any of them shall fail to order an election, to attend to or shall refuse to act when present, and in all unorganized districts, and in elections to fill vacancies, the legal voters when assembled shall choose such additional members as may be necessary to act as two judges and a clerk of said election: Provided, that if upon the appointment for said election, the said directors or judges shall be of the opinion that, on account of the small attendance of voters, the public good requires it, or if the voters present, or a majority of them, shall desire it, they shall postpone said election until the next Saturday, at the same place and hour, when the voters shall proceed as if it were not an adjourned meeting. And, provided, also, that if notice shall not have been given as above required, then said election shall be ordered as aforesaid and holden on any Saturday, notice thereof being given, as aforesaid.

1, The provisions of the statute as to the manner of conducting the details of an election are not mandatory, but directory, and irregularities in conducting an election and counting the votes, not proceeding from any wrongful intent, and which deprive no legal voter of his vote and do not change the result, will not vitiate the election. Ackerman v. Haenck, 147-514.

2. A woman under the age of twenty-one is not entitled to vote at a school election. Collier v. Anlicker, 189-34.

3. A vote cast by a foreign-born woman whose husband was never naturalized, and who has not been naturalized herself, is illegal. Ibid.

4. The statutory requirements of residence of one year in the State, ninety days in the county and thirty days in the election district, apply to women voting at school elections. Ibid.

5. Persons who have not resided in the county where a school district is situated, for ninety days preceding the election for school director, are not entitled to vote. Ibid.

6. Removal for several months, when no residence is acquired, does not forfeit residence for the purpose of voting. Ibid.

7. The fact that a citizen and legal voter of this State is temporarily engaged in business in another State does not deprive him of the right to vote here. Ibid.

8. The registration law does not embrace school elections or elections other than those within its terms. Bloome v. Hograeff, 193-195.

9. If a legal voter is challenged upon some ground which does not go to his qualification as a voter, such voter is entitled to vote without making an affidavit. lbid.

10. The statute provides that whenever any person offering to vote is not personally known to the judges of election to have the qualifications of a voter, he shall make and subscribe an affidavit and furnish the affidavit of a witness in the forms given in such statute. If they refuse to permit a person to vote and require him to make an affidavit, although, as a matter of fact, he may be known to them, he is not relieved from the necessity of making the proof required by the statute. lbid.

11. If there is no difficulty in determining for whom qualified voters attempted to vote and the proper result can be reached with certainty, such votes should be counted on contest, and the entire election is not to be set aside even though the ballots cast by such voters were not allowed to be deposited in the ballot box but were placed by themselves in another receptacle, and preserved, sealed up and produced on the contest as rejected ballots.

lbid.

§ 11. In case of a tie vote, the judges shall decide it by lot on the day of election.

§ 12. Within ten days after every election of directors, the judges shall cause the poll-book to be delivered to the township treasurer, with a certificate thereon showing the election of said directors and the names of the persons elected; which poll-book shall be filed by the township treasurer, and shall be evidence of said election.

1. Ballots are the best evidence of the result of an election if it appears that they have been preserved in the manner and by the officers prescribed in the statute, and have not been so exposed to the reach of unauthorized persons as to afford a reasonable probability of their having been changed or tampered with. Collier v. Anlicker, 189-34.

2. The returns of the judges of an election cannot be accepted as conclusive of the result of an election where they show that more votes were cast than there were names on the poll-list, which is in evidence, since such fact shows a failure on the part of the judges to comply with the election law. Ibid.

3. If the evidence is such as to discredit, to some extent, both the ballots and the returns, the true result must be determined both from the returns and the ballots and all the circumstances in the case. lbid.

§ 13. In case of a union district, made up of parts of two or more townships, the poll-books shall be returned to the township treasurer who receives the tax money for said district.

§ 14. For a failure to deliver the poll-book within the time prescribed, the judges shall be liable to a penalty of not less than twenty-five (25) dollars nor more than one hundred (100) dollars to be recovered in the name of the People of the State of Illinois, by action of assumpsit, before any justice of the peace of the county, which penalty, when recovered, shall be added to the township school fund of the township.

§ 15. The directors, within ten days after the annual election of the directors, shall meet and organize by appointing one of their number president, and another of their number clerk of such board of directors.

1. The statute requires an annual reorganization, and the intention of the statute, is that the board organized for the school year shall exercise the powers and control the schools of their district during that year. Davis v. School Directors, 92-293.

