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[No. 121.]

AN ACT to amend sections three and four of act three hundred seventy of the public acts of nineteen hundred twenty-one, entitled "An act to protect the public health, to provide for the furnishing and distribution by the state commissioner of health of antitoxin and other biological products for the prevention and treatment of diphtheria, to authorize the purchase and manufacture thereof, and to make appropriations therefor."

The People of the State of Michigan enact:

SECTION 1. Sections three and four of act three hundred Sections amended. seventy of the public acts of nineteen hundred twenty-one, entitled "An act to protect the public health, to provide for the furnishing and distribution by the state commissioner of health of antitoxin and other biological products for the prevention and treatment of diphtheria, to authorize the purchase and manufacture thereof, and to make appropriations therefor," are hereby amended to read as follows:

advertised

SEC. 3. Such quantities of antitoxin and other biological Antitoxin, purchase, products for the treatment of diphtheria as may be required etc., of. under the provisions of section one during the fiscal years ending June thirty, nineteen hundred twenty-four, and June thirty, nineteen hundred twenty-five, shall be purchased by the state commissioner of health. Bids for the furnishing Bids of such products shall be advertised for in at least three for. newspapers of the state, of general circulation, such advertisement to be published not less than ten days prior to the day fixed for receiving bids. Upon the receipt of such bids, Contract, contracts for the furnishing of antitoxin and other products may be let, but in no case shall any such contract cover a period of more than one year in length or extend beyond the thirtieth day of June, nineteen hundred twenty-five. The right to reject any and all bids shall be reserved. Contracts shall be let to the lowest responsible bidders furnishing adequate security for the performance thereof: Provided, how- Proviso. erer. If deemed expedient by the state commissioner of health, contracts for a portion only of the products required may be made with any bidder.

when let.

SEC. 4. For the purpose of acquiring, constructing and Appropriation operating the said plant there is hereby appropriated out for plant. of any moneys in the state treasury not otherwise appropriated for the fiscal year ending June thirty, nineteen hundred twenty-four, the sum of twenty-five thousand dollars, and for the fiscal year ending June thirty, nineteen hundred twentyfive, the sum of twenty-five thousand dollars. There is also appropriated for the purchase of antitoxin and other biological products for the treatment and prevention of diphtheria for the fiscal year ending June thirty, nineteen hun

dred twenty-four, the sum of sixty-seven thousand five hun-
dred dollars, and for the fiscal year ending June thirty, nine-
teen hundred twenty-five, the sum of sixty-seven thousand
five hundred dollars.

This act is ordered to take immediate effect.
Approved May 2, 1923.

Day schools for blind, etc.

Oral method.

Equipment.

Courses of study, etc.

Teachers,

how employed.

[No. 122.]

AN ACT to authorize the board of education of any school district to establish and maintain day schools or classes for those who are blind or have defective vision, and day schools or classes for those who are deaf or have defective hearing, to provide for the expense of the same, to provide for the supervision of such schools or classes, and other help to carry out the provisions of this act, and to repeal act number two hundred twenty-four of the public acts of nineteen hundred five and all acts amendatory thereto.

The People of the State of Michigan enact:

SECTION 1. The board of education of any school district may, upon a petition of parents or guardians of five or more resident children between the ages of three and twenty years who by reason of being blind or having defective vision, or who by reason of being deaf or having defective hearing, cannot profitably or safely be educated with the other classes in the public schools of such district, establish and maintain within the limits of the district one or more day schools or classes for the instruction of such children. In all cases the blind and deaf shall be given separate instruction. The instruction of the deaf shall be by the "oral" method. Such special schools or classes shall be placed in rooms properly equipped for such special classes and shall be maintained so long as there shall be an actual attendance of not less than five children who are blind or have defective vision or five children who are deaf or have defective hearing, if the parents or guardians of such children are legal residents of this state. Such necessary equipment shall comprise the books, appliances, and apparatus necessary for the instruction of such children.

SEC. 2. Courses of study, adequacy of methods of instruction, qualifications of teachers, the conditions under which teachers are employed, and the necessary equipment and any special services for such children for any school year must comply with the requirements prescribed by the superintendent of public instruction. Teachers shall be employed in the same manner as other public school teachers of the district

are employed. All persons appointed to teach in any such schools or classes for the deaf shall have had special training for such teaching, shall have had at least one year's experience as a teacher in a school for the deaf, and shall be graduates of a training school for teachers of the deaf by the "oral" method.

port to

public

SEC. 3. The board of education of any district which Annual remaintains one or more such schools or classes shall make an superintenannual report to the superintendent of public instruction or dent of oftener if he shall so direct, which report shall include an instruction. itemized statement of all expenditures for said schools or classes, including the salaries of teachers, special equipment, special material, together with such other facts relative to such schools or classes as the superintendent of public instruction may deem necessary for the proper administration of this act.

etc.

