be a district formed for them, or the same may be transferred to any other district in this Territory which said children' may attend. The board of school directors of the district, upon proper showing, may draw their warrant in favor of the district which said children have attended. SEC. 8. When separate schools are established as provided in this act, the term of school shall be the same in each school year and shall be provided with equal school facilities: PROVIDED, That where school boards have provided separate school buildings and teachers for the education of colored children in their respective districts, where no special school has been established as now provided by law, said school boards shall have the right to maintain said separate school until said separate schools have been established as provided in this act. SEC. 9. It shall hereafter be unlawful for any white child to attend a colored school or for a colored child to attend a white school, and any person or resident member of such school district shall have the right to commence and litigate an action in his own name and upon behalf of himself, to compel such district school board or board of county commissioners or the county superintendent of public instruction to comply with the provisions of this act, and shall have his remedy against said board by writ of mandamus in any court having jurisdiction, and any such member or resident of such school district, shall have the right by writ of injunction commenced in his own name and upon his own behalf to restrain any person or persons, district, city or town school board, board of county commissioners, or county superintendent of public instruction from violating any of the provisions of this act. Section 10, article 8, of chapter 73, of the statutes of 1893, and all laws and parts of laws in conflict with the provisions of this act are hereby repealed. * * NOTE: This law has been declared invalid by Associate Justice Keaton of the Supreme court of Oklahoma. His opinion in part is as follows: "A statute must be capable of construction and interpretation, otherwise it will be inoperative and void If it is impossible to solve the doubt or dispel the obscurity found in the statute, it is inoperative and void. * Whether a statute be a public or private one, if the terms in which it is couched be so vague as to convey no definite meaning to those whose duty it is to execute it, it is necessarily inoperative and void. The law must remain as it was, unless that which professes to change it be itself intelligible." The Territorial Superintendent of Public Instruction advises that no effort be made to comply with this law unless the decision here stated is reversed by a higher court. Under this ruling the old separate school law remains in force. (5814) § 1. In each county there shall be a board of county examners composed of the County Superintendent, who shall be ex-officio chairman of the board, and two competent persons, holders of first grade certificates, or of Territorial certificates, or of diplomas from some state university, state normal, or state agricultural college, who shall be appointed by the county commissioners on the nomination of the County Superintendent, and shall serve from the time of their respective appointments until their successors are appointed, and each of whom shall receive for his services the sum of three dollars per day, not to exceed three days in any one quarter of the year. (5815) § 2. The board, two of whom shall constitute a quorum, shall, on the last Friday and Saturday of January, October, April and at the close of the county normal institute, only at such places as may be designated by the chairman, (who shall give ten days' notice of examination) publicly examine all persons proposing to teach in the public schools of the county as to their competency to teach the branches prescribed by law, and such board of examiners shall issue certificates as hereinfter provided, to all such applicants as shall pass the required examination and satisfy the board as to their good moral character and their ability to teach and govern schools successfully. (5816) § 3. Certificates issued by county board shall be of three grades, first, second and third, and shall continue in force respectively. three years, two years and one year. (5817) § 4. [As amended, 1897]. Certificates of the first grade shall certify that the person to whom issued is proficient in and fully qualified to teach orthography, reading, writing, English grammar, composition, geography, arithmetic, United States history, book-keeping, physiology and hygiene, the theory and practice of teaching, civil government, elements of natural phylosophy; and shall not be issued to persons under twenty years of age, nor to such as have not taught successfully twelve school months: PROVIDED, That no person who receives a first grade certificate shall make a general average of less than ninety per cent., and in no case shall a person receive a certificate of the first grade who shall fall below seventy per cent. in any one branch. (5818) § 5. [As amended, 1897) Certificates of the second grade may be issued to persons not less than eighteen years of age, who shall fully satisfy the board as to their ability to teach all the branches prescribed for first grade certificates, except book-keeping and the elements of natural philosophy, and who have taught successfully three