SEC. 2750. Special meeting. The board of directors may call a special meeting of the voters of any school corporation by giving notice in the same manner as for the annual meeting, whenever the corporation has lost the use of a schoolhouse by fire or otherwise, which shall have the powers given to a regular meeting with reference to the sale of school property and the application to be made of the proceeds, and to vote a schoolhouse tax for the purchase of a site and the construction of a necessary schoolhouse, and for obtain. ing roads thereto. [24 G. A., ch. 21; 18 G. A., ch. 84.]

SEC 2751. Subdistrict meeting. The meeting of the voters of each subdistrict of a school township shall be held annually on the first Monday in March, and shall not organize earlier than nine o'clock A. M., nor adjourn before twelve o'clock M. Notice in writing of the time and place of such meeting and the amount of schoolhouse tax to be voted shall be given by its director, or if there is none by the school township secretary, by posting in three public places in the subdistrict for five days next preceding the same. The voters shall select a chairman and secretary of the meeting who shall act as judges of election, and shall also elect a director for the subdistrict by ballot. The vote shall be canvassed by the judges of election, and the person receiving the highest vote shall be declared elected. [22 G. A., ch. 51; 18 G. A., ch. 7, § 1; C. '73, §§ 1718-19, 1789; R., §§ 2030-1; C. '51, § 1111.]

upon that subdistrict alone, even the voters should recognize the vested right of the subdistrict to retain such property and to enjoy its use.

19. If it is desired to move the schoolhouse out of the subdistrict the voters of the school township must first so order at the annual meeting. Decisions, 13. 20. It is the exclusive province of the courts to determine questions with relation to any vote at a school meeting, or with relation to the choice of members of the board or of officers of the board. Notes 12 to 16 inclusive, to section 2758. SECTION 2751. 1. The object is to prevent a few designing persons from meeting at an unusual hour, dispatching the business with unseemly haste, and adjourning before many of the electors arrive. The meeting should be conducted with entire fairness, and an opportunity given for an expression of the real sentiment of the subdistrict.

2. The law contemplates a continuous session of at least three hours.

3. If subdistrict boundaries are in controversy by way of appeal, the election for directors should be made on the basis of the status of the subdistricts on the day of election.

4. In case there is no director, the above notice must be given by the secretary of the school township. It must be posted five days previous to the meeting, in at least three public places in the subdistrict. The notice should designate the hour of meeting, which cannot be earlier than 9 o'clock A. M. Form 13.

5. Even if the notice of the meeting required by the law has not been given, the voters are not released from their duty to hold the subdistrict meeting at the usual time and place. When they are assembled it may be found that important business will be brought before them.

6. This section clearly provides how a tie vote shall be decided. If more than two persons have each an equal number of votes, the same rule will apply. 7. The chairman and the secretary are not required to qualify.

8. A judge of election is entitled to his vote as much as any other elector. 9. No minor, nonresident, nor alien can take part in a meeting of voters. 10. If the voters desire to hold a caucus, it should be done before the subdis trict meeting is called to order.

SEC. 2752. Number of directors. The board of directors of a school township shall be composed of one director from each subdistrict. But when there are only two subdistricts a third director shall be elected at large by all the voters of the school township. When the school township is not divided into subdistricts, a board of three directors shall be elected at large, on the second Monday in March, by all the voters of the school township. [15 G. A., ch. 27; C. '73, §§ 1720-1; R., §§ 2031, 2035, 2075-6; C. 51, §§ 1112, 1721.] SEC. 2753. Special schoolhouse tax. At the annual subdistrict meeting, or at a special meeting called for that purpose, the voters may vote to raise a greater amount of schoolhouse tax than that voted by the voters of the school township, ten days' previous notice having been given, but the amount so voted, including the amount voted by the school township, shall not exceed in the aggregate the sum of fifteen mills on the dollar. The sum thus voted shall be certified forthwith by the secretary of said subdistrict meeting to the secretary of the school township, and shall be levied by the board of supervisors only on the property within the subdistrict. [C. '73, § 1778; R., §§ 2033–4, 2037, 2088.]

SEC. 2754. Elections in independent districts-tie vote. At the annual meeting in all independent districts members of the board shall be chosen by ballot. In any district including all or part of a city of the first class, or a city under special charter, the board shall consist of seven members, three of whom shall be chosen on the second Monday in March, 1898, two on the second Monday in 11. The selection of a director should be a matter of great care. As he may receive no compensation from the district, he should be a person whose interest will lead him to be a frequent visitor of the school, and who will see that the schoolhouse is provided with all that will add to the comfort of the teacher and scholars and promote the highest welfare of the school.

12. A member or officer of the board must have the qualifications of an elector, if a male, but no person is ineligible to any school office by reason of sex.