SEC. 4. The board of education of a school district where Maintenance, one or more such schools or classes are established shall include in its annual budget a sufficient sum to provide special service for said pupils and to maintain said schools or classes and out of said sum it shall pay said teacher or teachers monthly. To reimburse said city or district for such expenditure, the state treasurer is hereby authorized to pay to the treasurer of the proper school district, out of the general fund of the state, on or before July first in each year, upon the warrant of the auditor general, the actual expense incurred for teachers' salaries, for the purchase of the necessary special school equipment and for any special services required for such schools or classes, which shall have been conducted in accordance with this act during the same number of months of school as is prescribed for the school district for other classes, as shown by vouchers filed with the auditor general and certified to be correct by the superintendent of public instruction. The total amount per pupil Per capita paid to any one school district for the purpose herein provided shall not exceed the difference between the average per capita cost of instruction and equipment for the other children in the first eight grades of said school district and the average per capita cost required to pay teachers' wages and the cost of the necessary special school equipment to educate the children enrolled in the classes established for those children who may be included within the provisions of this act. In no case shall the amount paid exceed two hundred dollars for each child instructed in said school district during the school year, and a part of such sum proportionate to the time of instruction of any pupil so instructed less than the number of months prescribed for the school district for the year. The board of education of any school Tuition to district that does not maintain a class for the children named in this act may pay the tuition of any such children to a school maintaining such schools or classes.

cost.

other school.

Vouchers,

SEC. 5. The board of education maintaining one or more what to show. such schools or classes shall cause to be executed monthly,

Copies to supt. of public instruction.

Expenses, limit of.

Act repealed.

vouchers in triplicate upon forms prepared and furnished by the auditor general so as to show the rate of salary paid to instructors of such schools or classes and the time covered by such payment; also vouchers in triplicate upon forms prepared and furnished by, the auditor general showing the special school appliances purchased and the price paid for each article or series of articles. The treasurer of said school district is required to forward two copies of these receipted vouchers to the superintendent of public instruction within the first five days of the month succeeding the month covered by the payment. On or before the fifteenth day of each month the superintendent of public instruction shall present one set thereof to the auditor general, authorizing him to pay to the treasurer of the proper school district the amount covered by the certified vouchers presented.

SEC. 6. The superintendent of public instruction shall have general supervision over work done under this act. Expenses of such supervision subject to the general supervisory control of the state administrative board, shall not exceed twentyfive hundred dollars in any one year and shall be paid from the general fund of the state in the same manner as other state expenses are paid.

SEC. 7. Act number two hundred twenty-four of the public acts of nineteen hundred five and all acts amendatory thereto are hereby repealed.

Approved May 2, 1923.

Caboose, how equipped.

[No. 123.]

AN ACT to provide for the construction and equipment of railroad cabooses or way cars and to fix a penalty for the violation thereof; and making it the duty of the Michigan public utilities commission to enforce its provisions.

The People of the State of Michigan enact:

SECTION 1. It shall be unlawful for any common carrier railroad operating more than one hundred miles of line, and using steam locomotives for power, in this state to run or operate over its railroad, or any part of its railroad, or permit to be run or operated over its road, any caboose or way car used for like purposes, unless such caboose or way car shall be equipped with two four wheel trucks, and said caboose or way car shall have steel underframe, or steel center sill and be of constructive strength equal to that of a sixty thousand pound capacity freight car and shall be equipped

with grab irons and other devices as required by the interstate commerce safety appliance acts and with suitable steps provided for entering upon said car by the employes having use of same: Provided, That this law shall not apply to Proviso. caboose or way cars in transfer or switch runs: And provided Further further, That this law shall not apply to caboose or way cars exceptions. now in service in this state until after January first, nineteen hundred twenty-five, except when same go through the shops for general repairs.

proviso,

violation.

SEC. 2. Any railroad company violating any of the pro- Penalty for visions of this act shall be guilty of a misdemeanor and upon conviction in any court of competent jurisdiction, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each offense. Any superintendent, trainmaster or any officer or agent of the railroad company, officer of any court, receiver or any person or persons who shall order or permit a caboose or way car to be in use which is not equipped and constructed as herein provided and in violation of the provisions of this act, shall be guilty of a misdemeanor and upon conviction in any court of competent jurisdiction shall be punished by a fine of not less. than one hundred dollars nor more than five hundred dollars or by imprisonment in any county jail, workhouse or other prison authorized to receive prisoners for a term of not less than thirty days and not more than ninety days, or both such fine and imprisonment in the discretion of the court, for each offense. Each caboose or way car so illegally operated or run shall constitute a separate offense.

of act.

SEC. 3. It shall be the duty of the Michigan public utilities Enforcement commission to enforce the provisions of this act, and said commission shall be empowered to extend such further time for compliance with this act as in its judgment may be necessary.

Approved May 4, 1923.

[No. 124.]

AN ACT to authorize the board of education of any school district to provide for the education of aliens and of native illiterates over the age of eighteen years who are unable to read, write and speak the English language and who are unlearned in the principles of the government of this state and the United States.

The People of the State of Michigan enact:

SECTION 1. The superintendent of public instruction is Education of hereby authorized, with the co-operation of the boards of aliens, etc.

certain

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