remove, when requested, shall purchase the same at the fair value thereof and resell the same as other books; and nothing in this act shall prevent the board of education from furnishing free books to pupils as provided by law.

Each board of education may furnish the necessary school books free of charge to enable the parent or guardian, without expense therefor, to comply with the requirements of the compulsory education law, the same to be paid for out of the contingent fund; but such pupils as are already wholly or in part supplied with necessary school books shall be supplied free of charge only as other or new books are needed, and all school books furnished as herein provided shall be considered and be the property of the district and loaned to the pupils on such terms and conditions as each board may prescribe.

Buildings. The board of education of any district is empowered to build, enlarge, repair, and furnish the necessary schoolhouses, purchase or lease sites therefor or rights of way thereto. When in the judgment of any board of education it would be for the advantage of the children to have meetings of literary societies, school exhibitions, singing schools, religious exercises, select or normal schools, the board of education shall authorize the opening of such schoolhouses for such purpose, and it may authorize their use for any other lawful purpose, but not to interfere with the public school work. When the board of education determines to build, repair, enlarge, or furnish a schoolhouse the cost of which will exceed, in city districts of the first and second class, $1,500, and in other districts $500, except in cases of urgent necessity, or for the security and protection of school property, it shall proceed as follows:

The board shall advertise for bids for four weeks in two newspapers of general circulation in the district, or, if there be no newspaper of general circulation, then by posting such advertisements in three public places. The bids, duly sealed, shall be filed with the clerk and shall be opened at the meeting of the board immediately succeeding the last day for filing them, and they shall then be publicly read by the clerk and entered on the records of the board. Each bid shall contain the name of every person interested in the same, and shall be accompanied by a sufficient guaranty from some disinterested person that if the bid be accepted a contract will be entered into and the performance of it properly secured. When both labor and materials are embraced in the work bid for, each must be separately stated in the bid, with the price thereof. None but the lowest responsible bid shall be accepted, but the board may in its discretion reject all the bids, or accept any bid for both labor and material which is the lowest in the aggregate. Any part of a bid which is lower than the same part of any other bid shall be accepted whether the residue of the bid is higher or not, but in case the lowest bid is made by two bidders the work shall not be divided between them.

Whoever maliciously injures or defaces any schoolhouse, its fixtures, or appurtenances, or commits any nuisance therein, or maliciously trespasses its inclosed grounds or fixtures, shall be fined not more than $100. Whoever maliciously burns or attempts to burn any schoolhouse shall be imprisoned in the penitentiary for not more than twenty years. Whoever in the night maliciously and forcibly breaks and enters any schoolhouse with intent to commit felony or to steal shall be imprisoned not less than one nor more than ten years. Whoever maliciously in the daytime breaks and enters any schoolhouse with intent to steal shall be fined not more than $300 and imprisoned not more than six months. Whoever willfully interrupts or disturbs any assembly of persons met for a lawful purpose, or any person while he is at or about the place where such assembly is to be held or is and has been held, shall be fined not more than $50 or imprisoned not more than ten days, or both. A member of the board of education is liable as other persons, his liability being limited to the extent that mere errors of judgment with good intent exonerate him.

4. FINANCES.

Funds (permanent and special)—Taxation.

Funds (permanent and special).—The money which has been and may hereafter be paid into the State treasury on account of sales of lands granted by Congress for the support of public schools in any original survey township or other district of country shall constitute the "common school fund," of which the auditor of State shall be superintendent, and the income of which shall be applied exclusively to the support of common schools. This common school

fund shall constitute an irreducible debt of the State, on which the State shall pay interest annually at the rate of 6 per cent per annum. When any grant or devise of land or any donation or bequest of money or other personal property is made to the State of Ohio, or to any person, or otherwise, in trust for the common school fund, the same shall become vested in that fund, and when the money arising therefrom is paid into the State treasury proper accounts thereof shall be kept by the auditor of the State, and the interest accruing therefrom shall be applied according to the intent of the grantor, donor, or devisor. The auditor shall keep an account of the fund and the interest which accrues thereon, crediting each county with its share and the amount disbursed to each.

The State shall pay interest annually at the rate of 6 per cent per annum upon all money which has been paid into the State treasury on account of sales of lands commonly called salt lands, and upon all mouey hitherto paid, or which may be hereafter paid, into the State treasury on account of sales of swamp lands granted to the State by Congress. The money received from such sales shall constitute an irreducible debt of the State, and the interest shall be apportioned annually on the same basis as the State common school fund. (The manner of distributing the interest arising from the salt-lands fund is the same as for the State common school fund.)

