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Money in the county treasury, whether derived from fines or licenses, or from the state, should all be apportioned in the same manner, viz., one-fourth equally among the districts, three-fourths pro rata.

Money derived from a license issued by the authorities of an incorporated city or village authorized to grant licenses goes into the school fund of that city or village; all other license moneys go into the school fund of the county. See 29 Neb., 348.

6933 Sec. 234. Fractional districts. In making the "one-fourth" apportionment each fractional district shall receive one-half as much as a full district.

6934 Sec. 235.

Certificate of apportionment. The county superintendent shall immediately after making such apportionment enter the same in a book kept for that purpose, and shall furnish the county treasurer with a certified copy of such apportionment, and each of the directors in the respective districts in his county a certificate, showing the amount due such district, which amount shall be subject to the order of the director on the county treasurer when properly countersigned by the moderator.

The county treasurer is not authorized to pay out county school fund until it has been apportioned by the county superintendent. 11 Neb., 238.

6935 Sec. 236. No fees for receiving and disbursing.-County treasurers are not allowed to charge a per cent for receiving and disbursing the state school appropriation.

6936 Sec. 237. Misuse of funds.-School treasurers are forbidden to lend or use any part of the school moneys which may be in their hands, under penalty of fine and imprisonment, under the provisions of the statute regarding embezzlement.

6937 Sec. 238. Apportionment when drawn. Before a school district treasurer shall be allowed to draw the state apportionment from the county treasurer, he must present a certificate from the county superintendent setting forth that such district has had the legal number of months' school, has made the census report properly, and has made the proper financial report required by law.

6938 Sec. 239. Forest reserve fund distributed to schools. The forest reserve funds, annually paid in to the state treasury by the United States government under an act of congress approved June 30, 1906, shall be distributed among the several counties of the state entitled to the same for the benefit of the public schools and the public roads of such countries under the direction of the state superintendent of public instruction, in the following manner, to wit:

First. The state treasurer shall, annually on or before the first Monday in May, certify to the state superintendent of public instruction the amount of money received from the national government as Nebraska's proportionate share of the income from the forest reserves within the state for the fiscal year last past.

Second. The commissioner of public lands and buildings shall, annually on or before the first Monday in May, make and deliver to the state superintendent of public instruction a certificate showing the counties entitled to share in the forest reserve fund, together with the number of acres of forest reserves in each county.

Third. The state superintendent of public instruction shall, on or before

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THE NEBRASKA SCHOOL LAWS

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the last Monday in May, make apportionment of said funds to such counties according to the number of acres of forest reserve in each county, and certify the apportionment of each county to the county superintendent of the proper county and to the state auditor, who shall draw a warrant on the state treasurer in favor of the various counties for the amount so specified by the state superintendent of public instruction.

6939 Sec. 240. Same-apportionment. The several county superintendents shall, within twenty days after receiving such apportionment, apportion the amount as follows: One-fifth of the whole amount to the public road fund of the county, one-fifth equally to the several school districts in the county, and the remaining three-fifths to the several school districts in the county pro rata according to the enumeration of scholars last returned by the directors of the various districts; and no district, city or village, which shall have failed to sustain a school for the length of time required by law, shall be entitled to receive any portion of the forest reserve fund.

6940 Sec. 241. Same certificate.-The county superintendent shall, immediately after making such apportionment, enter the same in a book kept for that purpose, and shall furnish the county treasurer with a certified copy of such apportionment, and each of the directors in the respective districts in his county a certificate, showing the amount due such district, which amount shall be subject to the order of the director on the county treasurer when properly countersigned by the moderator.

6941 Sec. 242. Modern European language to be taught.-In every high school, city school or metropolitan school in this state the proper authorities of such school districts shall upon the written request when made at least three months before the opening of the fall term of such school by the parents or guardians of fifty pupils above the fourth grade then attending such school, employ competent teachers and provide for the teaching therein above the fourth grade, as an elective course of study, of such modern European language as may be designated in such request. Provided, not more than five hours each week and not less than one period each day shall be devoted to the teaching of any such modern European language in any elementary or grade school.

