Trustee 59 Public inspection of 59 Limits extended — how 55, 68 New boundary — 'how establi9hed 55 Not affected by new law 46 Oath of Trustees 58 Officers of Board 59 Their duties 59 Order of election — delivered to whom 57 Payment of old debt 67 Petitions for election 54, 55 Proposition voted upon 64 Provisions concerning colored pupils 65 Provisions — ^what cities may accept 65 Provisions not to affect what 66 206 Index Page Provisions concerning bonds 67 Purposes of tax voted 54 Ad valorem 54 Poll 54 Purchasing, sites, buildings, etc. * 61 Regular election of Trustees 58 Repair of buildings 61 Sinking fund — provisions for 61 Tax to complete buildings 67 Tax of with Adjacent County — How voted 56 Limit of 56 Manner of voting 56 Tax Voted— Amount . 54 Limit of 54 Manner of voting 54 Who approve petition 54 Who to organize 58 GUARDIAN— Defined under Truancy Law " 77 Must send ward to school 8 weeks in year 76 Penalty for failure to send ward to school 76 Penalty for failure to comply with Law 77,78 INDIGENT CHILDREN— To be furnished text books 21 Who to furnish books 21 fNSTITUTE INSTRUCTOR— Convention at Capitol 70 Object and purposes of 70 Employed by County Superintendent 70 Normal Instructor may be had when 72 Number in joint institutes 71 To be experienced and able 70 INVESTMENT OF SCHOOL FUND— Interest on 1 LIBRARIES— County report on 24 Sub-district report on 24 (See county and district libraries.) MONEY— Record kept by County Superintendent 24 71 Index 207 Page MUNICIPAL INDEBTEDNESS— Extent of 3 MUNICIPAL TAX VOTE— To be acted upon 3 NAMES— Petition number on 47 Printed on ballot 47 NEWSPAPER— Notice of election published in time of 57 Proceedings of Teacher's Institute to be published in NOMINATION— Petition filed when 47 Trustee how made 47 OATH— Administered to Trustee 24 By County Superintendent 24 For. county examination 33 Furnished by Supt. of Public Instruction __• 33 Preserved by whom 33 For applicant of examination 33 Of county examiner • 27 Of graded school trustee 59 Reported in writing when 32 Who may administer 32 OFFICE— Of County Superintendent at County Seat 24 Attendance at 24 OFFICERS OF ELECTION— Appointment of 47 Compensation „ 47 Duties of 47 OPINIONS OF ATTORNEY-GENERAL— Abstracts of 169, 176 PARENT— Defined under truancy law 77 Must send child to school eig'ht weeks in term 75 Exception 75 Penalty for failure to send child to school 75 Penalty for failure to comply with provision of truancy law 76,77 208 Index Page PARENTAI, OR TRUANT SCHOOLS— Children committed to 82 Establishment of 82 Instruction in 82 Location * 82 Penalty for violating 82 Regulations of 82 PAYMENT OF TEACHERS— Manner of .— 21 Time of 21 To be personally or on written order 21 PENALTIES— For pupils who violate, etc. 5 Provided for employing children 4 PETITION— Concerning graded schools 55 Contain what 47 To change graded school 54 To division board 49 Trustees nominated by 47 When filed by clerk 47 PRO RATA— Auditor to give data concerning 9 Not used for one year disposal of 2, 9 Not called for after second year how disposed 9 To be ascertained by Superintendent of Public Instruction 9 PROPERTY— Title vests in County Board of Education 52 Title to vest in whom in graded schools 64 PROPOSITION— Voted on in graded schools when renewed 65 PUBLICATIONS— Forbidden to be used 6 PUPILS— Free access to district library 75 Held accountable by teacher 36 Regulation of - 5 Penalties for disobedience 5 Suspension of 36 RECOMMENDATIONS— Of Trustees in writing to whom 48 Index 2m Page RECORDS— Report by County Superintendent . _ 52 Official kept by Coointy Superintendent 24 REGISTER— Kept by teacher in graded schools 59 Kept by teacher in subdistrict 34 REPORT— Annual of County Superintendent 23 M'onthly and term of teachers 35 Of Division Chairmen 53 Time of 53 Of Trustees in writing 48 RULINGS OF THE DEPARTMENT— Abstracts of 169, 185 SALARY— Of Superintendent of Public Instruction 12 Of County Superintendent 26 