the same, and may appoint others of their own members in their places, who shall perform the duties prescribed by law for such officers in the primary school districts in this state, except as hereinafter provided. The trustees shall have power to fill any vacancy that may occur in their number till the next annual meeting. Whenever in any case the trustees shall fail, through disagreement or neglect, to elect the officers named in this section within twenty days next after their annual meeting, the county superintendent of the county in which such district makes its annual report shall appoint the said officers from the members of said trustees.

In a board of six members it requires the affirmative vote of four members to elect teachers, fill vacancies in the membership of the board and make any appropriation of money.

Sec. 3.-(11601)-Classification of scholars.-Said trustees shall have power to classify and grade the scholars in such district, and cause them to be taught in such schools and departments as they may deem expedient; to establish in such district a high school when ordered by a vote of the district at any annual meeting, and to determine the qualifications for admission to such schools; to employ all teachers necessary for the several schools of said district; to prescribe courses of study and textbooks for the use of said schools; and to make such rules and regulations as they may think needful for the government of the schools and for the preservation of the property of the district, and also to determine the rates of tuition to be paid for non-resident pupils attending any school in said district except non-resident pupils attending the high school without charge.

Power given to enforce reasonable rules. Report Cards. 35 Neb., 1. Selection of studies by the parent. 31 Neb., 552.

Sec. 4. (11602)—Statement of receipts and expenditures-EstimatesTaxes. The said trustees shall present at each annual meeting a statement in writing of all receipts and expenditures on behalf of the district for the preceding year, and of all funds then on hand, and an estimate of the amounts necessary to be raised by the district, in addition to the money to be received from the primary school fund and other sources, for the support of the schools of said district for the ensuing year, and for incidental expenses thereof; and the said district may, at the annual meeting, vote such sums, to be raised by tax upon the taxable property of said district, as may be required to maintain the several schools thereof for the year.

FREE HIGH SCHOOL.

Sec. 5.—(11617)—High school grade defined-Course of study-Rules of admission. Provision is hereby made for four years of free public high school education for all the youth of this state whose parents or guardians live in public school districts which maintain less than a four-year high school course of study, on the following conditions, to wit:

First-For the purpose of this act all grades above the eighth grade in any public school district of this state shall be deemed high school grades. The course of study for the first eight grades shall be the course of study prescribed by the state superintendent of public instruction or a course of

study approved by him, and the course of study for the high school grades shall be the Nebraska High School Manual issued jointly by the University of Nebraska and the state superintendent of public instruction or a course of study approved by the state superintendent of public instruction.

Second-Every pupil to be entitled under the provisions of this act to free public high school education in the ninth grade of any public school district maintaining such grade must have a certificate signed by the county superintendent of the proper county that he has completed the course of study prescribed by the state superintendent for work below the ninth grade as set forth in the first condition of this section and that he is unable to secure ninth grade work in the public school district of his residence.

Third-Every pupil to be entitled under the provisions of this act to free public high school education in the tenth grade of any public school district maintaining such grade must have a certificate signed by the county superintendent of the proper county that he has completed the course of study for the ninth grade as set forth in the first condition of this section and that he is unable to secure tenth grade work in the public school district of his residence.

Fourth-Every pupil to be entitled under the provisions of this act to free public high school education in the eleventh grade of any public school district maintaining such grade must have a certificate signed by the county superintendent of the proper county that he has completed the course of study for the tenth grade as set forth in the first condition of this section and that he is unable to secure eleventh grade work in the public school district of his residence.

Fifth-Every pupil to be entitled under the provisions of this act to free public high school education in the twelfth grade of any pubic school district maintaining such grade must have a certificate signed by the county superintendent of the proper county that he has completed the course of study for the eleventh grade as set forth in the first condition of this section and that he is unable to secure twelfth grade work in the public school district of his residence.

Sixth-Every non-resident pupil attending any public school under the provisions of this act shall have the same rights and shall be subject to the same rules and restrictions which govern resident pupils attending such public school. Any public school district unable to furnish accommodations to non-resident pupils without constructing or renting additional buildings, hiring extra teachers, or for other reasonable cause, may refuse admission to any or all such non-resident pupils.

