aschool population of 2,000 and not exceeding 3,000, the county superintendent shall receive $500 per annum, in counties of 3,000 to 4,000 he shall receive $900, in counties of 4,000 to 5,000 he shall receive $1,000, in counties of 5,000 or more he shall receive $1,200. In counties having no county superintendent the county judge shall act.

District school trustees.—It is the duty of the county commissioners' court to subdivide their county into school districts as convenient as possible for the attendance of the children at the school or schools to be established therein. The voters of the district shall elect three trustees for said districts, one to retire annually. They shall determine the number of schools and their location, and when they shall be opened and when closed, contract with teachers, and manage and supervise the schools. They shall approve all teachers' vouchers and all other claims against the school fund of their district, and shall have the power to admit pupils over and under scholastic age. They shall take the district census, and for each name taken shall be paid 5 cents.

When a town or village contains more than 200 and fewer than 10,000 it may vote to incorporate itself, as a town or village, in the manner prescribed by law for the incorporation of towns and villages, provided that the incorporated territory shall not exceed a territory of 16 square miles. For such incorporated places there shall be elected five trustees for the period for which the other municipal officers are chosen, and shall in general be vested with all the powers, rights, and duties in regard to the establishment and maintaining of free schools, including the powers of taxation as vested in the council or board of aldermen of incorporated cities and towns.

The cities and towns in the State are authorized to assume exclusive control of all the public schools within their limits and to govern them in any way not inconsistent with the laws, to elect or the council to appoint a board of trustees of six to hold for four years, three to retire biennially. No compensation is allowed them.

City boards of examiners.-Cities and towns of 500 inhabitants of school age, which are independent districts having a superintendent, may have a board of examiners.

2. TEACHERS.

Appointment, qualifications, and duties.-Preliminary training.-Meetings. Appointment, qualifications, and duties. Any teacher desiring to teach in any city, town, or district in the State shall, before contracting with any board of trustees or school board, exhibit a teacher's certificate, and anyone who teaches in any public school of this State without a valid certificate shall not be paid from the free-school funds, and forgery of a certificate shall be punished by confinement in the penitentiary for a term of not less than two nor more than seven years. Applicants for examination must apply to the county superintendent, stating class of certificate desired, and by him is sent to the board of county examiners, the applicant having been satisfactory to the county superintendent and having deposited $3 as an examination fee. The applicant must speak the English language fluently, and be of good moral character. Certificates granted are of three kinds, as follows: A county certificate valid only within the county; a city certificate valid only within the city; a State certificate to be valid anywhere within the State. County certificates shall be of four classes, as follows: First, second, third grades, and permanent, and are issued by the county superintendents on recommendation of the county board of examiners, which shall hold an examination during every month except January, March, May, and July. The questions are furnished by the State superintendent, and the rules and regulations are prescribed by him and the county superintendent. An applicant for a third-grade certificate shall be examined in spelling, writing, arithmetic, English grammar, geography, Texas history, elementary physiology, and hygiene, and the laws of health with special reference to narcotics, and school management and methods of teaching, and must, in order to obtain a certificate, make an average of not less than 70 nor less than 50 on any grade. An applicant for second-grade certificate shall be examined on the five mentioned subjects, and in addition United States history, elementary principles of civil government, English composition, physiology and hygiene, and physical geography. The second-grade certificate is good for two years, and the applicant must make 75 on all and not less than 50 on any one subject, but if he make 85 instead of 75 the certificate is good for four years. An applicant for the first-grade certificate shall be examined in the subjects prescribed for the second grade, and in addition in physics, algebra, elements of geometry, the Constitutions ED 94-74

of the United States and the State of Texas, and in the elements of mental and moral science, and the effects of tobacco and alcoholic intoxicants upon the human system. The certificate is valid for four years (if continuous), and to obtain it the applicant must make an average of not less than 85 in general and 50 in any particular subject, but is valid for two years if only 75 instead of 85 is obtained. An applicant for a permanent certificate shall be examined on the subjects required for a first-grade certificate, and in addition the history of education, psychology, English and American literature, chemistry, solid geometry, plane trigonometry, and elementary double-entry bookkeeping. The general average required to pass for a permanent certificate is 85 and not less than 60 in any subject. The certificate lapses if the holder withdraws three continuous years from teaching. A local permanent certificate may be given to meritorious teachers of five years of continuous work in the public schools of the county of the grade held at the time. On application of a candidate for a first or second grade or a permanent certificate the county superintendent shall forward the papers to the State superintendent, who will lay them before the State board of examiners, together with the fee of $1 furnished by the candidate, and if they find the papers rightly graded they shall recommend that the candidate be given a new certificate in lieu of his county certificate, which shall entitle him to teach in any county.

