7030. Annual district election, how held; judges and clerks of.

7031. Ballot, form of; returns, how made.

7032. Result of election to be delivered to county clerk.

7033. County court to open returns and determine amount of taxes voted.

7034. Taxes so voted, how levied and collected.

SCHOOL DIRECTORS..

7035. When elected; term of office.

7036. Judges to give certificate within five days; director to qualify within ten days thereafter; filing certificate and oath.

7037. Oath of office, by whom administered.

7038, 7039. Refusal to qualify as director, forfeiture; failing to perform duties. of his office, forfeiture.

7040. Vacancy in office of director, how filled.

7041, 7042, 7043. Directors, board of; duties and powers.

7044. Month, meaning of, in school law.

7045. Directors may expend annually not more than twenty-five dollars for

charts, etc.

7046, 7047, 7048, 7049, 7050, 7051. Directors, board of; further specification of duties and powers.

7052. Warrant drawn by directors; county treasurer to pay.

7053. Directors to give notice of annual school meeting; contents of notice. 7054, 7055. Director, one to be clerk at all district meetings, and keep record of proceedings; also to keep the yearly accounts of the district.

7056. Directors to report to county clerk the officers elected and amount of money voted at annual meeting.

7057. Directors to report annually to county examiner; contents of report.

7058. Directors failing to make this report, liable in damages.

7059. Directors to settle annually with county treasurer.

7060, 7061. Directors may suspend any pupil for cause; may permit older persons to attend school.

7062, 7063, 7064. County court may transfer scholars to an adjoining district,

when; regulations concerning such transfer.

7065. Directors may permit private school to be taught in district school house, when.

7066. Directors may cause schools to be closed, when.

7067. Directors and examiners exempt from road work.

7068. Neglect to report tax levied at annual meeting liability for loss; fine.

7069. Directors to furnish county clerk with list of all persons owning property

in the district liable to pay special tax, when.

7070. Neglect of any duty under school laws, fine for.

TEACHERS.

7071. Must have certificate and license to teach, or not entitled to pay.

7072. Must keep daily register.

7073. Duty of, to attend teachers' institute.

7074. Not to permit sectarian books to be used in school. 7075. How paid; preference of claim

7076. To return register, else pay stopped.

TRESPASS ON SCHOOL HOUSE, ETC.

7077. Injuring school house, fixtures, etc., fine for.

SCHOOL WARRANTS-DISBURSEMENT OF FUNDS, ETC.

7078. County collectors and treasurers not to be interested in school warrants. 7079. District school tax payable in warrants of district.

7080. County treasurer to keep register of school warrants, how.

7081. County treasurer to give notice of receipt of school funds; how such funds paid out.

7082. Officer failing to comply with act, punishment.

7083. Director fraudulently issuing warrant, punishment.

7084. County treasurer to report school funds received by him, disbursements and balance in treasury, when.

7085. Orders of directors to be presented to treasurer, when; order of payment. 7086. If not paid, how indorsed; record of such warrants.

VIOLATION OF SCHOOL LAWS-DUTY OF PROSECUTING ATTORNEYS,

7087.. Prosecuting attorneys, when school laws are violated, to bring offenders to trial; compensation; costs in such cases.

SPECIAL ACTS FOR SCHOOLS IN CITIES AND TOWNS.

7088. Cities and towns may be special districts.

7089, 7090. Procedure to adopt the act and elect directors.

7091. Election in, when and how held.

7092. By whom held, duties, compensation and oath of judges and clerks. 7093. Polls, when opened and closed.

7094. If a regular judge fails to appear, when and how judge elected.

7095. When electors vote.

7096. Returns of election.

7097. Duty of clerk; duty of county clerk.

7098. Directors, when and how to qualify.

7099. Provisions of chapter not applicable.

7100. Board to organize, how.

7101. Meetings of board; quorum; board may make rules for its own govern

ment.

7102, 7103. Powers and duties of board.

7104. Warrants on the county treasury, how drawn and signed.

7105. Secretary of board, duties of, compensation.

7106. Title to all school property vested in city or town as a school district, and

to be under control of directors.

7107. Name of district; corporate powers; style of board.

7108. Debts of former districts to be paid.

7109. Directors failing to qualify or to perform their official duties; penalty. 7110. Board of visitors and examiners, how appointed; term of office; appointee failing to perform duties; penalty.

7111. District to receive full share of school fund.

7112. State superintendent to make suggestions, etc., to directors.

7113. Provisions of the general school law; when to apply to special districts; county court may annex contiguous territory, when.

