township in this State shall remain a perpetual school fund to the State, and no portion of said lands shall be sold otherwise than at public sale. The prinelpal of all funds arising from sales or other disposition of lands or other property granted or intrusted to this State for educational purposes shall forever be preserved inviolate and undiminished; and the income arising from the lease or sale of said school land shall be distributed to the different townships throughout the State, in proportion to the number of scholars between the ages of 5 and 21 years who have been in attendance forty days in the public schools which have had at least five months of term within the year by a qualified teacher and made the reports required by law.

Any public graded school in any city or incorporated village, or township organized into a district under the so-called township system, which school shall give preparatory instruction (see Organization, State high-school board) and shall admit students of either sex from any part of the State without charge for tuition, shall be entitled to receive the sum of $400 annually.

Taration. For the purpose of maintaining public schools, a tax of 1 mill, to be known as State school tax fund, shall be annually levied upon the taxable property of the State, which shall be added to the general school fund, and they together shall be known as the current school fund, and apportioned as above provided.

The county commissioners shall also levy an annual tax of 1 mill, to be known as the local mill tax, on the amount of the assessment made by the assessors of each township, which shall be paid into the county treasury for the support of the public schools, to be apportioned by the county auditor, who shall distribute to each school district or portion thereof the amount of tax collected in said district or portion of district in his said county: Provided, That if in any case county commissioners shall neglect, refuse, or fail to make such levy as herein provided for, the county auditor shall nevertheless extend the same upon the assessment rolls of the year the same as if such levy had been so made by the said county commissioners. As a further provision for the support of schools, there shall be set apart by the county treasurer of each county the proceeds of all fines for breach of any penal law in this State not otherwise appropriated by law, and all moneys arising from the issuing of liquor licenses and from unclaimed moneys arising from the sale of estrays. And the county auditor shall open an account with each district or portion of district in his county, and keep an accurate account of all moneys received by or due to each of said districts, and all such matters as are necessary to show the condition of accounts between each of said districts and the county treasury, and for this purpose he shall examine any and all of the books in the office of the county treasurer.

There shall be levied annually for school district purposes, in addition to the general tax of 1 mill, such sum as may be voted at any legal meeting of the qualified voters of the district, the rate of which shall not exceed 15 mills, for the support of the school (provided it will support the schools for the legal term), or 1 per cent for the erection of a schoolhouse.

MISSISSIPPI.

1. ORGANIZATION OF THE SYSTEM.

State board of education-State superintendent-State board of examinersCounty superintendent-County school board; school districts-District trustees Separate school districts.

State board of education.-The State board of education consists of the secretary of state, attorney-general, and State superintendent, and shall have charge of the management and investment of school funds, and shall regulate all matters arising in the practical administration of the school system not otherwise provided for. The State superintendent and one other shall constitute a quorum. Meetings shall be held at the seat of government at such time as the board shall determine, and one member may call a meeting at any time. The board shall appoint county superintendents (which see) in certain counties, and decide finally appeals from State or county superintendents, except those pertaining to examinations. (See State board of examiners.) They may suspend for neglect of duty county superintendents appointed by them, and for continued

neglect of duty, drunkenness, incompetency, or official misconduct may remove such a superintendent after ten days' notice and an opportunity to make defense. Said board shall audit all claims against the common school fund and the expenditures of the State superintendent's office. They may adopt a course of study to be pursued in the schools, and may designate a day to be observed as Arbor Day.

