and board shall advertise by newspaper for proposals to furnish books, which proposals shall state an exchange, a wholesale, and a retail price at which such books will be furnished. A sample copy of each book contracted for shall be deposited by the publisher with the State superintendent.

Buildings. The control of school property is vested in the board of directors, and such property may be acquired or sold by the board when authorized by the district meeting. Any pupil who shall in any way cut, deface, or otherwise injure any schoolhouse, furniture, fence, or outbuilding thereof, or any book belonging to another pupil or to the district library shall be liable to suspension and punishment, and the parent or guardian of such pupil shall be liable for damage on complaint of the teacher or any director and proof of the same.

4. FINANCES.

Funds (permanent and special)—Taxation.

Funds (permanent and special).—The principal of the common school fund shall remain permanent and irreducible. The said fund shall be derived from the following-named sources: Appropriations and donations by the State to this fund; donations and bequests by individuals to the State or public for common schools; proceeds of lands and other property which revert to the State by escheat and forfeiture; proceeds of all property granted to the State, when the purpose of the grant is not specified or is uncertain; funds accumulated in the treasury of the State for the disbursement of which provision has not been made by law; proceeds of the sale of timber, stone, minerals, or other property from school and State lands other than those granted for specific purposes; all moneys received from persons appropriating timber, stone, minerals, or other property from school and State lands other than those granted for specific purposes, and all moneys other than rentals received from persons trespassing on said lands; 5 per cent of the proceeds of the sale of public lands lying within the State which shall be sold by the United States subsequent to the admission of the State into the Union, as approved by section 13 of the act of Congress enabling the admission of the State into the Union; the principal of all funds arising from the sale of lands and other property which have been or hereafter may be granted to the State for the support of common schools. The legislature may make further provisions for enlarging said fund. The interest accruing on said fund, together with all rentals and other revenues derived therefrom, and from lands and other property devoted to the common school fund, shall be exclusively applied to the current use of the common schools.

All schools maintained or supported wholly or in part by the public funds shall be forever free from sectarian control or influence. All losses to the permanent common school fund which shall be occasioned by defalcation, mismanagement, or fraud of the agent or officers controlling or managing the same shall be audited by the proper authorities of the State. The amount so audited shall be a permanent funded debt against the State in favor of the particular fund sustaining such loss, upon which not less than 6 per cent annual interest shall be paid.

Taxation. In addition to the provisions for the support of common schools hereinbefore provided, it shall be the duty of the State board of equalization annually, at the time of levying tax for State purposes, to levy a tax that shall be sufficient to produce a sum which, when added to the estimated amount of money to be derived from the interest on the State permanent school fund for the current fiscal year, shall equal $10 for each child of school age residing within the State, as shown by the last report of the several county superintendents to the State superintendent, provided said tax shall not exceed 5 mills on the dollar. Said tax levy shall be certified to the several county auditors in the same manner as other State taxes are required to be certified, and shall be collected and transmitted to the State treasurer at the same time and in the same manner as other State taxes are required to be collected and transmitted; and it shall be the duty of the State auditor, within thirty days after the date at which county treasurers are required to transmit State funds to the State treasurer, to certify to the State superintendent the amount of all State annual school funds in the hands of the State treasurer subject to apportionment.

For the support of the common schools there shall also be set apart by the county treasurer all moneys arising from fines for breach of any penal law of the State, and it is hereby made the duty of all county clerks, justices of the peace, or other officers receiving any moneys arising from such fines or licenses,

or any other moneys belonging to the school fund as above provided, to turn the same over to the county treasurer within thirty days after the date of its collection, taking his receipt therefor; and all such officers shall make a report to the county superintendent quarterly.

The board of directors may, for the purpose of furnishing additional school facilities for the district, the payment of teachers' wages, or for the building of one or more schoolhouses, or for the repairing of any school house or houses, or for the building of additions thereto, or for the purchase of fuel, supplies, globes, maps, charts, books of reference, or other appliances for teaching, levy a special tax not to exceed 10 mills on the dollar: Provided, That no tax exceeding 5 mills shall be levied until such levy shall have been ordered by a majority vote of the legal voters of the district at an election called for the purpose.

