enforce the course of study, the use of the prescribed text-books, the good conduct of pupils while in school or on the road to or from it, and for good cause may suspend pupil. But no teacher shall be required to teach any other than the commonschool branches unless specified in the contract.

Preliminary training.—The State normal school for colored persons shall be under the control and supervision of a board of trustees composed of the State superintendent, who shall be chairman, and three intelligent and discreet persons, residents of Franklin County, to be appointed by the governor with the approval of the senate for terms of three years, one to retire annually. They shall adopt rules for the government of the school, shall prescribe its course for the training of teachers and the requisites for admission, and select the instructors, but every pupil must be at least 16 years of age, possess good health, and satisfactory evidence of good moral character, and sign a written pledge that he or she will, as far as practicable, teach in the colored common schools of Kentucky a period equal to twice the time spent as a pupil in the normal school, together with such other conditions as may from time to time be required, but tuition shall be free to Kentuckians. The sum of $3,000 shall annually be appropriated out of the State treasury to pay the teachers and defray other necessary expenses, which, together with the amount received under the act of Congress of August 30, 1890, shall be known as the colored normal school fund. The diplomas granted by the board to graduates shall entitle the recipient to teach in any of the colored common schools of the State. In the school there shall be a department of agriculture and the mechanic arts.

In cities of the second class the board of education may maintain a normal school or training class for the purpose of training graduates of the high school and others to be teachers in the schools of the city.

Meetings.-The county superintendent shall organize annually a teachers' institute for the normal instruction, improvement, and better qualification of the teachers of his county, one for white and one for colored teachers. The institute shall occupy not less than five nor more than ten days, and shall be held between the 1st day of July and the 1st day of November. The superintendent of public instruction and the two professional members of the State board of examiners shall prepare the programme and a syllabus of each subject, both of which shall be furnished each member of the institute, and shall be faithfully and efficiently carried out. Every teacher of a common school, including teachers of the graded common schools in cities of the fifth and sixth classes who hold a State diploma, State or county certificate, or who contemplate applying for certificate of qualification to teach in the common schools, shall attend the full session of the institute in his home county, unless he is teaching in another county in which the institute is yet to be held, or has attended the institute of a county in which he has a contract to teach; but in teaching in a county other than his home county whose institute is yet to be held, he must attend the full session of the latter. The county superintendent shall revoke the certificate of any teacher who shall fail or neglect to attend the full session of the institute, unless the superintendent shall be fully satisfied that such failure has been caused by actual sickness or other disability, and after the institute has been held it shall be unlawful to grant any person a certificate to teach at any time during that school year unless the person has attended the full session of the institute. During the institute there shall be a suspension of such other schools as are in session, but no reduction of the teachers shall be made. At the close of the institute a certificate of attendance shall be given to the teacher, who shall file it with the board of trustees, which shall report the fact. Any four or fewer counties may hold a joint institute. The county superintendent shall collect from $1 to $2 from each person in attendance, 25 cents of which shall be paid into the county library fund and the rest shall be applied to meeting the necessary expenses of the institute.

At each session of the institute every subject embraced in the common-school course shall be brought before the institute, illustrated and described, and every feature of school organization and school management, together with the whole work of the teacher, shall be considered, and the common-school laws of the State read and expounded.

During the session of the institute there shall be held a county teachers' association, and one hour in the afternoon or the night meeting shall be daily set apart for this purpose. The object of the association shall be primarily to discuss and devise the best ways and means of promoting the interests of education, the improvement of teachers, and the methods of teaching, and especially to devise means for securing better schoolhouses, better attendance, and Ïocal aid for common schools.

3. SCHOOLS.

Attendance.-Character of instruction.-Text-books.-Buildings.

Attendance.-No school shall be deemed entitled to any contribution out of the school fund unless the same has been actually kept or is under contract to be kept by a qualified teacher for five months during the same school year, and at which every child residing in the district between the ages of 6 and 20 has had the privilege of attending free of expense, but it shall not be lawful for any white child to attend any common school provided for colored children, or any colored child to attend any common school provided for white children. [For the source of support of colored schools see Finances, Taxation. In cities of the second class the city board of education has complete control of colored schools, and in cities of the fourth class there is a "colored board of education."]

No point in the boundary of any proposed graded common-school district shall be more than 2 miles from the site of its proposed schoolhouse.