Taxation. For the purpose of affording the advantages of a free education to all the youths of the State, there shall be levied annually a tax on the grand list of taxable property of the State, which shall be collected in the same manner as other State taxes, and the proceeds of which shall constitute the State common school fund; and for the purpose of higher agricultural and industrial education, including manual training, there shall be levied and collected in the same manner a tax on the grand list of the taxable property of the State, which shall constitute the "Ohio State University fund." The rate of such tax in each case shall be designated by the general assembly at least once in two years, and if the general assembly shall fail to designate the rate for any year, the same shall be, for the State common school fund, 1 mill, and for the Ohio State University fund, one-tenth of 1 mill, upon each dollar of valuation of such taxable property. The auditor shall apportion the State common school fund to the several counties semiannually, upon the basis of enumeration of the youths therein, as shown by the latest abstract he has received from the State commissioner of common schools.

Each board of education shall annually, at a regular or special meeting, determine as nearly as possible the entire amount of money necessary to be levied as a contingent fund for the continuance of the school or schools of the district after the State funds are exhausted, to purchase sites for schoolhouses, to erect, enlarge, purchase, lease, repair, and furnish schoolhouses, and for other school expenses; and any city, special, or village school district may levy 1 mill to support a kindergarten in connection with the public schools.

Such levy shall not exceed in cities of the first grade of the first class 3.25 mills and 1 mill additional for every 5,000 pupils over and above 25,000 enrolled in the public schools of said cities, but such additional levy shall not exceed 4.1 mills. In all other city districts the levy shall not exceed 7 mills, to which may be added 1 mill additional by a three-fourths vote of the board of education, for the purchase of sites and the erection of buildings, or for the payment of indebtedness created for such purposes. In village, special, and township districts the

levy shall not exceed 10 mills.

But a greater tax than is authorized above, except in city districts of the first class, may be levied if a majority of the electors so vote. The amount to be so levied the board shall certify in writing to the auditor of the county, who shall assess the entire amount upon all property of the district, and the county treasurer shall collect the same as other taxes are collected. Each county auditor shall annually apportion the school funds of the county. The State common school fund shall be apportioned in proportion to the enumeration of youth to districts, subdistricts, joint subdistricts, and fractions of districts and joint subdistricts within the county. The common school fund shall be apportioned to the school districts and parts thereof in proportion to the enumeration of youth therein, and all other money not otherwise appropriated by law shall be apportioned annually in the same manner as the State common school fund. The local tax levy shall be paid to the several districts from which it was collected. The auditor shall collect or cause to be collected all fines and other money for the support of common schools in his county and pay the same to the county treasurer.

OKLAHOMA.

1. ORGANIZATION OF THE SYSTEM.

Territorial superintendent-Territorial board-County superintendents-District

board-Cities.

Territorial superintendent.-The governor shall appoint, with the advice and consent of the Territorial council, a Territorial superintendent of public instruction, for a term of two years, at a salary of $1,200 a year. He shall maintain an office at the seat of government, where shall be kept all books, papers, apparatus, and other property belonging to the office, including reports from county superintendents and other school officers. He shall make two bonds of $5,000 each, with securities approved by the Territorial governor and secretary, for the faithful performance of his duties (1) as superintendent and (2) as ex officio Territorial auditor. He shall have general supervision and management of educational interests in the Territory; shall apportion between the 15th and 31st days of January and July each year, to those counties from which proper reports have been received the annual school taxes and income from the Territorial school fund in proportion to population between 6 and 21 years; print, not oftener than biennially, and distribute the school laws, interpret the same and decide controversies arising thereunder, having first submitted the statement of facts to the attorney-general for his suggestions; prepare, print, and distribute all blanks and forms necessary for teachers and school officers and secure their uniform use; visit each county at least once a year; gather information relating to school systems in other States. On December 1 preceding each regular session of the legislature the superintendent shall make and deliver to the governor a report containing: (1) Number of public schools in the Territory, number of pupils in attendance (boys and girls) and branches taught, same data regarding private schools as far as can be ascertained, similar data (except branches taught) regarding normal schools, academies, and colleges, and such other matters as he may deem expedient deducted from reports of county superintendents and other school officers touching educational conditions in the Territory; (2) statement of the condition of public school funds, including moneys, lands, or other property held in trust by the Territory for school purposes, giving the school-land account fully by counties; (3) statement of receipts and expenditures; (4) plans for the management and improvement of public schools and such other information relating to educational interests as he may deem important.

