that he is unable to compel such child to so attend. A violation of this section shall be a misdemeanor, punishable for the first offense by a fine not exceeding $5, and for each subsequent offense by a fine not exceeding $50, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment.

Courts of special sessions and police magistrates shall, subject to removal as provided in sections 57 and 58 of the code of criminal procedure, have exclusive jurisdiction in the first instance to hear, try, and determine charges of violations of the foregoing provisions within their respective jurisdictions.

Persons employing children unlawfully to be fined.-It shall be unlawful for any person, firm, or corporation to employ any child under 14 years of age, in any business or service whatever, during any part of the term during which the public schools of the district in which the child resides are in session; or to employ any child between 14 and 16 years of age who does not, at the time of such employment, present a certificate signed by the superintendent of schools or by the principal or the principal teacher of the city or district in which the child resides or by the principal or the principal teacher of the school where the child has attended or is attending, or by such other officer as the school authorities may designate, certifying that such child during the school year next preceding his application for such certificate has attended for not less than 130 days in such city or district and that such child can read and write easy English prose and is familiar with the fundamental operations of arithmetic; or to employ, in a city of the first class or a city of the second class, any child between 14 and 16 years of age who has not completed such course of study as the public elementary schools of such city require for graduation from such schools and who does not hold either a certificate of graduation from the public elementary school or the pre-academic certificate issued by the regents of the University of the State of New York, or the certificate of the completion of an elementary school issued by the department of public instruction, unless the employer of such child, if a boy, shall keep and shall display in the place where such child is employed and shall show whenever so requested by any attendance officer, factory inspector, or representative of the police department, a certificate signed by the school authorities or such school officers in said city as said school authorities shall designate, stating that said child has been in attendance upon an evening school for not less than six hours each week for such number of weeks as will, when taken in connection with the number of weeks such evening school will be in session during the remainder of the current or calendar year, make up a total attendance on the part of said child in said evening school of not less than six hours per week for a period of not less than sixteen weeks, and any person who shall employ any child contrary to the provisions of this section or who shall fail to keep and display certificates as to the attendance of employees in evening schools when such attendance is required by law shall, for each offense, forfeit and pay to the treasurer of the city or village, or to the supervisor of the town in which such child resides a penalty of $50, the same, when paid, to be added to the public school moneys of the city, village, or district in which such child resides.

The school authorities of any city or school district may establish schools, or set apart separate rooms in public school buildings, for children between 8 and 16 years of age, who are habitual truants from instruction upon which they are lawfully required to attend, or who are insubordinate or disorderly during their attendance upon such instruction, or irregular in such attendance. Such school or room shall be known as a truant school; but no person convicted of crimes or misdemeanors, other than truancy, shall be committed thereto. Such authorities may provide for the confinement, maintenance, and instruction of such children in such schools; and they, or the superintendent of schools in any city or school district, may, after reasonable notice to such child and the persons in parental relation to such child, and an opportunity for them to be heard, and with the consent in writing of the persons in parental relation to such child, order such child to attend such school, or to be confined and maintained therein, under such rules and regulations as such authorities may prescribe, for a period not exceeding two years; but in no case shall a child be so confined after he is 16 years of age. Such authorities may order such a child to be confined and maintained during such period in any private school, orphans' home or similar institution controlled by persons of the same religious faith as the persons in parental relation to such child, and which is willing and able to receive, confine, and maintain such child, upon such terms as to compensation as may be agreed upon between such authorities and such private school, orphans' home, or similar institution. If the persons in parental relation to

such child shall not consent to either such order, such conduct of the child shall be deemed disorderly conduct, and the child may be proceeded against as a disorderly person, and upon conviction thereof, if the child was lawfully required to attend a public school, the child shall be sentenced to be confined and maintained in such truant school for a period not exceeding two years; or if such child was lawfully required to attend upon instruction otherwise than at a public school, the child may be sentenced to be confined and maintained for a period not exceeding two years in such private school, orphans' home or other similar institution, if there be one, controlled by persons of the same religious faith as the persons in parental relation to such child, which is willing and able to receive, confine, and maintain such child for a reasonable compensation. Such confinement shall be conducted with a view to the improvement and to the restoration, as soon as practicable, of such child to the institution elsewhere, upon which he may be lawfully required to attend. The authorities committing any such child, and in cities and villages the superintendent of schools therein, shall have authority, in their discretion, to parole at any time any truant so committed by them. Every child suspended from attendance upon instruction by the authorities in charge of furnishing such instruction, for more than one week, shall be required to attend such truant school during the period of such suspension. The school authorities of any city or school district, not having a truant school, may contract with any other city or district having a truant school, for the confinement, maintenance, and instruction therein of children whom such school authorities might require to attend a truant school, if there were one in their own city or district. Industrial training shall be furnished in every such truant school. The expense attending the commitment and cost of maintenance of any truant residing in any city or village employing a sperintendent of schools shall be a charge against such city or village, and in all other cases shall be a county charge.

