(c) General rule. "It is a general rule that in submitting a question on
issuing bonds, a substantial compliance with the statute is sufficient." Cala-
han vs. Handsaker et al, 133 Iowa, 622, 22; Kinney vs. Hoivard, 133 Iowa, 94.

12. Tie vote. A tie vote shall be publicly determined by lot before ad-
journment under the direction of the judges. Section 27 54.

13. Judges. In corporations of five thousand or more, the judges for
each precinct shall, where possible, consist of a member of the board and
two voters of the precinct (section 2756). In all other corporations (a
subdistrict is not a corporation), the judges shall consist of the president,
the secretary and a member of the board. Sections 2746, 2756.

14. Failure of judges to serve. In case any judge is absent, the electors
present at the opening of the polls shall fill the vacancy from among their
number. Section 2746.



36 SCHOOL LAWS OF IOWA

15. Compensation of judges and registrars. In corporations of five thou-
sand or more, persons (not members of the hoard) appointed by the board
to serve as judges and those appointed as registrars may receive compensa-
tion for their services. Section 2755. Attorney-general, report 1904; page
298.

16. Members receive no compensation as judges. Section 2780.

17. Biennial amendment — effect of. The provisions of the biennial amend-
ment do not apply to school and municipal elections. 127 Iowa, 181.

18. Qualtfications^ — electors. See section 2 747.
School officers. See section 2 74 8.

19. Powers of electors. See sections 2749, 2750, 2812-d, 2836, 2837.

20. Special elections. See sections 2750, 2763-a to 2763-c.

21. Regular election. See sections 2749, 2754, 2755, 2756.

22. Term of director — beginning— duration. See section 2745.
2 3. When qualify. See section 2 75 8.

24. Duty. The law presumes that the officer charged with the posting
of the notices has performed his duty. Calahan v. Handsaker, 133-622, 111
N. W. 2 2.

25. Number of notices. Where it was proposed, under section 2794,
Code Supp. 1913, to consolidate the territory or parts of territory of several
subdistricts — some nine tracts in all — into an independent school district,
held, that the posting of five notices within the territory of the said nine
tracts was sufficient. To hold that the statute required the posting of five
notices in each subdistrict, or part thereof, would in effect be a judicial
amendment to the statute. Scofield v. Ferguson, 151 N. W. 497. Townsend v.
Garrett, 152 N. W. 565.

2 6. Time of posting notices. Notices posted March 18th, for a meeting on
March 28th complies with this section. Consolidated School Dist. v. Martin,
152 N. W. 623.

Sec. 2747. Electors. To have the right to vote at a school meeting
a person must have the same qualifications as for voting at a general
election, and must be at the time an actual resident of the corporation
or subdistrict. In any election hereafter held in any school corpora-
tion for the purpose of issuing bonds for school purposes or for in-
creasing the tax levy, the right of any citizen to vote shall not be
denied or abridged on account of sex, and woman may vote at such
elections the same as men, under the same restrictions and qualifica-
tions so far as applicable. "[25 G. A., ch. 39.]

Notes: 1. Qnalification of electors. To be entitled to the rights of
suffrage, a person must be a male citizen of the United States, twenty-one years
of age. a resident of the state six months next preceding the election, and of
the county sixty days. Constitution, article 2, section 1. 69 Iowa, 368, and 75
Iowa, 220. He must be a legal resident of the corporation and subdistrict, also.

2. Naturalization must be completed. The declaration of intention by
one who expects to become fully naturalized, does not entitle such person
to vote. In some states this is a fact, but in Iowa what is called second
papers must be taken out; that is, an elector must be either native born, or a
naturalized citizen, must be a male, and not disfranchised in any way men-
tioned by the law.

3. Citizen. All persons born or naturalized in the United States and sub-
ject to the jurisdiction thereof, are citizens of the United States and of the
state wherein they reside. Constitution United States, amendment XIV. See
page 27, code 1897.



SCHOOL LAWS OF IOWA 37

4. Resldence-^voting. The precinct in which an unmarried man rooms
and sleeps, rather than the one in which he takes his meals, will determine the
question of his residence with respect to the right to vote. 129 Iowa, 122.

5. Kesidence — three rules. (1) Must have residence somewhere. (2)
Residence established remains until a new one is acquired. (3) Can have but
one legal residence. 129 Iowa, 122.

