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6883 Sec. 184. Institute fund.-To form a fund to defray the expense of institutes, each teacher examined for a certificate, or who has a certificate renewed or endorsed, or who has a certificate or diploma registered by the county superintendent, shall pay the sum of one dollar to the county superintendent; and at the time of the institute each person in attendance may be required to pay an additional sum not to exceed one dollar per week as an institute enrollment fee; to which sum thus raised the county board shall add each year the sum of twenty-five dollars from the general fund of the county, and if they deem it desirable they may increase the amount to any sum not to exceed one hundred dollars. The county superintendent shall make a semi-annual statement under oath to the county board of all moneys received by him for the institute fund and of all moneys disbursed by him from the fund.

6884 Sec. 185. Disbursements. All disbursements from the institute fund shall be upon the order of the county superintendent and upon bills approved by him, which bills shall be filed in his office.

6885 Sec. 186. Institute term-close schools. The county superintendent shall notify all teachers, and the board of all school districts in his county of the time when the institute will begin and all common schools shall be closed during the continuance of the institute.

6886 Sec. 187. Refusal to attend-penalty.-The county superintendent may at his discretion revolke the certificate of or refuse to grant a certificate to any teacher who fails or refuses to attend the county or joint institute. Should graduates from the elementary course of the state normal refuse to attend such institute, it shall be the duty of the county superintendent to report said refusal to the principal of the normal school who shall revoke the certificate of said normal graduate; Provided, the county superintendent may excuse experienced teachers from such attendance when application is made before the opening of the institute and satisfactory reasons for absence are given in writing by such teachers.

A county superintendent should not revoke a teacher's certificate on a partial hearing, but should act in such matters only after a full hearing of the evidence for and against such revocation.

It is legal to receive the enrollment fee of teachers excused from attending the institute This legal requirement for institute attendance is construed to apply to all teachers holding positions in schools organized under articles 3 and 6. The holders of first-grade state certificates and state professional certificates are required to attend the institute unless excused by the county superintendent.

Teachers holding positions in schools organized under article 21 are required to attend the city or county institute unless excused by the city superintendent.

6887

Sec. 188. Election, term.-There shall be a county surerin

tendent in each organized county, whose term of service shall be two years,

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and who shall be elected at the same time and in the same manner as other county officers. No person shall be eligible to the office of county superintendent who does not hold at least a first grade county certificate issued in this state and in force at the time of his election. It shall be the duty of the county clerk to notify the state superintendent of the election of the county superintendent at the time the election is ascertained. The provisions of this article so far as the same relate to the certificates of county superintendents shall not apply to counties having less than 1,000 inhabitants.

The law does not provide for a deputy county superintendent, and action by such person is not legal. If the person elected county superintendent cannot act, he should resign and allow another to be appointed. The powers and duties of the county superintendent of public instruction are derived entirely from the statute. He can exercise only such powers as are especially granted or incidentally necessary to carry the same into effect. Any proceedings on his part beyond the scope of his authority, or where he has no jurisdiction, are absolutely void. 6 Neb., 539.

Sec. 188A. County superintendent.-The county board, at the first regular session of each year, shall determine the compensation to be paid to the county superintendent, but in counties containing a school population of fifteen thousand, or more, such compensation shall not be less than twenty-two hundred dollars per annum; in counties containing a school population of seven thousand and less than fifteen thousand, such compensation shall not be less than eighteen hundred dollars per annum; in counties containing a school population of six thousand and less than seven thousand, such compensation shall not be less than sixteen hundred dollars per annum; in counties having a school population of not less than four thousand, and not more than six thousand, such compensation shall not be less than fourteen hundred dollars; in counties containing a school population of two thousand five hundred and not less than four thousand, such compensation shall not be less than thirteen hundred dollars per annum; in counties containing a school population of two thousand and less than two thousand five hundred, such compensation shall not be less than eleven hundred dollars per annum; in counties containing a school population of fifteen hundred and less than two thousand, such compensation shall not be less than one thousand dollars per annum; in counties containing a school population of less than one thousand five hundred, the county superintendent shall receive not less than five dollars per day for each day actually employed in the performance of the duties of the office, but the total compensation in this class shall not exceed one thousand dollars per annum. The number of days necessary for the performance of said duties shall be determined by the county superintendent, but the number of days so employed shall not be less than two times the number of districts in the county, and one day for each precinct thereof for the examination of teachers. The county board, at their option, may allow the county superintendent such clerk hire and traveling expenses as they deem necessary, and for said traveling expenses the county superintendent shall present such sworn statements and receipts as the county board may require. Provided, however, in counties where the assessed valuation of county is not in excess of the sum of five hundred thousand dollars, the number of days necessary for the performance of said duties may be determined by the county board, but the number of days so employed shall not be less than two times the number of districts in the county, and one day for each precinct thereof for the examination of teachers.

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6888 Sec. 189. General duties.-It shall be the duty of the county superintendent to visit each of the schools of his county at least once in each year to examine carefully into the discipline and modes of instruction and into the progress and proficiency of the pupils, and to make a record of the same, and to counsel with teachers and district boards as to the course of study to be pursued, and for the improvement of the instruction and discipline of the school to note the condition of the schoolhouse and appurtenances thereto, and to suggest a place for new school houses to be erected, and for warming and ventilating the same, and the general improvement of the school house and grounds; to promote by public lectures and teachers' institutes, and by such other means as he may devise for the improvement of the schools in his county, and the elevation of the character and qualifications of the teachers thereof; to consult with the teachers and school boards to secure general and regular attendance of the children of his county upon the public schools; Provided, further, That it shall be the duty of the county superintendent to furnish to each district in the county a copy of the course of study for public schools as prescribed by the state superintendent; to forward to the teachers from time to time, such written or printed questions for reviews based upon such course of study, as in his judgment are necessary or expedient; to furnish the necessary blanks for the annual report of the director, the census report of the district, and such other blanks as he may deem helpful for the work of the schools; and to furnish the necessary record books for the schools and for the district officers. All the supplies above mentioned not paid for by the state shall be paid for out of the general funds of the county.