school months: PROVIDED, That no person who receives a second grade certificate shall make a general average of less than eighty per cent., and in no case shall a person receive a certificate of the second grade who falls below sixty per cent. in any one branch. (5819) § 6. [As amended, 1897.] Certificates of the third grade shall certify that the person to whom issued is not under sixteen years of age and is proficient in and fully qualified to teach all the branches prescribed for a second grade certficate except civil government, and made an average of not less than seventy per cent., and not below fifty per cent. in any one branch, and no third grade certificate shall be issued more than twice the same person. (5820) 7. No certificate shall be of force except in the county in which it is issued: PROVIDED, That the County Superintendent may endorse unexpired first grade certificates issued in other counties on payment of the fee of one dollar, which certificate shall thereby be valid in the county in which said indorsement is made for the unexpired term of the certificate. A certificate issued under this act may be revoked by the board of examiners on the ground of immorality or for any other cause that would have justified the withholding thereof when the same was granted. (5821) § 8. [As amended, 1897.] The County Superintendent upon request made in writing by any district board, and after satisfying ' himself by examination of the ability or proficiency of the applicant, may grant a temporary certificate in case of necessity, valid only in the designated district, and valid only until the next regular examination by the county board of examiners. PROVIDED, That no such temporary certificate shall be granted to any applicant who has failed in examination at any regular meeting of the board, nor shall such certificate be granted twice to the same person: PROVIDED FURTHER, That the County Superintendent shall not be compelled to charge for the issuance of temporary certificates. (5822) § 9. No certificate shall be issued by any county board or County Superintendent, except upon examination as provided in this act, and the County Superintendent or the county board of examiners who violate any of the provisions of this act by issuing a certificate except as provided in this act, shall be deemed guilty of a misdemeanor and upon conviction fined in the sum of not less than one hundred dollars nor more than five hundred dollars. SECTION. ARTICLE XIII.-NORMAL INSTITUTES. Annual normal institute. 2. Conductors and instructors. 3. Normal institute fund. 4. Custodian. SECTION. 5. Monthly report. (5869) § 1. County Superintendents of Public Instruction shall hold annually in their respective counties, for the term of not less than two weeks, a normal institute for the instruction of teachers and those desiring to teach; PROVIDED, that in sparsely settled portions of the Territory, two or more counties may be united in holding one normal institute as hereinafter provided. (5870) § 2. The County Superintendent of Public Instruction, with the advice and consent of the Territorial Superintendent of Public Instruction, shall determine the time and place of holding such normal institutes and shall select a conductor and instructors for the same; PROVIDED, that no person shall be paid from the institute funds for services as conductor or instructor of said institute who shall not have received a certificate from the Territorial board of examiners as to his special qualifications for the work. (5871) § 3. To defray the expenses of said institute, the County Superintendent shall require the payment of a fee of one dollar from each candidate for a teacher's certificate, and the payment of one dollar registration for each person attending the normal institute. (5872) § 4. The fund thus created shall be designated as the "normal institute fund," and the county treasurer shall be the custodian thereof. (5873) § 5. The County Superintendent shall, monthly and at the close of each institute, transmit to the county treasurer all monies received by him as provided in section 5871, together with the name of each person so contributing and the amount, and the county treasurer shall place all such monies to the credit of the "normal institute fund." (5874) § 6. All disbursements of the "normal institute fund" shall be upon the order of the County Superintendent, and no order shall be drawn upon said fund except for claims approved by the Superintendent, for services rendered or expenses incurred in connection with the normal institute. (5875) 7. Two or more counties may be united in holding one normal institute, with the consent and by the directions of the Territorial Superintendent of Public Instruction: PROVIDED, that the seyeral county Superintendents of the counties so uniting shall choose one of their number to act for them in determining the time and place of [for] 1 kolding the normal institute, and in selecting a conductor and instructors for the same as provided in section 5870: AND, PROVIDED, That the person thus chosen shall draw all orders upon the normal institute fund as provided in section 5874: AND PROVIDED: That the treasurer of the county in which such normal institute shall be held shall be the custodian of the normal institute fund, and to whom the several County Superintendents of the counties thus uniting shall transmit the fees collected as provided in section 5873. |