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shall be conducted by the board of county examiners, each of whom shall receive the compensation provided by law for holding county teachers' examinations. The questions shall be prepared by the State Board of Education and shall be forwarded to county superintendents by the state superintendent of public instruction. The package containing the questions shall not be opened except in the presence of a majority of the examining board on the day and hour for the examination. Immediately at the close of the examination the papers shall be securely wrapped and sealed and sent to the state superintendent of public instruction and said manuscripts shall be graded under the direction of the State Board of Education. Each applicant shall pay a fee of one dollar, one-half of which shall be turned into the normal institute fund of the county in which the examination is held, and one-half shall be forwarded to the state superintendent of public instruction and shall be used to pay for the grading of the examination papers. The grades shall be recorded in the office of the state superintendent of public instruction, and a statement of the same shall be sent to the applicant and a duplicate to the county superintendent of the county in which said applicant took the examination and said statement shall be attached to the certificate when issued or recorded thereon and countersigned by the county superintendent. (Laws 1915, ch. 298, sec. 15.)

SEC. 91. Renewal of First Grade Certificates; Exemption from Requirement of High School Credits. All first grade certificates in force at the time of the passage of this act shall be renewed at their expiration and the high school credits provided for in section 14 of this act shall not be required from the holders of said certificates, provided that all other requirements for renewal have been complied with; and all persons who at the time of the passage of this act shall have taught successfully in the public schools of Kansas for twenty-one school months shall be exempt from the requirements of high school credit, provided for in section 13 and section 14 of this act. (Laws 1915, ch. 298, sec. 16.)

SEC. 92. Temporary Certificates. [7534] That the county superintendent of any county in this state, upon request made in writing by such district board, is authorized to issue temporary teachers' certificates to any persons not under eighteen years of age applying therefor, when in the judgment of such county superintendent the applicant is a person of good moral character and possesses the necessary qualifications of a teacher; provided, however, that such applicant make affidavit that he has not failed in the last preceding examination for teachers' certificates in any county in this state; and provided further, that such temporary certificate, when issued, shall not be effective or in force from or after the next

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quarterly examination for teachers' certificates in the county wherein same was issued. (Laws 1907, ch. 342, sec. 1.)

SEC. 93. No Certificate Except by Examination. [7494] No certificate shall be issued by any county board or county superintendent except upon examination as provided in this act; provided, that county boards may renew professional certificates from year to year, as provided for in section 4 of this act.15 (Laws 1903, ch. 424, sec. 7.)

SEC. 94. Revocation. [7526] Any certificate issued by the State Board of Education, regents of the State Normal School, county board of examiners or city board of examiners may be revoked by the body issuing the same on the grounds of immorality, gross neglect of duty, annulling of written contracts with boards of education and district boards without the consent of a majority of the board which is a party to the contract, or for any cause that would have justified the withholding thereof when the same was granted. (Laws 1905, ch. 392, sec. 1.)

SEC. 95. Examination in Physiology and Hygiene. [7519] No certificate shall be granted to any person to teach in any of the public schools of this state after the 1st day of January, 1886, who has not passed a satisfactory examination in the elements of physiology and hygiene, with special reference to the effects of alcohol stimulants and narcotics upon the human system; and provision shall be made by the proper officers, committees and boards for instructing all pupils in each public school supported by public money and under state control upon the aforesaid topics. (Laws 1885, ch. 169, sec. 1.)

SEC. 96. Examination in Certain Districts. [7533] That in any common-school district employing ten or more teachers therein, the school board may appoint two competent persons, who, together with the superintendent of the school of such district, shall constitute an examining committee of such school board, whose duty it shall be to examine all persons who may apply to them as teachers; and no person except one who holds a diploma or a certificate from the State Board of Education or a diploma from the State Normal School shall be elected by such board as a teacher who can not produce a certificate from the examining committee, and setting forth that such person is competent to teach in such department16 of said school as may be stated in the certificate and is a person of good moral character; and provided, that a person holding such state diploma, state certificate or State Normal School certificate or a certificate granted by the aforesaid examining committee shall not be required to take any county teachers' examinations. (Laws 1907, ch. 340, sec. 1.)

15. Professional certificates are no longer issued. First-grade certificates may be renewed as provided in section 89.

16. After September 1, 1916, such certificates will be valid only in elementary schools. See section 52 of this book.

CHAPTER IV.-Child Labor.

$97. Employment of children under four

teen. 98. Employment of children under six


$99. Certificate of age required.
100. Duties of inspectors.
101. Penalty.

SECTION 97. Employment of Children under Fourteen. [5094] No child under fourteen years of age shall be at any time employed, permitted or suffered to work in, or in connection with, any factory, workshop not owned or operated by the parent or parents of the said child, theater or packinghouse, or operating elevators, or in or about any mine. It shall be unlawful for any person, firm or corporation to employ any child under fourteen years of age in any business or service whatever during the hours in which the public school is in session in the district in which said child resides. (Laws 1909, ch. 65, sec. 1.)

