idated District has been dissolved, shall be re-distributed by the County Superintendent to the school districts which are created from the dissolved Consolidated School District in the same ratio as such property was acquired; provided, however, that such property as formerly belonged to the districts composing such Consolidated School District, shall be returned to the districts that previously owned it.

Section 5. Provided, however, that in any consolidated district in which there is an incorporated town or city and which consolidated district comes under the provisions of Section 1 of this Act, the several original districts embraced in such consolidated district may vote separately upon the question of abandonment, provided none of the common school districts embraced therein have been divided in forming such consolidation and an election may be called and held simultaneously in each of such districts and each of such districts upon the filing of a petition containing the percentage of signatures for each district as provided in Section 2 of this Act with the County Superintendent of Schools. Upon the filing of such petition it shall be the duty of the County Superintendent of Schools to call the election in the several original districts of such consolidated district to vote upon the question of abandonment. Upon the filing of such petitions the County Superintendent of Schools shall provide for the registration of electors in each of said original districts by appointing a Board of Registration in and for each District. The calling of the election in each district as above provided shall be governed by Section 2 of this Act and upon the holding of such election and the canvass of the vote by the County Superintendent of Schools if it shall be found that seventy-five per cent of all of the electors of the original common school district embraced within such Consolidated District vote for abandonment; then such consolidated district shall be dissolved and each district shall be reinstated as it originally existed prior to consolidation and property returned as provided in Section 4 of this Act.

Section 6. All Acts or parts of Acts in conflict herewith are hereby repealed.

Section 7. Whereas, this Act is necessary for the immediate support of the State Government and its existing public institutions, an emergency is hereby declared to exist and this Act shall be in full force. and effect from and after its passage and approval.

Approved March 14, 1921.

CHAPTER 203.

(S. B. 29)

RELATING TO INSTRUCTION IN OTHER THAN THE ENGLISH LANGUAGE.

AN ACT Entitled, An Act Relating to the Branches Taught in the Public, Private, and Parochial Schools of the State of South Dakota, the Use of the English Language Therein, Prohibiting the Substitution of Any Other Language for the Teaching of the Subjects Now Required by Law to be Taught in English and the Use of the Public School Houses and Other Public Buildings of the State for the Teaching of Other Than English Language, Except as Provided by, Law, and Providing Penalties for the Violation of the Act.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. It is the civic right of every child of school age to receive instruction in the subjects outlined in the State course of study

and mentioned in Chapter 168, Laws of 1919, in the English language, for a term provided in the State course of study and in the laws of the State until such child shall have completed the eighth grade; and it shall be unlawful for any person or persons to act, aid, assist, advise or be instrumental in abridging or attempting to abridge the privilege of any child to receive such instruction by substituting therefor instruction in some foreign language either by shortening the course of instruction in English in any school or by coercing, requiring or inducing any child to withdraw from a school in which instruction is given in English to attend a school in which instruction is given in any foreign language, or to establish a school in which instruction is given in any foreign language as a substitute for a school in which English is the sole medium of instruction.

Section 2. It shall be unlawful at any time during the months from September to May, both inclusive, for any person or persons or corporation to occupy or use any public school room or other public building in this state for the purpose of giving instruction in any foreign or ancient language or for teaching any subject, or subjects, in any excepting the English language except as permitted by the State course of study and in conformity with the provisions of Chapter 168 of the Session Laws of 1919; and it shall be unlawful during the time above specified for any school board or officer to authorize or permit the use of any public school room or other public building within this State for the purpose of teaching any foreign or ancient language or for the purpose of teaching any subject in such language contrary to the provisions of this section and of the laws threinbefore referred to. Provided that nothing herein contained shall be construed to interfere with religious exercises on days other than school days.

Section 3. Any person who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars and not exceeding five hundred dollars or imprisonment in the county jail for a period not less than thirty days, nor more than ninety days, or both such fine and imprisonment. Approved March 11, 1921.

CHAPTER 204.

(H. B. 318)

RELATING TO COUNTY HIGH SCHOOLS.

