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10. The mere intention to acquire a new residence, without the fact of removal, avails nothing, neither does the fact of removal, without the intention.
History: Enacted March 12, 1872; amended March 30, 1874, Code
Constitutionality (subd. 4). The portion of subdivision 4 of section 1239 of the Political Code, as amended by act approved May 26, 1915, which provides that "any person registered in one precinct, and removing therefrom to another precinct in the same county within thirty days of an election, shall be deemed to be a resident of the precinct from which he so removed until after such election," is in violation of section 1 of article II of the constitution, which requires residence in the election precinct for thirty days preceding the election as a condition of the right to vote.-Garibaldi v. Zemansky, 171 Cal. 134, 152 Pac. 296.
1. Canvass of votes-Power to correct.— The election board must commence their count of the votes at once upon the close of the election, and they must publicly and in the presence of the bystanders conduct the same without adjournment until the count is completed and the result declared and recorded. When this is done and the ballots, together with their official returns, have been deposited with the clerk (as required by other sections) the powers and duties of an election board are at an end, and its jurisdiction over any matter in the election ceases. Thenceforth any review or correction must be done under section 1281a.Bernardo V. Rue, 26 Cal. App. 108, 146
2. Withdrawing returns from clerk.— There is no authority in law for the withdrawal by an election board, on the day after election, of the official returns from the custody of the clerk for any purpose
whatever.-Bernardo v. Rue, 26 Cal. App. 108, 146 Pac. 79.
Construction. This section provides for the procedure where the election board are in doubt as to whether two sets of double ballots should be counted each as one or as two votes.-Bernardo v. Rue, 26 Cal. App. 108, 146 Pac. 79.
1. Construction—Awarding contract.—In an action against a telegraph company for damages alleged to have been sustained by reason of defendant's neglect in failing to deliver in time a telegram relating to making a bid for furnishings, because of which the contract was awarded to the only other bidder whose bid was higher, a demurrer is properly sustained because the damages are too remote. This section vests in the regents a discretion to reject any and all bids. The utmost that could properly be pleaded in view of the statute is that the regents might and probably would have awarded the contract to the plaintiff had its telegram been duly delivered and its lower bid presented in time. The language of the averment can go no farther and be no stronger than the language of the code will permit, and the allegation that the regents "would have" awarded the contract to the plaintiff is but a pleader's opinion, for it can not be said as a legal certainty that they would have awarded the contract when the statute has left them the uncontrollable discretion to reject any bid.-McQuilkin v. Postal Tel. Cable Co., 27 Cal. App. 698, 151 Pac. 21.
UNIVERSITY OF CALIFORNIA.
HASTINGS COLLEGE OF LAW.
$1483. Rights of students under their diplomas.
§ 1483. RIGHTS OF STUDENTS UNDER THEIR DIPLOMAS [repealed]. History: Enacted March 19, 1907, Stats. and Amdts. 1907, p. 630,
Kerr's Stats. and Amdts. 1906-7, p. 77; repealed May 23, 1917, Stats.
§ 1489. Normal-school trustees. Powers and duties of.
§ 1505. Duties of superintendent of public instruction [repealed].
§1489. NORMAL-SCHOOL TRUSTEES. POWERS AND DUTIES OF. The powers and duties of each board of trustees of the state normal schools of California are as follows:
1. To prescribe rules for their government and the government of the school.
2. To prescribe rules for the reports of officers and teachers of the school and for visiting other schools and institutions;
3. To provide for the purchase of school apparatus, furniture, equipment, stationery, and text-books for the use of students;
4. To establish at their discretion, and maintain model and training schools of the primary, grammar and intermediate grade, including the ninth year grade, and, in their discretion, of the kindergarten grade, and to require the students of the normal schools to teach and instruct classes therein;
5. To establish at their discretion courses for the training of teachers of drawing, music, physical culture, and commercial, technical, or industrial subjects in the elementary and secondary schools of the state and upon the satisfactory completion of these courses to grant diplomas of graduation therefrom;
6. To elect the president of the school, who shall be ex officio secretary of the board, and an assistant secretary who shall receive such salary as may be allowed by the board; and to elect the teachers, upon their nomination by the president of the school, fix their salaries, and prescribe their duties; provided, that after the president or a teacher has served successfully and acceptably in the school for the period of two years prior to or after the passage of this act, his or her appointment thereafter may, at the discretion of the board of trustees, be made for a term not to exceed four years, unless removed for cause; and provided, further, that in case a teacher employed in a California state normal-school is engaged to instruct in normal extension work, evening work, special Saturday work, or summer school work, he may receive such additional compensation for the same as may be agreed upon by the employing board of trustees;
7. To control and expend all moneys appropriated for the support and maintenance of the school, and all moneys received for tuition or donations;
8. To cause a record of all their proceedings to be kept, which shall be open to public inspection at the school;
9. To keep open to public inspection an account of receipts and expenditures;
10. To annually report to the state superintendent of public instruction a statement of their transactions, and of all matters pertaining to the school;
11. To transmit with such report a copy of the president's annual report;
12. To revoke any diploma by them granted, on receiving satisfactory evidence that the holder thereof is addicted to drunkenness, is guilty of gross immorality, or is reputedly dishonest in his dealings, or is guilty of persistent defiance of, and refusal to obey the laws regulating the duties of teachers; provided, that such person shall have at least thirty days' previous notice of such contemplated action, and shall, if he asks it, be heard in his own defense;
13. On recommendation of the faculty and president of the school, to exclude students, who, because of poor scholarship or other evidences of unfitness, are judged incapable of becoming successful teachers in the public schools of the state;
14. To establish and maintain courses of study only in accordance with the rules and regulations prescribed by the state board of education as provided in section one thousand five hundred nineteen of the Political Code;
15. To detail one or more regular teachers of the normal-school for normal-school extension service in the rural schools of the state and to pay the salary and trans
portation expenses of any such teacher; provided, that the normal-school extension service in any county shall be given only with the approval of the county superintendent of schools. Such normal-school extension service may include a special study of rural school conditions and problems, and supervision and instruction of classes in the rural schools.