6. Residence^tlie vital question. The vital inquiry then in determining
the residence of a person always is, where is his home, the home where he
lives and to which he intends to return when absent or when sick, or when his
present engagement ends. 129 Iowa, 122.

7. Women voting. The law confers upon women the right to vote upon
only the matters distinctly mentioned. They may vote upon propositions to
issue bonds and levy schoolhouse taxes. Kinney v. Howard, 133 Iowa, 94.

8. Separate ballot box. A separate ballot box must be provided for the
ballots cast by women, and a separate canvass made of their votes. Code, sec-
tion 1131.

9. Registration. Registration is necessary in school corporations of five
thousand or more inhabitants. Section 2755 and attorney general, report 1906,
page 174.

Sec. 2748. Officers — qualifications. A school officer or member of
the board may be of either sex, and must at the time of election or
appointment be a citizen and a resident of the corporation or sub-
district, and over twenty-one years of age, and, if a man, he must be a
qualified voter of the corporation or subdistrict. [16 G. A., ch. 136.]

Notes: 1. Sex not a bar. No person shall be deemed ineligible by rea-
son of sex, to the office of director, secretary, treasurer, truant officer or county
superintendent. Sections 2748 and 2734-b.

2. Residence essential. Only a resident may be elected to a school office.
Section 2748. Removal from the corporation or subdistrict creates a vacancy,
Section 1266, paragraph 3.

3. De facto officers. In the absence of any color of election or appoint-
ment a party to be treated as a de facto officer must have served under such
circumstances of reputation or acquiescence as would induce the public to
believe without inquiry that he was in fact such officer. 129 Iowa, 406.

4. De facto officers — test of title. See Vette vs. Byington, 109 N. W., 1073.

5. Powers of school officers. School officers have only such powers as
are conferred by statute and when the conditions under which these are to be
exercised are clearly defined they cannot be ignored. 110 Iowa, 652.

6. De facto officers — legality of acts. The acts of officers acting under
color of election or appointment, and in good faith, are valid. 101 Iowa, 382.
See also note 8, section 2771.

Sec. 2749. Powers. The voters assembled at the annual meeting
shall have power:

1. To direct a change of text-books regularly adopted;

2. To direct the sale or make other disposition of any schoolhouse
or site or other property belonging to the corporation, and the applica-
tion to be made of the proceeds of such sale ;

3. To determine upon added branches that shall be taught, but in-
struction in all branches except foreign languages shall be in English;

4. To instruct the board that school buildings may or may not be
used for meetings of public interest;

5. To direct the transfer of any surplus in the schoolhouse fund to
the teachers' or contingent fund;

6. To authorize the board to obtain, at the expense of the corpora-
tion, roads for proper access to its schoolhouses ;



38 SCHOOL LAWS OF IOWA

7. To vote a schoolhouse tax, not exceeding ten mills on the dollar
in any one year, for the purchase of grounds, construction of school-
houses, the payment of debts contracted for the erection of school -
houses, not including interest on bonds, procuring libraries for and
opening roads to schoolhouses.

The board may, or, ' upon the written request of five voters of any
rural independent district, or of ten voters of any school township, or
of twenty-five voters of any city or town independent district having a
population of five thousand or less, or of fifty voters of any other city
or town independent district, shall, provide in the notice for the annual
meeting for submitting any proposition authorized by law to the voters.
All propositions shall be voted upon by ballot in substantially the fol-
lowing form: "Shall a change of text-books be directed?" (or other
questions as the case may be) ; and the voter shall designate his vote
by writing the word "yes" or "no" in an appropriate place on the
ballot. [21 G. A., ch. 131, § 1 ; 19 G. A., ch. 51 ; 18 G. A., ch. 63 ; C. '73,
§§ 1717, 1807; R., §§ 2027-8, 2033; C. '51, §§ 1114, 1115.]

Notes: 1. Additional powers, (a) To vote on a proposition for county
uniformity of text-books. Section 2831.

(b) To authorize the board to purchase text-books to be loaned to the pupils.
Section 2836.

(c) To authorize the board to issue school building bonds. Section 2812-d.

2. Limitation of powers. The voters have only such powers as are con-
ferred by the statute, either expressly or by reasonable implication. Section
2743. 110 Iowa, 652.

