"SEC. 10. The ex-officio member of each of said executive boards shall hold his office during his continuance as president of such institution, and the two members appointed by the governor shall hold office for the term of four years from and after the third Monday in April, 1909, unless sooner removed by the governor or by the state board of education; provided, that of the members of the executive board first appointed under the provisions of this act, one shall be appointed for the term of two years and one for the term of four years. Such members shall qualify by taking and filing their oath of office with the state board of education.

"SEC. 11. The members of each of the executive boards, except the chairman, shall receive such compensation for their services as shall be fixed by the state board of education, not exceeding the sum of five dollars for each day actually spent in the discharge of their official duties, and not exceeding the sum of one hundred and twenty-five dollars in any one year for each member, and such members shall also be reimbursed from the amount appropriated by the legislature for the maintenance and support of such institutions all expenses necessarily incurred by them in the discharge of their official duties as members of said boards.

"SEC. 12. That the term of office of all trustees, directors or members of any executive board or commission of any of the institutions named in this act, heretofore appointed, elected or serving as such trustees, directors or member of such executive boards or commissions, shall terminate upon the appointment and qualification of the members of the executive boards created by this act, and such boards created hereby shall have only such power and authority. as is given under the provisions of this act.

"SEC. 13. The state board of examiners of the state of Montana shall have supervision and control of all expenditures of all moneys appropriated or received for the use of said colleges from any and all sources, other than that received under and by virtue of the acts of congress hereinbefore referred to, and said state board of examiners shall let all contracts, approve all bonds for any and all buildings or improvements, and shall audit all claims to be paid from any moneys, other than that received under and by virtue of the acts of congress herein referred to, but said state board of examiners shall have authority to confer upon the executive boards of such institution such power and authority in contracting current expenses and in auditing, paying and reporting bills for salaries or other expenses incurred in connection with said institution as may be deemed by said state board of examiners to be to the best interests of said institutions.

"SEC. 14. All donations, grants, gifts or devises made to any of the institutions named herein shall be made to such institutions in its legal name, and if made to any officer or boards of such institutions the same shall be immediately transferred by such board or officer to such institution."

63 Nebraska: Repealing, and re-enacting with amendments, sec. 11685, Cobbey's Annotated Statutes, 1907, relative to the salary of the deputy superintendent of public instruction.

Increasing annual salary from $1,500 to $1,800.

Chap. 124, Mar. 20, 1909.

64 Nevada: Proposing amendment to sec. 3, art. 15, constitution, relative to eligibility for office.

Making women eligible to the offices of superintendent of public instruction, deputy superintendent, and notary public. (Formerly school trustee only.) Con. Res. No. 3, p. 349, Mar. 12, 1909.

65 New Mexico: Amending sec. 1, chap. 97, Laws, 1907, relative to the territorial

board of education.

Raising the membership from seven to nine. Two new members not to be teachers by profession; but one, at least, to be a county superintendent at time of appointment. To be appointed during March, 1909.

Sec. 4, chap. 121, Mar. 18, 1909.

66 New Mexico: Amending sec. 11, chap. 97, Laws, 1907, relative to general powers and duties of the superintendent of public instruction.

Requiring superintendent, at request of any county superintendent or school officer, to give his opinion in controversies arising out of construction and interpretation of school laws, and to keep record of decisions. Superintendent may submit statement of facts to attorney general for advice, and it shall be the duty of the attorney general to suggest proper decision forthwith.

Sec. 6, chap. 121, Mar. 18, 1909.

57 New York: Amending chap. 40, Laws, 1904, relative to the university of the State of New York and the department of education.

Number of regents three more than the existing number of judicial districts.
Chap. 1, Feb. 1, 1909.

68 North Carolina: Making the state superintendent of public instruction, ex officio, a trustee of the university.

Chap. 432, Mar. 2, 1909.

C9 North Carolina: Amending sec. 4089, Revisal, 1905, relative to state superintendent.

Authorizing publication of educational bulletins.

Sec. 2, chap. 525, Mar. 5, 1909.

70 North Carolina: Preventing boards of directors of state institutions from electing one of their number to any position under their control.

Chap. 831, Mar. 8, 1909.

71 North Dakota: Fixing salaries of state officers, providing for the payment of personal expenses, and requiring said officers to reside at the capital.

Allowing the state superintendent $750 per year for personal expenses and fixing annual salary at $3,000. Chap. 216, Mar. 8, 1909.

72 South Dakota: Regulating the making of reports of state officers, boards, and institutions to the governor, and the printing of same.

Chap. 290, Mar. 9, 1909. 73 Utah: Amending sec. 2075, Compiled Laws, 1907, relative to the appointment of the board of trustees of the agricultural college and fixing their terms of office. Increasing the membership of board from seven to nine.

74 Vermont: Providing for a state board of education.

Chap. 108, Mar. 22, 1909.