6942 Sec. 243. Attendance at nearer school district.-When children of school age reside with their parents or guardians more than one and one-half miles from the school house in their own

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district, and nearer to the school house in any adjoining district, the distances to be measured by the shortest route possible upon section lines or traveled roads open to the public, such children may have school privileges in the adjoining district instead of in the district of their residence, under the following conditions, to wit: The parent or guardian of such children shall, at or before each annual meeting, notify the county superintendent of each district affected, using such form of notice as the state superintendent shall prescribe, which notice shall state the distances, as herein provided, and shall be attested by the signature of a legal voter and tax payer of the district in which the children or wards reside, and the signature of a majority of the members of the school board of the district in which such children or wards desire school privileges, in addition to the signature of such parent or guardian; and the county superintendent shall notify the director of each district to transfer such person, together with such children or wards, to such adjoining district for school purposes for the year next ensuing and it shall be the duty of the county superintendent to see that the children or wards are enumerated in the adjoining district and not in the district of their residence. The county superintendent shall notify the county clerk of the transfer, and the county clerk shall be empowered and it is hereby made his duty, to place the school taxes, except for the payment of existing bonds or interest on the same, of the parents or guardians and of the real estate on which they reside, not exceeding a quarter section of land, for the year next ensuing, in the adjoining district instead of in the district of their residence, basing such school taxation upon the levy for school purposes in the adjoining district, and the assessed valuation of the property of such parents or guardians and the real estate as determined by the proper officers, and the taxes shall be collected as provided by law for the other taxes: Provided, when such transfer shall have been made, the children continue to have school privileges in the adjoining district until their parents or guardians shall, in writing, notify the county superintendent of their desire to be again transferred to the district of their residence or shall remove from said real estate; in either event, the county superintendent shall notify the county clerk of such re-transfer, and the taxes of the parent or guardian and the real estate shall again be placed in the district of their residence: Provided, further, the parents or guardians of the pupils so transferred shall have the right to vote in the district to which such pupils are transferred on all school matters except that of issuing bonds.-Emergency.

A person transferred under this section is eligible to school office in the district to which he is transferred.

The transfer of pupils provided for in section 243, article 21, of the School Laws, is made entirely independent of any action of the annual district meeting of either district affected. In other words, the annual district meeting has no power to authorize or prevent such transfer.

The application for transfer must be made not later than the annual meeting. The county superintendent may notify the directors a little later, but the county superintendent

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should be notified by the applicant not later than the annual meeting in order that the transfer may be legally made.

Children transferred to an adjoining district under section 243, article 21, are included in the census of said adjoining district and their share of the apportionment is paid to such district. There is no statutory provision authorizing the payment of a pupil's share of the state apportionment to the credit of any district other than that in which said pupil is enumerated.

Pupils transferred from one district to another under section 243, article 21, should attend the nearest school of the adjoining district.

The property of a person transferred under the provisions of this section would be taxed for free high school tuition of other pupils living in the district to which he is transferred, or if there is a high school in the district to which he is transferred, his property would be taxed for the maintenance of such high school.

When a transfer has been made under section 243, article 21, it becomes a matter of record. The reports from the two districts are made up on the basis of the change, the school apportionment is made out on that basis, the taxes of the party have been transferred and there seems to be no way by which he may be re-transferred until the next annual meeting.

In case a renter, who has his children and taxes transferred to an adjoining district under section 243, article 21, removes from the district, and another renter occupies the residence vacated by the former, the second renter would have free school privileges only in the district of his residence.

If a transfer was made before a change of site was ordered by the annual meeting, when the reasons for granting such transfer were modified by such change of site, such a transfer would become null and void.

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The law makes no provision for the director of an adjoining district to reject pupils who are transferred under the provisions of section 4a, subdivision 5.

