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o prevent illiteracy, secure a reasonable degree of uniformity in course nd to promote industrial, scientific, and agricultural improvements. 2. All colleges, universities, and other educational institutions, for t of which lands have been granted to this state, or which are sup1 public tax, shall remain under the absolute and exclusive control of

No money raised for the support of the public schools of the state inopriated to or used for the support of any sectarian school.

ARTICLE IX.

SCHOOL AND PUBLIC LANDS. 3. All proceeds of the public lands that have heretofore been or may e granted by the United States for the support of the common schools e; all such per centum as may be granted by the United States on the blic lands; the proceeds of property that shall fall to the state by e proceeds of all gifts and donations to the state for common schools, rwise appropriated by the terms of the gift, and all other property required for common schools, shall be and remain a perpetual fund intenance of the common schools of the state. It shall be deemed a

the principle of which shall forever remain inviolate and may be ut never dininished. The state shall make good all losses thereof. H. The interest and income of this fund together with the next proI fines for violation of state laws, and all other sums which may be

to by law shall be faithfully used and appliel each year for the benekommon schools of the state, and shall be for this purpose apporng and between all the several common school corporations of the oportion to the number of children in each of school age, as may law, and no part of the fund shall ever be diverted even temporarily, urpose, or used for any other purpose whatever than the maintenance schools for the equal benetit of all the people of the state; provided, lat if any portion of the interest or income aforesaid shall be not uring any year, said portion shall be added to and become a part of l'und. 5. After one year from the assembling of the first legislative assemls granted to the state from the United States for the support of the hools may be sold upon the following conditions and no other : No one-fourth of all such lands shall be sold within the first five years me become saleable by virtue of this section. No more than one-half under within ten years after the same become saleable as aforesaid. | may be sold at any time after the expiration of said ten years. The assembly shall provide for the sale of all school lands subject to the bf this article. The coal lands of the state shall never be sold, but ive assembly may by general laws provide for leasing the same. The I lands" shall include lands bearing lignite coal. hi. The superintendent of public instruction, governor, attorney gentry of state and state auditor shall constitute a board of commissionshall be denominated the “Board of University and School Lands" t to the provisions of this article, and any law that may be passed slative assembly, said board shall have control of the appraisement,

and disposal of all school and university lands, and shall direct the of the funds arising therefrom in the hands of the state treasurer, imitations in section 160 of this article. 7. The county superintendent of common schools, the chairman of

board and the county auditor shall constitute boards of appraisal, the authority of the state board of university and school lands shall I school lands within their respective counties which they may from ne recommend for sale at tbeir actual value mder the prescribed shall first select and designate for sale the most valuable lands. 8. No land shall be sold for less than the appraised value, and in | less than ten dollars per acre. The purchaser shall pay one-fifth - in cash, and the remaining four-fifths as follows: h in five years, one-fifth on or before the expiration of ten years,

one-tifth on or before the expiration of fifteen years, and one-fifth on or before the expiration of twenty years, with interest at the rate of not less than five per cent per annum, payable annually in advance; provided, that when pas ments are made before due they shall be made at an interest paying date, ang one year's interest in advance shall be paid on money's so paid. All sales shall be held at the county seat of the county in which the land to be sold i situated, and shall be at public auction and to the highest bidder, after siit: dars' advertisement of the same in a newspaper of general circulation in tb vicinity of the land to be sold, and one at the seat of government. Such lands its shall not have been specially subdivided shall be offered in tracts of out quarter section, and those sub-dividerl in the smallest subdivisions. All lands designated for sale and not sold within two years after appraisal shall be in appraised before they are sold. No grant or patent for such lands shall issa until payment is made for the same; provided that the land contracted to be sold by the state shall be subject to taxation from the date of contract. 1 case the taxes assessed against any of said lands for any year remain mijn until the first Monday in October of the following year, then thereupon the cat tract of sale for such lands shall, if the board of university and school laip so determine, become null and void. Any lands under the provisions of sertit: 15% of the constitution of the State of North Dakota that have heretofore + sold, may be paid for, except as to interest, is provided, further, that any schede or institution lands that may be required for townsite purposes, school bune sites, church sites, cemetery sites, sites for other educational or charitable is tutions, public parks, fair grounds, public highways, railroad right of way of for other railroad uses and purposes, reservoirs for the storage of wate! irrigation, drain ditches or irrigation ditches, and lands that may be requie for any of the purposes over which the right of eminent domain may be el ércised under the constitution and the laws of the State of North Dakota, la De sold under the provisions of this section, and shall be paid for, principal aid interest, in full in advanice, at the time of sale, or at any time thereafter, 17) patent issuel therefor, when principal and interest are paid.9

