and the other two shall be appointed by the State board every two years. County commissioners shall furnish said county board with a suitable office and supply the same with furniture, fuel, lights, stationery, postage, and other incidentals necessary to the proper transaction of official business. The two members of said county board appointed by the State board shall receive as compensation $3 per day when employed (not to exceed seven days) and 5 cents per mile traveled in such public service, except that in counties having more than 50,000 population, per census of 1900, said members shall be compensated for not less than seven nor more than twenty days. The county board shall constitute an advisory body with whom the county superintendent may consult when in doubt as to his official duty, and shall decide local controversies relating to school law; but either party may appeal to the State board. The county board shall meet at least twice a year, times and places to be appointed by State board. Other duties and powers are: To examine applicants for teachers' certificates; divide their counties into school districts, and appoint three trustees for each district; levy an annual tax of 3 mills on the dollar, and apportion same, when collected, among the several school districts of their respective counties.

School districts.-County boards of education shall divide their counties into convenient school districts, in area from 9 to 49 square miles, and shall alter lines and create new districts from time to time as school interests may demand; but no new district shall be formed except upon petition of at least one-third of the qualified voters within such new territory, and no districts shall be consolidated except upon petition of at least one-third of the qualified voters of same. Territory lying within two or more counties may be united in one school district by joint action of the several county boards. Every such school district is a body politic and corporate for school purposes.

Trustees. The county board, on the first Tuesday in July of each even year, shall appoint for each school district in their county three trustees from the qualified electors and taxpayers residing therein, to hold office two years. The trustees shall have the management and control of local public school interests, subject to the supervision of the county board, and shall visit each school in their district at least once in every school term. They shall hold a regular session at least two weeks before the commencement of any or every school term, and a special session upon call of the chairman or any two members. They are empowered to sell any school property, real or personal, within their district whenever they deem it expedient to do so, and apply proceeds to the district's school fund; but they shall first secure the consent of the county board, and within thirty days after such sale they shall report to county board terms and amount of same. All claims against a school district chargeable to the public school fund must be signed by at least a majority of the trustees. Other powers and duties of trustees are: To provide suitable schoolhouses, and make same comfortable; employ teachers from among those having certificates from their county board, fix their salaries, discharge them for sufficient cause, and may impose any additional examinations or qualifications they deem proper before or after employing teachers; suspend or dismiss pupils when necessary; call meetings of voters for consultation in regard to school interests; care for and control school property; may cross all bridges or ferries free of charge when on official business. It shall be unlawful for any school trustee to be pecuniarily interested in any contract with the school district of which he is a trustee, and no teacher shall be employed by a board of trustees who is related to a member of said board by consanguinity or affinity within the second degree, without the written approval of the county board and the written request of a majority of the parents or guardians of the children attending such school.

2. TEACHERS.

Certificates--Employment and duties—Institutes.

Certificates. The county board shall examine all candidates for the position of teacher, and give to each person found qualified a certificate setting forth the branches such teacher is capable of teaching and the percentage attained in each branch, said certificate to be valid for two years unless sooner revoked, and may be renewed with or without examination, at the discretion of the county board. The county superintendent shall keep a register of the name, age, sex,

SOUTH DAKOTA.

1. ORGANIZATION OF THE SYSTEM.

State superintendent-County board-County superintendent-District school board-City board of education.

State superintendent.-There shall be elected biennially a superintendent of public instruction, who shall be charged with the general supervision of all the county schools and the high schools and of all the city and county superintendents of the State. He shall meet the county superintendents at least once a year, prescribe rules for, attend, and assist at teachers' institutes, as far as consistent with his other duties, render a written opinion to any county superintendent asking it touching the administration of school law, and determine cases appealed to him from the county superintendents. He shall be provided with an office at the seat of government, where the records and other accumulations of his department shall be kept open to the governor or committees of either branch of the legislature. All books presented to his office or purchased therefor shall be catalogued and preserved for use of teachers of the State. He shall print and distribute blank forms, make a biennial report to the gov ernor, prepare examination questions, may appoint a deputy, at $1,500 per annum, shall appoint the institute conductors and convene them in annual session, and may grant life diplomas and State first-grade and second-grade certificates after holding examinations. His compensation shall be fixed by law, and in addition he shall receive $500 for traveling expenses.

