4537. Appeals from Township Trustees. 164. Appeals shall be allowed from decisions of the [Township] Trustees relative to school matters to the County Superintendents, who shall receive and promptly determine the same according to the rules which govern appeals from Justices of the Peace to Circuit Courts, so far as such rules are applicable; and their decisions of all local questions relating to the legality of school meetings, establishment of schools, and the location, building, repair, or removal of school-houses, or transfers of persons for school purposes, and resignation and dismissal of teachers, shall be final.

1. The County Superintendent has no power, on appeal, to require a school-house to be erected on land not belonging to the township.— Koontz v. State, 44 Ind. 323; State v. McWhinney, 67 id. 397.

2. After the location has been fixed by the County Superintendent on appeal, the Township Trustee may change it, subject to appeal. But if there be no subsequent change after the County Superintendent has determined upon the location, the Trustee may be compelled, by mandate, to execute the order.- Trager v. State, 21 Ind. 317.

4538. Appeals from County Superintendent. 165. Appeals shall be allowed from the decisions of County Superintendents to the Superintendent of Public Instruction, on all matters not otherwise provided for in the next preceding section; and the rules that govern appeals from Justices of the Peace to the Circuit Courts, as to the time of taking an appeal, giving bond, etc., shall be applicable in appeals from County Superintendents to the Superintendent of Public Instruction.

4539. Oaths. 166. School officers are hereby authorized and empowered to administer all oaths relative to school business appertaining to their respective offices.

[1881 S., p. 718. In force September 19, 1881.]

4540. Women eligible to school offices. 1. Any woman, married or single, of the age of twenty-one years and upwards, and possessing the qualifications prescribed for men, shall be eligible to any office under the general or special school laws of this State.

4541. Bond binding. 2. Any woman elected or appointed to any office under the provisions of this Act, before she enters upon the discharge of the duties of the office, shall qualify and give bond as required by law; and such bond shall be binding upon her and her securities.

4494. Uniformity as to time. This section only requires the schools in the township to be taught an equal length of time so nearly as the same can be done. Wherefore, it is not sufficient, in an action on the claim of a teacher for services, affirmatively to answer that a former trustee, who had employed such teacher, had caused schools to be taught in the district for two months longer, during two years, than in the eight other districts in the township.- Harmony S. Tp. v. Moore, 80-278.

4496. Colored children. A township trustee will not be required, by mandate, to establish separate schools for colored children, unless it be shown to be practicable. Nor will he be required to make separate lists of such children, under this section, unless such separate school be practicable; ex. gr., six, or more, colored children scattered over a township, without a sufficient number to constitute a school within attending distance in any one neighborhood, will not authorize the interposition of courts to compel the organization of a separate school.— State v. Grubb, 85-216.

2. The constitutionality of this section is settled.-State v. Gray, 93-305; State v. Grubb, 85-213; Cory v. Carter, 48-327. The discretion given to establish separate schools for colored children can not be controlled by courts, in the absence of malice or corruption. Nor can courts compel the admission of a child to a school already over crowded, or consider the competency of teachers or the necessity of graded school, or determine the grade to which a child is entitled to be admitted.-State v. Gray, 93-305.

SEC.

ARTICLE 11 - COMPULSORY EDUCATION.

4541a. Compulsory education.

4541b. Board of truancy-Truant officer.
4541c. Truant officer in towns and cities.
4541d. Pay of truant officer.
4541e. Reports to school officers.
4541f. Indigent children.

SEC.

4541g. Incorrigible children.
4541h. Home for truants.
45411. Tax levy.

4541j. Enumerators, duties and powers.
4541k. Names furnished truant officers.

[1901 S., p. 470. Approved March 11, 1901.]

4541a. Compulsory education. 1. That, every parent, guardian, or other person in the State of Indiana, having control or charge of any child or children between the ages of seven (7) and fourteen (14) years, inclusive, shall be required to send such child or children to a public, private or parochial school or to two or all [more] of these schools, each school year, for a term or period not less than that of the public schools of the school corporation where the child or children reside: Provided further, That no child in good mental and physical condition shall for any cause, any rule or law to the contrary, be precluded from attending schools when such school is in session.

This act repeals sections 4541a to 4541j Horner's R. S. 1897, on the same subject, the same being 1897 S., p. 248.

4541b. Board of truancy Truant officer. 2. The County Board of Education of each county shall constitute a Board of Truancy whose duty it shall be to appoint on the first Monday in May of each year one truant officer in each county. The truant officer shall see that the provisions of this act are complied with, and when from personal knowledge or by report or complaint from any resident or teacher of the township under his supervision, he believes than any child subject to the provisions of this act is habitually tardy or absent from school, he shall immediately give written notice to the parent, guardian, or custodian of such child that the attendance of such child at school is required and if within five (5) days such parent, guardian or custodian of said child does not comply with the provisions of this section, then such truant officer shall make complaint against such parent, guardian or custodian of such child in any court of record for violation of the provisions of this act: Provided, That only one notice shall be required for any child in any one year. Any such parent, guardian or custodian of child who shall violate the provisions of this act shall be adjudged guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00), to which may be added, in the discretion of the court, imprisonment in the county jail not less than two nor more than ninety days.

