5. Delayed reports. Should the district secretaries or treasurers fail to make their reports in time, the superintendent should take prompt measures to secure them, going after them if necessary.

Sec. 2740. Enforcing laws. The county superintendent shall see that all provisions of the school law, so far as it relates to the schools or school officers within his county, are observed and enforced, specially those relating to the fencing of schoolhouse grounds with barb wire, and the introduction and teaching of such divisions of physiology and hygiene as relate to the effects of alcohol, stimulants and narcotics upon the human system, and to this end he may require the assistance of the county attorney, who shall at his request bring any action necessary to enforce the law or recover penalties incurred. [21 G. A., ch. 1; § 2; 20 G. A., ch. 103, § 2.]

Sec. 2741. Penalty. Should he fail to make the report herein required of him to the superintendent of public instruction or the county auditor, he shall forfeit to the school fund of his county the sum of fifty dollars, to be recovered in an action brought by the county for the use of the school fund, and in addition shall be liable for all damages occasioned thereby. [C. '73, § 1773; R., § 2072.]

Note: 1. Additional to penalty. In addition to the penalty provided in this section for a failure to make the annual report, the delinquent county superintendent is required to pay a reasonable compensation to the person whom the superintendent of public instruction may appoint to make such report for him. Section 2622.

Sec. 2742. Compensation. He shall receive a salary of twelve huudred and fifty dollars a year, and the expenses of necessary office stationery and postage, and those incurred in attendance upon meetings called by the superintendent of public instruction; claims therefor to be made by verified statements filed with the county auditor, who shall draw his warrant upon the county treasurer therefor; and the board of supervisors may allow him such further sum by way of compensation as may be just and proper. [29 G. A., ch. 124; 19 G. A., ch. 161; § 1; C. '73, § 1776; R., § 2074.]

Notes: 1. Superintendent determines office days. It is the intention of the law that each county superintendent shall determine the time necessary to be employed in the duties of his office, and the division of labor to be made. Of course, specific duties are required, such as making certain reports at times designated, visiting schools, and that he shall conform to the instructions from the superintendent of public instruction. But in general, he is to decide for himself, as indicated in his oath of office, what means will best advance the work in his county.

2. Office supplies furnished. The board of supervisors shall furnish the county superintendent with an office at the county seat, together with fuel, lights, blanks, books and stationery necessary and proper to enable him to discharge the duties of his office, but in no case shall such officer be permitted to occupy an office also occupied by a practicing attorney. Code, section 468. Report, attorney-general, 1906, page 261.

3. Office stationery—what may be included. Attendance and classification registers, record books for school directors and secretaries, librarian's records for rural libraries, institute records, report cards, and packages of blanks for use of school officers in calling meetings and making reports

were held to be necessary office stationery. See decision of Judge J. H. Applegate in case of Hammond & Stephens Co. vs. Dallas county, Dallas county district court.

THE SYSTEM OF COMMON SCHOOLS.

Sec. 2743. School districts-corporate powers. Each school district now existing shall continue a body politic as a school corporation, unless hereafter changed as provided by law, and as such may sue and be sued, hold property, and exercise all the powers granted by law, and shall have exclusive jurisdiction in all school matters over the territory therein contained. [C. '73, §§ 1713, 1716; R., §§ 2022, 2026; C. '51, § 1108.]

Notes: 1. Boundaries. In boundaries, school townships usually coincide with civil townships. 41 Iowa, 30.

2. Garnishee. Section 3936 of the code provides that a municipal or political corporation shall not be garnisheed. However, the corporation may waive exemption for this process. 25 Iowa, 315.

3. All territory in some corporation. The policy of our law is, that the territory once organized for school purposes must always remain within some jurisdiction, and that it may not be detached from the jurisdiction to which it belongs without at the same time becoming a separate jurisdiction or a part of another jurisdiction for school purposes. 82 Iowa, 10. Decisions, 33 and 58.

