tendents of all the counties in which the applicant has taught for three years immediately preceding the time of making such application, but the State Board, if otherwise satisfied as to the qualifications of said applicant, may grant the certificates or diplomas without certificates from the county superintendents. All persons holding such diplomas or certificates, before engaging to teach in any public school in this State, shall present such diploma or certificate to the superintendent of the county in which the holder proposes to teach, to be registered by the superintendent, and such holders of diplomas and certificates, while they remain in such county, shall attend institutes, assist in institute work, and perform such other reasonable duties as may be required by the county superintendent, the same as other teachers of the county are required to do.

4. If any holder of a diploma or of a certificate as aforesaid shall refuse to perform his duties as herein specified, then it shall be the duty of the county superintendent to report such unprofessional conduct to the State Board of Education. The State Board of Education may revoke any certificate or diploma granted by it on the proof that the holder has been guilty of immoral conduct rendering him`unfit to be a teacher; but, before any revocation shall be made, the person accused shall have due and reasonable notice of the nature of the charge against him and shall have an opportunity to be heard in person and by counsel, and to produce any witness whose testimony he may desire.

5. The following diplomas shall be considered equivalent to the teaching experience required for a State Certificate:

a.

Diplomas from the regular State normal schools.

b. Diplomas from any normal schools in the State whose requirements for admission and graduation, including training school experience, are equal to that of the best Oregon State normal schools, as determined by the State Board of Education.

c. Diplomas from any chartered institutions of this State of collegiate or university grade granted upon the completion of a course consisting of at least five years' work above the eighth grade of the public school system of this State, on the basis of twenty recitations per week and thirty-two weeks per year, the State Board of Education being the judge of the standard of such schools; provided, that this section shall not be so construed as to permit the issuance of any State Certificate or State Diploma without the examination provided for in paragraph 1, "Provisions for State Papers"; provided further, that no certificate shall be issued under the provisions of this section to any person who is not twenty-one years of age.

d. Holders of State Certificates granted under the provisions of this section may become candidates for a State Diploma when they have taught thirty months with approved success from the date of their certificate; provided, that this section shall not be so construed as to prevent the issuing of State Diplomas to the pupils of State normal schools and chartered institutions who may graduate from such institutions before September 1, 1899, under the provisions of acts in force February 1, 1899.

e. All pupils of State normal schools and chartered institutions in Oregon who graduate from such institutions before September 1, 1899, under the provisions of acts in force on February 1, 1899, shall be entitled to receive a State Diploma or State Life Diploma on compliance with the provisions of the acts in force on February 1, 1899.

f. No warrant upon the common school fund shall be drawn in favor of any teacher holding a State Certificate or Diploma, unless such certificate or diploma shows an indorsement signed by the county superintendent that it has been registered in his office, as required by law; provided, that no such indorsement shall be made until a fee of one dollar ($1.00) shall be paid for the same, and all moneys so received

shall be turned over to the county treasurer, who shall place said sum as a part of the county institute fund.

III. PROVISIONS FOR COUNTY PAPERS.

1. In every examination held hereafter, any applicant for a teacher's second or third grade county certificate shall be examined in the following named branches: Orthography, reading, writing, written arithmetic, English grammar, geography, United States history, theory of teaching, physiology and hygiene, civil government, and Oregon school law; for a first grade certificate, an applicant shall be examined in the above named subjects and in addition thereto, physical geography and English literature.

2. In each county there shall be a board of county examiners, composed of the county superintendent, who shall be ex officio chairman, and two competent persons, appointed by the county superintendent for such time within the term of his office as he may designate; provided, that where conditions require it, the county superintendent may appoint more than two persons as members of said board. Each member of said board, two of whom shall constitute a quorum, shall receive the sum of $5 a day, except the county school superintendent, for the time actually employed. Any claim for compensation for services under this act shall be certified to by the board and audited by the county court, and paid out of the general fund of the county.

