6. Where a special charter makes it the duty of a board of directors to establish a system of graded schools, such directors have the authority to appoint a superintendent of the graded schools of such city, and pay him a reasonable salary for his services. Where there are ten teachers in different rooms, and over 800 pupils, a general superintendent is necessary to the working of the system, and the power to appoint and pay this officer must be considered as given by necessary implication. Spring v. Wright, 63-90.

Eighth-To lay off and divide the district into sub-districts, and from time to time alter the same, create new ones and consolidate them.

7. A board of education has power to lay off and divide the district into sub-districts, alter the same from time to time, and assign pupils to the several schools. People v. Board of Education, 26A-476.

Ninth To visit all the public schools as often as once a month to inquire into the progress of scholars and the government of the schools.

Tenth-To prescribe the method and course of discipline and instruction in the respective schools, and to see that they are maintained and pursued in the proper manner.

8. This provision is not as comprehensive as the provision empowering boards of directors to prescribe what branches of study shall be taught and what text books and apparatus shall be used in the several schools, and is not intended to supersede clause 9, section 26, article 5. People v. Board of Education, 175-9.

Eleventh-To expel any pupil who may be guilty of gross disobedience or misconduct. No action shall lie against them for such expulsion.

9. The common schools are provided and maintained by taxation, their benefits are rightly to be enjoyed by all, and one who is improperly excluded sustains an injury which the law will redress. But the enjoyment of the right thus furnished by the State at public expense is necessarily conditioned upon that degree of good conduct on the part of each that is indispensable to the comfort and progress of others. Board of Education v. Helston, 32A-300.

Twelfth-To dismiss and remove any teacher whenever, in their opinion, he or she is not qualified to teach, or whenever, from any cause, the interests of the schools may, in their opinion, require such removal or dismissal.

10. The causes for removal and dismissal mentioned in this clause, are made to depend on the opinion of the board of education, and to emphasize such fact the phrase in their opinion, is used twice in the alternatives mentioned in the statutes. When the teacher is dismissed and the reason therefor springs out of his own conduct, and the directors so charge, it is essential that some other person than the contracting parties should be arbiters in the matter; but when the dismissal is dependent on a cause that the board of education in their opinion may entertain, the teacher has no remedy in case of dismissal, at least as long as the board of education exercises the power in good faith. Board of Education v. Stotlar, 95A-250.

11. The teacher stands precisely in the position that he would have stood in had he made a contract to teach as long as his services were satisfactory to the board of education. This clause uses the words dismissal and removal. The word removal implies some personal dereliction of duty. The word dismissal means termination, from whatever cause. Ibid.

12. Where a contract does not provide by its terms that a board of education would be discharged from compliance with its terms by reason of the destruction of the school house, the discharge of either party to the contract

would not result as a matter of law because of the destruction of such building. Neither would the board of education be discharged from liability on its contract by reason of the destruction of the school house, and its inability to secure another building. If either party is to be discharged for such cause, the contract should so provide. Corn v. Board of Education, 39A-446. Thirteenth-To apportion the scholars to the several schools.

Fourteenth-To establish and promulgate all such by-laws, rules and regulations for the government and the establishment and maintenance of a proper and uniform system of discipline in the several schools as may, in their opinion, be necessary.

Fifteenth-To take charge of the school houses, furniture, grounds and other property belonging to the district, and see that the same are kept in good condition, and not suffered to be unnecessarily injured or deteriorated:

Sixteenth-To provide fuel and such other necessaries for the schools as, in their opinion, may be required in the school houses, or other property belonging to or under the control of the district.

Seventeenth-To appoint a secretary and provide well-bound books at the expense of the school tax fund, in which shall be kept a faithful record of all their proceedings.

13. A board of education may order the clerk to amend the record of a previous meeting to show the facts although the personnel of the board has changed, as the authority for such amendment does not rest upon the personal recollection of the members of the board, but upon the knowledge of the clerk, or such files, minutes or memoranda as put him in possession of knowledge of what transpired at such meeting. Board of Education v. Trustees of Schools, 174-510.

Eighteenth-To annually prepare and publish in some newspaper, or in pamphlet form, a report of the number of pupils instructed in the year preceding, the several branches of study pursued by them, of the number of persons between the ages of twelve and twenty-one unable to read and write, and the receipts and expenditures of each school, specifying the source of such receipts and the objects of such expenditures.

§ 11. In all questions involving the expenditure of money, the yeas and nays shall be taken and entered on the records of the proceedings of the board.