History: Enacted March 12, 1872; amended March 30, 1874, Code Amdts. 1873-4, p. 75; March 15, 1887, Stats. and Amdts. 1886-7, p. 137; March 20, 1897, Stats. and Amdts. 1897, p. 234; March 8, 1899, Stats. and Amdts. 1899, p. 77; February 28, 1905, Stats. and Amdts. 1905, p. 25; June 13, 1913, Stats. and Amdts. 1913, p. 809; May 22, 1915, Stats. and Amdts. 1915, p. 759; May 31, 1917, Stats. and Amdts. 1917, p. 1651. In effect July 30, 1917.
§ 1505. DUTIES OF SUPERINTENDENT OF PUBLIC INSTRUCTION [repealed.]
History: Enacted March 12, 1872; amended March 30, 1874, Code
STATE BOARD OF EDUCATION.
§ 1519. Powers and duties of board.
§ 1519a. Credentials for high-school certificates.
§ 1519b. Compile text-books [new].
§ 1519c. State school-book fund [new].
§ 1519d. Order for text-books from head of state institution [new].
§ 1519. POWERS AND DUTIES OF BOARD. The state board of education shall have power and it shall be its duty:
First. [Adopt rules.] To adopt rules and regulations not inconsistent with the laws of this state for its own government, for the government of its appointees and employees, for the government of the day and evening elementary schools, the day and evening secondary schools, the technical and vocational schools of the state, for the government of the several normal schools of the state as hereinafter provided, and for the government of such other schools, excepting the University of California, as may receive in whole or in part financial support from the state. Such rules and regulations shall be published for distribution as soon as practicable after adoption.
[Rules for normal schools.] At the joint meeting of this board and the representatives of the normal schools of the state provided for in section one thousand five hundred eighteen a of the Political Code, matters affecting the normal schools may be presented by members of the board, by the superintendent of public instruction and the commissioners of education, and by the representatives of the normal schools, and, after due presentation and consideration, the board may adopt rules and regulations for the government of the normal schools in the following matters:
(a) [Standardizing course of instruction.] The standardizing, as far as the board shall deem it wise and necessary, of the courses of instruction offered in the several normal schools for the preparation of teachers for the public schools of the state.
(b) [Courses for special teachers.] The establishing and conducting in any or all of the normal schools of the state of such courses of instruction as shall prepare for
the public schools of the state special teachers in any or all of the subjects of drawing, music, physical education, and commercial, technical or industrial branches.
(c) [List of text-books.] The compiling and publishing of a list of text-books for use by the students of the several normal schools of the state; provided, that the state series of text-books shall be used in the grades and classes for which they are adapted, and that all other regular text-books shall be selected by the various normal school authorities from said list.
(d) [Standards of admission.] The prescribing of the standards of admission for students entering the normal schools, and the rules for transfer of pupils from one normal school to another; provided, that a student for good cause, may, upon recommendation of the president of the school from which he seeks to be transferred, enter any other normal school and without examinations be admitted to classes corresponding to those in the school which he has left.
(e) [Graduation.] The determination of the time and standards for graduation from the state normal schools.
Second. [Assistant superintendents of public instruction.] To appoint three assistant superintendents of public instruction, who shall not be subject to the provisions of any civil service law of the state, and who shall be known and designated as follows:
(a) One commissioner of elementary schools, who shall be experienced in teaching in and supervising elementary schools.
(b) One commissioner of secondary schools, who shall be experienced in teaching and who has been principal or supervisor of secondary schools.
(c) One commissioner of industrial and vocational education who has had experience as a supervisor of industrial or vocational education.