Territorial board.-The Territorial superintendent, principal of the normal school at Edmond, president of the University of Oklahoma, one city and one county superintendent, appointed by the governor for two years, shall constitute the Territorial board of education. They shall have power to grant certificates and diplomas to teachers, certificates to conductors and instructors of normal institutes, shall prepare questions for county and city examinations, shall constitute an advisory board on all matters pertaining to education in the Territory, receiving no compensation beyond necessary expenses incurred in the discharge of duty. Upon application of any college, university, or other educational institution the board may examine courses of study and work done therein, and if the same be found equal to the Territorial normal schools the board may accept certificates of graduation from such institutions in lieu of examinations on the same subjects required for Territorial certificates.

County superintendent.-Elected for two years, women eligible; must hold diploma or first-grade certificate; vacancies filled by county commissioners; salary from $489 to $1,200, according to scholastic population of the county; must furnish $1,000 bond. It shall be his duty to visit each school in his county at least once in each six-months' term, noting government of school, classification of pupils, methods of instruction, and making proper suggestions in private to the teacher, also noting character and condition of schoolhouse, furniture, apparatus and grounds, and report in writing to district board, with suggestions as to improvements; examine accounts and record books of district officers, and see that they are kept and reports made as required by law; encourage the formation of teachers' associations and institutes, attending and participating in the same; hold a public meeting in each school district at least once a year for the purpose of discussing school questions and elevating the standard of education; keep his office at the county seat open at least on Saturdays; keep a complete record of his official acts, of school funds, of the name, age, post-office

address, and other data concerning each candidate for teacher's certificate and each teacher employed in the county. On the last Monday in March, June, September, and December each year he shall report to the Territorial superintendent (per forms furnished by him) detailed statistics of his official acts, prior to which his salary voucher shall not be issued, and by October 15 he shall report to the Territorial superintendent per forms furnished the statistics in detail of all educational matters in the county. He shall divide the county into convenient districts, may change same when interests require, and shall furnish the county clerk by July 4 each year a definition of their several boundaries. He shall apportion school funds among the several districts according to population between the ages of 6 and 21 (but see Finances, Territorial school fund; see also Teachers, Certificates).

District board.-The officers of each school district shall be a director, clerk, and treasurer, elected one each year for terms of three years, who shall constitute the district board. They shall hold a meeting at least five days previous to the annual meeting (see County superintendent) each year for the purpose of preparing report of clerk and treasurer to be submitted to the legal voters of the district at such annual meeting, which report shall show the school statistics of the district and shall be transmitted to the county superintendent for his annual report. For a clerk wilfully to sign a false report is a felony, punishable by from one to three years in the penitentiary. Clerk shall report to county superintendent names of district officers-elect within two weeks after election and the date of beginning of each term of school within two weeks after such beginning. (See also Schools, Buildings; Finances.) The board are the custodians of school property and the corporate representatives of the district. They employ teachers and may, in conjunction with county superintendent, dismiss them for cause. They shall furnish each teacher with a proper school register and see that it is properly kept; visit each school at least twice each term. Vacancies in board are filled by county superintendent.

Citics. Each city having 2,500 inhabitants shall constitute a separate school district; territory outside but contiguous thereto may be attached to a city for school purposes, upon application of a majority of the electors in such territory. There shall be elected annually a board of education, consisting of one member from each ward, to hold office two years. No member of said board shall be a member of the city council, and vice versa. The board may fill vacancies in their membership pending elections, elect their own officers except treasurer, which shall be a president, vice-president, and clerk. The clerk shall give $1,000 bond and receive such compensation as board may determine. The board shall meet the first Monday of each month, and at such other times as circumstances demand. Other powers and duties are: To exercise sole control over schools and school property in the district; establish and maintain a system of graded schools, and a high school whenever the educational interests of the city so demand; elect a superintendent, not of their number, who shall have general supervision of schools, under such regulations as board may see fit, and shall receive such compensation as board may determine; levy a tax (by June 15) for support of schools, not to exceed 15 mills on the $1 of taxable property, to be collected by the county treasurer as other taxes, and board shall not have power to contract obligations in excess of 80 per cent of the tax so levied; issue bonds for building schoolhouses when city so elects, and levy taxes to pay interest and sinking fund. The city boards shall make (between January 1 and 15) an enumeration of children from 6 to 21 years of age, and forward result to county clerk; print an annual report of the condition of schools under their charge, containing statistics in detail.