§ 12. None of the powers herein conferred upon boards of education shall be exercised by them, except at a regular or special meeting of the board.

§ 13. All conveyances of real estate shall be made to the township trustees in trust for the use of schools, and no conveyance of any real estate or interest therein used for school purposes, or held in trust for schools, shall be made except by the board of trustees, upon the written request of such board of education.

§ 14. All money raised by taxation for school purposes, or received from the State common school fund, or from any other source for school purposes, shall be held by the township treasurer as a special fund for school purposes, subject to the order of the board of education, upon warrants signed by the president and secretary thereof.

1. A board of education elected under the act, approved June 2, 1891, authorizing municipalities managing free schools under special charters to elect boards of education having the powers provided for such boards under the general law, has no power to appoint a treasurer of the school fund, and the custody of such funds belongs to the township treasurer. People v. Board of Education, 166-388.

§ 15. Any city, incorporated town, township or district in which free schools are now managed under any special act, may, by vote of its electors, cease to control such schools under such special act, and become part of the school township in which it is situated, and subject to the control of the trustees thereof, under and according to the provisions of this act. Upon petition of fifty voters of such city, town, township or district, presented to the board having control and management of schools in such city, town, township or district, it shall be the duty of such board, at the next ensuing election to be held in such city, town, township or district, to cause to be submitted to the voters thereof, giving not less than fifteen days' notice thereof, by posting not less than five notices in the most public places in such city, town, township or district, the question of "Organization under the Free School Law;" which notice shall be in the following form, to-wit:

Public notice is hereby given that on the.. ...an election will be held at..

.day of..... A. D. .between the hours of

.M. and..............M. of said day for the purpose of deciding the question of "Organization under the Free School Law."

§ 16. If it shall appear on a canvass of the returns of such election, that a majority of the votes cast at such election are "For Organization under the Free School Law." then at the next ensuing regular meeting of the board of trustees of the township or townships in which such city, incorporated town, township or district is situated, said trustees shall proceed to redistrict the township or townships as aforesaid, in such manner as shall suit the wishes and convenience of a majority of the inhabitants in their respective townships, and to make a division of funds and other property in the manner provided for by section 63 of article 3 of this act, and on any Saturday thereafter there shall be elected, in each of the new districts so formed, a director, directors or board of education, as the case may be, in the manner provided for in section 6 of article 5 of this act, and thereafter such districts shall proceed as other districts under this act, but all subsequent elections of directors or boards of education shall be conducted as provided in sections 5 and 8 of article 5 of this act.

1. It will be seen on examination that article 6 of the school law relates to school districts in incorporated cities, towns and villages, and provides for their organization and government in a manner, in certain respects, peculiar to themselves. It declares that all such school districts, except those existing under special acts, shall remain parts of the school townships in which they are respectively situated, and subject to the general provisions of the law applicable to such townships, but provides for their government by boards of education instead of school directors. Sections 15 and 16 of said article relate to districts existing under special acts, and provide a mode by which those districts may abandon their special organization and become re-organized under the general law. People v. Ricker, 142–650.

2. It is plain that these sections govern in all proceedings by districts organized under special charters to abandon their organization and become organized under the general law. They prescribe the mode by which such re-organization shall be effected, and the conditions upon which the township trustees may acquire jurisdiction to re-district their townships. Upon petition of 50 voters of the district, it becomes the duty of the board of education, or other district authorities, as to which they have no discretion, to submit the question to the voters of the district, and their vote being in favor of such organization under the general law, the trustees are not only empowered, but it becomes their imperative duty to re-district their township, the only limitation upon their power in that behalf being that the re-districting shall be made in such manner as shall suit the wishes and convenience of a majority of the inhabitants of the township. Ibid.

3. No petition of the citizens of the township, or of the districts to be affected, is required, the authority of the trustees to act being based solely upon the result of the election held in the district existing under the special act upon the question of organizing under the general law. No mode is prescribed by which the trustees may ascertain the wishes or convenience of a majority of the inhabitants of the township, and it necessarily follows that those matters are left to their official judgment and discretion. Ibid.

4. The provisions of sections 47 and 48 of article 3 have no application. They clearly relate to a different subject matter. Section 46, article 3, provides that, in case of newly organized townships, the trustees of schools shall lay the township off into one or more school districts, to suit the wishes or convenience of a majority of the inhabitants of the township. Section 47 then provides that, where such division of a township into districts has been made, the trustees may, in their discretion, at their regular April meeting, when petitioned as provided in section 48, change such districts as lie wholly within their townships. Ibid.

