Sec. 3 Required attendance upon instruction. Every Indian child between six and sixteen years of age, in proper physical and mental condition to attend school, shall regularly attend upon instruction at a school in which at least the common school branches of reading, spelling, writing, arithmetic, English grammar and geography are taught, or upon equivalent instruction by a competent teacher elsewhere than at such school, as follows: Every Indian child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service, and every such child between six and fourteen years of age, shall so attend upon instruction as many days annually during the period between the first days of September and the following July as a public school of the community or district of the reservation, in which such child resides, shall be in session during the same period. If any such child shall so attend upon instruction elsewhere than at the public school, such instruction shall be at least equivalent to the instruction given to Indian children of like age at a school of the community or district in which such child resides; and such attendance shall be for at least as many hours of each day thereof, as are required of children of like age at public schools and no greater total amount of holidays and vacations shall be deducted from such attendance during the period such attendance is required than is allowed in such public schools for children of like age. Occasional absences from such attendance, not amounting to irregular attendance in the fair meaning of the term, shall be allowed upon such excuses only as would be allowed in like cases by the general rules and practices of such public schools.

Sec. 4 Duties of persons in parental relation to Indian Children. Any person in parental relation to an Indian child between six and sixteen years of age in proper physical and mental condition to attend school, shall cause such child to so attend upon instruction, or shall present to the superintendent of Indian schools of the Allegany and Cattaraugus reservations proof by affidavit that he is unable to compel such child to so attend. A violation of this section shall be a misdemeanor, punishable for the first offense by a fine not exceeding five dollars or by imprisonment not exceeding ten days, and for each subsequent offense, by a fine not exceeding twenty-five dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment. Courts of special sessions shall, subject to removal, as provided in sections fifty-seven and fifty-eight of the code of criminal procedure, have exclusive jurisdiction in the first instance to hear, try and determine charges of violations of this section within their respective jurisdictions.

Sec. 5 Persons employing Indian children unlawfully to be fined. It shall be unlawful for any person, firm, association or corporation to employ any Indian child residing on the Cattaraugus or Allegany reservations between six and fourteen years of age, in any business or service whatever, during any part of the term during which the school in the community or district in which such child resides is in session, or to employ any Indian child residing on either of said reservations between fourteen and sixteen years of age, who does not, at the time of such employment present a consent in writing signed by the superintendent of the Indian schools on said reservations to the effect that such child may be employed, and specifying the nature of the service and the duration of such service or employment; and any person, firm, association or corporation who shall employ any Indian child contrary to the provisions of this section shall for each offense forfeit and pay to the superintendent of Indian schools of the Allegany and Cattaraugus reservations a penalty of twenty-five dollars, the same, when paid, to be used for the support and maintenance of the schools on said reservations.

Sec. 6 Teachers record of attendance. An accurate record attendance of all Indian children between six and sixteen years of age shall be kept by the teacher of every Indian school, showing each day, by the year, month, day of the month and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction such Indian child shall attend elsewhere than at the

school in the community or district of the reservation where he resides, shall keep a like record of such attendance. Such record shall at all times be open to the superintendent of Indian schools on said reservations and to such persons, as he may designate as attendance officers, who may inspect or copy the same, and any such teacher shall answer all inquiries lawfully made by such superintendent or attendance officer or other persons; and a willful neglect or refusal to keep such a record or answer any such inquiry shall be a misdemeanor.

Sec. 7 Attendance officers. The superintendent of the Indian schools on the Allegany and Cattaraugus reservations shall supervise the enforcement of this act within said reservations, and he shall appoint and may remove at pleasure such number of attendance officers as the superintendent of public instruction shall deem necessary, whose jurisdiction shall extend over all school districts on the reservation for which they shall be appointed, and he shall prescribe their duties, not inconsistent with this act and may make rules and regulations for the performance thereof. And said superintendent is also vested with the same power and authority as the attendance officers appointed by him.

He

Sec. 8 Arrest of truants. Any attendance officer may arrest without warrant anywhere within the state, any Indian child between six and sixteen years of age, found away from his home, and who is then a truant from instruction upon which he is lawfully required to attend within the district or districts of which such attendance officer has jurisdiction. shall forthwith deliver a child so arrested either to the person in parental relation to the child, or to the teacher of the school from which said child is then a truant, or in case of habitual or incorrigible truants, shall bring them before a magistrate for commitment to a truant school, as provided the next section.

Sec. 9 Superintendent to contract for keeping of truants. The superintendent of Indian schools on the Allegany and Cattaraugus reservations may contract with any city or district having a truant school, for the confinement, maintenance and instruction therein of any child who shall be committed to such school as a truant by any magistrate before whom such child shall have been examined upon the charge of truancy. The costs and expenses attending the support and maintenance of any truant, as herein provided shall be audited by the department of public instruction and paid in the same manner as the expenses of supporting and maintaining the schools on said reservations are paid.

