9. Registration.

Registration is necessary in sehool eorporations 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 subdistrict, 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 reason 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 appointment a party to be treated as a de facto officer must have served under such circumstances of reputation cr acquiesence 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 ire 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 application to be made of the proceeds of such sale;

3. To determine upon added branches that shall be taught, but instruction 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 corporation, roads for proper access to its schoolhouses;

7. To vote a schoolhouse tax, not exceeding ten mills on the dollar in any one year, for the purchase of grounds, construction of schoolhouses, the payment of debts contracted for the erection of schoolhouses, 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 following form: "Shall a change of text-books be directed?" (or other question 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 conferred by the statute, either expressly or by reasonable implication. Note 4, section 2743. 110 Iowa, 652.

3. Disposition of school property. The voters of any district when assembled at their annual meeting may direct that a schoolhouse or the schoolhouse 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 present 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 government 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 acquire 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 possible 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 voters may name. Nor may the voters direct that a particular branch, or certain branches, shall not be taught. It is the province of the board to deIcide 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 be 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 for the purchase of sites, erection and repair of schoolhouses, and the payment of debts contracted therefor belongs exclusively to the voters. The sums necessary for the teachers' and contingent funds are determined by the board. Amounts necessary to pay on judgments and bonds may be

Sections 2749, 2806 and

voted by the electors or estimated by the board. 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; decisions, 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 suggestive. In such matters, the board will still be left free to exercise the discretion vested in it by the law. Note 4, section 2743.

17. Notice 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; decisions, 113.

18. Subdistricts claim. A subdistrict has no legal claim upon schoolhouse property, although in equity a tax voted to build in a certain subdistrict 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. Decisions, 15; paragraph 2, section 2749.

20. Jurisdiction of court. 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. Roads. See sections 2815, 2750, 2773. 22. Text-books-change of. 23. Original indebtedness. except by vote of the electors. 24. Limit of indebtedness. ing section 2812-f.

Sections 2749, 2829.

Original indebtedness may not be created
Section 2823.

See section 1306-b, and section 2820-a, follow

SEC. 2750. Special meeting. The board of directors may call a special 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 schoolhouse tax for the purchase of a site and the construction of a necessary schoolhouse, and for obtaining roads thereto. [28 G. A., ch. 104; 24 G. A., ch. 21; 18 G. A., ch. 84.]

NOTES: 1. Additional powers. To authorize the board of directors to issue school building bonds.

Section 2812-d.

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

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

4. Petition may not be ignored. When petitioned to call a special election for the submission of any proposition that may come before a special meeting, the board may not ignore the petition. See decisions, 93.

SEC. 2751 Subdistrict meeting. The meeting of the voters of each subdistrict of a school township shall be held annually on the first Monday 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 chairman 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., ch. 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 designing 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. Notice. 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 given 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 closing, which shall not be later than 12 м. Section 2751; form 11.

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 participate 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.

10. Tie vote. A tie vote for any elective school office shall be publicly determined by lot forth with, 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.

11. One ballot. 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 2751.

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

13. Special schoolhouse tax. The subdistrict may vote a 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; form 12.

14. A vote of the subdistrict not notice. A vote of the electors at a subdistrict 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 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. Term of director of subdistrict-beginning-duration. 2745 and 2757.

17. When to qualify. See section 2758.

18. Special subdistrict meeting. See section 2753.

19. Funds-classification of. See section 2768.

20. Electors-qualifications of. See section 2747.

See section

21. Subdistrict lines-voting-taxes. Subdistrict lines determine who may vote at a subdistrict meeting and also fixes the limit of taxation, when a schoolhouse tax is voted upon the subdistrict. Sections 2747, 2753.

SEC. 2752-Number of directors. The board of directors of a school township shall be composed of one director from each subdistrict. But when there is an even number of subdistricts another director shall be elected at large by all the voters of the school township. When the school township is not divided into subdistricts, a board of three directors shall be elected at large, on the second Monday in March, by all the voters of the school township. [27 G. A., ch. 92; 15 G. A., ch. 27; C. '73, §§ 1720-1; R., §§ 2031, 2035, 2075-6; C. '51, §§ 1112, 1721.]

NOTES: 1. Number of members. The board of a school township cannot consist of less than three members. When there is an even number of subdistricts one director at large must be elected on the second Monday of March by all the voters of the school township.

2. Power of director-at-large. The director-at-large has the right to vote upon all questions before the board the same as any other member.

3. Independent district townships. In school townships that organized as independent district townships under section 1814, code of 1873, the board consists of five members. See section 1814, code of 1873, chapter 27, fifteenth general assembly, and section 2754.

4. Other corporations-number of directors. See section 2754.

SEC. 2753. Special schoolhouse tax. At the annual subdistrict meeting, or at a special meeting called for that purpose, the voters may vote to raise a greater amount of schoolhouse tax than that voted by the voters of the school township, ten days' previous notice having been given, but the amount so voted, including the amount voted by the school township, shall not exceed in the aggregate the sum of fifteen mills on the dollar. The sum thus voted shall be certified forthwith by the secretary of said subdistrict meeting to the secretary of the school township, and shall be levied by the board of supervisors only on the property within the subdistrict. [C. '73, § 1778; R., §§ 2033-4, 2037, 2088.]

NOTES: 1. Tax certified. The vote should be certified to the secretary of the school township forthwith. Forms 12 and 14.

2. Vote of subdistrict meeting not notice. A vote of the subdistrict 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. 118 Iowa, 207.

3. Levy of subdistrict tax. Taxes voted at a subdistrict meeting shall be levied only on the property in the subdistrict. Section 2573. Such action is not notice that the proposition will be submitted at the regular meeting. Sections 2746 and 2749; see note 14, section 2751.

4. Other meetings. Regular subdistrict meeting, section 2751; regular meeting of corporation, sections 2746, 2749, 2754, 2755, 2756; special meeting of corporation, section 2750.