City boards of examiners may issue certificates of two kinds, a temporary and a permanent certificate, and of three classes for each kind: Primary teacher's certificate, intermediate teacher's certificate, and high-school teacher's certificate. A temporary certificate is good for four or fewer years, and a permanent certificate during good behavior. The force of the normal-school certificate is given below. It shall be the duty of every teacher to use the English language exclusively in the free public schools, though any other language may be taught as a branch of study; to attend summer normals and county institutes as far as possible; to keep daily registers in which the names, ages, and studies of the pupils and their attendance shall be recorded, and such other matters as may be prescribed by the State superintendent; to make monthly reports upon such subjects as may be designated by the State or county superintendent, which are to be approved by the trustees. They shall also make such reports at the end of the term as may he prescribed by the State superintendent, and until made their last month's salary shall not be paid.

Preliminary training.-Normal instruction for white persons shall be given in the Sam Houston and for colored persons in the Prairie View Normal School. The white school under the supervision of the board of education offers two scholarships for every senatorial district to persons 16 or over who sign a written statement that it is their intention to teach at least one year after leaving the school; the normal school for colored persons 16 or over, one from each senatorial district and three at large. The school is under the immediate authority of the board of directors of the Agricultural and Mechanical College of Texas. University diplomas given by the University of Texas to students completing the degree course in pedagogy or some other course shall have the force of permanent State certificates. Those showing completion of the special professional course shall have the force of first-grade State certificates; those showing completion of the course in elementary pedagogy shall have the force of State certificates of the first grade for a period of two years. Any teacher of three years' standing in Texas who is a degree man of a university or college of standing may receive a permanent State certificate. Those holding a diploma from a Texas State normal school, or from the Peabody Normal School, or the North Texas College, or Coronal Institute may teach in the public schools as being entitled to a permanent State certificate without examination.

Normal institutes and meetings.-The State superintendent shall prescribe regulations for holding summer normal institutes and prescribe rules for granting summer normal certificates, which shall be State certificates, good for four years. The county superintendent shall organize and hold, with such assistance as may be necessary, at least three or more institutes of two days each during the year, and failure to conform to this will cause his removal. It is the duty of all teachers in the public schools in the State to attend the summer normals and county institutes as far as possible.

3. SCHOOLS.

Attendance.-Character of instruction.-Buildings.

Attendance.-The children of the white and colored races shall be taught in separate schools, and in no case shall any school consisting of partly white and partly of colored or mixed blood receive any aid from the public-school fund. All

children over 8 years of age and under 17, at the beginning of any scholastic year, shall be entitled to the benefit of the public-school fund for that year for the period of six months at least.

Character of instruction.-There shall be taught in the public schools orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, composition, physiology and hygiene, including the effects of alcoholic stimulants and narcotics on the human system, and other branches as may be agreed on by the trustees or directed by the State superintendent.

Buildings. When a school district has no schoolhouse or an insufficient number, or those it has are in need of repairs or furniture, the trustees may contract for the building, repairing, or furnishing required, and may use not more that 25 per cent annually of the school fund of the district for a period of five years, provided that in case a house is to be erected the citizens must furnish in labor or means an amount equal to one-third of the school fund to be so used, and a suitable piece of land shall be donated as a site. But if the people of the district tax themselves for the purpose of erecting the building required, the tax to be devoted exclusively to building, and so much of the available school fund of any year, not to exceed 25 per cent, as the county superintendent may deem expedient, may be used in the purchase of suitable school property. The trustees may rent or lease a suitable building.

4. FINANCES.

Funds (permanent and special).—Taxation.

Funds (permanent and special).—All funds, lands, and other property heretofore set apart and appropriated for the support of the public schools, all the alternate sections of lands reserved by the State out of grants heretofore made, or that hereafter may be made, to railroads or other corporations of any nature whatsoever, one-half of the public domain of the State, and all sums of money that may come to the State from the sale of any portion of the same, shall constitute a perpetual public-school fund. The interest arising from the fund and the taxes [State] herein authorized shall be the available school fund, to which the legislature may add not exceeding 1 per cent annually of the total value of the permanent school fund. The available school fund shall be distributed to the several counties according to the scholastic population.

