Page images

164 North Dakota: Amending sec. 811, Revised (odes, 1905, relative to school treasurer's bond and filling of vacancies.

Sec. 1, chap. 204, Mar. 15, 1909. D. 165 Ohio (1909): Under Rev. Stat., sec. 4017, providing that the board of education

shall have the management and control of all the public schools in the district, and sec. 3985, authorizing the board to make such rules and regulations as it may deem necessary for the government of the schools, so far as rules so established are reasonable and fairly calculated to insure good government of the schools and promote education, they will be sustained by the courts.—Board of

Education of Sycamore v. State, 88 N. E., 412. D. 166 Ohio (1908): A broad discretion is reposed in boards of education as to the

purchase of supplies, and hence, in the purchase of fuel, gradation of quality of coal, heating capacity, adaptability to heating apparatus, and experience and skill of persons managing school furnaces, are essential facts to be considered in making selection therefor, which may render it inadvisable to accept the lowest priced; and, where it appears that the board has acted in good faith, acceptance of other than the cheapest coal will not be enjoined.—Gosline v. Toledo Board

of Education, 30 Ohio Cir. Ct. R., 503. 167 Oklahoma: Authorizing boards of education to construct and maintain two or more schoolhouses in certain school districts.

S. B. 295, p. 557, Mar. 17, 1909. D. 168 Pennsylvania (1909): Act of June 27, 1895 (P. L., 395), forbidding the wearing

of religious garbs by teachers and imposing a fine on the board of directors permitting the same, is not to be construed so as to impose a penalty on a director who has done his duty. It is only directed against such directors as have failed to comply with the provisions of the act.Commonwealth v. Herr, 39 Pa. Super.

Ct., 454. 169 South Dakota: Amending secs. 22, 23, 36, 59, 125, 126, and 134, chap. 86, Laws,

1907, providing for the incorporation of cities under commission.
Secs. 125 and 126 referring to organization of the board of education.

Chap. 57, Feb. 19, 1909. 170 South Dakota: Amending sec. 42, chap. 135, Laws, 1907, relating to school

district officers' meetings.
Removing limitation as to time of meeting.

Sec. 3, chap. 140, Mar. 3, 1909. 171 Tennessee: Charter of the city of Knoxville.

“SEC. 72. * * That there shall be a Board of Education for the city to consist of seven members, citizens of the town, and not members of the Board of Mayor and Aldermen.

“SEC. 73. * * That the first Board of Education after this Act takes effect shall consist of the five members of the Board of Education of the former corporation of Knoxville—one member from Park City, elected by the Mayor and Councilmen of Park City, and one member from the territory and the inhabitants thereof known as Oakwood and Lincoln Park, elected by the Mayor and Aldermen of the city of Knoxville, and thereaiter that the Board of Education shall be elected by the Board of Mayor and Aldermen from the citizens and qualified voters of ihe town by ballot, and the term of office of each member shall be five years.

“SEC. 74. That the persons who constitute said Board of Education of said city of Knoxville at the time this Act takes effect are hereby continued in office as the Board of Education provided for herein for said city of Knoxville, and they shall continue in office as members of said Board of Education until the expiration of the terms of the members of the said Board of Education in December of each year to fill the vacancy then occurring. The persons composing such Board shall have or receive no compensation for their services.

“Sec. 75. That the said Board of Mayor and Aldermen shall have power to prescribe the duties of the Board of Education and Board of Public Works herein created; also rules and regulations for their government, and to enforce the same by appropriate ordinances, except as herein prescribed by this act.


“Sec. 76. That the Board of Education shall have charge of all school property belonging to the city and shall direct the expenditure of all money received from the State and county and the city of Knoxville for school purposes; Provided, however, that the erection of school buildings shall be under the direction and control of the Board of Public Works and under such regulations as the Board of Mayor and Aldermen may enact.

“Sec. 77. That the Board of Education shall annually, through its President and Secretary and the Superintendent of Schools, make to the Board of Mayor and Aldermen a full and complete statement of all amounts from the various sources for schools, and the manner of disbursements, the attendance of the schools and the average cost per capita for the different purposes, together with such additional information as the Board of Mayor and Aldermen may require. This report, together with all vouchers for expenditures, shall be carefully audited by the School Committee of the Board of Mayor and Aldermen, and said committee shall report their action in writing to the Board of Mayor and Aldermen.

“Sec. 78. That the members of the Board shall have seats in the meetings of the Board of Aldermen of said city and be entitled to take part in the proceedings and deliberations on all questions relating to matters under their charge, subject to such rules as the Board of Mayor and Aldermen shall from time to time prescribe, but without the right to vote, and one of said Board shall attend every meeting of the Board of Aldermen.

