such article, or to monopolize any part of the trade or commerce within this state. ['96, pp. 125-6.

1755. Penalties. Firms and corporations. If a corporation, a company, a firm, or association shall be found guilty of a violation of any provision of this title, it shall be punished by a fine in any sum not less than one hundred dollars nor more than two thousand dollars for the first offense; and for the second offense, not less than five hundred dollars nor more than five thousand dollars; and for the third offense, not less than five thousand dollars nor more than ten thousand dollars; and for every subsequent offense shall be liable to a fine of fifteen thousand dollars. ['96, p. 126.

1756. Id. Individuals. Any president, manager, director, or other officer, agent, or receiver of any corporation, company, firm, or association, or any member of any company, firm, or association, or any individual found guilty of a violation of any provision of this title, may be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by confinement in the county jail not more than one year, or by both, in the discretion of the court before which such conviction may have been had. ['96, p. 126.

1757. Unlawful contracts void. Any contract or agreement in violation of any provision of this title shall be absolutely void. ['96, p. 126*.

1758. Corporate franchise forfeited. Any corporation organized or existing under the laws of this state that shall violate any provision of this title shall thereby forfeit its corporate rights and franchises, and its corporate existence shall thereupon cease and determine. ['96, p. 126*.

1759. Id. Notice to corporation. It shall be the duty of the secretary of state, upon satisfactory evidence that any corporation or association of persons. incorporated or operating under the laws of this state, has entered into any trust, combination, or association, as mentioned in the preceding provisions of this title, to give notice to such corporation that unless it withdraws from and severs all business connections with said trust, combination, or association, its corporate right and franchise will be revoked at the expiration of thirty days from the date of such notice. ['96, p. 126.

1760. Id. Attorney general to bring action, when. At the expiration of thirty days, if such withdrawal or severance be not theretofore made. the secretary of state shall cause a certified statement of the facts to be filed in the office of the attorney general of the state, who shall commence, or direct any county attorney in the state to commence, an action, in any district court of the state of competent jurisdiction, to forfeit and revoke the corporate rights and franchises of such corporation. On the final decision of the same, should the defendant be found guilty of a violation of any of the provisions of this title, the court shall render judgment that the charter, corporate rights, and franchises of such corporation be revoked and the secretary of state shall thereupon make publication of such revocation in four newspapers in general circulation in four of the largest cities of the state. ['96, pp. 126-7*.

1761. Guilty person liable for treble damages. In case any person or persons, shall do, cause to be done, or permit to be done, any act, matter, or thing in this title prohibited or declared to be unlawful, such person or persons shall be liable to the person or persons injured thereby for treble the amount of damages sustained in consequence of any such violation. ['96, p. 127.

1762. "Person" includes "corporation." The words, "person," or "persons,' whenever used in this title shall be deemed to include corporations, companies, and associations, existing under or authorized by the laws of either the United States, or any of the territories, any state, or any foreign country. ['96, p. 127.

TITLE 55.

PUBLIC SCHOOLS.

CHAPTER 1.

STATE BOARD OF EDUCATION.

1763. Membership. Vested with general control of public schools. The state board of education shall consist of the state superintendent of public instruction, the president of the University of Utah, the president of the Agricultural College, and two other persons of large experience and eminent professional standing, to be appointed by the governor, by and with the consent of the senate, to serve for a period of four years. The general control and supervision of the public school system is vested in the state board of education. ['96, p. 467*; '97, p. 107.

State board, powers, Con. art. 10, sec. 8. Public school system includes what, Con. art. 10, sec. 2. General provisions on education, Con. art. 10.

1764. Power to grant diplomas and certificates. The state board of education is hereby authorized and empowered to issue diplomas of two grades, namely, state high school and state grammar, and certificates of one grade, namely, state grammar. ['96, p. 467; '96, p. 107.

1765. Id. Granted to whom. State diplomas or state certificates shall be issued only to professional teachers who have reached the age of twenty years, have had two years successful experience in this state, and exhibit satisfactory evidence of good moral character, and upon critical examination are found to possess the requisite scholarship and culture. ['96, p. 467; '97, p. 108.

1766. Id. Valid where and for what time. These state diplomas and certificates shall be valid in any county, city, town, or school district in the state; the high school diplomas in any department of the public schools; the grammar grade diplomas, in grammar and primary departments; and certificates, in grammar and primary departments; state diplomas shall be good during the lifetime of the holders, and state certificates for a period of five years. ['96, p. 468; '97, p. 108.

