has been wrong and that a mistake has been made in the reestablishment, the said superintendent shall have the same right to reëstablish said lines as conferred in section 1 herein, notwithstanding the attempted reëstablishment heretofore

made.

SEC. 110. Annual Report. [7384.] He shall, on or before the 15th of October of each year, make out and transmit in writing to the state superintendent of public instruction a re- port bearing date October 1, containing a statement of the number of school districts 64 or parts of districts in the county, and the number of children and their sex, resident in each, over the age of five and under the age of twenty-one years;65 a statement of the number of district schools in the county, the length of time a school has been taught in each, the number of scholars attending the same, their sex, the branches taught. and the text-books used, the number of teachers employed in the same, and their sex; a statement of the number of private or select schools in the county, so far as the same can be ascertained, and the number of teachers employed in the same, their sex, and the branches taught; a statement of the number of graded schools in the county, the length of time school has been taught in each, and the number of scholars attending the same, their sex, and the branches taught, the number of teachers employed in the same, and their sex; a statement of the condition of the normal school, where such school has been established, the number of students attending the same, their sex, and the number of teachers employed in the same, and their sex; a statement of the county normal institute; a statement of the number of academies and colleges in the county, and the number of students attending the same, and their sex, the number ⚫ of teachers employed in each, and their sex; a statement of the amount of public money received in each district or parts of districts, and what portion of the same, if any, has been appropriated to the support of graded schools; a statement of the amount of money raised in each district by tax and paid for teachers' wages, in addition to the public money paid therefor; the amount of money raised by tax or otherwise for the purpose of purchasing school site, for building, hiring, purchasing, repairing, furnishing or insuring such schoolhouse, or for any other purpose allowed by law, in the district or parts of districts. (Laws 1881, ch. 152, sec. 5.)

64. Joint districts are reported by the superintendent under whose supervision the districts exist.

65. The annual reports of county superintendents constitute the basis upon which the state superintendent disburses the semiannual dividends to the several counties. If any county superintendent, therefore, fails to make his annual report, as required by law, the county loses its share of the state school fund, and the county superintendent becomes responsible to the county for the amount.

SEC. 111. Compensation. [Laws 1911, ch. 279, sec. 1.] The county superintendents of public instruction shall be allowed by the board of county commissioners of their respective counties, as full compensation for all their services in the performance of the duties required by them by statute, the following sums and no more, to be paid out of the county treasury in monthly or quarterly installments; said compensation shall be fixed by the board of county commissioners at the first meeting in July of each year, based on the enumeration of the school enumerator for that year, and the salary so fixed shall begin on July 1st of that year.

SEC. 112. Salary Schedule. [Laws 1911, ch. 279, sec. 2.] In counties having a school population 66 of less than 500 the county superintendent shall receive for each day actually employed in the discharge of his duties in his office the sum of three dollars per day for a number of days not to exceed 180 in any one year; in counties having a school population of from 500 to 1000 he shall receive the sum of three dollars per day for a number of days not to exceed 200 in any one year; in counties having a school population of 1000 to 1500 he shall receive the sum of $750 per annum; in counties containing more than 1500 persons of school age, exclusive of those in cities of the first and second class, he shall receive $800 and $20 per annum for each one hundred persons of school age in excess of said 1500 up to the sum of $1200; provided, that in each county the county commissioners shall add to the salary hereinbefore provided the sum of one dollar per annum for each teacher employed in the county, exclusive of those employed in cities of the first and second class; provided, that in counties of 70,000 or more population the salary of the county superintendent shall be $1800 per annum; provided further, that if the county superintendent shall fail to spend at least one hour in each school during the year, so as to observe for at least one hour the work of each teacher under his supervision, the county commissioners shall deduct from the last quarterly installment the sum of five dollars for each delinquency.

SEC. 113. Traveling Expenses. [7386.] That the county superintendents of the several counties in the state of Kansas shall receive the sum of one dollar per school per annum as traveling expenses in visiting said schools; provided, in no case shall any county superintendent receive traveling expenses for schools not visited. (Laws 1901, ch. 191, sec. 1.)

SEC. 114. Miscellaneous Expenses. [7386.] He shall also be entitled to all money actually expended for stationery, postage, freight, and express. All money paid out of the

66. "School population" is held to mean the enumeration taken annually by school-district clerks for the annual report. Such enumeration for each year should constitute the basis for the superintendent's salary for the ensuing year, beginning the first day of July.

county treasury for this purpose shall be out of the general fund of the county. (Laws 1901, ch. 191, sec. 2.)

SEC. 115. Vacancy in Board. [7387.] Should a vacancy occur in the board of directors of any school district, it shall be the duty of the county superintendent to appoint some suitable person, a resident of the district, to fill the same, and the person so appointed shall continue in office until the next annual meeting thereafter, and until his successor is elected and qualified. (Laws 1881, ch. 152, sec. 7.)

SEC. 116. Vacancy in Office of County Superintendent. [Laws 1911, ch. 278, sec. 1.] That section 7388 of the General Statutes of Kansas, 1909, is hereby amended to read as follows: Sec. 7388. When a vacancy occurs in the office of county superintendent of public instruction by death, resignation or otherwise, notice thereof shall be given by the county clerk to the board of county commissioners, who shall as soon as practicable appoint some suitable person to fill the vacancy; provided, that if the board of county commissioners are unable to make such appointment from the residents of the county, the county clerk shall notify the state superintendent of public instruction, who shall appoint some legally qualified person who is a resident of Kansas to fill the said vacancy, regardless of the place of residence of such person; and the person receiving such appointment shall before entering upon the discharge of the duties of the office acquire a residence in said county by removing thereto, and shall file his oath or affirmation and bond in the county clerk's office as provided by law, and shall hold his office until his successor is elected and qualified.