3. Disposition of school property. The voters of any district when as-
sembled at their annual meeting may direct that a schoolhouse or the school-
house grounds not needed for public school purposes may be sold, rented,
leased, or the use thereof granted, for any purpose that will not interfere with
the subsequent use or value of such schoolhouse property for public school
purposes. Section 2749.

4. By ballot. Special attention is called to the fact that under the pres-
ent law all propositions before the electors at their annual meeting must be
voted upon by ballot. See last paragraph, section 2749.

5. Sale must be directed. Schoolhouses cannot be sold without previous
direction of the voters, but their action in voting a tax for the erection of a
new schoolhouse on the old site gives the board authority to remove the old
house. Paragraph 2, section 2749. See also 110 Iowa, 652.

6. Loaning funds. The voters have no authority to instruct the board
to loan money belonging to the district, nor to order money invested in gov-
ernment bonds. See note 2, ante.

7. Vested right. The general statement is that when an amount has
been voted for a specific purpose, the parties directly interested thereby ac-
quire a vested right in such money appropriated, of which they may not be
deprived, even by the voters. 50' Iowa, 648; 100 Iowa, 317.

8. Transfer. The only change of money from one fund to another pos-
sible under the law is the transfer of surplus schoolhouse funds to either
of the other funds. Paragraph 5, section 2749.

9. Added branches. If the voters direct that any additional branches
shall be taught in one or all of the schools, their action is mandatory, and
the board is bound to endeavor in good faith to fulfill such wish. 44 Iowa, 564.

10. Course of study. The voters may not limit nor restrict the board
to the adoption of a course of study including only such branches as the



SCHOOL LAWS OF IOWA 39

voters may name. Nor may the voters direct that a particular branch, or
branches, shall not be taught. It is the province of the board to decide
what branches besides those named by the voters shall be included in the
course of study and taught in the schools. Section 2772.

11. Voters may not prohibit. The voters have no power to prohibit any
branch being taught, if introduced by the board, neither has the board power
to prevent the teaching of any study which the voters have directed shall be
taught. 44 Iowa, 564. Section 2772.

12. Schoolhouse taxes. All schoolhouse taxes must he voted by the voters
of the corporation, or the subdistrict; this power cannot be delegated to
the board. For exceptions see section 2806, note 3; sections 2811 and 2813.

13. Sum necessary. The specific sum of money deemed necessary, and
not a certain number of mills on the dollar, should be voted, except when a
district lies in two counties. The per centum necessary to raise this sum is
determined by the board of supervisors. Section 2806.

14. Taxes to be voted by electors. The power to vote schoolhouse taxes
or school building bonds for the purchase of sites, erection and repair of
schoolhouses, and the payment of debts contracted therefor belongs exclu-
sively to the voters. The sums necessary for the teachers' and contingent
funds are determined by the board. Amounts necessary to pay on judg-
ments and bonds may be voted by the electors or estimated by the board.
Sections 2749, 2806 and note 3, 2813.

15. Compelling board to act. Failing to carry out instructions from this
meeting, the board may be compelled by mandamus to show reason why the
expressed wish of the voters has not been complied with. Section 2778; de-
cisions, 20; 50 Iowa, 648.

16. Suggestive action. A vote upon matters which by the law are to be
determined by the board, is not binding upon the board, but is only sug-
gestive. In such matters, the board will still be left free to exercise the dis-
cretion vested in it by the law. Note 4, section 2743.

17. JNotice necessary. In order that action may be taken at the annual
meeting of the school corporation, it is essential that notice shall be given,
as provided in section 2746, that such a matter will be presented at the
meeting. When assembled, the voters have power to act only upon such of the
powers conferred as have been incorporated in the notice for the meeting.
Section 2746; 118 Iowa, 207; decision, 99.

18. Subdistricts claim. A subdistrict has no legal claim upon school-
house property, although in equity a tax voted to build in a certain sub-
district must be expended as voted, and when a schoolhouse has been built
or repaired from schoolhouse funds raised upon that subdistrict alone, even
the voters should recognize the vested right of the subdistrict to retain such
property and to enjoy its use. 50 Iowa, 648.

19. Removal from subdistrict. If it is desired to move the schoolhouse
out of the subdistrict the voters of the school township must first so order at
the annual meeting . Decision, 15; paragraph 2, section 2749.

20. Jurisdiction of covirt. It is the exclusive province of the courts to
determine questions with relation to any vote at a school meeting, or with
relation to the choice of members of the board or of officers of the board.
Notes 10 to 13 inclusive, to section 2758. 129 Iowa, 441.

