« AnteriorContinuar »
schools. And if the provisions herein made shall at any time prove insufficient, the general assembly shall have power to levy such general tax upon the prop; erty of the State as may be necessary for the support of said school system. “And there shall be established, as soon as practicable, one or more common schools in each school district in this State.
The constitutional convention adopted a new constitution for the State of Louisiana on March 9, 1868. This contains
TITLE VII.-PUBLIC EDUCATION.
ARTICLE 135. The general assembly shall establish at least one free public school in each parish throughout the State, and shall provide for its support by taxation or otherwise. All children of this State between the years of six (6) and twenty-one (21) shall be admitted to the public schools or other institutions of learning sustained or established by the State in common, without distinction of race, color, or previous condition. There shall be no separate schools or institutions of learning established exclusively for any race by the State of Louisiana.
Art. 136. No municipal corporation shall make any rules or regulations contrary to the spirit and intention of article one hundred and thirty-five, (135.)
ART. 137. There shall be elected by the qualified voters of this State a superintendent of public education, who shali hold his office for four years. His duties shall be prescribed by law, and he shall have the supervision and the general control of all public schools throughout the State. He shall receive a salary of five thousand dollars per annum, payable quarterly on his own warrant.
ART. 138. The general exercises in the public schools shall be conducted in the English language.
ART. 139. The proceeds of all lands heretofore granted by the United States for the use and support of public schools, and of all lands or other property which may hereafter be bequeathed for that purpose, and of all lands which may be granted or bequeathed to the State, and not granted or bequeathed expressly for any other purpose which may hereafter be disposed of by the State, and the proceeds of all estates of deceased persons to which the State may be entitled by law, shall be held by the State as a loan, and shall be and remain a perpetual fund on which the State shall pay an annual interest of six per cent., which interest, with the interest of the trust fund deposited with this State by the United States, under the act of Congress approved June the twenty-third, eighteen hundred and thirty-six, and the rent of the unsold land, shall be appropriated to the support of such schools; and this appropriation shall remain inviolable.
ART. 140. No appropriation shall be made by the general assembly for the support of any private school or any private institution of learning whatever.
ART. 141. One-half of the funds derived from the poll-tax herein provided for shall be appropriated exclusively to the support of the free public schools throughout the State and the university of New Orleans.
Art. 142. A university shall be established and maintained in the city of New Orleans. It shall be composed of a law, a medical, and a collegiate department, each with appropriate faculties. The general assembly shall provide by law for its organization and maintenance: Provided, That all departments of this insti. tution of learning shall be open in common to all students capable of matriculating. No rules or regulations shall be made by the trustees, faculties, or other officers of said institution of learning, nor shall any laws be made by the general assembly violating the letter or spirit of the articles under this title.
ART. 143. Institutions for the support of the insane, the education and support of the blind and the deaf and dumb shall always be fostered by the ate, and be subject to such regulations as may be prescribed by the general assembly.
The constitntion framed by the convention which met at Jackson, January 7, 1868, has the following article:
SECTION 1. The stability of republican form of government depending mainly upon the intelligence and virtue of its people, it shall be the duty of the legislature to encourage by all suitable means the promotion of intellectual, scientific, moral and agricultural improvements, by establishing a uniform system of free public schools, by taxation or otherwise, for all children between the ages of five (5) and twenty-one (21) years, and shall, as soon as practicable, establish schools of higher grade.
SEC. 2. There shall be a superintendent of public education elected by the people, at the same time and manner as the governor, who shall have the qualification of the secretary of state, and hold his office for four years and until his successor shall be elected and qualified, whose duties shall be the general supervision of the common schools and the educational interests of the State, and shall perform such other duties pertaining to his office, and receive such compensation as shall be prescribed by law; he shall report to the legislature for its adoption, within twenty days after its first session under this constitution, a uniform system of free public schools.
Sec. 3. There shall be a board of education, consisting of the secretary of state, the attorney general, and the superintendent of public education, for the manage ment and investment of the school funds, under the general direction of the legislature, and perform such other duties as are prescribed by law. The superintendent and one other of said board shall be a quorum.
Sec. 4. There shall be a superintendent of public education in each county, who shall be appointed by the board of education, by and with the advice and consent of the senate, whose term of office shall be two years, and whose compensation and duties shall be prescribed by law: Provided, That the legislature shall have power to make said office of county school superintendent of the several counties elective as other county officers are.
Sec. 5. A public school or schools shall be maintained in each school district at least four months in each year. Any school district neglecting to maintain such school or schools shall be deprived for that year of its proportion of the income of the free school fund and of all funds arising from taxes for the support of schools.