In cities of 10,000 or more inhabitants the board of education shall annually report to the county commissioners an estimate of the amount of funds required for the school system, in addition to the estimated receipts from the State, which sum the county commissioners are required to levy and collect; but the aggregate school tax shall never exceed 1 per cent upon all the taxable property of the district. No county tax for school purposes shall be levied upon the property situate within the limits of any school district provided for in this act, nor shall any such district be entitled to or receive any portion of the common school fund raised by county tax. In case the purchase of sites and erection of buildings shall require more than $50,000 in any one year, the metter shall be submitted to the voters.

The board of directors of any school district may borrow money and issue negotiable coupon bonds therefor to an amount not to exceed 5 per cent of the taxable property in such district, as shown by the last assessment roll for county and State purposes: Provided, That in incorporated cities the assessment shall be taken from the last assessment for city purposes, for the purpose of funding outstanding indebtedness on bonds, or for the purchase of schoolhouse sites, or for building schoolhouses and providing the same with all necessary furniture' and apparatus, when authorized by vote of the district so to do, but the bonds so issued shall bear a rate of interest not to exceed 6 per cent per annum, payable and redeemable at such time as may be designated in the bonds, but not to exceed twenty years from the date of issue.

The county commissioners must ascertain and levy annually the tax necessary to pay the interest upon such bonds as it becomes due; and at the expiration of one-half of the time for which said bonds are to run, and annually thereafter until full payment of said bonds is made, they may, if deemed advisable, levy, in addition to the tax required to pay the interest, such amount for sinking fund to meet the payment of said bonds at maturity, to be determined by dividing the amount of bonds outstanding by the remaining number of years to run, and the fund arising from such levy shall be kept as the bond-redemption fund of said district, and each of said tax levies shall be a lien upon the property in said district, and must be collected in the same manner as taxes for other school purposes.

WEST VIRGINIA.

1. ORGANIZATION OF THE SYSTEM.

State superintendent-State board of examiners—Board of the school fundCounty superintendent-District board-Subdistrict trustees.

State superintendent.—There shall be elected a State superintendent of free schools, whose term of office shall be the same as that of the governor. He shall be a person of good moral character, temperate habits, of literary acquirements and skill and experience in the art of teaching, and shall be paid $3,000 annually, and necessary expenses not to exceed $500 per year. He shall have his office and residence at the capital, have an official seal, sign all requisitions on the auditor for the payment of State money for school purposes, supervise all county superintendents and free schools of the State, see that the law is executed, prepare and forward all blanks required, correspond with educators and school officers abroad, collate the result of his investigations, make himself acquainted with peculiar wants of each section of the State, and annually report to the governor. He shall have general control of all matters relating to the examination of applicants for teachers' certificates and the issuance of the same.

State board of examiners.-There shall be a State board of examiners, consisting of five competent persons, one from each Congressional district, to be appointed by the State superintendent, to serve for four years. (See also Teachers-Appointment and qualifications.) Each member receives a per diem of $5 for time actually spent in discharge of duty and 6 cents a mile for distance traveled.

State board of the school fund.-(See Finances.)

County superintendent.-A county superintendent of free schools shall be elected every four years by the county electors. He shall visit each school within his county at least once during the school year and note its scholastic character and physical surroundings, and shall labor steadily to procure uniformity of instruction throughout the county and promote the efficiency of the teaching force, reporting concerning these facts annually to the State superintendent. He shall make up a report to the State superintendent from the district reports to him concerning the condition of schoolhouses, the value of apparatus, and the volumes in and value of school libraries, and, further, to report the districts failing to make a return of the number, etc., of youth within them, and those that have failed to make the annual district levy for support of primary schools. County board of examiners.-There shall be in every county a board of examiners, composed of the county superintendent and two experienced teachers, who shall be nominated by the county superintendent and appointed by the presidents of the district boards of education for a period of two years, one retiring annually. They shall each receive pay at the rate of $3 per day of actual service, to be paid out of the fees collected from applicants for certificates. The county board of examiners are under the government and control of the State superintendent, who shall designate the time of examinations, to be held simultaneously in all counties of the State, not exceeding five in any one year, for which the State superintendent shall prepare questions and send them under seal to the county superintendent, who, with the other examiners, shall open them in the presence of the applicants assembled for the examination. The examiners shall collect the manuscripts and send them under seal to the State superintendent, who shall grade them and issue the certificates. All applicants pay an examination fee of $2.

