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A MOTHERS' MEETING.

HE Franklin Grammar School, San Francisco, is unique in many ways. Richard D. Faulkner, the Principal of the School, and Madison Babcock, Principal of the Franklin Evening School, have done much to make the school an example of its kind. One of the features worthy of special notice, is the meeting of the mothers of the children. This meeting was held on June 1st. Its purpose

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3. The lack of forcefulness of parents. The State History.

Before the close of the schools next year a generation of children will have been born and will have passed through the schools without having obtained, except by tradition, any knowledge of the marvelous growth of the country during the past thirteen years, or any conception of the policy of its statesmen during that time. If as long a period should elapse before a revision of the State history is inade as has elapsed since its publication another generation of children will have b en born and reached the period of their graduation without having had the opportunity of reading in any history of the United States of the unequalled victory of Admiral Dewey at Manilla which thrilled the world.

Manual Training.

Principal Faulkner touched eloquently upon Manual Training. The illustrations in this article are sufficient to show the work that has been done.

At the meeting a year ago all who were present were in favor of sewing for the girls and tool work for the boys, and there was only one mother who objected to cooking and her objections, however, were not so strong as to cause her to ask that her daugh

was to discuss some of the problems in which mothers are interested in connection with school-work.

Ex-Supt. Babcock, Principal of the Evening School was present, and took part in the discussions.

No better description of the school can be given than to

are entirely satisfied or that we are superior in any way to many other schools; but that there has been real progress on the part of the pupils and that the teachers have been particularly inspiring in their work.

Miss Kate Macdonald, First Vice-Principal of this school died in January as you

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all know. As her friends in the school department and former patrons and pupils have a ready met with the teachers of this school and attested in a fitting manner to her worth as a woman, her ability as a teacher, and to her long service in this section of the city, I will not make any review of her work at this time; but as she had taught the highest grade in this school and had also had charge of the girls' yard for many years her loss and the selection of her successor was a matter of deep concern to you as well as to me. I am glad to say on this occasion that I regard the election by the Board of Education of Miss Nellie

G. Gallagher to her position as an exceedingly fortunate selection from what I have seen of her personality and her work. I sincerely be'ieve that she will prove a worthy successor to Miss Macdonald and in time like her, stamp her individuality upon the school.

I cannot at this time speak in such detail of the work of each teacher as I would wish. Miss Klink, Miss Durkin, Miss Classen, Miss Maroney, Miss Ahern, Miss McClain, Mrs. Parolini, Miss Alexander, Miss Templeton and Miss Donovan have been connected with this school for so long that the high character of their work is known to you as well as to me. Mrs. Cooper, Miss Farnsworth and Miss Houghton are new teachers in this section of the city, Mrs. Cooper came to us under unfavorable circumstances, but I am glad to be able to say that I see much in her work to commend, and I am glad to say that she is making many friends with the parents of her pupils. Miss Farnsworth and Mi-s Houghton are recent graduates of our State Normal Schools. Miss Farnsworth being a graduate of the Los Angeles Normal School, and Miss Houghton of the San Jose Normal School. These young w men fresh from these inspiring institutions give additional virility to the thought of the school. The work that Miss Kink has done in interesting her pupils in good literature by bringing the books from the Free Library to her class-room for use by the children at home and in school has been of an uplifting character. In the proper use of such books she is a pioneer and a recognized authority. The Franklin Grammar School is proud of her varied attainments. I am glad to say that Miss K. R. Paxton our teacher of cooking, and Miss Rose Cashman our teacher of sewing, have both received not only technical instruction with a view to its professional presentation but that both are graduates of normal schools and besides being competent to teach their specialities are capable of giving instruction in any grade of the grammar school course; while Mr. J. M. Stock man is not a professionally educated teacher he is a man of more than usual ability and education and before he became a teacher in the grammar schools of this city in 1895, he had been an instructor in the Cogswell Polytechnic College from its organization by James G. Kennedy in 1888, until 1893.

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RICHARD D. FAULKNER, Pricipal of the Franklin Grammar School.