4. General Powers. A school corporation may possess and exercise the following powers: (a) Those granted in express terms. (b) Those necessarily implied or necessarily incident to the powers expressly granted. (c) Those absolutely essential to the declared objects and purposes of the corporation. 25 Iowa, 163; 39 Iowa, 447; 52 Iowa, 193; and 19 Iowa, 199. 5. Validity of school organization. Quo warranto, rather than certiorari, is the proper remedy to test the validity of the organization of a school district, and appeal to the superintendent is not the exclusive remedy. 129 Iowa, 538.

6. Unauthorized official acts-test of. Code, section 4313, authorizing a quo warranto proceeding to test the official and corporate rights does not preclude a school township from maintaining an action in equity in its own name to enjoin persons, assuming without authority to act as officers of an independent district within the township, from interfering with the rights of the school township and also for an accounting, as the former proceeding is for the protection of public interest and the latter to redress private wrongs.. 122 Iowa, 602.

Sec. 2744. Names. District townships now existing shall hereafter be called school townships, subdivision of which shall be called subdistricts. School corporations shall be designated as follows: The school township of (naming civil township), in the county of (naming county), state of Iowa; or, the independent school district of (naming city, town or village, and if there are two or more districts therein, including some appropriate name or number), in the county of (naming county), state of Iowa; or, the rural independent school district of (some appropriate name or number) township of (naming township), in the county of (naming county), state of Iowa. [27 G. A., ch. 91, § 1; C. 73, § 1716; R., § 2026; C. '51, § 1108.]

Notes: 1. Subdistrict not a corporation. A subdistrict is not a corporation, and hence can neither hold property nor perform any corporate act. Decisions, 13.

2. Use of corporate name. In suits, contracts and conveyances, the corporate name should be strictly observed.

3. Change of name. At their annual meeting, the electors of any rural independent school district may vote by ballot to change the name of the district, and the board will be guided by this expressed wish.

Sec. 2745. Directors. The affairs of each school corporation shall be conducted by a board of directors, the members of which in all independent school districts shall be chosen for a term of three years, and in all subdistricts of school townships for a term of one year. [26 G. A., ch. 40; 18 G. A., ch. 143; 17 G. A., ch. 113; 15 G. A., ch. 27; C. '73, § 1802; R., §§ 2099, 2100, 2106.]

Notes: 1. Term begins. The terms of directors of independent city, town and village corporations begin on the third Monday of March and of rural independent districts and school townships on the first day of July following their election. Sections 2757, 2758.

2. Term when filling vacancies. A director "holding over," or elected or appointed to fill a vacancy, assumes the duties of the office within ten days (section 1275), and, if "holding over," or appointed, serves until the next regular election (section 1276), or, if elected, for the remainder of the term (section 1277).

3. Directors may not handle books. Section 2834 clearly prohibits a school director from engaging, on his own account, in the sale of school books and supplies to pupils. 130 Iowa, 31.

Sec. 2745-a. Duty of boards of school directors. It shall be the duty of all boards of school directors in school districts where the schoolhouse site adjoins the cultivated or improved lands of another to build and maintain a lawful fence between said site and cultivated or improved lands. [27 G. A., ch. 88, § 1.]

Notes: 1. Barbed wire. Barbed wire may not be used to fence a school site, nor for any fence or other purpose within ten feet of the site. Section 2817.

2. Lawful fence. For the specifications of a "lawful fence" see section 2367 of the code.

3. "Tight" fence. A partition fence shall be made tight by the party desiring it. Section 2367 of the code.

4. Fence viewers. The township trustees constitute the fence viewers for the purpose of determining matters in controversy. Section 2367 of the code.

5. Additional law. See section 2773.

Sec. 2745-b. Rights of owner of adjoining lands. The owner of lands adjoining any schoolhouse site shall have the right to connect the fence on his lands with the fences around any schoolhouse site, but he shall not be liable to contribute to the maintenance of the fence around said site. [27 G. A., ch. 88, § 2.]

Note: Barbed wire prohibited. Barbed wire may not be used to connect the fence of an adjoining land owner with the fence around a school site. Barbed wire may not be brought nearer than ten feet of the school premises. Section 2817.

