When township board to remove certain officers.

Township

order for

removal.

shall be liable to any district for any damage occasioned thereby, to be recovered by the treasurer in the name of the district, in an action of debt, or on the case.

Am. 1901, Act 165.

(150.) § 4772. SEC. 8. The township board of each township, and in the case of fractional school districts, the township board of the township in which the district school-house thereof is situated, shall have power and is hereby required to remove from office, upon satisfactory proof, after at least five days' notice to the party implicated, any district officer or school inspector who shall have illegally used or disposed of any of the public moneys entrusted to his charge, or who shall persistently and without sufficient cause refuse or neglect to discharge any of the duties of his office. And in case of such clerk to record removal it shall be the duty of the township clerk of such township to enter in the records of such township the resolution or order of such board, for such removal; and such record of such resolution or order so entered, or a certified copy thereof, shall be prima facie evidence in all courts and places of the jurisdiction of such board and of the regularity of the Party removed proceedings for such removal, and (unless the party so remay institute moved shall, within thirty days after such removal, institute proceedings for removal of proceedings before a court of competent jurisdiction for the removal of such order for removal, or if after such thirty days such proceedings to obtain such removal shall be discontinued or dismissed) shall be conclusive evidence of jurisdiction and regularity, if it shall appear that the party so removed had five days' notice of the time and place fixed by said board for the hearing of the case as aforesaid.

order of township board.

REMOVAL: When a member of the board is interested in the subject for consideration in the matter of removal, he is not competent to act.-Stockwell v. Twp. Bd. of White Lake, 22 / 341. When interest deemed too remote to disqualify.—Hamtramck Twp. Board v. Holihan, 46 / 127. Proceedings to remove are not invalidated because the board did not meet to agree on the notice under which the proceedings were taken.-Wenzel v. Dorr Twp. Bd., 49 / 25. The statute contemplates that no steps shall be taken until the action of the proper authorities has been invoked by complaint of some definite violation of duty. But preliminary formalities may be waived.Geddes v. Thomastown Twp., 46 / 318. The action of the board is final unless speedily brought up for review.-Id. The proceedings are in the nature of a judicial investigation.-Stockwell v. White Lake Twp. Board, 22 / 341.

CAUSES FOR REMOVAL : The township board is the exclusive judge of the facts on which it is authorized to remove a school officer.-Hamtramck Twp. Bd. v. Holihan, 46 / 127. Refusal to sign the director's orders for the payment of money is not alone sufficient cause for removal of the moderator, for he has a right to determine for himself whether the order should be issued. Stockwell v. White Lake Twp. Bd., 22 / 341. Persistent refusal by a director, without cause, to make needed repairs in the school-house furniture, etc., is sufficient cause for removal.-Hamtramck Twp. Bd. v. Holihan. 46/127. Wilful refusal of a director to sign a teacher's contract, or to accept and file it, or to draw pay orders under the contract, and obstinate neglect to furnish necessary school supplies may be taken into account in proceedings for removal.-Geddes v. Thomastown, 46 / 316. A woman moderator cannot be removed for hiring her husband to teach the school.-Hazen v. Akron Twp. Bd., 48 / 188. Nor a director for the purchase, in his discretion, of new seats for the school-house, under an order of the annual meeting "to fix the school-house for the winter term."-McLaren v. Akron Twp. Bd.. 48/189.

CERTIORARI: Lies to review the proceedings of a township board in removing a school officer.-Stockwell v. White Lake Twp. Bd., 22 / 341; Craw

ford v. Twp. Boards, 22 / 405; 24/248; Merrick v. Arbela Twp. Bd., 41 / 630. But mere insufficiency of evidence to establish the cause for removal will not warrant a reversal of the board's determination, the board being the exclusive judge of the facts.-Hamtramck Twp. Bd. v. Holihan, 46 7 127. Township clerk's return as to testimony taken by the board presumed true.Taylor v. Shimmel, 107 / 676.

and teachers

school book

(151.) § 4773. SEC. 9. No school officer, superintendent, School officers or teacher of schools, shall act as agent for any author, pub- not to act as lisher, or seller of school books, or shall directly or indirectly agents, etc. receive any gift or reward for his influence in recommending the purchase or use of any library or school book or school apparatus, or furniture whatever, nor shall any school officer School officers be personally interested in any way whatever in any contract ested in with the district in which he may hold office. Any act or neg- certain cases. lect herein prohibited, performed by any such officer, super- Such acts intendent, or teacher, shall be deemed a misdemeanor.

not to be inter

contracts in

deemed misde

meanors.