Character of instruction.—The State board of education shall prescribe and publish a public graded course of study for the common schools, specifying the order of studies and the time to be allotted to each, but the course shall embrace spelling, reading, writing, arithmetic, English grammar, English composition, geography, physiology, and hygiene, and the effects of alcoholic drinks and narcotics, civil government, United States history, and the history of Kentucky. The majority of the white voters of a locality may establish a graded school district for white persons, and a majority of the colored voters may establish a graded school district for colored persons. In cities of the first class the board of education shall prescribe the branches of education [other than those required by law] to be taught and the text-books used, but no catechism or other formula of religious belief shall be taught or inculcated. In cities of the second class children from 4 to 6 years of age may be instructed by kindergarten methods, and the board of education may extend the required curriculum, establishing high schools. In cities of the third and fourth classes the board of education may extend the required curriculum, establishing high schools, and maintaining kindergarten and manual training schools.

Text-books.-The county board of examiners in each county shall adopt, on penalty of a fine of $200, a list of text-books on the subjects taught in the common schools, which shall be used in the common schools for five years. Any county board of examiners, whenever any publisher or person selling text-books desires to have his books adopted in the common schools in any county, shall require to be filed a sample copy of each, with its lowest retail price (which shall not be higher than the price obtained in any other section of the United States), at which it is to be sold to patrons and pupils, and shall execute a bond of $10,000, with good security within the State. In cities of the first, [second], third, and fourth classes the board of education select the text-books.

Buildings.-The district trustees, with the consent of the county superintendent, may take land for the purpose of erecting thereon a schoolhouse, provide for and secure the erection of the same, construct such outbuildings and inclosures as shall be conducive to the protection of the property and the comfort and decency of the pupils and teachers. They shall have power to recover for damage done. The county superintendent may condemn a school building as unfit for use, and if the trustees have no funds to put the condemned property in a habitable condition, a capitation tax shall be levied, not exceeding $1 a year. In cities the board of education has control. In graded common school districts no building shall cost more than $15,000, unless it be a city of the first to fourth class, having adopted the provisions governing graded common school districts, when the maximum shall be $100,000.

4. FINANCES.

Funds (permanent or special).—Taxation.

Funds (permanent or special).—The school fund shall consist of the interest on the bonds of the Commonwealth for $1,327,000 in aid of common schools, at the rate of 6 per cent per annum, payable semiannually; the dividends on 735 shares of the capital stock of the Bank of Kentucky, representing a par value of $73,500, owned by the State; the interest at the rate of 6 per cent, payable annually on the surplus of $381,986.08 now due the several counties and remaining a perpetual obligation against the Commonwealth for their benefit, the interest at 6 per cent per annum, payable semiannually, on $606,641 received from the United States under act of March 2, 1891; such proportions of fines, forfeitures, and licenses ED 9472

which may be realized by the State as the amount of taxes for common school purposes bears to the whole State tax other than for the benefit of the Agricultural and Mechanical College, and the annual State tax given below. The fund shall be used to pay the expenses of the State department of education and the payment of teachers of the common schools. The fund shall be distributed annually by the State superintendent according to the pupil children in each county and school district.

Taxation.-There shall be an annual tax of 22 cents on each $100 of value of all real and personal estate and corporate franchises directed to be asesssed for taxation, which shall be distributed as stated under "funds" above. Whenever there shall be a tax levied in any common school district or graded school district it shall be the duty of the trustees to appoint a district treasurer. The tax shall be levied on the property of the district immediately preceding the levy by the trustees, which the treasurer shall collect. Unless there are sufficient funds on hand which may be used to pay the contingent expenses incident to rendering the schools comfortable, the trustees shall assess and the treasurer of the district shall collect a capitation tax of $1.50 or less on all persons having children attending the common school of the district, and shall be used to pay for fuel and other things needful to keep the schoolhouse warm, clean, and comfortable. In the establishment of a graded common school, a minimum tax is fixed, as given under Organization, District trustees. In case of cities taking advantage of the law regarding the organization of a graded common-school district, bonds may be issued to 2 per cent of the taxable property of the city instead of being limited to $15,000, as in the case of the ordinary graded common-school district.

In cities of the first class, organized under the general act for them, the board of education collect a tax of not less than 33 cents on the $100 of property assessed for city taxation. In cities of the second class the general council shall be requested by the board of education to collect the amount required to defray the expenses of maintaining schools, improving or constructing buildings, etc. In cities of the third and fourth classes the board of education shall estimate the amount necessary as in the case of cities of the second class, and the general council shall collect the amount, provided that in any one year it shall not exceed 50 cents on each $100 of assessed city property.