State superintendent.—The State superintendent of public education shall be elected at the same time and in the same manner as the governor, to hold office four years. He shall keep his office in the capitol, and give $5,000 bond. He shall have general supervision of the public free schools, and may prescribe such rules and regulations for the efficient organization and conduct of the same as he may deem necessary. He shall preside over all the meetings of the State board of education; solicit reports from all educational institutions of the State, public and private; apportion semiannually the State common school fund to the several counties and separate school districts, according to the number of educable children enumerated, and shall furnish a copy of said apportionment to the State auditor and treasurer, to each county superintendent and treasurer, and to the treasurer of each separate school district; and shall not act as agent of any publisher or bookseller, nor receive any gift or reward for recommending any book, furniture, or school apparatus, under penalty of removal from office and forfeiture of all moneys due him from the State. He shall appoint the State board of examiners (which see), and shall be ex officio a trustee in the State University, the Agricultural and Mechanical College, the Industrial Institute and College, the State Normal School, and the Alcorn Agricultural and Mechanical College. He shall keep a complete record of his official acts and those of the State board of education. Biennially, by January 10 of each year in which the legislature meets, he shall have printed a report showing the receipts and disbursements of the common school fund; number of school districts, schools, teachers, pupils, attendance of pupils, and studies pursued by them; financial condition of the schools, their receipts and expenditures, value of schoolhouses and other property, cost of tuition, and salaries of teachers; the educational and financial condition of the normal and higher institutions connected with the State school system, and, as far as can be ascertained, of private schools, academies, and colleges, together with such other information and recommendations relating to educational interests as he may deem jmportant. He shall have the school laws printed, together with forms for conducting school business, the rules and regulations adopted by the State board of education, questions for the examination of teachers, and such other matters of public interest that may be deemed worthy, and shall distribute same to county superintendents and other school officers interested. He shall hold conferences with the county superintendents of each judicial district, or of several judicial districts combined, at such time and place as he shall appoint; advise county superintendents on all matters regarding the welfare of the public schools; and shall render decisions on questions and controversies arising out of the interpretation of the school laws, after having submitted the statement of facts to the attorney-general for counsel.

State board of examiners.-The State board of examiners shall consist of three first-grade teachers of scholarly attainments and successful experience, appointed by the State superintendent, no two of whom shall be from one Congressional district. They shall aid the State superintendent in preparing all examination questions for the teachers of the State, grade papers of applicants for professional and State licenses, and hear and decide all appeals from teachers or county superintendents regarding examinations. Each applicant or candidate for county superintendent shall be examined by said board in his own county, under regulations passed by the State board of education. Each member of said State board of examiners shall serve four years, unless removed by the State superintendent for cause. As compensation they shall receive $5 from each applicant for a professional license, $5 from each applicant or candidate for county superintendent, and 50 cents from each applicant for State license. (See also Teachers-Certificates.)

County superintendent.—In each of the counties of Adams, Hinds, Sunflower, and Washington a county superintendent of education shall be appointed by the State board of education, by and with the advice and consent of the senate, and in each of the other counties a county superintendent shall be elected by the people. His term of office shall be four years, and to be eligible he must be 21 years of age, a qualified elector, a resident of the State four years and of the county two years, and shall have passed an examination in first-grade subjects

and school law.

(See also State board of examiners.) He shall not teach in any school during his term of office; shall give bond in a sum from $500 to $2,000, as determined by the board of supervisors, and shall keep an office at the county seat, which shall be provided by the supervisors and furnished with necessary supplies from the school fund.

He shall employ teachers recommended by the local trustees (and shall himself select and employ teachers for schools whose trustees fail to report a selection within ten days of the time fixed by the county board for the beginning of the term), fix their salaries, and make contracts with them; examine teachers' monthly reports, requiring that a majority of the trustees certify to the accuracy of the same, and shall thereupon issue the teacher's pay certificate, in the form prescribed by the State board of education; enforce the course of study adopted by the State board of education and the uniform text-books adopted by the county; administer oaths in school matters, and take testimony in appeal cases under the school law; distribute promptly all reports, laws, forms, circulars, and instructions which he may receive from the State superintendent for school officers and teachers; preserve carefully all reports of school officers and teachers, and at the end of his term deliver to his successor books, records, and papers pertaining to his office; make an annual written report to the board of supervisors, and mayor and aldermen of a municipality constituting a separate school district, indicating the name, sex, and color of the teachers employed during the year, number of months taught by each, and the aggregate amount of pay certificates issued to each and to all. He shall keep in his office and carefully preserve the public school record provided, enter therein the proceedings of the county school board, decisions on appeal cases, and other official acts; a list of teachers examined, licensed, and employed; record the data of monthly and term reports of teachers and annual reports of county and district treasurers; and from the summaries of records thus kept render a report to the State superintendent by October 20 each year, or forfeit $50. He shall be at the county seat on Saturdays to receive monthly reports, issue pay certificates, and attend to other official duties, or else forfeit $10 for each such day's absence without leave previously granted by the board of supervisors, unless prevented by illness or other unavoidable cause.

