tion as provided in section one of this act, provided they file with the board of educational examiners evidence of at least two years' successful experience as a teacher, principal or superintendent of schools. [35 G. A., ch. 226, § 2.]

Sec. 2634-g. State certificates granted. That in all cases where such graduation shows the extent and quality of scholarship that is required by section twenty-six hundred twenty-nine of the supplement to the code, [1902] and when the teacher possesses a good moral character and satisfies the board of being professionally qualified, there shall be granted by the said board of examiners a state certificate valid for five years to teach in any public school in the state. [32 G. A., ch. 148, § 2.]

Sec. 2634-h. Renewal. All certificates referred to in section twentysix hundred twenty-nine (2629), twenty-six hundred thirty-b (2630-b), twenty-six hundred thirty-c (2630-c), twenty-six hundred thirty-four-d (2634-d), twenty-six hundred thirty-four-f (2634-f), and twenty-six hundred thirty-four-g (2634-g), of the supplement to the code, 1907, shall be renewed for life by the state board of educational examiners upon the payment of a fee of five dollars ($5.00) and proof of at least five years' successful teaching, three of which shall have been during the time the said certificate (with renewals) has been in force. [34 G. A., ch. 130, § 3; 32 G. A., ch. 148, § 3.]

Sec. 2634-h1. Conditions for renewal under certain sections-fee. All certificates referred to in sections twenty-seven hundred thirty-four-d and twenty-seven hundred thirty-four-e of the supplement to the code, 1907, in section twenty-seven hundred thirty-four-g of the supplement to the code, 1907, as amended by chapter one hundred eighty-one of the acts of the thirty-third general assembly and by section five of this act, and in section six of this act, shall be renewed for life by the state board of educational examiners upon compliance by the holder with the following conditions:

1. The applicant shall show by testimonials from county or city superintendents or from the principals having immediate supervision of his school work and from a member of the local school board that he has had at least five years' continuous successful teaching experience (which may have been before or after the passage of this act), at least three of which shall have been immediately prior to the time validation is sought and under the grade of certificate for which such validation is desired;

2. The standing of such applicant in the several branches shown upon his certificate shall average not less than eighty-five per cent. and in no branch shall the per cent. be less than eighty per cent., provided that in case the standing is less than the per cent. required, either average or special, the holder of the certificate may, at any of the times provided in section twenty-seven hundred thirty-four-c of the supplement to the code, 1907, take an examination in any branch or branches he may desire and the per cent. then received shall be entered upon his certificate;

3. The applicant shall furnish proof of professional study during the entire five-year period such as is made necessary in the case of term renewals of certificates.

Upon the issue of a life certificate as herein contemplated, the applicant shall pay a fee of five dollars to be turned into the state treasury. [34 G. A., ch. 130, § 7.]

Sec. 2634-h2. Lapse of certificate. All life certificates provided for in this act shall lapse provided the holder shall not teach during a period of five successive years. [34 G. A., ch. 130, § 10.]

Sec. 2634-h3. Acts in conflict repealed. All acts and parts of acts inconsistent with the provisions hereof are hereby repealed. [34 G. A., ch. 130, § 13.]

FREE TUITION.

Sec. 2733-a1. Attendance at schools outside home district-tuition. Any person of school age who is a resident of a school corporation which does not offer a four-year high school course and who has completed the course as approved by the department of public instruction for such corporation shall be permitted to attend any public high school or county high school in the state approved in like manner, that will receive him. Any person applying for admission to any high school under the provisions of this act shall present the officials of said high school the affidavit of his or her father, mother or guardian that such applicant is of school age and a resident of a school district of this state, specifying the district. He shall also present a certificate signed by the county superintendent showing proficiency in the common school branches, reading, orthography, arithmetic, physiology, grammar, civics of Iowa, geography, United States history, penmanship and music. The school corporation in which such student resides shall pay to the secretary of the corporation in which such student shall be permitted to enter a tuition fee equal to the average cost of tuition and the average proportion of contingent expenses in the high school department in the latter corporation during the time he so attends, not exceeding, however, a total period of four school years; such payment to be made out of the teachers' fund and the contingent fund or out of the general fund of the debtor corporation and such tuition fees as collected by the secretary shall be turned over by him with an itemized statement, to the treasurer of the school funds on or before February fifteenth and June fifteenth of each year, provided the maximum fee collected from any district for each pupil shall not exceed the sum of three and one-half dollars per month except in high schools where free textbooks are provided by the district such additional amount may be charged as will cover the cost of the textbooks furnished to such pupil. If payment is refused or neglected the board of the creditor corporation shall file with the auditor of the county of the pupil's residence a statement certified by its president

