shall pass a satisfactory examination in orthography, reading, penmanship, geography, arithmetic, physiology and hygiene, English composition, English grammar, and United States history.

Sec. 10.-(11657)—Preparation of examination questions-Marking and filing papers.-The state superintendent of public instruction shall prepare all questions for the examination of applicants for teachers' certificates as provided under this act, both county and state, and shall prescribe all rules and regulations for the conduct of all such examinations, and shall determine the times and places for all examinations, except as hereinafter provided. He shall examine, mark, and file, or cause to be examined, marked, and filed, all answer papers submitted by candidates for state and county certificates, which answer papers shall be forwarded by the county superintendent immediately after the close of each examination to the state superintendent of public instruction. He may appoint a committee of three competent persons and such clerical force as he may deem necessary to assist him in all such examinations, who shall make a complete and accurate record of all such examinations to be kept on file in the office of the state superintendent. Provided, That the state superintendent may require county superintendents to assist him in the preparation of examination questions for county certificates.

Sec. 11.-(11658)-Examinations, how conducted-Certificate, how issued. The county superintendent shall hold a public examination of all persons offering themselves as applicants for teachers' certificates on such dates as may be arranged by the state superintendent of public instruction and on the third Monday* (Saturday) of each month (except when such examination is suspended by the state superintendent), at which time he shall examine them by the series of written or printed questions according to the rules and regulations prescribed by the state superintendent of public instruction. The county superintendent shall forward all answer papers submitted by candidates for teachers' certificates, designating each by a number instead of a name, immediately after the close of the examination, to the state superintendent of public instruction for examination, marking, filing and recording. The state superintendent of public instruction shall transmit within thirty days from date of said examination a record of the standings of each applicant for a county certificate to the county superintendent, who shall then grant to the applicant a certificate of qualifications if the applicant is found to possess the requisite knowledge and understanding to teach in the common schools of the state the various branches required by law, provided the county superintendent has satisfactory evidence that the candidate is a person of good moral character, has had successful experience, if any, and possesses an aptness to teach and govern a school. Provided, that the county superintendent at his discretion in case of emergency, may grant permission to teach until the results of the next regular examination are received from the state superintendent of public instruction to any person applying at any

*The word "Monday" was inserted in the law by mistake. The state superintendent has therefore suspended all Monday examinations and arranged to have examinations held on the third Saturday of each month.

other time than at a regular examination, who can show satisfactory reasons for failing to attend such examination and satisfactory evidence of qualifications, subject to such rules and regulations as may be prescribed by the state superintendent of public instruction; but such permit shall not be granted more than once in any county to the same person. Provided further, that in emergencies arising from a scarcity of teachers in any county, the state superintendent of public instruction may at his discretion, upon the recommendation of the county superintendent, grant permission to teach in a specified district for a specified term of school, the person given such permission to teach being required to attend teachers' examinations and to write upon such subjects as the county superintendent may direct. Provided further, that the county superintendent may, at his discretion, grant a first grade county certificate, without examination, to a graduate of a college, university, or state normal school, subject to such rules and regulations as may be prescribed by the state superintendent of public instruction.

Sec. 12-(11659) —The first grade state certificate and the city state certificate may be re-issued under such rules and regulations as the state superintendent may prescribe. First and second grade county certificates may be re-issued, without examination, at the discretion of the county superintendent, under such requirements as may be imposed by the State superintendent of public instruction.

The certificate issued by the county superintendent shall be valid only in the county where issued.

Under the new certification law neither the county superintendent nor the state superintendent can endorse any certificate, county, city or state, issued in Nebraska or in any other state. The powers and duties of the county superintendents as well as the state superintendent are derived entirely from the authority conferred upon them by statute. They can exer cise only such powers as are specifically granted by law. It must appear from the records of their proceedings that they have jurisdiction or their acts will be void. This is the principle of law laid down in the case of Ratcliffe vs. Faris of the supreme court of Nebraska. While the state superintendent is not prohibited by specific act from endorsing certificates granted in other states, he is not given that authority. Hence were he to attempt it his act would be illegal. The county superintendent is absolutely prohibited from endorsing any certificate as is evident from the last paragraph of section 12, subdivision 9a, School Laws, for 1907, which reads: "The certificate issued by the county superintendent shall be valid only in the county where issued."