District board.—The district board of education shall be composed of a president and two commissioners, elected by the voters of each school district (coextensive with each magisterial district of the county) for terms of four years, the two commissioners to retire at biennial intervals. They shall appoint for each subdistrict three intelligent trustees, each to hold for three years, one to retire annually. The board of education shall fix the salary of the teachers and elect a secretary, who shall not be a member. The board shall have general control and supervision of the schools and school interests, determining the number and location of its schools, provided that every village of 50 or more inhabitants shall be included in one subdistrict. The district board shall cause a sufficient number of primary schools to be kept, require every teacher to enumerate the youth (6 to 21), and report the following facts: Youth 6 to 16 years of age, youth 16 to 21 years of age, distinguishing sex and race, determine the rate of taxation necessary for teachers' and building funds, and furnish record books and blanks to teachers. The members receive $1.50 per diem, not exceeding $10.50 a year, one day of which shall be spent in attending a teachers' institute. Subdistrict trustees.-The trustees of the subdistricts are three in number, appointed for three years by the board of education, one retiring annually. They shall have charge of the schools in their district and appoint teachers, making a written contract; visit every school under their charge, once within two weeks after the opening and again within two weeks before its close, thoroughly inspecting the premises, the character of instruction, and the proficiency of the pupils; may purchase fuel, brooms, and other things incidental to schoolroom use, and make repairs, rendering an account to the secretary of the board of education.

2. TEACHERS.

Appointment, qualifications, and duties—Preliminary training-Meetings. Appointment, qualifications, and duties.-No teacher shall be employed without having a certificate of qualification to teach and govern a school. Examinations are conducted by the county board of examiners under the direction and control of the State superintendent, who issues the certificates. No college

diploma or certificate of recommendation shall supersede the necessity of an examination. The certificates shall be graded as follows: The first-grade certificate shall be issued for five years to all applicants who obtain an average of 90 per cent (not less than 75 in any subject) on examination in all the branches required to be taught in the primary schools, the theory and art of teaching, general history, civil government, and bookkeeping. The second-grade certificate shall be issued to all applicants who obtain an average of 80 per cent (not lower that 70 in any branch) on the same branches as required for first-grade certificates, and is good for three years. The third-grade certificate shall be issued to those who obtain an average of 70 per cent (not lower than 60 per cent in any one branch) on the same branches as required for first-grade certificates; it is valid for one year and may be reissued once only. Failure to attend a county institute without good excuse disqualifies for teaching that year.

The State board of examiners issue two grades of certificates-first class, valid for twelve years; second class, for six years. First-class certificates are issued to persons who possess the requisite scholarship and professional experience; second class, to applicants who, in addition to the branches required for the county certificate, pass in four other branches. Second-class certificates are granted to the graduates of the State normal school, the State university, the Peabody Normal College of Tennessee, and of other schools in the State approved by the board, when such graduates have taught successfully three years in the State under a No. 1 county certificate, two of which shall immediately precede the date of the application for certificate. Persons teaching successfully four years under a second-class certificate shall be entitled to a first-class certificate at the expiration of the second class. Each applicant shall pay a fee of $5.

Every teacher shall keep a register, in which he shall enter the date of the beginning and close of the term, the name, sex, age, and studies of each pupil, and other particulars specified by authority. Failure to properly keep and deposit the register forfeits the balance due to the teacher. Teachers are required to take the school census.

Preliminary training.-The West Virginia Normal School (Marshall College), with its five branches, is under the control of a board of regents of the State normal school, appointed by the governor. There are two State institutions for the education of colored youths, and the State superintendent is authorized to arrange with some other institution within the State for the training of a number of colored teachers.

Institutes. Teachers' institutes are held in each county of the State annually, continuing five days, under the direction of the county superintendent and instructors appointed by the State superintendent. Teachers pay an enrollment fee of $1, and are allowed pay at the rate of $1.50 per day for attendance, and failing to attend they are not allowed to teach unless excused from attendance by the county board of examiners. Members of boards of education are allowed pay for one day's attendance. District institutes, one or more annually in each district, are conducted by county superintendents, and teachers are allowed pay for one day's attendance.

