PUBLIC EDUCATION. 2445

and February, and such special meetings may be held as the duties and
business of the board may require.

For a resume of the powers and duties of the state board of education, see Duer v.
Dashiell, 91 Md. 669,

See sec. 5.

An. Code, sec. 10. 1904, sec. 10. 1888, sec. 10. 1872, ch. 377. 1904, ch. 584. 1906, ch. 356.

1916, ch. 506, sec. 10.

10. The members of the state board of education shall receive no salary,
but their actual traveling and other necessary expenses incurred in attend-
ing the meetings and transacting the business of the board shall be paid.
The state superintendent of schools shall be the chief executive, the secre-
tary and the treasurer of the state board of education. He shall attend all
meetings of the board and of its committees, except when his own tenure,
salary or the administration of his office are under consideration, and
shall have the right to advise on any question under consideration, but
shall have no right to vote.

See art. 19, sec. 36, and note to sec. 9 (this article).

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1870, ch. 311! 1872, ch. 377, sub-ch. 3, sec. 4.
1874, ch. 463. 1898, ch. 221. 1904, ch. 584. 1916, ch. 506, sec. 11. 1920, ch. 249, sec. 11.

11. The State Board of Education shall, to the best of their ability,
cause the provisions of this Article to be carried into effect. They shall
determine the educational policies of the State; they shall enact by-laws
for the administration of the public school system, which when enacted
and published shall have the force of law. For the purpose of enforcing
the provisions of this Article, and the enacted and published by-laws
of the Board, the State Board of Education shall, if necessary, institute
legal proceedings. The State Board of Education shall explain the true
intent and meaning of the law, and they shall decide, without expense to
the parties concerned, all controversies and disputes that arise under it,
and their decision shall be final; and the secretary of the State Board of
Education shall have authority to administer oaths, in any part of the
State, to witness in any matter pending before said Board.

Under secs. 85 and 192, while the principal teachers of district schools are appointed
by district trustees subject to confirmation by school commissioners, the latter have
direct control of high schools, and authority to appoint principal and assistant
teachers thereof. The control, however, given, to school commissioners of high
schools is subject to the provisions of this section; hence the determination of the
school commissioners relative to dismissal of a teacher of a high school is subject to
visitorial power of state board; action of latter cannot be controlled by courts. The
question of which of two persons shall be recognized as a teacher of a school involves
the proper administration of school system. Zantzinger v. Manning, 123 Md. 177
And see School Commissioners v. Morris, 123 Md. 402; School Commissioners v.
Breeding, 126 Md. 86.

This section does not give state board of education authority to determine purely
legal questions; the courts have jurisdiction to pass on such questions. Cases
involving only proper administration of public school system, distinguished. The
act of 1904, ch. 584, did not repeal act of 1896, ch. 275, providing for erection of a
high school at Annapolis and for its support and control. School Commissioners v.
Henkel, 117 Md. 100; School Commissioners v. Morris, 123 Md. 402; Zantzinger v.
Manning, 123 Md. 181.

This section confers a comprehensive visitorial power upon the state board which
is summary and exclusive. Where such power is sufficiently comprehensive, the
courts will not interfere. Wiley v. School Commissioners, 51 Md. 405; Shober v.