not apply to cities having a population of 300,000 or more, nor to countries adopting county supervision.

[The public school board or boards of directors of cities having a population of 300,000 or more, have power to create a public school teachers' and administrative and clerical employees' pension and retirement fund, to constitute which the board may set apart an amount not exceeding 1 per cent of salaries of those who elect to participate, donations, and all other methods of increment coming into their hands for the purpose. Act of 1895.]

3. SCHOOLS.

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

Attendance.-Separate free schools shall be established for the education of children of African descent, and it shall be unlawful in the public schools for any colored child to attend a school for whites or for a white child to attend a school for colored children. When there are within any school district in this State 15 or more colored children of school age, the district board shall maintain a separate free school for such colored children, and the length of the school term for the colored school and their advantages and privileges shall be the same as those enjoyed by white children in schools of corresponding grade. The board shall in all cases conduct, manage, and control the school as other schools of the district are conducted, managed, and controlled; and all indebtedness incurred by the board in providing suitable buildings, employing teachers, and maintaining schools shall be paid out of the appropriate funds of the district. The board shall provide a suitable building and furnish the same, using the credit of the building or incidental funds of the district; but should the average daily attendance of colored children for any one school month be less than 8 then the board may discontinue the school for not more than six months at any one time.

In school districts the annual meeting shall determine by ballot the length of school term for children 6 to 20 years of age in excess of six months that the public schools of the district shall be maintained for the next scholastic year. The district board is required to continue the public schools for six months in each scholastic year Should any board fail to comply with these provisions, the district shall be deprived of any part of the public-school moneys for the ensuing year. In city, town, and village, schools shall continue for not fewer than seven nor more than ten months when it will not increase the estimated expenditure to an amount exceeding 40 cents on the dollar.

Character of instruction.-The school board shall have power to make all needful rules and regulations for organization, grading, and government. In counties having a county superintendent, that officer shall formulate a course of study and a plan for grading the schools of his county, and forward a copy thereof to each district clerk and to each teacher, and require the same to be followed as nearly as practicable. When the demands of the city, town, or village district require more than one public-school building, the board shall, as soon as sufficient funds have been provided, establish an adequate number of primary or ward schools, corresponding in grade to those of other public-school districts, and for this purpose the board shall divide the district into school wards and fix the boundaries thereof, and erect a suitable school building thereon and furnish the same. The board may also establish a school of higher grade in which other studies than orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, history of the United States, civil government, and temperance physiology and hygiene may be taught. All text-books [and instruction] shall be in English.

Text-books.-The governor shall appoint a commission of four persons, citizens of the State, chosen with special reference to their literary and business qualifications, as well as practical knowledge of the public-school system of the State, the State superintendent being ex officio a member. The school-book commission thus formed shall advertise for the lowest and best bids from all reliable publishing houses in the United States. If any bids be satisfactory to the commission, it shall select the cheapest and best course of text-books offered on the following subjects: Chart, reading, spelling, English grammar, arithmetic, geography, history, civil government, physiology, and penmanship, all of which shall be printed in the English language. The bidders shall give two prices, the contract price and the mailing price. No text-books upon the subjects name above shall be used in the public schools other than those selected by the commission, except in cities or districts containing over 100,000 inhabitants. Each successful bidder shall establish a depot in every city of 10,000 inhabitants or more, and any book dealer or merchant who shall file with the school commission of his county an application for an agency to buy for retail only the books contracted for, and agreeing therein that in consideration of

such agency he will not sell to any resident of this State any such books at a higher price than 10 per cent above the contract price thereof, shall be given authority by the commission to act as agent; but any resident of the State may purchase for his own use from the publisher.

Should any of the bids, or any considerable part thereof, be rejected by the commission, they shall compile, or cause to be compiled, a full series of text-books, or any part thereof, and shall let the contract for publishing and furnishing the same in sufficient quantities for the use of the common schools to the lowest and best bidder. Buildings. The annual meeting of the district fixes the location of the schoolhouse in new districts, and for the purpose of erecting schoolhouses and furnishing them the board of directors of cities, towns, or school districts are authorized to borrow money and issue bonds if directed by their constituents. The board of directors shall have the care and keeping of the schoolhouse and other property belonging to the district, and shall provide the necessary globes, etc., keep the building in good repair, and supplied with fuel, etc. The schoolhouse may be used for religious or agricultural, educational, or labor meetings if ordered by the voters. Every person who shall willfully injure or destroy any building used as a schoolhouse or for other educational purposes, or any furniture, fixtures, or apparatus thereto belonging, or who shall deface, mar, or disfigure the building or any of its appurtenances, shall be fined a sum double the damage done, and $10 to $50 for any pasting, painting, or cutting upon the building.