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It will be readily seen that the Franklin Grammar School with its mothers' meetings, its sewing, cooking, manual training departments, its progressive teachers and wide awake pupils, is a school of more than local interest. It is the intention of the editor of the JOURNAL to give from time to time photographic accounts of progressive schools. The Evening School of the Franklin Grammar, Madison Babcock, Principal, has accomplished much for the children of the district.

WESTERN CHOOL
NEWS.

J. J. Reppetoe has been elected principal of the Vallejo High School.

Deputy Superintendent C. L. Ennis of Los Angeles City Schools has been re-elected.

Dr. Thomas P. Bailey delivered the graduating address at the Merced High School.

E. C. Houston, formerly principal of the Piedmont school, has departed for the Klondike.

W. L. Williams has been nominated by the Republicans for School Superintendent in Madera County.

The Summer School at Pacific Grove in charge of R. L. Sandwick and a committee, is being largely attended.

Agnes Stowell of the Ellensburg State Normal School will spend her vacation at the Chicago University Summer School.

M. G. Royal, formerly President of the Weston Normal High School, Oregon, has resigned and D. V. Reed has been elected in his place.

The San Francisco Board of Education refused to print all of Superintendent Webster's report because it was severe in its criticisms on the board.

The Santa Barbara Daily Independent, prints almost an entire page of testimonials in answer to the question, "Is Professor Roop Competent to Superintend our School System?"

The Central School of Oakland, P. M. Fisher, Principal, held its first graduation exercises on June 4th. This is a practical manual training and business school and has in it many unique features.

Superintendent Foshay of Los Angeles and Professor Elmer E. Brown of Berkeley are the State organizers for the N. E. A. State Superintendent Black is on the program as one of the presiding officers.

Miss Nellie L. Webb of Sacramento has taught the Elk Grove District School for fifteen consecutive years and always given good satisfaction. Has anyone in the State taught a country school for as long a term?

At a meeting of the school trustees recently the following teachers for the Hanford schools were selected.

Prof. C. C. Childress, Principal; A. M. Ayres, John A. Herrod, M. E. Bernstein, Emily Dodge, Nora Scott, Georgia Brooks, Belle Jacobs, N. E. Davidson, Kate Drennan, Adelide Cobb and Jennie C. Applegarth.

A little girl in San Jose told her father something she understood her teacher to say. Her father reported to the "Battle-field Veterans," of which organization he was a member. The Battle-field Veterans demanded the removal of the teacher, Mr. Leigh R. Smith; and he was whereupon the members of the G. A. R. Posts denounced the action of the Battle-field Veterans as "cowardly and contemptible."

removed:

School

The San Francisco Normal graduated 123 teachers; President Barrington and Superintendent Webster made addresses. Miss Fowler and Mrs. Fitzgerald have every reason to be congratulated for the work they have done during the past

year.

The Board of Education of Alameda has decided that hereafter the 2500 school children of the city shall salute the Stars and stripes every morning before they march into the schoolrooms. When the children are in line the flag will be run up and the boys will doff their caps and the girls salute by raising the hand.

The following names are mentioned in connection with the nomination for Supt. of Public Instruction: Supt. S. T. Black, present incumbent; Supt. Geo. Stout of Butie; Supt. T. J. Kirk of Fresno; C. W. Childs, San Jose; J. W. Linscott of Santa Cruz, Republicans. A. B. Coffey, Sutter; Mrs. H. L Wilson, Colusa; Prof. Edwards, San Francisco; O. P. Seavy, Placer, Democrats. Edward Hyatt, Riverside, Silver Republican, Populist, etc.

Mrs. R. V. Winterburn of Stockton, Secretary of the California Association of Teachers of History, has received a communication from Professor Fred Morrow Fling of the Nebraska State University to the effect that Professor Moses of Berkeley has been invited to address the Department of History in the Educational Conference at Omaha, to be held June 28, 29 and 30. A fine program has been prepared; and reduced railroad rates have been secured.

The Chabot observatory has been the recipient of another useful present given by a pupil of the Central School, Master W. H. Curtis, a son of Dr. E. D. Curtis. The gift is a handsomely mounted terrestrial globe, with plane of the equator extended and provided with intricate gearing to illustrate the very complicated and not easily comprehensible motion of the earth in its great period of 26,000 years, known to astronomers as "the procession of the equinoxes." It will be of great value in instructing pupils in this very abstruse problem and is highly appreciated by Mr. Burckhalter. It is the only apparatus of the kind on the coast.

