USA > Arizona > History of Arizona, Vol. V > Part 5
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This Legislature passed an act to establish public schools in the Territory of Arizona, which was the first earnest effort in legislation
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in that direction, it being a matter of great im- portance at the time, and as it became the foundation of our school system, I give the act in its entirety :
"Section 1. That the Board of Supervisors of each of the several organized counties, and every county that may be hereafter organized within this Territory, be and they are hereby constituted Boards of Education for each of the several counties of this Territory, in which they have been duly elected as Boards of Super- visors; and shall perform such duties as such Boards of Education, as may be required of them, by the provisions of this act. They shall hold their offices during the time for which they have been elected as said Boards of Supervisors for their several Counties.
"Sec. 2. Said Boards shall hold an annual meeting, at the County seat of each of their re- spective counties, on the same or subsequent day of their first regular meetings as Boards of Supervisors; and such other special meetings during the year as the Boards may, in their judgment, deem proper and necessary.
"Sec. 3. Said Boards of Education of the several counties in this Territory, shall from time to time, as they may deem proper, recom- mend to the Legislature such alterations, revi- sions and amendments of existing laws, relating to Common Schools, as in their judgment are demanded, in order to the perfecting of a system of general education in this Territory; and they shall annually make a report of their official doings, and of the state and condition of the V~5
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schools in their respective counties, to the Legis- lature during the first week of its session.
"Sec. 4. Said Boards may at any time fill a vacancy in the office of Superintendent of Pub- lic Schools in their respective counties.
"Sec. 5. The Boards of Education in the several counties shall select a list of books for the different branches usually taught in Com- mon Schools, which list shall constitute the text books for district schools, and shall cause such list to be published in all the newspapers in said county, in the month of January in each year; and on and after such publications, no other books but those prescribed in the list by said Boards, shall be used in any of the district schools in their respective counties, except by permission of the Superintendent of Public Schools or the District Board.
"Sec. 6. It shall be the duty of the Board of Supervisors of the several counties in this Territory, to divide their counties into school districts when necessary, and subdivide the same whenever petitioned by a majority of the citi- zens thereof, and to furnish the County Re- corder of such county with a written description of the boundaries of each district so formed; which description must be filed with said County Recorder before said district shall be entitled to proceed with its organization by the election of School District officers. Whenever it shall be deemed necessary to form a School District from parts of two or more counties, it shall be the duty of the Board of Supervisors of each county in which any part of the proposed joint district shall be situated, to unite in laying out
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such joint district; and the Board of Super- visors so assisting, shall file a description of said joint district with the County Recorder of their county ; provided, however, that said Boards shall not be allowed to form a district, unless the area comprising said district shall contain within its limits twenty children of the age four and under twenty-one.
"Sec. 7. The several counties in this Terri- tory shall, at their annual election, elect a com- petent person to be Superintendent of Public Schools in and for such county, who shall hold his office during the school year commencing on the first of November, or until his successor is elected and qualified; who shall receive for his service four dollars each day actually spent in the discharge of his legal duties, and a reason- able sum for his annual report to the County Board of Education in his county; and every Superintendent of Schools shall make out in detail his account for official services rendered, and make oath or affirmation to the correctness of the same before some Justice of the Peace in the county in which he resides, which oath or affirmation shall be certified by said Justice before such Superintendent's account shall be presented to the County Recorder for allow- ance, who shall audit and allow the same, or so much thereof as is just and reasonable, and the same shall be paid out of the County Treasury upon the order of the County Recorder, who is empowered to draw orders for the same; but no order shall be drawn to any such Superinten- dent until he shall have filed with the County Recorder a receipt from the County Board of
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Public Schools for the statistical returns of the preceding school year, in pursuance of the requirements of section seventeen of this act.
"Sec. 8. The County Superintendent of Public Schools shall have charge of the common school interests of the county. He shall before he enters upon the discharge of the duties of his office, take and subscribe an oath or affirmation to support the Constitution of the United States and the act organizing this Territory, and faith- fully to discharge the duties of his office, which oath or affirmation shall be filed in the office of the County Recorder. He shall execute a bond with approved security, payable to the Board of County Supervisors; for the use of common schools in said county, in the penal sum of five hundred dollars. Said bond must be approved by the Board of Supervisors, and filed in the office of the County Recorder.
"Sec. 9. It shall be the duty of the County Treasurer, on the first Monday of April in each year, to furnish the County Superintendent of Public Schools with a statement of the amount of money in the County Treasury belonging to the School Fund, and he shall pay the same upon the order of said Superintendent to the proper district officers.
