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districts of the third class, the number of trustees shall be three. In school districts having a population of over 20,000 people, any trustee at the time of the passage of this Act, save those who are serving by appointment to fill vacancies, shall continue to hold for the term of two years from the third Saturday in the month of April of the year in which they were elected, and those filling vacancies until the third Saturday in April, 1899, and at all subsequent elections one or more trustees as the case may be must be elected, who shall each serve for a term of two years or until their successors are elected or appointed and shall have qualified. A vacancy in the office of school trustee must be filled by appointment by the County Superintendent of Schools, subject to confirmation by a majority of the remaining members of said Board, if those remaining constitute a majority of the total of said Board.

Section 2. That Section 1773 of the Political Code of Montana, as the same is now in force after amendment by an Act approved March 6th. 1897, be, and the same is, hereby amended so as to read as follows:

"Section 1773. The Board of County Commissioners shall, at least thirty days before the annual election of school trustees, by an order entered upon the minutes of their meeting, designate and establish a suitable number of polling places, and create an equal number of election precincts to correspond, and define the boundaries thereof."

Section 3. That Section 1787 of the Political Code of Montana, as the same is now in force after an amendment by an Act approved March 6th. 1897, be and the same is, hereby amended so as to read as follows:

Section 1787. Every School Trustee in a district of the first class, provided said District shall have a population not less than twenty thousand, shall give an official bond in the sum of ten thousand dollars, for the faithful discharge of his or her duties, which bond shall be approved by the District Judge and filed with the County Clerk, and every such trustee shall be entitled to receive out of the school funds of the district the sum of four dollars for each meeting of trustees, which he or she shall attend in giving the necessary attention to school business, not exceeding however one meeting each week, and he or she shall receive no compensation for his attendance at any meeting unless he or she attends throughout its entire session. The compensation

here provided shall be audited and allowed by the Board of Trustees and enetred upon their records.

Section 4. That Section 1793 of the Political Code of the State of Montana, be, and the same is, hereby amended so as to read as follows:

"Section 1793. The School Trustees shall meet annually on the third Saturday in April, and organize by choosing one of their number chairman, and a competent person, not a member of the Board as Clerk. In districts of the first class, the clerk before entering upon the duties of his office, shall be required to give an official bond in the sum of ten thousand dollars conditioned for the faithful performance of his duties and to be approved and filed as other official bonds."

Section 5. That Section 1794 of the Political Code of the State of Montana be, and the same is, hereby amended so as to read as follows:

Section 1794. The Board shall hold, in districts of the first class, at least one and not more than five meetings each month, for the transaction of its business; and in all districts at least four meetings each year shall be held, to-wit: On the third Saturdays of April, July, October and January at such places and hours as shall be fixed by the Board. A special meeting of the Board may be held upon the call of the chairman, or of any two members of the board. At least forty-eight hours written notice shall be given to each member of the Board of any special meeting, and no business transaction by the Board shall be valid unless transacted at a regular or special meeting thereof.

Approved March 3rd, 1899.

SUBSTITUTE FOR HOUSE BILL NO. 69.

An Act to Establish County Free High Schools and to Provide for their maintenance.

Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. Any county in the State may establish a county free high school on the conditions and in the manner hereinafter prescribed, for the purpose of affording better educational facilities for pupils more advanced than those attending district schools.

Section 2. Whenever two hundred school electors in any county shall petition the Board of County Commissioners requesting that a county high school be established in their county at a place in the said petition named, or whenever the said County Commissioners shall at their discretion think proper, they shall give twenty days notice that they will submit the question to the school electors of said county whether such high school shall be established, and at the place specified, at which election the school electors of the county shall vote by ballot for or against establishing such high school. The notices shall distinctly specify the city, town or district wherein it is proposed to establish said high school.

Section 3. The election shall be conducted in all respects the same as the election for school trustees, except that the County Commissioners shall call the election, and that there shall be no registration of voters required. After said election, the ballots on said question shall be canvassed in the same manner as in the election for county officers, and if a majority of all the votes cast shall be in favor of establishing such high school, the County Commissioners shall immediately proceed to appoint six persons, who shall be residents and taxpayers of the county, three of whom shall be residents of the township where the school is located, who shall with the county superintendent of schools constitute a Board of Trustees for said school. Each of said trustees appointed as aforesaid shall hold office until his successor is appointed and qualified, and shall be required within ten days after appointment to qualify by taking the usual oath of office, and by giving such bond as may be required by said County Commissioners for the faithful discharge of his duties.