1767. Id. Examinations required. Normal certificates. Life diplomas of other states. Ceasing to teach. Candidates for state professional diplomas of high school grade shall be required by examination or other evidence to exhibit a high degree of scholarship in all the following branches, namely: arithmetic, United States history, reading and elocution, orthography, English grammar, political and physical geography, psysiology, algebra, physics, rhetoric, drawing, plane and solid geometry, botany, English literature, general history, civil government, history and science of education, and psychology; and also in any three of the following branches, namely: chemistry, geology, French, German, Latin, Greek, trigonometry, zoology, biology, and mineralogy. Candidates for state professional diplomas of grammar grade shall be required, by examination or other evidence, to exhibit satisfactory knowledge of all the following subjects, namely: arithmetic, United States history, reading and elocution, orthography, English grammar, political and physical geography, physiology, nature studies, algebra, physics, rhetoric, drawing, plane geometry, botany, English literature, general history, civil government, the history and science of education, and psychology; provided, that:

1. Normal certificates and normal diplomas, issued by the University of

Utah subsequent to March tenth, eighteen hundred and ninety-two, and all normal certificates and normal diplomas issued hereafter by the University of Utah shall have the force of state certificates; and the holder of any normal diploma as herein before specified, after having had two years successful experience in teaching in this state shall be entitled to a high school diploma.

2. Holders of normal certificates issued by the University of Utah subsequent to March tenth, eighteen hundred and ninety-two, and all normal certificates and normal diplomas issued hereafter by the University of Utah; and holders of high school certificates now in force and issued as provided by law by boards of education in cities of the first and second classes, and territorial first grade certificates and state diplomas and certificates now in force, may, at the discretion of the state board of education, be exempt from examination in any and all subjects which were required in the examination for such certificates.

3. Life diplomas issued by state boards in other states and shown to be of equal rank with those issued by the state board of this state may receive equal recognition after the holders acquire two years' successful experience in schools of this state. When countersigned by the state superintendent of public instruction under the direction of the state board, such diplomas shall have equal validity with those of corresponding rank issued by the state board.

4. No professional diploma or certificate shall be in force if the holder allow a space of five years to elapse without following some educational pursuit. ['96, pp. 468-9*; '97, pp. 108-9.

County examinations and certificates, ?? 1794- 1926. Issuance of normal certificates, effect, ? 2307 1797. City examinations and certificates, 1916- Appointments to normal scholarships, 2306.

1768. Board may appoint assistant examiners. The state board of education shall have authority to appoint a sufficient number of assistants of eminent educational ability to conduct examinations, and the necessary expense connected with the holding of such examinations shall be paid out of the state school fund upon vouchers to be approved by the state board of examiners. ['96, p. 469*; '97, p. 109.

1769. Board may revoke diplomas for cause. The state board of education is authorized and required to revoke, for immoral or unprofessional conduct or evident unfitness for teaching, state diplomas and state certificates issued under the provisions of this chapter. ['96, p. 469; '97, p. 109.

1770. Compensation and expenses of members of board. Clerical assistance. A statement of actual and necessary traveling expenses of the members of said board, incurred in attending meetings of the board, must be certified to by the state superintendent of public instruction, and be filed with the state board of examiners, who are empowered to allow or reject the same, in whole or in part, in the same manner as in the case of claims for which an appropriation has been made, and the state auditor shall draw his warrant on the state treasurer in favor of the person named therein for the amount allowed. The members of the said state board of education shall receive four dollars per day for time actually and necessarily spent in the performance of their duties; provided, that no member of the board receiving salary from the state or any subdivision thereof, or from any public institution, shall receive any such per diem. The board may engage necessary clerical assistance, the cost of which shall not exceed two hundred and fifty dollars annually, and shall be certified to as provided above in this section. ['96, p. 469*; '97, pp. 109–10.

1771. Chairman and secretary of board. Record. The state superintendent of public instruction shall be chairman of the state board, and he shall appoint a member of the board secretary, who shall keep a record of the board's proceedings. ['96, p. 469; '97, p. 110.

1772. Concurrence of majority necessary. A concurrence of a majority of all the members shall be necessary to the validity of an act of the board. ['96, p. 469; '97, p. 110.

1773. Meetings of board. The board shall meet at the call of the chairman, and at least twice each year. ['96, p. 469; '97, p. 110.

CHAPTER 2.

SUPERINTENDENT OF PUBLIC INSTRUCTION.

1774. Election of state superintendent. Qualifications. Term Oath and bond. Deputy. There shall be chosen by the qualified electors of the state at the regular state election in the year nineteen hundred, and every four years thereafter, a superintendent of public instruction, hereinafter called the state superintendent, who, at the time of his election shall be a qualified elector, shall have been a resident citizen of the state or territory of Utah for five years next preceding his election, shall have attained the age of thirty years, shall be the holder of a state certificate of the highest grade issued in some state, or shall be a graduate of some reputable university, college, or normal school. He shall reside and hold his office at the seat of government for the term of four years from the first Monday in January following his election and until his successor is elected and qualified. Before entering upon his duties, he shall take the oath of office and give a bond in the penal sum of five thousand dollars, with not less than two sureties, to be approved by the governor and filed in the office of the secretary of state. He shall have power to appoint a deputy, who shall be a qualified elector in the state and who shall be paid a salary not to exceed the sum of three hundred dollars per annum to be paid out of the school fund. ['96, p. 470*; '97, pp. 110-11.

