The school law of Illinois, enacted by the Forty-sixth General Assembly online

entitled to the benefit of such judgment, out of any moneys of such
township or district unappropriated, or if there be no such moneys, out
of the first moneys applicable to the payment of the kind of services
or indebtedness for which such judgment shall be obtained, which shall
be received for the use of such township or district, and to enforce
obedience to such writ by attachment, or by mandamus, requiring such
board to levy a tax for the payment of such judgment; and all legal
processes, as well as writs to enforce payment, shall be served either on
the president or the clerk of the board.

252. Trustees of schools, or either of them, failing or refusing to
make returns of children in their township according to the provisions
of this Act, or if either of them shall knowingly make a false return,
the party so offending shall be liable to a penalty of not less than $10.00
nor more than $100.00, to be recovered by an action of assumpsit before
any justice of the peace of the county; which penalty, when collected,
shall be added to the distributive fund of the township in which the
trustees reside.

253, If the judges of a school election called for any legal pur-
pose snail fail or neglect to deliver a copy of the poll book of any such
election, with a certificate thereon showing the results of such election,
to the officer to whom such return shall be made, within ten days after
such election, they shall be severally liable to a penalty of not less than
$25.00 nor more than $100.00, to be recovered in the name of the
People of the State of Illinois, by an action of debt before any justice
of the peace of the county. The penalty, when collected, shall be added
to the distributive fund of the township.



67

254. If the school directors of any district in this State shall fail
to examine and deliver to the township treasurer on or before the seventh
day of July, annually, all teachers' schedules made and certified as
required by law, and covering the time taught during the school year
ending June 30, they shall be personally liable to the district for any
and all loss sustained by it through their failure to do so.

255. Any director who shall be interested in a contract made by
the board of which he is a member shall be liable to indictment, and
upon conviction shall be fined in a sum not less than $25.00 and not
more than $500.00, and may be imprisoned in the county jail not less
than one nor more than twelve months, at the discretion of the court.

256. For any failure to comply with the requisitions of section 97
of this Act, the treasurer or other person neglecting or refusing shall
be liable to a penalty of not less than ten nor more than one hundred
dollars, at the discretion of the court before which judgment may be
obtained, to be recovered in an action of debt before any justice of the
peace, for the benefit of the distributive fund of such township: Pro-
vided, however., that the obtaining or payment of such judgment shall
in no wise discharge or diminish the obligations of the persons signing
the official bond of such township treasurer.

257. If any county superintendent, trustee of schools, township
treasurer, director or any other person entrusted with the care, control,
management or disposition of any school, college, seminary or township
fund for the use of any county, township, district or school, shall con-
vert such funds, or any part thereof, to his own use, he shall be liable
to indictment, and, upon conviction, shall be fined in a sum not less
than double the amount of money converted to. his own use, and impris-
oned in the county jail not less than one nor more than twelve months,
at the discretion of the court.

258. The real estate of county superintendents, of township treas-
urers, and all other school officers, and of the securities of each of
them, shall be bound for the satisfaction and payment of all claims and
demands against such superintendents, treasurers and other school officers
as such from the date of issuing process against them, in actions or suits
brought to recover such claims or demands until satisfaction thereof be
obtained; and no sale or alienation of real estate, by any superintendent,
treasurer or other officer or security, shall defeat the lien created by this
section, but all and singular such real estate held, owned or claimed,
shall be liable to be sold in satisfaction of any judgment which may be
obtained in such actions or suits.

259. If any county superintendent, trustee, director, or other offi-
cer whose duty it is, shall negligently or wilfully fail or refuse to make,
furnish or communicate statistics and information, or shall fail to
discharge the duties enjoined upon them, or either of them, at the time
and in the manner required by the provisions of this Act, he shall be
liable to a fine of not less than $25.00, to be recovered before any
justice of the peace at the suit of any person, on information in the
name of the People of the State of Illinois, and when collected, the fine
shall be paid to the county superintendent of schools.



68

260. No State, county, township or district school officer or teacher
shall be interested in the sale, proceeds or profits of any book, apparatus
or furniture used or to be used in any school in this State with which
such officer or teacher may be connected; and for offending against the
provisions of this section such State, county, township or district school
officer or teacher shall be liable to indictment, and upon conviction shall
be fined not less than twenty-five nor more than five hundred dollars,
and may be imprisoned in the county jail not less than one nor more
than twelve months, at the discretion of the court.

261. Any school officer or officers, or any other person, who shall
exclude or aid in excluding from the public schools, on account of color,
any child who is entitled to the benefits of such school, shall be fined,
upon conviction, not less than five nor more than one hundred dollars.