4541c. Truant officers in towns and cities. 3. A city having a

school enumeration of five thousand or more children, or two or more cities and towns in any county having a combined school enumeration of five thousand or more, may, in the discretion of the County Board of Truancy, constitute a separate district for the administration of this act. Cities containing a school enumeration of ten thousand children or less shall have but one truant officer. Cities containing a school enumeration of more than ten thousand and less than twenty thousand children shall have two truant officers. Cities containing a school enumeration of twenty thousand and less than thirty thousand children shall have three truant officers. Cities containing a school enumeration of thirty thousand and less than forty thousand children may have four truant officers. Cities containing a school enumeration of more than forty thousand children may have five truant officers to be selected by the Board of School Commissioners, The truant officers of cities and such separate districts shall enforce the provisions of this act in the manner and under such penalties as are prescribed by Section 2 of this act. Truant officers of cities mentioned in this section shall be appointed by the Board of School Trustees or Board of School Commissioners respectively of the city.

4541d. Pay of truant officer. 4. The truant officers provided for in this act shall receive from the county treasurer two [dollars] ($2) for each day of

actual service, to be paid by the County Treasurer upon warrant signed by the County Auditor: Provided, That no County Auditor shall issue a warrant on the county treasury for such service until the truant officer shall have filed an itemized statement of time employed in such service; and such statement shall have been certified to by the superintendent or superintendents of schools of the corporation or corporations in which such truant officer is employed and such claim shall have been allowed by the Board of County Commissioners: Provided, further, That no truant officer shall receive pay for more days than the average length of school term, in the county, cities or towns under his supervision.

4541e. Reports to school officers. 5. All school officers and teachers are hereby required to make and furnish all reports that may be required by the Superintendent of Public Instruction, by the Board of State Truancy or the truant officer, with reference to the workings of this act.

4541f. Indigent children. 6. If any parent, guardian or custodian. of any child or children is too poor to furnish such child or children with the necessary books and clothing with which to attend school, then the School Trustee of the township, or the Board of School Trustees or Commissioners of the city or incorporated town where such parent, guardian or custodian resides shall furnish temporary aid for such purpose, to such child or children, which aid shall be allowed and paid upon the certificate of such officers by the Board of County Commissioners of said County. Such Township Trustee, or Board of School Trustees, or Commissioners shall at once make out and file with the Auditor of the county a full list of the children so aided, and the Board of County Commissioners at their next regular meeting, shall investigate such cases and make such provision for such child or children as will enable them to continue in school as in'tended by this act.

4541g. Incorrigible children. 7. School Commissioners, Trustees and Boards of Trustees are empowered to maintain, either within or without the corporate limits of their corporations, a separate school for incorrigible and truant children. Any child or children who shall be truant or incorrigible may be compelled to attend such separate school for an indeterminate time.

4541h. Parental home for truants. S. Any child who absents itself from school habitually may be adjudged a confirmed truant by the truant officer and superintendent of the schools of the county or city. Such confirmed truant may be sentenced by the Judge of the Circuit Court to the Reform School for Boys, if a boy, or the Industrial School for Girls, if a girl, provided its age is within the limits set for admission to such institution. If deemed advisable by said Judge, such incorrigible child or children may be sent to such other custodial institution within the State as may be designated by him. For its maintenance in such custodial institution, the 'school corporation in which it resides shall pay at the legal rate for supporting dependent children, twenty-five cents (25c.) per day, with such expenses of transportation as are necessary.

4541i. Tax levy. 9. For the defraying of the increased expendi

ture necessary for the carrying out of the purposes of this act Trustees of school townships, Boards of School Trustees or Commissioners of cities and towns and Boards of School Commissioners are hereby empowered to levy in addition to any and all sums heretofore provided by law, any amount of special school revenue not exceeding ten (10) cents on the hundred (100) dollars of taxable property, such taxes to be levied and collected as all other special school revenue.

4541j. Enumerators, duties and powers. 10. In order that the provisions of this act may be more definitely enforced it is hereby provided that the enumerators of school children in taking the annual school census shall ascertain and record the place and date of birth of every child enumerated, and the parent, guardian or custodian of such child shall subscribe and take oath or affirmation that such record is true. The enumerator is hereby empowered to administer such oath or affirmation, and any parent, guardian or custodian of any child who shall refuse to take such oath or affirmation shall be adjudged guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not less than one dollar ($1.00).

