High, graded or normal school boards; state universities. The organization of schools of a higher grade and state universities is usually provided for by special act which applies to the special subject under consideration, and which controls appropriations of public moneys.88 may be proved by ratification. Bowen v. King, 34 Vt. 156. But see Redfield School Dist. No. 12 v. Redfield Independent School Dist. No. 20, 14 S. D. 229, 85 N. W. 180. 86 Presque Isle County Sup'rs v. Thompson, 61 Fed. 914, 10 C. C. A. 154; Dartmouth Sav. Bank v. School N. W. 822; Gale v. Knopf, 193 Ill. Dists. Nos. 6 and 31, 6 Dak. 332, 43 245, 62 N. E. 229; Voss v. Union School Dist. No. 11, 18 Kan. 467; School Dist. No. 2 v. School Dist. No. 1, 45 Kan. 543, 26 Pac. 43; School Dist. No. 1 v. Union School Dist., 81 Mich. 339, 45 N. W. 993; State v. School Dist. No. 108, 85 Minn. 230, 88 N. W. 751; Burnham v. Rogers, 167 Mo. 17, 66 S. W. 970; Winsor v. Donahay, 30 N. J. Law, 404; School Dist. No. 7 v. Sherman, 59 N. J. Law, 375, 35 Atl. 1060; Smith v. Coman, 47 App. Div. 116, 62 N. Y. Supp. 106; Coler v. Dwight School Tp., 3 N. D. 249, 55 N. W. 587, 28 L. R. A. 649; City of Cynthiana v. Board of Education, 21 Ky. L. R. 731, 52 S. W. 969. ST Sinnott v. Colombet, 107 Cal. 187, 40 Pac. 329, 28 L. R. A. 594; Nevada School Dist. v. Shoecraft, 88 Cal. 372, 26 Pac. 211; People v. Bruennemer, 168 Ill. 482, 48 N. E. 43; State v. Elk County Com'rs, 61 Kan. 90, 58 Pac. 959, 47 L. R. A. 67; Trustees of Harrodsburg v. Harrodsburg Educational Dist., 9 Ky. L. R. 605, 7 S. W. 312; Williamstown Graded Free School Dist. v. Webb, 89 Ky. 264, 12 S. W. 298; Trustees of Morganfield Public Abb. Corp. Vol. III-27. School v. Thomas, 12 Ky. L. R. 832, 15 S. W. 670; Bailey v. Figely, 106 Ky. 725, 51 S. W. 424. A city of the fourth class cannot include outlying territory for the purpose of establishing a graded school under Ky. St. §§ 4464 and 4489. Louisville & N. R. Co. v. Eilzabethtown Dist. Public School, 23 Ky. L. R. 1169, 64 S. W. 974; City of Winona v. School Dist. No. 82, 40 Minn. 13, 41 N. W. 539, 3 L. R. A. 46; Putnam v. City of St. Paul, 75 Minn. 514, 78 N. W. 90; State v. Vaughan, 99 Mo. 332, 12 S. W. 507; Chicago, B. & Q. R. Co. v. School Dist. No. 10, 60 Neb. 164, 82 N. W. 373; School Dist. No. 1 v. Prentiss, 66 N. H. 145, 19 Atl. 1090; Conover v. Parker, 57 N. J. Law, 631, 31 Atl. 769; Landis v. Ashworth, 57 N. J. Law, 509, 31 Atl. 1017. A law is not special or local because it gives a higher grade of education to the children in one district than to those in another. People v. Crissey, 45 Hun (N. Y.) 19; Gordon v. Cornes, 47 N. Y. 608; Board of Education v. Board of Education, 41 Ohio St. 680. A high school district independently organized is not absorbed by a board of education of an incorporated village. Com. v. Reynolds, 137 Pa. 389, 20 Atl. 1011. Pa. Act. May 23, 1889, "constituting each city of the 3rd class a single school district, etc.", is unconstitutional violating Pa. Constitution 1874, art. 15, § 1, art. 3, § 7. State v. Brownson, 94 Tex. 436, 61 S. W. 114; Bedford § 1075. School system; how governed. The government of a common school system, excluding normal and high schools and state universities, is commonly vested in a state superintendent of public instruction, or other officer of a similar character, county superintendents and in the immediate school districts, boards of school trustees and the qualified voters of the school district. To each of these officials or individuals is gvien by law the legal right to exercise certain powers and upon them devolve the performance of certain legally authorized duties. § 1076. State superintendent of public instruction. Controlling in a general way, the discipline and the management of the common schools throughout the state will be found a state superintendent of public instruction or an officer, under some other title, performing the duties indicated. Or, to state the proposition differently, the general supervision of the public schools of the state is vested in a state superintendent. The County Sup'rs v. Bedford High School, 92 Va. 292, 23 S. E. 299. But see Water Supply Co. of Albuquerque v. City of Albuquerque, 9 N. M. 441, 54 Pac. 969. 88 Williamantic School Soc. V. Windham First School Soc., 14 Conn. 457; Alleghany County Schools v. Maffitt, 22 Md. 121; "Town School Dist. of Brattleboro v. School Dist. No. 2, 72 Vt. 451, 48 Atl. 697. But see State Female Normal School v. Auditors, 79 Va. 233. 