shall be appropriated the sum or sums which may be received from year to year as the school fund of this Commonwealth.

24. The board shall also have authority to accept for the use and benefit of the schools any gift or devise which may be made to said schools.

§ 25. All officers of any city of the fourth class, and of the State, concerned with the assessment and collection of taxes, fines and penalties, shall perform such duties in relation to the levying and collection of school taxes and the collection of such fines and penalties, and the payment thereof to said board for school purposes, as are now imposed by the existing laws upon such officers in relation to the levy and collection of school taxes and the collection of fines and penalties payable to the school funds; and nothing in this act, unless inconsistent therewith shall be construed as repealing any existing law providing for the assessment and collection of school taxes in such city; and all powers and duties conferred by existing laws upon any board in relation thereto shall be continued in the board created by this act.

§ 26. The board of education shall have power to establish and maintain kindergartens for children from four to six years of age, high schools, night schools for all residents of the city, and normal training classes for the purpose of training teachers to fill positions in the schools of the city, and to this end, it may prescribe rules and regulations for the government of such schools and employ the principals and other teachers necessary for their efficient management.

27. The board of education shall provide, maintain and support separate schools, or provide for the education of all colored children who are

bona fide residents of said school district and entitled to free tuition in the common schools. Said colored schools or children shall be entitled to the same benefits, be governed by the same rules and regulations, and be subject to the same restrictions as the schools herein provided for white children.

§ 28. The board shall have the power to admit to any school pupils from beyond the limits of the school district and shall collect for these pupils tuition fees for the benefit of the school fund of the school district. Children or persons residing outside of the limits of the school district shall not be admitted as pupils into any of the public schools, except upon payment of such tuition as the board may require as aforesaid.

§ 29. A city of the fourth class being deemed one district for taxation purposes, and entitled to its proportion of the public school fund of the Commonwealth, the board of education of such city shall make detailed reports annually, and special reports as required, to the State Superintendent of Public Instruction. The board shall also cause a census of the children of school age to be taken during the month of April each year and the returns made according to the general school law.

30. The board of education shall, at the end of each scholastic year, prepare and publish for the information of the public, a report which shall include the annual reports made to the board by the superintendent, and secretary, together with such other information as may be proper and necessary to an understanding of the general condition and educational progress of the schools during the preceding year.

§ 31. Any member, officer or employe of such board who shall wilfully violate any of the provis

ions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than five hundred dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the jury. § 32. All testimony taken upon any investigation made by the board, or in any proceedings before the board for the removal of any officer or employe of the board, or in any investigation made by any committee of the board, shall be under oath, which oath may be administered by the secretary or any officer authorized to administer oaths.

§ 33. Said board, or any duly constituted committee thereof, shall have the power in any investigation or proceedings before it concerning a matter which may be a proper subject of inquiry by it, to summon witnesses by subpoena and to enforce the compulsory attendance of said witnesses. Should any person so summoned refuse to attend or to produce a paper to be used as evidence in said investigation, or proceeding, or, being present, refuse to testify concerning any matter which may be a proper subject of inquiry, he shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than ten and not more than fifty dollars.

§ 34. Whenever it becomes desirable for a city of the fourth class to extend the boundary for school purposes beyond the city limits, the qualified voters in such territory shall prepare a petition in duplicate setting forth the names of all parties to be changed, and defining the proposed change in the boundary of the said school district. Said petition shall be signed by a majority of the voters in said territory, and a copy shall be filed with the Board of Education of such city, and allso with the

county board of education of the county in which such city is located. Upon the approval of said petition by the board of education of such city and by the county board of education of such county, each board shall make an order on its record book providing for the change, and the change shall become effective at once.

If at any time the boundary of a school district extends beyond the boundary of said city, the Board of Education shall file a copy of the estimate of the amount of money necessary to conduct the schools with the fiscal court of the county in which said city is located, and shall estimate the amount of money which may be received from the city and from the territory beyond the limits of said city which is included in the school district, and the fiscal court of said county shall make a levy to cover its proportional part of said taxes on the property in said school district which is located outside of the city limits. The rate of taxation by the general council or board of commissioners and by the fiscal court in such school district shall be the same in all cases.

§ 35. The general school laws of this State and all laws and parts of laws applicable to the general system of public schools in a city of the fourth class not inconsistent herewith, shall be in full force and effect in such city.

36. This act shall be in full force and effect from and after its passage, and approval by the Governor, as provided by law, and shall be in full force and effect in any city of the fourth class upon its acceptance and approval by a majority of the qualified voters of such city, as expressed at a special election which shall be called and held in the same manner as is provided by Section 22 of

this act. The question propounded to each qualified voter at said election shall be as follows: "Are you in favor of adopting the commission form of government for the schools of

Kentucky?" And the clerk shall record the answer "yes" or "no."

Approved March 23, 1916.

CHAPTER 60.

AN ACT to regulate liability of common carriers upon "Intra
State" shipments.

Be it enacted by the General Assembly of the
Commonwealth of Kentucky:

That any common carrier, railroad, or transportation company within this State receiving property for transportation from one point in this State to another point within this State shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property, caused by it or by any common carrier, railroad or transportation company to which such property may be delivered, or over whose line. or lines such property may pass, and no contract, receipt, rule, or regulation shall exempt such common carrier, railroad or transportation company from the liability hereby imposed; and such contract shall be construed to be as between the shipper and the carrier to whom the goods are delivered, a contract by said carrier to deliver said goods at the point of destination. Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.