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versity, which shall embrace departments of agriculture, mechanic arts, and min. ing, to be controlled by a board of regents, whose duties shall be prescribed by law.
Sec. 5. The legislature shall have power to establish normal schools and such different grades of schools, from the primary department to the university, as, their discretion, they may deem necessary; and all professors in said uni. versity or teachers in said schools, of whatever grade, shall be required to take and subscribe to the oath as prescribed in article sixteen of this constitution. No professor or teacher who fails to comply with the provisions of any law framed in accordance with the provisions of this section shall be entitled to receive any portion of the public moneys set apart for school purposes.
SEC. 6. The legislature shall provide a special tax of one-half of one mill on the dollar of all taxable property in the State in addition to the other means provided, for the support and maintenance of said university and common schools: Provided, That at the end of ten years they may reduce said tax to one-quarter of one mill on each dollar of taxable property.
SEC. 7. The governor, secretary of state, and superintendent of public instruction shall, for the first four years, and until their successors are elected and qualified, constitute a board of regents to control and manage the affairs of the university and the funds of the same, under such regulations as may be provided by law. But the legislature shall, at its regular session next preceding the expiration of the term of office of the said board of regents, provide for the election of a new board and define their duties.
SEC. 8. The board of regents shall, from the interest accruing from the first funds which come under their control, immediately organize and maintain the said mining department in such manner as to make it the most effective and useful: Prorided, That all the proceeds of the public lands donated by act of Congress approved July second, eighteen hundred and sixty-two, for a college for the benefit of agriculture, the mechanic arts, and including military tactics, shall be invested by the said board of regents in a separate fund, to be appropriated exclusively to the benefit of the first named departments to the university, as set forth in section four above; and the legislature shall provide that if, through neglect or any other contingency, any portion of the fund so set apart shall be lost or misappropriated, the State of Nevada shall replace said amount so lost or misappropriated in said fund, so that the principal of said fund shall forever remain undiminished.
SEC. 9. No sectarian instruction shall be imparted or tolerate in any school or university that may be established under this constitution
NEBRASKA. Organized as a Territory in 1854. Area, 63,300 square miles. Admitted into the Union March, 1867. Its constitution has the following article on
EDUCATION. SECTION 1. The principal of all funds arising from the sale or other disposition of lands, or other property granted or intrusted to this State for educational and religious purposes, shall forever be preserved in violate and undiminished ; and the income arising therefrom shall be faithfully applied to the specific objects of the original grants or appropriations. The legislature shall make such provisions, by taxation or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the State; but no religious sect or sects shall ever have any exclusive right or control of any part of the school funds of this State.
Sec. 2. The university lands, school lands, and all other lands which have been acquired by the Ierritory of Nebraska, or which may hereafter be acquired by the State of Nebraska for educational or school purposes, shall not be aliened or sold for a less sum than five dollars per acre.
CONSTITUTIONAL PROVISION RESPECTING EDUCATION.
REVISIONS OF 1867-'68.
The constitution of the State of Alabama, as revised and amended by the constitutional convention assembled at Montgomery on the 5th day of November, 1867, contains the following provision :
ARTICLE XI. -EDUCATION.
SECTION 1. The common schools, and other educational institutions of the State, shall be under the management of a board of education, consisting of a superintendent of public instruction and two members from each congressional district.
The goveruor of the State shall be er-officio a member of the board, but shall have no vote in its proceedings.
Sec. 2. The superintendent of public instruction shall be president of the board of education, and have the casting vote in case of a tie; he shall have the supervision of the public schools of the State, and perform such other duties as may be imposed upon him by the board and the laws of the State. He shall be elected in the same manner and for the same term as the governor of the State, and receive such salary as may be tixed by law. An office shall be assigned him in the capital of the State.
Sec. 3. The members of the board shall hold office for a term of four years, and until their successors shall be elected and qualified. After the first election under the constitution the board sball be divided into two equal classes, so that each class shall consist of one member from each district. The seats of the first class shall be vacated at the expiration of two years from the day of election, so that one-half may be chosen biennially.
Sec. 4. The members of the board of education, except the superintendent, shall be elected by the qualified electors of the congressional districts in which they are chosen, at the same time and in the same manner as the members of Congress.
Sec. 5. The board of education shall exercise full legislative powers in refer. ence to the public educational institutions of the State, and its acts, when approved by the governor, or when re-enacted by two-thirds of the board, in case of his disapproval, shall have the force and effect of law, unless repealed by the general assembly.
Sec. 6. It shall be the duty of the board to establish, throughout the State, in each township, or other school district which it may have created, one or more schools, at which all the children of the State, between the ages of five and twenty-one years, may attend free of charge.
