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208 Delaware: Amending sec. 9, chap. 67, Laws, 1898 (sp. sess.), relating to the

change of school district boundaries.

Providing that real estate not included in school districts shall be transferred to school districts; prescribing conditions.

Chap. 83, Mar. 15, 1909. 209 Hawaii: Dividing the Territory into districts for election, taxation, educational,

judicial, city, county, and all other purposes. Repealing chap. 14, Revised Laws, 1905, chap. 3, act 39, Laws, 1905, and chap. 2, act 118, Laws, 1907.

Act 84, Apr. 15, 1909. 210 Idaho: Amending sec. 615, Revised Code, 1909, providing for the creation,

change of boundaries, and union of school districts, and for the attendance of pupils at schools in districts other than the one in which they reside.

H. B. No. 70, p. 223, Mar. 15, 1909. D. 211 Indiana (1908): Under the express provisions of Burns' Ann. Stat., 1908,

secs. 6404, 6405, a "school township” is a corporation, and has control of the schools, schoolhouses, and school funds. It is a distinct legal entity from that

of the civil township.—Teeple v. State, 86 N. E., 49. 212 Indiana: Amending sec. 1, chap. 233, Acts, 1907 (sec. 6422 Burns' Ann. Stat.,

1908), relative to the discontinuance of public schools and the transportation of pupils.

Providing for the re-establishment of schools discontinued. Prohibiting the discontinuance of certain schools for colored pupils.

Chap. 30, Feb. 27, 1909. 213 Kansas: Disorganizing certain school districts and annexing the same to other districts in certain cases

Chap. 206, Mar. 12, 1909. 214 Kansas: Repealing and reenacting sec. 6120, General Statutes, 1901, relative to fixing the time for organization of new school districts.

Chap. 207, Mar. 2, 1909. 215 Maine: Amending secs. 94, 96, and 97, chap. 15, Revised Statutes, 1903, providing for the schooling of children in unorganized townships.

Chap. 87, Mar. 16, 1909. 216 Maine: Amending secs. 40, 41, 44, and 45, chap. 15, Revised Statutes, 1903,

relating to the union of two or more towns for the employment of a superintendent of schools.

Chap. 122, Mar. 24, 1909. 217 Michigan: Repealing secs. 17 and 18, act 154, Public Acts, 1903, as amending

sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 15, and 16, act 176, Public Acts, 1891 (secs. 4823, 4824, 4825, 4826, 4827, 4828, 4829, 4830, 4831, 4833, 4834, 4837, 4838, Compiled Laws, 1897), relative to the organization of township school districts in the Upper Peninsula.

Act 7, Mar. 11, 1909. 218 Michigan: Amending secs. 4646, 4647, 4649, 4650, 4651, 4652, 4653, 4654, 4655,

4656, 4657, 4658, 4743, 4744, 4745, Compiled Laws, 1897, relative to the formation, alteration, methods, and powers of school districts and to appeals from action of town boards of school inspectors with reference to the same.

Act 31, Apr. 14, 1909. 219 Michigan: Relating to the boundaries of school districts in cities, and the boundaries of school districts which have been fixed by legislative act.

Act 86, May 13, 1909. 36582-10-45

220 * Michigan: Providing for the organization of township school districts in the


Providing for the organization of townships into single school districts; for the election of trustees, powers, and duties; for the employment of superintendents of schools.

Act 117, May 19, 1909. 221 Minnesota: Amending sec. 1286, Revised Laws, 1905, as amended by chap.

188, Laws, 1907, relative to the change of boundary lines of school districts and the formation of new school districts.

Chap. 13, Feb. 11, 1909. 222 Minnesota: Legalizing the change of boundaries of certain school districts, and

bonds authorized by the legal voters of such districts for the purchase of school site or sites, or building, furnishing, or equipping one or more schoolhouses therein.

Chap. 209, Apr. 17, 1909. 223 Minnesota: Providing for the election of school officers in special districts in

cities of less than 10,000 inhabitants in which the boundaries of the city are co-terminous with the boundaries of such special school district.

Chap. 212, Apr. 17, 1909. 224 Minnesota: Providing for the dissolution and annulment of common school

districts in certain cases.

Common school districts unable to raise by taxation at least $300 for the support of each school in the district by levying the maximum tax rate allowed by law may be dissolved, annulled, and discontinued by the county board. Providing for procedure. Applying only to counties having a county board of education, as provided by chap. 76, Laws, 1907.

Chap. 500, Apr. 24, 1909. D. 225 Missouri (1909): A statute regulating the public school system, and pro

viding in Rev. Stat., 1899, sec. 9742 (Ann. Stat., 1906, p. 4463), the procedure for the organization of school districts, the formation of new districts, and consolidation of districts, will be liberally construed, since school matters are usually in the hands of persons not learned in the law.-State ex rel. School

Dist. No. 1 v. Andrae, 116 S. W., 561. 226 Nebraska: Repealing and reenacting with amendments secs. 11503 and 11523,

Cobbey's Ann. Stat., 1907, relative to the formation of new school districts.