SEC. 98. Employment of Children under Sixteen. [5095] It shall be unlawful for children under sixteen years of age, who are employed in the several vocations mentioned in this act, or in the distribution or transmission of merchandise or messages, to be employed before seven o'clock a. m. or after six o'clock p. m., or more than eight hours in any one calendar day, or more than forty-eight hours in any one week. No person under sixteen years of age shall be employed at any occupation nor at any place dangerous or injurious to life, limb, health or morals. (Laws 1909, ch. 65, sec. 2.)

SEC. 99. Certificate of Age Required. [5096] All persons firms or corporations employing children in any of the vocations mentioned in this act under sixteen years of age shall be required to first obtain a certificate of the age of such children, based upon the school census records, the same to be secured where possible from the school superintendent, principal or teacher of the school or other person authorized by the school board to have charge of the school census records in the district or city wherein such children reside. Said certificate shall be issued without charge, and shall be substantially in the following form:

Kan., city

county This certifies that..

according to the records of the

fuil name school census and from all knowledge that I can obtain, was born.

day at..


..county, state of and is now.

His (or her) weight is...




month....of age.



years and..





-, eyes...

and he resides at
fair or dark

.street. (Signature) .of.

.school or district No. official school position

name of school When said child's name and age does not appear on the school census enumeration of said city or district, then said firm, person or corporation employing such child shall secure an affidavit from the parent or legal guardian of such child, which statement shall contain the facts and data as set forth in the above certificate, and shall be certified on oath before some officer authorized to administer oaths. Such certificate or affidavit shall be sufficient protection to the employer of any child as to the age of such child, except when such employer has actual knowledge of the falsity of such certificate, and all such certificates shall be kept constantly on file in a convenient place, and shall at all times be open to inspection of the proper authorities, as provided in this act. (Laws 1909, ch. 65, sec. 3.)

SEC. 100. Duties of Inspectors. [5097] It shall be the duty of the state factory inspector, state inspector of mines and their deputies to inspect the certificates hereinabove provided for, to examine children employed in factories, workshops, theaters, elevators, packing-houses and mines and the vocations mentioned in section 2 of this act as to their age, and to file complaints in any court of competent jurisdiction to enforce the provisions of this act, and it shall be the duty of the county attorney of the proper county to appear and prosecute all complaints so filed. (Laws 1909, ch. 65, sec. 4.)

SEC. 101. Penalty. [5098] Any person, firm or corporation employing any person or child in violation of any provisions of this act, or permitting or conniving at such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than ninety days. (Laws 1909, ch. 65, sec. 5.)


CHAPTER V.-Cities.

ARTICLE I.-Cities of the First and Second Class.

$102. Board of education.
103. Vacancies.
104. Nomination and election.
105. Vacancy.

8106. Clerk.
107. Superintendent.
108. Examining committee; teachers.
109. Use of school buildings.

SECTION 102. Board of Education. That in each city of the first and second class, except those cities having a population of more than 50,000 and less than 75,000 by the United States census of 1910, there shall be a board of education, which shall constitute a body corporate and politic, possessing the usual powers of public corporations, consisting of six members, to be nominated and elected by the qualified voters of the city at large, three of whom shall be elected at the general city election held in April of each odd-numbered year, and shall hold their office for a term of four years and until their successors are duly elected and qualified, and said term of office shall begin on the first Monday in August succeeding their election; provided, that no member of the board of education shall be a city commissioner or member of the city council, and no city commissioner or member of the city council shall be a member of the board of education. The territory attached to cities of the first and second class shall constitute a part of such cities for the purposes of this act. (Laws 1911, ch. 267, sec. 1.)

SEC. 103. Vacancies. That the board of education shall have power to fill any vacancy which may occur in their body; provided, that any vacancy occurring more than ten days previous to the date provided by law for the filing of primary nomination papers, and leaving an unexpired term of one or more years, shall be filled at the first city election thereafter, and the ballots and returns of election shall be designated as follows: "To fill the unexpired term of

years. (Laws 1911, ch. 267, sec. 3.)

SEC. 104. Nomination and Election. That in all cities of the first and second class which have heretofore adopted or shall hereafter adopt the provisions of the General Statutes of the year 1909 authorizing the government of such cities by boards of commissioners, candidates for nomination at the primary and for election as members of the board of education shall be nominated and elected in the same manner as nearly as practicable as are the mayor and commissioners in such cities, and may be recalled in like manner. The number of members to be elected at each general city election shall be certified to the city clerk by the president or clerk of the board of education at least ten days previous to the date provided by law as the last day for filing primary nomination papers.

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