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SCHOOL LAWS

OF THE

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State of Colorado
U. S. A.

1
E 9-1763

8/24118
Including, Among Other Things, Provisions of the Act of
Congress Granting Lands to the State for Educational
Purposes, and Parts of the Constitution Concerning

Educational Institutions.

KATHERINE M. COOK

COOK
State Superintendent of Public Instruction

1909-1910

1909
THE SMITH-BROOKS COMPANY, STATE PRINTERS

DENVER, COLORADO

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This compilation of the School Laws is made in compliance with the statute, which provides that the state superintendent "shall have the laws relating to public schools printed in pamphlet form, and annexed thereto forms for making reports and conducting school business, and shall supply school officers, school libraries and state libraries with a copy each."

This work embraces the statutes now in force, including those passed by the legislature of 1909; all the provisions of the Enabling Act, Constitution of the State, and Federal Statutes pertaining to public schools. The sections have been rearranged and numbered according to the Revised Statutes of Colorado. In order to obviate the difficulties which have arisen from the conflicting statements relating to Union and County High Schools, the laws applicable thereto have been arranged under separate headings.

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THE ENABLING ACT.

Act of Congress, March 3, 1875. 7. Lands for schools,

The sections numbered sixteen and thirty-six in every township, and where such sections have been sold or otherwise disposed of by any act of congress, other lands equivalent thereto in legal subdivisions of not more than one quarter-section, and as contiguous as may be, are hereby granted to said state for the support of common schools. 10. Seventy-two sections for university.

hat, seventy-two other sections of land shall be set apart and reserved for the use and support of a state university, to be selected and approved in manner as aforesaid, and to be appropriated and applied as the legislature of said state may prescribe for the purpose named and for no other purpose. 14. School lands—how sold-price.

That the two sections of land in each township herein granted for the support of common schools, shall be disposed of only at public sale, and at a price not less than two dollars and fifty cents per acre, the proceeds to constitute a permanent school fund, the interest of which is to be expended in the support of common schools. 15. Mineral lands excepted.

That all mineral lands shall be excepted from the operation and grants of this act.

FINES UNDER FEDERAL STATUTES. Sec. 52. Whoever shall willfully set on fire, or cause to be set on fire, any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn unattended near any timber or other inflammable material, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both. [Federal Criminal Code.

Sec. 53. Whoever shall build a fire in or near any forest timber, or other inflammable material upon the public domain shall, before leaving said fire, totally extinguish the same; and whoever shall fail to do so shall be fined not more than one thousand dollars, or imprisoned not more than one year or both. [Federal Criminal Code.

Sec. 54. In all cases arising under the two preceding sections the fines collected shall be paid into the public school fund of the county in which the lands where the offense was committed are situated. [Federal Criminal Code.

CONSTITUTION OF COLORADO, 1876.

ARTICLE IV.

EXECUTIVE DEPARTMENT,

1.

Term of office-residence-duties—seat of government.

The executive department shall consist of a governor, lieutenant-governor, secretary of state, auditor of state, state treasurer, attorney-general, and superintendent of public instruction, each of whom shall hold his office for the term of two years, beginning on the second Tuesday of January next after his election;

The officers of the executive department, except the lieutenant-governor, shall, during their term of office, reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this constitution or by law.

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4. Eligibility-first election-thereafter-age-residence.

No person shall be eligible to the office of governor, lieutenant-governor, or superintendent of public instruction, unless he shall have attained the age of thirty years.

no person shall be eligible to any one of said offices, unless, in addition to the qualifications above prescribed therefor, he shall be a citizen of the United States, and have resided within the limits of the state two years next preceding his election.

6. Governor appoint officers—vacancy-election-senate confirms.

If the office of auditor of state, state treasurer, secretary of state, attorney-general, or superintendent of public instruction, shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law.

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20. Superintendent of public instruction, ex officio librarian.

The superintendent of public instruction shall be ex officio state librarian.

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