Chap. 589, May 1, 1909. (Jan. 1, 1910.) D. 172 Tennessee (1909): Where a county board of education, under Acts 1907,

p. 848, chap. 236, sec. 10, subdiv. 4, making it its duty to locate schools where deemed most convenient, locates a school at a certain place so as to consolidate two schools, and ultimately three, into one, it acts within its discretion, and its decision will not be disturbed by mandamus.-State v. Board of Education of

Blount County, 121 S. W., 499. 173 * Vermont: Amending sec. 938, Public Statutes, 1906, relating to the union of

towns for supervision.

Towns having 25 and less than 30 schools may, and a town having 30 or more schools shall, employ a superintendent of schools. Providing for discontinuance of unions.

Secs. 1 and 4, Act 36, Dec. 16, 1908. (July 1, 1909.) D. 174 West Virginia (1909): A board of education exists only under the statute,

having only the powers given by statute, and such as are necessary to execute such express powers, and can not lease a school lot for production of oil and

gas.-Herald v. Board of Education, 65 S. E., 102. 175 * Wisconsin: Amending sec. 926–115 (chap. 360, Laws, 1903, as amended by

chap. 388, Laws, 1905), relative to city superintendents of schools.

Authorizing boards of education in cities, excepting cities of the first class, to elect a city superintendent of schools for a term not to exceed three years.

Chap. 86, May 5, 1909. 176 Wisconsin: Repealing sec. 925-113 (chap. 480, Laws, 1907), Statutes, and cre

ating secs. 925–113m, 925–113n, and 925–119m, Statutes, relative to the election or appointment of boards of education in cities, and the changing of school systems and school district boundaries.

Chap. 117, May 24, 1909. 177 Wisconsin: Amending sec. 546, Statutes, relative to a vacancy in the office of subdistrict clerk in towns under the township system of school government.

Chap. 131, May 13, 1909. 178 Wisconsin: Amending sec. 925–118a, Statutes, relative to authorizing the board

of education in cities of the third class to have charge of erecting school buildings in such cities, and giving the same privilege to the board of education in cities of the fourth class.

Chap. 194, May 26, 1909.

179 Wisconsin: Creating sec. 925–46m, Statutes, relative to the publication of the

official proceedings of boards of education.
Requiring publication.

Chap. 249, June 1, 1909. 180 Wisconsin: Amending sec. 17, chap. 459, Laws, 1907, relative to school boards and common and high schools in cities of the first class.

Chap. 281, June 3, 1909. 181 Wisconsin: Creating secs. 925m-301 to 925m-318, inclusive, Statutes, relative

to the organization and government of cities of the second, third, and fourth classes under a commission form of government.

"SEC. 925m-317. The board of education shall continue to be elected or appointed as provided by law, and any city work done under the direction of commissions appointed by the state shall continue to be done in the manner prescribed by law prior to the passage of these sections."

Chap. 448, June 15, 1909.

(e) School Meetings; Elections; Qualifications for Voters. The enactments classified in this section relate principally to minor and local administrative changes concerning the time and manner of publication of notices of general and special school elections, the conduct of such elections, and the general powers and authority of district school meetings. The several measures concerning the elective franchise of women are not wholly without general significance (186, 191, 195). 182 California: Amending sec. 1882, Political Code, 1906, relative to the contents of notices of election for issuance of school bonds.

Chap. 301, Mar. 19, 1909. 183 California: Amending sec. 1881, Political Code, 1906, relative to notice of election for issuance of school bonds.

Chap. 302, Mar. 19, 1909. 184 Colorado: Repealing secs. 5942, 5943, 5944, and 5945, Revised Statutes, 1908,

relative to school district bonds; amending sec. 5921, Revised Statutes, 1908, relative to school elections.

Chap. 205, Apr. 8, 1909. 185 Connecticut: Concerning biennial election of school officers. Relating to the form of ballot to be used in local school elections.

Chap. 68, June 2, 1909. 186 Connecticut: Amending secs. 1629 and 1630, General Statutes, 1902, relative

to the qualifications of women voters.

Extending franchise to women to elections for directors of public libraries and upon questions relating to public libraries (formerly school officers and educational questions).

Chap. 96, June 23, 1909. 187 Connecticut: Concerning the preparation, form, and use of ballots.

Sec. 3 prescribes the form of ballot for voting on constitutional amendments or on educational questions.

Chap. 250, Aug. 24, 1909. (July 1, 1910.)

D. 188 Kansas (1909): The word "may,'' in Gen. Stat., 1901, sec. 6122, providing

that special meetings may be called by a school district board or upon a petition signed by 10 resident taxpayers, is used in its permissive sense. State v.

School Dist. No. 1, Edwards County, 103 P., 136. D. 189 Kansas (1908): Laws, 1905, p. 659, chap. 397, sec. 10, providing that the

proposition of establishing county high schools shall be submitted at the next general election in each county, unless previously submitted, and that, when "a majority of the voters voting” in any county shall be in favor of such proposition, the provisions of that act shall apply thereto, requires, where the election is a general one, a majority of all the voters voting on any office or proposition at such election.-Board of Education of City of Humbolt v. Klein.,

99 P., 222. 190 Michigan: Amending secs. 17 and 20, chap. 2, and secs. 3, 4, 9, and 25, chap.

3, and secs. 4, 5, 6, chap. 10, act 164, Public Acts, 1881 (secs. 4662, 4665, 4668, 4669, 4674, 4691, 4749, 4750, and 4751, Compiled Laws, 1897), relative to qualifications of voters at school elections, powers of district meetings, district boards and officers, and the alteration of boundaries of graded school districts.

