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§ 4. It shall be the duty of the said State Superintendent of Public Instruction

First-To keep an office at the seat of government of the State.

SecondTo file all papers, reports and public documents transmitted to him by the school officers of the several counties, each year separately.

Third-To keep and preserve all other public documents, books and papers relative to schools, coming into his hands as State Superintendent, and to hold the same in readiness to be exhibited to the Governor, or to any committee of either house of the General Assembly.

Fourth-To keep a fair record of all matters pertaining to the business of his office.

Fifth--To pay over, without delay, all sums of money which may come into his hands by virtue of his office, to the officer or person entitled to receive the same, in such manner as may be prescribed by law.

Sixth-To counsel and advice, in such manner as he may deem most advisable, with experienced and practical school teachers, as to the best manner of conducting common schools.

Seventh-To supervise all the common and public schools in the State.

Eighth-To be the general adviser and assistant of county superintendents of schools in this State.

NinthTo address circular letters to county superintendents, from time to time, as he shall deem for the interests of schools, giving advice as to the best manner of conducting schools, constructing school houses, furnishing the same, examining and procuring competent teachers.

TenthTo on or before the 1st day of November preceding each regular session of the General Assembly, report to the Governor the condition of the schools in the several counties of the State; the whole number of schools which have been taught in each county in each of the preceding years, commencing on the 1st day of July; what part of said number have been taught by males exclusively, and what part by females exclusively; what part of said whole number have been taught by males and females at the same time, and what part by males and females at different periods; the number of scholars in attendance at said schools; the number of persons in each county under 21 years of age, and the number of such persons between the ages of 12 and 21 years that are unable to read and write; the amount of township and county funds; the amount of the interest of the State or common school fund, and of the interests of the township and county fund annually paid out; the amount raised by an ad valorem tax, the whole amount annually expended for schools; the number of school houses, their kind and condition; the number of townships and parts of townships in each county; the number and description of books and apparatus purchased for the use of schools and school libraries under the provisions of this act, the price paid for the same, the total amount purchased, and what quantity and how distributed, the number and condition of the libraries, together with such other information and suggestions as he may deem important in relation to the school laws, schools and the means of promoting education throughout the State; which report shall be laid before the General Assembly at each regular session.

Eleventh-To make such rules and regulations as may be necessary and expedient to carry into efficient and uniform effect the provisions of this act, and of all the laws which now are or may hereinafter be in force for establishing and maintaining free schools in this State.

TwelfthTo be the legal adviser of all school officers, and when requested by any such school officers, to give his opinion in writing upon any question arising under the school laws of this State.

1. The school law now in force makes the Superintendent of Public Instruction, the legal adviser of all school officers, and also makes it his duty, when requested by any such officer, to give his opinion in writing upon any question arising under the school laws of the State. Powell v. Board of Educution, 97-375;

Thirteenth-To hear and determine all controversies arising under the school laws of this State, coming to him by appeal from a county superintendent, upon a written statement of facts certified by the county superintendent.

Fourteenth-To receive and file all proper reports made to him from time to time by the several county superintendents of this State as required by article 2 of this act.

Fifteenth-To grant State certificates to such teachers as may be found worthy to receive them, as provided for in section 2 of article 7 of this act.

Sixteenth-To be ex officio a member of the board of trustees of the University of Illinois and of the Southern Normal University.

Seventeenth-To be ex officio a member of the Board of Education of the State of Illinois, and to act as secretary thereof.

Eighteenth-To report to the General Assembly of Illinois, at its regular sessions, the condition and expenditures of the Normal University, and such other information as may be directed by the Board of Education of the State of Illinois or by the General Assembly of this State.

Nineteenth-To visit such of the charitable institutions of this State as are educational in their character, and to examine their facilities for instruction, and to prescribe forms for such reports as he may desire from the superintendents of such charitable institutions.

$5. The said State Superintendent of Public Instruction shall be clothed with the following powers:

First-To direct and cause the county superintendent of any county, directors or boards of trustees or township treasurer of any township, or other school officer, to withhold from any officer, township, district or teacher, any part of the common school, or township, or other school fund, until such officer, township treasurer or teacher shall have made all schedules, reports and returns required of him by this act, and until such officers shall have executed and filed all

official bonds and accounted for all common school or township or other school funds which have heretofore come into his hands, as required of him by this act.

SecondTo require the several county superintendents of this State to furnish him with such information relating to their several offices as be may desire to embody in his report to the General Assembly of this state.

ThirdTo require the board of trustees of each township in this State to make, at any time he may desire, a report similar to the report, required to be made by such trustees, on or before the 15th day of July, preceding each regular session of the General Assembly of this State, as provided for in section 28 of article 3 of this act.

Fourth-Upon the recommendation of the county superintendent, or for good and sufficient reasons, to remit the forfeiture of the school fund by any township which may have failed to make the reports required by law.

Fifth-To determine and designate the particular statistics relating to schools which the inferior officers shall report to the county superintendeut for the use of his office.

Sixth--To authorize the several county superintendents to procure such assistance as may be necessary to conduct county teachers' institutes for not less than five days in each year.

Seventh-To require annual reports from the authorities of incorporated towns, townships, cities or districts holding schools by authority of special charters to the same extent as regular school officers are or may be required to make such reports.

