The school law of West Virginia and opinions of the attorney-general and decisions of the state superintendent of free schools with explanations and forms

West Virginia. State Dept. Of Education, Thomas C Miller

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UC-NRLF 20 715 THE LAWSCHOOL OF WEST VIRGINIA 1903 ISSUED BY THE DEPARTMENT OF FREE SCHOOLS GIFT OF THE LAWSCHOOL WEST VIRGINIA AND of the and Decisions of the StateOpinions Attorney-General of Free SchoolsSuperintendent WITH EXPLANATIONS AND FORMS REVISED AND ARRANGED BY THOS. C. MILLER, STATE SUPERINTENDENT OF FREE SCHOOLS CHARLESTON : THE TRIBUNE PRINTING COMPANY, K PROVISIONSCONSTITUTIONAL RELATING TO THE SCHOOL SYSTEM OF WEST VIRGINIA IVARTICLE Oath of office Prosecuting Attorneys,indict-Se?t to ment. the Circuit and of the and all otherCounty Courts, shall be to indictment for mal-county officers, subject or of official and onfeasance, misfeasance, neglect duty, conviction their offices shall become vacant.thereof, I. I am inclined to the that the words "all otheropinion county inofficers," as used this section, include members of boards of educa- are elected in districts. This is no meanstion, although they by however. This section is in force exclear, proprio vigore and needs no additional legislation. Alfred Caldwell, Attorney-General. ARTICLE X Capitation 2. The shall an annual taxLegislature levy capitationtax. of dollar each male inhabitant of the Stateone upon who has of whichattained the age twenty-one years, shall be to the of Freeannually appropriated support Schools. Persons afflicted with bebodily infirmity may from this tax.exempted " > Jeg ^ m ^he ower ^ taxation of shalltheP LegislatureS?atSre to levy.

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Jeg ^ m ^he ower ^ taxation of shalltheP LegislatureS?atSre to levy." />