SEC. 117. Clerks' Reports. [7389.] He shall see that the annual reports of the clerks of the several school districts and parts of districts in his county are made correctly and in due time. (Laws 1881, ch. 152, sec. 9.)

SEC. 118. Oaths. [7390.] County superintendents shall have power to administer oaths in all cases in which an oath is made necessary by any provision of the school law, except in the qualifying of county superintendents and their sureties. (Laws 1881, ch. 152, sec. 10.)

SEC. 119. Purchase of Records. [7391.] The county superintendent of public instruction of the respective counties in this state may purchase, for each organized school district in his county not having sufficient records, one set of school-district records, consisting of district clerk's records and orderbooks, district treasurer's book, and a teacher's daily register. Each of said books shall contain such printed forms and instructions as will enable the teacher and the school-district officers to perform with correctness and accuracy their several duties as required by law; provided, the entire set of said records as above enumerated shall not exceed in cost four dol

lars for each set; and the said superintendent shall draw his order or warrant on the county treasurer in favor of the person he purchases said books of, for the amount of the purchase-money, and it is hereby made the duty of said county treasurer to pay said warrant or order out of any money in his hands belonging to the respective districts in his county; provided, that no funds in the hands of the county treasurer belonging to the several school districts in his county shall be diverted from the object for which said fund was raised; and the said superintendent shall deliver the said books to the district board of each district. (Laws 1881, ch. 152, sec. 11.)

SEC. 120. Forming and Changing Districts.67 [7392.] It shall be the duty of the county superintendent of public instruction to divide the county into a convenient number of school districts, and to change such districts when the interests of the inhabitants thereof require it,68 but only after twenty days' notice thereof, by written notices posted in at least five public places in the district to be changed; but no new school district shall be formed containing less than fifteen persons of school age,69 no district shall be so changed as to reduce its school population to less than fifteen, and none having a bonded indebtedness shall be so reduced in territory that such indebtedness shall exceed five per cent of their assessed property valuation;70 provided, that any person interested may appeal to the board of county commissioners from the action of the county superintendent; and provided further, that the restrictions as to school population and assessed valuations of this section shall not prevent desirable changes in school-district boundaries when the proposed alteration of boundaries is approved by the board of county commissioners. The county superintendent shall number school districts when they are formed; and he shall keep in a book for that purpose a description of the boundaries of

67. The fact that the district boundary has been changed by legislative act or a district disorganized by legislative act in no respect modifies the power of the county superintendent as conferred by this section.

68. It is very desirable that the people concerned should be consulted, and the arguments on both sides carefully considered, before making important changes. After a district has issued bonds to build or purchase a schoolhouse, alterations should be discouraged until the bonds are paid. except in cases where imperative necessity demands a change. The object should be to establish strong and permanent districts.

69. New districts cannot be formed with less than fifteen persons of school age.

70. The territory that comprised a school district at the time of the creation of the bonded indebtedness is the territory liable to pay the bonds, regardless of disorganization, consolidation or changing of boundaries. Territory attached to a district is not liable to pay the bonded indebtedness of that district prior to the attachment of the territory. Detachment of territory does not increase bonded indebtedness as is intimated.

each school district and part of district in his county, with plat of the same, date of organization, date and full record of all changes of boundaries, and a list of district officers in his county, the date of election or appointment, and the time the term of each is to expire. (Laws 1907, ch. 329, sec. 1.)

SEC. 121. Aggrieved Persons. [7401.] If in the formation or alteration of, or refusal to form or alter school districts, any person or persons shall feel aggrieved, such person or persons may appeal to the board of county commissioners, who shall confer with the county superintendent, and their action shall be final; provided, that notice of such appeal"1 shall be served on the county superintendent within ten days of the time of posting of the notices of the formation or alteration of such district; such notice shall be in writing, and shall state fully the objections to the action of the county superintendent, a copy of which shall be filed with the county clerk, and also with the clerks of all districts affected by such alteration; and provided also, that such appeal shall be heard and decided by the majority of the board of county commissioners at their next regular meeting; and if such appeal is not sustained by them, the county superintendent shall proceed to appoint the time and place for said first district meeting, which shall then proceed as by law required. (Laws 1876, ch. 122, art. 3,

sec. 5.)

SEC. 122. Notice of First Meeting. [7393.] Whenever a school district shall be formed in any county, the county superintendent of public instruction of such county shall, within fifteen days thereafter, prepare a notice of the formation of such district, describing its boundaries, and stating the number thereof. He shall cause the notices thus prepared to be posted in at least five public places in the district, and, in case there shall be no appeal, shall in ten days thereafter in like manner appoint a time and place for a special district meeting, for the election of officers and the transaction of such business as is prescribed by law for special school-district meeting. (Laws 1881, ch. 152, sec. 13.)

SEC. 123. Division of Property. [7400.] When a new district is formed, in whole or in part, from one or more districts possessing a schoolhouse or entitled to other property, such new district shall be formed only between April 1 and September 1 of the same year, and the county superintendent shall determine the value of the school property of the school district, including taxes due, and deducting all indebtedness except

NOTE. See section 174 for the valuation requirement for the formation of new districts or the alteration of district boundaries.

71. No appeal can be made to the county commissioners unless the county superintendent posts notices of the formation or alteration of a school district.