Sec. 13.-(11660)—Revocation.-Every certificate issued under the provisions of this act shall be revoked by the authority issuing the same for any cause which would have authorized or required such authority to refuse to grant it if known at the time it was granted, and for incompetence, immorality, intemperance, cruelty, crime against the law of the state, negligence of duty, or general negligence of the business of the school. The revocation of the certificate shall terminate the employment of such teacher in the school where he or she may at the time be employed, but such teacher must be paid up to the time of receiving notice of such revocation. The authority revoking such certificate must immediately notify the director of the school district or the secretary of the board of education where such teacher is employed. And the authority revoking such certificate shall notify the teacher of such revocation, and must enter his action in such case in the books or records of his office.. Provided, however, that no certificate

shall be revoked without due notice from the proper authority, and an opportunity given the teacher to explain or defend his or her conduct.

A county superintendent has no authority whatsoever to revoke a state certificate. If he attempt to revoke such certificate his act is null and void. Where a county superin tendent desires the revocation of a state certificate he should make his charges specific and file them with the state superintendent, who will set a time and place for the teacher whose certificate is thus attacked to show cause why it should not be revoked.

The revocation of a county certificate rests solely with the county superintendent. The state superintendent may, however, prefer charges against the holder of a county certificate. He may also revoke or annul the grades of any teacher which have been earned or accepted under the new certification law, when it becomes evident that such grades were obtained through fraud or collusion.

Sec. 14.-(11661)-Fees.-Each applicant who is examined for a county certificate shall pay one dollar and fifty cents to the county superintendent, one dollar of which shall go to the teachers' institute fund to be used by him in support of teachers' institutes as provided in section 11152 of subdivision 10, chapter 51, Cobbey's Annotated Statutes of Nebraska for 1903, and fifty cents of said fee shall be used by the superintendent of public instruction as hereinafter provided. It shall be the duty of the county superintendent immediately after each examination to forward fifty cents for each applicant for a teacher's county certificate at such examination to the superintendent of public instruction, such sums to be used by him as hereinafter provided. Each applicant for a professional state certificate shall pay one dollar to the superintendent of public instruction, to be used by him as hereinafter provided.

Sec. 15.-(11662)—Registration.-Each holder of an elementary or second grade state certificate, or a first grade certificate or a professional state certificate good for life shall, before he begins to teach, register the same in the office of the county superintendent of the county in which he shall teach, and for such registration he shall pay a fee of one dollar, which fee shall go into the institute fund of such county.

The above state certificates, when used simply as credentials for securing city state certificates, need not be registered in the office of the county superintendent.

Sec. 16.-(11663)—Funds, how used. For the purpose of carrying out the provisions of this act, the superintendent of public instruction is hereby authorized to use all fees that may come into his hands as provided herein and also such amount from the appropriations for his office expenses as may be necessary for the payment of the state examining committee and clerical assistance as herein provided for the preparation of examination questions and for the reading of all teachers' answer papers, and work and expenses connected therewith. Provided, That if the fees received by the superintendent of public instruction shall be in excess of the amount necessary for payment of the state examining committee and clerical assistance and other expenses connected with such examinations, such excess shall be returned to the respective county superintendents pro rata according to the amount received from each county, and the amounts so returned shall go into the institute funds of such counties.

The superintendent of public instruction shall make a semi-annual statement to the governor of all moneys received by him for such fund and of 'l moneys disbursed by him from such fund, and also a statement show

ing how much money, if any, he shall have found necessary to use from the appropriations for his office expenses in carrying out the provisions of this

act.