AN ACT Entitled, An Act Providing for the Establishment and Maintenance of County High Schools.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That county high schools may be established in any of the counties of this state in compliance with the following provisions:

No county high school shall be located within three miles of the corporate limits of a city having a population of fifteen hundred (1500) inhabitants or more, "and such city or the independent school district containing such city shall be exempt from the provisions of this Act." Provided, that any other independent district or consolidated school district maintaining a four year accredited high school shall be exempt

from the provisions of this Act and no tax for county high school purposes shall be levied upon the assessable property thereof except as hereinafter provided. In reckoning the population of towns and cities for the purpose of determining the provisions of this Act, the latest official figures of the United States Census Bureau shall constitute the basis. Provided further, that a county high school once established under the provisions of this Act shall not be dissolved on account of an increase in population or the extension of the territorial limits of the village, town or other municipal corporation in which it is situated.

Section 2. Whenever in the opinion of any of the citizens of any county residing outside the territorial limits of the districts exempted from the provisions of this Act, it shall be deemed wise to establish one or not to exceed two county high schools, a petition or petitions may be executed which shall designate the location of the county high school or high schools to be established; such petition or petitions may also state the amount of bonds to be issued, if any, for the erection of buildings. If such petition or petitions containing the properly verified signatures of twenty-five per cent of the qualified electors of the territory of such county to be included in the county high school district shall be filed with the County Auditor, the Board of County Commissioners shall at its next regular meeting following the presentation of the petition, consider such petition and shall submit the question of establishing and maintaining such county high school or high schools to the electors of such county within sixty days after such meeting. Such special election shall be held in the manner and upon the notice prescribed by law for general elections and the returns shall be made and canvassed in the same manner as provided by law for general elections. The published and posted notices of such election shall state the object of such election, the location of the proposed county high school or high schools, and shall also, if such is stated in the petition, state the amount of bonds if any, to be issued for the erection of school houses. If a majority of all the votes cast at such special election upon the question of establishing a county high school or high schools, is in favor of the establishment thereof, the proposition shall be declared carried and a county high school district duly created. The board of county commissioners shall forthwith instruct the county superintendent to proceed with the organization of the county high school board as hereinafter provided, and to notify the Superintendent of Public Instruction of the establishment of such county high school.

Provided, that if a regular general election shall occur within six months after the presentation of the petition, the question of the establishment of the county high school shall be submitted on a separate ballot at the regular general election.

Section 3. County High School Board.] The county high school board shall consist of the county superintendent of schools, one member appointed by the board of county commissioners, two members elected by the qualified voters of the county at the general election, and one resident freeholder of the county appointed by the State Superintendent of Public Instruction. The elected members shall serve for two years and shall qualify on the same day as other county officers. All vacancies on the county high school board shall be filled for the remainder of the unexpired term by the remaining members acting as the county high school board at the next session of the board after such vacancy occurs. The two appointed members shall also serve for a term of two years. The county superintendent shall be president of the county high school board, and the county treasurer shall act as treasurer of the

county high school board, and the board shall appoint one of its number to act as secretary, who shall receive such additional compensation as the board may determine, but such additional compensation shall not exceed One Hundred ($100.00) Dollars in any one year.

Section 4. Compensation of Members and Meetings of Board.] The president shall receive no per diem or other compensation as a member of the board, but may receive actual traveling expenses when away from the county seat on official business of the county high school board. The remaining members shall receive five dollars ($5.00) per day for each session attended and actual traveling and hotel expenses, payable from the funds of the county high school board in the same manner as prescribed for other county officials. The county high school board shall meet at the county seat or such other place within the county as may be determined by the board on the third Tuesday of the months of January, April, July and October, and at such other times as may be necessary on the call of the president of the board. Provided, that upon request of any three members of the board, the president shall call a meeting of the county high school board.

