418 Georgia: Authorizing the proper county authorities in all counties having therein a city with a population of not less than 54,000 population and not more than 75,000 inhabitants to raise by taxation for educational purposes a sum sufficient to pay for material used in the construction of any school building. Act 103, p. 181, Aug. 10, 1909.

419 Georgia: Amending act 159, Acts, 1905, relative to the creation and operation of local tax district schools, and to the levy and collection of local tax by counties for educational purposes.

Provisions established.

concerning elections to abolish local tax districts when once Act 224, p. 159, Aug. 14, 1909.

D. 420 Georgia (1908): The act approved August 21, 1906 (Acts, 1906, p. 61), in amendment of the act approved August 23, 1905 (Acts, 1905, p. 425), providing for the creation and operation of local tax district schools, is not invalid because not directly imposing the tax, but authorizing a submission of whether it shall be imposed in any county or district to the people, as the legislature has power to enact a law which shall become effective upon a vote of the people at an election. Coleman v. Board of Education of Emanuel County, 63 S. E., 41; 131 Ga., 643.

D. 421 Illinois: Peoria Special City Charter, chap. 13, relates to the subjects of public schools and the board of school inspectors, and section 8 of said chapter confers upon the board of school inspectors the power to "establish, support, and maintain public schools for all children of the city and determine the rate of taxation for school purposes in the manner hereinafter provided." Section 12 of said chapter provides that the board of inspectors shall determine the amount of money which will be required to be raised by taxation for the support of the public schools for the ensuing year, and notify the city council of the rate to be levied and collected for that purpose, not exceeding the rate authorized by the charter, and the amount so reported to the council shall be levied and collected as other city taxes, and, when collected, shall be paid over to the treasurer of the board. Held, that the power to fix the rate levied rests with the board of school inspectors, and that the city council is bound to levy such sum for taxes for educational purposes as the board of inspectors of the city fixes, not exceeding the statutory limit of such taxation.—(1908) People v. City Council of Peoria, 139 Ill. App. 488, transferred from the supreme court (1907), 82 N. E., 225; 229 Ill., 225.

422 Iowa: Amending sec. 2806, supplement to the Code, 1907, increasing the amount that may be levied for the contingent fund in a school district.

Increasing the levy for contingent fund from $5 to $7 per person of school age, and for the teachers' fund from $15 to $20 per person of school age.

Chap. 182, Apr. 15, 1909.

D. 423 Kansas (1909): Where under Gen. Stat., 1901, secs. 6127, 6172, 6191, the electors of a school district, at a regular annual school meeting, vote a tax at a rate authorized by law, and such as the meeting deems sufficient for the various school purposes, and the district clerk certifies the amount so voted to the county clerk, this constitutes the levy of a school tax at such rate on all the real and personal property in the district.-School Dist. No. 127 of Reno County v. School Dist. No. 45, 103 P., 126.

D. 424 Kansas (1909): A mistake of the county clerk in extending upon the tax rolls an assessment against the property in a school district at a less rate than that levied at the annual school meeting, and certified by the county clerk, does not deprive the school district of the aggregate sum collected through such erroneous assessment.-School Dist. No. 127 of Reno County v. School Dist. No. 45, 103 P., 126.

425 Kansas: Providing for depositories in which shall be kept the funds of cities of the second and third classes, and also the school funds of the board of education of cities of the second class and of school districts in which there is a city of the third class.

Chap. 89, Mar. 12, 1909. 426 Kansas: Concerning assessment and taxation; limiting the levy of taxes in the several taxing districts of the State; prescribing penalties for violation. Chap. 245, Mar. 5, 1909.

D. 427 Kentucky (1909): Laws, 1908, p. 156, chap. 61, providing a minimum school tax rate of 36 mills for cities of the second class, is not in violation of const., sec. 59, subsec. 15, prohibiting the passage of local or special acts to authorize or regulate taxation.-City of Louisville v. Commonwealth, 121 S. W., 411.

D. 428 Kentucky (1909): Act of March 24, 1908 (Acts, 1908, p. 133, chap. 56; Ky. St., 1909, sec. 4426a), regulating public schools, is not unconstitutional in that it requires the fiscal court to make a levy sufficient to raise the sum found necessary by the board of education, since, in obeying the constitutional mandate to provide an efficient school system, the legislature must necessarily have the discretion of choosing its own agencies and conferring on them the powers deemed by it essential to accomplish the required end.-Prowse v. Board of Education for Christian County, 120 S. W., 307.

429 Maine: Amending sec. 13, chap. 15, Revised Statutes, 1903, as amended by chap. 111, Laws, 1907, relative to school taxes.

Raising minimum town tax from 55 to 80 cents for each inhabitant.