262. Any person who shall, by threats, menace or intimidation,
prevent any colored child entitled to attend a public school in this
State from attending such school shall, upon conviction, be fined not
exceeding $25.00.

263. No county, city, town, township, school district or other
public corporation shall make any appropriation, or pay from any school
fund whatever, anything in aid of any church or sectarian purpose, or
to support or sustain any school, academy, seminary, college, university
or other literary or scientific institution controlled by any church or
sectarian denomination whatever; nor shall any grant or donation of
money, or other personal property, be made by any such corporation to
any church or for any sectarian purpose. Any officer, or other person
having under his charge or direction school funds or property, who shall
pervert the same in the manner forbidden in this section shall be liable
to indictment, and, upon conviction, shall be fined in a sum not less than
double the value of the property so perverted, and imprisoned in the
county jail not less than one nor more than twelve months, at the
discretion of the court.

264. County superintendents, trustees of schools, township treas-
urers and directors, or either of them, or any other officer having charge
of school funds or property, shall be pecuniarily responsible for all losses
sustained by any county or township fund, by reason of any failure on
his or their part to perform the duties required of him or them by the
provisions of this Act, or by any rule or regulation authorized to be made
by the provisions of this Act, and each and every one of the officers
aforesaid shall be liable for any such loss sustained as aforesaid, and
the amount of such loss may be recovered in a civil action brought in
any court having jurisdiction thereof, at the suit of the State of Illinois,
for the use of the county, township or fund injured ; the amount of the
judgment obtained in such suit shall, when collected, be paid to the
proper officer for the benefit of the county, township or fund injured.

MISCELLANEOUS.

265. All school officers elected in pursuance of any general law
now in force shall hold their respective offices until their successors are
elected and qualified under the provisions of this Act.



266. Trustees of schools, school directors or other school officers
performing like duties, shall receive no pecuniary compensation, but
they shall be exempt from road labor and military duty during their
term of office.

267. No justice of the peace, constable, clerk of any court, sheriff
or coroner shall charge any costs in any suit in which any school officer,
school corporation or any agent of any school fund, suing for the recovery
of the same, or any interest due thereon, is plaintiff and shall be unsuc-
cessful in such suit; nor in case the costs -cannot be recovered from
the defendant by reason of the insolvency of such defendant.

268. No person shall vote at any school election held under the
provisions of this Act who does not possess the qualifications of a voter
at a general election.

269. Any woman who has attained the age of 21 years, and who
possesses the qualifications prescribed, shall be eligible to any office under
the general or special school laws of this State.

270. Any woman who is a citizen and has attained the age of
21 years, who shall have resided in the State one year, in the county
ninety days and in the election district thirty days preceding any
election held for the purpose of choosing any school officer under the
general or special school laws- of this State, shall be entitled to vote at
such election, when registered in the manner provided by law. If the
election of school officers shall occur at the time other public officers are
elected, the ballot offered by any woman shall contain only the names
of candidates for school officers. Such ballots shall be deposited in a
separate ballot box, but canvassed with other ballots cast for school
officers at such election.

271. The Governor shall, annually, in the spring, designate by
official proclamation, a day or days to be known as "Arbor and Bird day,"
to be observed throughout the State as a day for planting trees, shrubs
and vines about the homes and along highways, and about public grounds
within this State, and as a day on which to hold appropriate exercises
in the public schools and elsewhere, tending to show the value of trees
and birds and the necessity for their protection.

272. The proceedings of the State Teachers' Association, when
approved by the Superintendent of Public Instruction, shall be printed
and bound by the Secretary of State, on the same terms as the proceed-
ings of State boards, and the Auditor of Public Accounts shall draw
his warrant therefor on the State Treasurer to be paid out of the appro-
priation for printing, upon a voucher properly certified by the Board
of Commissioners of State Contracts.

273. The nature of alcoholic drinks and other narcotics and their
effects on the human system .shall be taught in connection with the
various divisions of physiology and hygiene, as thoroughly a.s are other
branches, in all schools under State control, or supported wholly or in
part by public money, and also in all schools connected with reformatory
institutions. All pupils- in the above mentioned schools, below the
?econd year of the high school and above the third year of school work,
computing from the beginning of the lowest primary year, or in cor-



