Deputies.

777. He may appoint such deputies and other assistants as shall be authorized by the board of public education. All plans for new school construction, additions, or repairs shall be approved by the superintendent of buildings and the superintendent of schools before submission to the board of education for approval and passage."

Janitors.

778. Janitors for buildings devoted to elementary education shall be appointed by the sectional school boards. Janitors for school buildings other than those devoted to elementary education, provided by the regular graded course of study, shall be appointed by the board of public education. Said janitors shall receive such compensation as the board of public education may determine, and shall discharge their duties under the direction and to the satisfaction of the superintendent of buildings. They shall hold their positions at the pleasure of the board of education : Provided, however, That janitors now employed in schools within the limits of said cities of the first class shall not, save for cause, be displaced by the provisions of this section. 22

Superintendent of supplies. Assistants.

779. A superintendent of supplies shall be appointed by the board of public education, as hereinbefore provided, and shall give such security for the faithful performance of the duties of his office as the board of public education shall prescribe. He shall purchase and shall have the care and distribution of all supplies needed for the schools, under such regulations as the board of public education shall prescribe. He may appoint such assistants as shall be authorized by the board. 23

Appropriation for school purposes. Expenditures.

780. Councils of said city of the first class shall annually appropriate a sum for school purposes, which shall

be not less than five (5) mills on each dollar of the total assessment of real property of said school district, upon which the tax rate for the succeeding year is fixed. All the moneys raised shall be appropriated by the councils to and for such purposes as to them shall seem best, and said moneys shall not be expended by said board for any other purposes, nor for any one purpose, in a greater amount than shall be authorized by councils; and no moneys shall be drawn from the city treasury except by due process of law, or upon warrants on the treasurer through duly authorized officers of the board of public education, and countersigned by the city controller, which shall state the particular item to which the same is chargeable.24

The board to be a corporation. Titles.

781. The board shall have complete power to administer all money or moneys appropriated or available for its use, as hereinbefore provided, and to enter into and execute contracts, and for these purposes shall possess the powers and privileges of a corporation of the first class. The title to all property now held or that may hereafter be acquired for school or educational purposes, in the said school district of the first class, shall be vested in said city of the first class ; but all such property shall be under the exclusive care and control of the board of public education.25

Powers, rights, etc.

782. The board of public education in each school district of the first class shall succeed to, and shall have and possess, all the powers, rights and privileges, not inconsistent with this act, which the present existing board of public education in its respective district now lawfully has. Until the board of public education herein provided shall organize under the provisions of this act, the existing laws relating to the school district of the first class shall be in

full force and effect.26

All acts or portions of acts now in force so far as they are inconsistent herewith are hereby repealed.27

Cities may establish institutions for scientific and educational instruction. Acquisition of property. Trustees.

783. The city councils of any city, with the approval of the mayor or recorder thereof, may establish in such city. institutions authorized to collect and hold certain educational and economic collections, the object of each being the scientific, educational and economic instruction of the public concerning commerce, manufacturing, mining and agriculture; said institutions to have power to purchase or accept by gift any real estate, money or personal property necessary for their use and promotion, and power to use, convey or transfer the same, as if they were bodies corporate, to be governed by boards of trustees, nominated, appointed and confirmed in such manner as the city councils may determine. 28 a

Public health.

784. All departments of health of the cities of the first class of this Commonwealth shall have full power, and shall make, immediately after this act shall become a law, such rules and regulations, which in their judgment may be proper and necessary, for the protection of the public health, and amend or alter the same, from the diseases known as cholera, yellow, malarial, typhoid, typhus, scarlet, puerperal and relapsing fevers, small-pox, (variola or varioloid), chicken-pox (varicella), diphtheria, diphtheritic and membraneous croups, cerebro-spinal meningitis, measles, mumps, whooping-cough, tuberculosis (in any of its diverse forms), pneumonia, erysipelas, plague (Bubonic), trachoma, leprosy, tetanus, glanders, hydrophobia (rabies) and

anthrax.29

Rules and regulations.

785. Rules and regulations shall cover and include: (a) The reports to be made by physicians or other persons, in attendance upon any person afflicted with any of the said diseases, to said health authorities.

28.

29.

Act April 25, 1903, Sec. 1, P. L. 314.

a This act is an example of the evolution of the legislative conception of the purpose of municipal government. What connection

the latter has with mining and agriculture is not clearly apparent. Act April 20, 1905, Sec. 1, P. L. 228.

(b) The quarantining and disinfecting of persons and premises, and the placarding of notices.

(c) The treatment or disposal of infected bedding, clothing, or other articles.

(d) The care and burial of the bodies of persons who may have died from any of the said diseases, fixing the limit of time for burial, the methods to be used, the attendance of persons, and the style of advertising the funeral.

(e) The disinfection of conveyances used in the burial of persons who may have died from said diseases, which may have been used by a person afflicted with any of said diseases or person who may have been in contact with the

same.

(f) The admission and attendance of persons at public or private schools, hospitals and asylums, or any other public or private educational or charitable institutions, and the compulsory vaccination and revaccination of inmates thereof, and of persons attending the same, or employed therein as physicians, teachers, nurses, or in any other capacity.30 Publicity.

786. All rules and regulations and all changes and amendments, when adopted, shall be printed and distributed for public use; copies of the same shall be filed with the state board of health. Copies shall be prepared and furnished to every educational institution, public or private, and to every physician and undertaker, within the jurisdiction of the health authorities promulgating the same.3 All acts or parts of acts inconsistent with this act are hereby repealed.

Election of teachers.

787. The board of public education of the city of Philadelphia has the right to prescribe the qualifications of all teachers, and to classify or grade them in accordance therewith, in such manner and by such tests as the board in its discretion may deem best for the interest of the public school system of the district; and in determining the qual

30. Act April 20, 1905, Sec. 2, P. L. 228. 31. Act April 20, 1905, Sec. 3, P. L. 228.

ifications of teachers for different kinds of schools, the board may take into consideration the question of sex.

The board of education of the city of Philadelphia may determine that male teachers only shall be principals of certain classes of schools, and in doing so they do not violate the provisions of Article X., Sec. 3, of the constitution of Pennsylvania, that "women twenty-one years of age and upwards shall be eligible to any office of control or management under the school laws of this state;" because the position of teacher is not an "office of control or management" within the meaning of the constitution.

The sectional school boards in the city of Philadelphia have the right to select from the classes of teachers established by the board of education the individuals to fill the required positions in their several sections, and to certify the names of the persons so selected, whether as principals or assistant teachers, to the board of education. The board of education then has the right to inquire whether the person so certified is a qualified member of the class from which the particular position should be filled, and, if so, it is charged with the duty of certifying the name and position to the city controller. The latter duty is ministerial and imperative, but it only arises after the board has ascertained, in pursuance of its right of inquiry, that a proper occasion is presented for its performance. 32

32. Commonwealth vs. Board of Education, 187 Pa. 70, 1898.