6. The duty of reporting the taxes voted is upon the district board, and this duty may be compelled by mandamus. Opinions Atty. Genl. 1902-3, 93.

11044

1. The voters may call a meeting and direct the school board to perform its duty in regard to certifying the amount of taxes levied. They may also direct litigation affecting the rights of the school district. Opinions Atty. Genl. 1902-3, 93.

Sec. 11044a. An act to provide for school when the voters at the annual meeting fail to make such provision. Gilligan's public school bill. 1905, S. F. 184; in force March 30.

11044a. Procedure where district fails to provide for school.

Where no levy is voted at the annual school district meeting, or where the district votes to have no school, or where no action is taken by the annual meeting to provide for school, it shall be the duty of the county superintendent of the proper county to make and deliver to the county clerk of such county in which any part of the district is situated not later than the first Monday in August following the annual meeting an itemized estimate of the amounts necessary to be expended during the ensuing year for school purposes in such district. It shall be the duty of the county clerk to levy such taxes on the taxable property of the district, to be collected by the county treasurer at the same time and in the same manner as the state and county taxes are collected; and when collected to be paid to the treasurer of the proper district on the order of the director countersigned by the moderator of said district.

History.-Laws 1905, S. F. 184, sec. 1; in force March 30.

11066

8. A school teacher who has resigned, but who has not violated his contract for employment may withdraw his resignation any time before it has been acted upon by the school board. Opinions Atty. Genl. 1902-3, 208.

9. A school district has no remedy against a teacher who avoids his contract of employment on the ground of his minority. Opinions Atty. Genl. 1902-3, 4.

11078

3. The father of a child of school age, or one standing in loco parentis to the child, may maintain an action to compel the directors of the school district to allow the child to attend a school of which such child is a bona fide resident. For school purposes a minor may have a residence in a different district from that of its father. Mizner v. School Dist. No. 11, 2 Unoff. 238-42; 96 N. W. R. 128; Unoff. -; 96 N. W. R. 1006.

Secs. 11105 and 11106. An act to provide for the proportionate distribution of all funds heretofore paid into the treasury of any county for the maintenance of free high schools for non-resident pupils among the schools which have maintained such high schools, and to repeal sections 5, 6, 7. and 8 of subdivision 6 of chapter 79 of the Compiled Statutes of Nebraska for the year 1903 [11105-8]. Dodge's bill to distribute free high school funds. 1905, H. R. 215; in force April 3.

11105. Disposal of free high school funds.

That all funds which have heretofore been paid into the treasury of any county for the maintenance of free high schools for non-resident pupils, shall be paid to the school districts of such county which have maintained free high schools for non-resident pupils proportionately to the number of non-resident pupils instructed and the length of time each pupil received such free instruction, provided that such sum shall not exceed seventy-five cents per week for each non-resident pupil so instructed.

History.-Laws 1905, H. R. 215, sec. 1; in force April 3. Senate file 149 by Thomas is identical with this section except the last four words. As it took effect April 1, this, being a later law, is the only one published herein.

11106. Funds returned proportional to assessed valuation.

That funds remaining in the treasury of any county after all tuitions have been paid for non-resident pupils as aforesaid shall be paid proportionately to the assessed valuation, to the school districts in the county, not including high school districts.

History.-Laws 1905, H. R. 215, sec. 2; in force April 3. This section is identical with sec. 2 of Senator Thomas's bill, S. F. 149, which went into effect April 1. This, being the later law, is the only one published herein.

11109. Election of county superintendent term.

There shall be a county superintendent in each organized county, whose term of service shall be two years, and who shall be elected at the same time and in the same manner as other county officers. * No person shall be eligible to the office of county superintendent who does not hold at least a first grade county certificate issued in this state and in force at the time of his election. * It shall be the duty of the county clerk to notify the state superintendent of the election of the county superintendent at the time said elecion is ascertained. † The provisions of this act so far as same relates to the certificate of County Superintendent shall not apply to counties having less than 1000 inhabitants. History. to inserted and all after † added 1905, S. F. 221; in force July 1.

11110

2. A contract obligating an officer to perform the duties of his office for less compensation than that fixed by statute is void. The salary of an officer will be

increased from the time the statute allowing the increase goes into effect though the county board under the old law fixed a lower salary for a longer time. Opinions Atty. Genl. 1902-3, 138.

Secs. 11114a to 11114r. An act to provide a more uniform system for the certification of teachers, and to repeal sections 11111, 11112, 11113, 11114, and 11115 of subdivision VII and sections 11139 and 11140 of subdivision IX, and to amend section 11180 of subdivision XIII, and to repeal said original section 11180 of subdivision XIII, chapter LI-Schools-volume II, Cobbey's Annotated Statutes of Nebraska for 1903 and all acts and parts of acts in conflict herewith. Warner's teachers' certificate bill. 1905, H. R. 48; in force fully October 1.