Sec. 10 Enumeration. The superintendent of Indian school on said eservations, shall in the year nineteen hundred, and in each succeeding fifth year thereafter, make a complete enumeration of the Indian inhabitants on each of said reservations; such enumeration shall be made between the first day of May, and the first day of August and shall be tabulated by said superintendent, and such tabulation shall show the name and age of each Indian person on said reservations, and shall show in what school district each of such persons reside. Such superintendent shall designate in such tabulation, the district in which each Indian child of school age shall be required to attend school.

Sec. 11 Payment of services herein required. The superintendent of Indian schools on the Allegany and Cattaraugus reservations shall be entitled to receive the sum of three dollars per day, in addition to the salary now paid to such superintendent, for each day necessarily spent by him in enforcing the provisions of this act, and also for each day necessarily spent in making the enumeration of the reservations and tabulating the same, together with his necessary expenses while employed in enumerating and tabulating the same and in enforcing the provisions of this act. Each of the attendance officers herein provided for shall receive such sum per day as shall be fixed by said superintendent of Indian schools for each day necessarily employed in enforcing this act, but the amount so expended for such attendance officers shall not exceed the sum of three hundred dollars in any one year; and each person employed by said superintendent to assist him in taking and tabulating the census of the residents of said reservations, shall be entitled to such compensa

tion as he shall contract for with said superintendent of said schools, not exceeding two dollars per day together with necessary expenses. The entire expense in taking the enumeration herein provided for, shall not exceed the sum of two hundred dollars, and shall be presented to and audited by the superintendent of public instruction, and paid in the same manner as other accounts for the support and maintenance of the schools on said reservations are now paid.

Sec. 12 This act shall take effect May first, nineteen hundred.

CHAP. 492, LAWS OF 1900

AN ACT to secure equal rights to colored children in the state of New York, and to repeal section twenty-eight, article eleven, title fifteen, of chapter five hundred and fifty-six of the laws of eighteen hundred and ninety-four, entitled, "The consolidated school law

Became a law, April 18, 1900, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1 No person shall be refused admission into or be excluded from any public school in the state of New York on account of race or color.

Sec. 2 Section twenty-eight, article eleven, title fifteen of chapter five hundred and fifty-six of the laws of eighteen hundred and ninety-four. which reads as follows: "The school authorities of any city or incorporated village the schools of which are or shall be organized under title eight of this act, or under special act, may, when they shall deem it expedient, establish a separate school or separate schools for instruction of children and youth of African descent, resident therein, and over five and under twenty-one years of age; and such school or schools shall be supported in the same manner and to the same extent as the school or schools supported therein for white children and they shall be subject to the same rules and regulations, and be furnished facilities for instruction equal to those furnished to the white schools therein," is hereby repealed. Sec. 3 This act shall take effect on the first day of September, nineteen hundred.

CHAP. 188, LAWS OF 1901

AN ACT to provide for the compulsory education of Indian children on the Onondaga reservation

Became a law. March 25, 1901, with the approval of the Governor. Passed. three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1 Short title. This chapter shall be known as the compulsory education law for the Onondaga Indian reservation.

Sec. 2

Deficiencies. The term person, in parental relations to an Indian child, includes the parents, guardians or other persons, whether one

*So in the original.

or more, lawfully having the care, custody or control of such child. An Indian child under sixteen years of age required by the persons in parental relations to such child to attend upon lawful instruction at a school or elsewhere upon which such child is entitled to attend, is lawfully required to attend such school. An Indian child between six and sixteen years of age, who is required by law to attend upon instruction, and is required by the persons in parental relations to such child, to attend upon lawful instruction at a school or elsewhere upon which such child is entitled to attend, is lawfully required to attend upon such instruction, and if not required by the persons in parental relation to such child to attend upon any instruction, is lawfully required to attend a school on the reservation, upon which such child shall reside.

Sec. 3 Required attendance upon instruction. Every Indian child between six and sixteen years of age, in proper physical and mental condition to attend school, shall regularly attend upon instruction at a school in which at least the common school branches of reading, spelling, writing, arithmetic, English grammar and geography are taught, or upon equivalent instruction by a competent teacher elsewhere than at such school, as follows: Every Indian child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service, and every such child between six and fourteen years of age, shall so attend upon instruction as many days annually during the period between the first days of September and the following July as a public schcol of the community or district of the reservation, in which such child resides, shall be in session during the same period. If any such child shall so attend upon instruction elsewhere than at the public school, such instruction shall be at least equivalent to the instruction given to Indian children of like age at a school of the community or district in which such child shall reside; and such attendance shall be for at least as many hours of each day thereof, as are required of children of like age at public schools and no greater total amount of holidays and vacations shall be deducted from such attendance during the period such attendance is re'quired than is allowed in such public schools for children of like age. Occasional absences from such attendance, not amounting to irregular attendance in the fair meaning of the term, shall be allowed upon such excuses only as would be allowed in like cases by the general rules and practices of such public school.

