nopoly law. A law adapted to any State should, therefore, have the following elements: 1. It should provide for adoption by local officers and uniformity for each school. 2. It should provide for contract and sale by public officers, or for a contract and assignment of the same to some local bookseller, under conditions satisfactory to the board and to the people.

3. It should provide for the continuance of the adopted books for at least five years. Under such conditions competition would be active, constant, and the people would have the decision of such matters as should be left to their control.

How far uniformity is desirable.-Hon. L. S. Cornell, State superintendent of Colorado: Uniformity of text-books did not always have the meaning that these words now convey. Some of us can remember when each child came to school supplied with such books as had come down to him through the careful hands of two or three generations, or had been given him by some kind-hearted neighbor. If perchance he owned a book purchased for him, it might be any one of several varieties on sale in the village store. A country teacher with fifty or sixty pupils of all ages thus equipped could have but one opinion on the desirability of uniform text-books.

That chaotic condition of things, so wasteful of the teacher's energy and so opposed to orderly, systematic work, is past. Children of the same grade in a school use only one kind of book on each subject. Not only is this true, but, pleased with the results of their work and apparently acting on the principle that one can not have too much of a good thing,' the reformers have secured the adoption of uniform series of books in townships, counties, and States. Whether this is another case of pendulum-like swinging from one extreme to the other is, perhaps, still an open question. Township uniformity is, no doubt, desirable when the township is the unit of the system and the schools are all under one management. The same may be said of county uniformity when the schools are thoroughly organized and the county superintendent is in fact a superintendent of schools. But beyond that it seems to me that the most of the valid arguments fail. If there were a book on each subject absolutely superior to all others, and if we had infallible officials to select these books, there could be no question; but with both these conditions unfulfilled it seems to me that State uniformity is wrong in theory, as it is unsatisfactory, often abominable, in practice,

CHAPTER XX.

POWERS OF CITY SCHOOL BOARDS WITH REGARD TO SCHOOL SITES AND BUILDINGS.

The following pages contain a brief statement of the powers granted by State laws to city school boards regarding the selection and purchase of school sites and the erection of school buildings; and in cases where such boards are invested with authority in the matter of sites and buildings, there is added a brief synopsis of the law showing the extent of control they have over the school finances, i. e., the means they possess of making their powers effective.

The school systems of the more important cities in many of the States, of nearly all the cities of some States, are organized under special laws or provisions of their charters. A number of such cities are noted in the following summary, though it has not been practicable to make the list exhaustive at the present time.

ALABAMA.

Township superintendents, at a meeting of parents and guardians and in consultation with them, fix the location of schools. (Sch. Law, ed. 1889, sec. 967.) An appeal lies to the county superintendent. (Sec. 970).

Schoolhouses are built by local taxes; all local funds are expended as the township superintendent or other local authority provided by law may prescribe. (Sec. 1016). Mobile County.-The board of school commissioners has "power to purchase or lease such property for school purposes as in their judgment may be necessary for the proper accommodation" of pupils and teachers. The board has power to levy and collect taxes. Birmingham.-Board of education has "power to build upon the property of the city suitable houses for the use and accommodation of the public schools." Board levies a tax not exceeding 15 cents on $100, which must be collected and disbursed as they direct.

Montgomery.-Board of school examiners have no power over school property; this power is vested solely in city council.

Tuscaloosa.-The "board of education shall have power, with the approval of the board of mayor and aldermen, to build upon the property of the city suitable houses for use and accommodation of the public schools of said school district." Mayor and aldermen levy local tax. "No contract shall be entered into and no disbursement of any money or funds under the provisions of this act shall be made except by the consent and under the direction and control of the board of mayor and aldermen." Troy.-Same as Tuscaloosa.

ARKANSAS.

Boards of school directors of incorporated cities and towns organized as single districts locate and establish schools. (Sch. Law, ed. 1889, sec. 6266.) They "have power to purchase or lease schoolhouse sites, to build, hire, or purchase school houses," etc. (Sec. 6265.)

"But no tax for any purpose can now be levied by the county court without a vote of the electors of the district," specifying the rate. (Ib., note, and sec. 6262.)

City school boards, however, may apply any part of the fund belonging to the district not otherwise appropriated to "building and purchasing a schoolhouse, irrespective of the source from which such fund came." (Opinion Att'y-Gen., p. 73.)

CALIFORNIA.

Boards of education in cities have power, “when directed by a vote of their [city] district, to build schoolhouses or to purchase or sell school lots." (Sch. Law, ed. 1888, sec. 1617, fifth.)

COLORADO.

Boards of school directors in districts containing a school population of more than 350 exercise certain powers given the electors of districts of less than 350. (Sch. Law, ed. 1889, sec. 41.) This includes power "to fix the site for each schoolhouse," and to order such tax on taxable property of the district as they shall deem sufficient for purchasing sites and building schoolhouses, etc. (Sec. 63.) County commissioners must levy tax, and the amounts collected are held subject to the order of school board. (Sec. 67.)

CONNECTICUT.