"Sec. 10. It shall be the duty of the County Superintendent of Public Schools, on the sec- ond Monday of April in each year, or as soon thereafter as he shall receive the statement of the County Treasurer, certifying the amount of money in the County Treasury for the use of common schools for the current year, to appor- tion such amount to the several districts or parts
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of districts within the county, in proportion to the members of children residing in each, over the age of four and under the age of twenty-one years, as the same shall appear from the last annual reports of the Clerks of their respective districts, and he shall draw his order on the County Treasurer in favor of the several dis- trict Treasurers, for the amount so apportioned to each district.
"Sec. 11. It shall be the duty of the County Superintendents to visit all such common schools within their respective counties as shall be or- ganized according to law, at least once each year, and oftener if they shall deem it necessary. At such visitations the Superintendents shall ex- amine into the state and condition of such schools as respects the progress in learning and the order and government of the schools; and they may give advice to the teachers of such schools as to the government thereof and the course of study to be pursued therein, and shall adopt all requisite measures for the inspection, examination and regulaton of the schools, and for the improvement of the scholars in learning. Every superintendent of common schools shall take, or cause to be taken, between the first day of October and the thirtieth day of November in each year, an enumeration of all the children resident in his county, between the ages of four and twenty-one years.
"Sec. 12. He shall see that the annual re- ports of the Clerks of the several school districts in his county are made correctly, and in due time.
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"Sec. 13. He shall hold a public examina- tion for all persons offering themselves as teachers of common schools, at the county seat of his county, on the last Saturday of April and October in each year, notice of which shall be given as publicly as possible; at which time he shall grant certificates for not less than three months nor more than one year, to such persons as he may find qualified to teach orthography, reading, writing, arithmetic, geography and English grammar. All persons offering them- selves as teachers, must produce evidence of good moral character, and possess the requisite capacity to conduct and govern a common school; and any person receiving such certifi- cate shall be deemed a qualified teacher within the meaning of this act. Persons applying to the County Superintendent for a certificate at any other time than at the public examination, shall pay to the said Superintendent the sum of one dollar for his services.
"Sec. 14. Whenever a school district shall be formed in any County, Superintendent of Public Schools of such County, shall within fifteen days thereafter, prepare a notice of the formation of such district, describing its bound- aries and stating the number thereof, and ap- pointing a time and place for the district meet- ing. He shall cause the notice thus prepared to be posted in at least five public places in the district, at least ten days before the time appointed for such meeting.
"Sec. 15. The County Superintendent of Public Schools shall perform all other duties of
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his said office that now are, or hereafter may be prescribed by law; and he shall deliver to his successor, within ten days after the expiration of his term of office, all books and papers per- taining to his office.
"Sec. 16. If any vacancy occurs in the office of County Superintendent of Public Schools, by death, resignation or otherwise, notice thereof shall be given by the County Recorder to the Board of Supervisors, who shall as soon as practicable appoint some suitable person to fill the vacancy; and the person receiving such appointment, shall, before entering upon the dis- charge of the duties of his office, file his oath or affirmation in the County Recorder's office as hereinbefore provided, and he shall discharge all the duties of the office of County Superin- tendent of Public Schools until a successor is elected and qualified. He shall also give a like bond to that required by this act to be given by the County Superintendent of Public Schools.
"Sec. 17. The County Superintendent shall make full and complete annual returns to the several Boards of Supervisors in their respec- tive counties, between the first and thirty-first day of October in each year, of the number of children between the ages of four and twenty- one years, in the school districts within their respective counties ; also the number of qualified teachers employed, the length of time each dis- trict school has been taught during the year, the kind of text books used ; and the amounts ex- pended in each district, out of moneys raised for educational purposes, and for what purpose such amount was expended; the amounts raised
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in each district and the county, by taxation or otherwise, for educational interests, and any other items that may be of service to the County Boards of Education in preparing their annual reports.
"Sec. 18. The inhabitants qualified to vote at a school district meeting, lawfully assembled, shall have power :
"First: To appoint a chairman to preside at said meeting, in the absence of the Director.
"Second: To adjourn from time to time.
"Third : To elect a Director, Clerk and Treas- urer, who shall possess the qualifications of voters, as prescribed in the next section of this act, at the first and each annual meeting there- after.
"Fourth: To designate by vote a site for a district school house.
"Fifth: To vote a tax annually, not exceed- ing one-half per cent on taxable property in the district, as the meeting shall deem sufficient, to purchase or lease a site, and to build, hire or purchase a schoolhouse, and to keep in repair and furnish the same with the necessary fuel, stoves and benches.
"Sixth: To vote a district tax annually, not exceeding one-half of one per cent, on the tax- able property in the district, for the pay of teachers' wages in the district.
"Seventh: To authorize and direct the sale of any school house site, or other property be- longing to the district, when the same shall no longer be needful for the district.