Sec. 6. There shall be established a common school fund, which shall consist of the proceeds of the lands now belonging to the State, heretofore granted by the United States, and the lands known as swamp lands,” except the swamp lands lying and situated on Pearl river, in the counties of Hancock, Marion, Lawrence, Simpson, and Copiah, and of all lands now or hereafter vested in the State by escheat or purchase or forfeiture for taxes, and the clear proceeds of all fines col. lected in the several counties for any breach of penal laws, and all moneys received for licenses granted under the general laws of the State for the sale of intoxicating liquor, or keeping of dram-shops, all moneys paid as an equivalent for persons exempt from military duty, and the funds arising from the consolidation of the congressional township funds, and the lands belonging thereto, together with all moneys donated to the State for school purposes, shall be securely invested in United States bonds and remain a perpetual fund, which may be increased, but not diminished, the interest of which shall be inviolably appropriated for the support of free schools.
SEC. 7. The legislature may levy a poll-tax not to exceed two dollars per capita in aid of the school fund, and for no other purpose.
SEC. 8. The legislature shall, as soon as practicable, provide for the establish. ment of an agricultural college or colleges, and shall appropriate the two hundred and ten thousand acres of land donated to the State for the support of such a col. lege by the act of Congress passed July 2, 1865, or the money or scrip, as the
case may be, arising from the sale of said lands, or any lands which may hereafter be granted or appropriated for such purpose.
Sec. 9. No religious sect or sects shall ever control any part of the school or university funds of this State.
Sec. 10. The legislature shall, from time to time, as may be necessary, provide for the levy and collection of such taxes as may be required to properly support the system of free schools herein adopted.
The new constitution of North Carolina, adopted by the convention March 17, 1868, and ratified April 21-23, 1868, by the people of the State, provides for education by Article IX:
SECTION 1. Religion, morality, and knowledge being necessary to good gove ernment and happiness of mankind, schools and the means of education shall forever be encouraged.
SEC. 2. The general assembly, at its first session under this constitution, shall provide, by taxation and otherwise, for a general and uniform system of public schools, wherein tuition shall be free of charge to all the children of the State between the ages of six and twenty-one years.
Sec. 3. Each county of the State shall be divided into a convenient number of districts, in which one or more public schools shall be maintained at least four months in every year; and if the commissioners of any county shall fail to comply with the aforesaid requirements of this section, they shall be liable to indictment.
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 specially appropriated by the United States or heretofore by this State; also, all moneys, stocks, bonds, and other property now belonging to any fund for purposes of education; also, the net proceeds that may accrue to the State from sales of estrays, or from fines, penalties, and forfeitures ; also, the proceeds of all sales of the swamp lands belonging to the State ; also, all money that shall be paid as an equivalent for exemption from military duty; also, all grants, gifts, or devises that may hereafter be made to this State, and not otherwise appropriated by the grant, gift, or devise, shall be securely invested, and sacredly preserved as an irreducible educational fund, the annual income of which, together with so much of the ordinary revenue of the State as may be necessary, shall be faithfully appropriated for establishing and perfecting in this State a system of free public schools, and for no other purposes or uses whatsoever.
SEC. 5. The University of North Carolina, with its lands, emoluments, and franchises, is under the control of the State, and shall be held to an inseparable connection with the free public school system of the State.
SEC. 6. The general assembly shall provide that the benefits of the university, as far as practicable, be extended to the youth of the State free of expense for tuition; also, that all the property which has heretofore accrued to the State, or shall hereafter accrue, from escheats, unclaimed dividends, or distributive shares of the estates of deceased persons, shall be appropriated to the use of the university.
SEC. 7. The governor, lieutenant governor, secretary of state, treasurer, auditor, superintendent of public works, superintendent of public instruction, and attorney general, shall constitute a State board of education.
SEC. 8. The governor shall be president, and the superintendent of public instruction shall be secretary, of the board of education.
Sec. 9. The board of education shall succeed to all the powers and trusts of the president and directors of the literary fund of North Carolina, and shall have full power to legislate and make all needful rules and regulations in relation to free public schools, and the educational fund of the State ; but all acts, rules, and
regulations of said board may be altered, amended, or repealed by the general assembly, and when so altered, amended, or repealed, they shall not be re-enacted by the board.
Sec. 10. The first session of the board of education shall be held at the capital of the State, within 15 days after the organization of the State government under this constitution; the time of future meeting may be determined by the board.
SEC. 11. A majority of the board shall constitute a quorum for the transaction of business.
Sec. 12. The contingent expenses of the board shall be provided for by the general assembly.
Sec. 13. The board of education shall elect trustees for the university, as follows: one trustee for each county in the State, whose term of office shall be eight years. The first meeting of the board shall be held within ten (10) days after their election, and at this and every subsequent meeting, ten trustees shall constitute a quorum. The trustees at their first meeting shall be divided, as equally as may be, into four classes. The seats of the first class shall be vacated at the expiration of two years ; of the second class, at the expiration of four years; of the third class, at the expiration of six years ; of the fourth class, at the expiration of eight years; so that one-fourth may be chosen every second year.
