The names of all candidates shall appear in alphabetical order on the official city primary ballot, in a separate column, under the heading "Candidates for nomination for members of the board of education of — city at the primary election," and above the names the words, "Vote for ," filling in the blank with the figure equalling the number of members of the board of education to be chosen at the regular election. The names of double the number of members of the board to be elected receiving the highest number of votes at the primary election shall be placed upon the ballot as candidates for members of the board of education at the next succeeding general city election. The persons receiving the highest number of votes at such regular city election shall be declared elected, and each shall receive a certificate signed by the mayor and city clerk, under the seal of the city. Each person elected shall qualify within ten days after his election by filing an oath of office with the city clerk, but he shall not take office until the first Monday in August succeeding his election. The city clerk shall within thirty days after the canvass of the votes certify to the board of education the names of the candidates elected as members of such board. Any petition for nomination for member of the board of education filed prior to the date on which this act goes into effect, and complying with the law in effect at the time of filing said petition, is hereby declared to be legal. (Laws 1911, ch. 267, sec. 5.) SEC. 105. Vacancy. That the board of education in cities of the first and second class shall have the right, at any regular or special meeting, to hold an election to fill any vacancy which may occur among the officers of the board, or any of its employees; and the board may remove any of its employees for incompetence, negligence, or immorality, after notice and a fair hearing of the person so charged. The fiscal year of the board shall close on the last day of June, and the annual reports of the president, clerk, superintendent and of the several committees shall be presented to the board on or before the first Monday in August of each year. (Laws 1911, ch. 269, sec. 2.) SEC. 106. Clerk. That it shall be the duty of the clerk to be present at all meetings of the board, to keep an accurate journal of its proceedings, and to have the care and custody of the records, books and documents of the board, to countersign all warrants drawn upon the treasurer by order of the board, to keep an accurate account of all moneys paid to the treasurer on account of said board and all moneys paid or orders drawn on the treasurer by order of said board, and to prepare and publish an annual report showing (1) the moneys received by the treasurer since the last report, and from what source received; (2) the amount of sinking-fund, and how invested; (3) the moneys paid out, and for what; (4) the balance of general fund in the hands of the treasurer; (5) and the num ber, date and amount of any bond issued by said board and of all bonds purchased for the sinking-fund; and the clerk shall perform such other duties as the board or its committees shall require. (Laws 1911, ch. 269, sec. 3.) SEC. 107. Superintendent. That the board of education in cities of the first and second class, at such times as they may deem expedient, shall elect a superintendent of schools, who shall not be a member of said board, for a term of one or two years, as the board may choose, and whose term shall begin on the first Monday in August. The superintendent shall have charge and control of the public schools of the city, subject to the orders, rules and regulations and by-laws of the board, and shall receive for his services such compensation as the board may allow. Such superintendent shall be the holder of a state certificate valid for at least three years, or be a graduate of an accredited normal school, college or university; provided, that the qualifications herein specified shall not apply to any person holding the position of superintendent of schools in any city of the first or second class at the date when this act shall take effect. (Laws 1911, ch. 269, sec. 4.) SEC. 108. Examining Committee; Teachers. That the board of education in cities of the first and second class, at such times as they may deem expedient, shall appoint two competent persons who, with the superintendent as chairman thereof, shall be styled the examining committee of the board of education, whose duty it shall be to examine all persons who shall apply to them as teachers;17 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 the board as a teacher, unless such person is the holder of a certificate from the examining committee, signed by all or a majority of them, and setting forth that such person is competent to teach in such department18 of the public schools as may be stated in the certificate and is a person of good moral character. (Laws 1911, ch, 269, sec. 5.) SEC. 109. Use of School Buildings. The board of education of cities of the first and the second class shall have the care and keeping of all school buildings and other school properties belonging to the city school districts. They shall have author 17. Qualifications of Teachers in Cities of the First and Second Class. The school law authorizes the board of education in a city of the first or second class to examine teachers as to their qualification to teach in any given department of the public schools of such city. Said board of education has power to determine the kind and grade of the certificates and for how long valid. Certificates of this kind are valid in the city of issue only. Cities of the first and second class must recognize three-year and life certificates and diplomas issued by the State Board of Education and diplomas from the State Normal Schools. 18. After September 1, 1916, such certificates will be valid only in elementary schools. See section 52 of this book. ity to open any or all school buildings for the use of night schools, improvement associations, scientific, mechanical or agricultural societies, under such regulation as the board of education may adopt; provided that the board of education may at any time, if they think best, refuse to open any or all school buildings for any or all of these purposes. (Laws 1913, ch. 283, sec. 1.) ARTICLE II.-Cities of the First, Second and Third Class. $110. Right of eminent domain. 111. Commissioners to appraise and con- 112. Notice; report. $114. Costs. 115. County high schools. 