To the Members of the Committee on Education. 
 
 Gentlemen : My^ purpose here primarily is to consider the problem of 
 public education not in its relation to persons or parties. I am not con¬ 
 cerned with individual opinion, my own or another’s. What I wish to 
 place before you is the one basic fundamental proposition that Public 
 Education Is a Function of the State, that any opinion or expression 
 contrary thereto must carry with it a burden of proof not less strong than 
 that which would be required for a plea for the abolition of the writ of 
 habeas corpus, or of the right of representation in taxation. 
 
 In other words, the control by the state of education is one that is 
 based on the law and custom of the land. 
 
 The following question was asked of the United States Bureau of Educa¬ 
 tion : 
 
 “In what state, if any, in the Union is public education considered pri¬ 
 marily a local function, such as police, corrections, etc., instead of a state 
 function ?” 
 
 The answer by telegram signed by W. S. Deffenbaugh, Chief of Division 
 of School Administration, is “None.” 
 
 State control is expressed in the constitutions of the states; it is en¬ 
 forced by the statutes and codes of states; it is confirmed by decisions of 
 courts of record. He is a bold man who would undertake to pit his puny 
 opinion or point of view against the accumulated experience of the people 
 of the Republic, and it makes little difference in this regard how sincere 
 he might be in advancing them. 
 
 At a later period I shall furnish to the members of the Committee a 
 summary of the educational provisions of the constitutions of the states, all 
 of which establish without exception the position set forth. 
 
 From the large volume of legislation adopted in the various states, I 
 have selected excerpts from the statutes of twenty-one states, which simi¬ 
 larly confirm the proposition that public education is a function of the 
 state. I would call special attention to the Pennsylvania code, which 
 absolutely establishes the independence of Boards of Education, and con¬ 
 cerning which I have received two competent opinions. The State Superin¬ 
 tendent of Schools reports that “the new code in operation since 1911 has 
 greatly improved the administration of schools, especially in cities”; the 
 City Superintendent of Schools of Philadelphia states, “So far as I know 
 it is the unanimous opinion of educators and citizens in general that the 
 School Code is a great improvement on our former school laws. It is in 
 every way operating successfully.” These examples of legislation to which 
 reference is made will later be submitted for your attention. 
 
 Such legal decisions as have been collated respecting the power of the 
 
 26 
 
 3 
 
state through the Boards of Education prove beyond question the power of 
 such Boards as agents of the state in matters of public education. The 
 language of these decisions deserves careful examination and study. 
 
 Since education is a function of the state, the only problem remaining 
 lies in the interpretation of that principle with reference to municipal 
 finances. As the present charter provides a legal minimum of a three-mill 
 tax, and as the sum yielded by that tax must, in a considerable measure, 
 be made up by additional appropriations, the allowance of the additional 
 sum will always involve a question as to attempts, intentional or otherwise, 
 by municipal authorities to exercise educational control. 
 
 There is of late a tendency, frankly expressed, on the part of these 
 authorities to control education, not only by reducing the amounts appro¬ 
 priated below the actual amounts needed for the appointment of regular 
 teachers, but by determining what items of the budget should, in their 
 opinion, be reduced or excised. This is quite beside any question of 
 allowing money on any such fixed basis as that of attendance or the like. 
 It is in effect a deliberate attempt to determine just what sort of education 
 should be established and to what classes of the community it should be 
 given, although both positions completely disregard the fact that there is 
 no legal right or title whatever for such an attitude. 
 
 The present demand for home rule, a demand which within its own limits, 
 is deserving of the most careful and sympathetic consideration, has been 
 confused with another and entirely different proposition, to wit: the depriva¬ 
 tion of the sovereign power of educational control, now pursued by every 
 state of the Union. 
 
 With the principles of home rule, there is no issue. Now, home rule, 
 in a truer sense, means the ability or power given to an entity to do all 
 that is necessary to regulate and control its affairs, and perform the func¬ 
 tions which belong to it. The function of the Board of Education is to 
 control, and regulate school affairs. It just as truly represents the citizens 
 as does the financial body. As I have indicated, the Board of Education is 
 an instrument of the state and should remain so. The city is only a 
 political division of the state. How can the Board of Education perform its 
 functions if another power is primarily dictating its course through control 
 of funds? In other words, home rule is not a branch of geography or of 
 politics, but is a matter of the distribution of functions to the agents to 
 whom the functions properly belong. Education is a continuous process 
 and educational policies should therefore be continuous. Municipal admin¬ 
 istrations come and go, but educational policies should not be affected 
 thereby. It should be beyond the power of any single individual, or even 
 a small group of individuals, to work a revolution in educational policies. 
 We find that functional home rule is the kind of home rule which has been 
 granted in most of the large cities of the nation. Thus, according to the find¬ 
 ings of a member of the School Inquiry Committee, we find financial inde¬ 
 pendence has been granted in Boston, Cleveland, Philadelphia, Pittsburgh, St. 
 
 4 
 
Louis, Cincinnati, Milwaukee, Seattle, Denver, Portland, Los Angeles. (E. C. 
 Moore in the May issue of the Educational Review.) Local control, on the 
 other hand, means the subservance of the Board of Education to changing 
 local political administrations. 
 
 There is another matter which is so closely related to state control of 
 public education, that it stands on all fours with it, and that is the financial 
 independence of boards of education, which are agents of the state. 
 
 I shall later discuss some questions that have been brought before you by 
 an officer of the city government. Here I shall limit, myself, at this time, 
 only to an examination of the principle of independent financial control of 
 educational expenditures. 
 