Fresno has a number of progressive and ambitious teachers, who will avail themselves of the summer vacation to perfect themselves in chosen branches at universities. City Superintendent of Schools, Morris Elmer Dailey, will leave in a few days to take a course in history at the Harvard University under Professor Hart. Mr. Dailey will attend the lectures, make judicious use of the great library and go on excursions to famous historic spots, such as Plymouth Rock, etc.

Principal McLane of the High School will take a special course in physics and chemistry at the State University, while W. A. Tenney, teacher of drawing and manual training will study those branches at Boston.

Leslie A. Jordan has been elected teacher of physics and chemistry in the Girl's High School, San Francisco. Mr. Jordan has had a wide experience as a teacher and his friends and former pupils will be glad to know of his promotion.

Charles H. Keyes, well-known to the readers of this journal, has an article in the North Western Monthly on "What Can Child Study Do for Our Schools?" It is an extract from an address delivered before the Connecticut Teacher's Association.

An old landmark, lately an unsightly rain, the Field Seminary building, at the corner of Knox Place and Telegraph avenue, Oakland, is being torn down for kindling wood. The prop erty, which is a quarter block will be divided up into building lots and put on the market. The passing of this structure, for the institu tion passed long ago, will be heard with regret by the many women of California who spent their happy girlhood years there with the family of "Auntie" Knox, who died not long ago. About a year ago the building was visited by fire in the dead of the night and badly damaged before the department could put out the flames. This is largely responsible for the tearing down of the structure.

The San Diego City Board of Education passed the following resolutions complimentary to Ex-Superintendent Cubberley.

Whereas Ellwood P. Cubberley, who has served for two years as Superintendent of Schools and Clerk of the Board of Education of this City, has tendered his resignation as such, to accept a position in the Leland Stanford Jr., University; and,

Whereas While we rejoice with him in his promotion and advancement in his profession, we are constrained to express at this time our regrets at his departure from this city; our sorrow at the severance of those close personal and business relations which have endeared him to us; our heartfelt appreciation of those high personal and professional qualifications by which he has been so pre-eminently distinguished; our regard for him as a man, as an educator and as Superintendent of our scho ls. As a man, because of his kindly heart, his genial manner, his uniform courtesy, and his unswerv ing integrity. As an educator, because of his studious habits, his clear and lucid intellect, his cultivated literary taste, his enlarged and liberal views, his high sense of professional honor and a genuine love for his profession in its higher walks. As Superintendent, because of his untiring industry, which has brought order and system out of chaos; his stern sense of right, which has made preferment dependent on merit instead of favoritism; his impartial and courteous treatment of all members and employes of the department; and his steadfast efforts to place the Educational Department on a high plane.

THEREFORE BE IT RESOLVED that the Board of Education of the City of San Diego, State of California, hereby tenders to Ellwood P. Cubberley our congratulations on his promotion to a larger and broader field of labor; our appreciation of his labors in educational work in this city; our sincere regret at his departure; and our heartfelt wishes for his success and prosperity.

Prof. H. C. Petray of Livermore delivered the graduating address to the High School class at Pleasanton, Cal.

Miss Ball's Summer School in drawing will be held in Miss Hamlin's School, corner Jackson and Gough streets beginning July 5th.

F. W. Wright, Principal of the public schools at Novato, has been selected by the San Rafael Board of Education to succeed Mr. Collins as teacher in the High School.

E. L. Collins a graduate of the State Uniuersity, connected with the JOURNAL the past few months has been elected as teacher of mathematics in the military academy at San Rafael.

Supt. Job Wood of Monterey County issued an effective letter to school teachers on the importance of legalizing and organizing th board on the first Saturday in July by electing Clerk.

D. R. Augsburg, author of the system of drawing, published by Educational Publishing Company, has been elected special teacher of drawing in the Oakland, California Schools. He was formerly at Salt Lake.

Berkeley, June 28-Tracy R. Kelley, who graduated with the class of '97 from the University of California has been elected vice-principal of the High School at Modesto He will assume his duties there at the opening of the next term in July.