County board of education.--(See Schools-Text-books.)

County superintendent.-There shall be elected biennially a county superintendent of schools, who shall have the general supervision of the schools of his county. He shall visit each school in the county at least once annually, rectifying the government, instruction, and classification of the schools; at least once each year examine the records and accounts of the district school officers; encourage county normal institutes and district institutes, holding a county institute annually; require the district school officers to assemble annually for the purpose of discussing questions relative to their powers and duties; examine persons applying for positions in the schools and grant special first, second, and third grade certificates and regular third-grade certificates to those qualified; report the school census to the commissioner of school and public lands; annually report to the superintendent of public instruction a full abstract of the reports made to himself by the district officers; apportion school money; and he shall hold no other office.

He shall give bond, with two sureties, in the sum of $500; may provide and furnish at county's expense an office at the county seat, where the accumulations of his department shall be kept, and shall receive a salary ranging between $200 and $1,500, to be determined on a basis of property valuation and population. Vacancy in the office is to be filled by the county commissioners. Failure to report to the State superintendent subjects the county superintendent to a fine of $100 and liability to damages caused by his neglect.

District school board.—in all counties organized for school purposes under the district system each school district shall be and remain a district school corporation, and each ciyil township in every county in the State not organized for school purposes under the district system is constituted a district school corporation. Any township district may be subdivided by vote.

In every district a majority of the electors shall have authority to instruct the district school board concerning the management of the school and to levy taxes for the maintenance of the same.

There shall be elected annually one member of a district school board of three persons, who are to be styled, respectively, chairman, clerk, and treasurer. Boards shall hold regular meetings annually, though special meetings may be i called.

The board shall have the general charge, direction, and management of the school or schools of the district, which they shall organize, maintain, and conveniently locate, and for which they shall employ teachers.

Township high schools may be established.

City boards of education.—When any city or town is divided into wards, there shall be elected annually a board of education consisting of two members from each ward and one at large, each to serve two years, one-half the board retiring

annually. In cities and towns and all corporations not organized as such not divided into wards there shall be as many members of the board of education as there are members of the council or board of trustees.

The board shall levy a tax to support the schools, elect a superintendent of schools not a member of their body, who shall supervise the schools at such salary and during such time as the board may determine.

All records must be kept and reports made in the English language.

2. TEACHERS.

Appointment, qualifications, and duties--Preliminary training-Institutes.

Appointment, qualifications, and duties.-Teachers may be employed by the district board when holding a teacher's certificate valid in the county or city. The agreement shall be in the form of a written contract.

The State diploma shall be valid for life and authorize to teach in any school of the State. It is granted under the following conditions: The presentation of a diploma of an institution, with its course of study, or passage of an examination, ample proof of ten years' successful experience as a teacher, a satisfactory examination in the science and art of teaching, an examination in two branches of the following: Geometry, trigonometry, astronomy, chemistry, zoology, geology; and two from the following: English literature, rhetoric, general history, political economy, psychology. The applicant must also present a thesis on a topic selected by the State superintendent, must show a correct and intimate knowledge of English, must be recommended by persons of liberal education, and must have a good moral character. All recipients of State diplomas, except graduates of accredited South Dakota institutions, pay a fee of $10. A State certificate shall be valid for five years and authorize to teach in any school of the State. A resident graduate of any of the normal schools or resident graduate of the State university who has taken the course in pedagogy as given in that institution shall, upon presentation of a certified copy of his or her diploma, be entitled to receive a State certificate free of charge. An applicant for a State certificate a resident graduate of any college in this State, other than the State normal schools and the State university, having taken a course of study equivalent to the advanced course of study prescribed in any of the State normal schools or equivalent to the course of study prescribed in the collegiate department of the State university and to the pedagogical instruction in said State university required shall, upon filing a copy of his or her diploma, a copy of the course of study pursued specifically showing the amount of class work and a copy of the standings in each branch pursued, all duly certified or proved by the institution of which applicant is a graduate, be exempt from examination, and shall receive a State certificate free of charge. Other applicants shall present evidence of twenty-four months' successful experience and pass a satisfactory examination in algebra, geometry, natural philosophy, physiology, hygiene, drawing, civil government, didactics, general history, American literature, English grammar, orthography, and penmanship. The character of the papers submitted shall determine the candidate's knowledge of English grammar, orthography, and penmanship. The possession of a good moral character shall be deemed a necessary requisite. Graduates of accredited South Dakota institutions receive State certificates free of charge; all others pay a fee of $5.