Constituting the governor and superintendent of education, ex officio, and three members appointed by the governor as state board of education. Board to assume powers and duties of board of normal school commissioners (secs. 946, 947, 948, Public Statutes, 1906), and of the board of distribution (sec. 1096, Public Statutes, 1906).

Act. 34, Dec. 14, 1908.

75 * Vermont: Amending sec. 943, Public Statutes, 1906, relating to union school superintendents.

Teachers' examinations to be conducted under the direction of the superintendent of education. Providing for meetings of superintendents with superintendent of education.

Sec. 3, act. 36, Dec. 16, 1908. (July 1, 1909.)

76 * West Virginia: Providing for the government and control of the public institutions by creating a state board of control and a state board of regents; fixing duties, powers, responsibilities, and compensation.

Creating a state board of control of three members, and defining powers and duties; compensation of each member, $5,000 per year.

"SEC. 3. The board of control shall have full power to manage, direct, control and govern the West Virginia asylum, the second hospital for the insane, the West Virginia hospital for the insane, the West Virginia penitentiary, the West Virginia reform school, the West Virginia industrial home for girls, miners' hospital No. 1, miners' hospital No. 2, miners' hospital No. 3 and the schools for the deaf and the blind and such other institutions, except educational, as may hereafter be created by law.

SEC. 4. The board of control shall have charge and control of the financial and business affairs of the West Virginia university, of the preparatory branches of the university at Montgomery, and at Keyser, of the state normal school and its branches, of the West Virginia colored institute and of the Bluefield colored institute and have such other control and management of said institutions as are in this act provided."

"SEC. 13. The state board of control shall prescribe the records to be kept for statistical and other purposes in the several institutions named in sections three and four. It shall require a copy of such record to be transmitted to it for the preceding month, and the board shall keep in its office in a substantially bound book a copy of every report that they may require from the chief officers of any institution; and shall have authority to assemble the chief officers of the institutions or any of them at its office, for the purpose of discussing any question which may be common to their welfare. The actual expenses made necessary in traveling to and from such meeting and while upon its attendance, shall be paid out of the contingent fund of the several institutions. All bills on account of such expenses shall be made and paid as provided in section two of this act."

Creating a state board of regents of five members, including state superintendent of free schools. Annual salary of appointed regents, $1,000.

"SEC. 18. The state board of regents shall have control of the educational departments of the several institutions named in section four, on and after July first, one thousand nine hundred and nine, and the several boards of regents now in charge of said institutions shall have no legal existence after that date. The state board of regents shall have authority to employ the head teacher or president of the university, the head teacher or superintendent of each of the other of said institutions, and the professors, other teachers and other employees of such institutions. They shall fix the compensation of such president, superintendents, professors, teachers and employees, but such compensation and the number of employees, shall be subject to the confirmation of the board of control; or if the board of control shall before the beginning of any year fix the total amount that shall be paid for the year in compensation to such president, superintendents, professors and teachers and employees, then the board of regents shall fix their respective salaries or compensation, but the aggregate thereof shall not exceed the amount fixed by the board of control and in no case shall the amount fixed exceed the appropriation made for the purpose by the legislature.

"All rights and duties heretofore belonging to the boards of regents of the institutions named in section four, which are not in conflict with the provisions of this act, are hereby given to the board of regents hereby created.

"SEC. 19. The state board of regents shall have authority in consultation with the head teacher, and professors and other teachers in each institution named in section four, to prescribe the curriculum or course of study to be pursued therein, and prescribe the text books to be used. The said board may make out and publish rules and regulations to be observed by all of said institutions, and separate rules and regulations for any one of them. The board of regents shall also from time to time establish such departments of education in literature, science, art, agriculture, military tactics and other departments as they may deem expedient, and as the funds for such purposes may warrant, and as the law may permit; also fix the tuition, fees and charges for attending and receiving instructions in any of said departments. The state

board of regents shall meet with the state board of control whenever the state board of control shall notify them of such meeting."

Chap. 58, Feb. 27, 1909. 77 Wisconsin: Amending secs. 237h, 2371, and 237j, Statutes, relating to the state board of immigration.

Making the dean of the college of agriculture and the president of the state board of agriculture members of the board. Chap. 444, June 15, 1909.

78 Wisconsin: Amending subsec. 3, secs. 11-28, sec. 33, and subsecs. 15 and 16, sec. 38, Statutes, relating to the certification of nonpartisan nominees and delegates to national conventions and the order in which their names shall appear on the ballot.

Providing for serial change of order of names on ballots. (Affects election for state superintendent.) Chap. 483, June 16, 1909.

(c) County Boards and Officers.