Sec. 2746. Annual meeting of corporation. A meeting of the voters of each school corporation shall be held annually on the second Monday in March for the transaction of the business thereof. Notice in

writing of the place, day and hours during which the meeting will be in session, specifying the number of directors to be elected, and the terms thereof, and such propositions as will be submitted to and be determined by the voters, shall be posted by the secretary of the board in at least five public places in said corporation, for not less than ten days next preceding the day of the meeting. The president and secretary of the board, with one of the directors shall act as judges of the election. If any judge of election is absent at the organization of the meeting the voters present shall appoint one of their number to act in his stead. The judges of election shall issue certificates to the directors elected. [19 G. A., ch. 51; 18 G. A., ch. 7, § 1; 18 G. A., ch. 63; C. '73, §§ 1717, 1719; R., §§ 2027-8, 2031, 2033; C. '51, §§ 1111, 1114-15.]

Notes: 1. But one day. The meeting cannot be adjourned to another day, and must be held at the time and in the manner directed by the law. Section 2746.

2. Notice necessary.

It is mandatory upon the secretary to give ten days' notice of the annual meeting of the school corporation and of such propositions as the board or the electors by petition, as provided in section 2749, may desire to have submitted to the electors at that time. Failure to do so will invalidate any action that may be taken by the electors at such meeting. 118 Iowa, 207. Form 8.

3. Secretary must be directed. The secretary cannot give legal notice of any proposition unless directed to do so by the board of directors. McNees et al. vs. School Township, East River, 110 N. W., 325. Kinney vs. Howard, 133 Iowa, 94; and Note 1, section 2829.

4. Notice-kind. Not less than ten days' notice by posting in at least five public places must be given. Section 2746. But in school corporations having five thousand or more inhabitants, notice shall be posted in each precinct and published in a newspaper. Section 2754.

5. Registration. In corporations of five thousand or more inhabitants, the board must provide for the registration of voters. Section 2755. Attorney-general, report 1906, page 174.

6. Polls open. In corporations of five thousand or more inhabitants, the polls shall open at 9 a. m. Section 2756. In all other corporations at 1 p. m. 7. Duration. In corporations of five thousand or more inhabitants, the polls shall remain open until 7 p. m. Section 2756. In independent city, town and village corporations of less than five thousand inhabitants they must remain open five hours and in rural and independent districts and school townships two hours. Section 2754.

8. Official record. The secretary shall make a complete record of the transactions of each annual or special meeting of the electors. Section 2761. In the absence of a record the action taken may be shown by parol evidence. Kinney vs. Howard, 133 Iowa, 94.

9. Poll book.

A record of the names of all persons voting shall be kept
Section 2761.

by the secretary.
10. By ballot. All elections by the people shall be by ballot. Constitution
of Iowa, article 2, section 6. Directors of subdistricts shall be chosen by
ballot. Section 2751. Members of the board in independent districts shall
be chosen by ballot. Section 2754. Directors-at-large of school township
is chosen in the same manner. Section 2823. All propositions must be
voted upon by ballot. Section 2749.

11. Form of ballot.

(a) As to candidates. The ballot should designate the term voted for in connection with the name of the candidate. Section 2746.

(b) As to propositions. The ballot must state each proposition for which notice has been given and shall provide an appropriate place in connection with each for the voter to express his wish. Section 2749. Decisions, 113.

(c) General rule. "It is a general rule that in submitting a question on issuing bonds, a substantial compliance with the statute is sufficient." Calahan vs. Handsaker et al., 111 N. W., 22; Kinney vs. Howard, 133 Iowa, 94. 12. Tie vote. A tie vote shall be publicly determined by lot before adjournment under the direction of the judges. Section 2754.

13. Judges. In corporations of five thousand or more, the judges for each precinct shall 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.

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.

21. Regular election. See sections 2749, 2754, 2755, 2756.
22. Term of director-beginning-duration. See section 2745.
23. When qualify. See section 2758.

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 women 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 or 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.