(152.) § 4774. SEC. 10. All provisions of this act shall where this act apply and be in force in every school district, township, city shall apply. and village in this state, except such as may be inconsistent with the direct provisions of some special enactment of the legislature.

Johnston v. Mitchell, 120 / 589.

MISCELLANEOUS PROVISIONS RELATIVE TO EDU-
CATION AND THE SCHOOLS.

An Act to regulate the uniformity of, and to provide FREE SCHOOL TEXTBOOKS in public schools throughout the State, and the distribution of the same, and to repeal all statutes and acts contravening the provisions of this act.

[Act 147, 1889.]

purchase text-books.

(153.) § 4775. SECTION 1. The People of the State of Michi- When board to -gan enact, That from and after June thirtieth, eighteen hundred and ninety, each school board of the state shall purchase, when authorized, as hereinafter provided, the text-books used by the pupils of the schools in its district in each of the following subjects, to wit: Orthography, spelling, writing, read- Subjects. ing, geography, arithmetic, grammar (including language lessons), national and state history, civil government, and physiology and hygiene; but text-books once adopted under the pro- Change. visions of this act shall not be changed within five years: Provided, That the text-book on the subject of physiology and Proviso. hygiene must be approved by the state board of education, and shall in every way comply with section fifteen of act number one hundred and sixty-five of the public acts of eighteen hundred and eighty-seven, approved June ninth, eighteen

Further proviso.

Board to select the kind.

Proviso.

on question.

hundred and eighty-seven: And provided further, That all text-books used in any school district shall be uniform in any one subject.

The section above referred to is Section 4680, Comp. section 58.

-

FREE TEXT-BOOKS : It has never been claimed that school boards have the power to furnish free text-books except by virtue of special legislation.Bd. of Education v. Detroit, 80 / 548.

(154.) § 4776. SEC. 2. The district board of each school district shall select the kind of text-books on subjects enumerated in section one to be taught in schools of their respective districts: Provided, That nothing herein contained shall require any change in text-books now in use in such district. Notice to vote They shall cause to be posted in a conspicuous place, at least ten days prior to the first annual school meeting from and after the passage of this act, a notice that those qualified to vote upon the question to raise money in said district shall vote at such annual meeting to authorize said district board to purchase and provide free text-books for the use of the pupils in said district. If a majority of all the voters as above provided present at such meeting shall authorize said board to raise by tax a sum sufficient to comply with the provisions of this act, the district board shall thereupon make a list of such books and file one copy with the township clerk and keep one copy posted in the school, and due notice of such action by the district shall be noted in the annual report to the superintendent of public instruction. The district board shall take the necessary steps to purchase such books for the use of all pupils in the several schools of their district, as hereinafter provided. The text-books so purchased shall be the property of the district purchasing the same, and shall be loaned to pupils free of charge, under such rules and regulations for their careful use and return as said district board may establish: Provided, That nothing herein contained shall prevent any person from buying his or her books from the district board of the school in which he or she may attend: Provided further, That nothing herein contained shall prevent any district having once adopted or rejected free text-books from taking further action on the same at any subsequent annual meeting.

Books to be property of district, etc.

Proviso.

Further proviso.

Board to contract with

Proviso.

(155.) § 4777. SEC. 3. It shall be the duty of the district publishers, etc. board of any school district adopting free text-books provided for in this act to make a contract with some dealer or publisher to furnish books used in said district at a price not greater than the net wholesale price of such books: Provided, That any district may, if it so desires, authorize its district board to advertise for proposals before making such contract. (156.) § 4778. SEC. 4. The district board of every school district in the state adopting free text-books under this act amount to be shall make and prepare annually an estimate of the amount of money necessary to be raised to comply with the conditions of this act, and shall add such amount to the annual estimates

Board to make annual estimate of

raised.

made for money to be raised for school purposes, for the next ensuing year. Said sum shall be in addition to the amount now provided by law to be raised; which amount each township clerk shall certify to the supervisor of his township to be assessed upon the taxable property of the respective districts as provided by law for raising the regular annual estimates of the respective district boards for school purposes, and when collected shall be paid to the district treasurer in the same manner as all other money belonging to said district is paid.

books, etc.

