tion fees and the state appropriation for institutes, which, together
with the county appropriation, shall be designated as the county teach-
ers' institute fund; he shall also report monthly the names of all appli-
cants for teachers' certificates to the county auditor. All disbursements
of the institute fund shall be by warrants drawn by the county audi-
tor, who shall draw said warrants upon the written order of the county
superintendent, and said written order must be accompanied by an
itemized bill for services rendered or expenses incurred in connection
with the institute, which bill must be signed and sworn to by the party
in whose favor the order is made and must be verified by the county
superintendent. All said orders and bills shall be kept on file in the
SCHOOL LAWS OF IOWA 29
auditor's office until the final settlement of the county superintendent
with the board of supervisors at the close of his term of office. No war-
rant shall be drawn by the auditor in excess of [the] institute fund
then in the county treasury. The county superintendent shall furnish
to the county board of supervisors a certified itemized account of the
receipts and disbursements of all moneys collected and paid out by him
for teachers' institutes and summer schools, which account they shall
examine, audit and publish a summary thereof with the proceedings of
the regular June meeting of the board. The county superintendent
shall report to the board of supervisors on the first of January annually
a summary of his official financial transactions for the previous year.
County superintendents are hereby authorized by law to conduct from
four to six weeks summer school where it may be deemed advisable,
for the purpose of giving teachers and prospective teachers academic
instruction. A fee shall be collected from each attendant sufficient in
the aggregate to meet all necessary expenses for the support of said
summer school. The fee so collected shall be paid into the county insti-
tute fund and a list of the names of all attendants shall be filed with
the county auditor. "Warrants for the purpose of paying instructors
employed in summer schools shall be drawn by the county auditor, who
shall draw said warrant upon written order of the county superin-
tendent, and said written order must be accompanied by a certified
itemized bill for services rendered or expenses incurred in connection
with said summer school, but no warrant shall be issued in excess of
the fees received from the summer school and deposited with the county
treasurer. This act shall not take effect until July first, nineteen hun-
dred fourteen. [35 G. A., ch. 225, § 2; 34 G. A., ch. 130, § 11 ; 30 G.
A., ch. 113; 29 G. A., ch. 123, M ; 27 G. A., ch. 87, § 1 ; 17 G. A.,
ch. 54; 15 G. A., ch. 57; C. '73, § 1769.]
Notes: 1. Time, The normal institute must 'be held when the public
schools are generally in session. Section 2 773 provides that no school may
be in session during a teachers' institute, except by written permission of
the county superintendent.
2. Plans. County superintendent will determine the time and place,
and suggest the names of conductor and instructors for approval.
3. Value. If the proper means are employed, the normal institute can
be rendered invaluable to teachers. Young and inexperienced teachers
should not expect to receive certificates, except of the lowest grade, without
regularly attending the normal institute. The benefits to be received should
secure voluntary and general attendance.
4. Faculty. A conductor of successful experience in institute work, able
to give plain, practical instruction in methods of school organization, gov-
ernment and teaching, should be secured early. The other instructors should
be superior teachers of recent experience.
5. Ability should be established. County superintendents should have
sufficient evidence of the abilities of their instructors before engaging them.
In all cases where strangers are employed, references should be required,
and inquiries made at the state department will frequently secure the proper
30 SCHOOL LAWS OF IOWA
6. Director. The superintendent may be director, assuming the gen-
eral oversight and direction of the institute. He may receive no part of
the institute fund in payment for such service.
7. Purjjose. These normal institutes are short inspirational schools,
their object ibeing to reach and correct the greatest defect found in the
schools. The superintendent, in visiting schools, should seek to discover
the most prominent defects and wants in the methods of instruction. The
normal institute will afford effective means of reaching and correcting these
faults. The great object is to instruct teachers how to teach children.
8. JLecturers, appai'atus. In normal institutes, efficient and earnest in-
structors should be employed. Charts and other appliances should be
amply provided. Physicians and scientists may be invited to lecture, and
teachers should be exhorted to be sincere, fearless and faithful in the dis-
charge of their duty.
9. Reports to treasurer. The reports and payments to the county treas-
urer should be made the first of each month, and at the end of the institute.