Taxation.-One-fourth of the revenue derived from the State occupation taxes and a poll tax of $1 on every male inhabitant 21 to 60 years of age shall be set apart annually for the benefit of public free schools, and in addition thereto there shall be levied and collected an annual ad valorem State tax of such an amount, not to exceed 20 cents on the $100, as with the available school fund income will be sufficient to maintain and support the public free schools for a period not less than six months in each year; and the legislature may authorize the school districts to raise an additional ad valorem tax, to be levied and collected within such districts, for the further maintenance of the public schools and the erection of school buildings therein, provided that two-thirds of the taxpayers shall vote such tax, not to exceed in any one year 20 cents on the $100; but this limitation does not apply to incorporated cities or towns constituting separate or independent school districts.

OHIO.

1. ORGANIZATION OF THE SYSTEM.

State commissioner.—State board of examiners.-State text-book board.-County board of examiners.-Board of education.-City and village examiners.-City superintendent.-Truant officer.

State commissioner of common schools.-There shall be elected at the general election for State officers a State commissioner of common schools, who shall hold office for three years, a vacancy to be filled by the governor. He shall give bond to the amount of $5,000, with two or more sureties, and shall keep official books and papers at his office at the capital, where he shall be in attendance not fewer than ten months, except when absent on public business. He shall visit annually each judicial district of the State, superintending and encouraging teachers institutes, conferring with boards of education or other school officers, counseling teachers, visiting schools, and delivering lectures on topics calculated to subserve the interests of popular education; shall secure the safety and proper application of State educational funds, and may require all persons having charge of

the same to account to him; shall prescribe suitable forms and regulations for making all reports and conducting all necessary proceedings under the school laws, and shall transmit them to the local officers with instructions; shall prepare as many copies of the school laws as are necessary and distribute them; shall make an annual report to the general assembly, or when that body is not in session to the governor; send a copy to the legislature when it convenes. In his report he shall give the condition and amount of all funds and property appropriated to education, the number of common schools, the number, by sex, attending them, and the branches taught, the number of private and select schools in the State, and their attendance, by sex, and the branches taught. He shall also give the number of teachers' institutes, the attendance thereat and the number of instructors, and the amount paid to each, the estimated cost of the schools and the accounts of the expenditures of every description, plans for the management and improvement of common schools, and such other information as he may deem of importance. He shall annually require of the president, manager, or principal of every seminary, academy, and private school à report of such facts, arranged on such form as he shall furnish.

State board of examiners.-There shall be a State board of examiners, which shall consist of five competent persons, residents of the State, to be appointed by the State commissioner for five years, not more than three of whom shall belong to the same political party, one member to retire annually. Each member shall receive $5 per diem of actual service and 6 cents mileage each way from his residence and back.

State text-book board.-(See Schools, Text-books.)

County boards of examiners.-There shall be a county board of examiners, to consist of three competent persons, to be appointed for three years by the probate judge. Two members shall have had at least two years' experience as teachers, and shall be or shall have been within five years actual teachers in properly recognized schools. They shall all be residents of the county for which they are appointed, and shall not be connected with or interested in any school for the special education or training of persons for teachers, or any other private school, or be employed as instructor in any institute in his own county; and violation of these provisions vacates the office held by the offender. A clerk shall be appointed from the members, who shall keep a record of the proceedings, of the certificates issued, and report to the State commissioner annually. Each board shall fix upon the time and place for holding meetings for the examination of applicants for certificates. Board of education.-The State is divided into school districts, to be styled, respectively, city districts of the first grade of the first class, of the second grade of first class, city districts of the first class, city districts of the second class, village districts, special districts, and township districts. Each city having a population of 250,000 or more, including the territory annexed to it for school purposes and excluding that detached from it for school purposes, shall constitute à city district of the first grade of the first class; each city having a population of 150,000 to 250,000 shall constitute a city district of the second grade of the first class, and each city having a population of 10,000 to 150,000 shall constitute a city district of the first class; each city of the second class having a population of fewer than 10,000 shall constitute a school district to be styled a city district of the second class; each village shall constitute a school district to be styled a village district; each organized township, exclusive of any of its territory included in a city, village, or special district, shall constitute a school district to be styled a township district. All other legally constituted districts shall be styled special districts. In city districts of the first grade of the first class the board of education shall consist of one member from each ward, who shall be an elector and shall hold for two years. But the members of such board shall not as individuals or as local committees exercise supervisory authority over the schools in the several wards or districts, or have the selection or nomination of teachers. The board shall hold regular meetings once every two weeks.