11114a. This act not affect existing contracts or certificates.

Nothing in this act shall be construed to invalidate any certificate heretofore granted under the laws of the State of Nebraska, but the same shall continue in effect until the expiration of the time for which such certificate was granted; and any contract made in good faith by and between any teacher and any board of education under the provisions of the school laws of this state heretofore existing is hereby recognized as a valid contract during the life of such certificate, the same as if made under the provisions of this act.

History.-Laws 1905, H. R. 48, sec. 1; in force fully October 1.

11114b. State certificates.

The teachers' certificates issued by authority of the State of Nebraska, and entitling the holders thereof to teach in the schools of this state, shall consist of three principal classes, viz., state certificates, county certificates, and city certificates.

History.-Laws 1905, H. R. 48, sec. 2; in force fully October 1

11114c. Classes of state certificates defined.

State certificates shall consist of three classes, viz.. First: The professional state certificate which shall be good for life, entitling the holder thereof to teach in any public school of Nebraska. Provided, That no life certificate shall be in force after the holder shall permit a space of three years to lapse without fol

lowing some educational pursuit, unless said certificate be endorsed by the state superintendent. Second: The first grade state certificate which shall be good for three years from date of issuance, entitling the holder thereof to teach in any public school of Nebraska during the life of such certificate. After three years of successful experience the holder of a first grade state certificate shall be entitled to a professional state certificate good for life. Third: The elementary state certificate which shall be good for a term of not less than one year and not to exceed three years from date of issuance, at the discretion of the county superintendent of the county in which the holder of such certificate shall teach.

History.-Laws 1905, H. R. 48, sec. 3; in force fully October 1.

11114d. County certificates-Grades of.

County certificates shall consist of three grades, viz., First: The first grade. county certificate which shall be valid in and for the county where granted for a term of not less than two years and not to exceed three years from date of issuance, at the discretion of the county superintendent of the county in which the holder of such certificate shall teach. Second: The second grade county certificate which shall be valid in and for the county where granted for a term of not less than one year and not to exceed two years from date of issuance, at the discretion of the county superintendent of the county in which the holder of such certificate shall teach. Third: The third grade county certificate which shall be valid in and for the county where granted for such term as the county superintendent may deem best but not exceeding one year from date of issuance. Provided, That no person shall be entitled to receive more than one third grade county certificate.

History.-Laws 1905, H. R. 48, sec. 4; in force fully October 1.

11114e. City certificates-How affected by this act.

City certificates shall continue to be granted as provided in Section 19, Subdivision XIV, Chapter 79 of the Compiled Statutes of Nebraska for 1903 (Wheeler), [11254] except as hereinafter provided.

History.-Laws 1905, H. R. 48, sec. 5; in force fully October 1.

11114f. Professional state certificates-When granted.

The professional state certificate may be granted to any person of approved learning and character, and possessing evident ability in the science and art of school management, who has had one year's successful experience as a teacher in the public schools of this state, who holds a first grade county certificate and in addition thereto shall pass a satisfactory examination before the superintendent of public instruction or a committee of three competent persons appointed by him, in chemistry, English literature, General history, geology, physical geography, plane trigonometry, psychology, rhetoric, and zoology. The professional state certificate may be granted also to any person who is a graduate from a college or university of good standing of this or any other state, who has had three years' successful experience as a teacher in the public schools of Nebraska, and who holds a first grade county certificate issued in this state. The professional state certificate may be granted also to any person who holds a diploma from a state normal school of another state conferring the right to teach for life in said state. The professional state certificate may be granted also, at the discretion of the state superintendent, to the holder of a professional state certificate from another state. All certificates named in this section shall be granted by the state superintendent of public instruction.

History.-Laws 1905, H. R. 48, sec. 6; in force fully October 1.

11114g. First grade county certificates-When granted.

The first grade county certificates may be granted to any person of approved learning and character, and possessing evident ability to teach and govern a school, who shall pass a satisfactory examination in all the branches required to obtain a second grade county certificate, and in algebra, botany, geometry, and physics. Provided, That on and after September 1, 1907, no person shall be granted a first grade county certificate who has not had at least twelve weeks' normal training in a college, university, or normal school of approved standing in this or in another state, or in a state junior normal school of Nebraska, or in a high school of Nebraska approved by the state superintendent of public instruction as being equipped to give such normal training. Provided further, That one or more years' successful experience as a teacher may be considered the equivalent of the normal training required by this section. History.-Laws 1905, H. R. 48, sec. 7; in force fully October 1.