4. FINANCES.

Funds (permanent or special).—Taxation.

Funds (permanent or special).-The proceeds of all lands that have been or hereafter may be granted by the United States to the State and not otherwise appropriated by the State or United States; also all moneys, stocks, bonds, lands, and other property now belonging to any State fund for education; the net proceeds of the State tobacco warehouse; also the net proceeds of all sales of lands and other property and effects that may accrue to the State by escheats from unclaimed dividends and distributive shares of the estates of diseased persons; also any proceeds of the sales of the public lands which may have been or hereafter may be paid over to the State (if Congress consent); also other grants, devises, or gifts that may be or may have been given to the State and not otherwise appropriated by the State or the terms of the grant, devise, or gift, shall be paid into the State treasury and securely invested and sacredly preserved as a public-school fund, the annual income of which, together with 25 per cent of the ordinary revenue of the State, shall be faithfully appropriated for establishing and maintaining the free public schools. The State superintendent of public schools shall annually apportion the public-school fund among the different counties upon the enumeration of persons 6 to 20 years of age, from the treasuries of which it shall be apportioned to the districts, towns, or cities which have made the enumeration required by law.

The county fund shall consist of all stocks, bonds, etc., known as such fund, and of the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal or military laws of the State as well as exemptions from military duty, the income of which shall be appropriated to the support of the public schools.

The proceeds of the sixteenth section or other land selected in lieu thereof, the interest of such proceeds, the rents and profits of such lands, and all the publicschool moneys which shall be apportioned to any unorganized township arising from dividends and profits of the public-school fund, shall constitute a township school fund, which shall be under the care and management of the county court.

Taxation. For school purposes in districts the annual rate of taxation on property shall not exceed 40 cents on the $100 valuation; but in cities and towns the rate may be increased to an amount not to exceed $1 on the $100 of valuation, and in other districts to an amount not to exceed 65 cents on the $100 valuation, if a majority of the voters assent at an election held to decide the question. For the purpose of erecting public buildings in counties, cities, or school districts, the rates of taxation above limited may be increased when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people and twothirds of the qualified voters of such county, city, or school district shall vote therefor.

NORTH DAKOTA.

1. ORGANIZATION OF THE SYSTEM.

State superintendent of public instruction.—Board of university and school lands.-County superintendent of schools.-District school board.—City board of education.

State superintendent of public instruction.-There shall be chosen by the qualified electors of the State at the times and places of choosing members of the legislative assembly a superintendent of public instruction, who shall have attained the age of 25 years, and shall have the qualifications of a State elector, and be the holder of a State certificate of the highest grade issued in some State, or be a graduate of some reputable university, college, or normal school. He shall hold his office at the seat of government for the term of two years from the first Monday in January following his election and until his successor is elected and qualified. Before entering upon his duties he shall give a bond in the penal sum of $5,000, with not fewer than two sureties. He shall preserve all the matter accumulated by virtue of his office and turn it over to his successor; shall have the general supervision of the schools, and shall be a member of the board of university and school lands and of the normalschool boards of the State. He shall furnish the necessary blanks and registers and lists of publications approved by him as suitable for district libraries, shall prepare questions to be used in examinations for teachers' certificates, prescribe rules for conducting such examinations, and issue certificates; shall prescribe a course of study for the State and the State normal schools, and the course of study, training, and practice of the professional department of schools designated and supported wholly or in part by the State; shall prescribe rules for the holding of teachers' institutes and assist thereat; shall print the school laws at least once in two years, meet the county superintendents of each judicial district or of two or more districts combined; shall make a biennial report to assembly through the governor, showingFirst, the number of school districts, schools, teachers employed, and pupils taught therein, and the attendance of pupils and studies pursued by them; second, the financial condition of the schools, their receipts and expenditures, value of schoolhouses and property, cost of tuition and wages of teachers; third, the condition, educational and financial, of the normal and higher institutions connected with the school system of the State, and, as far as it can be ascertained, of the private schools, academies, and colleges of the State; fourth, such general matters, information, and recommendations relating to the educational interests of the State as he may deem important.

Two thousand five hundred copies of his report shall be printed and distributed. In addition to his salary he shall receive not more than $600 in any year for traveling expenses.

