6 it shall be the duty of the teacher, custodian or other person in 7 charge of said building during the session to see that this flag 8 is displayed on the schoolhouse as herein provided, and for 9 failure to comply with this duty, such person in charge shall 10 forfeit the sum of fifty cents per day for each day such failure 11 shall continue, payable from the salary of such person to the 12 building fund. CHAPTER 8 (Senate Bill No. 70-Mr. Suddarth) AN ACT to amend and re-enact section one hundred and sixtyeight of chapter two of the acts of the regular session of the legislature of one thousand nine hundred and nineteen, relating to the West Virginia industrial school for boys. [Passed April 27, 1923. In effect from passage. Approved by the Governor May 1, 1923] SEC. 168. Payment for cost of detention; re imbursement; income from same; how appropriated; acts in conflict repealed. Be it enacted by the Legislature of West Virginia: • That section one hundred and sixty-eight of chapter two of the acts of the regular session of the legislature of one thousand nine hundred and nineteen, relating to the West Virginia industrial school for boys, be and the same is hereby amended and reenacted so as to read as follows: Section 168. The county court of every county shall pay into 2 the state treasury the sum of fifty dollars a year on account 3 of each youth from the county who shall be received in said 4 school of the first, second or third classes mentioned in section 5 one hundred and sixty-three, or, on proper commitment, on any 6 other class. But in all cases of youths received in said school 7 of the first class mentioned in section one hundred and sixty8 three, the parent, if of sufficient means, and the guardian where 9 the youth has sufficient estate, shall annually reimburse the 10 county the amount paid into the state treasury, by virtue of 11 this section, on account of such youth mentioned in the first 12 class of section one hundred and sixty-three, and the county 13 court of such county shall have a right to recover the same of 14 such parent or guardian in any court of competent jurisdiction. 15 The income derived from the payment of such costs of detention 16 is hereby appropriated for the current expenses of the said 17 school subject to the requisition of the state board of control. 18 All acts and parts of acts in conflict with the provisions of 19 this act are hereby repealed. CHAPTER 9 (Senate Bill No. 71-Mr. Arnold) AN ACT to provide supplemental aid for districts that provide public schools for children from orphan homes and benevolent institutions. [Passed April 26, 1923. In effect ninety days from passage. the Governor May 1, 1923] SEC. 1. State superintendent of schools required to apportion; amount Approved by of; how distributed; per capita for purpose; how determined. Be it enacted by the Legislature of West Virginia: The state superintendent of schools is hereby required to 2 apportion supplemental aid to any district or independent dis3 trict in which is located any institution as a home for orphans 4 or homeless children. The amount of such supplemental aid 5 shall be equal to the product of the per capita cost of education 6 for the preceding year and the total number of pupils from 7 such children's homes enrolled in the public schools of the 8 district applying for such aid and shall be distributed in the 9 manner prescribed for distribution of supplemental aid to other 10 districts, according to section seven, chapter one hundred and 11 twenty-six, acts of the legislature one thousand nine hundred 12 and nineteen. 13 The per capita cost of education for this purpose shall be 14 determined on the basis of the enrollment in the elementary and 15 high schools and the total expenditures for elementary and 16 high school teachers and maintenance funds. CHAPTER 10 (Senate Bill No. 225-Mr. Hugus) AN ACT to amend section nine of chapter forty-five of Barnes' code of one thousand nine hundred and sixteen, as amended by chapter two of the acts of one thousand nine hundred and nineteen, regular session, by adding thereto sections nine-a, nine-b, nine-c, and nine-b, making it the duty of the state. board of education to prescribe courses in history of the United States, civics and the constitutions of the United States and West Virginia. [Passed April 24, 1923. In effect ninety days from passage. Became a law without the approval of the Governor] Be it enacted by the Legislature of West Virginia: That chapter forty-five of Barnes' code of one thousand nine hundred and sixteen, as amended by chapter two of the acts of one thousand nine hundred and nineteen, regular session, be and is hereby amended by adding thereto sections nine-a, nine-b, nine-c and nine-d to read as follows: Section 9-a. In all the public, private, parochial and denomi2 national schools located within the state of West Virginia there 3 shall be given regular courses of instruction in history of the 4 United States, in civics and the constitutions of the United 5 States and the state of West Virginia, for the purpose of teach6 ing, fostering and perpetuating the ideals, principles and spirit 7 of Americanism, and increasing the knowledge of the organiza8 tion and machinery of the government of the United States 9 and of the state of West Virginia. The state board of educa10 tion shall prescribe, with and on the advice of the state superin11 tendent of schools, the courses of study covering these subjects 12 for the public elementary and grammar schools, public high 13 schools and the state normal schools. Sec. 9-b. It shall be the duty of the officials or