The school authorities of any city or school district not having a truant school may contract with any other city or district or county having a truant school for the confinement, maintenance, and instruction therein of children whom such school authorities might require to attend a truant school if there were one in their own city or district. Industrial training shall be furnished in every such truant school.

It shall

The commissioner of education has the power to employ assistants. be the duty of such assistants to make investigation and to report to said commissioner under his instructions the extent to which said compulsory-education law is complied with in the cities and school districts, and perform such other duties as may be required.

The commissioner of education has the power to withhold one-half of all public school moneys from any city or school district which in his judgment willfully omits and refuses to enforce the provisions of said compulsory-education law, after due notice, so often and so long as such willful omission and refusal shall in his judgment continue; but whenever the provisions of said law have been complied with, all moneys so withheld by the commissioner of education shall be paid over by him to such city or school district. Twelve thousand dollars are appropriated to carry out the foregoing provisions regarding attendance.

Character of instruction.-The course of study is fixed by district trustees and boards of education. The injurious effects of stimulants and narcotics must be taught, and every child, by the compulsory-education act to take effect January 1, 1895, shall regularly attend instruction at a school in which at least the common school branches of reading, spelling, writing, arithmetic, English grammar, and geography are taught, if attending other than a public school. An academical department may be established in a union free school district. Local boards may establish departments for industrial training and for teaching and illustrating the manual or industrial arts and the principles underlying the same, and to erect, equip, and officer such shops as shall be necessary. The board of education or other body having supervision of the public schools in any city or union district may establish free evening schools for instruction in industrial drawing whenever the city authorities or qualified electors shall so direct. Vocal music may be introduced in the normal schools, teachers' institutes, and into union districts and cities, and drawing must be. Kindergartens may, in counties having fewer than 1,000,000 inhabitants, be established, the teachers being considered teachers of the public schools.

Text-books.-The boards of education or such bodies as perform the functions of such boards in the several cities, villages, and union free school districts of

this State shall have power and it shall be their duty to adopt and designate text-books to be used in the schools under their charge in their respective districts. In the common school districts in the State the text-books to be used in the schools therein shall be designated at the first annual school meeting held after the passage of this act by a two-thirds vote of all the legal voters present and voting at such school meeting.

When a text-book shall have been adopted for use in any of the public or common schools, it shall not be lawful to supersede the text-book so adopted by any other book within a period of five years from the time of such adoption, except upon a three-fourths vote of the board of education, or of such body as performs the functions of such board, where such board has made the designation, or upon a three-fourths vote of the legal voters present and voting at the annual school meeting in any other school district.

Any person or persons violating any of the provisions of this act shall be liable to a penalty of not less than $50 nor more than $100 for every such violation, to be sued for by any taxpayer of the school district and recovered before any justice of the peace, said fine, when collected, to be paid to the collector or treasurer for the benefit of said school district.

Buildings.-District trustees and boards of education have the custody of school buildings, the sites for which are purchased and the buildings erected by them when they are authorized thereto by the district. (See OrganizationSchool commissioner.)

The flag of the United States shall be displayed upon or near every school building at the expense of the district.

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4. FINANCES.

Funds (permanent and special)—Taxation.