The State superintendent shall cause to be held at least two examinations each year in every county of the State, at such convenient places as may be designated by the county superintendent. The time for such examinations shall be uniform throughout the State, and the examinations shall be conducted by the county superintendent of the county in which the examinations are held, or by persons appointed by him, strictly according to regulations prescribed by the department of public instruction designed to secure uniformity and fairness. Upon these examinations, the superintendent of public instruction is authorized to issue first grade certificates valid for three years and second grade certificates valid for two years, and any county superintendent may issue third grade certificates valid for one year to those not eligible for first and second grade certificates who pass satisfactory examination in second grade subjects.

A county superintendent may also, on his own examination, issue a certificate of the first, second, or third grade to applicants who present satisfactory proof that they were unable to be present at the public examination, such certificate

ED 1904 M-31

to be valid only in a district specified on its face and until the time of the next succeeding public examination. A first-grade certificate shall be valid in any county in the State. Applicants for certificates of this grade shall pass an examination in orthography, reading, writing, arithmetic, geography, physical geography, English grammar, physiology and hygiene, history of the United States, civil government, current events, American literature, bookkeeping, drawing, and didactics. A second-grade certificate shall be valid in the county in which the examination is held, and may be made valid in any county by the indorsement of the county superintendent of said county. Applicants for certificates of this grade shall pass examinations in orthography, reading, writing, arithmetic, physiology and hygiene, geography, English grammar, history of the United States, civil government, and didactics. Not more than two third-grade certificates may be issued to the same party in any county. No teacher shall be entitled to receive a certificate of any grade who fails to give proper evidence of possessing a good moral character. The county superintendent shall require a fee of $2 from every applicant for a certificate; said fee so collected to be deposited at the close of each examination with the county treasurer, one-half to the credit of the county institute fund and one-half to the credit of the general fund of the State, to be turned into the State treasury. The board of education in cities of the first class shall appoint two competent persons, who, with the city superintendent, shall examine all persons who apply for positions as teachers, and no one who does not hold a State certificate or diploma shall be employed unless holding a certificate from the examining committee.

Teachers shall give definite instruction in morals, temperance, and humane treatment of animals; shall keep the register and make the reports required on penalty of loss of one-tenth of their annual pay.

In cities and other independent districts persons exclusively engaged in teaching music, drawing, penmanship, bookkeeping, foreign languages, or kindergarten methods shall not be required to hold a county certificate.

Institutes. The county superintendent shall annually hold a normal institute between April 1 and September 15, of not less than five days' duration, for the instruction of teachers and of those desiring to teach, the conductor of which shall be appointed by the State superintendent. City teachers must attend county institutes. It is the duty of the county superintendent to hold two district institutes during the year, either in a district or group of districts.

3. SCHOOLS.

Attendance-Character of instruction-Text-books-Libraries—Buildings. Attendance. If any district fails to levy a sufficient tax to support a school for the six months, the board of county commissioners shall levy a tax on the property of the district that will be sufficient for the purpose, not to exceed 2 per cent of the taxable property in the district. Any school may be discontinued by its district board for the purpose of combining two or more schools into one and making arrangements for the transportation of the pupils to said school or schools if, in the judgment of the board, it is to the best interest of the pupils and the district. Schools shall be free to all pupils from 6 to 20 years of age. Every person having under his control a child between the ages of 8 and 14 years shall cause such child to attend for at least twelve weeks annually, at least eight of which shall be consecutive, in some public day school in the district in which he resides, which time shall commence with the beginning of the first term of the school year or as soon thereafter as due notice shall be served upon the person having such control of his duty under this act. For every neglect of such duty the person offending shall forfeit to the use of the public schools of his school corporation a sum not less than $10 nor more than $20, and shall stand committed until such fine and costs of suit are paid. But if the person so neglecting shall show to the board of education or district school board, as the case may be, that such child has attended for a like period of time a private day school or that instruction has otherwise been given for a like period of time to such child in the branches coLamonly taught in a public school, that such child has already acquired the branches of learning taught in the public schools, or that his physical or mental condition as declared by a competent physician is such as to render such attendance inexpedient and impracticable, then such penalty shall not be incurred. Such fine shall be paid, when collected, to the county treasurer or the treasurer of such city or independent district

