15. Compensation of judges and registrars. In corporations of five thousand or more, persons (not members of the board) appointed by the board to serve as judges and those appointed as registrars may receive compensation 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 amendment do not apply to school and municipal elections. 127 Iowa, 181. 18. Qualifications electors. See section 2747.

School officers. See section 2748.

19. Powers of electors. See sections 2749, 2750, 2812-d, 2836, 2837. 20. Special elections. See sections 2750, 2763-a to 2763-c.

See section 2745.

21. Regular election. See sections 2749, 2754, 2755, 2756.
22. Term of director-beginning—duration.
23. When qualify. See section 2758.

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. 22.

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.

26. 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 corporation for the purpose of issuing bonds for school purposes or for increasing 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 qualifications so far as applicable. [25 G. A., ch. 39.]

Notes: 1. Qualification 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 mentioned by the law.

3. Citizen. All persons born or naturalized in the United States and subject 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.

4. Residence-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. Residence 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 the 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, section 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 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 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 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 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 conferred 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 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 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 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 or school building bonds 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 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; 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; decision, 99.

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. Decision, 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. Sections 2749, 2829.

23. Original indebtedness. Original indebtedness may not be created except by vote of the electors. Section 2823.

24. Limit of indebtedness. See section 1306-b, and 2820-d2. 25. 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.

26. Statutory compliance necessary. No specific form of ballot is prescribed; 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

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 having 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. Hibbs 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. Illingworth, 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 notwithstanding 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. Ibid.

31. Electors may direct sale. The taxpayers have no such 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 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, § 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.