Funds (permanent and special).—[There is a United States deposit fund which is the original sum of $4,014,520.17 received in virtue of the act of Congress approved June 15, 1837. From the beginning $28,000 of the income were given annually to academies, and after 1846 $25,000 were annually added to the common school fund," and at date $30,000 are given to academies for the support of teachers' training classes. Of the remaining portion of the income from 1838, $55,000 a year have been given to school district libraries, except during sixteen years, when only $50,000 were granted. The principal is loaned through the district commissioners, about one-half being invested in that way, the other portion being invested in bonds of the United States or bonds guaranteed by them. The second fund is the common school fund," which amounted in 1893 to $4,373,140, the income of which is given to aid the elementary schools. The free school fund" is the tax levied by the State each year for school purposes. There is also a literary fund" of $284,201, the income of which is given to "academies." The United States deposit fund and the literary fund are under the charge of the board of regents of the University of New York.]

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Taxation. There shall be raised by tax in each year upon the real and personal estate of each county within the State such sum as the legislature shall annually determine necessary for the support of common schools in the State, and the proceeds of such tax shall be apportioned and distributed as herein provided.

The moneys so raised shall be paid into the State treasury. On the first working day of each month the treasurer shall make to the commissioner of education a written statement of the condition of the free school fund. No such money shall be paid out of the treasury except upon such warrant of the commissioner, countersigned by the comptroller, referring to the law under which it is drawn. Until satisfactory evidence shall be furnished the comptroller that all moneys required by law to be raised by taxation upon a county for the support of schools throughout the State have been collected and paid or accounted for to the State treasurer, he may withhold payment; and whenever, after the 1st day of March in any year, in consequence of the failure of any county to pay such moneys on or before that day, there shall be a deficiency of moneys in the treasury applicable to the payment of such school moneys, to which any other county may be entitled, the treasurer and commissioner of education are hereby authorized to make a temporary loan of the amount so deficient, and such loan and the interest, at the rate of 12 per cent per annum, shall be a charge upon the county in

default, and shall be added to the amount of State tax and levied upon such county by the board of supervisors thereof at the next ensuing assessment.

The moneys raised by the State tax or borrowed as aforesaid to supply a deficiency thereof, and such portion of the income of the United States deposit fund as shall be appropriated, and the income of the common school fund, when the same is appropriated to the support of common schools, shall constitute the State school moneys, and shall be divided and apportioned by the commissioner of education on or before the 20th day of January in each year as hereinafter provided; and all moneys so apportioned, except the library moneys, shall be applied exclusively to the payment of teachers' wages. He shall apportion and set apart from the free school fund appropriated therefor the amounts required to pay the annual salaries of the school commissioners elected or elective under this act, to be drawn out of the treasury and paid to the several commissioners as hereinafter provided; and he shall also apportion to each of the cities of the State, and to each of the incorporated villages of the State having a population of 5,000 and upward, and to each union free school district having a like population, which employs a superintendent of schools, out of the income of the said fund, and if insufficient, the deficiency out of the free school fund so appropriated, the sum of $800; and in case any city is entitled to more than one member of assembly, according to the unit of representation adopted by the legislature, $500 for each additional member of assembly, to be expended according to law for the support of the public schools of the city. But the commissioner shall make no allotment to any city or district for the expenses of a superintendent unless satisfied that such city, village, or district employs a competent person as superintendent, whose time is exclusively devoted to the general supervision of the public schools of said city, village, or district; nor shall he make any allotment to any dietrict in the first instance without first causing an enumeration of the inhabitants thereof to be made which shall show the population thereof to be at least 5,000, the expense of which enumeration, as certified by said commissioner of education, shall be paid by the dictrict in whose interest it is made. He shall then set apart from the income of the United States deposit fund for and as library moneys such sums as the legislature shall appropriate for that purpose. He shall also set apart from the free school fund a sum not exceeding $4,000 for a contingent fund. He shall then set apart and apportion, for and on account of the Indian schools under his supervision, a sum which will be equitably equivalent to their proportion of the State school moneys, upon the basis of distribution established by this act, such sum to be wholly payable out of the proceeds of the State tax for the support of common schools. After deducting the said amounts he shall divide the remainder of the State school moneys into two parts and shall apportion them as follows:

He shall apportion such remainder equally among the school districts and cities from which reports shall have been received in accordance with law, as follows: Making the distributive portion of each district quota $100. To entitle a district to a distributive portion or district quota, a qualified teacher, or successive qualified teachers, must have actually taught the common school of the district for at least the term of time hereinafter mentioned during the last preceding school year. For every additional qualified teacher and his successors who shall have actually taught in said school during the whole of said term the district shall be entitled to another distributive quota; but pupils employed as monitors or otherwise shall not be deemed teachers. The aforementioned term shall be during every school year one hundred and sixty days of school, inclusive of legal holidays that may occur during the term of said schools, and exclusive of Saturday. No Saturday shall be counted as part of said one hundred and sixty days of school, and no school shall be in session on a legal holiday.

