State Superintendent of Public Instruction.

S$ 7-10

provide for the education of the Indian children of the state, as required by the provisions of this act.

§ 7. The superintendent may, in his discretion, appoint persons to visit and examine all or any of the common schools in the county where such persons reside, and to report to him all such matters respecting their condition and management, and the means of improving them, as he shall prescribe; but no allowance or compensation shall be made to such visitors for their services or expenses.

§ 8. So often as he can, consistently with his other duties, he shall visit such of the common schools of the state as he shall see fit, and inquire into their course of instruction, management and discipline, and advise and encourage the pupils, teachers and officers thereof.

9. He shall submit to the legislature an annual report containing:

1. A statement of the condition of the common schools of the state, and of all other schools and institutions under his supervision, and subject to his visitation as superintendent.

2. Estimates and accounts of expenditures of the school moneys, and a statement of the appointment of school moneys made by him.

3. All such matters relating to his office, and all such plans and suggestions for the improvement of the schools and the advancement of public instruction in the state, as he shall deem expedient.

10. He may grant under his hand and seal of office a certificate of qualification to teach, and may revoke the same. While unrevoked, such certificate shall be conclusive evidence that the person to whom it was granted is qualified by moral character, learning and ability, to teach any common school in the state. Such certificate may be granted by him only upon examination. He shall determine the manner in which such examination shall be conducted, and may designate proper persons to conduct the same, and report the result to him. He may also appoint times and places for holding such examinations, at least once in each year, and cause due notice thereof to be given. Every such certificate so granted shall be deemed and considered a legal license and authority to teach in any of the public schools-of this state, without further examination of the person to whom the same was granted, any provision of law in conflict

with this provision to the contrary notwithstanding. He may also, in his discretion, issue a certificate without examination, to any graduate of a college or university who has had three years' experience as a teacher. Such last-mentioned certificate shall be known as the "college graduate's certificate," and may be revoked at any time for cause. He may also, in his discretion, indorse a diploma issued by a state normal school or a certificate issued by a state superintendent or state board of educa tion in any other state, which indorsement shall confer upon the holder thereof the same privileges conferred by law upon the holders of diplomas or certificates issued by state normal schools or by the state superintendent in this state. He may also issue temporary licenses to teach, limited to any school commissioner district or school district, and for a period not exceeding six months whenever, in his judgment, it may be necessary or expedient for him to do so.

§ 11. Upon cause shown to his satisfaction, he may annul any certificate of qualification granted to a teacher by a school commissioner, or declare any diploma issued by a state normal school ineffective and null as a qualification to teach a common school within this state, and he may reconsider and reverse his action in any such matter.

§ 12. He shall prepare and keep in his office alphabetical lists of all persons who have received, or shall receive, certificates of qualification from himself, or diplomas of the state normal schools, with the dates thereof, and shall note thereon all annulments and reversals of such certificates and diplomas, with the dates and causes thereof, together with such other particulars as may be expedient.

13. Whenever it shall be proved to his satisfaction that any school commissioner or other school officer has been guilty of any willful violation or neglect of duty under this act, or any other act pertaining to common schools, or willfully disobeying any decision, order or regulation of the superintendent, the superintendent may, by an order under his hand and seal, which order shall be recorded in his office, remove such school commissioner or other school officer from his office. Said superintendent may also withhold any share of public money of the state from any district for willfully disobeying any decision, order or regulation as aforesaid, or when authorized by any provision of this act.

School Moneys, Apportionment and Distribution.

§§ 1-2

§ 14. He shall prepare suitable registers, blanks, forms and regulations for making all reports and conducting all necessary business under this act, and shall cause the same, with such information and instructions as he shall deem conducive to the proper organization and government of the common schools and the due execution of their duties by school officers, to be transmitted to the officers and persons intrusted with the execution of the same.

15. The superintendent may administer oaths and take affidavits concerning any matter relating to the schools.

TITLE II.

State and Other School Moneys, Their Apportionment and Distribution, and of Trusts and Gifts for the Benefit of Common Schools.

ARTICLE I.

OF THE STATE SCHOOL MONEYS AND THEIR APPORTIONMENT BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION, AND PAYMENT TO COUNTY AND CITY TREASURERS.

SECTION 1. There shall be raised by tax, in each year, upon the real and personal estate of each county within the state, such sum as the legislature shall annually determine necessary for the support of common schools in the state; and the proceeds of such tax shall be apportioned and distributed as herein provided.