11114h. Second grade county certificates-When granted.

The second grade county certificate may be granted to any person of approved learning and character who, in addition to the branches specified for the third grade county certificate, shall pass a satisfactory examination in civil government, bookkeeping, blackboard drawing, theory and art of teaching, and the elements of agriculture including a fair knowledge of the structure and habits of the common plants, insects, birds and quadrupeds. Provided, That on and after September 1, 1907, no person shall be granted a second grade county certificate who has not had at least eight weeks' normal training in a college, university, or normal school of approved standing in this or in another state. or in a state junior normal school of Nebraska, or in a high school of Nebraska approved by the state superintendent of public instruction as being equipped to give such normal training. Provided further, That one or more years' successful experience as a teacher may be considered the equivalent of the normal training required by this section.

History-Laws 1905, H. R. 48, sec. 8; in force fully October 1.

111141. Third grade county certificate-When granted.

The third grade county certificate may be granted to any person of approved character who shall pass a satisfactory examination in orthography, reading, penmanship, geography, arithmetic, physiology and hygiene, English composition, English grammar, and United States history.

History.-Laws 1905, H. R. 48, sec. 9; in force fully October 1.

11114j. Examination papers-How prepared-Examined.

The state superintendent of public instruction shall prepare all questions for the examination of applicants for teachers' certificates as provided under this act, both county and state, and shall prescribe all rules and regulations for the conduct of all such examinations, and shall determine the times and places for all examinations, except as hereinafter provided. He shall examine, mark, and file, or cause to be examined, marked, and filed, all answer papers submitted by candidates for state and county certificates, which answer papers shall be forwarded by the county superintendent immediately after the close of each examination to the state superintendent of public instruction. He may appoint a committee of three competent persons and such clerical force as he may deem necessary to assist him in all such examinations, who shall make a complete and accurate record of all such examinations to be kept on file in the office of the state superintendent. Provided, That the state superintendent may require county

superintendents to assist him in the preparation of examination questions for county certificates.

History-Laws 1905, H. R. 48, sec. 10; in force fully October 1. 11114k. County examination public.

The county superintendent shall hold a public examination of all persons offering themselves as applicants for teachers' certificates beginning on the third Friday of each month and continuing not more than two days, at which time he shall examine them by the series of written or printed questions according to the rules and regulations prescribed by the state superintendent of public instruction. The county superintendent shall forward all answer papers submitted by candidates for teachers' certificates, designating each by a number instead of a name, immediately after the close of the examination, to the state. superintendent of public instruction for examination, marking, filing, and recording. The state superintendent of public instruction shall transmit within thirty days from the date of said examination a record of the standings of each applicant for a county certificate to the county superintendent, who shall then grant to the applicant a certificate of qualification, if the applicant is found to possess the requisite knowledge and understanding to teach in the common. schools of the state the various branches required by law, provided the county superintendent has satisfactory evidence that the candidate is a person of good moral character, has had successful experience, if any, and possesses an aptness. to teach and govern a school. Provided, That the county superintendent, at his discretion in case of emergency, may grant permission to teach until the results of the next regular examinations are received from the state superintendent of public instruction to any person applying at any other time than at a regular examination, who can show satisfactory reasons for failing to attend such examination and satisfactory evidence of qualifications, subject to such rules and regulations as may be prescribed by the state superintendent of public instruction; but such permit shall not be granted more than once in any county to the same person. Provided further, That the county superintendent may, at his discretion, grant a first grade county certificate, without examination, to a graduate of a college, university, or state normal school, subject to such rules and regulations as may be prescribed by the state superintendent of public instruction. History.-Laws 1905, H. R. 48, sec. 11; in force fully October 1.

111141. Renewal of certificate.

The first grade state certificate may be renewed under such rules and regulations as the state superintendent may prescribe. First and second grade. county certificates may be renewed, without examination, at the discretion of the county superintendent, under such requirements as may be imposed by the state superintendent of public instruction for the pursuance of and completion of reading circle work, and attendance at teachers' associations and the county institute. The certificate issued by the county superintendent shall be valid only in the county where issued.

History.-Laws 1905, H. R. 48, sec. 12; in force fully October 1.

11114m. When and for what cause is certificate revoked.

Every certificate issued under the provisions of this act shall be revoked by the authority issuing the same for any cause which would have authorized or required such authority to refuse to grant it if known at the time it was granted, and for incompetence, immorality, intemperance, cruelty, crime against the law of the state, negligence of duty, or general negligence of the business of the school. The revocation of the certificate shall terminate the employment of