boards hav2 ing authority over the respective private, parochial and de3 nominational schools to prescribe similar courses of study for 4 the schools under their control and supervision, as is required 5 by the preceding section for the public schools. Sec. 9-c. Any person or persons violating the provisions of 2 sections nine-a and nine-b, shall be guilty of a misdemeanor, and 3 on conviction thereof shall be fined not exceeding ten dollars 4 for each violation, and each week during which there is a viola5 tion shall constitute a separate offense. If the person or per6 sons so convicted occupy a position in connection with the 7 public schools, he or she or they shall also automatically be 8 removed from said position or positions and be ineligible for 9 re-appointment to that or a similar position for the period of 10 one year. Sec. 9-d. The holding of any of the provisions of sections 2 nine-a, nine-b, and nine-c to be void, ineffective or unconstitu3 tional for any cause, shall not be deemed to affect the validity 4 of any of the other provisions thereof. CHAPTER 11 (Senate Bill No. 231-Mr. Arnold) AN ACT creating a public school commission. SEC. Approved by the SEC. 3. Powers. 4. Commission to make report; employ secretary. 5. Vacancies; how filled. Be it enacted by the Legislature of West Virginia: Section 1. There is hereby created a public school commis2 sion to be composed of seven members, not more than four of 3 whom shall belong to the same political party, whose term shall 4 be for two years, who shall serve without compensation, and who 5 shall be appointed by the governor within thirty days after 6 this act takes effect. It shall be the duty of the commission hereby created 2 to study and investigate the laws and conditions in this state. 3 relating to the public school system, including all educational 4 institutions which are supported by or receive aid from the 5 state, and such other subjects and conditions as it finds in the 6 course of its examination to be connected therewith. Sec. 3. In the conduct of its investigation the commission 2 shall have power to summon any teacher, principal, officer or any 3 person or persons having supervision or control over any free 4 school or educational institution herein defined, and to compel 5 by subpoena, the production of any books, papers and documents 6 it may deem necessary in its investigation, at any designated 7 place of hearing; and for this purpose may invoke the aid of 8 any circuit court in requiring the evidence and testimony of 9 witnesses, and the production of papers, books and documents. Sec. 4. The commission shall make a comprehensive report 2 of the results of its investigations, together with its recommen3 dations, to the next session of the legislature, and shall prepare 4 such bills as may be necessary to carry out its recommendations 5 and submit them with its report. It may employ a secretary and 6 such office held as shall be necessary and may from time to time 7 secure such expert advice as it may deem advisable and may 8 incur such necessary expenses in that connection as may be ap9 proved by the governor; but in no case shall the commission 10 incur any expenses beyond the amount of money appropriated 11 by the legislature for this purpose. Sec. 5. Any vacancies that may occur in the commission shall 2 be filled by the governor. CHAPTER 12 (House Bill No. 168-Mr. Hood) AN ACT to authorize school districts or independent school districts in which a majority of the ballots cast at the general election held in the year one thousand nine hundred and twenty-two upon the question of authorizing a levy for the support of free schools were against such a levy, to hold special elections for the purpose of again submitting the question of authorizing a levy for school purposes. [Passed April 25, 1923. In effect ninety days from passage. without the approval of the Governor] SEC. 1. Board of education authorized to call special levy for school pur Became a law poses; when and under what conditions; ballot, etc. Be it enacted by the Legislature of West Virginia: Sec. 1. That the board of education of any district, or in2 pendent school district in which the majority of the ballots 3 cast at the general election held in the year one thousand nine 4 hundred and twenty-two, and likewise at any election here4-a after to be held, upon the question of authorizing a 5 levy for the support of the free schools were against the au6 thorizing of such levy, shall have authority to call a special 7 election for the purpose of submitting to the voters of such 8 district or independent school district the question of author9 izing a levy for school purposes. Provided, not more than one 10 such special election shall be held in any one year. 11 The special election herein provided for shall be held as 12 provided in section one hundred and eighty-four of chapter 13 two of the acts of the legislature, one thousand nine hundred 14 and nineteen, regular session, and the ballot to be voted at 15 said election shall have printed thereon the following: 19 If a majority of the ballots cast at such special election in 20 any district or independent school district be in favor of school 21 levy, the board of education of such district shall annually 22 thereafter devy for the support of schools in their districts in 23 the manner provided by law for school levies until such time 24 as an election may again be held on the question of school 25 levy as provided by chapter sixteen of the acts of the legis 26 lature at its regular session held in the year one thousand nine 27 hundred and twenty-one." |