Board of university and school lands.-See under Finances, Funds.

County superintendent of schools.-There shall be elected in each county a county superintendent of schools, to serve for two years, who shall give bond with surety to the amount of $500. No one is eligible to the office unless he or she holds a certificate of the highest county grade or its equivalent.

The county superintendent shall have the general superintendence of the public schools in his county, except those in cities, which are organized under special law. He shall visit every public school under his supervision within the county at least once each official year, and oftener, if he shall deem it necessary to increase its usefulness. He shall at such visit carefully observe the character and methods of instruction and the condition of the school, and shall advise the teacher and note in writing his proficiency. He shall carry into effect all instructions of the State superintendent given within his authority. He shall distribute to the proper officers and to teachers all blanks furnished him by the State superintendent and needed by such officers and teachers. He may arrange for meeting with school officers at designated times and places, due notice of which has been given, for the purpose of inspecting the district records and instructing in the manner of keeping the same and of preparing the reports of district officers. He shall visit the officers of the several school districts as often as may be necessary to secure the correct keeping of the records. He shall prepare for and furnish to each assessor a correct sectional map showing the boundaries of school districts, shall decide cases of controversy with appeal to State superintendent, and make an annual report upon such matters as the State superintendent may require. He may appoint a deputy, and is entitled to an office and postage.

The salary of the county superintendent shall be as follows: In each county having one school and not over five, $100; six schools and not over ten, $200; eleven schools and not over fifteen, $300; sixteen schools and not over twenty, $100; twenty

one schools and not over twenty-five, $500; twenty-six schools and not over thirty, $600; thirty-one schools and not over thirty-five, $700; thirty-six schools and not over forty, $800; forty-one schools and not over fifty, $900; and for each additional ten schools or major fraction thereof, $100 additional: Provided, That in computing the salary of the county superintendent no school or separate department in graded schools, shall be included unless the same shall have been taught at least three months during the preceding year; but the compensation shall not exceed $1,500 in any county. In addition thereto he shall receive 7 cents a mile for the distance actually and necessarily traveled by him in the discharge of his duties, he shall, at the end of every three months, make and furnish to the county commissioners an itemized statement of the distance so traveled, which shall be audited by and ordered paid by the board of county commissioners out of the county general fund monthly, upon the warrant of the county. In every county which shall be organized for school purposes after the passage of this act the county superintendent shall be paid a salary at the rate of $100 a year until the first Monday in October next following his election, after which his salary shall be fixed as provided for in this paragraph. District board of trustees.-Each civil township in every county not organized for school purposes under the district system is constituted a distinct school corporation, and when hereafter any civil township shall be organized it shall be a distinct school corporation, except as otherwise provided. There shall be elected at large in each school district three school directors and a school treasurer, the directors to serve for three years, one retiring annually, and the treasurer for two years. The three directors shall constitute the district school board. The board shall have the general charge, direction, and management of the schools, and the care, custody, and control of school property. It shall establish or discontinue schools, employ teachers, may introduce branches in the schools other than those prescribed by law, subject to the approval of the county superintendent; may levy tax, and may permit the use of the schoolhouse for purposes other than instruction when not occupied for school purposes. The board shall determine the length of time schools shall be kept beyond the four months required by law, and may establish high schools, if the voters sanction it. The board shall cause the clerk to take the school census annually, including all unmarried persons 6 to 20. All reports and records of school officers and proceedings of school meetings shall be kept in the English language.

City board of education.-Any city organized for school purposes under special laws and provided with a board of education may become incorporated as an independent school district by vote of the electors. The board of education of an independent district shall consist of one member from each ward in the city, and when the city is divided into an even number of wards then the city shall elect one member of said board at large; members shall hold their office for the terms of two years. The electors in each ward in said city shall elect one member of said board, and the electors of the said city each shall elect one member of said board at large. The wards having even numbers shall hold their election in each year ending with an even number, and the wards having odd numbers shall hold their election in the years ending with odd numbers. The member at large shall be elected biennially in the even-numbered years.

The board shall levy from time to time by tax such sums as may be determined by it to be necessary and proper for any of the following purposes:

First. To purchase, exchange, lease or improve sites for schoolhouses.

Second. To build, purchase, lease, enlarge, alter, improve, and repair schoolhouses and their outhouses and appurtenances.

Third. To purchase, exchange, improve and repair school apparatus, books, furniture, and appendages.