13. The polls for the election of a director for the subdistrict must be kept open at least two hours. Section 2754.

14. Only one ballot may be taken for the election of director, and the person receiving the greatest number of votes is elected, even though he has not received a majority of all the votes cast.

15. Persons elected subdirectors in March, 1896, for three years, will hold as directors until their term of office expires, in March, 1899.

16. The school township may simply be requested, by the voters of the subdistrict, to build a schoolhouse, without asking for a definite amount of money. 17. The subdistrict voters may vote a tax for schoolhouse purposes and certify the same to the school township meeting. Form 14. Whatever portion of this gum the township voters vote will be levied upon the entire school township.

SECTION 2752. The board of a school township cannot consist of less than three members. If there are two subdistricts, the director from the school township at large should be voted for at both meetings, and to avoid confusion, tickets should specify: For director, A. B.; for director at large, C. D.

SECTION 2753. The vote should be certified to the secretary of the school township. Forms 14 and 16.

SECTION 2754. 1. Any election by the people must be held on the day desigrated, and officers must be elected by a single ballot.

2. The practice of taking an informal ballot for the purpose of placing persons in nomination is not to be commended. Such nominations should be made outside the meeting, or at least before the meeting is organized.

In all

March, 1899, and two on the second Monday in March, 1900. other independent city or incorporated town districts the board shall consist of five members, one of whom shall be chosen on the second Monday in March, 1898, two on the second Monday in March, 1899, and two on the second Monday in March, 1900. In all rural independent districts the board shall consist of three members, one of whom shall be chosen on the second Monday in March, 1898, and one each year thereafter. In districts composed in whole or in part of cities or incorporated towns, a treasurer shall be chosen in like manner, whose term shall begin on the third Monday in March and continue for one year, or until his successor is elected and qualified. The term of office of the incumbent treasurer in said districts shall expire on the third Monday in March, 1898. In such districts the polls must remain open not less than five hours, and in rural independent districts and school townships not less than two hours. In each case the polls shall open at one o'clock P. M., except as provided in section twenty-seven hundred and fifty-six of this chapter. A tie vote for any elective school office shall be publicly determined by lot forthwith, under the direction of the judges. [22 G. A., ch. 51; 18 G. A., ch. 7, § 2; C. '73, §§ 1789, 1808.]

SEC. 2755. Election precincts-register of voters-notice. Each school corporation having five thousand or more inhabitants may be divided into not more than five precincts, in each of which a poll shall be held at a convenient place, fixed by the board of directors, for the reception of the ballots of voters residing in such precinct. A separate register of the voters of each precinct shall be prepared by the board from the register of the electors of any city included within such school corporation, and for that purpose a copy of such register of electors shall be furnished by the clerk of the city to the board of directors. Before each annual meeting these registers shall be revised and corrected by comparison with the last register of elections of such cities, and shall have the same force and effect at school meetings held under this section, in respect to the reception of votes thereat, as the register of election has by law at general elections; but nothing in this section shall be construed to prohibit women from voting at all elections at which they are entitled to vote. The secretary must post a notice of the meeting in a public place in each precinct at least ten days before the meeting, and by publication for two weeks preceding the same in some newspaper published in the corporation, such notice to state the time, respective voting precincts and the polling place in each precinct, and also to specify what questions authorized by law, in addition to the election of director or directors, shall be voted upon and

3. In all cases, it would be well for the ballot to state the term voted for, in connection with the name of the person.

4. All vacancies should also be filled by election, and the ballot should designate the vacancy to be filled, and the persons so elected hold for the remainder of the unexpired term.

5. This section clearly provides how a tie vote shall be decided. If more than two persons have each an equal number of votes, the same rule governs.

6. There is no provision of law by which judges at school elections may receive pay. Note to section 2756.

SECTION 2755. No registration of voters shall be required for school elections, except as provided in this section. Code, section 1078.

determined by the voters of the several precincts. [18 G. A., ch. 8, 88 1-4.1

SEC. 2756. Conduct of elections. As judges of the election referred to in the preceding section, the board shall appoint one of its number and two voters of the precinct, one of whom shall act as clerk, who shall be sworn as provided in case of a general election. If any person so appointed fails to attend, the judge or judges attending shall fill the place by the appointment of any voter present, and like action shall follow a refusal to serve or to be sworn. Should all of the appointees fail to attend, their places shall be filled by the voters from those in attendance. The board shall provide the necessary ballot box and poll-book for each precinct, and the judges shall make and certify a return to the secretary of the corporation of the canvass of the votes for office and upon each question submitted. On the next Monday after the meeting the board shall canvass the returns made to the secretary, ascertain the result of the voting with regard to every matter voted upon, declare the same, cause a record to be made thereof, and at once issue a certificate to each person elected. At all meetings held under this and the next preceding section, the polls shall be kept open from nine o'clock a. M. until seven o'clock P. M. [Same, §§ 5, 6.]