The distances spoken of in section 243, article 21, are to be measured by the shortest route possible upon section lines or roads open to the public. Section lines are not recognized as roads within the meaning of section 243, article 21, until they have been declared open by the county board. If the section line is not open to the public, it is not to be taken into account in measuring the distance.

Whenever the public generally is permitted to travel over a certain road without objec tion or hindrance by the owner of the land, and the road is used to some extent in that way, such a road is a "traveled road open to the public" within the meaning of section 243, article 21.

Where a tract of land upon which there is a railroad bed is transferred under the provisions of section 243, article 21, School Laws, the taxes accruing from such railroad bed do not transfer.

A renter is entitled to the privileges mentioned in section 243, article 21. The county clerk is empowered and it is made his duty, to place the school taxes (except for the payment of existing bonds or interest on the same) of the said parents or guardians and of the real estate on which they reside, not exceeeding a quarter section of land, for the year next ensuing in the said adjoining district instead of the district of their residence. Note that it is all the taxes of said parents or guardians including the taxes of the real estate on which said parents or guardians reside, notwithstanding the fact that they may be living on land which does not belong to them.

The county superiniendent would have authority to revoke a transfer to a nearer school under section 243, article 21, if upon investigation he finds the conditions do not comply with the Jaw. If it is granted upon misrepresentation, it is his duty to revoke the transfer.

In case a party who desires to be transferred under section 243, article 21, cannot secure signatures to his petition, there seems to be no way in which the transfer can be made. Parents or guardians of the pupils so transferred shall have the right to vote in the district to which such pupils are transferred on all school matters except that of issuing bonds. They would have the right to vote on the issuance of bonds in the original district.

Does not apply to citizens of another state seeking transier to Nebraska for public school

purpose.

of

6943 Sec. 244. Pupils transportation.-A board of education a city, or a board of trustees of a high school district, by a two-thirds vote of the entire board, or a district board of any school district in this state when authorized by a two-thirds vote of those present at any annual or special meeting, is hereby empowered to make provision for the transportation of pupils residing within the district to any other school to which said pupils may lawfully attend, whenever the distance from such school shall render it impracticable for said pupils to attend without transportation.

6944 Sec. 245. Instruction in neighboring district. That a board of trustees of a high-school district, or a district board of a school district in this state, when authorized by a two-thirds vote of those present at any annual or special meeting, is hereby empowered to contract with the district board of any neighboring district for the instruction of pupils residing in the

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first named district in schools maintained by the neighboring district, and to make provision for the transportation of such pupils to the above named school of the neighboring district under the conditions named in the preceding section; Provided, school districts thus providing instruction for their children in neighboring districts shall be considered as maintaining a school as required by law; Provided, further, the teacher of the last named school shall keep a separate record of attendance of all pupils from the first named district and make a separate report to the director of said district.

6945 Sec. 246. Secret fraternities. It shall be unlawful for the pupils of any public high schools or other elementary schools of this state to participate in or be members of any secret fraternity or secret organization whatsoever that is in any degree a school organization.

6946 Sec. 247. Expulsion from school.-All boards of education and boards of trustees of high school districts or of county high schools are hereby authorized and empowered to deny to any student regularly enrolled in such high school or elementary school, who shall violate the next preceding section, any or all of the privileges of such high school or elementary school, or to expel any such student for failure or refusal to comply with the next preceding section or the next following section.

6947 Sec. 248. Rushing violation. It is hereby made a misdemeanor for any person, whether a pupil of any such school or not, to be upon the school grounds or to enter any school building for the purpose of "rushing" or soliciting, while there, any pupil or pupils of such schools to join any fraternity, society or association organized outside of the schools. All county courts and justices' courts in the state shall have jurisdiction of all offenses committed under this section, and all persons found guilty of such offenses shall be fined not less than two dollars nor more than ten dollars.

That the territory embraced

6948 Sec. 249. District-body corporate. within the corporate limits of each incorporated city or village in the state of Nebraska, or those hereafter incorporated as such (together with such addi