89 Jones v. Benton, 4 G. Greene (Iowa) 40; Jackson Independent School Dist. of Steamboat Rock (Iowa) 77 N. W. 860. He may consider an appeal on alleged wrongful discharge of a teacher and his decision is final and conclusive. Wiley v. Alleghany County School Com'rs, 51 Md. 401. The state board of education of Maryland have a visitorial power of the most comprehensive 89 character and this is in its nature summary and executive. State v. Albertson, 54 N. J. Law, 72, 22 Atl. 1083. A dispute over the election of school trustees is a controversy under the statute with regard to which the opinion and advice of the county and state superintendents may be sought. People V. Town Auditors of Hempstead, 126 N. Y. 528, 27 N. E. 968, affirming 58 Hun, 608, 12 N. Y. Supp. 165; People v. Allen, 19 Misc. 464, 44 N. Y. Supp. 566. The superintendent of public instruction may restrain the apportionment of public money to a school district which refuses to comply with his decision that it carry out its contract with a teacher. In re Light, 21 Misc. 737, 49 N. Y. Supp. 345; People v. Skinner, 74 App. Div. 58, 77 N. Y. Supp. 36; School Dist. No. 116 v. Irwin, 34 Or. 431, 56 Pac. 413. Hill's Ann. 92 qualifications of such an officer may be prescribed, and the manner of his appointment or election is commonly designatd by law,90 and his rights in respect to the appointment by him of deputies and assistants.91 His salary and the aggregate expenses of his office may be also prescribed and limited. His duties vary and usually include a meeting and consultation with the several county superintendents and other educational officers at the times. and places he shall deem most beneficial and upon such notice as he may give, for the purpose of discussing and considering any matters affecting the interest of the public schools. He is commonly required to prepare a report for submission to the legislature through the governor of the state to contain information upon the questions required by law or those he may consider of importance. These subjects usually relate to the general organization of the school system in the state, the number of districts or schools, the enrollment of pupils and the average attendance; their financial condition, the amount of school moneys collected and expended each year, specifiying the amount received from each source and the amount expended for each purpose; the number of schools receiving state aid, and finally all other matters relative to his office of public schools, school funds, and number and character of teachers with the recommendations he may deem expedient."3 Laws, § 2572, does not authorize an appeal to the superintendent of public instruction from a decision of a county superintendent. Field v. Com., 32 Pa. 478. A county superintendent may be removed by the superintendent of public schools for neglect of duty, incompetency, or immorality, but there must first be a charge, notice and an opportunity for defense and hearing. Kimbrough v. Barnett, 93 Tex. 301, 55 S. W. 120. A claimant for the office of superintendent of public schools of a city is under no necessity to present his claim to the state superintendent of public instruction before bringing suit for the office. Watkins v. Huff (Tex. Civ. App.) 63 S. W. 922. He is vested, by Sayles' Ann. Civ. St. art. 29386, with the power of bearing and determining all appeals from the hearings and decisions of subordinate school officers. 90 State v. Thompson, 38 Mo. 192. A superintendent continues in office until his successor is duly appointed and elected. 91 Brown v. Cline, 62 N. J. Law, 489, 41 Atl. 690. 92 State v. Westerfield, 24 Nev. 29, 49 Pac. 554. 93 See Minn. Rev. Laws 1905, §§ 1373 et seq. § 1077. County superintendents; term of office. Powers. The term of office and qualifications * and the manner of elec tion or appointment 5 of county superintendents of public schools and compensation 96 are also designated by law. They are usually vested with the duty of visiting and instructing schools under their charge and in their respective counties at least once in each school term; in some states supervising and apportioning school moneys for use, and controlling in a general way the discipline and management of the public schools within their jurisdiction. The duties also devolve upon them in their discre 97 94 State v. Shaver, 54 Ala. 193. The removal of a county superintendent is discretionary with the state superintendent. People v. Mayes, 117 Ill. 257. A superintendent should be removed from office for a palpable violation of law or omission of duty. Repeated intoxication when attending to duty brings one within the operation of the statute and the removal may be made without written charges and without notice. Howard v. Cornett, 8 Ky. L. R. 52, 1 S. W. 1; People v. Howlett, 94 Mich. 165, 53 N. W. 1100. A high school is not a college or university within the meaning of public acts 1891, No. 147, § 3, which provides that graduates of such institutions shall be eligible to the office of county commissioner of schools. Wynn v. State, 67 Miss. 312, 7 So. 353; Burnham v. Sumner, 50 Miss. 517; Com. v. Wickersham, 90 Pa. 311. 