specifying the amount due for tuition and for contingent expenses respectively, and the time for which the same is claimed; and the auditor shall transmit to the county treasurer an order directing such treasurer to transfer the amount of such account from the debtor corporation to the creditor corporation, and the treasurer shall pay the same in accordance therewith. No school corporation situated in a county maintaining a county high school shall be required to pay the tuition of pupils at any high school other than such county high school, but this shall not apply to pupils who, while residing at home, attend some high school other than that of the school corporation in which they reside; and the tuition to be paid by school corporations in such county shall be three and one-half dollars per pupil per month, provided that, in counties having a county high school where a child resides at home and attends a high school outside the district of his residence other than the county high school, and the school corporation where the child resides pays the tuition for such child, and at the end of the school year it is found that less pupils have attended the county high school from the district where such child resides than was entitled to attend under the county high school apportionment, then and in that case the school corporation where such child resides shall be entitled to be reimbursed from the county high school funds for the tuition so paid, not exceeding in the aggregate an amount equal to the taxes contributed by such district to said county high school funds for the tax year preceding, fair and equitable credit being given to the county high school fund for pupils actually attending said county high school during said school year from the district where said child resides. The county superintendent shall, on being applied to for such purpose, determine in writing the amount due such corporation from the county high school fund, and furnish such corporation with a copy of such finding. Within twenty days thereafter such corporation may appeal to the district court from such finding by serving written notice on the county superintendent of the taking of such appeal. On the service of said notice the county superintendent shall file a copy of his finding in the office of the clerk of the district court and the clerk shall docket the cause without fee. The matter shall be tried on appeal as in equity and without formal pleading. The decision of the district court shall be final. The treasurer shall, upon the filing with him of any final decision, immediately transfer from the county high school funds to the credit of the corporation entitled to the same the amount directed to be transferred. [36 G. A., H. F. 587, § 2; 35 G. A., ch. 239, §1; 35 G. A., ch. 240, § 1; 34 G. A., ch. 146, §§ 1-4.]

Notes: 1. Constitutionality. The statutes fixing a minimum wage for school teachers and providing a punishment for the employment of a teacher at a less rate are not violative of the constitutional provisions guaranteeing equal rights and forbidding special privileges or immunities. 165 Iowa, 697.

2. Hiring Teachers. The hiring of a school teacher at less than the minimum wage, and in violation of the statute prohibiting the acts and

prescribing simply a fine as punishment for its violation, is a crime triable as a misdemeanor, although the statute itself does not declare that its violation shall be a crime. 165 Iowa, 697.

3. County High School. A school corporation of a county maintaining a county high school, under Ch. 12, Title 13, of the Code, with a four-year course, being as a matter of law a part of the county high-school scheme, is "offering a four-year high school course" within the meaning of this section, and is not liable for the tuition of pupils residing therein while attending high school outside of their district and not in the county high school. The parents of such children are liable to the school corporation, where such children attended, for the tuition of such children. Ind. Sch. Dist. of Stuart v. Carter, 150 N. W., 445.

4. Recovery of Tuition.

Where one school district paid tuition to an other district in the mutual belief that the pupil for whom it was paid resided in the former district it is recoverable on the ground of mutual mistake. 162 Iowa, 686.

COUNTY SUPERINTENDENT.

Sec. 2734-a. Repeal. There is hereby repealed sections twenty-six hundred thirty-two, twenty-seven hundred thirty-four, twenty-seven hundred thirty-five, twenty-seven hundred thirty-six, twenty-seven hundred thirty-seven of the code, and sections twenty-seven hundred thirty-four, twenty-seven hundred thirty-six, twenty-seven hundred thirty-seven of the supplement to the code, [1902] and the following enacted in lieu thereof: [31 G. A., ch. 122, § 1.]

