or confirmed by a formal vote. Any reasonable rule adopted by a superintendent, or a teacher merely, not inconsistent with some statute or some other rule prescribed by higher authority, is binding on the pupils; Fertich v. Michener, 111-481.

4444. General duties. A township trustee has no power, by any form of obligation, to bind the corporation of which he is the agent or trustee, by contract, for school supplies, unless supplies suitable and reasonably necessary have been actually delivered to and received by the township; State, ex rel. v. Hawes, 112-326. Therefore, a township is not liable on a certificate issued by its trustee for school supplies contracted for by him for future delivery, which supplies, although suitable, are not needed in the township schools and which the township refuses to accept. Moreover, in such a case the delivery of the goods contracted for to a railroad company by the vendor is not such a delivery as is required to constitute a liability of the school township on a contract made by its trustee without any authority. Liability in such case can be based only on an actual acceptance and appropriation of the articles contracted for; Boyd v. Mill Creek etc., 114-211.

A township trustee can not contract a debt for school supplies unless supplies suitable and reasonably necessary for the township have been actually delivered to and accepted by the township; State, ex rel. v. Hawes, 112–327.

All persons who deal with a trustee of a school township are charged with notice of the scope of his authority and that he can bind his township only by such contracts as the statute authorizes. Such a trustee has no authority under this sectionor under any other law of this state- to purchase, at the expense of the township, text books for the use of pupils attending the public schools of the township. It is going to the very border line to construe this section as authorizing the purchase of maps, charts and other like articles and apparatus and books of reference, but no person being required to furnish such common property, they can only be supplied by the trustee; Honey C. S. Tp. v. Barnes, 119-215.

4446. Joint graded schools. This section authorizes the trustees of two or more distinct municipal corporations for school purposes, to establish joint graded schools. It further empowers them to purchase suitable grounds for such schools and to erect suitable buildings thereon, the title to such property to vest, jointly, in the corporations establishing such graded schools. The statute constitutes the trustees the judges of the propriety and advisability of establishing such schools and of purchasing real estate for that purpose; wherefore, in an action on a note given for the purchase money of land by the trustees of two townships for the purposes of a joint graded school the advisability or necessity of the school at the time of the purchase can not be inquired into. The purchase would be valid and binding although the purpose of establishing and conducting the school should afterward be abandoned. So, also, if a trustee had a fraudulent purpose in purchasing the property, if the sale was made in good faith by the vendor and the property was taken possession of by the township and retained, a recovery on the note, for the purchase money, can not be defeated; Craig S. Tp. v. Scott, 124-74.

This section stands alone as to the subject to which it relates. In construing it courts are, of necessity, confined to the phraseology which has been employed to convey knowledge of the legislative intention. Construed from this point of view the evident intention was that the school trustees shali act as individual trustees and not as a unit represent their respective corporations, in establishing "graded schools, or such modifications of them as may be practicable, and provide for admitting in to the higher departments of their graded schools, from the primary schools of their corporations, such pupils as are sufficiently advanced for such admission." So that a majority of the whole board of trustees, whether such majority comes from one corporation entirely or from the different corporations interested, shall have power to transact any and all business relating to such joint graded school. This does not overlook the provision of the clause of the section that the title to the property ac quired for such school use shall vest jointly in the corporations establishing the school. The money is furnished by the respective corporations, the property belongs to them and the title should be held by them. This, however, indicates nothing as to the management of the affairs of the school, which in no degree depends on the fact as to the tenure of the title to the property of the school house; Han. S. Tp. v. Gant, 125-560.

7691. Commissioners on text books - Duties. stitutional provision directed against monopolies.

This statute is not within the con-
It designates as the standard for

the guidance of the state board of education certain books, requires that the books furnished for the use of the school shall be equal in merit to those named, requires the board to advertise for proposals to furnish the books in each of the five large cities of the nation and requires the board to award the contract to the lowest bidder. The object, as shown by the whole act, is to secure books for the public schools, by means of open competition after full notice. There is no exclusion of bidders, no limitation of the right to furnish school books to any class; on the contrary, all who are prepared to supply such books as the statute makes the standard are invited to compete. No special privilege is given to any one, no right denied to any one, for all are invited to enter the field as competitors; State, ex rel. v. Haworth, 122-470; Board etc. v. Johnson, 124-148.

7700. County superintendents' special bond. Under this section all county superintendents of schools elected after the passage of the act must file a special bond within thirty days after their election. Superintendents who were elected prior to the time the statute took effect were allowed thirty days after the issue of the governor's proclamation in which to file such bond, but only they. It does not, however, result that a superintendent lost his title to the office to which he was elected and into which he had been inducted by failing to file such bond. Statutes requiring official bonds to be filed within a designated time are directory-not mandatory—and unless the filing of the bond within a limited time is, by the statute, made a condition precedent to the right to the office, the failure to file it within the time prescribed will not work a forfeiture of the right to the office or create a vacancy. So, where an officer is rightfully in office and there is a fair question as to the time within which he is, by law, directed to file a special bond, in order to entitle him to continue in office, in respect of whether it begins to run from the date of his election or on the happening of a future event - in this case the issuance of the governor's proclamation - and he files a bond within the time designated after such event does happen, a declaration that he has vacated the office, made without a hearing, does not oust him; Board etc. v. Johnson, 124-149.