Election, qualifications, term, duties, compensation, Con. art. 7. Superintendent a member of the state board, Con. art. 10, sec. 8.

1775. State superintendent charged with administration of school system. Apportionment of money. The state superintendent shall be charged with the administration of the system of public instruction and the general superintendence of the business relating to district schools of the state, and of the school revenue set apart and appropriated for their support, and shall have full power to investigate all matters pertaining to the public schools. It shall be the duty of the state auditor to notify the superintendent of the actual amount of money in the state treasury to the credit of the state district school fund on the thirty-first day of October and December and on the thirty-first day of March of each year. Within ten days after receiving such notification the superintendent shall apportion said fund among the several counties and cities of the first and of the second class in the state under the provisions of this chapter, according to the number of persons between the ages of six and eighteen years, residing in such county or city as shown by the last school census lists of the several counties and cities, and immediately furnish to each county treasurer, and to the county and city superintendents, an abstract of such apportionment. He shall also certify such apportionment to the state auditor, and, upon receiving such certificate, the auditor shall forthwith draw his warrant on the state treasurer in favor of the county treasurer of each county or the treasurer of each city board of education, as the case may be, for the amount due said county or board; provided, that:

1. No apportionment shall be made to any county or city until all the reports for the year next preceding, as required by law, have been received from such county or city by the state superintendent.

2. If any district or districts in any county have failed to maintain school for twenty weeks during the year next preceding that in which the apportionment is made, the number of children of school age in such district or districts shall

be subtracted from the total school population of the state and from the school population of the county in which such district or districts are located before making the apportionment; provided, that when the failure to maintain school in such district or districts the required length of time is due to quarantine, fire, flood, or other like uncontrollable causes, such failure shall not affect the basis upon which the apportionment is made. ['96, pp. 470-1*; '97, pp. 111-12. Public school fund, Con. art. 10, sec. 3. Annual levy of state school tax, ? 2598.

1776. Seal of state superintendent. Register and forms and regulations for reports. Opinions. Visiting schools, etc. The superintendent shall provide and keep a seal by which his official acts and copies of all papers and documents filed in his office may be authenticated, and when so authenticated, said copies shall be received as evidence in all courts of this state equally with, and in like manner as the original. He shall prepare and transmit to the proper officers suitable forms and regulations for making all reports, with the necessary blanks therefor, also school registers, and all necessary instructions for the organization and government of district schools, and the conducting of all necessary proceedings under this title. He shall print and circulate a summary of his opinions and rulings. The cost of such blank forms, school registers, and for the printing of the summary of his opinions and rulings, shall be paid out of the state school fund, and the vouchers therefor shall be certified to by the superintendent, and filed with the state board of examiners, who are empowered to allow or reject the same, in whole or in part, in the same manner as in the case of claims for which an appropriation has been made, and the state auditor shall draw his warrant on the state treasurer for the amount allowed in favor of the person to whom said amount is due. He shall visit at least once a year in each county in the state the principal schools and district school boards. He may examine the state auditor's books and records relative to school revenue, and those of other public officials relating to school accounts. He shall meet with school officers, advise with teachers, and lecture to institutes and public assemblies upon topics calculated to promote the interests of education. ['96, p. 471; '97, p. 112.

1777. State superintendent to advise with school officers. Effect of his decisions. He shall advise with county superintendents and with school boards and other school officers upon all matters involving the welfare of the schools. He shall, when requested by superintendents or other school officers, give them written answers to all questions concerning the school law. sions shall be held to be correct and final until set aside by a court of competent jurisdiction or by subsequent legislation. ['96, p. 471; '97, p. 112.

Decisions of county superintendent, 1788.

His deci

1778. Biennial report of state superintendent. On or before the first day of January preceding each biennial session of the legislature, the state superintendent shall present to the governor a report of his administration of the system of public instruction. There shall be printed in pamphlet form at least one thousand copies of his report and laws relating to schools, which shall be distributed under his direction. The superintendent in his report shall furnish a brief exhibit:

1. Of his labors, the results of his experience and observations as to the operation of the public school system, and suggestions as to the remedy for imperfections.

2. Of the amount of school revenue and its general condition as to sufficiency or insufficiency.

3. Of such plans as he may have matured for the better organization of the schools, and for the increase and economical expenditure of the school revenue. 4. A full statement of the condition and amount of all funds and property appropriated for educational purposes; the number and grade of schools in each county, and in each city of the first and of the second class; the number of