" Section 158 has been amended three times; the first amendment was propie! and adopted by the legislature of 1905, re-adopted by the legislature of 1901 an ratified at the election of Nov. 3, 1908. The second amendment was proposed as adopted by the legislature of 1907, re-adopted by the legislature of 1909, and ratit 1 at the election of Nov. 8, 1910. The third amendment was proposed and adopted is the legislature of 1909, re-adopted by the legislature of 1911 and ratified at the few tion of Nov. 5, 1912. The text of the amendment of 1908 is as follows: Section 15 Minimum Price of State Lands, No lands shall be sold for less than the apprais value and in no case for less than ten dollars per acre. The purchaser shall pay or fifth of the price in cash, and the remaining four-fifths as follows: One-fifth in fiv* years, one-fifth in ten years, one-fifth in fifteen years and one-fifth in twenty y with interest at the rate of not less than six per centum, payable annually in advars All sales shall be held at the county seat of the county in which the land to be soll is situate, and shall be at public, auction and to the highest bidder, after sixty days advertisement of the silme in a newspaper of general circulation in the vicinity of * * lands to be sold. and one at the seat of government. Such lands as shall not treno been specially subdivided shall be offered in tracts of one-quarter section, and thos subdivided in the smallest sub-divisions. All lands designated for sale and not ser within two years after appraisal, shall be reappraised before they are sold, No. or patent for any such lands shall issue until payment is made for the same; vided, that the lands contracted to be sold by the state shall be subject to taxatse from the date of such contract. In case the taxes assessed against any of said lix for any year remain umpaid until the first Monday in October of the follow ing." then and thereupon the contracts of sale of such lands shall, at the election of t. board of university and school lands, become null and void ; and no such contract ** tofore made shall be held void for nonpayment of taxes accruing on the lands scribed therein ; provided, such taxes shall have been paid before this amendment tam effect: provided, further, that any school or institution land that may be required* townsite purposes may be paid for at any time and patent issued therefor.

The text of the amendment of 1910 is as follows: Section 158. No land sha!! sold for less than the appraised value, and in no case for less than ten dollars ?

The purchaser shall pay one-fifth of the price in cash and the remaining fos", fifths ffour-fifths) as follows: One-fifth in five years, one-fifth on or before the ** piration of ten years, one-fifth on or before the expiration of fifteen years, and ca fifth on or before the expiration of twenty years, with interest payable at the rat not less than five per cent. per annum payable annually in advance: provided when payments are made before due they shall be made at an interest-paying da: one year's interest in advance shall be paid on all moneys so paid. All sales shall be at the county seat of the county in which the land to be sold is situated, and be

acre.

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159. All land, money or other property donated, granted or received

United States or any other source for a university, school of mines, hool, agricultural college, deaf and thumb asylum, normal school or cational or charitable institution or purpose, and the proceeds of all s and other property so received from any source, shall be and remain

funds, the interest and income of which, together with the rents of lands als may remain unsold, shall be inviolably appropriated and

the specific objects of the original grants or gifts. The principal of a fund may be increased but shall never be diminishel, and the interest he only shall be used. Every such fund shall be deemed a trust fund he state, and the state shall make good all losses thereof, 101). All lands mentioned in the preceding section shall be appraised in the same manner and under the same limitations and subject to all ions as to price and sale as provided above for the appraisal and sale or the benefit of common schools; but a distinct and separate account ept by the proper officers of each of said funds; provided, that the limito the time in which school land may be sold shall apply only to lands r the support of common schools. 61. The legislative assembly shall have authority to provide by law ising of lands granted to the state for educational and charitable purt no such law shall authorize the leasing of said lands for a longer un five years. Said lands shal only be leased for pasturage and urposes and at a public auction after notice as heretofore provided in le; provided, that all of said school lands now umler cultivation may at the discretion and under the control of the board of university