Allowed by Fiscal Court 26 Based upon census 26 Minimum and maximum 26 Reported to Supt. of Public Instruction 26 Of teacher supplemented how when 8 SCHOOL DISTRICT— What shall constitute 45 SCHOOL FUND— Duty of Auditor under 6 Paid into Treasury for common schools only 6 Paid to graded schools 61 What consists of 6 SCHOOL MONTH 4 SCHOOL TERM— Extension of 9 To be six months 9 SCHOOL YEAR 5 SECTARIAN SCHOOLS— Not to receive school fund 2 SEPARATE SCHOOLS— Shall be maintained 6 SETTLEMENT— Copy of for County Superintendent to be sent to 'Superintendent of Public Instruction 23 Of County Superintendent annually 23 210 Index Page How made 23 To whom made 23 Returns of settlement furnished by Superintendent of PubHc Instruction to Auditor . 13 ' Voucher of by County S'Uperintendent 23 SHERIFF— Graded schools duty concerning 57 To collect subdistrict tax 51 Compensation for * 51 To collect County School Tax 50 SINKING FUND— Commission to invest certain bank stock 1 In graded school .' 63 SPECIAL BOND— Given by County Superintendent 50 Approved by whom 50 STATE BOARD OF EDUCATION— Body politic 11 Chairman 11 Course of study prescribed by 11 Corporate acts 11 Custodian of evidence 11 Duties of 11 Meetings 11 Powers as to property 11 Power to revoke State Diploma 30 Quorum . 11 Standing Committees 11 To regulate county libraries 74 Who constitute 11 STATE BOARD OF EXAMINERS— Appointed by whom 12 Compensation of 29, 30 Duties of 12 Manner of performing _ 30 Memhers of program committee for Teachers' Institute programs — - 69 Questions to prepare ^ -, — 30 Series of questions Number ^ 30 Seal of placed on Diplomas ■ 30 To grant State Certificate 30 To hol4 e?caminations for State diplomas -—^-- 3^ index 211 Page To prepare questions 30 To renew State certificates — When 31 Who to compose ~ 12 When to issue certificates — 32 STATE CERTIFICATE— Branches examined upon 30 Answers to be sent to whom — By whom 31 Applicant to possess good moral character " 31 County examiners to recommend renewal • 31 County Superintendent duties in examination of 31 Duration of 31 Examination for 30 Fee 30 Manner of examining papers of applicant 30 May be renewed how 30 Qualifications of applicant 29 Revoked how 32 Seal to bear 32 When examination for held 30 Who to conduct examination 30 Who to grant 30 Written statement of County Superintendent 31 STATE DIPLOMAS— Applicant to poss'sss good moral character .. ,_ 29 Duration of 29 Examination for held 29 Fee for examination ^..^ 29 Holder of qualified for County Superintendent 29 To bear seal 29 Who to issue 29 STATE NORMAL SCHOOLS— Act concerning 130, 144 Appropriations for 137, 138, 140 Regents for 130 Advertisement for bids 142 Annual report of 135 Appointment of regents 131 Bonds given to by successful bidders 142 Causes of removal from office 134 Condemnation proceedings 142 Election of officers 131 Oratuitous instruction 137 212 Index Page Grant cjertificates 132 Grades of 133 Endorsement of 133 May be revoked 133 Itemized account to be submitted by * 142, 144 May appoint architects 142 May Convey 139 May provide library 139 May purchase sites . 139 May purchase additional grounds 140, 142 Model schools to be established 138 Mileage to be allowed 135 Meetings to be held by 132 Not to be interested in what 135 Powers and duties 132 Power to remove officers 134 Power to fix courses 134 Payment of indebtedness 136 Pupils - 137 Quorum 132 Reports 135 Term of 131 Treasurer — Bond of U6 Duties of 136 Secretary — Compensation 136 Duties 136 R,eport to whom 135 Special meetings 135 Buildings to be erected 140 Committee to fix boundaries 130 Commission to locate 138 Created 130 Deeds made to Commonwealth 139 Executive Council created 132 Duties of 132 Meetings of 133 Quorum 132 Who compose 132 Index 213 Page Objects of 130 Students may take examination for what 140 Class of certificates ^ TAO STATE UNIVERSITY— Acts of Congress to be carried out 160 Appointment of beneficiaries 161 Appropriations