SECTION

II. SCHOOL LANDS.

7114. Inhabitants of any congressional township may petition for sale of sixteenth section.

7115. Duties of collector on receipt of petition.

7116. If subdividing no tract shall contain more than forty acres.

7117. Collector shall cause each subdivision to be appraised.

7118. Collector shall give public notice of time of sale.

7119. Collector shall offer each tract separately. Sale shall take place between the hours of 12 m. and 3 p. m., and may be continued from day to day. No tract shall be sold for less than appraisement. If any tract remain unsold collector may without petition sell again, giving notice of sale. 7120. Collector shall report sales to county court.-If sales not confirmed court shall direct collector to advertise and sell again. Form of certificate to be given to purchaser. Commissioner of state lands shall make deed on presentation of certificate.

7121. Collector shall pay all costs of sales out of proceeds.

7122. County clerk shall ascertain who are paying taxes on the sixteenth sections; other duties.

7123. County clerk shall keep the account of each township entitled to benefits
from this act.

7124. Penalty imposed on county clerk for failing to keep record.
7125. Collection of claims due common school fund; authorizes attorney general
to employ competent attorneys in each county to collect claims due on
account of sixteenth section; other duties.

7126. State treasurer shall place to credit of proper county all moneys received
on account of sixteenth section lands.

7127. State treasurer to invest money and place accrued interest to credit of

each county.

7128. Accrued interest may be drawn in same manner as now provided for by law. 7129. All evidences of indebtedness arising from sales of sixteenth sections shall be turned over to commissioner of state lands.

7130. County collectors and treasurers shall turn over to state treasurer all the moneys in their hands belonging to 15th section fund.

7131. Commissioner of state lands shall keep record of all deeds made for sixteenth section lands.

PATENTS.

7132. Last assignee of certificate for school lands entitled to deed, when

7133. Auditor to execute deed for school lands to heirs at law, when.

7134. Lands so conveyed, to stand charged with amount advanced by estate to procure title.

7135. Patents issued, and all official acts done during the war concerning school lands, made valid.

7136. Rights of the state in such lands, acquired under judgment, etc., where deeds had been made to purchasers, vested in the proper owners under such deeds.

7137. Certain suits by the state for school lands to be dismissed.

7138. Commissioner of state lands to make deed for school lands paid for, and for which no conveyance has been made.

LEASE OF SCHOOL LANDS.

7139. Collector to lease school lands, when.

SECTION 6930. Intelligence and virtue being the safeguards of liberty, and the bulwark of a free and good government, the state shall ever maintain a general, suitable and efficient system of free schools, whereby all persons in the state, between the ages of six and twenty-one years, may receive gratuitous instruction.

SEC. 6931. The general assembly shall provide, by general laws, for the support of common schools by taxes, which shall never exceed in any one year two mills on the dollar on the taxable property of the state; and by an annual per capita tax of one dollar, to be assessed on every male inhabitant of this state over the age of twenty-one years. Provided, The general assembly may, by general

law, authorize school districts to levy, by a vote of the qualified electors of such districts, a tax not to exceed five mills on the dollar in any one year for school purposes. Provided, further, That no such tax shall be appropriated to any other purpose, nor to any other district, than that for which it was levied. Art. 14, secs. I and 3, Const.

POWER TO TAX FOR SCHOOL PURPOSES.

The state is the source of authority. "Every muncipal corporation and every political division of the state must be able to show due authority from the state to make the demand."

Cooley on Taxation, 474.

School districts are civil corporations, and the legislature may confer upon them the power to tax for school purposes.

State v. Bremond, 38 Texas, 116.

The words "public schools" are synonymous with "common schools," and mean the schools created by law and maintained at the public expense, and which are open and common to the children of the inhabitants alike.

Jenkins v. Andover, 103 Mass., 94.

People v. Board of Education, 13 Barb. (N. Y.), 490.

Holbert v. Sparks, 9 Bush, 259.

Webster's Dictionary, Common Schools.

Henderson v. Collins and Jett, Kentucky Reports.

Abbott's Law Dictionary, title, Common Schools.

Taxation for public schools is for a public use and purpose, and public educa tion is a fit and appropriate object of taxation.

68 M. E., 582.

Williams v. School District, 33 Vt., 271.

Marshall v. Donovan, 10 Buch. (Ky.), 681.

6 Cowen (N. Y.), 543.

56 P. St. 359; 22 Grattan (Va.), 857.

There can be no taxation in aid of a private educational institution operated for individual profit.

Curtis' Admr's v. Whipple, 24 Wis., 350.

Philadelphia Assn. v. Wood, 39 Pa. St., 73.

That a school building was larger than was immediately needed, and that the vote specified among other uses of a part of the building, that of holding school society meetings and lectures therein, does not vitaite the tax, nor authorize a court to enjoin the same.

Sheldon v. Centre School District, 25 Conn., 224.

Greenbanks v. Boutwell, 43 Vt., 207.

In New Hampshire it has been held that a vote by a school district to remove