ment will produce the best results, and give instruction to the largest number of pupils practicable. They may provide for such instruction in separate rooms, or separate buildings, as in their judgment may be most advantageous.

5915u. Taxes, levy.-3. Any such board of school trustees or other school authorities having decided to establish such system of industrial or manual training and education and domestic science shall have authority, in addition to all other taxes now authorized to be levied, to levy a tax not exceeding ten cents on each hundred dollars of property liable for taxation for school purposes to be levied and collected as other taxes for school purposes are levied and collected, for the purpose of purchasing grounds and erecting buildings, or for renting buildings wherein such instruction shall be given, the purchase of all necessary tools, implements and apparatus, and for the payment of instructors and other expenses incident to the maintenance thereof: Provided, That no portion of the taxes so levied and collected shall be applied to any other purpose.

[Acts 1903, p. 350. In force March 9, 1903.]

5915v. Bonds or notes by cities and towns.-1. That in all cities of the State of Indiana which are incorporated under the general laws of the state, and in incorporated towns of this state, the boards of school trustees in such city or incorporated town are hereby authorized and empowered to borrow money and to issue the bonds or notes of such school city or school town, such bonds or notes to bear interest at a rate not exceeding five per centum per annum, and payable at such times within ten years from date as such school board may determine. The money obtained as a loan on such bonds or notes shall be disbursed by order of such board in payment of expenses incurred in buying grounds, building school houses or in making repairs on school buildings heretofore erected for such school city or town, and for no other use or purpose whatsoever. Before any such debt is incurred, such school officers shall give notice by publication for three consecutive weeks in some newspaper published in such city or town, and if none be so published, then in some newspaper of general circulation in such [county] city or town, or by posting such notices in five public places in such city or town for three weeks, which notices shall state the aggregate debt proposed to be incurred, the location of real estate, if it be proposed to buy real estate; the character and size of the building to be erected, and the nature of the improvement proposed: Provided, That if the aggregate debt proposed to be created exceeds threefourths of one per centum of the taxable property of such city or incorporated town, as ascertained by the last preceding assessment for state and county taxes, then such fact shall be certified by said school officers to the common council of such city or the board of trustees of such town, and such common council or board of trustees shall at once cause the question, "Shall such school debt be incurred," to be submitted to the electors of such city or town. The form of the ballot

shall be "For the school debt;" "Against the school debt." The notices of the election shall state, among other things, the aggregate amount of the debt proposed to be incurred. Such question may be submitted at either a regular or a special election, and shall in all things be governed by the general law for such elections. All expense of such election shall be paid by such city or town. The result of such election, as soon as determined, shall be certified by the town trustees or the common council to the proper school officers; and if a majority of these voting are against incurring such school debt, the school trustees shall have no power to make such contracts or incur such debt: Provided, further, That no board of trustees shall create any indebtedness exceeding two per centum of the taxable property of such city or town, as ascertained by the last assessment for state and county taxes previous to the incurring of the said indebtedness: And provided, further, That said bonds or notes shall not be sold at a less rate than one hundred cents on the one dollar.

5915w. Tax to pay bonds.-2. For the purpose of paying said bonds or notes issued as provided in the foregoing section, said school trustees are hereby empowered to levy annually a tax not to exceed twentyfive cents in any one year on each one hundred dollars of the taxable property of such city or town as ascertained by the proper assessing officers, and one dollar on each taxable poll: Provided, That the revenue derived from such levy shall be used only in payment of the principa! and interest of said notes or bonded indebtedness. Any surplus remaining after the payment of said indebtedness shall be covered into the special school revenues of such school city or town.

5915x. Bonds of trustees.-3. Before any board of school trustees shall sell or negotiate any of the notes or bonds herein provided for, such board of trustees shall file with the county auditor in which such city or town is situate, a bond payable to the State of Indiana, in a sum not less than the face value of such notes and bonds so to be sold, with security to be approved by the auditor, conditioned for the faithful and honest application of all such moneys to the purposes specified in this act.