for 149, 150, 151, 153, 155, 156, 157 Circulars to be posted 154 Collegiate period 148 Competitive examination ._^_ 161 County certificates issued to whom 163 Board of Trustees 144 Advertising, etc. 156 Appointment, Manner of 144 Appointment of Secretary and Treasurer 146 Appointment of Board to manage women's dormi- tory 150 Appointment of Architect 152 Bond to be given by successful bidder 156 Certificates issued by — ^Classes of 157 Contracts 152 Created 144 Bi-partisan after 1910 162 Degrees conferred by 146 Governor — Chairman of : 144 Meetings of 148 No preference to be shown 146 Quorum of 146 Power to purchase additional ground 156 Power to govern college 148 Powers and duties of 145 Report to General Assembly 148, 153 Selection of President and professors 145 Treasurer to give bond 147 Vacancies — How filled 147 Where— Meet 146 Diplomas 155 Duty of County Superintendent 161 Emergencies 153, 154 Executive Committee 146 Free tuition to whom 162 214 Index Page rnformatlon to County Superintendent 149 Law Department established 160 Location not changed 162 Medical and Surgical Department established 160 Moneys — -How paid . 153, 156 Normal department eliminated 158 Previous acts referred to 159 Student — Appointment to 149 Title changed 159 Women's dormitory 150, 151 Wonk of sub-freshman eHminated 158 SUBDISTRICTS— Boundaries of 45 Consolidation of 53 Establishment of new . 52 Include white and colored children 45 Maximum and minimum of pupils 45 SUBDISTRICT TAX— Amount 51 Election for 51 Time of 51 How levied '. 51 Notice of election 51 Order levying 51 Question voted upon 51 Returns of election 51 •Canvass-ed by whom 51 Tax — To receive 51 Who to collect 51 SUPERINTENDENT OF CITY SCHOOLS— Duties under Truancy Law 80 SUPERINTENDENT OF PUBLIC INSTRUCTION— Approval of revoking State certificate ._ 32 Attorney-General to advise 14 Appointment of State Board of Examiners 12 Appeals 14 Blanks to County Examiners 14 BHnd, Deaf, Dumb and Feeble-minded Institute — 13 Duties concerning 14 Blanks, official documents 14 Biennial report to General Assembly 13 Beginning of term - 12 Index 215 Page Bond 12 Clerks 12 Chairman of State Board of Education ~ i2 Certified copies of records, etc. 13 Deliver effects of office to successor 16 Donations, gifts and devises — Duties concerning- 15 Expenses to be paid when 16 Furnish changes of County Superintendents to Auditor 13 Instructions to be furnished 13 Institutions — Duties concerning 13 Keep accounts 13 Make settlements 13 May require facts under Truancy Law 81 May require facts of teachers 35 Members of program committee for Teachers' Institutes programs ' 69 Neglect of duty, etc. 14 Oath 12 Office suppKes 12 Office at seat of Government 12 Official decisions 14 Penalty for violating Section 43 16 Report misappropriations of school fund 14 Records 14 Salary 12 School Laws to be edited by 14 To ascertain per capita 8 To furnish teachers' blanks 35 To publish for general distribution certain tracts, important facts and data 13 To pay City School Boards 21 To prescribe rules for County Superintendents 25 To supply blanks to City Boards 60 To recommend normal instructors for institutes__ 70 SURPLUS DUE COUNTIES— To remain an obligation against Commonwealth 2 SUSPENSION OR EXPULSION OF PUPILS 5 SYSTEM OF COMMON SCHOOLS— To be uniform 4 TAX— Expended for both white and colored children 50 216 Index Page Graded school voted 54 Li'mit 54 Manner of voting 54 How assessed and collected 50 Levied by whom in graded school districts . 63 Levied by county 46, 50 N'ot to exceed 50 Of graded school with adjacent county 55 Limit 55 Manner of voting 55 Purposes of 55 Territory exempt 45, 50 To be voted 51 To complete graded school building 67 To pay old debt 67 Used for what 51 TAXATION— Submitted to voters 1 TEACHERS— Access to county library 74 Application to be filed 49 Blanks supplied by whom 35 Certificate of attendance at institute to be filed with whom 70 Contracts 49 County certificate of 28,30 Classes 28 County High Schools Employment of 52 Duties required of 36 Employment of in graded schools 59 Examined for State diploma 29 Examination for State certificate 30 Facts to be ascertained by 34, 35 Fees at Institute 71 Given credit for attending institute 70 How elected : 49 May contract in writing 4 Teach extra students 36 May have county certificate renewed 32 Must attend institute 70 Penalty for failure . 