Prof. C. W. Childs' of San Jose met with an unfortunate loss the past month. His residence was burned, and all of its contents including a library of over three thousand volumes. It was said to be the finest private library in Santa Clara County.

Miss Katherine M. Ball was given the distinguished honor of an invitation to speak on the subject of Art Education in the Public School from the standpoint of the art teacher at the Trans-Mississippi Educational Conv ntion. On account of other engagements however, she was not able to be present.

The executive committee of the California Teachers' Association met at Superintendent Webster's office on Tuesday June 27 th and elected Dr. Jenkins of Stanford to succeed Prof. Griggs on the Educational Council. Childs, Petray, and Mrs. FitzGerald were appointed a committee on program. Dr. Stanley Hall and Prof. Nicholas Murry Butler are mentioned as the star attractions.

The Board of Normal Trustees in executive session have elected the following teachers for the next term of the Chico Normal School Minor L. Seymour, vice-president and professor of biology: Alva W. Stamper, mathematics; Ernest N. Henderson, physiology; Elmer I. Miller, history and geography; Esther M. Wilson, music and drawing; Winfred S. Bangs, English; Maxwell Adams, physics and chemistry; Levi C. Howland, mathematics; Oda Redman, English; Emma J. Fuller, critic and teacher grammar department; Elizabeth Rogers, critic and teacher primary department; Miss Mae Kimball, Miss Aimee Jones, Miss Anna Williamson, assistant teachers in training school; Mrs. Leslie Lead better, librarian and general assistant.

"Old John T." Flavin, of Dodge County, Wisconsin, as some of the boys affectionately call him, outranks all the county superintend ents in America, so far as we are able to learn, in length of service. If there is any other county superintendent in the United States or county inspector in Canada who has held the office continuously for a quarter of a century, let him speak now or tacitly admit that John is the senior.-The Western Teacher.

We congratulate Brother Flavin, wish for him the continued professional prosperity to which he is certainly entitled, and enter his name upon our "complimentary list." However, we must ask him to share the honors with our own G. E. Thurmond of Santa Barbara, who is as young in spirit as he was when first elected, and under whose supervision the schools of his county have kept pace with the most progressive schools of the day.

Superintendent B. F. Howard of Sacramento County has the honor of having the neatest set of Superintendent's records in the State.

He has devised his own method. It is simple, accurate and effective. Many superintendents and others who have seen his books praise the system. Supt. Howard's scheme includes a system of class reports from every school in the county, which show the records of any pupil in Sacramento County at a glance. He began the system some years ago and the bound volumes make a very interesting and valuable record.

Two gentlemen, one a prominent teacher of Stanislaus County, the other a well known ex. teacher of California, were reading the bulletins in front of one of the morning dailies. On the bulletins were, among other things, quotations from Washington, from officials,etc., one of which invariably read "Govt," being, of course, an abbreviation of the word Government. The teacher puzzled his brain over the abbreviation for a time; and then, finally turning to his friend, said:

"Say, Adams, who in the world is this ms 2, 'Gout,' who is being quoted so much?" Now he's waiting to "get even" with Adams.

Dr. A. E. Winship in writing of the Ellensberg, Wash., Normal School speaks of its Principal as follows:

"It is ten years since I first knew P. A. Getz, the Principal, at that time a high school teacher at Hazelton, Pa., a man trained under Drs. Brooks and Lyte at Millersville, a man with professional aspirations that made it impossible for him to remain with all the limitations of secondary school traditions. He came to Oregon, and after a week of companionship in 1888, I saw no more of him until I found him in his work at Ellensburg, where he is giving a professional flavor to the normal school life, which can but tone up the intellectual activities of the state for ail time. There is method work and psychological and historical treatment of education in those classes, from which I have learned much of which to write and speak on many occasions. Oh, that the statesmen of the hour, East and West, would realize how much of the future power and grandeur of my new State depends upon the best training of those who must teach the children who are to be the men and women to invigorate and ennoble her future!

The student body of the San Jose Normal passed a resolution at its recent meeting requesting the trustees to reinstate Prof. C. W. Childs in the Normal.