Section 4. Said trustees shall be divided into three classes of two each, the term of office of each class to be one, two and three years respectively, the respective terms to be decided by lot. The term of office of those in the first class shall expire one year from the third Saturday in April following their appointment; the term of those in the second class shall expire two years from the third Saturday in April following their appointment, and the term of office of those in the third class shall expire three years from the third Saturday in April following their appointment.

The County Commissioners shall appoint trustees in the place of

those whose term expires or in case of a vacancy. The term of office of trustees shall be for three years.

In case of a vacancy the appointment shall be for the remainder of the unexpired term. Provided, that in all appointments of trustees under this Act, there shall be one trustee in each class who is a resident of the township in which said high school is located.

Said board of high school trustees shall be governed, as to the time and place of meeting, by the provisions of the general school law of the State.

Section 5. A majority of said board shall constitute a quorum for the transaction of all business, but four votes shall be required to decide any question.

Section 6. At their first meeting in each year the trustees shall chose from their number a president, secretary, and treasurer, who shall hold office for one year, or until their successors are appointed and qualified. Said treasurer shall give such additional bond as the County Commissioners shall deem sufficient. And said trustees shall have authority to make all necessary rules for their government not inconsistent with the law.

Section 7. At said first meeting, or at some succeeding meeting called for such purpose, said trustees shall make an estimate of the amount of funds needed for building purposes, for payment of teachers' wages and for payment of contingent expenses, and they shall present to the Board of County Commissioners a certified estimate of the rate of tax required to raise the amount desired for such purpose. But in no case shall the tax for such purpose exceed in one year the amount of ten mills on the dollar on the taxable property of the county, and when the tax is levied for the payment of teachers' wages and for contingent expenses only, it shall not exceed three mills on the dollar. Provided, that said trustees may, if in their judgment they think best, bond the county for the purpose of raising the money necessary to build and equip the high school herein provided for and to purchase. a suitable site therefor. But no bonds shall ever be issued to pay for teachers' salaries or for the general expenses in maintaining said school.

Section 8. Whenever any board of trustees of any county free high school shall decide to bond the county as provided in the fore

going Section, said trustees shall issue said bonds in the manner provided for the issuance of school district bonds. Provided, that no county shall be bonded for the above purpose in an amount to exceed one hundred thousand dollars.

Section 9. Said bonds shall be paid, principal and interest, in the manner provided for the payment for school district bonds.

Section 10. In case bonds are issued then the trustees in making estimates for the maintenance of the high school shall not include estimates for building or whatever said bonds are issued for.

Section II. Said tax shall be levied and collected in the same manner as other county taxes, and when collected the county treasurer shall pay the same to the treasurer of the county high school.

Section 12. The said treasurer of the high school shall receive from the county treasurer, and from all other parties, all monies that belong to the fund of said high school, and shall pay out the same only by direction of the Board of Trustees, upon orders duly signed by the president and countersigned by the secretary, stating the purpose for which they are drawn. Both the secretary and treasurer shall keep an accurate account of all monies received and expended for said school, and at the close of each year, or oftener if required by the Board of Trustees, they shall make a full statement of the financial affairs of the school.

Section 13. The said board of trustees shall proceed, as soons as practicable after the appointment aforesaid, to select at the place determined by the vote of the county, the best site that can be obtained and the title thereof shall be vested in the said county; they shall then proceed to make purchases of material and to let such contracts for their ncessary school buildings as they may deem proper, but shall not make any purchase or contract in any year to exceed the amount on hand, and to be raised by the levy of tax or issue of bonds for that year. The Board of Trustees at their discretion may lease suitable' buildings for the use of the high school while new buildings are in process of erection, or may, if in their judgment they deem it best, contract with the trustees of the district at the county seat for the use of any suitable building for a high school for such time as they deem for the best interests of the county.

Section 14. When such Board of Trustees shall have provided for

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