Collected and paid over. Same, 2 7. Treasurer of board to give kept. Same, 2 8. the amount of five mills on the dollar on the taxable property of the county, and, when the tax is levied for the payment of teachers' wages and contingent expenses only, shall not exceed two mil's on the dollar. SEC. 1703. The said tax shall be levied and collected in the same manner as other county taxes, and when collected the county treasurer shall the same to the treasurer of the county high school, in the same manner that school funds are paid to the district treasurers as required by law. pay SEC. 1704. The said treasurer of the high school shall give such additional bond as the board of trustees may deem sufficient, bond: accounts and receive all moneys from the county treasurer and from other parties that belong to the funds of said school, and pay the same out only by direction of the board of trustees upon orders duly executed by the president, countersigned by the secretary thereof, stating the purpose for which they were drawn. Both the secretary and treasurer shall keep an accurate account of all moneys received and expended for said school; and at the close of each year, and as much oftener as required by the board, they shall make a full statement of the financial affairs of the school. Trustees to select site: purchase mater tracts. Same, ¿ 9. Sec. 1705. The said board of trustees shali proceed, as soon as practicable after their appointment as aforesaid, to select the best site, in accordance with the vote of the county, that can be inls; make con- obtained without expense to the same, and the title thereof shall be vested in said county. They shall then proceed to make such purchases of material, and to let such contracts for their necessary school buildings as they may deem proper, but shall not make any purchase or contract in any year to exceed the amount on hand and to be raised by the levy of tax that year. to SEC. 1706.. When said board of trustees shall have furnished Trustees teach- a suitable building for the school, they shall employ some compeers: schools en- tent teacher to take charge of the same, and furnish such assistant couraged. Same, ¿ 10. teachers as they deem necessary, and provide for the payment of their salaries. As far as practicable, model schools shall be encouraged, and advanced students and those preparing to become teachers may be employed a portion of their time in teaching the younger pupils, in order that they may become familiar with the practice as well as theory of successful school-teaching, and also avoid, as far as practicable, the expense of employing other assistant teachers. residents of County: trus- SEC. 1707. Tuition shall be free to all pupils of such school Tuition free to residing in the county where the same is located. The board of trustees, however, shall make such general rules and regulations as they deem proper in regard to age and grade of attainments essential to entitle pupils to admission in the school. If there should be more applicants than can be accommodated at any time, each district shall be entitled to send its equal proportion of pupils according to the number of pupils it may have, as shown by the last report to the county superintendent of common schools. And the boards of the respective school districts shall designate such pupils as may attend. Pupils from other counties admitted. Same, @ 12. SEC. 1708. If, at any time, the school can accommodate more pupils than apply for admission from that county, the vacancies may be filled by applicants from other counties, upon the pay ment of such tuition as the board of trustees may prescribe; but at no time shall such pupils continue in said school to the exclusion of pupils belonging in the county in which such high school is situated. SEC. 1709. The principal of any such high school, with the Rules. approval of the board of trustees, shall make such rules and regulations as he deems proper in regard to the studies, conduct, and government of the pupils under his charge, and if any such pupils will not conform to and obey the rules of the school, they may be suspended or expelled therefrom by the board of trustees. visors: con SEC. 1710. The said board of trustees shall, annually, make a Trustees to re report to the board of supervisors of their county, which shall port to superspecify the number of students, both male and female, who have tents. been in attendance at the county high school during the year, the Same, 2 15. branches of learning taught, the text-books used, the number of teachers employed, the amount of salary paid to them, the amount expended for library and apparatus, and for buildings and all other expenses; also the amount of funds on hand, debts unpaid, and other information deemed important or expedient to report. Said report shall be printed in at least one newspaper in the county, if any is published therein, and a copy of the report shall be forwarded to the state superintendent of public instruction. board filled by SEC. 1711. The board of supervisors shall have power to fill Vacancies in any vacancy that may occur in the board of trustees of that county supervisors. by appointment, until the next general election, and a majority of Same, 16. any such board of trustees shall be a quorum for the transaction of business. of trustees, SEC. 1712. The board of supervisors may allow each member Compensation of the board of trustees the sum of two dollars per day for the same, é 17. time actually employed in the discharge of his official duties, and when such accounts are presented for payment, they shall be audited and paid out of the county treasury in the same manner as other accounts against the county, and said trustees shall not be entitled to any further remuneration for services or expenses. CHAPTER 9. OF THE SYSTEM OF COMMON SCHOOLS. 