lands, for other than pasturage and meadow purposes imtil sold. All 1 be paid in advance. 62. The moneys of the permanent school fund and other educational I be invested only in bonds of school corporations or of counties, or of

or of municipalities within the state, bonds issued for the construction under authority of law within the state, bonds of the United States, he State of North Dakota, bonds of other states; provided, such states r repudiated any of their imlebtedness, or on first mortgages on farm his state, not exceeding in amount one-third of the actual value of

ision on which the same may be loaned, such, value to be determined ırd of appraisal of school lands. 10 63. No law shall ever be passed by the legislative assembly granting pson, corporation or association any privileges by reason of the occuItivation or improvement of any public lands by said person, corporasociation subsequent to the survey thereof by the general government. for the occupation, cultivation or improvement of any public lands be recognized, nor shall such occupation, cultivation or improvement blic lands ever be used to diminish either directly or indirectly, the price of said lands, 14. The legislative assembly shall have authority to provide by law le or disposal of all public lands that have been heretofore, or may ion and to the highest bidder after sixty days advertisement of the same aper in general circulation in the vicinity of the land to be sold, and also h a newspaper published at the county seat, and also in a newspaper pubhe seat of government. Such lands as shall not have been especially sub, 11 be offered in tracts of one-quarter section, and those subdivided in the Ib-division. All lands designated for sale and not sold within two years isal shall be re-appraised before they are sold. No grant or patent for such

issue until payment is made for the same; provided, that the lands cone sold by the state shall be subject to taxation from the date of such conase the taxes assessed against any of said lands for any year remain unpaid rst Monday in October of the following year, then and thereupon the conle for such lands shall. if the board of university and school lands so decome null and void. Any lands under the provisions of section 158 of the

of the State of North Dakota that have heretofore been sold may be paid as to interest, as provided herein; provided, further, that any school or lands that may be required for township purposes, may be paid for at any atent issued therefor. idment proposed and adopted by the legislature of 1903, re-adopted by the of 1905, and ratified at the election of Nov, 6, 1906.

hereafter be granted by the United States to the state for purposes other than set forth and named in sections 153 and 159 of this article. And the legislative assembly, in providing for the appraisement, sale, rental and disposal of the same, shall not be subject to the provisions and limitations of this article.

SEC. 165. The legislative assembly shall pass suitable laws for the safe keeping, transfer and disbursement of the state school funds; and shall require all officers charged with the same or the safe keeping thereof to give ample bonds for all moneys and funds received by them, and if any of said officer shall convert to his own use in any manner or form, or shall loan with or without interest or shall deposit in his own name, or otherwise than in the name of the state of North Dakota, or shall deposit in any banks or with ans person or persons, or exchange for other funds or property any portion of toe school funds aforesaid or purposely allow any portion of the same to remain in his own hands uninvested, except in the manner prescribed by law, every such act shall constitute an embezzlement of so much of the aforesaid school funds as shall be thus taken or loaned, or deposited, or exchanged, or with. held, and shall be a felony; and any failure to pay over, produce or account for, the state school funds or any part of the same entrusted to any such officer, as by law required or demanded, shall be held and be taken to be prima facie evidence of such embezzlenient.

ARTICLE X.

COUNTY AND TOWNSHIP ORGANIZATION. SEC. 106. The sereral counties in the territory of Dakota lying north / the seventh standard parallel as they now exist, are hereby declared to le counties of the state of North Dakota.

SEC. 167. The legislative assembly shall provide by general law for organ izing new counties, locating the county seats thereof temporarily, and changin: county lines, but no new county shall be organized, nor shall any organized. county be so reduced as to include an area of less than twenty-four congtex!. sional townships, and containing a population of less than one thousand bob fide inhabitants. And in the organization of new counties and in changing the lines of organized counties and boundaries of congressional townships, the natural boundaries shall be observed as nearly as may be.