3. Commencing at 9 o'clock on the second Wednesday of the following months, viz., August and February, and continuing three days, the board of examiners for each county shall hold a public examination of applicants for teachers' county certificates for such county, using the questions prepared by the State Board of Education, at such place in the county as may be designated by the superintendent. Neither the county board of examiners, nor any member thereof, shall at any time grant a private examination to an applicant for a teacher's certificate, except for a temporary permit, as hereinafter provided. At least ten days' notice by publication in a newspaper, if there be one published in the county, shall be given by the superintendent, at the expense of the county, of all examinations. The board of examiners shall issue certificates of such general form as the State Board of Education may prescribe to all such applicants as are found upon examination to possess a good moral character, requisite scholarship, and ability to teach and govern successfully. 4. There shall be three grades of certificates granted by the board, at its discretion, and subject to such rules and regulations as the State Board of Education may prescribe, which grades of certificates shall be as follows: The certificate of the first grade shall be granted only to those who are over eighteen years of age and have taught twelve school months with approved success; and shall be valid throughout the county for three years. To obtain the same, an applicant shall make a general average of not less than ninety per cent of all branches prescribed by law, and shall not fall below seventy per cent in any one branch; provided, that whenever an applicant has, upon two successive examinations, received eighty-five per cent or more in one or more branches, said applicant may, in the next examination thereafter, be excused from examination upon such branches and be credited with the standing so earned; provided, that the county superintendent may indorse a first-grade certificate in force in any other county in the State, without examination, and said indorsement shall render the said certificate valid in his county during the validity of the original certificate; provided, that the superintendent shall have power to revoke said certificate for the same cause and in like manner as those granted by the county board of examiners of his county; provided, that in all cases where a certificate is indorsed,

it shall be registered in the office of the county superintendent of such other county, in a book provided for such purpose. The date of such registration must be indorsed by the superintendent on the back of the certificate, and without such registration and indorsement no first-grade certificate shall be valid in any county except the one for which it was issued. A fee of one dollar shall be paid to the superintendent by the teacher whose certificate is registered and indorsed as herein provided, which sum he shall pay within ninety days to the county treasurer, taking his receipt therefor. All money so collected shall become a part of the county institute fund. A certificate of the second grade shall be granted only to those who have attained the age of eighteen years, and have taught at least three school months with ability and success, and shall be valid throughout the county for two years. To obtain the same an applicant shall make an average of not less than eighty per cent in all branches prescribed by law, and shall not fall below sixty per cent in any one branch. Such certificates shall not be renewed, nor shall any person be entitled to receive more than one second-grade in any one county; provided, that more than one second-grade certificate may be issued to the same person in a county on a regular public examination, as herein set forth, if such person has not had the requisite experience for a first-grade certificate. A certificate of the third grade shall be issued only to those who have attained the age of eighteen years. Such certificate shall be valid for one year. To obtain the same an applicant shall make an average of not less than seventy per cent in all branches prescribed by law, and shall not fall below sixty per cent in any one branch. Such certificates shall not be renewed, nor shali any person be entitled to receive more than one third-grade certificate in any one county; provided, that more than one third-grade certificate may be issued to the same person on a regular examination as here set forth if such person has not had the requisite teaching experience required for a second-grade certificate.

5. A certificate to be known as a "primary certificate" shall be issued only to those who are over eighteen years of age and have taught at least twelve school months with approved success, and shall be valid throughout the county for three years. To obtain the same, an applicant shall make an average of not less than eighty-five per cent, and shall not fall below seventy per cent in any one branch of the subjects of reading, writing, orthography, arithmetic, physiology, language, geography, theory and practice of teaching, which certificate shall authorize the bearer to teach in the primary grades of the county, not beyond the third grade; provided, that such teachers shall only be authorized to teach in a graded school as assistant teacher.

6. A temporary permit may be issued by the county superintendent in case of necessity, valid only in the county where issued, until the next regular public examination held by the county board of examiners for such county. Such permit may be granted without a written examination to the holder of a certificate, valid in any county in the State, who is entitled to the same, or to a holder of a certificate valid in any other State, when the applicant for the same shall present satisfactory testimonials of his good character and success as a teacher; but no permit shall be issued to any person not holding a valid certificate as herein set forth, except on a written examination equivalent to that required for a third-grade certificate. A teacher shall not be entitled to receive more than two temporary permits in a county, nor shall an applicant who failed at the last regular public examination held by the board of examiners for any county be entitled to receive a temporary permit for that or any other county in the State. A fee of two dollars and fifty cents ($2.50) for each temporary permit shall be paid by the applicant to the county school superintendent, who shall pay the same

to the county treasurer, taking his receipt therefor; and all such fees shall be credited to the county institute fund.

7. All examination papers for certificates shall be kept on file in the county superintendent's office as a part of the records thereof, for one year from the date of such examination.

8. On the first day of any county examination herein provided for, each applicant for a county teacher's certificate shall pay to the county superintendent a fee of two dollars, which shall be paid by him, within fifteen days, to the county treasurer, taking his receipt therefor. All money so received by the county treasurer shall become a part of the county institute fund; provided, that in no case in which an applicant shall fail to receive a certificate shall the fee be refunded.

9. The county superintendent shall submit the questions prepared by the State Board of Examiners to applicants for State papers, according to such rules and regulations, and at such time as may be prescribed by the State Board of Education, and shall conduct the examination, and shall immediately at the close of the examination transmit all such examination papers, unmarked, to the State Superintendent of Public Instruction, who shall submit them to the State Board of Examiners for grading.