Having so apportioned and distributed the said district quota as specified in section 6 of this act, the commissioner shall apportion the remainder of said State school moneys, and also the library moneys separately, among the counties of the State according to their respective population, excluding Indians residing on their reservations, as the same shall appear from the last preceding State or United States census; but as to counties in which are situated cities having special school acts, he shall apportion to each city the part to which it shall so appear entitled, and to the residue of the county the part to which it shall appear to be so entitled. If the census according to which the apportionment shall be made does not show the sum of the population of any county or city, the commissioner shall, by the best evidence he can procure, ascertain and determine the population of such county or city at the time the census was taken and make his apportionment accordingly.

Whenever any school district shall have been excluded from participation in any apportionment made by the commissioner or by the school commissioners by reason of its having omitted to make any report required by law or to comply with any other provision of law, or with any rule or regulation made by the commissioner under the authority of law, and it shall be shown to the commissioner that such omission was accidental or excusable, he may, upon the application of such district, make to it an equitable allowance, and if the apportionment was made by himself cause it to be paid out of the contingent fund, and if the apportionment was made by the commissioners direct them to apportion such allowance to it at their next annual apportionment in addition to any apportionment to which it may then be entitled. And the commissioner may, in his discretion, upon the recommendation of the school commissioner having jurisdiction over the district in default, direct that the money so equitably apportioned shall be paid in satisfaction of teachers' wages earned. The school commissioners of the county shall distribute the sums appropriated from the State treasury and certify to the supervisor (or treasurer of the school district) of each town the amount of money apportioned to it and who disbursed the money.

Local taxes are voted by the district in meeting. These taxes are as follows: To purchase sites and build schoolhouses or to hire buildings or rooms, and to repair and furnish and meet the incidental expenses of maintaining same; to purchase maps, globes, blackboards, and other apparatus, and to purchase textbooks and other supplies, not to exceed $25 in any one year; to establish a school library, purchase the books to increase it and a case to hold it; to supply deficiencies from noncollections and embezzlements; to insure the buildings; to pay deficiencies in teachers' wages after the public (State) money has been exhausted; to satisfy judgments of record. (See Organization-School commissioner.)

NORTH CAROLINA.

1. ORGANIZATION OF THE SYSTEM.

State board-State superintendent-County board-County superintendent— District committee.

State board.-The State board of education consists of the governor, lieutenant-governor, secretary of state, treasurer, auditor, superintendent of public instruction, and attorney-general. It apportions the State school money and constitutes the State te t-book commission, with power to adopt text-books to be used in public schools for a term of five years at a predetermined price, and has general power to regulate the public schools of the State.

State superintendent.-The State superintendent is elected quadrennially by the people. He prepares the forms and registers used in the schools, and in general shall look after and direct the system of public schools and report biennially to the governor. He shall be furnished with an office at the State capital, and expenses incidental to it. He signs requisitions on the auditor for the payment of money by the State treasurer, and is enjoined to learn and supply the educational wants of the State and make himself acquainted with the course of educational affairs in other States. For his expenses while counseling with county boards and superintendents, delivering lectures at institutes, etc., and for extra clerical assistance, $500 is annually allowed. He is authorized by law to employ a chief clerk at a salary of $1,000, and an additional clerk at a salary of $1,000 to assist in distributing the loan fund, etc., and a stenographer at a salary of $500. All public schoolhouses have to be built according to plans approved by the State superintendent. He appoints institute conductors. All school officers shall obey his instructions and accept his constructions of the school law.

County board. The general assembly shall appoint three men in each county, of good business qualifications and known to be in favor of public education, who shall constitute a county board of education. The State board fills vacancies in county boards arising from failure of the general assembly to appoint, but after qualification vacancies can be filled by remaining members of the county boards. The county superintendent shall be the secretary and the county treasurer the treasurer of the board. The members shall not receive more than $2 per diem and mileage. The board shall be charged with the general manage