10. SettJement with supervisors. It is the duty of the board of super-
visors to settle with the county superintendent, at the close of his term of
office, as with other county officers, according to the provisions of the law.
11. Examination fee. The examination fee is in every case one dollar.
Sec. 2739. Reports. The county superintendent shall annually, on
the last Tuesday in August, make a report to the superintendent of
public instruction, giving a full abstract of the several reports made to
him by the secretaries and treasurers of school boards, stating the
manner in and extent to which the requirements of the law regarding
instruction in physiology and hygiene are observed, and such other
matters as he may be directed by the state superintendent to include
therein, or he may think important in showing the actual condition
of the schools in his county. At the same time, he shall file with the
county auditor a statement of the number of persons of school age in
each school township, and independent district in the county. He shall
also report, as provided by law, to the superintendent of the college
for the blind, the name, age, residence and postoffice address of every
person, resident of the county, so blind as to be unable to acquire an
education in the common schools; to the superintendent of the insti-
tution for the deaf and dumb, with the same detail, all persons of school
age whose faculties in respect to hearing or speaking are so deficient
as to prevent them from acquiring an education in such schools ; and
to the institution for the feeble-minded, all persons of like age who,
because of mental defects, are entitled to admission therein. [31 G. A.,
ch. 136, § 1; 21 G. A., ch. 1, § 2; C. '73; §§ 1772, 1775; R., § 2071.]
Notes: 1. Blanks. The blanks for the annual report of the county su-
perintendent, together with instructions for making the report, are fur-
nished by the superintendent of public instruction. The blanks for the re-
ports to the different institutions should be furnished by the superintend-
ents in charge of such institutions.
2. Tests. The superintendent should test the accuracy of the treasurers'
reports by consulting the books of the county treasurer. The amount of
the several funds reported received from the district tax. also the amount
received from the semi-annual apportionments, must agree with the county
SCHOOL LAWS OP lOWA 21
3. Errors. All errors must be corrected. The ibalances reported on hand
in the last report from the district treasurer must the following year be
correctly accounted for and must form the first item of such report and
be designated: "On hand at last report."
4. Eiiunieration. The abstract of the enumeration of children in each
district should be made with special care, complete and accurate; other-
wise the county will not obtain its just proportion of the income of the per-
manent school fund.
5. Delayed reports. Should the district secretaries or treasurers fail to
make their reports in time, the superintendent should take prompt meas-
ures to secure them, going after them if necessary.
Sec. 2740. Enforcing laws. The county superintendent shall see
that all provisions of the school law, so far as it relates to the schools
or school oificers within his county, are ohserved and enforced, spe-
cially those relating to the fencing of schoolhouse grounds with barb
wire, and the introduction and teaching of such divisions of physiology
and hygiene as relate to the effects of alcohol, stimulants and narcotics
upon the human system, and to this end he may require the assistance
of the county attorney, who shall at his request bring any action neces-
sary to enforce the law or recover penalties incurred. [21 G. A., ch. 1,
§ 2; 20 G. A., ch. 103, § 2.]
Sec. 2741. Penalty. Should he fail to make the report herein re-
quired of him to the superintendent of public instruction or the county
auditor, he shall forfeit to the school fund of his county the sum of fifty
dollars, to be recovered in an action brought by the county for the
use of the school fund, and in addition shall be liable for all damages
occasioned thereby. [C. '73, § 1773; R., § 2072.]
Note: 1. Additional to penalty. In addition to the penalty provided In
in this section for a failure to make the annual report, the delinquent county
superintendent is required to pay a reasonable compensation to the person
whom the superintendent of public instruction may appoint to make such report
for him. Section 2622.