116. Depositories for funds, cities of second and third class. SECTION 110. Right of Eminent Domain. [7859] That the right of eminent domain be and the same is hereby conferred upon the boards of education of all cities of the first and second class, all such boards having always been distinct bodies corporate, possessing the usual powers of bodies of [or] corporations for public purposes, and any school district in which is located a city of the third class. (Laws 1909, ch. 86, sec. 1.) SEC. 111. Commissioners to Appraise and Condemn Property. [7860] Whenever it shall be deemed necessary by the board of education of any city of the first or second class or any school district in which is located a city of the third class to appropriate any private property for its use for sites for school buildings, playgrounds, or any addition or extension to any school building site or playground already selected, the board of education of such city or such school board shall cause a survey, description and plat of the land so required to be made and filed with its clerk, and thereupon shall make an order declaring that the appropriation of such land is necessary and setting forth for what purposes the same is to be used. Upon the written application of the board of education of said city or school board of any school district in which is located a city of the third class, or a majority of the board, it shall be the duty of the judge of the district court of the county in which such land is situated to appoint three disinterested freeholders of such county as commissioners to condemn and appraise such lands, which appointment shall be in writing and certified to said board of education or school board, and said board shall without delay cause such application and certificate of the appointment to be recorded in the office of the register of deeds of such county; and in case any person so appointed refuses or fails to serve as such commissioner for any reason, the said district judge, upon the application of such board, shall appoint some other person having the proper qualifications to fill such vacancy. Such commissioners shall be sworn honestly and faithfully to perform their duties; and such commissioners shall proceed immediately after their ap pointment to condemn and appraise the value of the lands so selected. (Laws 1909, ch. 86, sec. 2.) SEC. 112. Notice; Report. [7861] Such commissioners shall give at least thirty days' notice of the time and place when and where the damage will be assessed, by publication for three consecutive weeks in some newspaper of general circulation published in such county that on the time fixed by such notice they will upon actual view appraise the value of the lands taken and assess any other damages to the owners thereof. Such notice shall describe the property taken and the name or names of the owner if known. The said commissioners may adjourn as often and for such length of time as may be deemed convenient, and may during any adjournment perfect and correct all errors or omissions in the giving of notice by making new publication, citing corporations or individual property owners who have not been notified, or if defective or insufficient notice has been given, a notice of any adjourned meeting shall be as effective as notice of the first meeting of the commissioners, and the commissioners shall, upon completing their duties, make and sign a report describing the land so condemned, the purpose for which it was condemned, and the appraised value thereof, which report shall be by them filed in the office of the city clerk of the city or clerk of said school district in which such land is located. And such city clerk or clerk of said school district shall immediately cause a certified copy of such report to be filed in the office of the register of deeds of the county in which such land is situated, and by such register duly recorded as other instruments of writing affecting the titles to real estate. (Laws 1909, ch. 86, sec. 3.) SEC. 113. Title to Land; Appeal. [7862] Such city clerk or clerk of such school district shall immediately cause a certified copy of such report to be filed with the clerk of such board of education or clerk of said school district. If within thirty days after such report is filed in the office of the city clerk or clerk of said school district the board of education or said school board shall pay to the county treasurer for the use of the owner of such land the amount of the appraised value thereof, the title of such land so condemned and appropriated shall immediately vest in such board of education of said school district, which shall have the right forthwith to take possession of, occupy, use and improve the same. Either party, the owner of the land or the board of education of said school district, may appeal from such appraisement to the district court in the same time and manner that appeals are taken from the judgments of justices of the peace in civil actions, except as provided in the following paragraph: The appeal bond shall be filed with and approved by the clerk of the district court in which said land so condemned and appro priated is situated, and such clerk or clerk of said district shall immediately make a transcript of the report of such commissioners and such bond and file the same with the clerk of the district court of the county in which said lands are located. (Laws 1909, ch. 86, sec. 4.) SEC. 114. Costs. [7863] That all costs and expenses of such condemnation proceedings shall be paid by such board of education or such school board out of its school fund. (Laws 1909, ch. 86, sec. 5.) SEC. 115. County High Schools. [7864] The provisions of this act shall also apply to and include boards of trustees of county high schools now or hereafter organized in the state of Kansas. (Laws 1909, ch. 86, sec. 6.) SEC. 116. Depositories for Funds, Cities of Second and Third Class. [851] That in all cities of the second and third classes the city treasurer, and also the treasurer of the board of education of cities of the second class, and the treasurer of the school board of any district in which there is a city of the third class, shall deposit all public moneys coming into their hands in their official capacity in some responsible bank or banks within said city, the same to be designated by the mayor and councilmen of such cities, and in the case of such school funds said depositories to be designated by the board of education or school board, as the case may be, in such city. Such deposit shall be made in the name of such treasurer as such officer, and such banks shall pay such interest on average daily balances as may be agreed upon, figured on even hundreds of dollars; provided, that in no case shall the rate of interest be less than two per centum per annum on such average daily balances; and provided further, that where more than one bank is designated as depository for any fund, such fund shall be equally divided by the treasurer of such fund among such banks. Before making such deposits the mayor and councilmen, the board of education or school board, as the case may be, shall take from such bank or banks a good and sufficient bond, payable to such city, board of education, or school board, as the case may be, the same to be approved by such mayor and councilmen, or board of education, or school board, as the case may be, in a sum double the largest approximate amount that may be on deposit at any one time, or the bond of some surety company empowered to do business in the state of Kansas in a sum aggregating the largest approximate sum that may be on deposit at any one time, conditioned that such deposit shall be promptly paid on the check or draft of the treasurer of such city, board of education or school board, and the bondsmen of such treasurer shall not be liable for money so deposited; but in no case shall more than one-half of the amount of said depository bond be subscribed by the officers of said bank, and such bank or banks shall on the first day of each month file |