Sec. 6. (11618)—Rate of tuition-District not liable, when.—Every public school district granting free public high school education to nonresident pupils under the provisions of this act shall receive the sum of seventy-five cents for each week's attendance by each non-resident pupil from the public school district in which the parent or guardian of such nonresident pupil maintains his legal residence. Such public school district is hereby made liable for the payment of such tuition. Provided, however, that f such school district in which the parent or guardian of such non-resident

pupil maintains his legal residence is not able to maintain nine months of school out of his [its] own resources after levying the full amount of taxes it is permitted by law to levy for school purposes together with its apportionment from the state school fund, then and in that case, said district shall not be liable for such tuition.

Sec. 7.-(11619)--Application of parent or guardian-Estimate of county superintendent-Levy-The parent or guardian of any pupil desiring to take advantage of the provisions of this act for free hich school education shall make application, in writing, to the county superintendent of the proper county on or before the second Monday in June of each year. Such application must show the number of the public school district in which such parent or guardian maintains his legal residence, the number of pupils for whom free high school education is desired, and the high school grade which cach pupil is to enter. It shall be the duty of the county superintendent to make and deliver to the director or the secretary of the board of education of such public school district on or before the annual meeting of each year an itemized estimate of the amount necessary to pay the tuition of all pupils in that district entitled to and for whom proper application has been made for free high school education as in this act provided. Said estmate shall show definitely the number of pupils for whom proper application has been made for free high school education and the grade each pupil is to enter. The director or secretary of the board of education of such public school district shall include said estimate for free high school education in his itemized estimate which he is required to present at each annual school district meeting as provided in section 11 of subdivision 2, and section 14 of subdivision 4 of chapter 79, Compiled Statutes of Nebraska for 1905 (Wheeler). The legal voters at the annual school district meeting each year shall determine the amount of money required for free high school education during the coming school year as in this act provided, which shall be an amount sufficient to provide free high school education in accordance with the estimate furnished the annual school district meeting by the director or secretary of the board of education as herein required, and the amount of money so required shall be levied as a tax upon all the taxable property of the school district. Immediately after the annual school district meeting and not later than the first Monday in July the district board or the board of education of such public school district shall make and deliver to the county superintendent and to the county clerk of each county in which any part of such public school district is situated reports in writing, of all the taxes, including the tax necessary for free high school education as in this act provided, voted by the public school district for the coming school year, to be levied, on all the taxable property of the district and to be collected by the county treasurer as provided in section 21 of subdivision 5 of chapter 79, Compiled Statutes of Nebraska for 1905 (Wheeler). Said tax for free high school education, when collected, shall constitute a fund to be known as the “Free High School Fund" and shall be placed to the credit of each public school district in which such tax is levied. Money belonging to the Free High School Fund of any public school district shall be paid out by the county treasurer to the treasurer of the public school district earning such tuition at the end of each school term upon an order signed by the direc

tor and countersigned by the moderator of the public school district liable for such tuition, drawn against said fund. Money remaining in said Free High School Fund of any district at the end of each school year after the purpose for which it was raised has been accomplished and after all debts for which said fund is liable have been discharged shall be transferred by the county treasurer to the general fund of each district.

If a school district fails to vote the necessary high school tax, or the district board fails to make the necessary report to the county superintendent, it becomes the duty of the county superintendent to make and deliver such report to the county clerk whose duty it is to make the required levy the same as though the tax had been voted at the annual school district meeting.

The neglect of the parent to discharge his duty means the loss of free high school privileges for his children for the ensuing year.

All the parent needs to decide is that free high-school privileges are desired for the ensu ing year. If proper application is made, the parent or guardian may later make choice of place of attendance.

A pupil seeking free high school tuition must be a resident of the district at the time of the annual meeting, and must at that date have the county superintendent's certificate that he has completed the school work of such district. Otherwise, a district is not legally

answerable for his tuition.