The three tendencies in recent legislation relative to county control of education noted in the reviews for previous years, (a) higher qualifications and increased compensation for county superintendents, (b) the utilization of the county as the unit for administrative and supervisory control, (c) the organization of county school board conventions, are still to be observed. Idaho (84) and Michigan (89) add themselves to the group of seven States (Minnesota, North Dakota, Oregon, Pennsylvania, South Dakota, Washington, Wisconsin) in which these conventions are now provided for. Missouri (96), by a significant act, definitely provided for county supervision; Georgia (82), for the popular election of county school commissioners; and Tennessee for the slow replacement and a longer term of office for county boards of education.

79 California: Amending sec. 1550, Political Code, 1906, relating to the salaries of deputy school superintendents.

Providing that the compensation of each deputy school superintendent of any county of the first class shall not be less than the minimum received by any high school principal in said county. (Applies to San Francisco (?)) Chap. 231, Mar. 13, 1909. 80 California: Amending sec. 1552, Political Code, 1906, relative to the traveling expenses of county, and city and county superintendents.

Chap. 586, Apr. 14, 1909.

D. 81 Georgia (1909): Pol. Code, 1895, sec. 223, does not render a person holding the office of county treasurer and members of a board of education ineligible as aldermen of a city in the same county.-Long v. Rose, 64 S. E., 84.

82 * Georgia: Providing for the election of the county school commissioners of the various counties by the electors of each county.

Act 252, p. 154, Aug. 16, 1909.

D. 83 Idaho (1909): The word "qualification," as used in Const., art. 18, sec. 6, which provides that the qualifications of the county superintendent of public instruction shall be fixed by law, means educational equipment or attainment.Bradfield v. Avery, 102 P., 687.

84 *Idaho: Authorizing boards of trustees of common school and independent school districts to pay the expenses of one of their members incurred in attendance upon meetings of school officers called by the county superintendent.

"SECTION 1. That the Board of Trustees of every common school district and the Board of Education of every Independent school district are authorized to select one of their members to attend any meeting called by the County Superintendent for the purpose of general instruction, and are authorized to defray the expenses of such member, in an amount not to exceed the sum of three dollars ($3.00) per diem, and three cents (3 c.) per mile going to and from such meeting, such expense to be paid for from the general fund of the district: Provided, That such allowance shall not be for more than two (2) days in any one year."

H. B. No. 13, p. 19, Feb. 20, 1909.

D. 85 Kentucky (1909): Where a county fiscal court illegally reduced a county superintendent's salary during his term, his acceptance of the reduced amount did not prevent his recovery of the balance after his term had expired.— Breathitt County v. Noble, 116 S. W., 777.

D. 86 Kentucky (1909): Stat. 1909, sec. 4419, provides that the salary of the county school superintendent shall be annually allowed by the fiscal court, and Const., secs. 161, 235, prohibits the changing of the salary of an officer after his election or during his term of office. Held, that where, after plaintiff was elected superintendent for a four-year term, he was allowed for the first nine months of the term a salary fixed at 15 cents for each child, such order operated to establish plaintiff's salary rate for the remainder of his term, and precluded the fiscal court from thereafter changing it to a flat rate.-Breathitt County v. Noble, 116 S. W., 777.

D. 87 Kentucky (1909): Under Stat. 1909, sec. 4419, regulating salaries of county school superintendents, it is the duty of the fiscal court to fix the salary to be allowed a superintendent before the beginning of his term; but, if it is not so fixed, it may be fixed thereafter, and when fixed, cannot be changed during his term of office.--Breathitt County v. Noble, 116 S. W., 777.

D. 88 Kentucky (1909): Act of March 24, 1908 (Acts, 1908, p. 133, chap. 56; Ky. Stat. 1909, sec. 4426a), regulating schools and school districts, vests the power to establish school districts for white and colored children in the sound discretion of the county boards.-Prowse v. Board of Education for Christian County, 120 S. W., 307.

89 *Michigan: Authorizing the county commissioner of schools in each county to call a meeting of the school officers of the county.

"SEC. 1. Each county commissioner of schools in the State of Michigan shall call a meeting of the school officers of his county at least once in each year, said meeting to be held at the county seat or some other convenient place in the county for the purpose of consultation, advice and instruction upon matters pertaining to the management and welfare of the public schools of the county. The call for said meeting shall include every board of education in the county, whether rural or city.

"SEC. 2. The director or secretary of each school board or board of education shall attend such meeting and the other members of each board of education may attend. One member of the school board or board of education who attends such meeting shall be allowed and paid two dollars per day and actual traveling expenses going to and returning from said meeting, said sum to be paid from the general fund in the treasury of the school district. The county commissioner of schools shall issue to each member in attendance a certificate of attendance which shall be filed with the director or secretary of the board, and when filed shall serve as a basis of evidence for drawing the order for compensation and expenses of one member of the board.

SEC. 3. It shall be the duty of the Superintendent of Public Instruction to assist the county commissioner of schools in conducting said meeting of school officers, and he shall attend said meeting either in person or by representative." Act 112, May 19, 1909. 36582-10

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