He shall visit each school of his county at least once during each term, in county schools correcting any defect in classification of pupils or the government of the school, and in separate districts he shall call attention of trustees to such deficiencies for correction by them; note the condition and value of building, lot, and furniture, the branches taught, methods, and his estimate of the ability of the teacher; examine classes, and give such directions and recommendations as he may deem expedient; and urge patrons to provide comfortable and well-furnished schoolhouses. For every school not so visited the supervisors shall deduct $10 from his salary.

He shall decide controversies arising under the school law. From his decision appeal may be taken to the State superintendent. He shall enforce the law, rules, and regulations in regard to the examination of teachers, and for incompetency, neglect of duty, immoral conduct, or other disqualification may suspend or remove any teacher or trustee from office, except in separate school districts; and for intemperance, immoral conduct, brutal treatment of a pupil, or other good cause may revoke the license of a teacher.

The salary of the county superintendent is fixed at 3 per cent of the total school funds received annually by the county, not to exceed $600 nor be less than $150 a year, but the board of supervisors may increase the same not to exceed 5 per cent of the school fund nor more than $800. Any county superintendent (or other county officer) who shall trade or speculate in teachers' warrants or pay certificates, purchasing same at a discount, or loaning or advancing thereon, shall be subject to a fine of from $100 to $500.

County school board-School districts.-The county school board shall consist of one member from each supervisor's district, appointed for four years by the county superintendent, subject to ratification by the supervisors, and shall receive $3 for each day of actual service, not to exceed three days in any year. The county superintendent shall be ex officio president of the board. The board shall define the boundaries of school districts (outside of special districts) or make alterations therein and designate the location of the schoolhouse in each district if not already located, paying due regard to the larger water courses and using them as boundary lines whenever practicable. A regular school district shall contain not less than 45 educable children, except where too great distance or impassable obstructions would debar children from school privileges,

in which cases the board may establish a regular district containing not less than 15 educable children. Special districts containing not less than 10 educable children may be established for such children as live between the forks or bends of large streams or other impassable obstructions which render it impracticable to establish regular districts; but when less than five children attend school in a district the school shall be discontinued by the county superintendent at the end of any scholastic month.

District trustees.-There shall be three trustees for each school district (except separate school districts), elected by the patrons of the school for a term of three years, one to retire each year; vacancies may be filled by the county superintendent. The trustees shall be patrons of the school, and able to read and write; and if a trustee refuse to discharge the duties of his office or to patronize the school, the office becomes vacant. The trustees shall elect teachers, and shall scrutinize the enumeration of educable children attending as made by the teacher, and certify the same in the teacher's register, which enumeration and certification shall guide the county superintendent in determining the teacher's salary for the ensuing year. One or more of their number shall visit the school at least once a month; they shall make provision for fuel and other things needful for the comfort and welfare of the pupils, and shall protect and care for the school property during vacation. They may suspend or expel a pupil for misconduct, and shall arbitrate difficulties arising between teacher and pupils, but either party may appeal to the county superintendent and from him to the State board of education.

Separate school districts.-Any municipality of 300 or more inhabitants which shall maintain a free public school at least seven months in each scholastic year shall be entitled to the rights and privileges of a separate school district. The schools of said districts shall be under the control of five trustees, patrons of said schools, who shall be elected by the mayor and board of aldermen, or in the manner prescribed by said board, for terms of three years.

The powers and duties of said trustees are: To prescribe and enforce rules, consistent with law and those of the State board of education, for the government of themselves and the schools; manage and control school property within their districts, and employ janitors; enforce the course of study and text-books adopted by proper authority; enforce the rules prescribed for the government of school libraries, and appoint librarians therefor, excluding therefrom all publications of a sectarian, partisan, or immoral character; suspend or expel pupils for misconduct; visit every school in their district at least once a month, examining carefully into its management, condition, and wants; maintain all schools under their control for an equal length of time during the year; furnish blackboards and other necessary furniture; elect a superintendent, if required, aud principal for each of the schools, and prescribe their powers and duties; elect teachers, fix their salaries and terms of service and penalties for neglect of duty, but they can not contract with a teacher or principal who does not hold a license from the county superintendent; require the principal of each school to keep the records so as to show, by age, race, and sex, the enrollment, attendance, and average attendance, and at the end of the term to make complete report to the trustees showing the above and such other statistics as may be required of the county superintendent for his annual report to the State board of education, which report the secretary of the trustees shall transmit to the county superintendent within ten days after the close of the term. (See also Schools-Character of instruction-High schools.)