95 State v. Edwards, 114 Ind. 581, 16 N. E. 627; State v. Vanosdal, 131 Ind. 388, 31 N. E. 79, 15 L. R. A. 832; Pickett v. Harrod, 86 Ky. 485, 5 S. W. 473; Johnson v. De Hart, 72 Ky. (9 Bush.) 640. Judges of the county court may elect the commissioner of common schools either by ballot or viva voce. Reed v. School Committee of Deerfield, 176 Mass. 473, 57 N. E. 961. Certain towns are authorized by statute 1898, c. 466, § 1, to unite for the purpose of employing a superintendent of schools. Wynn v. State, 67 Miss. 312, 7 So. 353; Frans v. Young, 30 Neb. 360; People v. Board of Education, 55 App. Div. 295, 66 N. Y. Supp. 963. City superintendent of schools appointed by board of education. State v. Crumbaugh, 26 Tex. Civ. App. 521, 63 S. W. 925; Williams v. Clayton, 6 Utah, 86, 21 Pac. 398. 96 Garfield County Com'rs V. White, 16 Colo. App. 516, 66 Pac. 682; State v. Heinrich, 11 N. D. 31, 88 N. W. 734; Stevens v. Campbell, 26 Tex. Civ. App. 213, 63 S. W. 161; Clarke v. Milwaukee County, 53 Wis. 65; Houser v. Orangeburg County, 59 S. C. 265, 37 S. E. 831; Geraghty v. Ashland County, 81 Wis. 36, 50 N. W. 892. 97 Gridley School Dist. v. Stout, 134 Cal. 592, 66 Pac. 785. A county superintendent is not liable in an action for tort for erroneously turning over an unused balance to the credit of the school district. School Dist. No. 13 v. State, 15 Kan. 43; Simmons v. Holmes, 49 Miss. 134. 98 Catlin v. Christie, 15 Colo. App. 291, 63 Pac. 328; State v. Sherman, 99 tion of organizing and conducting teachers' institutes or teachers' associations, advising teachers and school boards in regard to the best methods of administration or instruction,100 the most approved plans for building, improving and ventilating school houses, and of adapting them to the convenience and healthful exercise of pupils;101 approving school house sites;102 stimulating school officers to the prompt and proper discharge of their duties; receiving and filing reports of subordinate officials required by law to be made,103 and making reports to the state superintendent containing an abstract of the various information received by them and a written statement of the condition and prospect of the schools under their charge and such other matters as they may deem proper or as may be legally called for by the state superintendent or other officials.104 The county superintendent is usually also charged with the duty of holding teachers' examinations at convenient places in his county upon such notice as may be prescribed.105 These examinations are ordinarily of a uniform character throughout the state and determine the educational qualifications of applicants for teachers' certificates.100 90 Ind. 123; Sioux City School Dist. Tp. v. Pratt, 17 Iowa, 16. Allowing an appeal from a board of school directors to the county superintendent does not clothe the latter with V. judicial powers. Shelbourne Blatterman, 20 Ky. L. R. 1730, 49 S. W. 952; Smythe v. Lapsley, 23 Ky. L. R. 1065, 64 S. W. 733. Removal of trustees for misfeasance in office is void without notice. Macfarland V. Gloucester City Board of Education, 45 N. J. Law, 100. 99 Murray v. Clay County Sup'rs, 81 Ill. 597. One must be authorized by the county board of commissioners. 100 Barry v. Goad, 89 Cal. 215, 26 Pac. 785, reversing 24 Pac. 1023; Howard v. Forrester, 109 Ky. 336, 59 S. W. 10. 101 School Dist. No. 1 v. Jamison (Ky.) 15 S. W. 1. 102 State v. Wilson, 149 Ind. 253, 48 N. E. 1030. See, also, §§ 1084, etc. 103 See Minn. Rev. Laws 1905, §§ 1379 et seq. 104 Young v. State, 138 Ind. 206, 37 N. E. 984; Yeager v. Gibson County Com'rs, 95 Ind. 427. A county superintendent is not entitled to special compensation for making reports to the bureau of statistics as required by law. Louisville School Board v. Superintendent of Public Instruction, 102 Ky. 394, 43 S. W. 718; State v. Sweeney, 24 Nev. 350, 55 Pac. 88. A county superintendent is authorized to make an accurate census of the number of children in his county. 105 Farrell v. Webster County, 49 Iowa, 245; State v. Board of Education, 73 Minn. 375, 76 N. W. 43. 100 Steinson v. Board of Education of New York, 49 App. App. 143, |