5915y. Redeeming bonds, no repeal.-4. Until all such bonds or notes of any one issue under this act shall be redeemed, such school city or town shall not be authorized to make another issue of bonds or notes. This act shall not be construed to repeal any law of this state which authorizes school trustees of such cities or incorporated towns to levy taxes for school purposes, and all parts of the general laws of this state not inconsistent herewith and which may be applicable to the general system of common schools in such cities or towns shall be in full force and effect.

The act of March 9, 1903, Acts 1903, p. 347, authorizing school trustees in cities and towns having a population of not more than 4,545, nor less than 4,540, to issue and sell bonds for school purposes, was held to be local and special legislation and unconstitutional in the case of School City of Rushville v. Hayes, 162 Ind. 193.

Under such decision the following acts on the same subject are regarded as invalid, viz.:

Act of February 4, 1903, Acts 1903, p. 13, authorizing school trustees in towns and cities having a population of not less than 2,820, nor more than 2,830, to issue and sell bonds for school purposes.

Act of March 5, 1903, Acts 1903, p. 175, authorizing cities and towns having a population of not more than 7,820 nor less than 7,800, to issue and sell bonds for school purposes.

Act of March 9, 1903, Acts 1903, p. 239, authorizing school trustees in cities hav ing not less than 7,095 nor more than 7,105 in population, to issue and sell bonds for school purposes.

Act of March 9, 1903, Acts 1903, p. 335, authorizing school trustees of cities having a population of not less than 6,100, nor more than 6,130, to issue and sell bonds for school purposes.

Act of March 10, 1903. Acts 1903, p. 415, authorizing school trustees in cities having a population of not less than 7,200 nor more than 7,700, to levy a special tax for the purchase of land and the erection of school buildings.

Acts of March 11, 1903, Acts 1903, p. 533, authorizing school trustees in cities having a population of not less than 3,410, nor more than 3,420, to issue and sell bonds for school purposes.

Act of March 11, 1903, Acts 1903, p. 530, authorizing school trustees in towns having a population of not less than 1,400, nor more than 1,420, to issue and sell bonds for school purposes.

Act of March 12, 1903, Acts 1903, p. 538, authorizing school trustees in cities having a population of not less than 4,025, nor more than 4,050, to issue and sell bonds for school purposes.

5920. General duties of trustees.

Mandamus will not lie to compel a township trustee to furnish a school house and employ a teacher for a school at a particular place within a school district. State v. Schmetzer, 156 Ind. 528.

The school trustees of a city may be compelled by mandate to enforce an order of the board of health requiring all pupils who attend the public schools to be vaccinated. State v. Beil, 157 Ind. 25.

School trustees may purchase music charts for use in the public schools without the approval of the county board of education. Myers Publishing Co. v. White River Tp., 28 App. 91.

5920c. Removal and relocation of school houses.

Under the act of 1893, a school house can be removed and relocated at a different place only with the concurrence of the township trustee, a majority of the patrons of the school, and of the county superintendent of schools. Carnahan v. State, 155 Ind. 156.

5920f. Abandonment of schools.

School authorities have a discretion as to the abandonment of schools, and they will not be compelled by mandate to maintain a school for a few pupils when they can be accommodated at another convenient school. State v. Seely, 163 Ind. 244.

5936. School commissioners.

The act of 1871, providing for school commissioners in cities of 30,000 inhabitants, violates the provision of the constitution against special legislation. Campbell v. City of Indianapolis, 155 Ind. 186.

5939. Duties and powers of commissioners.

Although the act providing for the election of school commissioners in cities of 30,000 is unconstitutional, the acts of such commissioners in issuing bonds was cured by the act of 1899. Campbell v. City of Indianapolis, 155 Ind. 186.

[Acts 1905, p. 34. In force February 24, 1905.]