70

responding classes of ungraded schools, shall be taught and shall study
this subject every year from suitable text books in the hands of all
pupils, for not less than four lessons a week for ten or more weeks of
each year, and must pass the same tests in this as in other studies. In
all schools above mentioned all pupils in the lowest three primary school
3 r ears, or in corresponding classes in ungraded schools, shall each year be
instructed in this subject orally for not less than three lessons a week
for ten weeks in each year, by teachers using text books adapted for such
oral instruction as a guide and standard. The local school authorities
shall provide needed facilities and definite time and place for this branch
in the regular courses of study. The text books in the pupils' hands shall
be graded to the capacity of the fourth year, intermediate, grammar and
high school pupils, or to corresponding classes as found in ungraded
schools. For students below high school grade such text books shall give
at least one-fifth their space, and for students of high school grade shall
give not less than twenty pages, to the nature and effects of alcoholic
drinks and other narcotics. The pages on th'is subject, in a separate
chapter at the end of the book, shall not be counted in determining the
minimum. In all normal schools, teachers' training classes and teachers'
institutes, adequate time and attention shall be given to instruction in
the best method of teaching this branch, and no teacher shall be
licensed who has not passed a satisfactory examination in this subject
and the best methods . of teaching it. Any school officer or officers who
shall neglect or fail to comply with the provisions of this section shall
forfeit and pay for each offense the sum of not less than five dollars nor
more than twenty-five dollars.

274. Every person having control of any child between the ages
of seven and sixteen years, shall annually cause such child to attend some
public or private school for the entire time during which the school at-
tended is in session, which shall not be less than six months of actual
teaching: Provided, Tiowever, that this Act shall not apply in case the
child has been or is being instructed for a like period in each and every
year in the elementary branches of education by a person or persons
competent to give such instruction, or in case the child's physical or
mental condition renders his or her attendance impracticable or inex-
pedient, or in case the child is excused for temporary absence for cause
by the principal or teacher of the school which said child attends, or
in case the child is between the ages of fourteen and sixteen years and is
necessarily and lawfully employed during the hours when the public
school is in session. For every neglect of the duty prescribed by this
section, the person so offending shall forfeit to the use of the public
schools of the city, town or district, in which such child resides, a sum
not less than five dollars nor more than twenty dollars and costs of suit,
and shall stand committed until such fine and costs of suit are paid.

275. The board of education or the board of school directors, as
the case may be, shall appoint at the time of election of teachers one or
more truant officers whose duty it shall be to report all violations of the
preceding section to the board of education or board of directors and to



71

enter complaint against and prosecute all persons who shall appear to
be guilty of such violation. It shall also be the duty of the truant officer
to arrest any child of school going age that habitually haunts public
places and has no lawful occupation, and also any truant child who
absents himself or herself from school, and to place him or her in charge
of the teacher having charge of any school which said child is by law
entitled to attend, and which school shall be designated to said officer by
the parent, guardian or person having control of said child. In case such
parent, guardian or person shall designate a school without making or
having made arrangements for the reception of said child in the school
so designated, or in case he refuses or fails to designate any school,
then such truant officer shall place such child in charge of the teacher
of the public school. And it shall be the duty of said teacher to assign
said child to the proper class and to instruct him or her in such studies
as he or she is fitted to pursue. The truant officer so appointed shall
be entitled to such compensation for services rendered under this Act
as shall be determined by the board appointing him, which compensation
shall be paid from the distributive fund of the district: Provided,
however, that nothing herein shall prevent the parent, guardian or per-
son having charge of such truant child, which has been placed in any
school by the truant officer, to send said child to any other school which
said child is by law entitled to attend. Any person having control of a
child, who, with intent to evade the provisions of this section, shall make
a false statement concerning the age or the employment of such child
or the time such child has attended school, shall for such offense forfeit
a sum of not less than three dollars nor more than twenty dollars for
the use of the public schools of the district.

276. This Act shall not be construed so as to repeal or change, in
any respect, any special Act in relation to schools in cities having a
population of fewer than 100,000 inhabitants, or cities, townships or
districts, except that in every such city, township or district the limit
of taxation for educational and building purposes shall be the same as
that fixed in section 189 of this Act; and except that it shall be the duty
of the several boards of education or other officers of any city, township
or district, having in charge schools under the provisions of any special
Act or Acts, on or before the 15th day of July preceding each session
of the General Assembly of this State, or annually, if required so to do
by the Superintendent of Public Instruction, to report statistics and
other information relating to schools, and the enumeration of persons
as required of trustees of schools or directors, under the provisions of
this Act, or so much thereof as may be applicable to such city, township
or district, to the county superintendent of the county in which such
city, township or district is situated; nor shall it be lawful for the
county superintendent, or any other officer or person, to pay over any
portion of the common school fund to any local treasurer, school agent,
clerk, board of education or other officer or person of any city, town-
ship or district, unless a report of the number of persons, and other sta-
tistics relating to schools, arid such other information as may be required



72

by the trustees of schools or school directors, and other school officers
and teachers, under the provisions of this Act, shall have. been filed with
the superintendent of the proper county.

227. An Act to establish and maintain a system of free schools,
approved May 21, 1889, as amended, is hereby repealed.

278. WHEREAS, An emergency exists, this Act shall take effect,
from and after its passage.

APPROVED June 12, 1909.



