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Sinking fund money to be a trust fund.

Cancellation.

School board, how elected, term of office, etc.

President, how elected.

presentment, unless the commissioners of the public debt, with the approval of the mayor, shall otherwise order.

SECTION 14. The moneys levied and collected for, or belonging to the interest and sinking funds, shall be held in trust for those purposes only, or for the benefit of the holders of the bonds of the different issues or classes for which such funds are specially provided, and shall in no way be diverted from the specific purposes for which they are provided; nor shall the same, or any part thereof, be subject to attachment or execution, or be liable by any process or proceeding, to be subject to the payment of any other debt than that to meet which they were specially raised or appropriated under this act.

SECTION 15. All bonds and interest coupons, paid or otherwise retired, shall be forthwith marked cancelled, by the commissioners of the public debt, and by them returned to the common council of the said city, who shall forthwith publicly cancel the same.

NOTE.-As to constitutionality of certain legislation authorizing issuance of bonds, consult Johnson vs. Milwaukee, 88 Wis., 383.

CHAPTER XII.

PUBLIC SCHOOLS.

SECTION 1. The public schools of the city of Milwaukee shall be under the general management, control and supervision of a school board, consisting of two persons. from each ward, to be appointed by the aldermen of such ward, subject to confirmation by the common council. The members of said board shall hold their offices for three years unless sooner removed; provided, that the present school commissioners shall remain in office for the terms for which they have been elected respectively.

A president shall be elected by said board, who shall be a member thereof, and in his absence shall elect a president for the time. The seat of any member shall be declared vacant and the common council shall proceed to choose a successor to any member who shall be reported to the common council as having been absent for four successive meetings of the school board without a satisfactory excuse.

SECTION 2. The members of the school board shall take the official oath, and be subject to all the restric

tions, disabilities, liabilities, punishments and limitations prescribed by the law as to the aldermen in said city of Milwaukee, and they shall be exempt from jury duty. The council may remove any member of the board for causes for which aldermen are removable. The school board shall not in any one year contract any debt or incur any expense greater than the amount of the school funds subject to their order, without any previous ordinance or resolution of the common council. A majority of the members of the board who have duly qualified shall constitute a quorum for the transaction of business, but a smaller number may adjourn.

SECTION 3. The school board of the city of Milwaukee is hereby authorized and required, subject to the approval of the common council, to establish and organize so many public or common schools in addition to those already established in said city, as may be necessary for the accomodation of the children of the city entitled by the constitution and laws of this state to instruction therein; and the common council shall erect, purchase, hire or lease buildings and furniture, and lots for the accommodation of such schools, and the high schools of said city, and shall improve and enlarge such school buildings. The school board shall also have power to establish and define, from time to time, the boundaries of all common school districts, in the city in such manner as they may deem best calculated to promote the interests of the schools. The school board shall also have power to employ all janitors necessary in the school houses, and to fix their compensation.

SECTION 4. The school houses now erected, and the lots on which they are situated, and the lots now or hereafter purchased for school purposes, and the school houses thereon erected, shall be the property of the city; and no lot shall be purchased or leased, nor shall any school house be erected, without an ordinance or resolution duly passed by the common council. Deeds of conveyance and leases shall be made to the city of Milwaukee.

SECTION 5. The school board shall have power to adopt for use in the several public schools in the city suitable text books which shall be uniform, and when the school board shall have adopted for use in the public

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Discipline and management of schools.

Superintendent of schools.

His powers and duties.

Salary.

schools of the city any text-book, or text-books, the same shall not be changed by the board for five years. next thereafter; and the school board shall require that the system of instruction in the several public schools of the city shall be as nearly uniform as possible.

And shall adopt, at their discretion, modify or repeal by-laws, rules and regulations for their own government, and for the organization, discipline and management of the public schools of said city, and generally adopt such measures as shall promote the good order and public utility of the said schools; provided, that such by-laws, rules and regulations shall not conflict with the constitution and laws of the state.

SECTION 6. The school board shall biennially elect by ballot on the first Tuesday in March, a person of suitable learning and experience in the art of instruction and practical familiarity with the most approved methods of organizing and conducting a system of public schools, for superintendent of schools, and he shall hold his office for two years, or until his successor is elected, unless sooner removed.