In June, 1881, Professor W. T. Welcker, then occupying the chair of mathematics, was summarily removed, without cause assigned or charges made, and altho the alumni and stu dents protested vigorously, no redress could be obtained, The only person in university circles who preserved a dignified silence was the victim himself. He made no sign. But the people signified their opinion in no uncertain manner, electing him State Superintendent of Public Instruction at the next general election, and the professor, "ex-officio" took his seat in the board that had so arbitrarily dispossessed him of what he had reason to believe was a life-long position. At this late day, some atonement has been made in his election as Professor emeritus in mathematics. At whose motion this rather empty honor and tardy reparation was made, is not known.-Call.

The Marin County Teachers Institute was held at San Rafael, May 2d, 3d, 4th and 5th.

The instructors were, L. Du Pont Syle, University of California; G. C. Edwards, University of California; Harr Wagner, Ed. WESTERN JOURNAL OF EDUCATION; Carl H. Nielsen, Supt. Schools, Sonoma Co.; Edward Howard Griggs, Stanford University; S. T. Black, Supt. Public lnstruction; E. W. Davis, Sec. B'd Reg'ts, University of California; J. W. McClymonds, City Supt. Schools, Oakland, Cal.

The principal feature of the program was a day spent in isiting the schools of Oakland, Cal. The work was systematic, and the results were specially interesting. Robert Furlong has made a special study of his institutes. He began with a reception and lunch, and ended with a feast of reason.

The San Mateo Institute was held during the week beginning May 4th.

The most prominent feature was the drawing conducted by Miss Katherine M. Ball.

In the three sessions given to it, consuming just half of the Institute time, special attention was given to studying appearances of objects and making pictorial drawings of them.

All members of the institute were provided with drawing boards, paper and pencils, and everybody worked.

Miss Ball was much pleased with the spirit of the gathering, and the appreciative way in which her work was received, while on the other hand the teachers were profuse in their expressions of commendation, claiming her work to be the most practical of the kind ever given in the county.

Mr. Allen, in his happy way gave a discourse on "The Earth."

Dr. Dressler profitably filled the time of one lesson with a very practical and helpful talk on "The Recitation" while Dr. Jenkins, always popular, gave some interesting and instructive work on Nature Study.

A lecture by Mr. Hutchings on the Yosemite, and another on the Chinese-Japanese war by Mr. Smith both illustrated by the stereopticon, were heartily enjoyed during the evening sessions.

Department of Supervision

Items of Interest for Trustees, Parents and Tea hers.

An Important Decision Affecting the Apportionment of School Money

The County Superintendent of Schools of Amador County some time in the year 1897 asked this office for an official opinion as to the manner of apportioning the State school money received in July. In accordance with opinions previously expressed by both my immediate predecessor and myself, based on the opinion of the Attorney (eneral, the Superintendent was instructed to apportion the money just as though it had been received prior to June 30, 1897, as it was a portion of the revenue for the school year ending on that date. The money was apportioned by the County Superintendent in accordance with the opinion sent from this office. The County Superintendent was advised later by the District Attorney to apportion the money as though it was the first apportionment for the year 1897-98. The Superintendent thereupon cancelled the apportionment already made, and in September re-apportioned the money according to the advice of the District Attorney. Suit was thereupon brought by the trustees of a school district, asking that the September apportionment be set aside and the former apportionment reinstated. The Court held that the apportionment made in July under the instruction of the Superintendent of Public Instruction was the only legal apportionment-that the re-apportionment made in September was void ab initio. Samuel T. Black, Supt. Public Instruction.

Extracts from the opinion of the Court are given verbatim. In the Superior Court of the County of Amador, State of California. J. R. Dunlap, Thomas L. Culbert and John R. Tregloan as Trustees of Amador City School District, Plaintiffs and Petitioners,

vs.

George F. Mack as Superintendent of Schools of Amador County, California, Defendant and R. spondent.

