Toledo. the manner hereinafter specified, provided however, that no proceedings shall be had to annex any village, hamlet or territory lying contiguous and adjoining any city of the third grade of the first class, unless the majority of all the owners of real estate residing in such village, hamlet or territory sought to be annexed shall petition therefor, and which petition shall be filed with the clerk of such city. SECTION 2. That section 1599 of the Revised Statutes be, and the same is hereby repealed. SECTION 3. This act shall take effect and be in force from and after its passage. W. S. MCKINNON, Employers' libiality for personal injury to employe notwithstanding negligence of fellow servant. [House Bill No. 31.] AN ACT To make employers of workmen liable in damages for injuries caused by negligence in the inspection and repair of machinery, etc. Be it enacted by the General Assembly of the State of Ohio: SECTION I. An employer shall be responsible in damages for personal injury caused to an employe, who is himself in the exercise of due care and diligence at the time, by reason of any defect in the condition of the machinery or appliances connected with or used in the business of the employer, which arose from, or had not been discovered or remedied owing to the negligence of the employer, or of any person in the service of the employer, entrusted by him with the duty of inspection, repair, or of seeing that the machinery or appliances were in proper condition. SECTION 2. This act shall take effect and be in force from and after its passage. W. S. MCKINNON, Speaker of the House of Representatives. Passed April 4. 1902. President pro tem. of the Senate. 96G [House Bill No. 327.] AN ACT To amend and supplement section 4007 and to amend sections 4009, 4009-1, and 4009-2 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 4007 be amended and sup- Schools and plemented, and sections 4009, 4009-1 and 4009-2 of the Re-enforced: vised Statutes of Ohio be amended so as to read as follows: elementary Sec. 4007. Each board of education shall establish Sufficient a sufficient number of elementary schools to provide for the schools must free education of the youth of school age within the dis- be provided. trict under its control, at such places as will be most convenient for the attendance of the largest number of such youth, and shall continue each and every elementary day school so established not less than twenty-four nor more than forty weeks in each school year; and each township board of education shall establish and maintain at least one elementary school in each subdistrict under its control, unless other provision is made by the board, as authorized by law. school defined. Sec. 4007-1. An elementary school is hereby defined as Elementary 1 school in which instruction and training are given in spelling, reading, writing, arithmetic, English grammar and composition, geography, history of the United States including civil government, and physiology; but nothing herein. shall be construed as abridging the power of boards of education to cause instruction and training to be given in vocal music, drawing, and other branches which they may deem advisable for the best interests of the schools under their charge. defined. Sec. 4007-2. A high school is hereby defined as a school High school of higher grade than an elementary school, in which instruction and training are given in approved courses in the history of the United States and other countries; composition, rhetoric. English and American literature; algebra and geometry; natural science, political or mental science, ancient or modern foreign languages, or both, commercial and industrial branches, or such of the above named branches as the length of its curriculum may make possible, and such other branches of higher grade than those to be taught in the elementary schools, and such advanced studies and advanced reviews of the common branches as the board of education may direct. defined. Sec. 4007-3. A college is hereby defined as a school of College a higher grade than a high school, in which instruction in the high school branches is carried beyond the scope of the high school and other advanced studies are pursued, or a school in which special, technical or professional studies are pursued, and which may, when legally organized, have the right to confer degrees in agreement with the terms of the law regulating its practices or its charter; or in the want of legislative direction, in agreement with the practices of High schools classified. First grade. the better institutions of learning of their respective kinds in the United States. Sec. 4007-4. The high schools of the state of Ohio shall be classified into schools of the first, second, and third grades; and all courses of study offered in such high schools shall be in branches enumerated in section 4007-2 of the Revised Statutes of Ohio. A high school of the first grade shall be a school in which the courses offered shall cover a period of not less than four years, of not less than thirty-two weeks each, in which not less than sixteen courses shall Second grade. be required for graduation; a high school of the second grade shall cover a period of not less than three years, of not less than thirty-two weeks each, in which not less than twelve courses of study shall be required for graduation; a high school of the third grade shall cover a period of not less than two years, of not less than twenty-eight weeks each, in which not less than eight courses of study shall be required for graduation, and all public schools of a less grade shall be denominated as elementary schools. A course of study shall consist of not less than four recitations a week continued throughout the school year. Third grade. Diploma to be given to graduate of high school. Certificate as to grade of school. Admission without examination to professional school. Exception. Who eligible to take examination for admission to bar or to enter professional school. Exception. Sec. 4007-5. A diploma shall be granted by the board of education to any one completing the curriculum in any high school, which diploma shall state the grade of the high school issuing the said diploma as certified by the state commissioner of common schools, and shall be signed by the president and clerk of the board of education, the superintendent and the principal of the high school, if such there be, and shall bear the date of its issue. A certificate shall also be issued to the holder of each diploma in which shall be stated the grade of the high school, the names and extent of the studies pursued and the length of time. given to each said study to be certified to in the same manner as set forth for a diploma. And any holder of a diploma from a high school of the first grade shall be entitled to a certificate of admission without examination to any college of law, medicine, dentistry, or pharmacy in the state of Ohio, when the holder thereof shall have completed such courses in science and language as shall be prescribed by the legally constituted authorities regulating the entrance requirements of said college; except such privately endowed institutions which may require a higher standard for entrance examinations than herein provided. And any holder of a diploma from any grade of high school or of a teacher's certificate from a county or city board of teachers' examiners, when such holder has pursued his studies under private tutorage or in an office, shall be eligible to take the examination for admission to the practice of law or to take the examination prescribed to enter a college of law, medicine, dentistry or pharmacy; except such privately endowed institutions which may require a higher standard for entrance examinations than herein provided. 