5951. Common school tuition fund.-1. That there shall be in the year 1905, and annually thereafter, assessed and collected, as state and county revenues are collected, eleven cents and six mills (11 cents and 6 mills) on each one hundred ($100.00) dollars worth of taxable property, real and personal, in the state; which money, when collected, shall be paid into the state treasury for a common school tuition fund, and shall be apportioned to the several counties in the manner herein provided.

5951a. Apportionment of fund.-2. The state superintendent of public instruction shall, on the days fixed by law for his apportionment of the school revenue, in each year, add to the sum total of said revenue, in readiness in each county for apportionment, any amount in the state treasury ready for apportionment, together with 94.8 per cent. of the sum collected by virtue of the levy provided for in section one of this act; and, after said addition, the superintendent shall apportion the whole of said sum to the several counties of the state, according to the last enumeration of children therein, with due reference to the diminution provided for by law.

5951b. Distribution of fund.-3. A sum equal to 5.2 per cent. of the amount collected under the levy provided for in section one of this act, shall be a fund to be distributed as hereinafter provided.

5951c. Town or township deficiency-Certificate.-4. Whenever any trustee of a township or board of trustees of any school town shall ascertain that there is not a sufficient amount of tuition revenue in his or their hands to enable him or them to maintain the public schools therein for the minimum term now or hereafter provided by law in such current school year, he or they, as the case may be, shall certify in writing under oath such fact to the county superintendent of his or their county, stating therein the rate of the levy for local tuition purposes on each one hundred dollars, and the taxes on each taxable poll made for the supplementary tuition tax by such township or school town in the year immediately

previous to the school year in which such deficiency occurs, or will occur; also, stating the full amount received for tuition from each source, the names and number of teachers employed, the rate per diem paid them, the number of days each has taught and when he began teaching, and an estimate of the amount that will be necessary over and above the tuition revenue then on hand to complete such legal minimum term of all the public schools in such school corporation. Said certificate shall be executed in duplicate. Said county superintendent shall immediately examine such certificate, and if he shall find the facts stated. therein to be true, and shall further find that such school corporation. has levied the highest amount authorized by law for such school municipality as supplementary tuition tax for the year in which such deficiency will occur, he shall forward one of such certificates to the state superintendent of public instruction, together with the result of his examination, and with the name and postoffice address of such township trustee or the treasurer of such school corporation.

5951d. Superintendent and auditor, duties.-5. Upon receipt of such statement from the county superintendent, the said superintendent of public instruction shall issue an order on the auditor of state in favor of such school corporation, if there be funds in the state treasury available for that purpose, for the amount necessary to bring the school term of said township or school corporation up to the minimum legal term, specifying the name of the trustee of such township, or the treasurer of said town, and his post office address. And the auditor of state shall at once draw a warrant on the treasurer of state, payable out of the fund provided for in section 3 of this act in favor of said township or town, payable to the trustee of such township or treasurer of such town, and mail the same to him; provided no such township trustee or treasurer of a school town shall be entitled to draw or receive the funds provided in this act unless said township trustee or school board of trustees has levied a local tuition tax of at least forty cents on $100.00 of taxable property in such township or school town.

5951e. Uses of fund.-6. Said township trustee or school board of trustees shall use the amount so received from the state for the payment of the salaries of teachers employed in his township or their town to enable him or them to maintain schools therein for the full term as required by law during the year for which it was received, and shall use it for no other purpose.

5951f. Liability for fund.-7. The township trustee, or treasurer of any town school board and the sureties on their bonds receiving such funds from the state, shall be liable for the same as for any other township or school funds they may receive in an official capacity.

5951g. Appropriation.-8. The sum of seventy-five thousand ($75,000.00) dollars is hereby set apart and appropriated from any moneys in the state treasury, not otherwise appropriated, for the fund provided for in section 3 of this act, for use in the school year beginning in September, 1905.