(157.) § 4779. SEC. 5. On the first day of February next when director after the tax shall have been levied, the director of said dis- to purchase trict may proceed to purchase the books required by the pupils of his district from the list mentioned in section one of this act, and shall draw his warrant, countersigned by the moderator, upon the treasurer or assessor of the district for the price of the books so purchased, including the cost of transportation.

meanor.

(158.) § 4780. SEC. 6. If the officers of any school dis- Refusal or neglect of trict, which has so voted to supply itself with text-books, duty a misdeshall refuse or neglect to purchase at the expense of the district for the use of the pupils thereof, the text-books as enumerated in section one of this act, or to provide the money therefor as herein prescribed, each officer or member of such board so refusing or neglecting shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of com- Penalty. petent jurisdiction, shall be liable to a penalty of not more than fifty dollars or imprisonment in the county jail for a period not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the court: Provided, That Proviso. any district board may buy its books of local dealers if the same can be purchased and delivered to the director as cheaply as if bought of the party who makes the lowest bid to the district board: Provided further, That school districts Further in cities organized under special charters shall be exempt from proviso. the provisions of this act, but such districts may, when so authorized by a majority vote of their district boards, submit In cities, the question of free text-books to the qualified voters of said submit quesdistricts. If a majority of the qualified electors vote in favor tion to voters of furnishing free text-books, such district boards shall have authority to proceed under the provisions of this act.

SPECIAL CHARTERS: The action of the Detroit board of education, in including in its annual estimate a sum for free text-books, in the absence of authority from a majority of the qualified electors, as provided in this section, was held absolutely void.-Bd. of Ed. v. Detroit, 80 / 551.

An Act to prescribe and define a course of studies to be taught in the district schools of this State which shall be known as the AGRICULTURAL COLLEGE COURSE.

boards may

of district.

[Act 181, 1897.]

(159.) § 4791. SECTION 1. The People of the State of Michi- Who to pregan enact, That the superintendent of public instruction shall se

pare course

prepare for district schools a course of study, comprising the branches now required for third grade certificates, which shall be known and designated "the agricultural college course," and upon the satisfactory completion of this course of study, as evidenced by a diploma or certificate, duly signed by the county commissioner of schools, pupils shall be admitted to the freshman class of the agricultural college without further examination. It shall be the duty of the secretary of the agribe forwarded cultural college each year to send to each rural school district in the state a college catalogue, and upon application to furnish to such schools such other information as may be desired relative to said college. Such catalogue and other information shall be kept in each school for reference.

College catalogue to

to school districts.

Duty of district board.

Qualifications of teachers, etc.

What children entitled to instruction.

Act to apply to

schools.

An Act authorizing the introduction of the KINDERGARTEN METHOD in the public schools of this State.

[Act 119, 1891.]

(160.) § 4792. SECTION 1. The People of the State of Michigan enact, That in addition to the duties imposed by law upon the district board of every school district in this state, they shall also be empowered to provide a suitable room or apartment for kindergarten work, and to supply their district respectively with the necessary apparatus and appliances for the instruction of children in what is known as the kindergarten method.

(161.) § 4793. § 4793. SEC. 2. SEC. 2. In the employment of teachers it shall be competent for such district board to require qualifications for instruction of children in kindergarten methods, and the district board may provide by contract with the teacher for such instruction, specifying the hours and times therefor under such rules as the district board may prescribe.

(162.) § 4794. SEC. 3. All children residing within the district between the ages of four and seven shall be entitled to instructions in the kindergarten department of such district school.

(163.) § 4795. SEC. 4. The powers and duties herein imcertain other posed or conferred upon the district shall also be and the same are hereby imposed and conferred upon the school trustees or board of education or other body, by whatever name known, managing or controlling the public schools in each city and village of this state; and this act is hereby made applicable to every public school organized by special act or by charter as fully as if they were named herein.