tors, county treasurers, and county superintendents of the several counties of the State. Fifth. To draw his order on the comptroller in favor of each county treasurer for school moneys apportioned to the county. Sixth. Toprepare, have printed, and furnish all officers charged with the administration of the laws relating to the public schools, and to teachers, such blank forms and books as may be necessary to the discharge of their duties, including blank teachers' certificates to be used by county boards of education. Seventh. To have the laws relating to the public schools printed in pamphlet form, and to supply school officers and school libraries with one copy each. Eighth. To visit the several orphan asylums to which State appropriations are made, and examine into the course of instruction therein. Ninth. To visit the schools in the different counties, and inquire into their condition; and the actual traveling expenses thus incurred (provided that they do not exceed $1,500 per annum) shall be allowed, audited, and paid out of the general fund in the same manner as other claims are audited and paid. Tenth. To authenticate with his official seal all drafts or orders drawn by him, and all papers and writings issued from his office. Eleventh. To have bound, at the State bindery, all valuable school reports, journals, and documents in his office, or hereafter received by him. Twelfth. To report to the comptroller, on or before the 10th day of July of each year, the total number of children in the State between the ages of 5 and 17 years, as shown by the latest reports of the county superintendents on file in his office. Thirteenth. To deliver over, at the expiration of his term of office, on demand to his successor, all property, books, documents, maps, records, reports, and other papers belonging to his office, or which may have been received by him for the use of his office.

He shall have power to call, biennially, a convention of the county and city superintendents, to assemble at such time and place as he shall deem most convenient, for the discussion of questions pertaining to the supervision and administration of the public schools, the expenses of the superintendents being met by the State.

County board of trustees of the school teachers' annuity and retirement fund.— [As this digest goes through the press opportunity is given of mentioning the law of 1895 which creates a public school teachers annuity and retirement fund, administered by a board composed of the superintendent of the county, the county treasurer, and the chairman of the county board of supervisors. Full particulars will appear in next report.]

County board of education.-Except in cities and counties determining otherwise, there shall be a county board of education to consist of the county superintendent of schools and four other members appointed by the board of supervisors, but two at least of the appointed members shall be experienced teachers holding not lower than a grammar grade certificate in force. Each board shall meet semiannually, at such time as they may determine. Special meetings may be called by the superintendent whenever in his judgment the exigencies of the schools may require them to be held.

Examination of applicants for teachers' certificates shall be held only at the semiannual meetings of the board. Certificates upon credentials may be granted, and certificates may be renewed at any meeting of the board.

The board of supervisors shall allow to each member of the county board of education a compensation of $5 per day for his services, and the same rate of mileage as is allowed to the members of the board of supervisors of the county. The secretary shall be allowed the sum of $5 per day for the actual time that the board may be in session; said compensation of the members of the board, and of the superintendent, shall be payable out of the same fund and in the same manner as the salary of the county superintendent.

The board shall have power to examine teachers, and grant certificates, to prescribe and enforce the use of a uniform series of text-books and a course of study in the public schools, and adopt a list of books and apparatus for district school libraries, to issue diplomas of graduation from any of the public schools of the county, except in incorporated cities having boards of education.

County superintendents of schools.-Every four years there shall be elected a county superintendent of schools, whose duty shall be to superintend the schools of his county; to apportion the school moneys to each school district at least four times a year; to draw upon the county auditor for the sums due district or city schools; to keep, open to the inspection of the public, a register of requisitions, showing the fund upon which the requisitions have been drawn, the number

The constitution contains a provision that city and county governments may be merged and consolidated into one municipal government, with one set of officers and may be incorporated under general laws providing for the incorporation and organization of corporations for municipal purposes.