2022. 9 G. A. ch. 172, SECTION 1713. Each civil township now or hereafter organized, school districts. and each independent school district organized as such prior to the taking effect of this code, is hereby declared a school district 21. for all the purposes of this chapter, subject to the provisions here inafter made. It is contemplated that school dis- | tricts shall coincide in boundary with civil townships. The only exception is found in § 1797. But no such re striction exists upon the formation of SEC. 1714. When an organized district has been left without When no offi- officers, the township trustees shall give such notice for a special election of directors, as is required in cases of regular district elections; and the persons elected shall continue in office until their successors are duly elected and qualified. cers: how sup- trict: appor tionment of assets and lia bilities. Same, 4. 21. SEC. 1715. When changes in civil township boundaries are Division of dis- made, or any district shall be divided into two or more entire townships for civil purposes, the existing board of directors shall continue to act for both or all the new districts, or parts of districts, until the next regular district election thereafter, at which 14. A. ch. 133, time the new district townships shall organize by the election of directors. The respective boards of directors shall, immediately after such organization, make an equitable division of the then existing assets and liabilities between the old and new districts; and in case of a failure to agree, the matter may be decided by arbitrators, chosen by the parties in interest. A similar division shall be made in case of the formation or changes of boundaries of independent districts. Body corpo rate. R. 2026. C. '51, 1108. Dist. of Lowell v. Ind. Sch. Dist. of The failure to agree" referred to is a disagreement among the directors, acting as such tribunal, and not a failure of the new districts to agree: Ibid. The directors constitute a special | tribunal to make division of assets and liabilities. Their jurisdiction for that purpose is exclusive, and their decision cannot be collaterally attacked: Ind Sch. Dist. of Oakville v. Ind. Sch. Dist. of Asbury, 43-444; | Dist. Tp of Viola v. Dist. T'p of School-houses and real estate used Audubon, 45-104. If this tribunal for school purposes are to be taken fail to act it may be compelled to do into account in making the division so by mandamus, but appeal from of assets; but the division need not its decision cannot be had to the result in the partition of such real courts: Ibid. Appeal from such estate: Dist. T'p of Williams v. Dist. action may be taken, however, to the T'p of Jackson, 36-216. county superintendent: Ind. Sch. SEC. 1716. Every school district which is now, or may hereafter be organized, is hereby made a body corporate by the name of the "district township," or "independent district," (as the case and in that name SGA Ch.172, may be), of........, in the county of....... may hold property, become a party to suits and contracts, and do 11 G. A. ch. 33. other corporate acts. 25. A district township is a political | indebtedness of political and nucorporation within the meaning of nicipal corporations: Winspear v. Const., art. 11, § 3, fixing the limit of Dist. T'p of Holman, 37–542. SEC. 1717. Each district township shall hold an annual meetAnnual meet- ing on the second Monday in March, and the electors of the district, when legally assembled at such meeting, shall have the following powers: ing. R. 2027-8, 2033. C. '51, 1114, 1115. 9 G. A. ch. 172, 26, 7, 16. 11 G. A. ch. 143, 221, 2. 14 G. 4, ch. 84. Powers. 1. To appoint a chairman and secretary in the absence of the regular officers; 2. To direct the sale or other disposition to be made of any school house or the site thereof, and of such other property, personal and real, as may belong to the district; to direct the manner in which the proceeds arising therefrom shall be applied; to determine what additional branches shall be taught in the schools of the district; or to delegate any of these powers to the board of directors; 3. To vote such tax, not exceeding ten mills on the dollar in any one year, on the taxable property of the district township, as the meeting shall deem sufficient for the purchase of grounds and the construction of the necessary school-houses for the use of the district, and for the payment of any debts contracted for the erection of school houses, and for procuring district libraries; 4. To instruct the board of directors to transfer any surplus in the school house fund, not appropriated, to either the contingent or teachers' fund. [As amended by adding subdivision 4; 18th G. A., ch. 63.] previous vote of the directors, (§ Under the power to direct the sale or other disposition of the school-house, etc., the electors may authorize the use of such house for purpose of religious worship, Sabbath-schools, etc.: Daris v. Boget, 50-11; Townsend v. Hagan, 35-194. A contract to repair a schoo'-house may be made by the board without a The taxes for contingent and teachers' funds are to be estimated and certified by the board of directors