SEC. 2757. Meetings of directors-election of officers. The board of directors shall meet on the third Monday in March and September, and may hold such special meetings as may be fixed by the board or called by the president, or the secretary upon the written request of a majority of the board, upon notice specifying the time and place, delivered to each member in person, but attendance shall be a waiver of notice. Such meetings shall be held at any place within the civil township in which the corporation is situated. At the regular March meeting the board shall organize by the elec tion of a president from its members, who shall be entitled to vote as a member. At the regular September meeting it shall elect from outside the board a secretary and a treasurer, except as provided in section twenty-seven hundred and fifty-four of this chapter, but in independent districts no teacher or other employe of the board shall

SECTION 2756. There is no provision for paying a judge or a clerk at a school election, nor may any other expense of such election be paid from school funds, except that a ballot box and the necessary poll-book shall be provided in each precinct of districts having 5,000 and over.

SECTION 2757. 1. It is quite customary for the outgoing board to meet on the third Monday in March and complete all its work, and for the new board to organize immediately thereafter. The legality or propriety of such action has never been questioned.

2. If the president is unwilling to call a special meeting in compliance with a request from members, then a majority of the board may cause a notice of the meeting to be given, signed by the members who desire to have the meeting called, which written notice should be by the secretary handed to each member of the board and to the president.

3. As the law is silent with regard to the length of time notice should be given before the time of meeting, it is taken for granted the law intends that a reasonable notice as to time shall be given. What such reasonable notice is must be determined for each locality by the conditions.

4. If a school officer habitually or wilfully neglects his duty, and the public good suffers by such negligence, a court may compel him to attend to the necessary duties of his office or to resign. 50 Iowa, 648.

be eligible as secretary. Upon the organization of any corporation the board shall elect a secretary to hold until the September meeting following. All such officers shall be elected by ballot, and the vote shall be recorded by the secretary. [18 G. A., ch. 176; 15 G. A., ch. 27; C. '73, §§ 1721-2; R., §§ 2035-6, 2076; C. '51, § 1721.]

SEC. 2758. Qualification of directors-vacancies. Any member of the board may administer the oath of qualification to any member elect, and to the president of the board. Each director shall qualify on or before the third Monday in March by taking an oath to support the constitution of the United States and that of the state of Iowa, and that he will faithfully discharge the duties of his office; and shall hold the office for the term to which he is elected, and until a successor is elected and qualified. In case of a vacancy, the office shall be filled by appointment by the board until the next annual meeting. [C.'73, §§ 1752, 1790; R., §§ 2032, 2079; C.'51, §§ 1113, 1120.]

5. This section authorizes boards to hold meetings in any district within the same civil township.

6. There is no provision of law that will prevent a board from transacting business upon any other day except Sunday.

7. If the board fails to elect a president, a secretary, or a treasurer, upon the day fixed by law or at a meeting adjourned from that day to a day certain, then the incumbent may qualify anew and hold the office for another year. 75 Iowa, 196. But in order that a president may thus hold over, his term as a member of the board must also continue.

8. No person may hold two offices of the board at the same time.

9. No one may be compelled to qualify as a member or officer of the board. 10. Any duty imposed upon the board as a body must be performed at a regular or special meeting, and made a matter of record. 47 Iowa, 11.

11. The consent of the board to any particular measure, obtained of individual members when not in session, is not the act of the board, and is not binding upor the district. 67 Iowa, 164.

12. The board may receive and act upon communications from persons selected outside the board to report upon matters referred to such persons as a committec. 13. An official trust cannot be delegated. Neither the board nor any member may appoint a substitute to perform the official duties of a member or of the board. 14. Where the law requires a certain duty to be performed by the board upon a fixed day, and does not expressly forbid its performance later than the date mentioned in the law, as for instance the election of a secretary and a treasurer, an adjournment of the meeting to another fixed date will allow the transaction of the business directed to be done on the day of the regular meeting. 75 Iowa, 19€. SECTION 2758. 1. Any school director is authorized to administer to a school director elect the official oath required by law, but the secretary cannot admirister this oath unless he is one of the many officers empowered by law to administer oaths.

2. The president of the board must take the oath of office according to article 11, section 5, of the constitution of Iowa.

3. A director elect may take the oath of qualification at any time between the day of election and the close of the third Monday in March. 53 Iowa, 687. 4. In case a director elect fails to qualify by the close of the third Monday in March, the incumbent may continue in office and should qualify anew. Codo section 1265.

5. If a person is elected as his own successor and fails to qualify on or before the third Monday in March, a vacancy exists which is filled by appointment.