"Eighth: To vote such tax as may be neces- sary to furnish the school house with black-
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boards, outline maps, and apparatus necessary for illustrating the principles of science, or for discharge of any debts or liabilities of the dis- trict lawfully incurred; provided, the tax shall not exceed one-fourth of one per cent per annum, and may be applied to any other pur- poses by a vote of the district at any regularly called meeting.
"Ninth: To give such directions and make such provisions as may be deemed necessary in relation to the prosecution or defense of any suit or proceeding in which the district may be a party.
"Tenth: To alter or repeal their proceedings from time to time, as occasion may require, and to do any other business contemplated in this act.
"Sec. 19. The following persons shall be en- titled to vote at any district meeting. All persons possessing the qualifications of electors, as defined by the act organizing this Territory, and the laws of this Territory, and who shall be actual residents of the district at the time of offering to vote at such election.
"Sec. 20. If any person offering to vote at a school district meeting shall be challenged as unqualified by any legal voter, the chairman presiding shall declare to the person challenged the qualifications of a voter, and if such chal- lenge be not withdrawn, the chairman, who is hereby authorized, shall tender to the person offering to vote, the following oath or affirma- tion : 'You do solemnly swear (or affirm) that you are an actual resident of this district, and that you are qualified by law to vote at this
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meeting. Any person taking such oath or af- firmation, shall be entitled to vote on all ques- tions voted upon at such meeting.
"Sec. 21. Every school district shall be deemed duly organized when the officers con- stituting the district board shall be elected ; they shall signify their acceptance to the County Superintendent in writing, which he shall file in his office. Every person duly elected to the office of Director, Clerk or Treasurer of any school district, and having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by the provi- sions of this act, shall forfeit the sum of ten dollars to the School District Fund.
"Sec. 22. The officers of each school district shall be a Director, Clerk and Treasurer, who shall constitute the District Board, and who shall hold their respective offices until the an- nual meeting next following their election or appointment, and until their successors are elected and qualified.
"Sec. 23. Every school district, organized in pursuance of the provisions of this act, shall be a body corporate, in law, and shall possess the usual powers of a corporation for public pur- poses, by the name and style of 'School District No. (such number as may be designated by the County Superintendent), County, (the name of the county in which the district is situated) Territory of Arizona,' and in that name may sue and be capable of contracting and being con- tracted with, and holding such real or personal estate as it may come in possession of by will
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or otherwise, or as is authorized to be purchased by the provisions of this act.
"Sec. 24. An annual meeting of the qual- ified directors of each school district shall be held on the last Saturday of September of each year, at such hour as the District Board shall name. Special meetings may be called by any member of the District Board, or by any five legal voters, but notice of such special meeting, stating the purposes for which it is called, shall be posted in at least three public places within the district, ten days previous to the time of meeting.
"Sec. 25. Whenever the time for holding an annual meeting in any district shall pass with- out such meeting being held, the Clerk, or in his absence, any other member of the District Board, within twenty days after the time for holding said annual meeting shall have passed, may give notice of a special meeting by putting up written notices thereof in three public places within the district, at least five days previous to the time of meeting; but if such meeting shall not be notified within twenty days, as aforesaid, the County Superintendent may give notice of such meeting in the manner provided for form- ing new districts; and the officers chosen at such special meeting shall hold their offices until the next annual meeting, and until their successors are elected and qualified.
"Sec. 26. The qualified voters at each an- nual meeting, or at any special meeting duly called, may determine the length of time a pub- lic school shall be taught in their district for the ensuing year, and whether such a school shall be
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taught by a male or female teacher, or both, and whether the school money to which the district may be entitled shall be applied to the support of the Summer, or Winter term of the school, or a certain portion to each; but if such matter shall not be determined at the annual or any special meeting, it shall be the duty of the Dis- trict Board to determine the same.
"Sec. 27. The Director of each district shall preside at all district meetings, and shall sign orders drawn by the Clerk, authorized by a dis- trict meeting or by the District Board, upon the Treasurer of the district, for moneys collected or received by him to be disbursed therein. He shall appear for and in behalf of the district in all suits brought by or against the district, un- less other directions shall be given by the voters of such district at a district meeting.
"Sec. 28. The Clerk of each district shall record the proceedings of his district in a book provided by the district for that purpose, and shall enter therein copies of all reports, made by him to the County Superintendent; and he shall keep and preserve all records, books and papers belonging to his office, and deliver the same to his successor in office.
"Sec. 29. The said Clerk shall be Clerk of all district meetings, when present; but if such Clerk shall not be present at any district meet- ing, the voters present may appoint a Clerk of such meeting, who shall certify the proceedings thereof, and the same shall be recorded by the Clerk of the district.