Fourth. To procure fuel and defray the contingent expenses of the board, including he expenses of the secretary.

t Fifth. To pay teachers' wages after the application of public moneys which may be by law appropriated and provided for that purpose.

In cities not organized as independent districts there shall be a board of seven members, who shall be elected by the electors at large.

2. TEACHERS.

Appointment, qualifications, and duties.—Preliminary training.—Meetings.

Appointment, qualifications, and duties.—No person shall be employed as a teacher or permitted to teach in any public school who is not, when so employed, 18 years of age and the holder of a valid teacher's certificate. Every contract made by the district board with a person who is qualified to teach must be in writing, and the salaries of teachers shall be graded according to the grades of their certificates.

The State superintendent shall prepare or cause to be prepared all questions for the examination of applicants for teachers' certificates, both county or State, aud shall prescribe rules for conducting all examinations. He shall issue a State certificate to be valid for life, and to be known as a professional certificate. Such certificates shall be issued to those having a good moral character, who have passed a thorough examination in all the branches included in the courses of study prescribed for the common and high schools of the State, and shall entitle the holder to teach in any common or high school. Any person who is a graduate of the four years' normal course in the State University of North Dakota and has had three years successful experience as a teacher may be granted such professional certificate without further examination: Provided, That if the holder of a professional certificate shall at any time cease to teach or to be engaged in other active educational work for the space of three years he shall be liable to a reexamination and to the cancellation of his certificate, subject to the rules to be prescribed by the State superintendent.

The State superintendent shall issue a "normal certificate," to be valid in any school in the State for a term of five years unless sooner revoked. Such certificate shall be issued only to those persons of good moral character who have completed the prescribed course of study in one of the normal schools of the State or elsewhere in a normal school having an established reputation for thoroughness; but the State superintendent may examine any such applicant at his discretion. Such certificate shall not be granted unless the applicant shall have taught school successfully not less than two years: Provided, That any person who is a graduate of the four years' normal course in the State University of North Dakota, and who has had one year's successful experience as a teacher, may be granted such normal certificate without further examination: Provided further, That no State certificate shall hereafter be issued by any normal school in the State. The State superintendent shall require a fee of $5 from each applicant for a professional or normal certificate, which fee shall be used by him to aid in the establishment and maintenance of teachers' reading circles in the State. He shall revoke at any time any certificate issued in the State for any cause which would have been sufficient ground for refusing to issue the same had the cause existed or been known at the time it was issued.

The county superintendent shall hold public examination of all persons over 18 years of age offering themselves as candidates for teachers' common schools at the most suitable places in the county on the second Friday in January, March, May, July, September, and November of each year, and, when necessary, such examination may be continued on the following day, at which times he shall examine them by a series of written or printed questions, according to the rules prescribed by the State superintendent. If from the percentage of correct answers required by the rules and other evidence disclosed by the examination, including particularly the superintendent's knowledge and information of the candidate's successful experience, if any, the applicant is found to be a person of good moral character, to possess a knowledge and understanding, together with aptness to teach and govern, which will enable such applicant to teach in the common schools of the State the various branches required by law, said superintendent shall grant to such applicant a certificate of qualifi

cation.

Such certificates shall be of three regular grades-the first grade for a term of three years, renewable; the second grade for a term of two years-and the third grade for one year, may not be issued more than twice to same person, according to the ratio of correct answers of each applicant and other evidence of qualification appearing from the examination. No certificate shall be granted unless the applicant shall be found proficient in and qualified to teach the following branches of a common English education: Reading, writing, orthography, language lessons, and English grammar, geography, United States history, arithmetic, and physiology and hygiene, and for a first and second grade can pass a satisfactory examination in theory and practice of teaching. In addition to the above, applicants for first-grade certificates, who must be 20 years of age and have taught twelve months, shall pass a satisfactory examination in civil government, physical geography, elements of natural philosophy, elements of psychology, elementary geometry, and algebra. The percentage required to pass any branch shall be prescribed by the State superintendent. In addition to these regular grades of certificates, the county superintendent may grant a permission to teach until the next regular examination to any person applying at any other time than at a regular examination who can show satisfactory reasons for failing to attend such examination, subject to rules and regulations to be prescribed by the State superintendent. Such permit shall not be granted more than once to any person. The written answers of all candidates for county certificates, after being duly examined by the county superintendent, shall be kept by him for the space of six months after such examinations, and any candidate thinking an injustice has been done him or her, by paying a fee of $2 into the institute fund of the county and notifying both county and State superintendents