FEES AND SALARIES.

AN ACT concerning fees and salaries, and to classify the several coun-
ties of this State with reference thereto.

27. County superintendents elected hereafter shall receive for their
services in counties which, according to the census of 1900, contained
a population not exceeding 12,000, $1,250 per annum; in counties which,
according to the census of 1900, contained a population of more than
12,000 and not exceeding 20,000, $1,500 per annum; in counties which,
according to the census of 1900, contained a population of more than
20,000 and not exceeding 28,000, $1,800 per annum; in counties which,
according to the census of 1900, contained a population of more than
28,000 and not exceeding 36,000, $2,000 per annum; in counties which,
according to the census of 1900, contained a population of more than
-36,000 and not exceeding 50,000, $2,250 per annum; in counties which,
according to the census of 1900, contained a population of more than
50,000 and not exceeding 75,000, $2,500 per annum; in counties which,
according to the census of 1900, contained a population of more than
75,000 and not exceeding 100,000, $2,750 per annum, and in counties
which, according to the census of 1900, contained a population of more
than 100,000, $7,500 per annum, payable quarterly from the State
School Fund : Provided, however, that the board of supervisors or board
of county commissioners may allow additional compensation for such
services, payable quarterly from the county treasury. The Auditor in
making his warrant to any county for the amount due it from the State
School Fund, shall deduct from it, the several amounts for which war-
rants have been issued to the county superintendent of said county, since
the preceding apportionment of the State School Fund.
APPROVED June 12,, 1909.



HUMANE INSTRUCTION.

AN ACT to provide for moral and humane education in the public schools

and to prohibit certain practices inimical thereto.

SECTION 1. Be it enacted ~by the People of the State of Illinois rep-
resented in the General Assembly: That it shall be the duty of every
teacher of a public school in this State to teach to all the pupils thereof
honesty, kindness, justice and moral courage for the purpose of lessen-
ing crime and raising the standard of good citizenship.



74

2. In every public school within this State not less than one-half
hour of each week, during the whole of each term of school, shall be de-
voted to teaching the pupils thereof kindness and justice to and humane
treatment and protection of birds and animals, and the important part
they fulfill in the economy of nature. It shall be optional with each
teacher whether it shall be a consecutive half-hour or a few minutes
daily, or whether such teaching shall be through humane reading, daily
incidents, stories, personal example or in connection with nature-story.

3. No experiment upon any living creature for the purpose of
demonstration in any study shall be made in any public school of this
State. No animal provided by, nor killed in the presence of any pupil
of a public school, shall be used for dissection in such school, and in
no case shall dogs or cats be killed for such purposes. Dissection of
dead animals, or any parts thereof, shall be confined to the class room
and shall not be practiced in the presence of any pupil not engaged in
the study to be illustrated thereby.

4. The Superintendent of Public Instruction of this State and the
committee in charge of preparing the program for each annual meeting
of the Illinois State Teachers' Association shall include therein moral
and humane education. The superintendent of schools of each county
and of each city shall include once each year moral and humane educa-
tion in the program of the teachers' institute which is held under his or
her supervision.

5. The principal or teacher of each public school shall state briefly
in each of his or her monthly reports whether the provisions of this Act
have been complied with in the school under his or her control. No
teacher who knowingly violates any provision of sections 1, 2 or 3 of
this Act shall be entitled to receive more than 95 per cent of the public
school moneys that would otherwise be due for services for the month
in which such provision shall be violated. This Act shall apply to com-
mon schools only and shall not be construed as requiring religious or
sectarian teaching.

APPROVED June 14, 1909.



SCHOOL TEXT BOOKS.

AN ACT in relation to the adoption, use and price of public school text

books in the free public schools of this State.

SECTION 1. Be it enacted by the People of the State of Illinois rep-
resented in the General Assembly: That the publisher of any text
book who desires to offer the same for sale for use in the public schools
of this State shall file two official sample copies of said text book in the
office of the Superintendent of Public Instruction, together ( /ith the list
price and the wholesale and retail prices at which the said text book is
to be offered for sale in this State. The said publisher shall also file
with the Superintendent of Public Instruction a written agreement to
furnish said text book at the wholesale price so filed to the directors of
any public school district, or to any board of education, or to any mer-



75

chant, or dealer, and at the retail price so filed to any patron of the
public schools; the said written agreement shall contain the further
guarantee that all books offered for sale and sold in this State shall
correspond to the official sample copies deposited with the Superintend-
ent of Public Instruction, and shall be equal in quality to said official
sample copies as regards text, paper, binding, printing, illustration and
all other points affecting the educational and commercial value of said