2nd. That such child has already acquired the branches of learning taught in the district schools.

3rd. That such child is in such physical or mental condition (which may be certified by a competent physician if required by the board) as to render such attendance inexpedient or impracticable. If no such school is taught the requisite length of time within two and one-half miles of the residence of such child by the nearest road such attendance shall not be enforced.

4th. That such child is attending some public, district, or private school.

5th. That the services of such child are necessary to the support of a mother or an invalid father.

Evidence of reasonable excuse.

The evidence of the existence of any of these reasons for non-attendance must be in each case sufficient to satisfy the superintendent of the county or city in which the child resides, and the superintendent, upon the presentation of such evidence, shall issue a certificate stating that the holder is exempted from attendance during the time therein specified.

Failure to send children to school.

SEC. 2. Any such parent, guardian or other person having control of any child between eight and fourteen years of age who wilfully fails to comply with the requirements of the last preceding section, shall be guilty of a misdemeanor.

Violations of school law.

SEC. 3. It shall be the duty of the president of the board of education of any city, and the chairman of the school trustees of any district within their respective jurisdictions, to inquire into all cases of misdemeanor defined in this act and to report the same

and the offenders concerned, when known, to the city or county attorney of the city or county within which the offenses shall have been committed, and it is hereby made the duty of either of said officers to proceed immediately to prosecute such offenders.

Incorrigible children of school age.

SEC. 4. All children in the district between the ages of eight and sixteen years, who in defiance of earnest and persistent efforts on the part of their parents or teachers, are habitual truants from school, or while in attendance at school are vicious, immoral, or ungovernable in conduct, shall be deemed incorrigible, and it is the duty of the president of the board of education or the chairman of the board of trustees of each school district to inquire into all such cases within his district and report them to the county attorney acting for such district, whose duty it shall be to prosecute such cases as incorrigible and fit candidates for the State reform school.

CHAPTER XIX.

KINDERGARTEN.

Maintenance of kindergartens.

SECTION. 1. School boards may establish and maintain kindergartens in their several districts, open to children resident therein between the ages of four and six years. The cost thereof may be paid in whole or in part out of the school funds of the district. Kindergartens established under the provisions of this section shall be subject to the control of the school boards of the respective districts in which they are maintained.

Teachers.

Teachers for said schools, unless holding a certificate of efficiency in kindergarten work granted by the State normal school, shall be required to sustain a special examination relating to the principles and practice of the kindergarten, such examination to be conducted under the direction of the State board of education.

SEC. 2: An act of the Legislature of the State of Utah, entitled "An Act creating a State Board of Education, defining its duties and providing a uniform system of free schools throughout the State," approved April 5th, 1896, and all acts and parts of acts inconsistent herewith are hereby repealed.

SEC. 3. This act shall take effect upon approval.
Approved March 11th, 1897.

Extracts from the Constitution of the
State of Utah.

ARTICLE X.

EDUCATION.

Free non-sectarian schools.

SECTION 1. The legislature shall provide for the establishment and maintenance of a uniform system of public schools, which shall be open to all children of the State, and be free from sectarian control.

Public school system. Maintenance,

SEC. 2. The public school system shall include kindergarten schools; common schools, consisting of primary and grammar grades; high schools; an agricultural college; a university, and such other schools as the legislature may establish. The common schools shall be free. The other departments of the system shall be supported as provided by law; Provided, that high schools may be maintained free in all cities of the first and second class now constituting school districts, and in such other cities and districts as may be designated by the legislature. But where the proportion of school moneys apportioned or accruing to any city or district shall not be sufficient to maintain all the free schools in such city or district, the high schools shall be supported by local taxation.

State school fund. Interest distributed.

SEC. 3. The proceeds of all lands that have been, or may be granted by the United States to this State, for the support of the common schools; the proceeds of all property that may accrue to the State by escheat or forfeiture; all unclaimed shares and dividends

of any corporation incorporated under the laws of this State; the proceeds of the sale of timber, minerals or other property from school and State lands, other than those granted for specific purposes; and the five per centum of the net proceeds of the sales of public lands lying within the State, which shall be sold by the United States, subsequent to the admission of this State into the Union, shall be and remain a perpetual fund, to be called the State school fund, the interest of which only, together with such other means as the legislature may provide, shall be distributed among the several school districts according to the school population residing therein.

University and agricultural college located.

SEC. 4. The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto said University and Agricultural College respectively. Permanent funds.

SEC. 5. The proceeds of the sale of lands reserved by an act of Congress, approved February 21st, 1855, for the establishment of the University of Utah, and of all the lands granted by an act of Congress, approved July 16th, 1894, shall constitute permanent funds, to be safely invested and held by the State; and the income thereof shall be used exclusively for the support and maintenance of the different institutions and colleges, respectively, in accordance with the requirements and conditions of said acts of Congress.

Separate control of city schools.

SEC. 6. In cities of the first and second class, the public school system shall be controlled by the