CHAPTER III. THE FIFTH LEGISLATURE (Continued).
Section 1. It shall be lawful, and the collectors of licenses of the several counties of this Territory are hereby authorized and directed to collect a license tax of not more than twenty nor less than five dollars, of any and all persons who shall keep a dance house within the limits of any town or village in this Territory, which license shall be collected for each night of dancing.
Sec. 2. All moneys collected under the provisions of this act shall be appropriated by the Supervisors of the respective counties, to grading and repairing of the streets of the town or village in which such license shall be collected.
At that time there was no mining camp, village or town in the Territory that was not enlivened after dark with the music of the dance, where the belles of the lower world held high carnival and the boys spent their time and money between dances on drinks.
An act concerning public highways and streets in towns having a population exceeding five hundred, provided for a street superintendent to be appointed by the Board of Supervisors, at such compensation as they might deem advisable to see that all the streets were properly laid out and graded. Under this act the street superintendent was empowered to compel any owner of any lot or lots to grade the same, or the streets in front thereof as he saw fit, and in case any owner should fail or refuse to comply with the provisions of the act in this respect, the street superintendent was empowered to bring suit before a justice of the peace of the county in which the said town was located, and upon conviction of such person or persons, he or they should be fined not less than ten nor more than a hundred dollars for each and every violation of the act. All fines collected were to be paid into the county treasury and all such moneys were to be applied by the Board of Supervisors to the purpose of repairing the streets or highways of the towns in which such fines were collected. Provision was made also for the redemption of the bonds of the Territory issued under an act approved November 9th, 1864, entitled "An Act to provide for the contingent expenses of the Territorial Government," and also for the payment of Territorial Warrants; also an act creating the office of Attorney-General of the Territory, defining his duties, and fixing his salary at $400 per annum.
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 Supervisors; 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 respective 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, recommend to the Legislature such alterations, revisions 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
Sec. 5. The Boards of Education in the several counties shall select a list of books for the different branches usually taught in Common 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 citizens thereof, and to furnish the County Recorder 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
Sec. 7. The several counties in this Territory shall, at their annual election, elect a competent 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 reasonable 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 allowance, 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 Superintendent until he shall have filed with the County Recorder a receipt from the County Board of
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 faithfully 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 second 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 apportion such amount to the several districts or parts
Sec. 11. It shall be the duty of the County Superintendents to visit all such common schools within their respective counties as shall be organized according to law, at least once each year, and oftener if they shall deem it necessary. At such visitations the Superintendents shall examine 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 regulation 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. 13. He shall hold a public examination 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 themselves 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 certificate 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 boundaries and stating the number thereof, and appointing a time and place for the district meeting. 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. 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 discharge 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 Superintendent 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 respective 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 district school has been taught during the year, the kind of text books used; and the amounts expended in each district, out of moneys raised for educational purposes, and for what purpose such amount was expended; the amounts raised
Fifth: To vote a tax annually, not exceeding 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.
Sec. 19. The following persons shall be entitled 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 challenge be not withdrawn, the chairman, who is hereby authorized, shall tender to the person offering to vote, the following oath or affirmation: ‘‘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
Sec. 21. Every school district shall be deemed duly organized when the officers constituting 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 provisions 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 annual 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 purposes, 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 contracted with, and holding such real or personal estate as it may come in possession of by will
Sec. 24. An annual meeting of the qualified 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 without 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 forming 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 annual meeting, or at any special meeting duly called, may determine the length of time a public school shall be taught in their district for the ensuing year, and whether such a school shall be
Sec. 27. The Director of each district shall preside at all district meetings, and shall sign orders drawn by the Clerk, authorized by a district 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, unless 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 meeting, 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. 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 teachers' wages, and apply such money to the payment of teachers' wages as shall have been employed 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 provisions 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, requiring said Treasurer to collect the same therein named.
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.
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 resident in the parts of the counties composing the district, and shall report to the County Superintendent of Common schools of each of the counties in which such district may be situated.
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 prosecute, 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, before 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 assessed 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.
Sec. 38. If any District Treasurer shall refuse or neglect to pay over any money in the hands of such Treasurer belonging to the district, 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 Treasurer, 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 district, and the disbursements made, and exhibit the vouchers thereof, which report shall be recorded 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 meeting, 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 district, and if necessary, execute a conveyance of
Sec. 42. The District Board shall have the care and keeping of the school house and other property belonging to the district. They shall have power to make such rules and regulations relating to the district library as they may deem proper, and to appoint some suitable person to act as librarian, and to take charge of the school apparatus belonging to the district.
Sec. 44. The District Board in each district shall have power to contract with and hire qualified teachers, for and in the name of the district, which contract shall be in writing, and shall specify the wages per week, or month, as agreed upon by the parties, and such contract shall be filed in the district Clerk's office; but no District Board shall have power to hire any person as a teacher, unless such person produce a certificate of qualification signed by the County Superintendent.