June 3, 1889, J. was elected a county superintendent of public schools, for the term of two years; he qualified June 14. June 20 the board of county commissioners declared the office vacant because of the failure of J. to file the special bond required by this section. August 12, 1889, J. presented the required bond, but the board refused to accept it. J. continued to discharge the duties of the office, but the commissioners rejected his claim for compensation. During September, 1889, the board appointed C. to the office; he accepted and qualified. J. appealed from the decision of the board to the circuit court in respect of its refusal to act on and accept his bond, as stated, and judgment was rendered in his favor. The rejection of the bond operated to bring in question the right to the office held by J. and the board did declare the office vacant. This question of whether the office was or was not vacant is a judicial question and an appeal lies; Board etc. v. Johnson, 124--146.

T. was elected county superintendent of schools, in Warrick county, by the trustees of the townships of the county June 3, 1889. He, immediately, filed his official bond, which was approved by the county auditor, subscribed the oath of office and entered on the discharge of the duties thereof. He did not file the bond required by this statute, acting under the belief that it was not necessary to file such bond until after the governor of the state should issue his proclamation, as provided for in this section. The proclamation was issued July 29, 1889, and August 9, 1889, he tendered to the board of county commissioners a sufficient bond, complying with the terms of this section, and demanded its approval, which was refused. He instituted suit, to compel, by writ of mandate, the approval of the bond so tendered. Having been duly elected and having qualified and being in the possession of the office discharging its duties no collateral attack can be made on his title to the office. The certificate of election issued to him and his qualification as county superintendent bar all inquiry into his right to hold the office, except in a direct proceeding for that purpose (Parmater v. State, ex rel., 102-90). It follows that an answer alleging that T. was elected by means of a corrupt agreement entered into between the county auditor and T. is bad; State, ex rel. v. Board etc., 124-554.

ARTICLE 7- SCHOOLS AND SCHOOL HOUSES.

4517. Site for school house. The policy of the school law is to leave the question as to the location of a township school house and the acquisition of land for school

house purposes to the township trustee. The statute does not provide for the trial of any such question on an application of the trustee to acquire land on which to erect the house. By the statute the method of trying such questions is by appeal to the county superintendent; Braden v. M'Nutt, 114-215.

ARTICLE 10-GENERAL PROVISIONS.

4537. Appeals from township trustees. On an application by the trustee to a circuit court, for an order to acquire land for school house purposes, questions as to the location of the house are not in issue. Such questions are to be tried only by appeal to the county superintendent, under this section; Braden v. M'Nutt, 114-215.

AN ACT to amend section one (1) of an act entitled "An act to amend section 4 of an act (entitled an act to amend an act entitled 'An act to create a State Normal School, and declaring an emergency,' approved December 20, 1865, and adding supplemental sections thereto and providing for certain appropriations.") Approved March 5, 1873, and of the Revised Statutes, section 4556, and to repeal all laws in conflict therewith," approved March 2, 1883. [Approved and in force March 6, 1891; S., 1891, p. 311.

7753. [4556] Fund, how made up. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That section 4 of the above entitled act be amended to read as follows: The superintendent of public instruction shall, in his next apportionment of school revenue for the state, deduct fifteen thousand dollars; and semi-annually thereafter he shall deduct the same amount, which shall be set apart and be known as the normal school fund. These moneys shall be paid out only on the warrant of the auditor of state, drawn upon the order of the board of trustees of said normal school.

7754. Emergency. § 2. Whereas an emergency exists for the immediate taking effect of this act, it shall, therefore, take effect and be in force from and after its passage.

AN ACT entitled "An act prescribing the number of trustees of the Indiana University and the manner of their election, and declaring an emergency.' ." [Approved and in force March 3, 1891; S., 1891, p 65.

7755. University trustees - Terms expire, when-Election. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That the trustees of Indiana University shall hereafter be elected for such terms of service, and in such manner as is herein provided, and the terms of service of the trustees now in office, and of those hereafter elected, shall expire on the first day of July of the year in which such terms are to end. 7756. Election of 1891. § 2. Successors to three trustees whose terms of service expire in the year eighteen hundred and ninety-one (1891) shall be elected by the alumni of the university at the college commencement of the year 1891; one of the trustees so elected shall serve for one year, one for two years, and one for three years. At the first meeting of the board of trustees after July 1, 1891, the several terms of service of such three trustees shall be determined by lot. At the annual commencement of the year in which their terms expire successors to such three trustees shall be elected by the alumni of the university, each to serve for three years. When vacancies in the board of trustees arise from the death, resignation, removal from the state, expiration of term of service, or otherwise, of any of the three trustees to be elected in 1891, or of any of their successors, such vacancies shall be filled by the alumni.

7757. Elections of 1893, 1894-Vacancies. §3. Successors to the two trustees whose terms of service expire in 1893 shall be elected by the state board of education and one of such two successors shall be elected for a term of two years, and the other for a term of three years. Successors to the three trustees whose terms expire in 1894 shall be elected by the state board of education, one for a term of two years, and the other two trustees for terms of three years. Successors to the five trustees herein provided to be elected by the state board of education, shall be elected by said state board of education, each trustee so elected to serve for three years: Provided, that trustees elected by the alumni or the state board of education, to fill vacancies caused otherwise than by expiration of terms of service, shall be elected for such unexpired terms only. When vacancies in the board of trustees arise from the death, resignation, removal from the state, expiration of term of service, or otherwise, of any of the five trustees or their successors herein provided to be elected by the state board of education, such vacancies shall be filled by said state board of education.