2. TEACHERS.

Examinations-Certificates-Contracts and salaries-Duties-Preliminary training-Institutes.

Examinations.-Two first-grade teachers, to be appointed annually, one by the county school board and one by the board of supervisors, shall, with the county superintendent, constitute an examining board for each county. The members of said board shall not be related by affinity or consanguinity, and no teacher of a normal or training school shall be appointed thereon. Said board shall conduct all examinations of teachers, and review and grade the examination papers submitted. The teachers upon the board shall each receive $2.50 per day of actual service in holding examinations and 25 cents additional for grading the papers of each applicant, payable from the school fund as teachers' salaries are paid.

Examinations shall be held separate for the two races. The State superintendent shall prepare questions and send same sealed to the county superintendent, to be opened in the presence of those to be examined after they shall have assembled in the examination room.

Certificates. It shall be unlawful for any county superintendent or trustees to contract with a teacher who does not hold a license valid for the scholastic year in which the school is to be taught and of a grade sufficiently high to meet the requirements of the school. Before a license shall be granted the applicant must furnish the county superintendent satisfactory evidence of good moral character and of ability to govern a school.

To obtain a first-grade license the applicant must be examined in spelling, reading, practical and mental arithmetic, geography, English grammar and composition, history of the United States and of Mississippi, elements of natural philosophy, civil government, elements of physiology and hygiene with special reference to the effects of alcohol and narcotics; and to obtain a second-grade license the applicant must be examined in spelling, reading, mental arithmetic, elementary geography, elementary English grammar and composition, and primary United States history and physiology. Licenses shall be granted to those who make a general average of 75 per cent with not less than 50 on any subject, except that a third-grade license may be granted to an applicant who shall average not less than 60 on second-grade subjects, with not less than 40 on any subject. Second and third grade licenses shall be valid for one year; licenses of the first grade, with a general average of 85, shall be valid for two years; with a general average of 90, three years; and the second such three-year license shall be renewable in the county where issued as long as the holder desires to teach; and any teacher who shall have taught under a first-grade license for five consecutive years shall be exempt from further examination. Applicants shall be at least 17 years of age, nor shall a license for more than one year be issued to an applicant who has had less than six months' experience in teaching. The State board of education may grant special examinations (fee, $2) for licenses which shall be valid only until the next regular examination. When a teacher desires to have his license transferred to another county he may have the county superintendent forward his papers to the State board of examiners, and if the grading of the county board is sustained by the State board the license may be transferred to any county which the applicant may designate. Applicants shall pay a fee of $1.50 to the State board of examiners for grading their papers.

The State board of education may issue professional licenses to teachers of recognized ability, moral character, and scholarly attainments who shall pass a satisfactory written examination in algebra, geometry, rhetoric, English literature, elements of botany and chemistry, science of teaching, civil government, and Latin through Cæsar and Virgil. Such licenses shall be valid for life.

A teacher with a third-grade license shall not be principal of a school which requires an assistant, and in schools requiring more than two assistants the principal must have a first-grade license.

Contracts and salaries.-The county (or city) superintendent shall enter into duplicate written contract with each teacher, which shall specify the name of the school, the position of the teacher, whether principal or assistant, and the monthly salary. In addition to the fixed salary, there shall be stated in the contract two successively smaller amounts, which shall be the salary in case the attendance decreases to a number for which the conditional amounts would be the fixed salary. It shall be unlawful to issue a [pay] certificate for services rendered before the contract is made and signed.

Superintendents shall fix the salaries of teachers so that the amount to be paid in salaries for maintaining all the schools for one month shall not exceed that fractional part of the whole school fund which one month is of the whole number of months the schools are to be taught. Salaries for schools requiring one teacher shall be fixed between the following limits: For a third-grade teacher, between $15 and $20; second-grade, $18 to $30; first-grade, $25 to $55. In fixing same the superintendent shall take into consideration the executive and teaching capacity of the teacher and the size of the school, to be determined by the educable population of the district and the average attendance of the two preceding years. The salary of an assistant shall not exceed by more than $5 the minimum fixed as above for the grade of license he holds if second or third grade, nor by more than $10 if first grade, but the salary of an assistant may be lower than said minimums. In schools requiring more than one teacher the salaries of principals and assistants shall be regulated so that the cost per pupil