Section 5. Powers and Duties.] The county high school board shall have the same powers and perform the same duties as boards of education in independent school districts, insofar as is applicable. In addition it shall have power to provide a dormitory as hereinafter provided; to purchase land not to exceed forty acres to be used as agricultural experiment plots; to accept any grounds, buildings or moneys that any person, school corporation or municipal corporation may wish to donate for the purpose of maintaining or assisting to maintain a county high school; to rent such buildings or class rooms as may be expedient; to lease any room or rooms in the buildings under its supervision not in immediate use, to a school corporation or other persons for any purposes it may deem wise; to make such arrangements as may be just and equitable with any board of education or school board relative to providing instruction for the high school pupils of such district, in the county high school. It shall also have power to rent such rooms or buildings as may be necessary at various times to properly conduct the affairs of the county high school district and to perform such other acts as may be necessary in the management of the county high school.

The county high school board, shall, previous to August 1st of each year, make an estimate of the probable cost of maintaining the county high school for the ensuing year and shall submit the same to the county commissioners who shall levy a special tax for this purpose. The county commissioners shall levy such tax upon all the assessable property of the county except the taxable property within any school district maintaining a four year accredited high school, other than a county high school. Such tax for county high school purposes shall be computed, entered on the tax roll of the county and collected in the same manner as are other county taxes and the amount so collected shall be deposited in the county treasury and be known and designated as the county high school fund. The county treasurer shall pay out money from this fund only on warrants authorized by the county high school board, issued by the secretary and countersigned by the president of the board. The levy for maintaining county high schools shall not be less than one-half mill nor more than three mills on the dollar of the assessed valuation of the county.

Provided, that no bonds shall be issued under the provisions of this act in an amount in excess of one per cent of the total assessed valuation of all property with the county. Such bonds shall be in denomi

nations of not over one thousand dollars ($1,000.00) nor less than one hundred dollars ($100.00) and shall not run for a term of more than twenty (20) years and shall draw interest not in excess of seven (7) per cent. Said bonds may be issued in addition to all other bonds of the county.

The county high school board shall request the county commissioners at or before the time of issuing the bonds after the same have been voted to provide for the levy of an annual tax, sufficient to pay the interest and principal thereof when due, and all such levies when legally made shall be irrepealable until such debt shall be paid. Provided further, that such levy in a year shall not be greater than twenty per cent (20%) of the debt to be paid. The county high school board, may, in its discretion, instruct the county commissioners to purchase any of its outstanding bonds at their market value and pay for the same out of the sinking fund thereby created.

Provided further, that the funds thus provided for the maintenance and establishment of a county high school shall at no time be used for the maintenance or establishment of schools or grades of schools of rank below the eighth grade. Provided, that in all matters not especially covered by the provisions of this statute, such as issuing of bonds, the employment of teachers, and the course of study, the laws pertaining to and governing the management and control of the affairs of independent districts shall apply to the affairs of the county high school.

Any person being a resident of the county in which a county high school is maintained and holding an eighth grade diploma issued or endorsed by the county superintendent shall be entitled to attend the county high school without payment of tuition or other expense for instruction except laboratory fees, and fees for individual instruction outside the regular class hours of the school. Students who are not residents of the county in which the county high school is located may be admitted to such high school on payment of a tuition fee of not less than five ($5.00) dollars nor more than ten ($10.00) dollars per month, to be determined by the actual cost of instruction per pupil in the county high school. Provided, that no pupil from outside the county shall be accepted to the exclusion of any pupil resident of the county in which such county high school is located who is desirous of attending such high school.

Section 6. Additional Powers.] In addition to the powers already granted to the county high school board in this act, the county high school board may erect, purchase or lease one or more buildings to be used as dormitories for the accomodation of pupils in attendance at the county high school and of persons employed to teach therein and may furnish and equip the same from the high school funds of the county. It shall be the duty of the board to fix the rates, if any, to be charged students for rooms in the dormitories and to place in charge of each building used for dormitory purposes a competent and responsible person who shall act as matron and shall have charge of the conduct of the dormitory, subject to the rules and regulations of the board.

The county high school board may, if in its judgment it deems best, require any of its employees to give a bond to the county in the sum of one thousand ($1,000.00) dollars as surety for the proper care and use of such property of the county as may be entrusted to their care.

The board shall have further authority to purchase and supply in the manner deemed most efficient and economical, such groceries and food-stuffs and other supplies as may be necessary to furnish meals to the students, teachers and other employees of the county high school at