Sec. 2734-b. Qualifications-powers and duties-deputy. That the law as it appears in section twenty-seven hundred thirty-four-b, supplement to the code, 1907, be and the same is hereby repealed and the following enacted in lieu thereof:

The county superintendent, who may be of either sex, shall be the holder of a regular five-year state certificate or a life diploma, and shall have had at least five years' experience in teaching or superintending, but this provision as to experience shall not apply until September first, nineteen hundred eighteen, provided that any county superintendent of schools now serving shall be deemed eligible to reappointment or reelection under this act. The county superintendent shall, under the direction of the superintendent of public instruction, serve as the organ of communication between the department of public instruction and the various officers and instructors in his county, and shall transmit or deliver to them all books, pamphlets, circulars or communications designed for them. He shall visit the different schools in his county at least once during the school year and also when requested by a majority of the directors of any school corporation. He shall also, at the request of the superintendent of public instruction, visit and report upon such schools as may be designated. He may appoint a deputy, for whose acts he shall be responsible, and who may act in his stead except in visiting schools and trying appeals, the salary of such deputy to be fixed by the representatives in convention assembled. He shall, on the first Monday of each month, file with the county auditor an itemized and verified statement of his actual and necessary expenses incurred

during the previous month in the performance of his official duties within his county, and such expenses shall be paid by the county board of supervisors out of the county fund, but the total amount so paid. for any one year for such purposes shall not exceed the sum of two hundred fifty dollars. [36 G. A., H. F. 6, §§ 1, 2; 35 G. A., ch. 107, § 3; 31 G. A., ch. 122, § 2; 27 G. A., ch. 85, § 1; 16 G. A., ch. 136, § 2; C. '73, §§ 1765, 1770; R. § 2069.]

Notes: 1. Certificate in force. To be eligible to the office of county superintendent a candidate must have held-and in force-a first or second grade state certificate, or a life diploma.

2. Personal supervision. Personal supervision by the county superintendent is understood to extend to all schools. Visitation by the county superintendent of city graded schools is not compulsory. During his visit to a school the superintendent may hear recitations and give instructions to pupils, but usually the regular work of the school should proceed under the immediate direction of the teacher.

3. Visitation. The superintendent in his visits should endeavor to aid, instruct, and inspire teachers to employ the best methods of teaching, governing and conducting their schools. He should try to secure the proper classification of pupils, the right use of the course of study and school libraries, and due care and protection of school property. He should study to awaken among parents and children a deeper interest in the public schools, so as to secure improved attendance, deportment and scholarship, and induce more frequent visits of parents and school officers. A judicious visit from the superintendent may often infuse new life into the school.

4. Condition of buildings. The county superintendent should carefully observe the condition of the schoolhouse and surroundings, note all defects, and at once notify the director or board of the same.

5. Statement of traveling expense. The itemized statement of traveling expenses must give the date the expense was incurred, for what, to whom paid, and the amount paid.

6.

Deputy-bond-compensation.

A deputy of the county superintend

ent may receive such a reasonable allowance for his services as the board thinks best. The deputy must take the same oath as his principal, must give a bond, and both appointment and bond must be approved by the board of supervisors before the deputy may enter upon the duties of his office. Code, section 1186.

7. Legal adviser. The county attorney is the legal adviser of the different county officers. He should be freely consulted on questions of law upon which the county superintendent is in doubt. Section 2740. Code, section 302.

Sec. 2734-b1. Term-vacancy. The term of office of the county superintendent of schools shall be for three years and until his successor is elected and qualified and such term shall begin on the first secular day of September after his election; and the terms of county superintendents now in office are hereby extended until the first day of September, nineteen hundred fifteen, and until their successors are elected and qualified. Should a vacancy in such office occur, by death, removal, resignation, or otherwise, the county auditor shall at once call a special meeting for the purpose of filling such vacancy. [35 G. A., ch. 107, § 4.]

Sec. 2734-b2. Acts in conflict repealed. All acts or parts of acts in conflict herewith are, so far as in conflict, hereby repealed. [35 G. A., ch. 107, § 5.]