EighthTo require the president, principal or other proper officer of every organized university, college, seminary, academy or other literary institution, whether incorporated or unincorporated, or hereafter to be incorporated in this State, to make out such report as he may require in order that he may lay before the General Assembly a fair and full exhibit of the affairs and conditions of such institutions and of the educational resources of the State.

NinthTo require the Auditor of Public Accounts to withhold from the county superintendent of any county the amount due any such county for its share of the interest on State school fund, or said county superintendent for his per diem compensation, until the report provided for in section 17 of article 2 of this act shall have been furnished as therein required.

$ 6. The said State Superintendent of Public Instruction shall not be interested in the sale, proceeds or profits of any book, apparatus or furniture used, or to be used, in any school in this State, and for offending against the provisions of this section shall be liable to indictment, and upon conviction shall be fined in a sum not less than twenty-five nor more than five hundred dollars, and may be imprisoned in the county jail not less than one month nor more than 12 months, at the discretion of the court.

ARTICLE II.

COUNTY SUPERINTENDENTS.

SS.

SECTION 1. On Tuesday next after the first Monday in November, A. D. 1890, and quadrenially thereafter, there shall be elected by the qualified voters of every county in this State a county superintendent of schools, who shall perform the duties required by law, and shall enter upon the discharge of his duties on the first Monday of December after his election.

1. The school commissioner is a ministerial officer or agent, appointed by law to do certain things. Kidder v. Trustees, 10–191.

$ 2. He shall, before entering upon his duties, take the oath prescribed by the Constitution, and execute a bond payable to the People of the State of Illinois, with two or more responsible freeholders as security, to be approved by the county board or by the judge and clerk of the county court, in a penalty of not less than twelve thousand dollars ($12,000.00), to be increased at the discretion of the said county board, conditioned that he will faithfully perform all the duties of his office according to the laws which are or may be in force during his term of office.

$ 3. The bond required in the foregoing section shall be in the following form, viz: STATE OF ILLINOIS,

County.

Know all men by these presents, that we, A B, CD, and E F, are held and firmly bound, jointly and severally, unto the People of the State of Illinois, in the penal sum of..

dollars, to the pay. ment of which we bind ourselves, our heirs, executors and administrators firmly by these presents.

In witness whereof we have hereunto set our hands and seals this..... day of.

A. D. 18.... The condition of the above obligation is such, that if the above bounden A B, county superintendent of the county aforesaid, shall faithfully discharge all the duties of such office, according to the laws which now are and may hereafter be in force, and shall deliver over to his successor in office all moneys, books and papers and property in his hands, as such county superintendent, then this obligation to be void, otherwise to remain in full force and virtue. A. B.

.(Seal.) с .D.

.(Seal.) E. F

.(Seal.) And which bond shall be filed in the office of the County Clerk. § 4. The obligors in such bond shall be bound jointly and severally, and upon it an action or actions may be maintained by the board of trustees of the proper township, or any other corporate body interested, for the benefit of any township or fund injured by any breach of the conditions thereof.

§ 5. If a majority of the county board shall be satisfied at any time that the bond of said county superintendent is insufficient, it shall be the duty of such superintendent, upon notice being given to him by the clerk of such board, to execute a new bond, conditioned and approved as the first bond: Provided, that the execution of such new bond shall not affect the old bond or the liability of the securities thereon.

§ 6. It shall be the duty of the county board of the county to provide the said county superintendent with a suitable office, with necessary furniture and office supplies, as is done in the case of other county officers.

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§ 8. When the office of county superintendent of schools shall become vacant by death, resignation, the removal of the incumbent by the county board or otherwise, the county board shall fill the vacancy by appointment, and the person so appointed shall hold his office until the next election of county officers, at which election the county board shall order the election of a successor: Provided, that if a vacancy shall not be filled by the county board within thirty days of the time the vacancy occurs by reason of a tie vote of said board

upon the vote to fill the vacancy, or from any other cause, then it shall be the duty of the clerk to the county board to summons the county judge of the county in which the vacancy exists to meet with the county board at a time and place to be designated by the clerk, of which meeting the members of the county board shall have notice; and said county board and county judge, when so notified, shall meet at the time and place designated, at which meeting the county judge shall preside, and in case of a tie vote he shall give the casting vote. Upon the appointment of a person to fill the vacancy of county superintendent of schools, the clerk of the county board shall notify the person so selected and appointed by the board of his selection and appointment, and he shall hold his office until the next election of county officers, at which election the county board shall order the election of a successor. (As amended by an act approved April 22, 1899.)

1. When a county superintendent of schools tenders his resignation in writing, and this resignation is received and filed, the resignation is complete, and is not subject to revocation. Pace v. People, 50-432.

§ 9. In counties having not more than one hundred (100) schools, the county board may limit the time of the superintendent: Provided, that in counties not having more than fifty (50) schools, the limit of time shall not be made less than one hundred and fifty (150) days a year; in counties having from fifty-one (51) to seventy-five (75) schools, not less than two hundred (200) days a year; and in counties having from seventy-six (76) to one hundred (100) schools, not less than two hundred and fifty (250) days a year.

$ 10. The county superintendent may, with the approval of the county board, employ such assistant or assistants as he needs for the full discharge of his duties. Such assistants shall be persons of good attainments, versed in the principles and methods of education, familiar with public school work, and competent to visit schools. Such assistants shall receive such compensation as may be fixed by the county board.

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