The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-03-28
A BILL TO AMEND CHAPTER
DO OH THE REVISED CODE. IN
RELATION TO PUBLIC EDU-
CATION.

| ture of the State OF Mississippi, That pur-
suant to the requirements OF the CONSTITUTION
ofti,is State, giving to<he superintendent OF
| Public Education '3the general supervision
| OF tie educational interests OF the State,
| he j. hereby empowered and directed 70
| cause an investigation TO be had OF all the
| lands and the landed interests, the proceeds
| of " hieh have been dedicated 10 the common
| school fund, to ascertain the character and
| condition of the title and OF the possession
under which the same may be held or oceu-
pied, and the value of the title or interest OF
| the State therein, and whether the same mas
been improperly or illegally sold or forfeited
for taxes, when such taxes had been paid OF
| otherwise, and the amount for when sald
! title or interest might be- sold or disposed OF
| for the benefit Of the common Scho0l fund
SEC. 2. Be it further enacted: That for
| such object said Superintendent may direct
| the County Superintendents and other school
| officers in this State to make an examination
| of all titles or claims, and report to him
| their condition, and may require the aid and
| advice of the several district attorneys upon
| all legal questions arising concerning such
| titles and claims, md such other counsel as
may be requisite, and, when necessary, cause
the same TO be prosecuted by them to secure
such property or claims and the benefits
| thereof, or to prevent injury thereto by in
junction or other proper remedy.
| SEC. 3. Be IL further enacted: That with
the advice of the attorney general and the
approval OF the Governor, the said Superln-
tendent may compromise all doubtful claims
or titles, upon such terms as may be most
advisable and best inure to the school fund
| and cause the proceeds, less the expenses OF
collection and settlement, to be paid over to
the State County Treasurer; and in like
manner the said Superintendent is hereby
empowered to release or quit claim the title
or claim of the State and apply the seal of
the State thereto. when necessary TO COM
plete title or release. Provided: That all
expenses incurred in the collection of such
claims shall be chargeable TO the State, and
| not To the funds for whose DDnenC SIcn col
lection Is made.
SEC. 4. Be it further enacted That in all
cases where suits may become necessary.
the same may be prosecuted in the name OF
the State on the relation of said Superinz
tendent, and under his direction, and no
costs shall be taxed to the State or relator,
except as the same may be recovered and
paid from the defendants, and no security
shall be required on any injunction or other
bond deemed necessary in such prosecution
or TO OBTAIN or preserve such school lands
| and funds /; and the proceeds of such suits shall
be duly paid to the State or County Treasurer,
less the expenses and fees and all suits now
pending may be prosecuted in the name of
the State on relation of the State or County
Superintendent and the proper names sub
stituted, or the proceedings may be con-
tnued AS now instituted under the authority
and direction herein provided, and in no
case shall any suit abate, be delayed, nor
any rights impaired from the provisions of
/ this act. Whenever the title or claim of the
ure or purchase for taxes already paid, or
property released, redeemed or acquitted by
the State, the same may be released or ac-
quilted to the rightful owner or holder with
out further compensation. In like manner
it shall be the duty of said Superintendent
to collect and recover all funds and property
loaned or diverted by the State and County
or township trustees, belonging to the COM
mon school fund, and shall cause all funds
| thus collected to be paid over to the State or
County Treasurer.
SEC. 5. Be it further enacted: That to en-
able said Superintendent TO make the re-
quired investigation and accomplish the
designated work, any and all books, records,
papers and documents pertaining to such
funds, claims, lands, or muniments of titles
shall be deposited with the County Superin-
tendent OF Education for safe keeping, and
the State Superintendent may at any time
have access to the same for the purpose of
examination, or to enable him TO prosecute
any suits instituted under the provisions of
this act and the State Superintendent is
| authorized and empowered to employ such
aid and counsel as may be necessary, at
just and reasonable compensation for the
services rendered, TO be paid from the
amount recovered and to defray the eX
penses of such suits or investigation, he may
make an allowance for such recovered
amount in per centage, or by voucher, to be
audited and paid by the Auditor of Public
Accounts by warrant on the Treasury of the
State in payment of services so employed
and rendered to the proper parties by q
warrant upon the Treasury of the State.
SEC. 6. Be it further enacted: That the
County Superintendent shall hereafter be
elected by the qualified voters of the several
| counties, in the same manner that other
county officers are elected. In all cases
where the term of office of the present in
-. cumbents will expire by the first Monday of
January next, their successors shall be
elected at the November election 1872, and
all others whose term of Office will expire
on or before the fra Monday Of January,
1873, at the Novem Der election 1873, and so
on. No person shall be eligible to said Office
who does not possess the following qualifica-
tions, in addition to those prescri bed by the
Constitution: An irrepreachable moral
character and diploma from some college,
or other educational institution authorized
to confer literary degrees, or certificate
| granted by the State Superintendent upon
due examination. II no person having the
| requisite qualifications be chosen at such
! election, the office shall be deemed vacant,
and such vacancy, and also all vacancies
| arising from death, resignation or other
, cause, shall be filed by appointment, as
| now authorized by law, until the next ensu-
ing November election; but all persons so
elected or appointed to such office shall be
commissioned By such board, upon satisfac-
tory evidence of their possession of the
qualifications prescribed under this act for
holding such Office. If any person elected to
| such office fail to furnish the Board of Educa-
ton with evidence of his eligibility, within
thirty days after the election the office shall
then be deemed vacant, and be filled by ap-
| Dointment, according to law. The person
elected shall give bond to the State of Mis-
| sissippi, to be designated by the Board of
Education, of not less than five nor more
than ten thousand dollars, conditioned for
the faithful discharge of his duties, to be
approved as bonds of other county officers
are, and copy thereof filed with the State
Superintendent to be preserved in his Office.
SEC. T. Be it further enacted: That the
county Superintendent shall receive for his
services an annual salary, payable in quar-
terly installments by the County Treasurer,
out of the common school fund; and there
shall be constituted three grades of salaries
: based upon a scholastic population as fol-
lows In counties having scholastic popu-
| lation not exceeding three thousand, the
sum of - dollars; in counties having
| more than three thousand and less than
seven thousand, the sum of - dollars !;
and in counties having more than seven
| thousand, - dollars, with the additional
compensation for each grade of one hundred
dollars for every thousand pupils over fifty
per cent, of the scholastic population who
have been in regular attendance on the pub
lie schools tor four months during the year.
SEC. s. Be it further enacted: That the
County Superintendent shall faithfully exc
cute all regulations and instructions from
the Board of Education or State Superin-
tendent. Each County Superintendent IS
= authorized and required to appoint six pa
: irons Of the common schools in in each Su-
/ pervisor's district in his county, TO eonsti-
tute an advisory board, to give information
2 and advice concerning the condition, wants
and needful Improvements OF schools In
their respective districts. The County Su-
perintendent shall meet with such board, at
least twice year. at 8 time and place deslg-
, mated by him, for the purpose OF estimating
. the costs of establishing and conducting the
: schools, locating and furnishing school sites,
: Building, repairing and renting school
, houses, and for conference upon the inter
eSfS generally of the schools OF that dis