Third. [Subpoenas for witnesses before board.] To issue subpoenas to compel the attendance of witnesses before the board or any member thereof, in the same manner that any court in this state may; and whenever the testimony of any witness upon any matter pending before it is material, the president must cause the attendance of the witness before such board, or a member thereof, to testify concerning such matter, and the board may make a reasonable allowance therefor, not exceeding the fees of witnesses in civil cases, which must be paid for out of the appropriation for the contingent expenses of the board, but in no instance can an allowance be made in favor of a witness who appears in behalf of a claimant.
Fourth. [Seal.] To adopt and use, in authentication of their acts, an official seal. Fifth. [Printing.] To have done by the state printer, or other officer having the management of the state printing, any printing required by it; provided, that all orders for printing shall first be approved by the state board of control.
Sixth. [General duties.] The state board of education shall study the educational conditions and needs of the state; shall make plans for the improvement of the administration and efficiency of the public schools of the state; shall have power to conduct educational investigations and shall employ educational and business experts, within the limits of its appropriation therefor; shall annually require reports as to the activities of the superintendent of public instruction and the assistant superintendents, and such other employees as it may direct to report, for submission to the governor, and the same shall submit biennially to the governor, on or before the fifteenth day of September next preceding the regular session of the legislature, a report of its transactions for the preceding two years, together with recommendations of its needs for the coming biennium, and such recommendations as to changes in laws or new educational legislation as may seem to it to be necessary.
Seventh. [Acting secretary.] To appoint an acting secretary, who shall also act as executive officer of the board in the absence of the superintendent of public instruction from his office or in case of his incapacity for duty.
History: Original section, relating to concurrence of majority of members, enacted March 12, 1872; repealed and present section enacted June 6, 1913, Stats. and Amdts. 1913, p. 660; amended June 22, 1915, Stats. and Amdts. 1915, p. 752; May 18, 1917, Stats, and Amdts. 1917, p. 699. In effect July 27, 1917.
§ 1519a. CREDENTIALS FOR HIGH-SCHOOL CERTIFICATES. The state
board of education shall have power and it shall be its duty:
First. To prescribe by general rule the credentials upon which persons may be granted certificates to teach in the high schools of this state. No credentials shall be prescribed or allowed, unless the same, in the judgment of said board, are the equivalent of a diploma of graduation from the University of California, and are satisfactory evidence that the holder thereof has taken an amount of pedagogy equivalent to the minimum amount of pedagogy prescribed by the state board of education of this state, and include a recommendation for a high-school certificate from the faculty of the institution in which the pedagogical work shall have been taken.
Second. [Special cases.] To consider the cases of individual applicants who have taught successfully for a period of not less than seventeen school months, and who are not possessed of the credentials prescribed by the board under the provisions of this section, and where the evidence submitted by the applicant does not satisfy the board it may, in its discretion, provide for his examination. The said board, in its discretion, may issue to such applicants high-school credentials upon which they may be granted certificates to teach in the high-schools of the state. In such special cases, the board may take cognizance of any adequate evidence of preparation which the applicants may present. The standard of qualification in such special cases shall not be lower than that represented by the other credentials named by the board under the provisions of subdivision first of this section.
Third. [Special certificates for special subjects.] To establish and prescribe by general regulations the qualifications upon which county boards of education may grant to any person a special certificate to teach any special subject or subjects in such grades as are mentioned therein; provided, that no qualification shall be prescribed for certification to teach in any grade whatever a vocational subject unless the candidate shall have had, as a minimum, three years' experience as a journeyman, or, where this terminology does not apply, its equivalent, in the vocation in which he desires certification.
Fourth. [Applicants without necessary qualifications.] To consider the cases of individual applicants who are not possessed of the qualifications prescribed in subdivision third of this section, or in the general regulations of the state board of education, and where the evidence submitted by any applicant who meets the academic requirements of the board does not satisfy the board of his knowledge of the special subject and methods of teaching the same, it may, in its discretion, provide such examination as it may deem expedient and wise. When the state board of education is satisfied that any applicant possesses qualifications equivalent to those so specified, it may issue to such applicant a state board credential upon which county boards of education may grant to him a special certificate to teach such special subject or subjects as are listed in said credential in such grades and for such length of time as therein specified.
Fifth. [Life diplomas.] To grant life diplomas for four grades, valid throughout the state, as follows:
(1) High-school: Authorizing the holder to teach in any primary or grammar or highschool.
(2) Elementary school: Authorizing the holder to teach in any elementary school. (3) Kindergarten-primary: Authorizing the holder to teach in the kindergarten class of any primary school.
(4) Special: Authorizing the holder to teach in any school such special branches and in such grades as are named in such diploma.
Sixth. [Qualifications for life diplomas.] To issue, except as provided in sections one thousand five hundred three and one thousand seven hundred seventy-five of this code, life diplomas only to such persons as have held for one year, and still hold, a valid county, or city and county, certificate, corresponding in grade to the grade of diploma applied for, and who shall furnish satisfactory evidence of having had a successful experience in teaching of at least forty-eight months. Not less than twenty-one months of said experience shall have been in the public schools of California. Every application must be accompanied to the state board of education by a certified copy of a