IV. QUALIFICATIONS OF VOTERS.

1. The question most frequently referred to this office for adjudication is the one pertaining to the qualifications of voters at school meetings, hence we have deemed it best to quote the law in full. The law is easy of application, and it should ever be borne in mind by all concerned that this, as well as all school law, is mandatory, and hence should be strictly followed. The law reads as follows:

"Any citizen of this State, male or female, who is twenty-one years of age and has resided in the district thirty days immediately preceding the meeting or election and has property in the district, as shown by the last county assessment, and not assessed by the sheriff, on which he or she is liable or subject in said district; provided, that, for the purposes of this section, any man who has declared his intention to become a citizen of the United States, and has resided in the State for six months immediately preceding the meeting or election where he proposes to vote, shall be considered a citizen of this State; provided further, that any person shall be deemed to have complied with the property qualification imposed by this section who represents to the directors or judges of election satisfactory evidence that he or she has stock, shares, or ownership in any corporation, firm, or copartnership which has property in the district, as shown by the last county assessment, and not assessed by the sheriff, on which such corporation, firm, or copartnership pays a tax, even though his or her individual name does not appear upon the tax roll; provided further, that in districts of the third class any head of a family who is otherwise a qualified elector, and having children of school age, may vote at such election without property qualifications. The chairman of any school meeting, or any qualified elector, is hereby authorized to challenge any person who may offer to vote at such meeting. In case an elector has been challenged as disqualified, it shall be the duty of the chairman of such meeting to administer to each person so challenged an oath that he or she will truly answer all questions propounded to him touching his place of residence and qualifications as elector at such meeting, and upon taking which, if the meeting be in a district of the first or second class, he shall interrogate him respecting his citizenship in this State, his age, residence in the district immediately preceding the meeting or election, and whether he has property or shares in a corporation in the district, as shown by the last county assessment, and not assessed by the sheriff, on which

he or she is liable or subject to pay a tax; and if the meeting be in a district of the third class, he shall interrogate him as to whether he is the head of a family, and otherwise an elector, and has children of school age in the district." [Code § 3386.]

"School districts of the first class may be subdivided into voting wards by the directors of such district, such wards to conform as near as possible to the city wards comprised in its boundaries. The board of directors of all such districts when so subdivided shall establish at least one polling place in each ward, the judge and clerks of which shall be qualified electors within the provisions of this act, and residents of such ward and each elector shall be required to cast his or her ballot in that ward in which he or she resides." [Code, § 3387.]

V. SCHOOL DECISIONS.

From time to time many questions of a complex nature have been referred to the Department of Public Instruction for determination. These questions have come up from boards of directors, superintendents, teachers, and others, and in settlement have required considerable time in the matter of investigation and research. In many of these cases we have declined to render decisions unless they have been previously referred to the county superintendents for their consideration and decision. In other instances we have waived this form in order more readily to advance the school interests by an immediate decision upon the difficulties presented. Below is given an abstract of the more important decisions rendered by this department.

1. Penalty for Non-Attendance at Institutes. A school board has no authority to deduct five dollars from a teacher's wages for not having attended an institute sixteen hours, for the reason that the district failed to have that amount apportioned because of such non-attendance. The penalty provided by law is not loss of wages, but the county superintendent may, in his discretion, revoke the certificate, reduce the grade, or refuse to grant a certificate, if the non-attendance be without cause.

2. Tax Levy for Single Year. There is no authority of law for a school district to vote a tax levy to be in effect more than one year. A levy can not be made upon any assessment except that of the year in which the levy is voted.

3. Furnishings for District Schools. The failure or refusal of a district board to furnish seats and desks for all the pupils in attendance upon the district school, provided there is money available for that purpose in the district treasury, would render any member of the board responsible for such failure, or refusal liable to malfeasance in office. This decision is based upon section 70, Oregon School Law, 1909 edition, which states that the board of directors must furnish their schools with chalk, janitors, brooms, blackboards, erasers, stoves, window curtains, reference books, library books, and other apparatus. The words "other apparatus" would include seats and desks. Section 45, Oregon School Laws, requires the county superintendent to observe the condition of the school houses and surroundings, note the defects and notify the board of directors of the same. Therefore the sections of the Oregon School Law above cited make it the duty of the county superintendent to see that the school houses are furnished with seats and desks for all pupils, as well as with the other specified objects, and if the superintendent finds a board guilty of failure or refusal to provide these supplies he can have any member. responsible for such failure or refusal, removed from office.

4. Employing Teachers. Two members, constituting a majority of the school board, may employ a teacher before the annual meeting or before the organization of the new board to serve for the ensuing year. The two members of the board also have the power to employ a teacher