Modifying in minor manner procedure for the alteration of district school boundaries and the annexation of school districts.

Chap. 117, Mar. 24, 1909. 227 Nebraska: Repealing, and reenacting with amendments, sec. 1, subdiv. 14, chap. 79, Compiled Statutes, 1907, relative to school districts in cities.

Chap. 128, Apr. 5, 1909. 228 Nevada: Providing for union school districts, their government, support, etc.

Chap. 46, Mar. 3, 1909. 229 Nevada: Authorizing boards of county commissioners to enlarge the boundaries of certain school districts or to consolidate two or more into one.

Chap. 83, Mar. 11, 1909. 230 Nevada: Amending sec. 39, chap. 182, Laws, 1907, providing for a reorganization

of the system of school supervision and maintenance.

Classifying school districts into two classes. Authorizing districts of the first class to create the office of superintendent of schools. Authorizing election for a period of four years after one year of service.

Chap. 227, Mar. 24, 1909.

231 New Jersey: Validating and confirming de facto organization of school districts

in towns, townships, and boroughs acting under the provisions of art. 6, Acts, 1903 (sp. sess.), the proceedings had by boards of education, boards of estimate, and other municipal bodies therein, and the school bonds issued or authorized to be issued by said municipalities.

Chap. 186, Apr. 19, 1909. 232 New Hampshire: Amending in a minor manner secs. 1 and 2, chap. 89, Public Statutes, 1901, and defining the town school district.

Chap. 23, Feb. 24, 1909. 233 North Carolina: Amending sec. 4129, Revisal, 1905, relating to the formation

of school districts.

The county board of education shall not create a school district containing less than 65 children of school age; amended by adding, “unless such district shall contain at least twelve square miles, or shall be separated by dangerous natural barriers from a schoolhouse in the district of which the proposed new district is a part.'

Chap. 856, Mar. 8, 1909. 234 North Dakota: Amending sec. 796, Revised Codes, 1905, providing for the legalizing of the irregularities in the organization of school districts.

Chap. 206, Mar. 16, 1909. 235 Oklahoma: Amending sec. 5832, Statutes, 1893, relative to schools in cities of

the first class. Legalizing certain official acts of boards of education; legalizing elections in school districts embracing cities.

H. B. 372, p. 555, Mar. 20, 1909. 236 Pennsylvania: Extending and conferring upon independent school districts,

contiguous to cities and boroughs, the corporate powers conferred upon townships of the first class by sec. 7, act 86, Laws, 1899, as amended.

Act 218, May 3, 1909. 237 South Dakota: Relating to school district boundaries in cases where cities,

towns, or villages, now organized under special charter, may reorganize under the general law.

Chap. 62, Feb. 20, 1909. 238 South Dakota: Amending sec. 174, chap. 135, Laws, 1907, relative to the

organization of independent school districts.
To be organized under provisions of "article” (formerly act).

Chap. 214, Mar. 5, 1909. 239 South Dakota: Empowering county commissioners and county superintendents

to create school districts out of congressional townships where two-thirds of electors of said congressional townships petition therefor.

Chap. 242, Mar. 8, 1909. 240 Tennessee: Transferring to the school commissioners of the board of education

of the city of Memphis all of the public school property and the public school funds in the hands of the district school directors or the county board of education situated within the territory annexed to the city of Memphis during the present session of the legislature; providing for the management and conduct of the district schools in the territory so annexed; and for the payment of tuition fees by children residing in said annexed territory who may attend the public schools of the city of Memphis.

Chap. 458, Apr. 29, 1909. (Sept. 1, 1909.)

241 * Texas: Putting into effect the constitutional amendment adopted Nov. 1908,

relating to public schools, by amending secs. 50, 57, 58, 59, 60, 61, 63, 65, 66, 76, 77, 78, 80, 81, and 154, and by adding 154a, chap. 124, Acts, 1905, relating to school districts and school funds.

Amending sec. 50. All counties not already subdivided to be divided into school districts by September 1, 1909. Striking out provisions relating to the continuance of the community system. Limiting minimum area of common school districts; not to contain less than 9 square miles; other provisions regarding the formation of school districts.

Chap. 12, p. 18, Feb. 18, 1909. 242 Texas: Putting into effect the constitutional amendment adopted Nov., 1908,

relating to public schools, by amending secs. 50, 57, 58, 59, 60, 61, 63, 65, 66, 76, 77, 78, 80, 81, and 154, and by adding 154a, chap. 124, Acts, 1905, relating to school districts and school funds.

Adding sec. 154a. Placing all school districts organized under special legislative acts under general acts relating to incorporated school districts.