A pupil is entitled to free high school attendance only so long as the legal residence of his parents or guardian is maintained in the district of his residence at the time an application for free high school attendance was made. and in the district in which the tax was levied pay for such free high school tuition. Should the parent or guardian remove to another district before the expiration of the time for which free high school attendance was applied for the district in which a tax was levied should then cease to pay for such pupil. The district is authorized to pay free high school tuition only for the resident pupils of the district who are entitled to such free high school privileges. The pupil becomes a non resident of the district which levied the tax for his tuition when his parent or guardian removes to another district. Such pupils will then have no claim on the district which levied the tax for free high school tuition.

The free high school tax levy is entirely independent of the maximum levy of twenty-five mills for the maintenance of school, and is known as the "Free High School Fund," and as such is to be placed to the credit of each public school district in which such free high school tax is levied. It follows, therefore, that a school district voting twenty-five mills tax for maintaining school must vote in addition thereto, the necessary tax for payment of tuition of all pupils of such district entitled to free high school privileges.

Sec. 8.-(11620)—District board deliver estimate of levy to county clerk. -If the annual school meeting in any public school district wherein there are pupils entitled to and desiring free high school education as in this act provided neglect or refuse to vote the necessary tax therefor, the school district board or the board of education of such public school district shall make and deliver to the county superintendent and to the county clerk of each county in which any part of the school district is situated, not later than the first Monday in July, an itemized estimate of the amount necessary to be expended during the ensuing school year for free high school education by such public school district. It shall be the duty of the county clerk to levy such tax on all the taxable property of such public school district the same as though said tax had been voted by the annual school district meeting, to be collected and disbursed by the county treasurer as provided in section 3 (Section 7 of this subdivision) of this act.

Sec. 8a.—(11621)—Same, county superintendent. If the district board or board of education of any public school district wherein there are pupils entitled to and desiring free high school education as in this act provided neglect or refuse to make and deliver the required estimate as set forth in section 4 of this act, the county superintendent of the proper county shall make and deliver to the county clerk of each county in which any part of such public school district is situated, not later than the first Monday in

August following the annual school district meeting, an itemized estimate of the amount necessary to be expended by such public school district during the ensuing year for free high school education. It shall be the duty of the county clerk to levy such tax on all the taxable property of such school district the same as though such tax had been voted by the annual school district meeting, to be collected by the county treasurer at the same time and in the same manner as the state and county taxes are collected, and when collected to be paid out as provided in section 3 (section 7 of this subdivision) of this act.

Sec. 8b.-(11622)—No levy. In a public school district in which in any year there are no pupils entitled to and desiring free high school education as in this act provided no tax shall be levied for such purpose in that year.

RURAL HIGH SCHOOL.

Sec. 9.-(11604)—Establishment.—Any two or more adjoining school districts in any county of this state which are not able or do not deem it expedient to maintain a school of more than eight (8) grades may unite for the purpose of forming one high school district and maintaining one high school as hereinafter provided.

Sec. 10. (11605)—Proposition Submission-Adoption. The proposition so to unite shall be submitted to the regular annual meeting of each district proposed to be joined in such high school district, or at a special meeting called for the purpose, as provided in subdivision two (2) of chapter seventy-nine (79) of Compiled Statutes, and shall require for its adoption a majority of all the qualified voters present at such meeting in each of the districts proposed to be so joined for high school purposes.

Sec. 11.-(11606)-Establishment completed-Name-Mutual support.—When any two or more adjoining school districts in any county shall have voted to unite for high school purposes, the officers thereof shall certify the fact to the county superintendent of said county, who shall thereupon give to such high school district so formed an appropriate name, not borne by any other school district of high school district in said county, and it shall thereafter be known by such name as the..... High School District of...

County, Nebraska. Where the majority of votes are cast for such a union of districts, and such high school is estiablished, no district can withdraw its support from the union without the mutual consent of all the districts expressed by the majority vote of each.

Sec. 12.-(11607)—Enlargement of district.-After any such high school district has been established, if any adjoining common school district shall, by a majority vote of the qualified voters therein, at any annual or special meeting, express a desire to unite with, and be included in such high school district for the benefits thereof, it may be done; Providing, this proposition is accepted by a majority vote of all qualified voters at an annual or special meeting in a majority of the school districts so united, or if but two districts, in each. Notice of such acceptance, by the president of the high school district to the moderator of said common school district, shall operate as official