Chap. 128, Mar. 24, 1909. (Jan. 1, 1910.)

430 Massachusetts: Relating to appropriations for the support of the public schools of the city of Boston.

Chap. 388, May 14, 1909.

431 Minnesota: Amending chap. 133, Laws, 1907, providing that officers of school districts may designate depositories for school district moneys and requiring the deposit of school district moneys in such depositories, and exempting school district treasurers from liability for such deposits.

Chap. 332, Apr. 21, 1909.

432 Minnesota: Amending sec. 1414, chap. 14, Revised Laws, 1905, relative to school taxes.

Increasing maximum school levy from $300 to $400 in districts having less than 10 voters. Chap. 458, Apr. 23, 1909.

D. 433 Nebraska (1909): In directing the county superintendent of instruction to furnish the county clerk with the data for a levy, when a school district refuses to vote taxes for free high school purposes, the free high school act of 1907 (Sess. Laws, p. 402, chap. 121) does not delegate to the superintendent a taxing power exclusively committed to school districts under Const., art. 9, sec. 6, providing that all municipal corporations may be vested with authority to assess and collect taxes.-Wilkinson v. Lord, 122 N. W., 699.

434 New Hampshire: Amending secs. 2 and 8, chap. 88, Public Statutes, 1901, relative to the raising of school taxes.

Chap. 52, Mar. 10, 1909.

D. 435 New Jersey (1907): The school law of 1903 (P. L., p. 5) is not unconstitutional because it creates a local appointive board of estimate, with power to fix the amount to be raised by taxation.-In re Newark School Board, 70 A., 881.

436 New York: Amending secs. 381 and 383, chap. 21, Laws, 1909, relative to the assessment of real estate for school district taxes.

Chap. 415, May 20, 1909.

437 North Carolina: Amending sec. 4115, Revisal, 1905, relative to special taxes in special school districts.

Additional provisions concerning second elections, elections for revocation and increase. Sec. 4, chap. 525, Mar. 5, 1909.

D. 438 North Carolina (1908): A special school district created under Revisal, see sec. 4115, may levy a tax on the poll, when submitted to and approved by the qualified voters thereof in an election duly held, in excess of $2, under the provisions of Article VII of the state constitution. The equation between the property and the poll tax established by Article V, sec. 1, and the restriction that the state and county tax combined shall never exceed $2 on the poll, applies only to state and county taxation, and not to municipal or quasi public corporations other than counties.-Perry v. Commissioners of Franklin County, 114 N. C., 521.

439 South Dakota: Fixing the limit of the rate of taxation in school districts having within their boundaries incorporated cities.

Limit of taxation to be the same as for independent districts.

Chap. 87, Feb. 25, 1909.

440 Texas: Proposing amendment to the constitution relative to the formation and taxing power of school districts.a

Increasing maximum limit of local tax levy in school districts from 20 to 50 cents on the $100 valuation.

Adopted, August, 1909.

H. Jt. Res. No. 6, p. 250,

1909.

441 *Texas: Putting into effect the constitutional amendment adopted November, 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. 154, relating to the issuance of bonds and taxation for school purposes in incorporated school districts. Increasing maximum limit of annual school tax from 25 to 50 cents on the $100 valuation.

Chap. 12, p. 21, Feb. 18, 1909.

442*Texas: Putting into effect the constitutional amendment adopted November, 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.

Maximum

Amending sec. 57, relating to the levy of special tax for school purposes. Majority (formerly two-thirds) of the qualified tax-payers voters. tax 50 cents (formerly 20 cents) on the $100 valuation.

Amending sec. 58 (as amended by chap. 83, Acts, 1907), and secs. 59, 60, 61, 65, and 66, relating to the procedure for levying special district school tax. Chap. 12, pp. 18-20, Feb. 18, 1909.

443 Wisconsin: Amending sec. 539, Statutes, relative to school taxes.

Secretary of board of directors to certify estimated tax, whenever town electors fail to vote sufficient fund to maintain a school term of eight (formerly seven) months.

Chap. 104, May 11, 1909.

36582-10-7

a See Parks v. West, 111 S. W., 726.

D. BUILDINGS AND SITES.

(a) General.

The most obvious evidence of the expansion and growth of public education is to be found in the number of legislative measures intended to provide readier means and larger resources for securing better and adequate material school accommodations. With few exceptions these measures have been included under the heading of local bonds and indebtedness. The omission of legislation of a special and local character from the present classification does not permit detailed presentation of the very large number of measures enacted in the Southern States authorizing the levying of taxes or the contraction of indebtedness by particular communities for the purpose of building and equipping new public schools. In fact, though, the latter measures are in themselves a sign of the energy and enthusiasm with which the South is attacking its educational problem. All this has significance of national rather than state import.