2. TEACHERS.

Certificates—Normal institutes—Miscellaneous.

Certificates.-The board of county examiners shall be composed of the county superintendent as ex officio chairman and two competent persons appointed by him, which two shall hold diplomas or Territorial or first-grade certificates, and shall receive $3 a day for not exceeding five days in any quarter. Public examinations shall be held at the close of each county normal institute, and on the last Friday and Saturday of January, October, and April, at such places as the chairman may designate by ten days' notice. Successful candidates who shall have satisfied the board of their good moral character and ability to teach and govern schools shall receive certificates, which shall continue in force, unless

revoked for cause, first-grade for three years, second for two, and third for one year. Applicants for first-grade certificates must be not less than 20 years of age; must have taught successfully twelve school months; make a general average of 90 per cent, and in no case less than 70 per cent, in orthography, reading, writing, English grammar, composition, geography, arithmetic, United States history, bookkeeping, physiology and hygiene,a theory and practice of teaching, civil government, and the elements of natural philosophy. For secondgrade, applicants shall be examined in the foregoing subjects, except bookkeeping and natural philosophy, shall have taught three school months, be 18 years of age, attain an average of 80 and not less than 60 in any branch. For third-grade, minimum age, 16; omit civil government; general average, 70, with a minimum of 50 in any branch; third-grade certificate shall be issued not more than twice to same person. Certificates are good only in county where issued, except that other county superintendents may indorse (fee, $1) firstgrade certificates and validate them in their counties. Upon request of a district board, county superintendents may, after satisfactory examination of applicant, issue a temporary certificate valid only in such district until next county examination; no such certificate to be issued to any person who shall have failed in a regular examination, nor to anyone more than once. Violation by county board or superintendent of any provision of law relating to issuance of certificates is a misdemeanor, punishable by fine of $100 to $500. (See also Organization-Territorial board.)

Normal institutes.-County superintendents shall hold in their respective counties annually for not less than two weeks a normal institute for the instruction of teachers and those desiring to teach. With the advice of the Territorial superintendent, the county superintendent shall select time and place, and shall also select a conductor and instructors for the same, each of whom shall hold a certificate from the Territorial board as to his special qualifications for such work. Each candidate for a teacher's certificate shall pay $1, and each person attending shall pay a registration fee of $1, to defray expenses of such institute, of which fund the county treasurer shall be custodian. Two or more sparsely settled counties may unite in holding one institute, the several superintendents designating one of their number to act for the whole, as per above provisions, and the treasurer of the county in which such institute shall be held being custodian of the normal-institute fund. [There are also normal schools at Edmond, Alva, and Weatherford, at which tuition, including music and elocution, is free to those signifying their purpose of becoming teachers in the common schools of the Territory.] (See also Organization-County superintendents.)

Miscellaneous.-Contracts for teaching school shall be in writing, with district board, shall specify wages per week or month agreed upon, and be filed in district clerk's office. Teachers may suspend any pupil guilty of immorality, of persistent violation of school regulations, which suspension shall not extend beyond the current quarter, and pupil shall have the right to appeal to district board of directors, whose decision shall be final. Teachers shall keep an accurate register of daily attendance in a blank book furnished by the board.

3. SCHOOLS.

Miscellaneous provisions--Studies-Buildings and grounds—Union graded schools--Separate schools-High schools.

Miscellaneous provisions.-The length of time that school shall be taught may be determined by the voters of each district at the annual or any special meeting, or, if they fail so to determine, then the district board shall fix the length of term. No district in which school has been taught less than three months in the year preceding shall be entitled to any allotment of school funds. Six hours make a school day, five days a week, four weeks a month. If there be not sufficient school money to support a school for the length of time determined upon, the district board may assess a tuition fee upon each pupil in proportion to the number of days of actual attendance during the term; district boards may admit pupils from without the district upon payment of a tuition

a United States statute approved May 20, 1886: “No certificate shall be granted to any person to teach in the public schools of the District of Columbia or Territories who has not passed a satisfactory examination in physiology and hygiene, with special reference to the nature and effects of alcoholic drinks and other narcotics upon the human system."