SEC. 168. All changes in the boundaries of organized counties before taking effect shall be subinitted to the electors of the county or counties to be affected thereby at a general election and be adopted by a majority of all the legal roles, cast in each county at such election; and in case any portion of an organize county is stricken off and added to another the county to which such portion added shall assume and be holden for an equitable proportion of the indebtedness of the county so reduced.

SEC. 169. The legislative assembly shall provide by general law, for chane! ing county seats in organized counties, but it shall have no power to remove the county seat of any organized county.

SEC. 170. The legislative assembly shall provide by general law for town ship organization, under which any county may organize, whenever a majority of all the legal voters of such county, voting at a general election, shall so dete. mine, and whenever any county shall adopt township organization, so much of this constitution as provides for the management of the fiscal concerns of si county by the board of county commissioners, may be dispensed with be a majority vote of the people voting at any general election; and the affairs ! said county may be transacted by the chairmen of the several township boaris of said county, and such others as may be provided by law for incorporated citie towns or villages within such county.

SEC. 171. In any county that shall have adopted a system of government to the chairmen of the several township boards, the question of continuing the same may be submitted to the electors of such county at a general election such a manner as may be provided by law, and if a majority of all the top cast upon such question shall be against said system of government, then s system shall cease in said county, and the affairs of said county shall tbert

d by a board of county commissioners as is now provided by the laws rritory of Dakota. 172. Until the system of county government by the chairmen of the bwnship boards is adopted by any county the fiscal affairs of said county transacted by a board of county commissioners. Said board shall conbt less than three and not more than five members, whose terms of office prescribed by law. Said board shall hold sessions for the transaction

business as shall be provided by law. 173. At the first general election held after the adoption of this con

and every two years thereafter, there shall be elected in each organty in the state, a county judge, clerk of court, register of deeds, county treasurer. sheriff and state's attorney, who shall be electors of the

which they are elected, and who shall hold their office until their s are elected and qualified. The legislative assembly shall provide by uch other county, township and district officers as may be deemed nechd shall prescribe the duties and compensation of all county, township ict officers. The sheriff and treasurer of any county shall not hold bective offices for more than four years in succession.

ARTICLE XI.

REVENUE AND TAXATION.

174. The legislative assembly shall provide for raising revenue suffilefray the expenses of the state for each year, not to exceed in any four (4) niills on the dollar of the assessed valuation of all taxable in the state, to be ascertained by the last assessment made for state ty purposes, and also a sufficient sum to pay the interest on the state

175. Yo tax shall be levied except in pursuance of law, and every law a tax shall state distinctly the object of the same, to which only it applied. 176, Taxes shall be uniform upon the same class of property, including

within the territorial limits of the authority levying the tax, and evied and collected for public purposes only, but the property of the tates, and of the state, county and municipal corporations shall be rom taxation; and the legislative assembly shall by a general law rom taxation property used exclusively for school, religious, cemetery,

or other public purposes, and personal property to any amount not in value two hundred dollars for each individual liable to taxation; that all taxes and exemptions in force when this amendment is adopted ain in force, in the same manner and to the same extent, until otherided by statute.11 177. All improvements on land shall be assessed in accordance with 19, but plowing shall not be considered as an improvement or add to

of land for the purpose of assessment. 178. The power of taxation shall never be surrendered or suspended rant or contract to which the state or any county or other municipal on shall be a party. 179. All taxable property except as hereinafter in this section proill be assesserl in the county, city, township, village or district in which ited, in the manner prescribed by law. The property, including fran

all railroads operated in this state, and of all express companies, he companies, dining car companies, sleeping car companies, car equippanies, or private car line companies, telegraph or telephone companies ion - 176 has been 'amended twice: the first amendment was proposed and

the legislature of 1901, re-adopted by the legislature of 1903, and ratified tion of Nov. 8, 1904. The second amendment was proposed and adopted by ture of 1911, re-adopted by the legislature of 1913 and ratified at the elecbv. 3, 1914. The amendment of 1904 added the following sentence to the -ction : The Legislative assembly may further provide that grain grown state and held therein in elevators, warehouses and granaries may be taxed rate.

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