Sec. 17. (11664)—High school teachers, qualifications.-On and after September 1, 1907, no person shall be granted a certificate to teach in the high school department of any high school district or in the high school department of any city school district in this state who is not a graduate from a regular four-year course of a college or university, or a graduate from the advanced course of a college, university or normal school in this state authorized by law to grant teachers' certificates, or who does not hold a professional state certificate obtained from the state superintendent on examination before him or a committee appointed by him as provided by

law.

Sec. 18.-(11665)-Grade teachers, qualifications.-On and after September 1, 1907, no person shall be eligible to teach in the grades below the high school department in any high school district or in the grades below the high school department in any city school district in this state who does not hold at least a second grade county certificate issued in Nebraska.

Does not mean that a teacher must hold literally a second grade county certificate, but a certificate in every respect the equivalent of a second grade county certificate. This is a question which may be properly adjudicated by a conference between the county superintendent and the city superintendent. In the event of their disagreement it is a question to be referred to the state superintendent.

SUBDIVISION X.-TEACHERS' INSTITUTES.

Section 1.-(11696)-Kinds of institutes.-For the purpose of allowing teachers an opportunity to improve themselves in the art of teaching and to promote uniform methods of instruction in the public schools of the state, county teachers' institutes shall be organized and conducted annually, during the months of June, July or August, by county superintendents; provided that two or more county superintendents, with the approval of and in conjunction with the state superintendent of public instruction, may organize and conduct joint institutes at such time and place and for such length of term as they may deem practicable, in lieu of the county institute.

Sec. 2.-(11697)-Duty to attend institutes.-It shall be the duty of county superintendents and teachers to attend the institute of their county,

or district, in case of joint institutes, at least one week for the purpose of comparing notes, planning and outlining the work of the current or coming school year and to study methods of school work and the science and art of teaching.

Sec. 3.-(11698)—Institute fund. For the purpose of defraying the expense of these institutes there is hereby appropriated the entire institute funds of the county or counties for which the institute is organized and conducted, or so much of said fund as may be necessary; Provided, That in the case of joint institutes the expense shall be borne by the institute fund of the counties represented pro rata according to the number of teachers in attendance from each county.

Sec. 4.-(11699)-Same.-To form a fund to defray the expense of institutes, each teacher examined for a certificate, or who has a certificate renewed or endorsed, or who has a certificate or diploma registered by the county superintendent, shall pay the sum of one dollar to the county superintendent; and at the time of the institute each person in attendance may be required to pay an additional sum not to exceed one dollar per week as an institute enrollment fee; to which sum thus raised the county commissioners shall add each year the sum of twenty-five dollars from the general fund of the county, and if they deem it desirable they may increase the amount to any sum not to exceed one hundred dollars. The county superintendent shall make a semi-annual statement under oath to the county commissioners of all moneys received by him for the institute fund and of all moneys disbursed by him from said fund.

Sec. 5.-(11700)—Disbursement of fund.—All disbursements from the institute fund shall be upon the order of the county superintendent and upon bills approved by him, which bills shall be filed at his office.

Sec. 6. (11701)-Notice of institute. The county superintendent shall notify all teachers, and the board of all school districts in his county of the time when the institute will begin and all common schools shall be closed during the continuance of the institute.

Sec. 7.-(11702)—May revoke certificate for non-attendance at institute. The county superintendent may at his discretion revoke the certificate of or refuse to grant a certificate to any teacher who fails or refuses to attend the county or joint institute. Should graduates from the elementary course of the state normal school refuse to attend such institute, it shall be the duty of the county superintendent to report said refusal to the principal of the normal school who shall revoke the certificate of said normal graduate; Provided, That the county superintendent may excuse experienced teachers from such attendance when application is made before the opening of the institute and satisfactory reasons for absence are given in writing by such teachers.

A county superintendent should not revoke a teacher's certificate on a partial hearing, but should act in such matters only after a full hearing of the evidence for and against such revocation.

It is legal to receive the enrollment fee of teachers excused from attending the institute.