under § 1777, and a vote of such tax by the electors, under this section, is not valid: C. R. & M. R. R. Co. v. Carroll Co., 41-153. The board of directors may incur indebtedness, etc., in carrying out the vote of the township: See note to § 1723. school building: special meeting of directors. SEC. 1717. When a school district, by fire or otherwise, has Destruction of been deprived of a school building, and the board of directors of such district, by the use of the powers in them vested, are unable to provide for the continuance of the school therein; then such board of directors shall call a meeting of such district. The manner of calling such meeting, and the powers of such meeting shall be as follows: 1st. The board of directors shall cause to be posted in three public places in such district, at least ten days prior to the designated time of holding such meeting, written notices of such meeting, in which shall be stated the time and place of such meetings, and the object or purpose for which same is called. Notice. 2nd. The powers of such meeting shall be the same as is pre- Powers. scribed in section seventeen hundred and seventeen hereof, except those powers which are set forth in paragraph two, after the word "applied" in the fourth line thereof, and in paragraph three, after the word "district" in the fifth line thereof. [The foregoing section inserted; 18th G. A., ch. 84.] SUB-DISTRICTS. R. 3 2030. SEC. 1718. The several sub-districts shall, annually, on the first Meetings of Monday in March, hold a meeting for the election of a sub-di- G. A. ch. 172, rector, five days' notice of which meeting shall be given by the 28. then resident sub-director, or, if there is none, by the district secretary, posting a written notice in three public places therein, and such notice shall state the hour of meeting. [The words "or before" in the first line of the section in the printed code are omitted in accordance with the "errata given in that volume.] Chairman and SEC. 1719. At the meeting of the sub-district, a chairman and secretary ap secretary shall be appointed, who shall act as judges of the elec- pod tion, and give a certificate of election to the sub-director elect. C. 51, 1111. 22031. Same, ¿ 9. When there is a tie between two persons for the office of subdirector, the secretary shall notify the secretary of the district township board of such tie vote, and shall notify said persons to appear at the regular meeting of the board on the third Monday in March to determine the tie vote by lot before one or more members of the board elected, and the certificate of election shall be given accordingly. Should either party fail to appear or take part in the lot, the secretary shall draw for him. [As amended by adding the provision as to a tie vote: 18th G. A., ch. 7, $1] The proceedings here contemplated | minutes after they were closed, held. are a meeting, and also an election; that the proceedings were invalid: and where the polls were only kept | The State v. Wollem, 37–131. open forty minutes, and votes were See § 1789 and note. refused, which were offered a few SEC. 1720. In all district townships comprising but one subdistrict, the board of directors shall consist of three sub-directors; and in all district townships comprising but two sub-districts it shall consist of one sub-director chosen from each sub-district, and one from the district township at large, who shall in both cases be elected in the manner provided by law for the election of one sub-director from each sub-district. The judges of the respective sub-district election shall canvass the votes for subdirector chosen from the district township at large, and shall issue a certificate of election to the person elected. to [Sixteenth General Assembly, Chapter 136.] SEC. 1. No person shall be deemed ineligible by reason of sex, any school office in the state of Iowa. SEC. 2. No appointed to the office of county superintendent of common schools or school director in the state of Iowa, shall be deprived of office by reason of sex. who may person have been or shall be elected or There is nothing in the constitution | to make good, retrospectively, acts prohibiting women from holding such which it had power to authorize in offices. The legislature has power | advance: Huff v. Cook, 44–639. SEC. 1721. The sub-directors of the several sub-districts shall constitute a board of directors for the district township, and shall enter upon their duties upon the day fixed for the regular meeting of the board in March, at which time they shall organize by electing from their own number a president, who shall simply be entitled to a vote as a member of the board, and from the district township at large, at their regular meeting on the third Monday of September in each year, a secretary and treasurer, unless there are at least five sub-directors in the district township, in which case they may be selected from the board; and said secretary and treasurer thus elected shall qualify and enter upon the duties of their respective offices within ten days following the date of their election. If selected from the district township at large, they shall have no vote in the proceedings of the board. [A substitute for the original section; 15th G. A., ch. 27.] SEC. 1722. The board of directors shall hold their regular meetings on the third Monday in March and September of each may hold such special meetings as occasion may require, at the call of the president or by request of a majority of the year, and |