5. Sections 47 and 48, article 3, clearly relate to those ordinary changes in the school districts of a township already fully organized under the school law which from time to time become necessary in order to meet the wishes or convenience of the inhabitants of the various districts, but they have nothing to do either with the original organization of the township into school districts or to the re-organization which becomes necessary when a portion of the township previously organized into a district under a special act, abandons its special organization and becomes, for the first time, for school purposes, a part of the township. Ibid.

§ 17. In cities having a population exceeding 100,000 inhabitants, from and after this act shall take effect, the board of education shall consist of 21 members, to be appointed by the mayor, by and with the advice and consent of the common council, seven of whom shall be appointed for the term of one year, seven for the term of two years, and seven for the term of three years: Provided, however, that in such cities wherein there is now a board of education, holding their office by appointment, such officers shall continue in office until the time at which their terms would have expired under the law in force at the time of their appointment. At the expiration of the term of any members of said board, their successors shall be appointed in like manner and shall hold their office for the term of three years. Any vacancy which may occur shall be filled by the appointment of the mayor with the approval of the common council, for the unexpired term: And, provided, further, that from and after this act shall take effect there shall be appointed by the mayor, by and with the advice and consent of the common council,

six members, two of whom shall be appointed for the term of one years, two for the term of two years, and two for the term of three years. (As amended by act approved June 22, 1891.)

1. The board of education, like all municipal bodies, has only such powers as are expressly given to it, or as result by fair implication from the powers granted. Harris v. Kill, 108A-305.

2. The General Assembly, by an enactment entirely distinct from the act under which the city became incorporated, selected the city as an agency of the State to aid in the general administration of the State government in the particular matter of providing a thorough system of free schools, in compliance with the requirements of the State Constitution. Kinnare v. City of Chicago, 171-332.

3. The school law of 1872 did not create the board of education of the city of Chicago, but recognized its then present existence, and changed and enlarged, in many respects, its powers and duties, but continued, as did the subsequent act of 1889, its dependence, in many important matters, upon the city council. It seems clear that the board of education is still connected with, dependent upon, and to some extent a part of, the municipal government of that city. Brenan v. The People, 176–620.

4. When the city of Chicago was under its special charter, the board of education was one of the departments of the city government. The incorporation of the city under the general law did not abrogate the provisions of its former special charter, under which the board of education existed as such department, nor are such provisions, or the former general laws relating to the board of education, repealed by implication by the city and village act, or the general school law of 1872, or their subsequent amendments, so as to change the status of the board as a municipal agency. Ibid.

5. The statutes in force have committed the public schools in the city of Chicago to the control and management of the board of education. The instant any territory becomes part of the city, all public schools within that territory fall under the jurisdiction of said board, not by force of any express provisions of the annexation law, but by force of the existing statute which has committed all schools in the city to the jurisdiction of said board. McGurn v. Board of Education, 133-122; Cravener v. Board of Education, 133145.

6. In cities of the class to which Chicago belongs, the entire supervision and control over all the public schools of the city is, by the provisions of the school law, committed to the board of education of the city. This jurisdiction is necessarily exclusive. It follows that whenever territory in which there is an organized school district and one or more public schools is annexed and thereby brought into the city, the jurisdiction of the board of education immediately attaches. lbid.

7. The board of education is a corporation or quasi corporation created, nolens volens, by the general law of the State to aid in the administration of the State government, and, charged as such, purely governmental in character. It owns no property, has no private interests, and derives no special benefits from its corporate acts. It is simply an agency of the State, having existence for the sole purpose of performing certain duties, deemed necessary to the maintenance of an efficient system of free schools, within the particular locality in its jurisdiction. Kinnare v. City of Chicago, 171–332.

8. The board of education of the city of Chicago is a public corporation, created by legislative authority as an agency of the State for the purpose of maintaining public schools and school buildings within that subdivision of the State. For the purpose of that function it receives from the tax payers and holds as a trustee the school fund, and is bound to administer it for the benefit of the beneficiaries of the trust. The tax payers are in equity the owners of the fund, and the board can only hold and apply it to the legitimate purposes of the trust. The law is established, beyond doubt or controversy, that a bill to enjoin public officers so situated from misappropriating the fund in their charge is a proper remedy for a tax payer. Courts of chan