1 as to character of high school to be furnished state of common schools by of education. Sec. 4007-6. It shall be the duty of the clerk of the Information board of education of each district in which a high school is established and maintained to furnish to the state commissioner of common schools definite and accurate infor- commissioner mation concerning the length of time necessary for the completion of the high school curriculum or curriculums, clerk of board the courses of instruction offered therein, and such other information as said commissioner may require in relation to the high school work of the. district, and in the form and manner he may prescribe. Said information shall be When filed not later than the first day of September, 1902, and as high schools are hereafter established or any changes made in the curriculums, such establishment or changes with full information must be immediately reported as above provided and it shall be the duty of the said state. commissioner of common schools, upon examination of the information thus filed, or after personal inspection of work done if he shall deem the same advisable, or both, to de- Certificate as termine the grade of each such high school and to certify, under the seal of his office, to the clerk of the board of education his finding as to the grade of the high school maintained by such board of education. The said commissioner is also authorized to withhold his approval of any curriculum, when it shall appear to him that the same does not comply with the legal and reasonable requirements, and when it shall appear that any curriculum, which has already been approved, has been so modified as to change the grade of the high school, either by advancing or reducing the grade thereof, he shall certify his finding, and all diplomas issued thereafter shall bear the grade so designated by him. And after the first day of February, 1903, no school then maintained shall be considered a high school that has not furnished the information and received the certificate as provided above and shall not be entitled to the privileges and exceptions provided by law for high schools. to grade of school. Penalty for information failure to give required by this section. Any board of education may establish high school, Sec. 4009. Any board of education may establish one or more high schools, whenever it deems the establishment of such school or schools proper or necessary for the convenience or progress of the pupils attending the same, or for the conduct and welfare of the educational interests of the district, and such school or schools, when so established, shall not be discontinued under three years from the time Discontinof the establishment thereof, except by a vote of threefourths of all the members of the board of education of the district, and at a regular meeting. uance schools; management and thereof. Sec. 4009-1. Whenever a township board of educa- Township high tion establishes and maintains a high school or high schools within the district under its control, it shall have the man- control agement and control of such school or schools with full power in respect to such school or schools to employ and dismiss teachers, and to give certificates of such employment, and for services rendered, directed to the township Schoolhouses, etc. Admission of pupils. Estimate of funds needed. Repeals, etc. clerk. And the township board of education shall build, repair, add to and, furnish the necessary schoolhouses, purchase or lease sites therefor, or rent suitable rooms, and make all other necessary provisions relative to such schools as may be deemed proper. Said board of education shall have full power to regulate and control the admission of pupils from the elementary schools under its charge to such high school or high schools, according to age and attainments, and may admit adults over twent-one years of age, and pupils from other districts on such terms and under such rules as it may adopt, and shall maintain such high school or high schools not less than twenty-eight nor more than forty weeks in any school year. Sec. 4009-2. In townships where a high school or high schools are established, or may be established, by the township board of education, the board shall annually determine by estimate, as near as practicable, the entire amount of money necessary to be expended in the township for school and schoolhouse purposes, including the sustaining of teachers in such high schools, the prolonging of the terms of the several elementary schools of the township after the state funds shall have been exhausted, the erecting, repairing and furnishing of schoolhouses, and any other school purposes not exceeding in any one year ten mills on the dollar of the taxable property of the township, which amount shall be certified in writing to the county auditor, as required by section 3960 of the Revised Statutes of Ohio. SECTION 2. That said original sections 4007, 4009, 4009-1, and 4009-2 of the Revised Statutes of Ohio are hereby repealed and this act shall take effect and be in force from and after its passage. W. S. MCKINNON, Passed April 9, 1902. President of the Senate. 97G Ohio canals; policy of state as to retention and maintenance thereof. [House Bill No. 426.] AN ACT To provide for the retention, maintenance and supervision of the canals of Ohio, their water supplies, reservoirs, dams, feeders and adjacent lands; to encourage the building of canal boats and the extension of cheap transportation. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That it is hereby declared as the settled policy of this state that the Miami and Erie canal, together with its water supplies, reservoirs, dams, feeders and adjacent lands from Cincinnati to Toledo shall be retained and maintained as a public canal; also that the same policy is hereby declared as to the northern division of the Ohio |