"Sec. 30. It shall be the duty of the Clerk to give at least ten days' notice previous to any
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annual or special district meeting, by posting up notices thereof at three or more public places in the district, one of which notices shall be affixed to the outer door of the school house, if there be one in the district; and said Clerk shall give the like notice of every adjourned meet- ing, when such meeting shall have been ad- journed for a longer period than one month. Every notice for a special district meeting shall specify the objects for which such meeting is called, and no business shall be acted upon at any special meeting, not specified in said notice.
"Sec. 31. The Clerk of the district shall draw orders upon the Treasurer of the district, for moneys in the hands of such Treasurer, which have been apportioned to or raised by the district to be applied to the payment of teach- ers' wages, and apply such money to the pay- ment of teachers' wages as shall have been em- ployed by the district Board, or by the citizens of the district; and the said Clerk shall draw orders on the said Treasurer for moneys in the hands of such Treasurer, to be disbursed for any other purpose ordered by a district meeting, or by the district Board, agreeably to the provi- sions of this act.
"Sec. 32. It shall be the duty of the Clerk to make out tax lists of all taxes legally authorized by the district; and annex to such tax lists a warrant under the hand of said Clerk directed to the said Treasurer of said district, requir- ing said Treasurer to collect the same therein named.
"Sec. 33. The Clerk of each district shall, between the first and twentieth days of Septem-
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ber in each year, make out and transmit a re- port in writing to the County Superintendent of Public Schools showing:
"First: The number of children, male and female, designated separately, residing in the district, or part of district, on the last day of August previous to the date of such report, over the age of four and under the age of twenty-one years.
"Second: The number of children attend- ing school during the year, their sex, and the branches taught.
"Third: The length of time a school has been taught in the district by qualified teacher, the name of the teacher, the length of time taught and the wages paid.
"Fourth: The amount of money received from the County Treasurer within the year, and the manner in which the same has been applied.
"Fifth: The amount of money raised by the district in such year, and the purposes for which it was raised.
"Sixth: The kind of books used in the school, and such other facts and statistics in re- gard to the district schools as the County Super- intendent may require.
"Sec. 34. Whenever a school district shall lie partly in two or more counties, the Clerk of such district, in making his annual report, shall carefully designate the number of children resi- dent in the parts of the counties composing the district, and shall report to the County Super- intendent of Common schools of each of the counties in which such district may be situated.
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"Sec. 35. The Treasurer shall execute to the district a bond, in double the amount of money, as near as can be ascertained, to come into his hands as Treasurer of the district during the year, with sufficient securities, to be approved by the Director and Clerk, conditioned to the faithful discharge of the duties of said office. Such bond shall be filed with the district Clerk, and in case of the breach of any condition thereof, the Director shall cause a suit to be commenced thereon in the name of the district, and the money collected shall be applied by such Director to the use of the district as the same should have been applied by the Treasurer, and if such Director shall neglect or refuse to prose- cute, then any householder of the district may cause such prosecution to be instituted.
"Sec. 36. If the Treasurer shall fail to give bond as required in this act, or from sickness, or any other cause, shall be unable to attend the duties of said office, the District Board shall appoint a Treasurer, who shall possess all the powers of the District Treasurer, and shall, be- fore entering upon the duties of said office, give a bond as the District Treasurer is required to give.
"Sec. 37. The Treasurer of each district shall apply for and receive from the County Treasurer all school money apportioned to his district, and shall collect all district taxes as- sessed in pursuance of the provisions of this act, and pay over on the order of the Clerk, signed by the Director of such district, all money so received or collected by the said Treasurer.
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"Sec. 38. If any District Treasurer shall refuse or neglect to pay over any money in the hands of such Treasurer belonging to the dis- trict, it shall be the duty of his successor in office to prosecute without delay, the official bond of such treasurer for the recovery of such money.
"Sec. 39. If, by the neglect of any Treas- urer, any school money shall be lost to any school district, which might have been received from the County Treasurer, or collected from the district tax assessed, said Treasurer shall forfeit to such district the full amount of the money so lost.
"Sec. 40. The Treasurer shall present to the district, at each annual meeting, a report in writing, containing a statement of all moneys collected by him from the County Treasurer during the year, from assessments in the dis- trict, and the disbursements made, and exhibit the vouchers thereof, which report shall be re- corded by the Clerk; and if it shall appear that any balance of money is in his hands at the time of making such report, he shall immediately pay such balance to his successor.
"Sec. 41. The District Board shall purchase or lease such a site for a school house, as shall have been designated by the voters at a district meeting, in the corporate name thereof, and shall build, hire, or purchase such school house, as the voters of the district, in a district meet- ing, shall have agreed upon, out of the funds provided for that purpose, and make sale of any school house site or other property in the dis- trict, and if necessary, execute a conveyance of
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