Sec. 2742. Compensation. He shall receive a salary of twelve hun-
dred fifty dollars a year, the expenses of necessary office stationery and
postage, and those incurred in attendance upon meetings called by the
superintendent of public instruction; claims therefor to be made by
verified statements filed with the county auditor, who shall draw his
warrant upon the county treasurer therefor; and the board of super-
visors may allow him such further sum by way of compensation as may
be just and proper. Provided, however, that from and after the first
day of September, nineteen hundred fifteen, county superintendents
shall receive the following salary, payable monthly, and the representa-
tives of the school corporations in session may allow them such further
sum by way of compensation as may be just and proper. He shall re-
ceive a salary of fifteen hundred dollars a year, the expenses of neces-
sary office stationery and postage, and those incurred in attendance
upon meetings called by the superintendent of public instruction ; claims
therefor to be made by verified statements filed with the county auditor,
who shall draw his warrant upon the county treasurer therefor; and
the board of supervisors may allow him such further sum by way of
32 SCHOOL LAWS OF IOWA
compensation as may be just and proper. [35 G. A., ch. 107, § 2 ; 29
G. A., eh. 124, § 1; 19 G. A., ch. 161, § 1; C. '73, § 1776; R., § 2074.]
Notes: 1. Superintendent determines oftlce days. It is the intention of
the law tliat each county superintendent sliall determine the time neces-
sary to be employed in the duties of liis office, and the division of labor to
be made. Of course specific duties are required, such as making certain
reports at times designated, visiting schools, and that he shall conform to
the instructions from the superintendent of public instruction. But in gen-
eral, he is to decide for himself, as indicated in his oath of office, what
means will -best advance the work in his county.
2, Office supplies furnished. The board of supervisors shall furnish the
county superintendent with an office at the county seat, together with fuel,
lights, blanks, books and stationery necessary and proper to enable him
to discharge the duties of his office, but in no case shall such officer be per-
mitted to occupy an office also occupied by a practicing attorney. Code,
section 468. Report, attorney-general, 1906, page 261.
3. Office stationery — what may be included. Attendance and classifica-
tion registers, record books for school directors and secretaries, librarian's
records for rural libraries, institute records, report cards, and packages
of blanks for use of school officers in calling meetings and making reports
were held to be necessary office stationery. See decision of Judge J. H.
Applegate in case of Hammond & Stephens Co. vs. Dallas county, Dallas
county district court.
THE SYSTEM OP COMMON SCHOOLS.
Sec. 2743. School districts — corporate powers. Each school dis-
trict now existing shall continue a body politic as a school corporation,
unless hereafter changed as provided by law, and as such may sue and
be sued, hold property, and exercise all the powers granted by law,
and shall have exclusive jurisdiction in all school matters over the
territory therein contained. [C. '73, §§ 1713, 1716; R., §§ 2022, 2026;
C. '51, § 1108.]
Notes: 1. Boundaries. In boundaries, school townships usually coincide
with civil townships. 41 Iowa, 30.
2. Garnishee. Section 393 6 of the code provides that a municipal or po-
litical corporation shall not be garnisheed. However, the corporation may
waive exemption for this process. 25 Iowa, 315.
3. All territory in some corporation. The policy of our law is, that the
territory once organized for school purposes must always remain within
some jurisdiction, and that it may not be detached from the jurisdiction to
which it belongs without at the same time becoming a separate jurisdiction
or a part of another jurisdiction for school purposes. 82 Iowa, 10. De-
4. General Powers. A school corporation may possess and exercise the
following powers: (a) Those granted in express terms, (b) Those neces-
sarily implied or necessarily incident to the powers expressly granted, (c)
Those absolutely essential to the declared objects and purposes of the cor-
poration. 25 Iowa, 163; 39 Iowa, 447; 52 Iowa, 193; and 19 Iowa, 199.
5. Validity of school organization. Quo warranto, rather than certiorari,
is the proper remedy to test the validity of the organization of a school
district, and appeal to the superintendent is not the exclusive remedy.
129 Iowa, 538.
6. Unauthorized official acts — test of. Code, section 4313, authorizing
a quo warranto proceeding to test the official and corporate rights does not
preclude a school township from maintaining an action in equity in its
SCHOOL LAWS OF IOWA 3S
own name to enjoin persons, assuming without authority to act as officers
of an independent district within the township, from interfering with the
rights of the school township and also for an accounting, as the former pro-
ceeding is for the protection of public interest and the latter to redress
private wrongs. 122 Iowa, 602.