2. It becomes manifest that if, just before the school year ends, two directors were to employ teachers and make all contracts of every kind for the ensuing year, against objections of the other director, and one of those making such contract should not be re-elected, and his successor was opposed to all of the contracts thus made, the school and the affairs of the district would, during the year, be governed and controlled by but one director. To suffer such contracts to be made would take the control of the affairs of the district from the board organized and empowered to control the schools of the district, and thus by this means thwart the object and evident intent of the statute. Ibid.

§ 16. Two directors shall be a quorum for business.

1. Where an honest and reasonable effort has been made to notify the absent director, though unavailing, the other two may legally act. School Directors v. Sprague, 78A-390; Adkins v. Mitchell, 67-511.

§ 17. The clerk of such board of directors shall keep a record of all the official acts of the board in a well bound book provided for that purpose, which record shall be signed by the president and

clerk, and shall be submitted to the township treasurer for his inspection and approval on the first Mondays of April and October, and at such other times as the township treasurer may require.

1. The statute does not make the record kept by the clerk the only evidence of the action of the directors, and unless the law expressly and imperatively requires all matters to appear of record, and makes the record the only evidence, parol proof is admissable to prove things omitted to be stated on the record. School Directors v. Kimmel, 31A-537.

§ 18. The board of directors shall hold regular meetings at such times as they may designate; and they may hold special meetings as occasion may require, at the call of the president or any two members.

§ 19. No official business shall be transacted by the board except at a regular or special meeting.

1.

Under this section a board of directors has no power to employ a teacher except at a regular or special meeting, convened and held as required by law. School Directors v. Jennings, 10A-643; Stewart v. School Directors, 24A-229; Robinson v. School Directors, 96A-604.

2. Where there is no formal notice of a meeting, but the directors agree to meet the morning of a certain day, that is sufficient. If there was an agreement of all the directors to meet, no formal notice was necessary. Olney School District v. Christy, 81A-304.

3. The statute provides that no official business of the board shall be transacted except at a regular or special meeting. Yet where the directors meet specially for the purpose of considering the matter of hiring a teacher, the fact that they proceeded informally and make no record, should not affect the validity of what they do, so far as the teacher is concerned. Pollard v. School District, 65A-104; Robinson v. School Directors, 96A-604.

4. A regular meeting is one held at a designated time, but a special meeting may be held as occasion may require, on the call of the president or of two members. No business can be transacted unless at a regular or special meeting, but a special meeting may be held on call. It is not provided what notice shall be given in a case of a special meeting, and the law would imply reasonable notice. Plainly the object of this provision is that every member may be notified when business will be in order. People v. Frost. 32A-242.

5. Reasonable notice would be necessary to require attendance at a special meeting, yet if the notice were unduly short, and the members so notified chose to waive the objection, they might do so and the meeting would be good; and so if the members all came together with no previous intention of transacting business, it would be competent for them, upon suggestion and by mutual agreement, to proceed to hold a meeting and transact any official business they might deem necessary. Ibid.

6. It is a matter of common knowledge, that formerly persons would call on the directors severally and procure contracts purporting to bind the district without the joint or concurrent action of the members constituting the board. To correct this evil, section 19, article 5 was enacted, providing that no business should be done by the board of directors, except at a regular or special meeting. But the language of this section does not have reference to the particular manner in which special meetings may be called, but as a prohibition upon doing business by the members of the board of directors, unless a meeting is assembled. Lawrence v. Traner, 136-474.

§ 20. If the president or clerk be absent from any meeting, or, being present, refuses to perform his official duties, a president or clerk pro tempore shall be appointed.

§ 21. The clerk of each board of school directors shall report to the township treasurer or treasurers of the proper township or townships, immediately after the organization of the board, the names of the president and clerk of such board.

§ 22. On or before the seventh day of July, annually, the clerk of each board of directors shall report to the township treasurer having the custody of the funds of such district, such statistics and other information in relation to the schools of his respective district as the township treasurer is required to embody in his report to the county superintendent, and the particular statistics to be so reported shall be determined and designated by the State Superintendent of Public Instruction, or by the county superintendent.

§ 23 No director shall be interested in any contract made by the board of which he is a member.

1. Where bonds are issued by a board of directors, and a portion of them are sold to members, such bonds are void and a tax cannot be legally levied to pay interest thereon; the directors have no power to purchase them from a board of which they are members, and a tax levied to meet the interest on them may be enjoined. Sherlock v. Winnetka, 59-390; Sherlock v. Winnetka, 68-530; Hewett v. Board of Education, 94-528.