NORTH CAROLINA.

1. ORGANIZATION OF THE SYSTEM.

State board of education.-State superintendent of public instruction.—County board of education.-County examiner.-District committee.

State board of education.-The State board of education consists of the governor, lieutenant-governor, secretary of state, treasurer, auditor, superintendent of public instruction, and attorney-general. It apportions the State school money and recommends text-books to be used in public schools for a term of three years at a predetermined price, and has general power to regulate the public schools of the State.

State superintendent of public instruction.-The State superintendent is elected quadrennially by the people. He prepares the forms and registers used in the schools and in general shall look after and direct the system of public schools and report biennially to the governor. His office is at the State capital; is furnished with an office and expenses incidental to it. He signs requisitions on the auditor for the payment of money by the State treasurer, and is enjoined to learn and to supply the educational wants of the State, and make himself acquainted with the course of educational affairs in other States. For his expenses while counseling with county boards and superintendents, delivering lectures at institutes, etc., and for clerical assistance, $500 is annually allowed. [By law of 1893 he is empowered to employ a clerk at $1,000 per annum.]

County board of education.—The justices of the peace and the county commissioners of each county shall biennially elect a county board of education consisting of three residents, who shall be men qualified by education, experience, and interest to specially further the educational interests of their county. The county superintendent shall be secretary and the county treasurer the treasurer of the board. The members shall not receive more than $2 per diem and mileage. Vacancies shall be filled by the county commissioners. The board shall be charged with the general management of the public schools shall divide the county into districts, decide all controversies about the boundaries of districts, location of schoolhouses, and construction of school law, and shall see that the law is enforced. The board meets quarterly, and in January apportions the school money to each schoolhouse.

[By law of 1895 "all the powers and duties of the board of education devolve upon and are discharged by the board of county commissioners "-the civil county authority-the State superintendent refers (preface to school law) to the county commissioners as "acting as a county board of education."]

County superintendent.-The county superintendent shall be elected by the county board of education, county commissioners, and justices of the peace in joint session biennially. He shall be of good moral character, liberal education, and otherwise qualified to discharge the duties of his office, but for cause may be removed by the county boards who participated in his election. He shall examine all applicants of good moral character for teachers' places six times a year, have charge of the teachers' institute, and, with the concurrence of the school committee of the district, he may suspend any teacher unfit for his place or who is rendering inadequate service for the pay received. He is subordinate to the State superintendent and the county board of education. He shall distribute the blank forms received from the State superintendent and advise with district committees as to the best method of obtaining statistics; he countersigns orders on the treasurer of the county board for payment of teachers' salaries, provided the teacher has made the reports required, and shall himself report to the State superintendent annually, giving an abstract of the number, grade, race, and sex of teachers examined or approved by him, the number of schools taught in the county for each race, the enrollment and average attendance in them by sex, the average length of the terms of the school, and the average salary of teachers by race, and, in addition, the number of school children in the county by race and sex, the public schoolhouses, and the value of school property for each race, the number of institutes held, and the teachers attending them, and such suggestions as he may deem proper. His compensation shall be fixed by the county board at between $2 and $3 per diem for actual service, but his compensation shall not exceed 4 per cent of the school fund apportioned to the county. [The office of county superintendent is abolished and his duties as secretary to the old board of education are to be performed by the clerk of the board of county commissioners.]

District committee.-The county board of education shall lay off their respective counties into convenient school districts, consulting the convenience of the neighborhood. For each white and each colored school district there shall be elected biennially by the county board of education a school committee of three persons, whom they may remove for cause, provided that each committeemen shall be able to sign contracts in a legible hand, or his mark shall be witnessed by a disinterested person, in that person's handwriting. They shall take a census of the school children 6 to 21 years of age annually, by race and sex, and shall also report to the county superintendent the number of public schoolhouses and the value of all public school property. They have authority to employ and dismiss teachers and to fix their pay. They are intrusted with all school property, and have power to control it as they may deem best.

2. TEACHERS.

No person shall be employed by a district committee to teach who does not produce a certificate from the county [examiner]. Teachers of the third grade shall receive out of the public fund not more than $15 a month, of the second grade not more than $25 a month, and teachers of the first grade such compensation as may be agreed on.