6889 Sec. 190. Examination for admission to normal school.-The county superintendent shall, at the time of his regular examination for the licensing of teachers on the third saturday of April and on the third Saturday of July of each year and on such other day or days in said months as he may appoint, conduct an examination of applicants for admission to the state normal schools of Nebraska.

6890 Sec. 191. State superintendent prepare questions. The list of questions used in such examinations of applicants for admission to the state normal school shall be prepared by the state superintendent of public instruction and the faculty of the state normal school, transmitted under seal to the several county superintendents, who shall place them before the applicants under the same conditions as to time and supervision as in the examination of teachers for license to teach. At the close of such examinations the county superintendent shall collect the papers prepared by the applicants and shall transmit them under seal to the state superintendent of public instruction, with a certified list of the applicants preparing such papers. All necessary expenses connected with the conduct of these examinations and the transmission of the papers shall be paid by the state normal school or other normal schools that may be established.

6891 Sec. 192. Communication from state superintendent. It shall be the duty of the county superintendent to receive all such blanks and communications as may be directed to him by the state superintendent of public instruction, and to dispose of the same in the manner directed by the state superintendent.

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6892 Sec. 193. Report to same. The county superintendent shall examine into the correctness of the reports of the district boards, and may, when necessary, require the same to be amended, and shall indorse his approval on such as he shall find correct, and transmit duplicates thereof, together with such other information as may be required of him, to the state superintendent of public instruction, when required by said state superintendent.

6893 Sec. 194. Superintendent may administer oaths.-For the purpose of attesting school reports and other purposes connected with the administration of the school law, county superintendents are hereby authorzed to administer the required oaths.

6894 Sec. 195. State superintendent-order from same. The county superintendents shall be subjected to such rules and instructions as the state superintendent of public instruction may from time to time prescribe; and they shall report annually to the superintendent of public instruction, at such times as he may direct, of the official labors performed, and of the general condition and management of the schools under their charge, and such other information as may be required of them by said superintendent.

6895 Sec. 196. Vacancy, how filled. Whenever by death, resignation, or removal, or otherwise the office of superintendent shall become vacant, the county board shall have power to fill such vacancy.

6896 Sec. 197. Negligent reports of districts. Should any district neglect to send in the reports required by section 83, of this chapter, by the first Monday in July, it shall be the duty of the county superintendent to notify the officers of such district that the report is due, and should be sent at once.

6897 Sec. 198. County superintendent to report each deaf, dumb and blind school person in county. Each county superintendent of schools shall report to the superintendent of the institute for the deaf and dumb, on the first day of April of each year, the name, age, residence, and post office address of every person between the ages of 6 and 21 years, who is deaf and dumb and who resides in the county of which he is superintendent. He shall also report on the same date to the superintendent of the institution for the blind, the name, age, residence, and post office address of every blind person, and of every person blind to such an extent as to be unable to acquire an education in the common schools, and who resides in the county in which he is superintendent.

6898

Sec. 199. Location of Office.-The superintendent of public in

struction shall keep an office, which shall be furnished for him at the seat of

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government of the state, and he shall keep all books and papers pertaining to his office therein, subject at all times to the examination of the governor or auditor of state, or a committee from either branch of the legislative assembly.

6899 Sec. 200. Teachers' institutes. He shall organize teachers' normal institutes at such times and places as he shall deem practicable. He shall, as far as practicable, attend such institute and provide proper instructors for the same, and in other ways seek to improve the efficiency of teachers, and advance the cause of education in the state.

6900 Sec. 201. Visit schools. He shall visit such schools as he may have it in his power to do, and witness and advise with teachers and school officers upon the manner in which they are conducted.

6901 Sec. 202. Decide questions of school law. He shall decide disputed points in school law, and all such decisions shall be held to have the force of law till reversed by the courts.

6902 Sec. 203.

Forms for reports. He shall prescribe forms for making all reports and regulations for all proceedings under the general school laws of the state.

6903 Sec. 204.

Publish school laws. He shall cause to be printed, in pamphlet form, the school laws and laws relating to the school lands with blank forms prescribed by him, and furnish each county superintendent with a sufficient number to supply the district officers within his jurisdiction.

6904 Sec. 205. Annual report. He shall annually, on the first day of January, submit to the governor of the state a full report of the operations of his office during the year, which report shall contain a statement of the school funds of the state, and an account of the receipts and expenditures for the purpose of schools, a statement of the condition of the common schools and other educational institutions chartered or fostered by the state, embracing the number of schools of the several grades, the number and average compensation of the teachers, the names and compensations of county superintendents, the number of pupils attending the several schools, the enumeration of youth by counties, the value of schoolhouses, sites, apparatus, and furniture; a statement of such plans as he may devise for the better management of the school funds, and the school system, and such other statements as he may deem expedient to communicate relating to his office and popular education.

6905 Sec. 206. Same distribution.-He shall cause his report to be printed by the state bureau of printing, and shall deliver at the commencement of each regular session of the legislature fifty copies thereof to the senate, and one hundred and fifty copies to the house of representatives, and shall transmit one copy to each county and city superintendent of schools in the state, and one to each state superintendent of public instruction of other states.

6906 Sec. 207. Make apportionment of school funds. He shall, semiannually, on or before the third Monday in June and the last Monday in December, make an apportionment of the funds which are in the treasury and which are applicable to the support of schools, which apportionment shall be based upon the enumeration of youth reported to the state superintendent by the county superintendents.