Sec. 4 Duties of persons in parental relation to Indian Children. Any person in parental relation to an Indian child between six and sixteen years of age in proper physical and mental condition to attend school, shall cause such child to so attend upon instruction, or shall present to the superintendent of Indian schools of the Onondaga reservation proof by affidavit that he is unable to compel such child to so attend. A violation of this section shall be a misdemeanor, punishable for the first offense by a fine not exceeding five dollars or by imprisonment not exceeding ten days, and for each subsequent offense, by a fine not exceeding twentyfive dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment. Courts of special sessions shall, subject to removal, as provided in sections fifty-seven and fifty-eight of the code of criminal procedure, have exclusive jurisdiction in the first instance to hear, try and determine charges of violations of this section within their respective jurisdictions.

Sec. 5 Persons employing Indian children unlawfully to be fined. It shall be unlawful for any person, firm, association or corporation to employ any Indian child residing on the Onondaga reservation between six and fourteen years of age, in any business or service whatever, dur ing any part of the term during which the school in the community or district in which such child resides is in session, or to employ any Indian child residing on said reservation between fourteen and sixteen years of age, who does not, at the time of such employment present a consent in writing signed by the superintendent of the Indian schools on said reservation to the effect that suen child may be employed, and specifying the nature of the service and the duration of such service or employ

ment; and any person, firm, association or corporation who shall employ any Indian child contrary to the provisions of this section shall for each offense forfeit and pay to the superintendent of Indian schools of the Onondaga reservation a penalty of twenty-five dollars, the same, when paid, to be used for the support and maintenance of the schools on said reservation.

Sec. 6 Teachers' record of attendance. An accurate record attendance of all Indian children between six and sixteen years of age shall be kept by the teacher of every Indian school, showing each day, by the year, month, day of the month and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction such Indian child shall attend elsewhere than at the school in the community or district of the reservation where he resides, shall keep a like record of such attendance. Such record shall at all times be open to the superintendent of the Indian schools on said reservation and to such persons, as he may designate as attendance officers, who may inspect or copy the same, and any teacher shall answer all inquiries lawfully made by such superintendent or attendance officer or other persons; and a willful neglect or refusal to keep such a record or answer any such inquiry shall be a misdemeanor.

Sec. 7 Attendance officers. The superintendent of the Indian schools on the Onondaga reservation shall supervise the enforcement of this act within said reservation, and he shall appoint and may remove at pleasure such number of attendance officers as the superintendent of public instruction shall deem necessary, whose jurisdiction shall extend over all school districts on the reservation for which they shall be appointed, and he shall prescribe their duties, not inconsistent with this act and may make rules and regulations for the performance thereof. And said superintendent is also vested with the same power and authority as the attendance officers appointed by him.

Sec. 8 Arrest of truants. Any attendance officer may arrest without warrant anywhere within the state, any Indian child between six and sixteen years of age, found away from his home and who is then a truant from instruction upon which he is lawfully required to attend within the district or districts of which such attendance officer has jurisdiction. He shall forthwith deliver a child so arrested either to the person in parental relation to the child, or to the teacher of the school from which said child is then a truant, or in case of habitual or incorrigible truants, shall bring them before a magistrate for commitment to a truant school, as provided in the next section.

Sec. 9 Superintendent to contract for keeping of truants. The superintendent of Indian schools on the Onondaga reservation may contract with any city or district having a truant school, for the confinement, maintenance and instruction therein of any child who shall be committed to such school as a truant by any magistrate before whom such child shall have been examined upon the charge of truancy. The costs and expenses attending the support and maintenance of any truant, as herein provided shall be audited by the department of public instruction and paid in the same manner as the expenses of supporting and maintaining the schools on said reservation are paid.

Sec. 10 Enumeration. The superintendent of Indian schools on said reservation shall in the year nineteen hundred one, and in each succeeding fifth year thereafter, make a complete enumeration of the Indian inhabitants on said reservation; such enumeration shall be made between the first day of May and the first day of August and shall be tabulated by said superintendent, and such tabulation shall show the name and age of each Indian person on said reservation, and shall show in what school district each of such persons reside. Such superintendent shall designate in such tabulation, the district in which each Indian child of school age shall be required to attend school.

Sec. 11 Payment of services herein required. The superintendent of Indian schools on the Onondaga reservation shall be entitled to receive the sum of three dollars per day, in addition to the salary now paid to