§ 2. The moneys so raised shall be paid into the state treasury, and the treasurer may transfer them from one depository to another, by his draft, countersigned and entered by the superintendent of public instruction. On the first working day of each month the treasurer shall make to the superintendent of public instruction a written statement of the condition of the free school fund, showing the amount received and paid during the preceding month, and the balance remaining on hand. The bank in which such moneys are deposited shall furnish the superintendent of public instruction a book, in which the officers of such banks shall make entries of all sums deposited therein by the treasurer, from time to time, to the credit of said free school fund. No such money shall be paid out of the treasury except upon such warrant of the superintendent, countersigned by the comptroller, referring to the law under which it is drawn. The

superintendent shall countersign and enter all checks drawn by the treasurer in payment of his warrants, and all receipts of the treasurer for such money paid to the treasurer, and no such receipt shall be evidence of payment unless it be so countersigned.

3. The comptroller may withhold the payment of any moneys to which any county may be entitled from the appropriation of the incomes of the school fund and the United States deposit fund for the support of common schools, until satisfactory evidence shall be furnished to him that all moneys required by law to be raised by taxation upon such county, for the support of schools throughout the state, have been collected and paid or accounted for to the state treasurer; and whenever, after the first day of March in any year, in consequence of the failure of any county to pay such moneys on or before that day there shall be a deficiency of moneys in the treasury applicable to the payment of school moneys, to which any other county may be entitled, the treasurer and superintendent of public instruction are hereby authorized to make a temporary loan of the amount so deficient, and such loan, and the interest thereon at the rate of twelve per cent. per annum, until payment shall be made to the treasury, shall be a charge upon the county in default, and shall be added to the amount of state tax, and levied upon such county by the board of supervisors thereof at the next ensuing assessment, and shall be paid into the treasury in the same manner as other taxes.

4. The moneys raised by the state tax or borrowed as aforesaid to supply a deficiency thereof, and such portion of the income of the United States deposit fund as shall be appropriated, and the income of the common school fund, when the same are appropriated to the support of common schools, constitute the state school moneys, and shall be divided and apportioned by the superintendent of public instruction, on or before the twentieth day of January in each year as hereinafter provided; and all moneys so apportioned, except the library moneys, shall be applied exclusively to the payment of teachers' wages.

§ 5. He shall apportion and set apart from the free school fund appropriated therefor the amounts required to pay the annual salaries of the school commissioners elected or elective under this act, to be drawn out of the treasury and paid to the several commissioners as hereinafter provided; and he shall also appor

tion to each of the cities of the state, and to each of the incorporated villages of the state having a population of five thousand and upwards, and to each union free school district having a like population, which employs a superintendent of schools, out of the income of the said fund, and if insufficient, the deficiency out of the free school fund so appropriated, the sum of eight hundred dollars; and in case any city is entitled to more than one member of assembly, according to the unit of representation adopted by the legislature, five hundred dollars for each additional member of assembly, to be expended according to law for the support of the public schools of the city. But said superintendent shall make no allotment to any city or district for the expenses of a superintendent unless satisfied that such city village or district, employs a competent person as superintendent whose time is exclusively devoted to the general supervision of the public schools of said city, village or district; nor shall he make any allotment to any district in the first instance without first causing an enumeration of the inhabitants thereof to be made, which shall show the population thereof to be at least five thousand, the expense of which enumeration, as certified by said state superintendent, shall be paid by the district in whose interest it is made. He shall then set apart, from the income of the United States deposit fund, for and as library moneys, such sums as the legislature shall appropriate for that purpose. He shall also set apart from the free school fund a sum, not exceeding six thousand dollars, for a contingent fund. He shall then set apart and apportion, for and on account of the Indian schools under his supervision, a sum which will be equitably equivalent to their proportion of the state school money, upon the basis of distribution established by this act, such sum to be wholly payable out of the proceeds of the state tax for the support of common schools. After deducting the said amounts he shall divide the remainder of the state school moneys into two parts, and shall apportion them as hereinafter specified.

§6. He shall apportion one part of such remainder equally among the school districts and cities from which reports shall have been received in accordance with law, as follows: Making the distributive portion of each district quota one hundred dollars. To entitle a district to a distributive portion or district quota, a qualified teacher, or successive qualified teachers, must have actually taught the common school of the district for at