Sec. 7. No rule or law affecting the general interest of education shall be made by the board without a concurrence of a majority of its members. The style of all acts of the board shall be, “Be it enacted by the board of education of the State of Alabama."
SEC. 8. The board of education shall be a body politic and corporate, by the name and style of the Board of Education of the State of Alabama. Said board shall also be a board of regents of the State University, and, when sitting as a board of regents of the university, shall have power to appoint the president and the faculties thereof.
The president of the university shall be ex-officio a member of the board of regents, but shall have no vote in its proceedings.
Sec. 9. The board of education shall meet annually at the seat of government at the same time as the general assembly, but no session shall continue longer than twenty days, nor shall more than one session be held in the same year, unless authorized by the governor. The members shall receive the same mileage and daily pay as the meinbers of the general assembly.
SEC. 10. The proceeds of all lands that have been or may be granted by the United States to the State for educational purposes; of the swamp lands, and of all lands or other property given by individuals or appropriated by the State for like purposes ; and of all estates of deceased persons who have died without leaving a will or heir; and all moneys which may be paid as an equivalent for exemption from military duty, shall be and remain a perpetual fund, which may be increased but not diininished, and the interest and income of which, together with the rents of all such lands as may remain unsold, and such other means as the general assembly may provide, shall be inviolably appropriated to educational purposes, and to no other purpose whatever.
SEC. 11. In addition to the amount accruing from the above sources, one-fifth of the aggregate annual revenue of the State shall be devoted exclusively to the maivtenance of public schools.
SEC. 12. The general assembly may give power to the authorities of the school districts to levy a poll tax on the inhabitants of the district in aid of the general school fund and for no other purpose.
Sec. 13. The general assembly shall levy a specific annual tax upon all railroad, navigation, banking, and insurance corporations, and upon all insurance and foreign bank and exchange agencies, and upon the profits of foreign bank bills issued in this State by any corporation, partnership, or persons, which shall be exclusively devoted to the maintenance of public schools.
Sec. 14. The general assembly shall, as soon as practicable, provide for the establishment of an agricultural college, and shall appropriate the 240,000 acres of land donated to this State, for the support of such a college, by the act of Congress passed July 2, 1862, or the money or scrip, as the case may be, arising from the sale of said land or any lands which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such college or schools, and may make the same a branch of the University of Alabama for instruction in agriculture, in the mechanic arts, and the natural sciences connected therewith, and place the same under the supervision of the regents of the university.
The new constitution of Arkansas, adopted by the people of the State at an election held March 13, 1868, thus provides for public education in Article IX:
ARTICLE IX.-EDUCATION. SECTION 1. A general diffusion of knowledge and intelligence among all classes being essential to the preservation of the rights and liberties of the people, the general assembly shall establish and maintain a system of free schools for the gratuitous instruction of all persons in this State between the ages of five and twenty-one years; and the funds appropriated for the support of common schools shall be distributed to the several counties in proportion to the number of children and youths therein between the ages of five and twenty-one years, in such manner as shall be prescribed by law; but no religious or other sect or sects sball ever have any exclusive right to, or control of, any part of the school funds of this State,
Sec. 2. The supervision of public schools shall be vested in a superintendent of public instruction, and such other officers as the general assembly shall provide. The superintendent of public instruction shall receive such salary, and perform such duties, as shall be prescribed by law.
SEC, 3. The general assembly shall establish and maintain a State university, with departments for instruction in teaching, in agriculture, and the natural sciences, as soon as the public school fund will permit.
SEC. 4. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by the United States or this State ; also, all mines, stocks, bonds, lands, and other property, now belonging to any fund for purposes of education ; also, the net proceeds of all sales of land and other property and effects that may accrue to this State by escheat, or from sales of estrays, or from unclaimed dividends or distributive shares of the estates of deceased persons, or from fines, penalties, or forfeitures ; also, any proceeds of the sales of public lands which may have been or may be hereafter paid over to this State, (Congress consenting ;) also, all the grants, gifts, or devises that have been or hereafter may be made to this State, and not otherwise appropriated by the terms of the grant, gift, or devise, shall be securely invested and sacredly preserved as a public school fund, which shall be the common property of the State ; the annual income of which fund, together with one dollar per capita, to be annually assessed on every male inhabitaut of this State over the age of twenty-one years, and so much of the ordinary annual revenue of the State as may be necessary, shall be faithfully appropriated for establishing and maintaining the free schools and the university in this article provided for, and for no other uses or purposes whatever.