The graduates of the Peabody Normal College are recognized as certified for life. The grade of the certificate to which the applicant may be entitled shall be fixed on a scale of 100; no certificate shall be issued to an applicant whose standing in any subject is less than 50 per cent, or whose general average is less than 70. A general average of 90 per cent or more shall entitle to a first-grade certificate; of 80 to 90 per cent, to a second grade, and of 70 to 80, to a third grade; the certificates shall be valid for one year, and only in the county. All applicants shall pay to the examiner a fee of $1. The examination shall be held in July annually, and none but those of good moral character shall be admitted.

The board of education of a county may annually appropriate not more than $100 out of county school funds for the purpose of conducting one or more teachers' institutes, or two or more counties may combine.

Teachers must keep a register and turn it over to local authorities before finally paid; they may dismiss pupils.

The clerk of the superior court of the several counties in the State shall, on the 1st Monday in June, 1895, and annually thereafter, appoint an examiner whose duty shall be to examine all persons desiring to teach in the public schools of the county.

3. SCHOOLS.

Attendance.-Character of instruction.-Text-books.-Buildings.

Attendance.-White and colored pupils are to be taught separately. Every elementary school which shall receive aid from the State is a public school to which any local resident shall be admitted free of charge, and shall be taught four months, at least. In any district where there is a private school taught nine months by a teacher possessing a first-grade county certificate the school committee may contract with such teacher to give instruction in the common-school branches to all pupils 6 to 21 years of age, and pay therefor from the public-school funds of the district. Under such circumstances the school and teacher are under the same management as a public school as far as the county officials are concerned.

Character of instruction.-No branches shall be taught in the public schools, except spelling, defining, reading, writing, arithmetic, English grammar, geography, elementary physiology and hygiene, and United States and North Carolina history, but the district committee may allow other branches to be taught.

Text-books.--Each county board fixes the books to be used in the public schools, and they shall not be changed for three years, to take effect June, 1896.

Buildings.-The district school committee have complete control of school property in its district, and may dispose of it as it thinks best for the interests of the system. To interrupt or disturb any school is a misdemeanor, punishable by fine of not more than $50 or imprisonment not more than thirty days. Anyone setting fire to a schoolhouse shall be sent to the penitentiary or the county jail, and may Le fined at the discretion of the court.

4. FINANCES.

Funds (permanent or special).—Taxation.

Funds (permanent or special).—The proceeds of all lands granted by the United States, not otherwise appropriated, all sums or securities now belonging to any State fund for education, the net proceeds from the sale of swamp lands belonging to the State, and all grants, gifts, and devises shall be paid into the State treasury, and together with so much of the ordinary revenue of the State as may be set apart for the purpose shall be faithfully appropriated for establishing and maintaining a system of free public schools.

All moneys, securities, and other property belonging to a county school fund, the net proceeds from sales of estrays, the clear profits of all penalties and forfeiture, all fines collected in the several counties for any breach of the penal or military laws, and all the net proceeds of any tax on licenses to retailers of wines, cordials, etc., and to auctioneers shall belong to and remain in the several counties and shall be faithfully appropriated for establishing and maintaining free public schools in the several counties.

The State board shall annually apportion among the several counties all the school funds in the treasury on the basis of persons 6 to 21 years of age.

The county school board shall apportion each year among its districts all school funds in the following manner: The sum required for the general school expenses is subtracted, then two-thirds are apportioned to the districts on the basis of children 6 to 21 years of age, and the remaining one-third shall be used to equalize the average length of the school terms for the two races.

Taxation. In addition to the State and county capitation taxes (both together never to exceed $2 on the poll) there shall be levied and collected every year, for the maintenance of the public schools, 18 cents on every $100 of property and credits in the State and 54 cents on every poll. If the tax [capitation] levied by the State is insufficient to maintain one or more schools in each school district for the period of four months, then the board of county commissioners shall levy a special tax to supply the deficiency [except when the limit of 66 cents on the valuation and of $2 on polls has been reached for State, county, and district purposes].

TENNESSEE.

1. ORGANIZATION OF THE SYSTEM.

State board of education.-State superintendent.-County superintendent.—District directors.-City boards of education.

State board of education. The governor of the State shall appoint a State board of education, to consist of himself, the State superintendent, and six members, two of whom (the appointed members) shall retire every two years. The board