A schoolhouse site may be fixed or changed only by a two-thirds vote of a district meeting. (Sch. Law, ed. 1888, sec. 117.)

"No new schoolhouse shall be built except according to a plan approved by the board of school visitors [or town school committee] and by the building committee of such district; nor at an expense exceeding the sum which the district may appropriate therefor." (Secs. 116, 129.)

Towns may constitute themselves a single district. (Sec. 124.)

DELAWARE.

District school committees have power "to determine the site, lease or purchase the necessary ground, and build or procure a suitable house" for the district. (Sch. Law, ed. 1881, Art. IX, 1.) "To receive and collect all money belonging to, appropriated, or resolved to be raised for the district, and to apply the same justly." (Ib., 4.)

A tax for a schoolhouse can only be levied by vote of a district meeting. If it exceeds $500, special authority must be obtained from the State legislature. (Art. VI.) The districts of eighteen cities, towns, or villages have been consolidated and incorporated by special acts of the legislature. (Art. V.)

Wilmington. The board of education "shall have control and authority over all the public schools," and "shall increase the number," etc.. "and do all acts necessary for establishing and maintaining said schools as they shall deem judicious and expedient." "They shall have no banking power." (Act Feb. 24, 1871, sec. 4.)

The city council shall every year "determine according to a computation to be laid before them by said board the sum necessary to be raised" for the above purposes. (Ib., sec. 6.)

In 1877 a committee of the board reported that the city council had "uniformly refused" to "appropriate the amounts asked for," with one or two exceptions, though the city solicitor gave it as his opinion that the demand was legal. (Several acts affecting Wilmington have since been passed.)

FLORIDA.

* * *

County boards of public instruction are authorized and directed "to select and provide a site for each schoolhouse in the villages or cities;" and "to do whatever they may judge expedient with regard to purchasing or renting school sites and premises; constructing, etc., schoolhouses," etc. (Sch. Law, ed. 1885, sec. 20, fifth and sixth.)

County boards have charge and management of common-school moneys. (Ib., second.) Their tax estimates for 1881 and 1882 were not to exceed four mills on the dollar, and were subject to the approval of the county commissioners. (Act March 7, 1881.)

GEORGIA.

County boards of education locate schools (act of 1887, sec. 20); have power to purchase sites and build schoolhouses; they may provide for same "either by labor on the part of the citizens of the subdistrict to be served or by a tax on their property, as may be hereafter provided." (Ib., sec. 21.)

Nearly or quite all important cities and towns are governed by special laws, for instance:

Atlanta.-Mayor and council are empowered to maintain, regulate, etc., schools. City ordinance confers on board of education "control of the whole subject of public schools

in the city," specifying among others the power "to contract, lease, or purchase buildings for schoolhouses." (Ordinance 1879, sec. 471.) Board treasurer receives and pays out all money, from whatever source derived. (Sec. 474.) Mayor and council determine tax rate and appropriations of money. (Sec. 480.)

Augusta (forms part of the Richmond County school system).—State law invests county board of education with all power to control, lease, sell, or convey schoolhouse sites or other school property as they may deem best. (Act of 1872, sec. 3.) "County board of education shall control the financial department of the public-school system." (Sec. 5.) They shall levy, by a two-thirds vote of all members, "such tax as they may deem necessary for public-school purposes," which must be collected and placed to their credit. (Sec. 16.)

Macon (part of Bibb County system).-County board of education has essentially the same powers as those given above for Richmond County, except that their tax levy must be approved by county commissioners.

Savannah (part of Chatham County system).—County board of education have authority to purchase real estate and provide schoolhouses. (Acts of March 21 and December 18, 1866.) They have control of all school funds of the State and county or appropriated by the city council of Savannah, and expend the same at their discretion. (Ib.)

ILLINOIS.

Boards of education of districts having a population of over 1,000 and less than 100,000, and not governed by a special act, have power to buy or lease sites for schoolhouses, with the necessary grounds: Provided, It shall not be lawful for such board of education to purchase or locate a schoolhouse site, or to purchase, build, or move a schoolhouse," unless authorized by a vote of the district. (Sch. Law of 1889, Art. V, sec. 10, fifth.)

Boards of education of cities having a population exceeding 100,000 "have power, with the concurrence of the city council," to erect or purchase buildings suitable for schoolhouses," "to buy or lease sites for schoolhouses." (Ib., sec. 21.)

Each township is a school district. (Ib., Art. III, sec. 1.) Incorporated cities and villages, not under special acts, are parts of the school townships in which they are situated, and subject to all the above. (Ib., Art. VI, sec. 1.)

General law regarding special districts. In all cities in which, by the provisions of any general or special law heretofore passed, the members of the common council nave been made ex officio school directors, such ex officio school boards are superseded by distinctive boards of education, which have "all rights, powers, and duties heretofore exercised by and devolved upon the members of the city council" as ex officio school directors. They certify annually to the city council the "amount of money required to be raised by taxation for school purposes" (subject to the restrictions of the general school laws as to amount), and the city council is required to levy and collect it. (Law of 1879, amended 1889.)

