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public funds set apart for educational purposes; nor shall the state accept any grant, conveyance, or bequest of money, lands, or other property, to be used for sectarian purposes.
65 Neb., 877.
Bible reading in the public schools.-Chief Justice Sullivan asserts that the law does not forbid the use of the Bible in public schools. The point where the courts may interfere is where the use of the Bible in a public school has degenerated into abuse, where a teacher instead of giving secular instruction had violated the constitution by becoming a sectarian propagandist. The court holds that whether it is prudent or politic to permit the reading of the Bible in the schools is a question for the school authorities, but whether the practice has taken the form of sectarian instruction is a question for the courts to determine upon evidence. Every alleged violation must be established by competent proof.
Sec. 12.-Reform schools.-The legislature may provide by law for the establishment of a school or schools for the safe keeping, education, employment, and reformation of all children under the age of sixteen years who, for want of proper parental care, or other cause, are growing up in mendicancy or crime.
6700 Section 1.* School and District Construed.-The term school district as used in this chapter is declared to mean the territory under the jurisdiction of a single school board authorized by this chapter. The term school shall be construed to mean a school under the jurisdiction of a school board authorized by this chapter.
6701 Sec. 2. District-a body corporate.-Every duly organized school district shall be a body corporate, and possess all the usual powers of a corporation for public purposes, by the name and style of "school district number county," and in that name may sue and be sued,
purchase, hold, and sell such personal and real estate as the law allows.
See Sec. 60, article 3. No cause of action will accrue to school district, as a corporation, against county superintendent for the manner in which he may exercise his discretion in changing the boundaries of districts. 23 Neb., 661. See 11 Id., 285. 12 Id., 241. 22 Id., 205. 28 Id., 254. 30 Id., 363.
Sec. 3. Division of counties. Each organized county not already divided into school districts, or any part of such counties not so divided, shall be divided by the county superintendent into as many school districts as may be necessary.
Territory not hitherto organized into school districts may be divided at the discretion of the county superintendent. Districts should be limited in extent by the distance that scholars are able to attend 9 Neb., 366. County superintendent has exclusive original jurisdiction. 35 Neb. 51 Id., 570.
*The section numbers 1, 2, 3, etc., refer to sections in Chapter 71 (schools) of the Statute as revised and codified by the commission appointed for the purpose.
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6703 Sec. 4. Formation of new districts.-New districts may be formed from other organized districts, and boundaries of existing districts may be changed, under the following conditions only:
First-Discretion of county superintendent to create a new district.— The county superintendent shall have discretionary power to create a new district from other organized districts upon a petition signed by one-third of the legal voters in each district affected.
Second-Discretion of county superintendent to change boundaries.— The county superintendent shall have discretionary power to change the boundaries of any district upon petitions signed by one-half of the legal voters in each district affected. He shall also have discretionary power to annex to any existing district any territory not organized into districts, upon petitions signed by one-half of the legal voters in the district and in the territory proposed to be annexed; Provided, upon the petition of any freeholder or freeholders to a Board consisting of the county superintendent, county clerk and county treasurer, asking to have any land described therein set off from the district in which it is situated and attached to some other district, which petition shall show that the land therein described is owned by the petitioner or petitioners, and that the land joins the district to which it is to be attached; which petition shall also state the reasons for such proposed change, and no change shall be made unless it is shown that the territory proposed to be attached has children of school age residing thereon with their parents or guardians, that they are each more than two miles from the school house in their own district and at least one-half mile nearer to the school house in the adjoining district, said distance to be measured by the shortest route possible upon section lines or traveled roads open to the public, and shall be verified by the oath of the petitioner or petitioners; the board may thereupon change the boundaries of the districts so as to set off the land described in the petition and attach it to such adjoining district as is called for in the petition whenever they shall deem it just and proper and for the best interest of the petitioner or petitioners so to do.
Third-Shall not refuse the petition of two-thirds.-The county superintendent shall not refuse to change the boundary line of any district, or to organize a new district, when he shall be asked to do so by a petition from each school district affected signed by two-thirds of all the legal voters in such district, nor to annex to an existing district any territory not organized into districts when asked to do so by petitions signed by two-thirds of the legal voters of the existing district and the territory proposed to be attached. A notice of the petition containing an exact statement of what changes in district boundaries are proposed, and when the petition is to be presented to the county superintendent, shall be posted in three public places, one of which places shall be upon the outer door of the schoolhouse, if there be one, in each district affected, or territory not organized into districts proposed to be attached to an existing district, at least ten days prior to the time of presenting the petition to the county superintendent. Provided, on January 2, 1910, any territory which is not then a part of any school district shall, by the county superintendent of the county in which such territory lies, either be organized into new districts or attached to
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one or more adjoining districts. Provided further, changes affecting cities hall be made upon the petition of the board of education of the district or districts affected.
Fourth. Two districts made from one.-Two districts may be made rom one by the county superintendent upon a petition from each district proposed signed by a majority of the voters in each district proposed. One district may be discontinued, and its territory attached to other adjoining districts, upon petition signed by one-half of the legal voters in each district affected.
Fifth-List of voters.-A list or lists of all the legal voters in each district (or territory) affected, made under the oath of a resident of each district (or territory) affected, together with an oath of a resident of each district (or territory), that the legal notice provided for in the third clause of this section has been properly posted, shall be given to the county superintendent when the petition is presented. By legal voters herein is meant all who are legal voters at an election for school district officers.
Sixth-New district, when formed.-No new district shall be formed between the first Tuesday of April and the first day of October.
This does not apply to change of boundaries nor to consolidation of districts.
Seventh-Extent of district.-No new district shall be formed containing less than four (4) sections of land, nor shall any district be reduced by division or otherwise so as to contain less than that amount, unless the district so formed, or the part of a district remaining after division, shall have an assessed valuation of property of not less than fifteen thousand ($15,000) dollars; Provided, when streams or water courses make it impracticable to form districts containing four sections, then the county superintendent may form districts with less than four sections without regard to valuation. When streams of water make it impractible for children to attend school in their own district, the county superintendent shall have authority, and it shall be his duty, when requested by the parents or guardians of such children, to attach to adjoining districts such territory as he may deem necessary for the purpose of giving the children school privileges. When a district is reduced in size by the annexation of a part of its territory to a city district as provided by law, or when a portion of a district is cut off from school privileges by a river changing its channel, so that such part remaining after such annexation or the portion so cut off by change of a river channel shall contain less than two sections of land and fewer than twenty (20) persons of school age, the county superintendent shall have authority, and it shall be his duty to attach such remainder or portion to adjoining districts, provided this can be so done that no pupil in such remainder or portion shall be more than two and one-half miles from the nearest schoolhouse in the district in which such pupil is so placed.
Eighth-Petitions filed.-The county superintendent shall file in his office all petitions that have been granted for change of boundaries or for the formation of new districts, and such petition shall be prima facie evidence of the boundaries of districts; and all conflicting records of boundaries shall be made to correspond with the petitions so filed.