21. Koads. See sections 2815, 2750, 2773.

22. Text-books — Cliange of. Sections 2749, 2829.

23. Original indebtedness. Original indebtedness may not be created ex-
cept by vote of the electors. Section 2823.

24. Limit of indebtedness- See section 1306-b, and 2 820-d2.

2 5. Each preliminary step not necessary. It is not necessary that the
ballot contain a recital of every preliminary step necessary to render the
election valid. Calahan v. Handsaker,- 133 Iowa 622, 111 N. W. 22.

2 6. Statutory compliance necessary. No specific form of ballot is pre-
scribed; all that is necessary is that the ballot fairly and intelligently present
the question that is to be voted upon. A substantial compliance with the



40 SCHOOL LAWS OF IOWA

statute is sufficient. So held where the question was as to the validity of bonds
issued on a vote of the electors. Ibid.

27. Electors may rescind tax. The electors of a district township hav-
ing the power to vote a tax may rescind such vote unless, by so doing; they
interfere with vested rights; and held that where the board and its officers^
had failed to certify a schoolhouse tax for collection, and the persons desiring
to secure the schoolhouse for which the tax was levied had no interest except
the right to bring action to compel the certification of the tax, they had no such
vested interest as to authorize them to object to the rescission of the tax.
Hibhs V. Board of Directors, 110 Iowa 306, 81 N. W. 584.

28. Tax enforceable against new territory. A schoolhouse tax voted by
the electors at their regular meeting is enforceable against property which is
brought into the school district by extension of its limits prior to the levy
of such tax, although at the time the tax was voted the owner was not a
resident and could not participate in the election, and notwithstanding the
fact that the tax had been certified to the county board for levy before such
annexation took place. Grout v. IlUngworth, 131 Iowa 281, 108 N. W. 528.

29. Submission discretionary. In the absence of a written request for
the submission at the annual meeting of any proposition authorized by law, it
is discretionary with the board to provide in the notice of the meeting for such
proposition to be submitted. Kirchner v. Board of Directors, 141 Iowa 43, 118
N. W. 51.

30. Vote excess funds. Electors may vote a fund for the erection of a
schoolhouse in excess of the amount that can be realized by the statutory levy
and in such case the board of supervisors should make the legal levy notwith-
standing the excessive amount voted by the electors. The vote of the electors
in such case is not void although larger in amount than can be legally levied
in any one year. IMd.

31. Electors may direct sale. The taxpayers have no sujch vested right
in a schoolhouse built in accordance with the vote of the electors as to justify
a court of equity in enjoining the sale thereof as ordered at an annual meeting
or a special meeting duly called. Barclay v. School Township, 157 Iowa 181,
138 N. W. 395.

Sec. 2750. Special meeting. The board of directors may call a spe-
cial meeting of the voters of any school corporation by giving notice in
the same manner as for the annual meeting, which shall have the powers
given to a regular meeting with reference to the sale of school property
and the application to be made of the proceeds, and to vote a school-
house tax for the purchase of a site and the construction of a necessary
schoolhouse, and for obtaining roads thereto. [28 G. A., ch. 104, § 1; 24
G. A., ch. 21 ; 18 G. A., ch. 84.]

Notes: 1. Submission optional. The submission of a proposition to a
special meeting, even though requested by the electors, is discretionary with
the board and its action will not be interfered with by mandamus. Kirchner
V. Board of Directors, 141 Iowa 43, 118 N. W. 51.

2. Special notice. The provision as to notice of special meetings of the
board contemplates some form of specific personal notice on each member. It
does not authorize the mailing of such notice. Personal delivery of some
form of notice is required. On failure to give proper notice to a member, a
special meeting of the board is not lawfully called and it cannot lawfully act.
Barclay v. School Township, 157 Iowa 181, 138 N. W. 395.

3. Additional powers. To authorize the board of directors to issue school
building bonds. Section 2812-d.

4. Additional indebtedness. Bonds may be voted under section 2820-a to
2820-e only at a special meeting called for that purpose.