2. The statute absolutely prohibits a director from being interested in any contract made by the board of which he is a member. This embraces every contract, whether express or implied, by virtue of which money may be drawn from the treasurer; and it cannot be evaded by appropriations or payments from the treasurer for labor performed, or materials furnished for the benefit of the district, on the pretext they were performed or furnished without any contract, but being beneficial to and enjoyed by the districts, should be paid for as a matter of justice. Both the letter and the spirit of the law forbid that directors shall, in any wise, whether directly or indirectly, open or covertly, become interested in demands or claims, originating while they are directors, to be satisfied by payments from the funds of their districts; and this construction must be rigidly enforced by the courts, without regard to the moral or equitable considerations that may urge a different policy in particular cases. School Directors v. Parks, 85-338.

§ 24. No director shall be interested in the sale, proceeds or profits of any book, apparatus or furniture used or to be used in any school in this State with which he may be connected.

§ 25. Any person offiending against the provisions of the two preceding sections shall be liable to indictment, and upon conviction, shall be fined in any sum not less than twenty-five (25) dollars and not more than five hundred (500) dollars, and may be imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court.

§ 26. It shall be the duty of the board of directors of each district

First At the annual election of directors to make a detailed report of their receipts and expenditures to the voters there present, and transmit a copy of such report to the township treasurer within five days from the time of said election.

Second-To report to the county superintendent within ten days after their employment, the full names of all persons employed as teachers, the date of the beginning and the end of their contract.

Third-To provide for the necessary revenue to maintain free schools in their district in the manner provided for in article 8 of this act.

Fourth-When a district is composed of parts of two or more townships, the directors shall determine and inform the collectors of said townships, and the collector or collectors of the county or counties in which said townships lie, in writing, under their hands as directors which of the treasurers of the townships from which their district is formed shall demand and receive the tax money collected by the said collector as aforesaid.

Fifth-To establish and keep in operation for at least one hundred and ten (110) days of actual teaching in each year, without reduction by reason of closing schools on legal holidays, or for any other cause and longer, if practicable, a sufficent number of free schools for the accommodation of all children in the district over the age of six (6) and under twenty-one (21) years, and shall secure for all such children the right and opportunity to an equal education in such free schools.

1. If any child is actually dwelling in any school district so that some person there has the care of it, and it is within the school age, and not incapable by reason of physical infirmity, of attending school, and is not instructed elsewhere, then that child must go to the public school. Board of Education v. Lease, 64A-60.

Sixth-To adopt and enforce all necessary rules and regulations for the management and government of the schools.

2. The directors undoubtedly have the power to make and cause to be enforced all reasonable rules and regulations for the government of schools in their respective districts. What are reasonable rules, is a question of law for the court, to be determined in view of the facts in each particular case. Thompson v. Beaver. 63-357; Roberson v. Trouett, 17A-386.

3. Under the power to prescribe necessary rules and regulations for the management and government of the school, the board of directors may, undoubtely, require classification of the pupils with respect to the branches of study they are steadily pursuing, and with respect to proficiency or degree of advancement in the same branches; and that there shall be prompt attendance, diligence in study, and proper deportment. Trustees of Schools v. The People, 87-303.

4. In the performance of their duty in carrying the law into effect, the directors may prescribe certain rules and regulations for the government of the schools in their district, and enforce them. But all such rules and regulations must be reasonable. The law having conferred upon each child of proper age the right to be taught the enumerated branches, any rule or regulation which, by its enforcement, would tend to hinder or deprive the child of this right cannot be sustained. All rules must be adapted to the promotion and accomplishment of this grand and paramount object of the law. Rulison v. Post, 79-567.

5. While school directors and board of education are invested with power to establish, provide for, govern and regulate public schools. they have no authority to exclude children from the public schools on the ground that they refuse to be vaccinated, unless, indeed, in cases of emergency, in the exercise of the police power, it is necessary, or reasonably appears to be necessary, to prevent the contagion of small-pox. Potts v. Breen, 167-67; School Directors v. Breen, 60A-201, affirmed.

6. Children infected with or exposed to small-pox may be temporarily excluded or the school temporarily suspended; but such power is justified by emergency, and, like the necessity which gives rise to it, ceases when the