SEC. 5. No part of the public school fund shall be invested in the stocks or bonds or other obligations of any State, or any county, city, town, or corporation. The stocks belonging to any school fund or university fund shall be sold in such manner and at sich times as the general assembly shall prescribe, and the proceeds thereof, and the proceeds of the sales of any lands or other property which now belongs or may hereafter belong to said school fund may be invested in the bonds of the United States.
Sec, 6. No township or school district shall receive any portion of the school fund unless a free school shall have been kept therein for not less than three months during the year for which distribution thereof is made. The general assembly shall require by law that every child of sufficient mental and physical ability shall attend the public schools during the period between the ages of tive and eighteen years for a term equivalent to three years, unless educated by other
Sec. 7. In case the public school fund shall be insufficient to sustain a free school at least three months in every year, in each school district in this State, the general assembly shall provide by law for raising such deficiency, by levy. ing such tax upon all taxable property in each county, township, or school district as may be deemed proper.
Sec. 8. The general assembly shall, as far as it can be done without infringe ing upon vested rigbts, reduce all lands, moneys, or other property used or held for school purposes in the various counties of this State into the public school fund herein provided for.
Sec. 9. Provision shall also be made, by general laws, for raising such sum or sums of money, by taxation or otherwise, in each school district, as may be necessary for the building and furnishing of a sufficient number of suitable schoolhouses for the accommodation of all the pupils within the limits of the several school districs.
In the new constitution of Florida, adopted by the constitutional convention February 25, 1868, is the following article on education :
ARTICLE VIII.- EDUCATION.
Section 1. It is the paramount duty of the State to make ample provision for the education of all the children residing within its borders, without distinction or preference.
SEC. 2. The legislature shall provide a uniform system of common schools and & university, and shall provide for the liberal maintenance of the same. Instruction in them shall be free.
Sec. 3. There shall be a superintendent of public instruction, whose term of office shall be four years, and until the appointment and qualification of his suc
He shall have general supervision of the educational interests of the State. His duties shall be prescribed by law.
Sec. 4. The common school fund, the interest of which shall be exclusively applied to the support and maintenance of common schools and purchase of suitable libraries and apparatus therefor, shall be derived from the following
T'he proceeds of all lands that have been or may hereafter be granted to the State by the United States for educational purposes. Donations by individuals for educational purposes. Appropriatious by the State. The proceeds of lands or other property which may accrue to the State by escheat or forfeiture. The proceeds of all property granted to the State, when the purpose of such grant shall not be specitied. All moneys which may be paid as an exemption from military duty. All fines collected under the penal laws of this State. Such portion of the per capita tax as may be prescribed by law for educational purposes. Twenty-five per centum of the sales of public lands which are now or which hereafter may be owned by the State.
Sec. 5. A special tax of not less than one mill on the dollar of all taxable property in the State, in addition to the other means provided, shall be levied and apportioned annually for the support and maintenance of common schools.
SEC. 6. The principal of the common school fund shall remain sacred and inviolate.
Sec. 7. Provision shall be made by law for the distribution of the common school fund among the several counties of the State in proportion to the number of children residing therein between the ages of four and twenty-one years.
SEC. 8. Each county shall be required to raise annually by tax, for the support of common schools therein, a sum not less than one-half of the amount apportioned to each county for that year from the income of the common school fund. Any school district neglecting to establish and maintain for at least three months in each year such school or schools as may be provided by law for such district shall forfeit its portion of the common school fund during such neglect.
Sec. 9. The superintendent of public instruction, secretary of state, and attorney general, shall constitute a body corporate to be known as the Board of Education of Florida. The superintendent of public instruction shall be president thereof. The duties of the board of education shall be prescribed by the legislature.
On the 11th day of Mareh, 1868, the constitutional convention of Georgia adopted a new constitution, which provides for education in Article VI:
SECTION 1. The general assembly, at its first session after the adoption of this constitution, shall provide a thorough system of general education, to be forever free to all children of the State, the expense of which shall be provided for by taxation or otherwise.
SEC. 2. The office of State school commissioner is hereby created. He shall be appointed by the governor with the consent of the senate, and shall hold his office for the same term as the governor. The general assembly shall provide for the said commissioner a competent salary and necessary clerks. He shall keep his office at the seat of government.
SEC. 3. The poll-tax allowed by this constitution, any educational fund now belonging to this State, except the endowment of and debt due to the State University, or that may hereafter be obtained in any way, a special tax on shows and exhibitions, and on the sale of spiritous and malt liqyors, which the general assembly is hereby authorized to assess, and the proceeds from the commutation for militia service, are hereby set apart and devoted to the support of common