4541k. Names furnished truant officers. 11. On the first day of school the Trustees, Boards of Trustees, or Commissioners of school corporations, shall furnish the truant officer with the names of the children of compulsory age who are enumerated on the regular enumeration lists. These names shall be alphabetically arranged and shall give all the information contained in the regular enumeration returns. The County Commissioners shall provide necessary postage and such blanks as may be required by the State Board of Truancy or the State Superintendent of Public Instruc

[1865 S., p. 140. In force December 20, 1865.]

4542. Established. 1. There shall be established and maintained, as hereinafter provided, a State Normal School, the object of which shall be the preparation of teachers for teaching in the common schools of Indiana.

4543. Trustees-Corporate 'name. 2. In order to the establishment and maintenance of such a school, the Governor shall appoint, subject to the approval of the Senate, four competent persons, who shall, in themselves and in their successors, constitute a perpetual body corporate, with power to sue and be sued, and to hold in trust all funds and property which may be provided for said Normal School, and who shall be known and designated as the Board of Trustees of the Indiana State Normal School." The Superintendent of Public Instruction shall be, ex officio, a member of this board.

4544. Term of office - Vacancies. 3. Two members of this board shall retire, as may be determined by lot or otherwise, in two years after their appointment, and the remaining two in four years; whereupon, the Governor, subject to the approval of the Senate, shall appoint, as aforesaid, their successors for a period of four years. All vacancies occuring in said board from death or resignation shall be filled by appointments made by the Governor.

4545. Organization - Officers. 4. Said board of trustees shall meet on the second Tuesday in January, 1866, at the office of the Superintendent of Public Instruction, and shall organize, by electing one of its number president and one secretary, each for a term of two years; and, at this or at a subsequent meeting, it shall elect some suitable person, outside of its number, as treasurer, who shall, before entering on duty, give bond in such sum as it may prescribe.

4546. Donations. 5. Said board shall, at its first meeting, open books to receive, from different parts of the State, proposals for donations of grounds and buildings, or funds for the procuring of grounds and erection of buildings, for said Normal School. Also, it may, if deemed needful, at this or a subsequent meeting, appoint one of its number, or other competent person, to visit different parts of the State and explain the nature and object of said Normal School, and to receive proposals of donations of buildings and grounds or of funds for the same.

4547. Location. 6. Said board shall locate said school at such place

as shall obligate itself for the largest donation: Provided, first, That said donation shall not be less in cash value than fifty thousand dollars; second, That such place shall possess reasonable facilities for the success of said school.

1. An Act of 1867 (p. 177) appropriated fifty thousand dollars out of the common school library fund and State Treasury in aid of the erection of the buildings, with a condition precedent that no part thereof should be paid until the city of Terre Haute had vested in the board of trustees of the Normal School the title to the land donated by her as a site for the school, by a good and sufficient deed in fee-simple, and had also bound herself, by an agreement filed with the Auditor of State, to forever maintain one-half of the necessary repairs incident to keeping the buildings and grounds in proper order.

4548. Contract for building. 7. Said board shall, immediately after the selection of place of location, proceed to let a contract or contracts for the erection of a building to the lowest responsible bidder: Provided, That no member of the board be a contractor for building or for furnishing any material therefor.

4549. Model school. 8. Said board shall organize, in connection with the Normal School, in the same building with the Normal School or in a separate building, as it shall decide, a Model School, wherein such pupils of the Normal School as shall be of sufficient advancement shall be trained in the practice of organizing, teaching, and managing schools.

4550. Duty of trustees. 9. Said board shall prescribe the course of study for the Normal School; shall elect the instructors and fix their salaries; and shall determine the conditions, subject to limitations hereinafter specified, on which pupils shall be admitted to the privileges of the school.

4551. Conditions of admission. 10. The following conditions shall be requisite to admission to the privileges of instruction in the Normal School:

First. Sixteen years of age, if females, and eighteen, if males.
Second. Good health.

Third. Satisfactory evidence of undoubted moral character.

Fourth. A written pledge on the part of the applicant, filed with the principal, that said applicant will, so far as may be practicable, teach in the common schools of Indiana a period equal to twice the time spent as a pupil in the Normal School; together with such other conditions as the board may, from time to time, impose. 4552. Tuition free. II. Tuition in the Normal School shall be free to all residents of Indiana who fulfill the four conditions set forth in the preceding section, and such other conditions as the board may require. 4553. Principle of management. 12. A high standard of Christian morality shall be observed in the management of the school, and, as far as practicable, be inculcated in the minds of the pupils; yet no religious sec tarian tenets shall be taught.

4554. Report. 13. Said board of trustees shall, biennially, make a report to the Legislature, setting forth the financial and scholastic condition of the school; also making such suggestions as, in their judgment, will tend to the improvement of the same; and in the years in which there is no session of the Legislature, it shall make a report of the scholastic condition of the school to the Governor, on or before the first Monday in January.