On the 12th day of July. 1897, there was in the county treasury of Amador County the sum of $8867.36 of State School funds belonging to Amador County, which respondent was required to apportion to the various school districts of Amador County, according to law. Said money was derived from the State's portion of the county taxes collected in Amador County for the fiscal year 1896-7 and which said taxes were levied in September, 1896. On the said 12th day of July, 1897, the said County Superintendent (respondent herein) apportioned said $8867.36 to the various school districts of Amador County; in apportioning said money he first apportioned sufficient money to amount with the funds already apportioned to the various districts during the fiscal year of 1896-97, the sum of $500 to each district for every teacher assigned it, excepting to districts having ten and less than twenty school census children, to which he apportioned with what had already been apportioned $400; the remainder of said $8867 36, respondent apportioned to the several districts in propor. tion to the average daily attendance in each district, during the preceding school year, viz, the school year of 1895-96. On September 1st, 1897, respondent cancelled the apportionment of July 12th, 1897, and made a new apportionment of the said $8867.36 but based on the schoo! census of the various districts of 1897. Pursuant to this last apportionment, the County Treasurer of Amador County cancelled the July apportionment at the request of respondent and will not recognize it.

Under the apportionment made in July the Amador City school district received the sum of $938.50, but the apportionment of September reduced it to $429.

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It is alleged by petitioners, admitted by respondent, and proved as a fact at the hearing, that on July 12th, 1897, the respondent apportioned said fund of $8867.36, and that this apportionment was made pursuant to instructions from the State Superintendent of Public Instruction; that although he made this in the month of July, the beginning of a new school year (the school and fiscal years being the same), he made it as

though he were making the apportionment in the month of June, 1897, the last month of the school year, and made the apportionment according to the average daily attendance in each district during the preceding school year-that is, the school year of 1895 6. His subsequent action in September, 1897, in which he attempted to cancel the July apportionment and make a new one was made contrary to the direction of the Superintendent of Public Instruction and not as though made in June, but actually made in the next school year, and according to the average daily attendance of the preceding school year. which was a different and later school year, viz., the school year of 1896 and 1897, and which made a dif ference of $500 less to the Amador City School District.

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In the apportionment made by him on July 12th, 1897, the responddent, following the instruction of the State Superintendent of Public Instruction, made it as though the money was received prior to June 30th, 1897, and on the average daily attendance for the school year ending June 30th, 1896, and treated it as the fourth annual apportionment. In the subsequent apportionment made on September 1st, 1897, under instructions of the District Attorney, he disregarded the instructions of the State Superintendent, and made it as though the money was received subsequent to June 30th, 1897, and on the daily average attendance for the school year ending June 30th, 1897, a year later than his July apportionment, ard a year for which a different apportionment had been made.

One of the causes of the misunderstanding grew out of the change in the mode and time of collecting taxes, for under the old law when taxes were payable in one installment the Controller made the apportionment in June, but on account of the change in the law and the present mode of payment in semi-annual installments it is now made in July, but nevertheless it is made of the funds collected during and for the previous fiscal year, and is made by the Controller and State Superintendent, and should be made by the County Superintendent as though actually received during the previous fiscal year. The respondent treats his July apportionments as the first apportionment when they should be treated as the fourth or last apportionment. This is proven by the fact that the levy is made in September. The first installment of taxes is due in October and delinquent in November. The second installment is due in January and April (see Sec. 3746 Political Code), and as the County Superintendent makes his four apportionments in December, January, May and July, it follows that the December apportionment must be the first, as the first installment of county money has just come in, the State money is returned in December, and in January he makes his second apportionment. The second installment of taxes is delinquent the last Monday in April, and has just come in when he makes the third apportionment in May, and the one he makes in July after the State returns are received is made as though it had come in the last of June, notwithstanding that the Controller does not make his returns until July and the County Superintendent until that or the next month, August; so of necessity this is the fourth and last apportionment.

Counsel for respondent raises the objection that this cannot be so because the money must be in the treasury when it is apportioned, and that it then can only be apportioned for the year the apportionment is made, or else there would be endless confusion. This contention is without merit, for as a matter of fact the money never goes out of the treasury but is retained in the hands of the County Treasurer, who gives his certificate to the State Treasurer. If the State is indebted to the county at the settlement it must immediately pay the deficiency, and vice versa. Political Code, Sec. 3866.