Sec. 45. The District Board shall provide the necessary appendages for the school house, during the time a school is taught therein, and shall keep an account of all expenses thus incurred, and present the same for allowance at any regular district meeting.
Sec. 48. In every school district there shall be taught: orthography, reading, writing, arithmetic, geography and English grammar if desired, during the time school shall be kept, and such other branches of education as may be determined by the District Board.
Sec. 49. The amount of district tax shall not exceed one and one-half per cent, per annum. It shall be the duty of the Board of Supervisors of each county in this Territory, at the time of making the annual assessment, to levy (in addition to the taxes already authorized by law to be levied) one-fifth of one per cent, on all the taxable property in each county in this Territory, for the support of public schools in each of said counties, to be collected at the time and (in) the manner prescribed by law for the collection of other taxes; said tax, when collected, shall be distributed to the several school districts in each county in proportion to the number of children over four and under twenty-one years of age therein; and shall be drawn from the County Treasury upon the order of the County Superintendent of Public Schools.
Sec. 51. All taxes raised and collected in any school district, for any of the purposes authorized in this act, shall be assessed on the same kind of property as taxes for county purposes are assessed.
Sec. 52. The Clerk of the school district, in making out any tax list, shall enter therein the names of all persons liable to pay a school tax, the amount of personal property to be taxed to each person, and a description of all taxable real estate in the district, distinguishing that owned by non-residents of the district, and he shall set opposite to each description of taxable property the valuation of the same, and the amount of tax charged upon such property, and to each person respectively, or tract of land owned by non-residents; and such description and valuation of taxable property shall be ascertained, as far as possible, from the last assessment roll of the County.
Sec. 53. Whenever any real estate in any school district shall not have been separately valued in the assessment roll of the county, and the value of such estate cannot be definitely ascertained from such assessment roll, the District Board of such district shall estimate the
Sec. 54. The warrant annexed to any tax list, shall be under the hand of the Clerk of the district, and shall command the Treasurer of the district to collect from each of the persons and corporations named in said tax list, the several sums set opposite their names, within forty days from the date thereof, and within twenty days from the time of receiving such warrant to personally demand such tax of the persons charged therewith and residing within his District; and that if any tax shall not be paid within twenty days thereafter, to collect the same by distress and sale of property in the same manner as the county taxes are collected; and the said Treasurer shall execute the said warrant and return the same to the Clerk at the expiration of the time limited therein for the collection of such tax list; provided, that when the owners of property within the district are non-residents, they shall be notified, by the Treasurer, if their place of residence is known, and if within the county they shall make payment within thirty days; if not within the county, but in the Territory, they shall pay within forty days, and if without the Territory they shall make payment within sixty days. Provided, further, that said Treasurer shall be entitled to collect two per cent over and above the sums to be collected in the tax list. And whenever the said Collector shall be compelled to resort to distress and sale of property to obtain any tax, he shall be entitled to, and may take out of the proceeds of such sale, in addition
Sec. 55. The warrant issued by the Clerk of any school district, for the collection of any district tax authorized by the provisions of this act, may be executed anywhere within the limits of the county; and such warrants shall have the like force and effect as a warrant issued for the collection of county taxes; and the Treasurer of the district, to whom any such warrants may be delivered for collection of a tax list, shall possess the like powers in the execution of the same as provided by law for the collection of county taxes.
Sec. 56. Whenever any error may be discovered in any district tax list, the district Board may order any money which may have been improperly collected on such tax list to be refunded, and authorize the Clerk of the district to amend and correct such error in said tax list.
Sec. 57. Whenever any district tax, lawfully assessed shall be paid by any person on account of any real estate whereof he is only tenant, such tenant may charge and collect of the owner of such estate, the amount of tax so paid by him, unless some agreement to the contrary shall have been made by the tenant.
Sec. 58. It shall be the duty of the teacher of every district school, to make out and file with the district Clerk at the expiration of each term of school, a full report of the whole number of scholars enrolled, distinguishing between male and female, the average number in daily attendance, the text books used, the branches
Sec. 59. Every Clerk of a District Board who shall wilfully sign a false report to the County Superintendent of his county, shall be deemed guilty of a misdemeanor, and punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding three months.
Sec. 60. Every school District Clerk or Treasurer, who shall neglect or refuse to deliver to his successor in office, all records and books belonging to his office, shall be subject to a fine not exceeding fifty dollars.
Sec. 61. When any kind of judgment shall be obtained against any school district, the District Board shall levy a tax on the taxable property in the district, for payment thereof; such tax shall be collected as other school district taxes, but no execution shall issue on judgment against a school district.
The word "members" in Sec. 10, is evidently a misprint for "numbers." Other sections of the act being crudely expressed, the meaning is vague and uncertain, but with all its defects this law was the foundation upon which was
This Legislature also passed an Act locating the Territorial Prison at or near the town of Phoenix in the county of Yavapai and Territory of Arizona, which act was approved December 7th, 1868. This law was never enforced.