To provide books in certain cases. False statements. child belongs, that said parent, or guardian, or person having charge or control of said child is not able, through extreme destitution, to provide proper clothing for said child, or that said child is mentally or physically incapacitated to attend school for the whole period required or any part thereof, or that the school to which the said child belongs is more than two miles by the nearest-traveled road from the residence of the child, and public transportation to and from school is not provided, or that said child has completed an elementary school course, including eight grades, and has certificate to that effect from the principal of the school attended. If any child is unable to attend school as hereinbefore required by not being able to procure books, on satisfactory proof of the same, the County or City Board of Education having charge of the school to which said child belongs, shall purchase said books out of the general school fund of the city or county and lend to said child under regulations prescribed by the State Board of Education. If it is ascertained by any City or County Board of Education that any child, who is required under the provisions of this Act to attend a school under the control of the said County or City Board of Education, is unable to do so on account of lack of clothing or food, such case shall be reported to any suitable relief agency of said county or city, or if there be no such suitable relief agency to whom the case can be referred, it shall be reported to the proper Commissioners of the Poor or other officials having charge of such work for investigation and relief. SEC. 3. Be it further enacted, That any parent, guardian, or other person having charge or control of any child embraced within the provisions of this Act who, with intent to evade the provisions of this Act, shall make a false statement concerning the age of such child or the time that such child has attended school, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any case not less than two dollars or more than fifty dollars, at the discretion of the court. Any parent, guardian, or other person failing to comply with the provisions of this Act, shall be Failure to deemed guilty of misdemeanor, and upon conviction thereof shall pay a fine of not less than two dol- comply. lars nor more than twenty dollars for the first offense, and not less than than five dollars nor more than fifty dollars for the second and every subsequent offense, and the cost of the suit. Provided, That such fine may be suspended and finally remitted by the court trying the case with or without the payment of costs, at the discretion of the court, if the said child be immediately placed in regular attendance in some day school as aforesaid, and if such fact of regular attendance is proven subsequently to the satisfaction of said court by an attested certificate of attendance by the superintendent or teacher of said school. Any parent, guardian, or other person having charge or control of any child embraced within the provisions of this Act, who shall be proceeded against under this Act, may prove in defense that he is unable to compel the child under his control to attend school, and he may thereupon be discharged from liability, and such child shall be proceeded against as a delinquent child under the statutes in such cases provided. SEC. 4. Be it further enacted, That the County Judge or Chairman of the County Courts of the sev- Those having eral counties of this State shall have original and jurisdiction. exclusive jurisdiction of all cases coming within the provisions of this Act; provided, that in all cities maintaining a separate system of schools, the City Recorder or Judge of said city shall be vested with all rights and powers to try and dispose of such cases coming within his jurisdiction; provided, further, that any party aggrieved may appeal to the Circuit Court from the action of the County Judge. SEC. 5. Be it further enacted, That all fines and penalties provided in this Act shall be for the use pines and of the public schools of the county or city in which penalties. such child resides. Any such fine or penalty may be recovered by rule or in any way that a court of equity enforces its orders or decrees. SEC. 6. Be it further enacted, That it shall be the duty of the County or City Superintendent to furnish to teachers, or in schools having more than one teacher, to principals, or cause to be furnished through pils. Report of de- any duly elected attendance officer as hereinafter pendent pu- provided, the names of pupils depending on their schools for instruction, the said lists to be taken from the census enumeration on file in the office of the Superintendent. It shall be the duty of said teachers and principals to report promptly and regularly to the County or City Board of Education, through the County or City Superintendent of Schools, the names of all parents, guardians, or other persons who fail to comply with the provisions of this Act. Notice of attendance. Attendance officers. It shall then be the duty of the Board of Education, through the County or City Superintendent, or through any duly elected attendance officer, to give written notice to parent, guardian, or other person having charge and control of such child, that the attendance of such child at school is required; and if said parent, guardian, or other person does not comply immediately with the provisions of this Act, said County or City Superintendent of Schools, or said duly elected attendance officer shall proceed against such child as a delinquent child, and against such parent, guardian, or other person for violation of this Act. SEC. 7. Be it further enacted, That in every city maintaining a separate school system having a scholastic population of five thousand or more by the State school census of 1912 or any subsequent State school census, the Board of Education of said city shall elect one or more attendance officers to enforce the provisions of this Act. In every city maintaining a separate system having a scholastic population of less than five thousand by the State school census of 1912 or any subsequent State school census, and in every county, the Board of Education of said city or county shall have authority to elect one or more attendance officers to enforce the provisions of this Act; provided, that not more than one attendance officer shall be elected for every five thousand school children residing in any city or county; provided, further, that every city having a separate system of schools, and every county, may appoint one such attendance officers. Such attendance officers shall be residents of the county or city in which they are elected. They must Salary of officers. he of good moral character and must be able to read and write with ease. Before they shall be eligible attendance for election, all applicants for position as attendance officer shall present certificate from City or County Superintendent that they meet the requirements herein provided. Said attendance officers shall be paid not less than one dollar nor more than three dollars per day during such period of time as they may be employed by the School Board, and said payment shall be made out of the public school funds of said city or county. Said attendance officers shall serve written or printed notices upon the parents or guardian, or other person having charge and control of any child as aforesaid, who violate the provisions of this Act; and shall, when reasonable doubt exists as to the age of any child, require a properly attested birth certificate; and shall have the right to visit and enter any office or factory or business house employing children as aforesaid; and the right to require a properly attested certificate of attendance of any child at a day school; and power to arrest, without warrant, all truants as aforesaid, and place them in some public school, unless the parent, guardian, or person having charge or control of said child shall at once place them in some other day school as aforesaid; such attendance officers shall serve the legal notices and subpoenas of the court without further fee or compensation than that paid by the Board of Education as aforesaid, and he shall carry into effect such other regulations as may lawfully be required by the Board electing him. SEC. 8. Be it further enacted, That the Board of Education having charge of the public schools of any city or county having a population of ten thousand school. or more by the Federal census of 1910 or any subsequent Federal census, may establish a truancy school, either within or without their city or county limits, for children who are between the ages of eight and sixteen years, and who are habitual truants from day school in which they are enrolled as pupils, or while in attendance at school are incorrigible, vicious, or immoral, or who habitually wander or loiter about the woods or public places without lawful employment; and such children may be deemed disorderly juvenile persons, and may be by Truancy said School Board, through its officers assigned to, and required and compelled to attend such truancy school or any department of the graded school, as such School Board may direct. SEC. 9. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed, and that this Act take effect from and after its passage, the public welfare requiring it. Passed February 18, 1913. W. M. STANTON, Speaker of the House of Representatives. NEWTON H. WHITE, Speaker of the Senate. Approved February 19, 1913. BEN W. HOOPER, CHAPTER 10. HOUSE BILL No. 252. (By Mr. Abernathy.) AN ACT to be entitled "An Act to amend an Act passed April 9, 1907, and approved April 12, 1907, being Chapter 390 of the Acts of 1907 and entitled 'An Act to amend an Act to create a Railroad Commission in this State and define its duties and powers; to prohibit extortion, unjust discrimination, and undue and unreasonable preferences by railroad companies and other persons operating railroads in this State in their charges for transportation of freight and passengers; to secure just and reasonable rates and charges for all such services; and to impose penalties and provide adequate civil remedies for and punish violations of this Act, and to secure the due execution and enforcement of its provisions and all lawful orders, rules, and regulations of the said Railroad Commission.'" SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 1 of an Act passed April 9, 1907, and approved April 12, 1907, being Chapter 390 of the Acts of the General As |