Sec. 14. The board of education and the president of the university shall be en officio members of the board of trustees of the university; and shall, with three other trustees to be appointed by the board of trustees, constitute the executive committee of the trustees of the University of North Carolina, and shall be clothed with the powers delegated to the executive committee under the existing organization of the institution. The governor shall be ex officio president of the board of trustees and chairman of the executive committee of the university. The board of education shall provide for the more perfect organization of the board of trustees.
SEC. 15. All the privileges, rights, franchises, and endowments heretofore granted to, or conferred upon, the board of trustees of the University of North Carolina by the charter of 1789, or by any subsequent legislation, are hereby vested in the board of trustees authorized by this constitution for the perpetual benefit of the university.
Sec. 16. As soon as practicable after the adoption of this constitution, the general assembly shall establish and maintain, in connection with the university, & department of agriculture, of mechanics, of mining, and of normal instruction.
Sec. 17. The general assembly is hereby empowered to enact that every child of sufficient mental and physical ability shall attend the public schools during the period between the ages of 6 and 18 years, for a term of not less than 16 months, unless educated by other means.
The new constitution of South Carolina, adopted by the constitutional convention in March, 1868, and ratified by the people April 14 to 16, 1868, provides for education in Article X:
Section 1. The supervision of public instruction shall be vested in a State superintendent of education, who shall be elected by the qualified electors of the State, in such manner and at such time as the other State officers are elected ; his powers, duties, term of office, and compensation shall be defined by the gen., eral assembly.
Sec. 2. There shall be elected, biennially, in each county, by the qualified electors thereof, one school commissioner, said commissioners to constitute a State board of education, of which the State superintendent shall, by virtue of his office, be chairman; the powers, duties, and compensation of the members of said board shall be determined by law.
Sec. 3. The general assembly shall, as soon as practicable after the adoption of this constitution, provide for a liberal and uniform system of free public schools throughout the State, and shall also make provision for the division of the State into suitable school districts. There shall be kept open, at least six months in each year, one or more schools in each school district.
SEC. 4. It shall be the duty of the general assembly to provide for the compul. sory attendance, at either public or private schools, of alì children between the ages of six and sixteen years, not physically or mentally disabled, for a term equiv. alent to twenty-four months, at least: Prorided, That no law to that effect shall be passed until a system of public schools has been thoroughly and completely organized and facilities afforded to all the inhabitants of the State for the free education of their cbildren.
SEC. 5. The general assembly shall levy, at each regular session after the adoption of this constitution, an annual tax on all taxable property throughout the State for the support of public schools, which tax shall be collected at the same time and by the same agents as the general State levy, and shall be paid into the treasury of the State. There shall be assessed on all taxable polls in the State an annual tax of one dollar on ench poll, the proceeds of which tax shall be applied solely to educational purposes : Provided, That no person shall ever be deprived of the right of suffrage for the non-payment of said tax. No other poll or capitation tax shall be levied in the State, nor shall the amount assessed on each poll exceed the limit given in this section. The school tax shall be distributed among the several school districts of the State in proportion to the respective number of pupils attending the public schools. No religious sect or sects shall have exclusive right to or control of any part of the school fuuds of the State, nor shall sectarian principles be taught in the public schools.
SEC 6. Within five years after the first regular session of the general assembly, following the adoption of this constitution, it shall be the duty of the general assembly to provide for the establishment and support of a State normal school, which shall be open to all persons who may wish to become teachers.
Sec. 7. Educational institutions for the benefit of all the blind, deaf, and dumb, and such other benevolent institutions as the public good may require, shall be established and supported by the State, subject to such regulations as may be prescribed by law.
SEC. 8. Provisions shall be made by law, as soon as practicable, for the establishment and maintenance of a State reform school for juvenile offenders.
SEC. 9. The general assembly shall provide for the maintenance of the State university, and, as soon as practicable, provide for the establishment of an agricultural college, and shall appropriate the land given to this Stute 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 lands, or any lands which may hereafter be given or appropriated for such purpose, for the support and maintenance of such college, and may make the same a branch of the State uuiversity, for instruction in agriculture, the mechanic arts, and the natural sciences conuected therewith.
Sec. 10. All the public schools, colleges, and universities of this Stute, supported in whole or in part by the public funds, shall be free and open to all the children and youths of the State, without regard to race or color.
Sec. 11. The proceeds of all lands that have been or hereafter may be given by the United States to this State for educational purposes, and not otherwise appropriated by this State or the United States, 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 leavivg a will or heir, shall be securely invested and sacredly preserved as a State school fund, and the annual interest and income of said fund, together with such other means as the general assembly may provide, shall be faithfully appropriuted for the purpose of estab. lishing and maintaining free public schools, and for no other purposes or uses whatever.