The utilization of the school buildings for other than the commonly accepted public school purposes gave rise during the biennium to several decisions and enactments indicative of the opportunities for the wider usefulness of the school plant; and, also, some of the obstacles thereto. (Missouri, D. 452, 453; Oregon, 458; South Dakota, 460.)

444 Alabama: Amending sec. 1989, Code, 1907, relative to the payment of funds to district trustees for erection and repair of public schoolhouses.

Act 57, p. 44, Aug. 20, 1909 (sp. sess.). 445 * Arkansas: Authorizing school districts to exercise the power of eminent domain and to take and use private property for school purposes.

Act 331, May 31, 1909.

446 *Hawaii: Amending sec. 491, Revised Laws, 1905, relating to the taking of private property for public purposes.

purposes.

Adding "schools and school recreation grounds" to the list of enumerated Act 10, Mar. 5, 1909. 447 *Hawaii: Amending sec. 9, act 39, Laws, 1905, relating to general powers, liabilities, and limitations of counties.

Adding provisions regarding maintenance of enumerated public works and buildings. Special provisions concerning maintenance and repair of existing schoolhouses. Act 100, Apr. 21, 1909. (July 1, 1909.)

448 *Hawail: Amending subsec. 7, sec. 23, act 118, Laws, 1907, relating to the powers of the board of supervisors of the city and county of Honolulu. Providing for the establishment and maintenance of water works and sewer works; and for the building and maintenance of buildings for enumerated public purposes, including schools.

Act 101, Apr. 21, 1909. (July 1, 1909.)

*

D. 449 Illinois: Under the statutory power to "grant the temporary use of schoolhouses when not occupied by schools * * for such meetings as the directors may deem proper," they could let the premises to fraternal societies, the lodges being tenants at sufferance, and subject to ouster whenever the directors so willed. (1908) Lagow v. Hill, 143 Ill. App., 523, judgment affirmed (1909), 87 N. E., 369.

450 Kansas: Conferring upon the boards of education of all cities of the first and second class and school districts in which is located a city of the third class and boards of trustees of county high schools the right of eminent domain.

Chap. 86, Mar. 5, 1909. 451 Michigan: Amending sec. 4729, Compiled Laws, 1897, relative to sites for schoolhouses.

Act 232, June 2, 1909.

D. 452 Missouri (1909): Under Rev. Stat., 1899, sec. 9763 (Ann. Stat., 1906, p. 4477), authorizing the use of the schoolhouses for literary, etc., purposes on the demand by a majority of the voters at an annual meeting, and providing that, if the persons so using a schoolhouse fail to keep it clean, etc., the directors may refuse further use, etc., where such use was voted, the members of a literary society could unlock the door and enter the building, though the key used was not procured from one authorized by the board to deliver it; the board being authorized to interfere with the use only for the society's failure to keep the house clean, etc.-State v. Kessler, 117 S. W., 85.

453 Missouri: Amending sec. 9763, chap. 154, art. 1, Revised Statutes, 1899, relative to the care of school property.

Authorizing the use of schoolhouse and school premises (formerly schoolhouse), for religious, literary, or other public purpose or for the meeting of any farmer or labor organization or society for educational purposes. Majority vote at district meeting necessary.

P. 826, May 6, 1909.

454 New Jersey: Amending sec. 84, Acts, 1903 (sp. sess.), relative to corporate character of each board of education.

Vesting title to school property in board of education.

Chap. 174, Apr. 19, 1909.

455 North Dakota: Amending sec. 830, Revised Codes, 1905, relating to schoolhouse sites.

Increasing maximum area from 2 to 5 acres.

Chap. 202, Mar. 11, 1909.

456 Ohio: Amending sec. 3990, Revised Statutes, allowing a board of education to file an accurate plat and description of the parcel of land sought to be condemned in the insolvency court.

S. B. 9, p. 20, Mar. 15, 1909 (sp. sess.). 457 Ohlo: Providing for the purchase of a certain school site in the village of Collinwood, Cuyahoga County, for the purpose of establishing and maintaining thereon a memorial building and park.

H. B. 140, p. 24, Mar. 12, 1909 (sp. sess.).

458 Oregon: Giving the board of directors power and authority to use county school rooms and schoolhouses for all proper purposes and neighborhood gatherings under certain restrictions.

"SEC. 1. A district school board may at its discretion permit a schoolhouse, when not occupied for school purposes, to be used under careful restrictions for any proper purpose, giving equal rights and privileges to all religious denominations or political parties, but for any such use or privilege it shall not be at the cost of fuel or otherwise to the district. No dancing shall be permitted in any school room. Nor shall any furniture which is fastened to the floor be removed, and whoever removes any school furniture for any other