7. Limit of contracts. While it is not essential that contracts made
by the board be limited to the term of office of the individual members,
yet it is evidently the legislative intention that contracts with teachers
shall not be made for more than one year. BurJcJiead v. Independent 8ch.
Dist., Iowa 107-29, 77 N. W. 491. This does not apply to City Superintendents.
8. Action in equity* A school township may maintain an action in equity
to enjoin persons from assuming without authority to act as officers of a
district within such township. School Township v. Wiggins, Iowa 122-602,
9. Property. While the district has power to hold property for any
purpose for which property is authorized to be acquired by it, yet if it has
by action of the board taken a conveyance of property for a new site and
the action of the board in establishing such site is reversed on appeal to the
county superintendent, the conveyance becomes invalid and inoperative with-
out any action on the part of the board for rescission. Ind. School Dist. v.
McGlure, Iowa 136-122, 113 N. W. 554.
Sec. 2744. Names. District townships now existing shall hereafter
be called school townships, subdivision of which shall be called sub-
districts. School corporations shall be designated as follows : The school
township of (naming civil township), in the county of (naming
county), state of Iowa; or, the independent school district of (naming
city, town or village, and if there are two or more districts therein, in-
cluding some appropriate name or number), in the county of (naming
county), state of Iowa; or, the rural independent school district of
(some appropriate name or number), township of (naming township),
in the county of (naming county), state of Iowa. [27 G. A., ch 91, §
1; C. '73, § 1716; R., § 2026; C. '51, § 1108.]
Notes: 1. Subdistrict not a corporation. A subdistrict is not a corpora-
tion, and hence can neither hold property nor perform any corporate act.
2. Use of corporate name. In suits, contracts and conveyances, the cor-
porate name should be strictly observed.
3. Change of name. At their annual meeting, the electors of any rural
independent school district may vote by ballot to change the name of the
district, and the board will be guided by this expressed wish.
Sec. 2745. Directors. The affairs of each school corporation shall
be conducted by a board of directors, the members of which in all inde-
pendent school districts shall be chosen for a term of three years, and
in all subdistricts of school townships for a term of one year. [26 G.
A., ch. 40 ; 18 G. A., ch. 143 ; 17 G. A., ch. 113 ; 15 G. A., ch. 27 ; C.
'73, § 1802; R., §§ 2099, 2100, 2106.]
Notes: 1. Term begins. The terms of directors of independent city,
town and villages and consolidated school corporations begin on the third
Monday of March and of rural independent districts and school townships
on the first day of July following their election. Sections 2757, 2758.
2. Term when filling vacancies. A director "holding over," or elected or
appointed to fill a vacancy, assumes the duties of the office within ten days
[section 12 75, and, if "holding over," or appointed, serves until the next
regular election (section 1276), or, if elected, for the remainder of the term
U SCHOOL LAWS OP lOWA
3. Directors may not handle books. Section 2 834 clearly prohibits a
school director from engaging, on his own account, in the sale of school
books and supplies to pupils. 130 Iowa, 31.
4. Management. The management of school affairs is left to the dis-
cretion of the board of directors, and such discretion will not be interfered
with by the courts so far as it is exercised within the scope of the powers
conferred upon the board. Kinzer v. Independent School Dist., Iowa 129-
441, 105 N. W. 686.
5. ControL The board of directors being given exclusive control over
the affairs of the school corporation subject to appeal to the county superin-
tendent, an action of mandamus will lie to compel the board to comply with
the orders of the superintendent in a matter to which the board has ex-
clusive jurisdiction. State v. Thomas, Iowa 152-500, 132 N. W. 842.
Sec. 2745-a. Duty of boards of school directors — fence. It shall be
the duty of all boards of school directors in school districts where the
schoolhouse site adjoins the cultivated or improved lands of another to
build and maintain a lawful fence between said site and cultivated or
improved lands. [27 G. A., ch. 88, § 1.]
Notes: 1. Barbed wire. Barbed wire may not be used to fence a school
site, nor for any fence or other purpose within ten feet of the site. Section 2817.
2. -Lawful fence- For the specifications of a "lawful fence" see section
2367 of the supplement to code 1913.
3. "Tight" fence. A partition fence shall be made tight by the party
desiring it. Section 2367 of the code.