Chap. 12, p. 22, Feb. 18, 1909. 243 Wisconsin: Creating sec. 925–113a, Statutes, relative to the powers of electors

in cities of the fourth class to change the system of school government.

Providing for method of return to ordinary district system of school government.

Chap. 237, June 1, 1909.


(a) General.

The abolishment of the office of commissioner of the school fund in Connecticut (246), the declaration of the constitutionality of act relative to taxation for educational purposes in Georgia (D. 248), the creation of the school-fund commission in Hawaii (250), the authorization of a bond issue in aid of weak school districts in New Mexico (254), the creation of the state board of public affairs in Oklahoma (256), and the measure in Wisconsin (267) relative to the auditing of certain expense accounts, represent the more important enactments dealing with general financial policy toward public education. 244 Arkansas: Appropriating funds accruing from the fees for state and professional

examinations of teachers and providing for the expenditure of such funds as provided in sec. 7530, Kirby's Digest.

Act 154, Apr. 23, 1909. 245 Colorado: Concerning the money to which various counties are entitled under

the agricultural appropriation act of Congress, approved May 23, 1908.
Relates to forest reserve funds; 5 per cent to be expended on roads or schools.

Chap. 2, Apr. 20, 1909. 246 Connecticut: Relating to the care and management of the school fund. Repeal

ing secs. 148, 149, and 150, General Statutes, 1902.

Abolishing after July 1, 1909, the office of commissioner of the school fund. Transferring powers and duties to state treasurer.

Chap. 22, May 6, 1909. (July 1, 1909.)

247 Delaware: Amending sec. 1, chap. 11, Revised Code, 1893, relating to the exemp

tion of property from taxation.

Exempting property of religious and educational institutions when not held for investment.

Chap. 36, Apr. 5, 1909. D. 248 Georgia (1908): The act approved August 2!, 1906 (Acts, 1906, p. 61), in

amendment of the act approved August 23, 1905 (Acts, 1905, p. 425), is not violative of Const., art. 7, sec. 2, par. 2 (Civ. Code, 1895, sec. 5884), authorizing the general assembly to exempt certain classes of property from taxation, because reciting that the tax thereby imposed for educational purposes shall be upon "all the property of the county" without making any express provision for the exemption of certain classes of property which under Pol. Code, 1895, secs. 762, 763, are exempt.2 Coleman v. Board of Education of Emanuel

County, 63 S. E., 41; 131 Ga., 643. 249 Hawaii: Authorizing the deposit of territorial moneys in banks in the Territory.

Act 123, Apr. 27, 1909. 250 Hawaii: Providing for the appointment of a school fund commission.

For the revision and betterment of the methods employed in the Territory for the raising and apportionment of school funds. Report not later than June 1, 1910.

Jt. Res. No. 6, p. 217, Apr. 28, 1909. 251 Iowa: Amending sec. 1304, supplement to the Code, 1907, relative to classes of property exempt from taxation.

Chap. 81, Apr. 16, 1909. 252 Iowa: Amending sec. 2812e, supplement to the Code, 1907, relative to the duration of school bonds.

Chap. 183, Apr. 15, 1909. 253 Nevada: Protecting the security of school bonds. Change in boundaries not to release responsibility for bonds.

Chap. 91, Mar. 13, 1909. 254 * New Mexico: Providing for an issue of bonds for common-school purposes, and defining the

purposes for which the money shall be used. Authorizing bond issue of $500,000, and providing for proceedings and conditions of payment.

“Sec. 15. Hereafter there shall be held in each school district in the Territory of New Mexico a term of school of not less than five months in duration, and any such school district that has not within its confines sufficient taxable property, taxed at the maximum allowed by law for school purposes, to produce sufficient revenue for such term of school, shall receive out of the fund herein created, sufficient money, in addition to that raised therein by taxation as herein provided, to enable such district to conduct a school term of five months. It shall be the duty of the school directors, of all such districts, within the Territory, to apply to the Superintendent of Public Instruction for such assistance, such application to be made upon a form prepared by the Attorney General of the Territory, giving among other things the taxable value of all property in such district, the rate levied, the salary paid, or to be paid the teacher, the number of children of school age, the number of school buildings where it is proposed to conduct school, and such other information as may be required either by the Attorney General or the Superintendent of Public Instruction; said application shall be approved by the county superintendent of schools of such county wherein such district is located, before the same is presented to the Superintendent of Public Instruction. If the Board of Trustees approve such application it shall endorse its approval thereon, and shall certify the same to the Auditor of the Territory, together with the amount to be paid thereon, and said Auditor shall draw his warrant on the Treasurer of the Territory, payable out of the fund herein provided for, in favor of such school district, and take credit for the same."

Chap. 7, Feb. 25, 1909.

a For complete text of decision, see“ Recent decisions," at the close of this bulletin.

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