thereof, in whose favor, and for what purpose they were drawn, and also a receipt from the person to whom the requisition was delivered; to visit and examine each school in his county at least once in each year, and for every school not so visited the board of supervisors must, on proof thereof, deduct $10 from his salary; to preside over teachers' institutes held in his county, and to secure the attendance thereat of lecturers competent to instruct in the art of teaching, and to report to the county board of education the names of all teachers in the county who fail to attend regularly the sessions of the institute; to enforce the course of study, the use of text-books, and the rules and regulations for the examination of teachers prescribed by the proper authority. He shall have power to issue, if he deem it proper to do so, temporary certificates, valid until the next semiannual meeting of the county board of education, to persons holding certificates of like grade granted in other counties, cities, or cities and counties, or upon any certificates or diplomas upon which county boards are empowered to grant certificates without examination, but no person shall receive such certificate more than once in the same county. He shall distribute all laws, reports, circulars, instructions, and blanks which he receives for the use of school officers; keep in his office the reports of the superintendent of public instruction; keep a record of his official acts, and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants examined, which shall be open to the inspection of any applicant or his authorized agent; pass upon and approve or reject all plans for school-houses, except in incorporated cities having boards of education, (and to enable him to do so, all boards of trustees, before adopting any plans for school buildings, must submit the same to the county superintendent for his approval); appoint trustees to fill all vacancies, to hold until the 1st day of July succeeding such appointment; when new districts are organized, shall appoint trustees for the same, who shall hold office until the 1st day of July next succeeding their appointment; make reports, when directed by the superintendent of public instruction, showing such matters relating to the public schools in his county as may be required of him, and failure to do so causes him to lose $100 of his salary; preserve carefully all reports of school officers and teachers, and, at the close of his official term, deliver to his successor all records, books, documents, and papers belonging to the office, taking a receipt for the same, which will be filed in the office of the county clerk. He shall, unless otherwise provided by law, in the month of July of each year, grade each school, and a record thereof shall be made in a book to be kept by the county superintendent in his office for this purpose. His traveling expenses shall be paid, provided they do not exceed $10 a district in the year. No superintendent who receives an annual salary of $1,500 or more may follow the profession of teaching or any vocation that can conflict with his duties as superintendent. The county superintendent may appoint a deputy, but the deputy shall receive no compensation.

District board of school trustees and city board of education.-No new school district shall be formed unless the parents or guardians of at least 15 children of school age, residents of the contemplated district and residing a greater distance than 2 miles by a traveled road from the public schoolhouse in the district in which said parents or guardians reside, present a petition to the county superintendent. Every city or incorporated town, unless subdivided by the legislative authority, shall constitute a separate school district, which shall be governed by the board of education or board of school trustees.

An election for school trustees must be held in each school district on the first Friday of June of each year, at the district schoolhouse, if there is one, and if there is none, at a place to be designated by the board of trustees. The number of school trustees for any school district, except where city boards are otherwise constituted by law, shall be three, each to serve three years.

Boards of education are elected in cities under the provisions of the laws governing such cities, and their powers and duties are as prescribed in such laws, except as otherwise provided. The powers and duties of trustees of school districts and of boards of education in cities are as follows:

First. To prescibe and enforce rules, not inconsistent with law or those prescribed by the State board of education, for their own government and government of schools, and to transact their business at regular or special meetings called for such purpose, notice of which shall be given each member.

Second. To manage and control the school property within their districts, and to pay all moneys collected by them, from any source whatever, for school purposes into the county treasury; to be placed to the credit of the special fund of

their districts.

Third. To purchase text-books of the State series for the use of pupils whose parents are unable to purchase them; school furniture, including organs and

pianos, and apparatus and such other things as may be necessary for the use of schools: Provided, That, except in incorporated cities having boards of education, they purchase such books and apparatus only as have been adopted by the county board of education.

Fourth. To rent, furnish, repair, and insure the school property of their respective districts.

Fifth. When directed by a vote of their district, to build schoolhouses or to purchase or sell school lots.

Sixth. To make, in the name of the district, conveyances on all property belonging to the district and sold by them.

Seventh. To employ the teachers and, excepting in incorporated cities having boards of education, immediately notify the superintendent of schools, in writing, of such employment, naming the grade of certificate held by the teachers employed; and to employ janitors and other employees of the schools; to fix and order paid their compensation, unless the same be otherwise prescribed by law: Provided, That no board of trustees shall enter into any contract with such employees to extend beyond the 30th day of June next ensuing.

Eighth. To suspend and expel pupils for misconduct.

Ninth. To exclude from schools children under 6 years of age: Provided, That in cities and towns in which the kindergarten has been adopted, or may hereafter be adopted, as a part of the public primary schools children may be admitted to such kindergarten classes at the age of 4 years.

Tenth. To enforce in schools the course of study and the use of text-books prescribed and adopted by the proper authority.

Eleventh. To appoint district librarians and enforce the rules prescribed for the government of district libraries.

Twelfth. To exclude from school and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.

Thirteenth. To furnish books for the children of parents unable to purchase them, the books so furnished to belong to the school district and to be kept in the district school library when not in use.