The superintendent of schools shall, under direction of the school board, have a general supervision of the public schools of the city and the manner of conducting and grading them, of the teachers, and in connection with a committee of the board, of the purchase of school apparatus. He shall, in connection with a committee of the board, and subject to confirmation by the board, examine, employ, certificate and classify and transfer teachers. He shall, also in connection with a committee of the board and subject to confirmation by the board, dismiss them for incompetency or inattention to duty, and he shall do and perform all such other duties as may be required by the board; provided, that in case of disagreement between himself and a committee, the school board may determine the matter by a vote of a majority of all its qualified members.

He shall receive a salary not exceeding four thousand dollars per annum, to be fixed by the school board. The superintendent of schools shall appoint, subject to confirmation by the board, an assistant superintendent, who shall hold his position, during the term for which the superintendent is elected, unless sooner removed, and

whose salary shall be fixed by the board, not to exceed twenty-five hundred dollars per annum.

SECTION 7. Any person feeling himself aggrieved by Appeals. any act of the superintendent may within ten days after the time of such act, appeal to the school board, who shall dispose of such appeal as may be deemed right.

school board.

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SECTION 8. The board shall also appoint biennially Secretary of the some suitable person to act as secretary of the board, who shall receive a salary not exceeding two thousand dollars per annum, to be fixed by such board. It shall be his duty to attend the meetings of the board, to keep a record of the proceedings, and a full and fair account of all receipts and expenditures of the board, and to do and perform all such other duties as shall be required of him. by said board. The secretary of the school board shall, before entering upon the duties of his office, execute a bond to the city of Milwaukee, in such form and penalty, and with such conditions as the board shall prescribe, with sureties to be approved by said board, which bond shall be filed with and kept in the office of the city clerk of said city; and the school board may require security to be given for the faithful performance of his duties by any officer or employe of said board, in such form and amount as the board shall deem best, and may at any time require of any officer or employe additional bonds and sureties, in its discretion. The secretary of the board shall also take the annual enumeration of the children of school age in the city of Milwaukee, required by law, and shall at the same time collect such further statistics and information relating to schools and to the population entitled to school privileges in said city, as may be directed and required by the school board, and he shall receive for such service a compensation or fee of two cents per capita upon the entire enumeration of persons between the ages of four and twenty, residing in said city, to be audited by the school board, and paid out of the funds provided for the support of the schools.

SECTION 9. The superintendent of schools, or the May be removed secretary of the school board, may be removed from office, by a two-thirds vote. for misdemeanor in office, incompetency or inattention to the duties of his office, by a vote of two thirds of the school board; provided, that notice in writing of charges against him and of the time and place of hearing and

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Accused shall be heard.

Certified list of

teachers and

salaries to be filed

acting upon the same, shall be served upon the accused at least five days before the time of hearing and before any action shall be taken by the board thereon.

And the accused shall be heard by himself or counsel, and either party shall produce witnesses who shall be sworn and give testimony subject to the pains and penalties of perjury.

SECTION 10. It shall be the duty of the secretary of the school boord, within thirty days after the annual appointwith comptroller. ment of teachers and other salaried employes, to report to and file with the city comptroller a duly certified list of the teachers and employes so appointed, with the salaries allowed to each, and a statement of the time or times fixed for the payment thereof. He shall also, as often as any action shall be taken by said school board, changing the salaries of either of the officers of said board, or any of such teachers and employes, or making a new election or appointment to any position entitling the person appointed to receive a stated salary, within thirty days after such action is had, in like manner file with the comptroller a certified statement and list of all such changes and appointments. A list of all accounts which may be allowed by said school board, stating the character of the materials of service for which the same were rendered, shall be furnished to said comptroller for his information, immediately after the meeting of said board at which such allowance was made. And said secretary shall also make and file with the said comptroller quarterly statements of the condition of the fund for the support of schools and of the financial transactions of the school board during the three months next preceding such statement.

High school site and buildings.

SECTION 11. The school board are hereby authorized, and it shall be their duty to maintain the high school now established in said city, and establish and maintain such other high schools as may from time to time be found necessary, and whenever more than one high school is so established, said board may divide said city into high school districts, and said schools shall be open to students residing within the said district, and for that purpose the common council of the city of Milwaukee are hereby authorized to purchase suitable sites and erect or purchase all necessary buildings for the use of said schools and to enter into all contracts necessary for the accomplishment of the purpose of this section.