4. Fence viewers. The township trustees constitute the fence viewers
for the purpose of determining matters in controversy. Section 23 67 of
5. Additional law. See section 27 73 code.
Sec. 2745-b. Rights of owner of adjoining- lands. The owner of
lands adjoining any schoolhouse site shall have the right to connect the
fence on his lands with the fences around any schoolhouse site, but
he shall not be liable to contribute to the maintenance of the fence
around said site. [27 G. A., ch. 88, § 2.]
Note: Barbed wire prohibited. Barbed wire may not be used to con-
nect the fence of an adjoining land owner with the fence around a school
site. Barbed wire may not be brought nearer than ten feet of the school
premises. Section 2817.
Sec. 2746. Annual meeting of corporation. A meeting of the voters
of each school corporation shall be held annually on the second Monday
in March for the transaction of the business thereof. Notice in writing
of the place, day and hours during which the meeting will be in session,
specifying the number of directors to be elected, and the terms thereof,
and such propositions as will be submitted to and be determined by the
voters, shall be posted by the secretary of the board in at least five
public places in said corporation, for not less than ten days next pre-
ceding the day of the meeting. The president and secretary of the
board, with one of the directors shall act as judges of the election. If
any judge of election is absent at the organization of the meeting the
voters present shall appoint one of their number to act in his stead.
The judges of election shall issue certificates to the directors elected.
[19 G. A., ch. 51; 18 G. A., ch. 7, § 1 ; 18 G. A., ch. 63; C. '73, §§ 1717,
1719; R., §§ 2027-8, 2031, 2033; C. '51, §§ 1111, 1114-15.]
SCHOOL LAWS OF IOWA 35
Notes: 1. But one day. The meeting cannot be adjourned to another
day, and must be held at the time and in the manner directed by the law.
2. Notice necessary. It is mandatory upon the secretary to give ten
days' notice of the annual meeting of the school corporation and of such
propositions as the board or the electors by petition, as provided in section
2749, may desire to have submitted to the electors at that time. Failure"
to do so will invalidate any action that may be taken by the electors at
such meeting. 118 Iowa, 2 07.
3. Secretary must be directed. The secretary cannot give legal notice
of any proposition unless directed to do so by the board of directors. Mc-
Nees et al vs. School Toivnship, East River, 133 Iowa, 120; Kinney vs. Howard,
133 Iowa, 94; and Note 1, section 2829.
4. Notice— kind. Not less than ten days' notice by posting in at least
five public places must be given. Section 2746. But in school corporations
having five thousand or more inhabitants, notice shall be posted in each
precinct and published in a newspaper. Section 2754.
5. Registration. In corporations of five thousand or more inhabitants,
the board may provide for the registration of voters. Section 2755.
6. Polls open. In corporations of five thousand or more inhabitants, the
polls shall open at 9 a. m. Section 2 75 6. In all other corporations at 1 p. m.
7. Duration. In corporations of five thousand or more inhabitants, the
polls shall remain open until 7 p. m. Section 2 75 6. In independent city,
town and village corporations of less than five thousand inhabitants they
must remain open five hours and in rural and independent districts and
school townships two hours. Section 2754.
8. Official record. The secretary shall make a complete record of the
transactions of each annual or special meeting of the electors. Section 2761.
In the absence of a record the action taken may be shown by parol evidence.
Kinney vs. Hoicard, 133 Iowa, 94.
9. Poll book. A record of the names of all persons voting shall be kept
by the secretary. Section 2761.
10. By ballot. All elections by the people shall be by ballot. Constitution
of Iowa, article 2, section 6. Directors of subdistricts shall be chosen by
ballot. Section 2751. Members of the board in independent districts shall
be chosen by ballot, section 2 754. Directors-at-large of school township
is chosen in the same manner, section 2 752. All propositions must be voted
upon by ballot, section 2749.
11. Form of ballot, (a) As to candidates. The ballot should designate
the term voted for in connection with the naihe of the candidate. Section
(h) As to propositions. The ballot must state each proposition for which
notice has been given and shall provide an appropriate place in connection
with each for the voter to express his wish. Section 2749. Decision, 99.