Fourteenth. To keep a register, open to the inspection of the public, of all children applying for admission and entitled to be admitted into the public schools, and to notify the parents or guardians of such children when vacancies occur, and receive such children into the schools in the order in which they are registered. Fifteenth. To permit children from other districts to attend the schools of their district only upon the consent of the trustees of the district in which such children reside: Provided, That should the trustees of the district in which children whose parents or guardians desire them to attend in other districts reside refuse to grant their consent, the parents or guardians of such children may appeal to the county superintendent, and his decision shall be final.

Sixteenth. On or before the 1st day of April in each year to appoint a school census marshal, and notify the superintendent of schools thereof, but in any city, or city and county, the appointment of all school census marshals shall be subject to the approval of the city superintendent of schools. In case of failure to so appoint marshals the board are jointly and severally liable for the amount the district loses of the apportionment of school moneys.

Seventeenth. To make an annual report on or before the 1st day of July to the superintendent of schools, in the manner and form and on the blanks prescribed by the superintendent of public instruction.

Eighteenth. To make a report, whenever required, directly to the superintendent of public instruction, of the text-books used in their schools.

Nineteenth. To visit every school in their district at least once in each term, and examine carefully into its management, condition, and wants. This clause to apply to each and every member of the board of trustees.

Twentieth. Boards of trustees may, and upon a petition signed by a majority of the heads of families resident in the district, as shown by the last preceding school census, must, call meetings of the qualified electors of the district for determining or changing the location of the schoolhouse or for consultation in regard to any litigation in which the district may be engaged or be likely to become engaged, or in regard to any affairs of the district. The board must sustain all the schools established by them for an equal length of time, and as far as practicable with equal rights and privileges.

The census marshal shall annually take an enumeration of all children, including Indians who pay taxes or who are not living in tribal relation, under 17 years of age.

2. TEACHERS.

Appointment, qualifications, and duties.—Preliminary training.—Meetings.

Appointment, qualifications, and duties.-Every teacher shall, previous to enter ing upon duty, file a valid certificate with the county superintendent of schools and show that he is 18 years of age or more.

The State board of education shall have power to grant the following certificates Educational diplomas of two grades, valid throughout the State for the period of six years, as follows:

1. High school; authorizing the holder to teach in any primary or grammar school, and in any high school in which said holder is not required to teach languages other than the English.

2. Grammar school; authorizing the holder to teach in any primary or grammar school.

Life diplomas of two grades, valid throughout the State, as follows:

1. High school; authorizing the holder to teach in any primary or grammar school, and in any high school in which said holder is not required to teach languages other than the English.

2. Grammar school; authorizing the holder to teach in any primary or grammar school.

Diplomas may be issued only to such persons as have held for one year, and who still hold a valid city, city and county, or county certificate corresponding in grade to the grade of the diploma applied for, and who shall furnish satisfactory evidence of having had a successful experience in teaching of at least five years when applying for an educational diploma, and of at least ten years when applying for a life diploma. Every application to the State board of education must be accompanied by a certified copy of a resolution adopted by at least a four-fifths vote of all the members composing a city or county board of education, recommending that the diploma be granted, and also by an affidavit of the applicant specifically setting forth the places in which and the dates between which said applicant has taught, and that said applicant has taught a part of each year for five or ten calendar years, respectively. The five or ten years need not be consecutive years, but the aggregate experience must be at least thirty-five months for an educational and seventy months for a life diploma; and in either case the applicant must have had twenty-one months' experience in the public schools of California. The application must also be accompanied by a fee of $2, for the purpose of defraying the expense of issuing the diploma.

To revoke or suspend for immoral or unprofessional conduct or for evident unfitness for teaching life diplomas or educational diplomas heretofore issued or that may hereafter be issued, and to adopt such rules for the revocation of diplomas as they may deem expedient or necessary.

Except as provided below, certificates shall be granted only to those who have passed a satisfactory examination in all the studies prescribed by the county board of education: Provided, That applicants for primary county certificates shall be required to pass an examination only in arithmetic, grammar, geography, composition, history of the United States, orthography, defining, penmanship, reading, methods of teaching, school law, industrial drawing, physiology, civil government, elementary bookkeeping, and vocal music.