And furthermore to meet the very difficulty occasioned by the amend ment to the Statute creating the semi-annual tax law, a new subdivision was added to Section 1858 of the Political Code known as subdivision five, and which seems to have escaped the attention of counsel for both peti tioner and respondent, for they both failed to call my attention to it and which provides as follows:

"Whenever in any school year prior to the receipt by the counties, cities, or cities and counties, of this State, of their State, county, or city school fund, the school districts or cities shall not have sufficient money to their credit to pay the lawful demands against them, the county, city, or city and county Superintendent shall give the treasurer of said county, city, or city and county, an estimate of the amount of school money that will next be paid into the county, city, or city and county treasury, stating the amount to be apportioned to each district. Upon the receipt of such estimate, it shall be the duty of the treasurer of said county, city, or city and county to transfer from any fund not immediately needed to pay claims against it, to the proper school fund, an amount not to exceed ninety per cent. of the amount estimated by the Superintendent, and he shall immediately notify the Superintendent of the amount so transferred. The funds so transferred to the school fund shall be retransferred by the treasurer to the fund from which they were taken, from the first money paid into the school fund after the transfer."

This subdivision meets completely the objection of counsel and makes provision against the happening of the difficulty suggested.

For the reasons above given, I am convinced that the apportionment made by the County Superintendent of Schools on the 12th day of July, 1897, was correct and was made according to law, and that the subsequent attempt to cancel said apportionment was without authority of law and void ab initio, and that the said apportionment of July 12th is still in full force and effect, and is the one that should be recognized by the County Treasurer and the Superintendent.

It follows that the Writ must be denied. Counsel for petitioners will

draw the order.

Done in open Court, May 24, 1898.

R. C. RUST, Judge.

The Law
Law in
in Reference to School
School Trustees.

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2. To assume the control and management of school property.

3. To pay into the county treasury thru the Superintendent of Schools, all moneys received by donation or otherwise for school purposes.

4. To suspend and expel pupils for good cause this power belongs to the trustees and not to the teacher.

5. To enforce the course of study adopted by the County Board of Education. The Superintendent ought to furnish each trustee with a copy of the course adopted so that trustees may carry out this important law.

6. To exclude from school and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character. Any violation of this provision is punishable by forfeiture of all public moneys.

7. To furnish books for indigent childrensuch books to become the property of the district, and to be kept in the library when not

in use.

8. To permit children of other school districts to attend the schools in their district, upon receiving the consent of the trustees in whose district the children reside. Should this consent be refused, the matter must be referred to the Superintendent of Schools, whose decision is final. This is a very important duty and ought to be exercised solely in the best interests of all concerned.

9. To report directly to the Superintendent of Public Instruction, when required, the list of text books used in their schools.

10. To visit each schoolroom in their district at least once in each term, examine careful.y into its management, condition, and needs. This applies to each member of the board of trustees.

11. On or before the first day of April in each year to appoint a school census marshal, and to notify the Superintendent of Schools of such appointment. The penalty for neglecting this provision is as follows:

Section 1624. If any Board of Trustees, or City Board of Education, fail to appoint a Census Marshal at the proper time, and thru such failure the district is omitted in the apportionment of school moneys, the Trustees or members of the City Board of Education are jointly and severally personally liable to the district for the full amount which the district would have received but for such failure; and the amount may be recovered in an action brought by any citizen of such district or city in the name of and for the benefit of the district or city.

12. Boards of Trustees may, and upon a petition signed by a majority of the heads of families resident in the district, as shown by the last preceding school census, must call meetings of the qualified electors of the district for determining or changing the location of the school-house, or for consultation in regard to any litigation in which the district may be engaged, or be likely to become engaged, or in regard to any affairs of the district. Such meetings shall be called by posting three notices in public places, one of which

shall be in a conspicuous place on the school. house, for not less than ten days previous to the time for which the meeting shall be called which notices shall specify the purpose for which notices shall be called and no other business shall be transacted at such meetings. District meetings shal: be organized by choosing a Chairman from the electors present, and the District Clerk shall be clerk of the meeting, and shall enter the minutes thereof on the records of the district. A meeting so called shall be competent to instruct the Board of Trustees:

1. In regard to the location or change of location of the school-house, or the use of the same for other than school purposes; provided, that in no case shall the school-house be used for purposes which necessitate the removal of any school desks or other school furniture.