INDIANA.

"Before the school trustees of any incorporated town or city in this State shall purchase any ground for school purposes, or enter into any contract for the building of any school building or buildings, they shall file a statement with the trustees of such incorporated town, or common council of such city, showing the necessity of such purchase of ground, or the erection of such building or buildings," together with an estimate of the cost of land and buildings; and they are not to make any purchase or enter into any contract until such action is approved by said town trustees or common council. (Sch. Law, ed. 1889, sec. 4491.)

In all cities having a population of 30,000 or more by the census of 1870 the board of school commissioners is authorized to purchase grounds and construct school buildings; also "to levy all taxes for the support of the schools within such city," not exceeding 25 cents on $100 for sites, buildings, and supplies, and to disburse through their treasurer all school moneys; also to issue bonds, not exceeding $100,000 in the aggregate. Indianapolis is the only city with its schools organized under these provisions. (Ib., sec. 4460.)

IOWA.

Cities, towns, and villages of not less than 200 inhabitants may be constituted independent districts. (Sch. Law, ed. 1888, sec. 1800.) Such a district "may have as many schools," and be subdivided into wards or other subdivisions, as the school board may deem proper, and shall be governed by the laws regulating district townships so far as applicable (sec. 1806), which would fix the law as follows:

The power to vote taxes for sites and school buildings belongs exclusively to the electors of a district township or independent district. (Sec. 1717, 3, and sec. 1807 (a).) The school board makes "all contracts, purchases, payments, and sales to carry out any vote of the district, but before erecting any schoolhouse they shall consult with the county superintendent as to the most approved plan of such building." (Sec. 1723.)

KANSAS.

In all cities of over 15,000 inhabitants boards of education "exercise the sole control over the public schools and school property" (Sch. Law, ed. 1889, sec. 154 and sec. 181); determine annually, within the legal limits, the amount of taxes necessary to be raised, including for the payment of school bonds, which tax must be collected by the county treasurer and is subject to the order of the school board (sec. 164); may sell property by a two-thirds vote of all the members (sec. 168); and, by a two-thirds vote, may issue bonds for purchasing sites or building houses up to $160,000 outstanding at one time. (Sec. 174.)

In all cities of from 2,000 to 15,000 inhabitants boards of education have the same powers as in those of over 15,000 inhabitants, except as regards the conveyance of property and issue of bonds. Any proposed issue of bonds must be submitted to a vote of the qualified electors. (Secs. 197, 205, 211, 214.)

Incorporated cities of from 250 to 2,000 inhabitants are governed by the general laws relating to district schools, or to union or graded schools. (Sec. 221). These provide as follows: "The district board shall purchase or lease such a site for a schoolhouse as shall have been designated by the voters at a district meeting in the corporate name thereof, and shall build, hire, or purchase such schoolhouse as the voters of the district in a district meeting shall have agreed upon out of the funds provided for that purpose, and make sale of any schoolhouse site or other property of the district, and it necessary, execute a conveyance of the same in the name of their office, when lawfully directed by the voters of such district at any regular or special meeting, and shall carry into effect all lawful orders of the district." (Sec. 75.) The district by vote levies taxes and issues bonds.

KENTUCKY.

A city or town that maintains an adequate system of common schools is deemed one district and is withdrawn from the control of the county superintendent; otherwise it is subject to the general law. (Sch. Law, ed. 1886, Art. VII, sec. 6.) The school trustees of such a district may "take land, by purchase or donation, for the purpose of erecting thereon a schoolhouse, provide for and secure the erection of the same;" "they may change the location of the schoolhouse, sell or dispose of the old site and use the proceeds thereof towards procuring a new one." (Art. VIII, sec. 6.) District board may order a tax for purchasing a site or building a schoolhouse. (Sec. 7.)

The following are examples of cities under special laws or charters:

Covington.-School board has "full and exclusive control of all the school property and school money and funds”(Charter, sec. 239); has "all the power and authority heretofore conferred upon the city council in reference to common schools or school property." (Sec. 295.) No money can be drawn from the school fund unless appropriated by school board. (Sec. 299.) School board may borrow money for building and issue its bonds. (Sec. 310.) City council shall levy and collect such taxes as school board may require. (Sec. 315.)

Newport.-Control and management of school property is vested in the board of education. The board may purchase and dispose of real estate, the board of councilmen concurring therein. (Charter, sec. 11.) General Laws, chapter 710 (1882), authorizes a special tax of 5 cents on $100 until 1893, to be paid over to and used by city board of education for building new schoolhouses.

LOUISIANA.

Parish (county) boards of school directors may receive land by purchase, and provide for and secure the erection of school houses, and determine their location. (Act of 1888, sec. 7.) They may, by a two-thirds vote of the whole board, change the location of a schoolhouse, sell the old site, and purchase a new one with the proceeds. (Ib.) No special provision is made for taxes for school sites or buildings.

The foregoing applies to all parishes, including the parish of Orleans, as no special powers in this respect are given to its board of directors, or building fund provided for.