UC-NRLF
20 715
THE
LAWSCHOOL
OF
WEST VIRGINIA
1903
ISSUED BY THE
DEPARTMENT OF FREE SCHOOLSGIFT OFTHE
LAWSCHOOL
WEST VIRGINIA
AND
of the and Decisions of the StateOpinions Attorney-General
of Free SchoolsSuperintendent
WITH EXPLANATIONS AND FORMS
REVISED AND ARRANGED BY
THOS. C. MILLER,
STATE SUPERINTENDENT OF FREE SCHOOLS
CHARLESTON :
THE TRIBUNE PRINTING COMPANY,KPROVISIONSCONSTITUTIONAL
RELATING TO THE
SCHOOL SYSTEM OF WEST VIRGINIA
IVARTICLE
Oath of office<
5. elected or toEvery person appointed any office,
orbefore to exercise the authority, dischargeproceeding
the duties shall make oath or affirmation that hethereof,
will the Constitution of the United States andsupport
the Constitution of this and that he willState, faithfully
histhe duties of his said office to the best ofdischarge
orskill and and no otherjudgment; oath, declaration,
be as a unless hereintest shall required qualification,
otherwise provided.
Removal6. All officers elected or under this Consti-appointed
fl
unless in cases herein otherwisetution, may, provided
removed from office officialbe forfor, misconduct,
or or inincompetence, neglect duty, gross immorality,
such manner as be andmay prescribed by general laws,
unless so shall continue to theremoved, they discharge
duties of their until their successorsoffices,respective
are or andelected, appointed qualified.
8. The in cases not for in thisLegislature, provided
shall the terms terms ofConstitution, prescribe by general laws,
of
of duties and of alloffice, powers, compensation public
officers and and the manner in which shallagents, they
be and removed.elected, appointed
ARTICLE VIII
27. Each shall be laid off into not Districts.county districts,
less than three nor more than ten in and asnumber,
as be and.innearly equal may territory population
381656VIRGINIA
IXARTICLE
the the4. The Presidents of JusticesCounty Courts,County
c 8 ^ t^ie Peace Sheriffs, Clerks of> Prosecuting Attorneys,indict-Se?t to
ment. the Circuit and of the and all otherCounty Courts,
shall be to indictment for mal-county officers, subject
or of official and onfeasance, misfeasance, neglect duty,
conviction their offices shall become vacant.thereof,
I. I am inclined to the that the words "all otheropinion county
inofficers," as used this section, include members of boards of educa-
are elected in districts. This is no meanstion, although they by
however. This section is in force exclear, proprio vigore and needs
no additional legislation. Alfred Caldwell, Attorney-General.
ARTICLE X
Capitation 2. The shall an annual taxLegislature levy capitationtax.
of dollar each male inhabitant of the Stateone upon
who has of whichattained the age twenty-one years,
shall be to the of Freeannually appropriated support
Schools. Persons afflicted with bebodily infirmity may
from this tax.exempted
"
> Jeg ^ m ^he ower ^ taxation of shalltheP LegislatureS?atSre to
levy. extend to for ofthe the Stateprovisions payment debt,
and interest the of free andthereon, support schools,
the of the annual of theestimatedpayment expenses
but whenever in the revenue shallState; any deficiency
exist in it at the session thereofany year, shall, regular
held next after a tax for thethe deficiency occurs, levy
ofsufficient with the other sourcesensuing year, income,
to meet such as well as the estimateddeficiency, expenses
of such year.
'y ^' authorities shall never assess in anyCounty taxes,noTto exceed
etc. one of which shall exceedtheyear, aggregate ninety-
five for thecents hundred dollarsper valuation, except
of free of indebtedness exist-support schools; payment
at the time of the of this Constitution anding adoption ;
for the with the interestof indebtednesspayment any
created under the unlesssucceeding section,thereon,
such with all the in-assessment, questions involving
crease of such toshall have been submittedaggregate,
the vote of the of the and have receivedcounty,people
three-fifths of all the votes cast for it.and against
See Brannon vs. 33 thisCounty Court, W. Va., p. 789, construing
section.LAW OF WEST VIRGINIASCHOOL 5
8. No school district, or cor-county, city, municipal
in cases where such haveporation, except corporations
to here-authorized their bonds be shallissued,already
after be allowed to become in orindebted, any manner,
for to an in-any purpose, amount, including existing
five centumdebtedness in the aggregate, exceeding per
on the value of the taxable therein to be ascer-property
tained assessment for State andthe last taxes,by county
of indebtedness nor with-to the suchincurring ;previous
for ofat the same time the collection aprovidingout,
direct annual sufficient to the interesttax, annually,pay,
on such and the and notdebt, principal thereof, within,
NO debt ex-That no debtexceeding thirty-four years; Provided,
.,'. ,. ceptbyvote
shall be contracted under this unless all ofsection, ques- people.
tions connected with the shall have been first sub-same,
mitted to a of the and received three-fifthsvote people,
of all the votes cast for and the same.against
XIIARTICLE
for1. The shall by general law,Legislature provide
a and efficient of Free Schools.thorough system
4See W. 499.Va., p.
General2. The State of Free Schools shallSuperintendent
8uper
have a of free andgeneral supervision schools, perform
such other in relation thereto as beduties may pre-
scribed If oflaw. in the suchby performance any duty
him the he shall incurimposed Legislature, anyupon by
he shall be reimbursed therefor; Provided,expenses,
The amount five hundred dollars indoes not exceed any
one year.
3. The for county super-Legislature may provide county superin-
and such other as be totendents, officers may necessary
out the of this theirand definecarry objects Article,
duties, andpowers compensation.
4. The and invested school school fund.existing fund,permanent
and all to this State from de-forfeited,money accruing
waste and and fromlinquent, unappropriated lands;
lands heretofore sold for taxes and thepurchased by
State of if hereafter redeemed or sold fo othersVirginia,
than this State all devises or that
; grants, bequests may
be made to this State for the of education orpurposes
"
where the of such devises orpurposes grants, bequests
are not State's share ofthis thespecified; just literary
fund of whether orover otherwiseVirginia, paid liqui-
and sums of ordated; any stocks,money, property,
which this State shall have the to claim from theright
State of for educational theVirginia purposes ; proceeds6 SCHOOL LAW OF WEST VIRGINIA
of the estates of who die without apersons may leaving
will or and of all escheated the ofheir, lands; proceeds
taxes ofthat be levied on the revenues cor-any may any
all that be as anporation; moneys may paid equivalent
for from and such sums asexemption military duty;
from time to be themay., time, appropriated by Legis-
lature for the shall be set as aapartpurpose, separate
fund to be called the "School and invested un-Fund,"
der such as be in theregulation may prescribed by law,
interest securities of the United or ofbearing States,
this or if such interest securities cannotState, bearing
ebe then said "School Fund" shall be investedobtained,school Fund
in such other solvent interest securities as shallbearing
be the of Freeapproved by Governor, Superintendent
Auditor who areand consti-Schools, Treasurer, hereby
tuted the "Board of the School to theFund," manage
same under such as beregulations may prescribed by
the shall beand interest thereoflaw; annually applied
to the of Free Schools thesupport Sta.te,throughout
and to no other whatever. But ofpurpose any portion
said interest of theat the closeremaining unexpended
fiscal shall be added and remain a theyear to, part of,
of the "School taxesFund"; That allcapital Provided,
which shall be thereceived Stateby upon delinquent
the taxes due to the State shall belands, except thereon,
refunded the or district or for which theto county, by
same were levied.
gie ^' ^e shall for the of freeLegislature provide support
thereto the interest of theschools, by appropriating
invested "School the ofnet all forfeit-Fund," proceeds
ures and fines to this State under the lawsaccruing
State and taxa-thethereof; capitation tax; by general
tion of or otherwise. It shall alsoandpersons property,
for in each or theprovide raising, district,county by
of the such a ofauthority people thereof, proportion
the amount for the of Free Schoolsrequired support
therein as shall be laws.prescribed by general
6. The school districts into is nowwhich any county
divided in ofshall continue until changed pursuance
law.
e
7. All levies that be laid or clis-may by any countyto
cierkof trict for the of free schools shall bepurpose reported
the^td Clerk of the and under suchCourt,County shall,
as be be collectedregulations may prescribed by law,
the or otherby who shall make an-Sheriff, collector,
nual settlement with the which settle-County Court;
ments sha