2. In regard to the sale and purchase of school sites.

3. In regard to prosecuting, settling, or compromising any litigation in which the district may be engaged, or be likely to become engaged, and may vote money, not exceeding one hundred dollars in any one year for any of these purposes, in addition to any amount which may be raised by the sale of district school property, and the insurance of property destroyed by fire; provided, that the proceeds of the insurance of the library and apparatus shall be paid into the Library Fund. All funds raised by the sale of school property may be disposed of by direction of a district meeting. District meetings may be adjourned from time to time, as found necessary, and all votes instructing the Board of Trustees shall be taken by ballot, or by ayes and noes vote, as the meeting may determine. The Board of Trustees shall, in all cases, be bound by the instructions of the district meeting in regard to the subjects herein mentioned; provided, that the vote in favor of changing the location of the school-house shall be two.thirds of all the electors voting at said meeting upon the proposition to change the location.

13. The Boards of School Trustees and City Boards of Education must maintain all the schools established by them for an equal length of time during the year, and, as far as practicable, with equal rights and privileges.

When in any district it is necessary for the convenience of the residents of said district that the school therein should be maintained a part of the year in one portion of the district, and a part of the year in another portion of the district, the aggregate of the time the school has beed maintained in the different portions of the district shall be considered in estimating the time for which a school has been maintained in the district during the school year.

14. Writing and drawing paper, pens, ink, black boards, blackboard rubbers, crayons, and lead and slate pencils, and other necessary supplies for the use of the schools, must be furnished under the direction of the City Boards of Education and Boards of School Trustees, and charges therefor must be audit. ed and paid as other claims against the County School Fund of their districts are audited and paid.

15. The Boards of School Trustees and City Boards of Education must use the school moneys received from the State and county apportionments exclusively for the support of schools for that school year, until at least an eight months' school has been maintained. If

at the end of any year during which an eight months' school has been maintained, there is an unexpended balance, it may be used for the payment of claims against the district outstanding, or it may be used for the year succeeding. Any balance remaining on hand at the end of any school year in which school has not been maintained eight months, shall be reapportiened by the Superintendent of Schools as other moneys are apportioned; provided, that if a district has been prevented from main. taining a school for eight months in any year in consequence of fire, flood, prevailing epidemic, or other cause which may, upon investigation by the Superintendent of the county, be determined to be a good and sufficient one, said balance shall not be reapportioned.

16. Boards of Trustees may use the county school moneys for any of the purposes authorized by the school law; but all State school moneys must be applied exclusively to the payment of teachers of primary and grammar schools.

17. Boards of Trustees are liable as such, in the name of the district, for any judgment against the district for salary due any teacher on contr ct, and for all debts contracted under the provisions of this chapter, and they must pay such judgment or liabilities out of the school moneys to the credit of such district; provided, that the contracts mentioned in this section are not in excess of the school moneys accruing to the district for the school year for which the contracts are made, otherwise the district shall not be held liable.

District Clerks.

Section 1649. Boards of Trustees must annually, on the first Saturday of July, meet and elect one of their number Clerk of the district; and if a Clerk is not elected at this date, the Superintendent shall appoint.

Section 1650. It is the duty of the Clerk: First-To call meetings of the Board at the request of two members, and to act as clerk of the Board, and keep a record of its proceedings, and an accurate account of the receipts and expenditures of school moneys.

Second-To keep his records and accounts open to the inspection of the electors of the district, in suitable books provided by the Board of School Trustees for that purpose.

Third-To place the monthly journal designated as the official organ of the Department of Public Instruction in the school district library each month; and if be fails to receive it regularly, to immediately notify the pub. lishers of such fact.

Fourth-To perform such other duties as may be prescribed by the Board.

Section 1651. The Clerk of each district must, under the direction of the Board of Trustees, provide all school supplies authorized by this chapter, keep the school-house in repair during the time school is taught therein, and exercise a general care and supervision over the school premises and school property during the vacations of the school.

Boards of Trustees should purchase the minute book and other necessary books and stationary for the proper discharge of these duties. Clerks would save themselves and their district considerable annoyance by keeping full and correct minutes of the proceedings of the meetings of trustees. They should see that all contracts made with teachers and others are spread in full on their minutes. Were this done, the appeals by teachers to this office for salary withheld could easily be determined. Minutes properly kept are protection to all parties concerned.

SAMUEL T BLACK, Supt. Public Instruction.

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