70 Not eligible to office of County Superintendent 18 Index 217 Page Of consolidated schools 53 Pay entitled to when dismissed 55 Payment for fractional month when "~ "35 Payment of when renewed 36 Penalty for false report 36 Qualifications of 28, 52 In graded schools 59 For State diploma 29 Register to keep 34 Removal by Division Board 36 Removal for what 49 Reports of examined by whom 35 Revoking of certificate 30 Shall hold certificate 29 Studies to teach, etc. 36 Summaries 34 Suspension of pupils 36 Time of election 49 To be given certificate of attendance at institute — 71 To be instructed by an able instructor 70 To hold pupils accountable 36 To keep register in graded school 59 To make monthly and term reports 35 To possess good moral character 30 To suspend school during Institute week 71 Vacancies, How filled 49 When elected 49 Who may remove 49 TEACHERS' INSTITUTES— County Superintendent to attend 72 His duties 72 To employ instructor for 70 Duration of 70 Expenses how paid 72 Fees 72 Joint institutes may be held when 72 May have normal instructor when 72 Must attend teachers associations 73 Penalty for failure 73 Normal instructors how paid 72 Penalty for County Superintendent for failure to hold 70 218 Index Page Prcxrteedings of published in local newspapers 72 Program furnished by whom when 70 Published copy of proceedings to be sent to Superintendent of Public Instruction 72 Report of to be included in annual report of County Superintendent 73 Schools to suspend during 71 Selection of place where held 72 Subjects of discussion in 72 Surplus fund of how distributed 72 Teachers to be notified of 72 Trustees to be notified of 72 Time to be held 70 To be organized 70 Who compelled to attend 71 Penalty for failure 71 TEACHER'S REGISTER— Duty of division chairman concerning 34 Kept by teacher 34 Property O'f subdistrict ..__ 34 To be kept how : 34 Who to examine 35 Who to furnish 34 TEXT-BOOKS— Cost not to exceed • 28 Furnished to indigent children 28 Paid for by county 28 TUITION— In graded schools 60 To be paid by pupils when 4 TRUANCY LAW— Absentees to be reported 81 Applies to what cities 77 Children to attend under 77 Exceptions under 77 Fines and penalties 77 Jurisdiction of Courts ._ 80 Officers — Appointment 79 Compensation 79 Duties 79 Examination of 79 Index 219 Page Qualifications 79 Under supervision of City Superintendent 80 Parental or truant schools 82 Penalties for parent or guardian failing to comply 78 Penalty for false statement under 78 Record of age 78 School officer to report under 80 TRUSTEE— Census to take ^^_ 48 Compensation 48 Compose division board 48 Duties of 48 Eligibility 47 Election of 47 Graded schools — Emiployment of teacher in 59 To purchase what 61 Hov^ nominated 46 Opportunity given to produce evidence 25 Removal or suspension of 25 Report to Division Board 48 Reports of referred to County Board 48 Serve until, when 46 Term of office 46 To be notified of institute meeting 70 To enforce attendance of children at school 75 To have five days' notice, when 25 Not eligible to office of County Superintendent — 18 Not to be interested in what, penalty 53 To notify people, when 25 To report additional facts 21 Vacancy how filled 48 When elected 48 USE OF SCHOOL FUND 6 VACANCY— Of County Superintendent's Office, how filled 26 Of graded trustees, how filled 59 Of trusteeship, how filled 48 Voters — Legal at trustee election 47 220 Inde^ » Page WHITE CHILDREN— Included 45 Free admission in graded schools 60 Maximum and minimum in subdistricts 46