Act 83, May 12, 1909. 191 Michigan: Authorizing women to vote in certain cases.

Women possessing the qualifications of male electors and having property assessed for taxes in any part of the district or territory affected by such election are entitled to vote on questions involving expenditure of public money or issuance of bonds.

Act 206, June 1, 1909. 192 New Hampshire: Legalizing the proceedings of towns for the year 1909; appropriating money for school purposes.

Chap. 97, Mar. 30, 1909. 193 New Mexico: Amending sec. 1532, Compiled Laws, 1897, relating to the qualifications of voters at school elections.

Chap. 95, Mar. 18, 1909. 191 South Dakota: Amending sec. 180, Art. II, chap. 135, Laws, 1907, relating to elections in independent school districts.

Chap. 45, Feb. 19, 1909. 195 South Dakota: Submitting to vote amendment to sec. 9, art. 7, constitution,

relating to qualifications of electors.
Extending franchise to women.

Chap. 138, 1909. 196 Wisconsin: Amending subsec. 14, sec. 430, Statutes, relative to the powers of

school district electors.

Fixing length of school year at eight, previously seven, months. (See secs. 439a, 439b, 439cb, 439cc, and 439d, Statutes.). Deleting portions relative to sex of teachers employed, and the time of school sessions-summer or winter.

Chap. 184, May 26, 1909. 197 Wisconsin: Creating sec. 430a-1, Statutes, providing for holding elections for

school officers in districts containing an incorporated village or city of the fourth class.

Chap. 351, June 10, 1909. D. 198 Wyoming (1909): Under Rev. Stat., 1899, sec. 535 et seq., relating to district

meetings of school districts, the term "district meeting” means a coming together, an assembling of the electors in a body at a stated time and place.

Parker v. School Dist. No. 4 of Sweetwater (ounty, 101 P., 944. D. 199 Wyoming (1909): The general election laws of the State as to the time of

opening and closing the polls have no application to school district meetings as regulated by Rev. Stat., 1899, secs. 535, 537, 547, 570, 571.-Parker v. School Dist. No. 4 of Sweetwater County, 101 P., 944.

(f) Administrative Units: Districts, Townships, Municipalities, etc.; Formation;

Division; Consolidation. The most significant features of the items grouped under this heading may be enumerated as follows: Connecticut (207), transferring after July, 1909, to towns the control of public schools; Michigan (220), providing for the organization of townships into single school districts; Missouri (D. 225), pronouncing a liberal construction of a statute since “school matters are usually in the hands of persons not learned in the law;" North Carolina (233), relating to the formation of school districts; and Texas (241), providing for the organization of school districts and discontinuing the community system.

There has been, during recent years, a noticeable decline in the legislative activity providing for the consolidation of school districts. The fundamental statutory devices and legal sanctions having been provided in the majority of States, the present record contains little beyond minor amendments for the improvement of administrative details. Of special interest in this conection, however, are the enactments of Colorado (206), Hawaii (209), Idaho (210), Indiana (212), and Minnesota (224). 200 Alabama: Amending sec. 6, chap, 478, Acts, 1907 (sec. 1692, Code, 1907) relative

to school districts.
Excluding application of provisions of act from certain counties and cities.

Act 93, p. 115, Aug. 25, 1909 (sp. sess.). 201 Arkansas: Amending sec. 7668, Kirby's Digest, 1904, relative to annexation of territory to school districts.

Act 312, May 31, 1909. 202 * Arkansas: Providing for the creation of special or single school districts with same powers as granted to incorporated cities and towns. Elections.

Act 321, May 31, 1909. 203 Callfornia: Adding sec. 1580 to the Political Code, 1906, relating to joint school districts upon the organization of new counties or changes in county boundaries.

Chap. 185, Mar. 12, 1909. 204 California: Amending sec. 1543, Political Code, 1906, relating to the duties of

the county superintendent of schools.
Provisions concerning suspended school districts.

Chap. 187, Mar. 11, 1909. 205 California: Adding sec. 1584, Political Code, relating to school districts embracing within their limits incorporated cities or towns.

Chap. 478, Apr. 12, 1909. 206 Colorado: Providing for the consolidation of adjoining school districts, and for

the transportation of pupils in such enlarged districts, and for courses of instruction in the same.

Chap. 204, May 5, 1909. 207 * Connecticut: Relating to the town management of public schools. (See

No. 121.)

Transferring, after July 15, 1909, to towns the control of public schools. Providing for the election of a school committee and prescribing powers and duties.

Chap. 146, July 14, 1909. (July 15, 1909.)


« PreviousContinue »