respect to the construction, heating, ventilating and lighting of schoolhouses, and improving and adorning the school grounds connected therewith.

5. To recommend to the trustee and teachers the proper studies, discipline and management of the schools, and the course of instruction to be pursued.

6. To direct the trustee to make any alterations or repairs on the schoolhouse or outbuildings which shall, in his opinion, be necessary for the health or comfort of the pupils.

7. To direct the trustee to make any alterations or repairs to school furniture, or when in his opinion any furniture is unfit for use and not worth repairing, or when sufficient furniture is not provided, he may direct that new furniture shall be provided as he may deem necessary.

8. To direct the trustee to abate any nuisance in or upon the school premises.

9. To condemn a schoolhouse, as provided in this chapter, if he deems it unfit for use and not worth repairing. He may also condemn a schoolhouse site, and require its abandonment by the district.

10. To examine, under such rules as have been or may be prescribed by the superintendent of public instruction, persons proposing to teach common schools within his district, and not possessing the superintendent's certificate of qualification or a diploma of a state normal school, and to inquire into their moral fitness and capacity, and if he find them qualified, to grant them certificates of qualification, in the forms which are or may be prescribed by the superintendent.

[Con. School Law, tit. V, § 13, subs. 1, 2, 3, 5, 6, re-enacted without material change. (Page 24, § 13.)]

§ 464. Commissioner may act in other districts.-A commissioner may exercise any of the powers and perform any of the duties of another commissioner upon his written request, and he must exercise such powers and perform such duties whenever required by the superintendent. When so acting under the direction of the superintendent, he is entitled to his necessary expenses to be audited by the superintendent and paid by him from the contingent fund.

[Con. School Law, tit. V, § 11, rewritten without change in

substance, except that the provisions as to expenses is new and is added for the purpose of making certain what is now obscure. (Page 23, § 11.)]

§ 465. Supervision of commissioner by superintendent.- The commissioner is subject to such rules and regulations concerning the conduct of his office as may be prescribed by the superintendent, and shall, whenever required, report to him concerning any particular matter or act.

Con. School Law, tit. V, § 15, rewritten. (Page 27, § 15.)]

$466. Commissioner may take testimony; issue subpoenas.The commissioner under the direction of the superintendent may take and report to him testimony in a case on appeal, and may issue a subpoena to compel the attendance of a witness. Such a subpoena must be served in the same manner, and the witness is entitled to the same fees, as in an action in a court of record. Disobedience to such subpoena shall subject the delinquent to a penalty of twenty-five dollars, which may be recovered by the county treasurer in his name of office, for the benefit of the schools of the county.

[Con. School Law, tit. V, § 14, rewritten. (Page 26, § 14.)]

§ 467. Salary of commissioner. Each school commissioner shall receive an annual salary of one thousand dollars, payable quarterly on the order of the superintendent out of the free school fund appropriated for that purpose.

[Con. School Law, tit. V, § 7, unchanged in substance. (Page 23, § 7.)]

§ 468. Superintendent may withhold salary.-Whenever the superintendent is satisfied that a school commissioner has persistently neglected to perform his duties, he may withhold his order for the payment of the whole or any part of such commissioner's salary as it shall become due, and the salary so withheld shall be forfeited; but the superintendent may remit the forfeiture, in whole or in part.

[Con. School Law, tit. V, § 10, rewritten. (Page 23, § 10.)]

-

§ 469. Increase of salary. The salary of a school commissioner may be increased beyond the amount payable to him from the free school fund as herein provided;

1. If the commissioner's district embraces an entire county, by the board of supervisors thereof.

2. If the district is composed of less than an entire county, by a majority of the supervisors residing in such district, upon filing with the clerk of the board of supervisors a certificate fixing the amount of such increase.

The amount of the increase shall annually thereafter be levied by the board upon the property of the district.

[Con. School Law, tit. V, § 8, rewritten. (Page 23, § 8.)]

§ 470. Expenses of commissioner.-The board of supervisors shall annually audit and allow to each commissioner within the county a fixed sum of at least two hundred dollars for his ex

penses, and shall assess and levy that amount annually by tax upon the towns composing his district.

[Con. School Law, tit. V, § 9, unchanged in substance. (Page 23, § 9.)1

§ 471. School commissioner not to engage in certain business.— A school commissioner shall not:

1. Be directly or indirectly engaged in the business of a publisher of school books, maps or charts, or of a bookseller, or in the manufacture and sale of school apparatus or furniture;

2. Act as agent for an author, publisher or bookseller or dealer in school books, maps or charts, or manufacturer of or dealer in any school furniture or apparatus;

3. Directly or indirectly receive any emolument, reward or promise of reward for his influence in recommending or procuring the use of any book, map or chart or school apparatus or furniture in any common or union school, or the purchase of any books for a school library.

[Con. School Law, tit. V, § 12, rewritten without change, except that the provision making a violation of the section a misdemeanor is omitted being now sufficiently covered by the Penal Code, § 155. The provision giving the superintendent of public instruction the power to remove such commissioner is included in a general provision relating to removals. (Page 24, § 12.)]

ARTICLE XVIII.

DEPARTMENT OF PUBLIC INSTRUCTION.

Section 480. Department of public instruction continued.

481. Superintendent; election and term.

482. Deputy superintendents.

Section 483. Clerks and employes.

484. Official seal.

485. Copies of papers evidence.

486. General duties of superintendent.

487. Annual report.

488. Removal of superintendent.

489. Appeal to superintendent.

490. Who may appeal.

491. Time for appeal.

492. Notice of appeal.

493. Powers of superintendent.

494. Hearing and decision of appeal.

495. Records of appeals.

496. Salary of superintendent and deputy.

[General note.-Few changes have been made in the law relating to this department, or in relation to the duties of the superintendent of public instruction. The term of office has been extended for the reason that it is thought that better administration can be effected by a longer term than by subjecting the head of this great department to frequent changes. The general powers of the department are substantially the same as under existing law, but some modifications have been made which seemed necessary in order to produce clearness of statement.]

§ 480. Department of public instruction continued.-The department of public instruction is continued. Its affairs shall be managed and its powers exercised by the state superintendent. Its office shall be in the capitol in rooms which shall be assigned and furnished by the trustees of public buildings. The department of public instruction has the general supervision of the common schools.

[New.]