in which such child and parents reside, to be credited by him as other money raised for school purposes to the district from which it came.

It shall be the duty of the president of the board of education in every city or other independent district and the chairman of every district school board carefully to inquire concerning all supposed violations of this article and to enter complaint against all persons who shall appear to be guilty of such violation. It shall also be the duty of said officers to arrest children of a schoolgoing age who habitually haunt public places and have no lawful occupation, and also truant children who absent themselves from school without leave, and to place them in charge of the teacher having charge of the public schools which said children are by law entitled to attend. And it shall be the duty of said teacher to assign such children to the proper classes and to instruct them in such studies as they are fitted to pursue.

Any school officer failing or neglecting to perform the duty required of him by this article shall be liable to a fine of not less than $10 nor more than $20 for every such offense.

No child between 8 and 14 years of age shall be employed in any mine, factory, workshop, or mercantile establishment, or, except by his parent or guardian, in any other manner during the hours when the public schools in the city, town, village, or district are in session, unless the person, firm, or corporation employing him shall first procure a certificate from the superintendent of the schools of the city, town, or village, if one be employed, otherwise from the clerk of the school board or board of education, stating that such child has attended school for the period of twelve weeks during the year, as required by law, or has been excused from attendance; and it shall be the duty of such superintendent or clerk to furnish such certificate upon application to those entitled to demand it. Every owner, superintendent, or overseer of any mine, factory, workshop, or mercantile establishment, and any other person who shall employ any child between 8 and 14 years contrary to these provisions shall be fined for every offense from $10 to $20 and costs. And any person having control of a child, who, with intent to evade these provisions, shall willfully nake a false statement concerning the age of the child or the time the child has attended school shall be fined for each offense from $10 to $20.

Any pupil who shall successfully complete the work of the eighth grade as established in the State course of study is privileged to continue his school work up to and including the twelfth grade by attending any neighboring graded school furnishing a higher course of study; and the tuition charges therefor shall be paid by the board of his home district, provided his home district does not offer instruction in such higher grades.

Character of instruction.-Teachers shall classify the work in their schools in accordance with the suggestions, grades, and outlines as prescribed in the course of study recommended by a majority of the county superintendents of the State and the State superintendent, and shall hold examinations. Instruction shall be given in reading, writing, orthography, arithmetic, geography, English grammar, history of the United States, temperance, physiology and hygiene, and civil government. It shall be the duty of the district board to provide for such extra branches of study as may be desired by the electors.

Text-books. The county superintendent, the president of the board of education of all cities or towns, the county auditor, the county attorney, the board of county commissioners, their successors in office, and one person from each commissioner's district who shall be selected by the members of the school boards of such commissioner's district present at a meeting to be called by the county superintendent, shall constitute the county board of education of each county in this State for the purpose of selecting and adopting all the text-books needed for use in the public schools in the county. The county superintendent shall in all cases be chairman of the county board of education, and the county auditor, secretary, and a majority of said board shall constitute a quorum for the transaction of business.

The county board of education shall meet at the office of the county superintendent of each county of the State on the second Tuesday of June, 1907, and every five years thereafter, and select and adopt a complete series of text-books to be used in the schools of the county: Provided, That the boards of education in cities and towns may adopt additional books for higher classes in their schools. The county board of education shall advertise for twenty days in a newspaper published in each county that at a time and place named in said notice said board will receive sealed bids for furnishing school books to the pupils of all public schools in the county for a term of five years.