Boards of education in city districts of the second grade of the first-class shall consist of a school council of 7 and a school director, and shall organize by electing one of its members president and a nonmember clerk, whose salary shall not exceed $2,000 per annum. The members shall be elected biennially, one group retiring annually. The council has legislative power and authority in regard to school affairs within its district, but no resolution levying a tax shall be adopted unless the resolution, together with the estimates on which the same is based, has been submitted to and approved by the board of tax commissioners in the city coextensive with or partly lying in the district. Every resolution involving an expenditure of money or the approval of a contract for the payment of money or the purchase, sale, lease, or transfer of property, or levying any tax, or for the

change or adoption of any text-book, shall before it takes effect be presented, duly certified by the clerk to the school director, who shall sign it or return it to the council at its next meeting, and on his failure to return it as above directed the measure shall become a law; but he may approve or disapprove any part of a resolution appropriating money if the item has no bearing or connection with any other part of such resolution, and the council may override his objections by a two-thirds vote. The council shall have power to provide for the appointment of all necessary teachers and employees, to prescribe their duties, and fix their compensation.

In city districts of the second class and in village districts the board of education shall consist of 6 members, except in districts organized under a law providing for only 3 members, unless such districts elect to have 6 members: but the electors of any city district of the second class may vote that the board shall consist of as many members as the city has wards, in which case a member shall biennially be elected in each ward. In other city districts of the second class the members shall be elected to serve for three years, 2 members to retire annually if composed of 6, 1 member to retire annually if composed of 3 members.

In village districts members of the board of education shall be elected for a term of three years, 1 to retire annually, but the district may vote to increase the membership to 6, when 2 shall retire annually.

The board of education of each township district divided into subdistricts shall consist of the township clerk and one director elected for a term of three years from each subdistrict, the township clerk being ex officio clerk of the board, but having no vote except in case of a tie. The directors thus elected shall be divided into three classes, one class to retire annually. The board shall hold regular sessions on the third Monday of April, June, August, October, December, and February, and may hold special meetings. The board may at any regular session increase or diminish the number or change the boundaries of subdistricts, but no subdistrict shall contain fewer than 60 resident scholars, except where the board deems it necessary to reduce the number.

The board of education of each special district shall consist of 3 resident members having the qualifications of electors, but the electors may vote that the membership be increased to 6, one-third of the board to retire annually.

When the better accommodation of scholars makes it desirable to form a subdistrict composed of parts of two or more townships, the boards of education of the townships interested may by mutual agreement at a joint meeting, or by three special commissioners, establish the same, the school being under the control of the board of education of the township in which the school is situated. The boards of education of all districts are bodies politic and corporate, but when a board of education decides to dispose of any property held by it in its corporate capacity, exceeding $300 in value, it shall sell the same at auction after thirty days or more notice by advertisement in a newspaper and placard. All property vested in any board of education shall be exempt from tax, sale on execution, or other similar writ. Each board shall organize by choosing one of its members president, and, excepting township boards, by choosing also a clerk, who may or may not be a member. Vacancies are to be filled by the board. A majority of the board of education shall constitute a quoruin. The board shall make such rules as it may deem expedient for its own government and of its appointees and the pupils, and shall make and enforce rules for the vaccination of those attending school.

The board of education of each district shall make a report to the county auditor containing a statement of the receipts and expenditures of the board, the number of schools sustained, the length of time such schools were sustained, the enrollment of pupils, the average monthly enrollment, the average daily attendance, the number of teachers employed and their salaries, the number of schoolhouses and schoolrooms, and such other items as the commissioners of common schools may require.

City and village examiners.-There shall be a board of examiners of 3 or 6 persons for each city district of the first class, to be appointed by the board of educa tion of the district. Two of the persons appointed shall have at least two years' practical experience in teaching and shall otherwise be competent for the position and residents of the district for which they were appointed.

City superintendents.-Each board of education shall have the management and control of the public schools of the district with full power to appoint a superintendent and assistant superintendent of the schools, and a superintendent of buildings, whose salaries may be increased, but shall not be diminished, during the term for which the appointment is made.

Truant officer,—(See Schools, attendance.)