3. SCHOOLS.

Attendance-Character of instruction-Text-books-Buildings.

Attendance.-White and colored children are to be taught in separate schools. Every youth between the age of 6 and 21 years shall have a right to receive instruction at the free primary schools. Subdistrict trustees shall provide one or more primary schools for the colored children when they number more than 10, or the board of education shall provide other equal educational facilities. Schools must be kept at least five months.

Character of instruction.-In the primary schools there shall be taught orthography, reading, penmanship, arithmetic, English grammar, physiology, general history, history of the United States and of West Virginia, geography, singleentry bookkeeping, civil government, and the theory and art of teaching. It shall be the duty of the State superintendent to prescribe a manual and graded course of primary instruction to be followed in the country and village schools, and for the graduation of those completing the course.

Text-books. For the purpose of selecting text-books for use in the free schools of the State there is established in every county a school-book board, composed of the county superintendent, who is ex officio secretary, and eight

other respectable citizens, at least four of whom shall be freeholders and not school teachers, and at least three of whom shall be teachers holding a No. 1 certificate and engaged in teaching. The said eight persons are appointed by the county court, and not more than five shall belong to the same political party. They hold office for four years, and all contracts are made for a period of five years. Boards of education are authorized, at their option, to purchase and supply to the pupils of their district all necessary text-books free of charge.

Buildings.-The board of education of every district shall provide suitable schoolhouses and grounds, but in erecting buildings they must submit the plan. to the county superintendent, whose duty it is to be acquainted with the principles of schoolhouse architecture, and in all his plans he shall study economy, convenience, health, and durability. To provide sites, schoolhouses, and furniture a district tax must be levied, not to exceed 40 cents on the $100 of property, except that for the support of district high schools an additional levy not exceeding 30 cents on the $100 valuation may be laid.

4. FINANCES.

Funds (permanent or special)—Taxation.

Funds (permanent or special).—The money accruing to this State from forfeited, delinquent, waste, and unappropriated lands and lands sold for taxes, the State's share of the literary fund of Virginia, or other claims of an educational nature upon her, estates of intestates, escheated lands, the taxes levied upon the revenues of corporations and exemptions from military duty, constitute the school fund, now limited by the constitution to $1,000,000. For the management of the fund a board of the school fund is created, composed of the governor, State superintendent, auditor, and treasurer. The interest of the fund is applied annually to the support of free schools.

Taration. The legislature shall levy for support of free schools an annual capitation tax of $1 on every male inhabitant of 21 years or more.

For the support of free schools there shall be a State tax of 10 cents on the $100, which, together with the interest of the school fund, forfeitures, fines, and confiscations, the annual capitation tax, dividends on bank stock held by the board of the school fund, shall be called the general school fund, and shall be annually distributed to the several counties in proportion to the youth therein, less the salary and expenses of the State superintendent; but no district is to receive its share unless it has annually raised enough money in connection with the State apportionment to keep the schools open for at least five months, or as many as have been settled upon by the voters: Provided, That the local tax shall not exceed 80 cents on the $100, the levy and the State money to be called the teachers' fund. To provide buildings, sites, furniture and appliances, and repair them, the board of education shall annually levy a tax on the property in the district not to exceed 40 cents on the $100.

WISCONSIN.

[Although the following digest of the school law of Wisconsin does not formally comply with the scheme prepared by the Bureau, yet, as much of the information called for by that scheme can be found in the digest, it has been deemed advisable to print it as it stands.]

The statute provides for the organization of school districts, which shall consist of contiguous territory, but must not contain more than 36 square miles. It also provides for the organization of towns under the township system of school government. Under this system the number of square miles which may be organized as a township district is not limited. Under the independent system of school government the electors at the annual school meetings, held the first Monday in July of each year, are authorized to elect a school district board of three members-clerk, director, and treasurer. The term of office is three years. If vacancies occur they may be filled by appointment by the other members of the board if made within ten days. If not made within ten days they are filled by an appointment made by the town, city, or village clerk. Under the township system of school government the town is, for convenience, divided into subdistricts, the annual meeting of which is held the first Monday

ED 1904 M-33