All examinations shall be in writing, in answer to questions formulated by the board of education. The said board shall also examine all applicants orally touching the questions asked and upon other matters in connection therewith as shall have a tendency to demonstrate the fitness of the applicant to assume the duties of teacher. The said board shall ask questions of practical utility, with a view of ascertaining the knowledge and ability of the applicant. All examinations shall be public. The standing of each applicant in each study and in the class must be indorsed on the back of each certificate issued upon examination; otherwise it is not a valid certificate.

The board may, without examination, grant county certificates of either the grammar or the primary grade to the holders of life diplomas of other States; to holders of Nevada, Oregon, and Washington State educational diplomas, of San Francisco normal class diplomas when recommended by the superintendent of public schools of said city, of California State University diplomas when recommended by the faculty of the university, of State normal school diplomas of other States, of grammar grade certificates of any county, city, or city and county of California, and county certificates of the high-school grade, and to graduates of any other institution in the United States which the State board of education of this State shall have recommended as being of the same rank as the State University of Califor

nia when the diploma of graduation from said institution shall be accompanied by a recommendation from the faculty thereof showing that the holder of the diploma has had academic and professional training equivalent to that required by the State university. The general conditions on which such recommendations may be accepted by the county boards of education as fulfilling these requirements shall be prescribed by the State board of education.

Whenever any holder of a diploma from the State University shall present to the State board of education satisfactory evidence of having had two years' successful experience as a teacher subsequent to graduation, accompanied by a recommendation from the faculty of the State University, showing that said graduate has completed the prescribed course in the pedagogical department of the State University, the State board of education shall grant to the holder of said university diploma a document signed by the president and secretary of the State board showing such fact, and the said diploma, accompanied by said document of the State board attached thereto, shall become a permanent certificate of qualification to teach in any primary, grammar, or high school in the State, valid until such time as the said document shall be revoked by said State board of education for cause.

The board may, without examination, renew unexpired certificates previously granted by said board; such renewed certificates to remain valid for the same length of time for which new certificates may be granted; and the grammar grade and primary certificates issued or renewed by the county board of education shall entitle the holders thereof to teach in any city or district school in the county, in grades corresponding to the grades of their certificates: Provided, That in cities having special departments in their schools, holders of credentials mentioned above may be examined by the city board of examination in the special studies of such departments. County boards of education may issue, upon proper examination or credentials, special certificates in any special branches taught in the schools of the county. All certificates must be issued upon the blank forms prepared for the purpose by the superintendent of public instruction.

In every city or city and county of the first, second, or third class having a board of education there may be a city board of examination, consisting of the city superintendent and four other members, residents of the city, all of whom shall be experienced teachers elected by the city board and shall hold office for two years. The duty of the board shall be to examine applicants and to prescribe a standard of proficiency which will entitle the person examined to receive (1) a high-school certificate, valid for six years, and authorizing the holder to teach any primary, grammar, or high school in such city; (2) a city certificate, grammar grade, valid for six years, authorizing the holder to teacher any primary or grammar school in such city; (3) a city certificate, primary grade, valid for two years, authorizing the holder to teach any primary school in such city. They shall report the result of the examination to the city board of education; and said board of education shall thereupon issue to the successful candidates the certificates to which they shall be entitled. The board shall recommend applicants for special certificates, valid for a period not to exceed six years, upon such special studies as may be authorized by the city board of education of such city.

City or city and county boards of examination may also recommend the granting of city certificates, and the renewal thereof, in the manner provided for the granting and renewal of county certificates by the county board of education. The holders of city certificates are eligible to teach in the cities in which such certificates were granted, in schools of grades corresponding to the grades of such certificates.

The teacher shall enforce the course of study, the use of the legally authorized text-books, and the rules and regulations prescribed for schools; hold pupils to a strict account for their conduct on the way to or from school, on the playgrounds, or during recess; suspend, for good cause, any pupil from the school, and report such suspension to the board of school trustees or city board of education for review, and if such action is not sustained by them, the teacher may appeal to the county superintendent, whose decision shall be final; keep a State school register, in which shall be left at the close of the term a report showing programme of recitations, classification, and grading of all pupils who have attended school at any time during the school year and the superintendent shall in no case draw a requisition in favor of the teacher until the teacher has filed with him a certificate from the clerk of the board of school trustees to the effect that the provisions of this subdivision have been complied with; make an annual report to the county superintendent at the time and in the manner and on the blanks prescribed by the superintendent of public instruction. Any teacher who shall end any school term before the close of the school year shall make a report to the county superin