5. Number of special meetings. The law does not limit the number of
special meetings that may be called. Section 2750,



SCHOOL LAWS OP IOWA 41

Sec. 2751. Subdistrict meeting. The meeting of the voters of each
subdistrict of a school township shall be held annually on the first Mon-
day in March, and shall not organize earlier than nine o'clock a. m.,
nor adjourn before twelve o'clock m. Notice in writing of the time
and place of such meeting and the amount of schoolhouse tax to be
voted shall be given by its director, or if there is none by the school
township secretary, by posting in three public places in the subdistrict
for five days next preceding the same. The voters shall select a chair-
man and secretary of the meeting who shall act as judges of election,
and shall also elect a director for the subdistrict by ballot. The vote
shall be canvassed by the judges of election, and the person receiving
the highest vote shall be declared elected. [22 G. A., ch. 51; 18 G. A.,
eh. 7, § 1; C. '73, §§ 1718-19, 1789; R., §§ 2030-1; C. '51, § 1111.]

Notes: 1. Purpose of the law. The object is to prevent a few design,
ing persons from meeting at an unusual hour, dispatching the business with
unseemly haste, and adjourning before many of the electors arrive. The
meeting should be conducted with entire fairness, and an opportunity given
for an expression of the real sentiment of the subdistrict.

2. JNotice. At least five days' notice shall be given by posting in at least
three places in the district. Section 2751. If a special schoolhouse tax is to
be voted on the property of the subdistrict, ten days' notice must be given.
Section 2753. In case there is no director the above notice must be giyen by
the secretary of the school township. The notice should designate the hour
of meeting, which cannot be earlier than 9 o'clock a. m., and the hour of clos-
ing, which shall not be later than 12 m. Section 2751.

3. Duration of meeting. While this section does not in terms specify the
length of time during which a subdistrict meeting should remain in session,
section 2754 provides that in rural independent districts the polls must
remain open not less than two hours. For obvious reasons a subdistrict
meeting should continue in session at least the same length of time. The
voters of the subdistrict should be given a reasonable opportunity to partici-
pate in the meeting. 37 Iowa, 131; 39 Iowa, 380.

4. In case of controversy If subdistrict boundaries are in controversy by
way of appeal, the election for directors should be made on the basis of the
status of the subdistricts on the day of election.

5. Organization. A chairman and secretary shall be chosen from among
the voters present. Section 2751.

6. Judges not qualify. The chairman and the secretary are not required
to qualify.

7. Judges' vote. A judge of election is entitled to his vote the same as
any other elector.

8. Who may not vote. No minor, non-resident, nor alien can take part in
a meeting of voters. Section 2747.

9. No caucus. If the voters desire to hold a caucus, it should be done
before the subdistrict meeting is called to order. After organization but one
lawful ballot can be taken, therefore no informal ballot can be taken.

10. Tie vote, A tie vote for any elective school office shall be publicly
determined by lot forthwith, under the direction of the judges. Section 2754.
This applies to all school elections. If more than two persons have each an
equal number of votes, the same rule will apply. No second ballot may be
taken. Such cases should not be taken to the school board, but should be
settled at the meeting of electors before adjournment.

11. One baUot. Only one ballot may be taken for the election of director,
and the person receiving the greatest number of votes is elected, even though
he has not received a majority of all the votes cast. Section 2761.



42 SCHOOL LAWS OF IOWA

12. Eligibility. A member or officer of the board must have the qualifi-
cations of an elector, if a male, but no person is ineligible to any school office
by reason of sex. Section 2748.

13. Special schoolliouse tax. The subdistricts may vote an additional
tax for schoolhouse purposes and the secretary of the subdistrict meeting shall
certify the same to the secretary of the school township who shall certify it
to the board of supervisors. Section 2753.

14. A vote of the subdistrict not notice. A vote of the electors at a sub-
district meeting is not legal notice that such proposition will come before the
electors at the school township meeting as contemplated in sections 2746 and
2749.

15. Tax provision legaL The provision with reference to additional taxes
voted by electors of subdistricts for schoolhouse purposes, held, to give implied
authority to vote such taxes, although the power was not elsewhere expressly
conferred. 69 Iowa, 533.

16. Tenn of €tirector of subdistrict — beginning— dui*ation. See sections
2745 and 2757.

17. When to qualify. See section 2758.

18. Special subdistrict meeting. See section 27 53.

19. Funds — classification of. See section 27 68.

20. Electors — qualifications of. See section 2 747.

21. Subdistrict lines — voting — taxes. Subdistrict lines determine who
may vote at a subdistrict meeting and also fixes the limit of taxation, when