 Whether boards of education be large or small, the question of financial 
 independence overshadows all other questions. Perhaps the clearest dis¬ 
 cussion of this subject appears in the Educational Review for May, 1915, 
 by Prof. Ernest C. Moore, of Harvard University, and one of the members of 
 the former School Inquiry Commission in New York City. Prof. Moore 
 favors a small unpaid board, but he believes in financial independence for 
 all boards. He says: 
 
 “Since it is the inevitable tendency of city officials to push authority 
 of their offices quite beyond the limits set for them by the law, if ‘settled 
 policy of the State’ is to be carried out and the rights of the children 
 to an education are to be kept from being made pawns in the ever- 
 recurring political game, New York City must employ the means which 
 St. Louis, Pittsburgh, Philadelphia and other large cities of the country 
 have been forced to adopt; that of making her schools free from politics 
 by making her board of education completely independent of her city hall. 
 
 “Policies as old as the State cannot be so lightly set aside that an un¬ 
 tried theory may be advocated; the experience of the rest of the nation 
 cannot be disregarded; the facts themselves cannot be overlooked, to 
 produce a doctrinaire result—the mere setting forth of a preconceived 
 theory. 
 
 “It is not the small board, but the small board with practically com¬ 
 plete control of the management and conduct of the schools—financial and 
 administrative—which has corrected evils from which New York suffers. 
 The small board in Boston is an independent board not subject to control, 
 direct or indirect, by any other city authority save that the mayor 
 approved its appropriations; but the board has power even to set aside 
 his vote by a two-thirds’ vote. The small board- in Philadelphia and 
 Pittsburgh is an independent taxing and bond issuing body, wholly 
 separate from the control of the city government. So it is in Kansas 
 City and St. Louis. It has somewhat similar independence of city control 
 in Cleveland, Cincinnati, Milwaukee, Seattle, Denver, Portland, Oregon, 
 and Los Angeles. And it is the independence of the board from political 
 control—its freedom from interference—and not its small size alone that 
 enables it to conduct the schools in a proper fashion. 
 
 “It is in the control of its funds that its freedom and its ability to 
 direct the school well lies. 
 
 “No matter how specific the law may be on this point, unless it makes 
 the board of education financially independent of the city hall, some 
 device like a uniform accounting system or criticism of its estimate will 
 be made to do duty as a warrant for more or less complete control ovef 
 all its acts. This is the experience not only of New York City, but of 
 
 5 
 
every other American City which has made the administrative mistake 
 of not separating its school management entirely from its city hall. 
 The recent experiences of Chicago are but the latest evidences of the utter 
 impossibility of allowing the schools to be a department of the city gov¬ 
 ernment. ‘Nothing is clearer/ writes President Eliot, ‘than the im¬ 
 possibility of managing well the school affairs of a large city, if its 
 school board has not independent income on which it can rely for the 
 current year and predict with reasonable accuracy for several years to 
 come. Without it, the element of planning is almost completely taken 
 away and all the economies which careful planning can accomplish are 
 denied it.’ 
 
 “The facts and the historical relations have proven, over and over 
 again, that it is impossible to define this two-handed method of school 
 administration so that it will work. If experience on this subject, both 
 in New York City and out of it, is reckoned up, New York will not find 
 it to her advantage either financially or educationally to furnish one 
 more proof that failure lies along this road. * * * Let her not be 
 
 deluded by believing that she has the safeguard of a board of education, 
 when the board of education is one in name only and the real school 
 administration, is part and parcel of the political system. But if it wants 
 its public schools conducted for the education of the children, let it erect 
 a small board of education from the city at large and give it exclusive 
 power to provide whatsoever things are needful for the proper conduct 
 of the schools and to conduct them, being as directly responsible to the 
 public for the tax it may levy for school purposes as the board of estimate 
 now is, and vastly more responsible to the people for the proper conduct 
 of the schools than either the board of estimate or the board of education 
 now is or can be under any two-headed division of authority whatsoever.” 
 The dangers from municipal politics are real, but they are not the only 
 dangers. Education will always suffer from municipal control just as it 
 has suffered in the past, just as it suffers now. It is unnecessary to ques¬ 
 tion the good faith of any municipal officers, or to indulge in any personal 
 attack for the reason that municipal officers, good, bad and indifferent, are 
 all prone to consider less the interest of our children, than those which 
 determine political success and preferment—not the least of which is a 
 reduced tax rate. 
 
 No sane person believes in extravagant administration, whether in 
 education or in any other activity. But we believe that those who by law 
 are empowered to control and direct education have the right of edu¬ 
 cational direction. Notwithstanding the plain mandate of the law, it 
 is a fact that the Board of Education in New York City does not enjoy 
 the privilege and cannot exercise the responsibility lodged in it by law 
 because of the limitations placed upon it, some of them grave and im¬ 
 portant, others petty and irritating. 
 
 For the items of its budget are each decreased or excised according to 
 the ideas, not of any member of the Board of Education, frequently not 
 even of any member of the Board of Estimate and Apportionment but of 
 some employee of one of its departments. 
 
 Therefore, it is essential that the Board of Education, or any other 
 body to whom, by law, is delegated the responsibility for educational 
 administration, should be empowered to exercise it. This may be done 
 
 6 
 
by a .constitutional provision; possibly it may be better done through legis¬ 
 lation. In any case, it would be fatal to allow the control of education to 
 pass from the state to municipalities, unless indeed we are prepared to sur¬ 
 render all the ideals and habits of thought and accepted theories of 
 government which we have hitherto enjoyed. 
 
 So clear is the need of some provision, that many methods of meeting 
 the situation have been devised. Pennsylvania, in her code, and Virginia, 
 in her constitution, both prescribe a set mill tax. Another method has 
 been to endow Boards of Education with a certain independence, subject 
 to veto by the Mayor; and in Boston, the Board of Education has a right 
 to veto cuts made by the financial authorities of the city. 
 
 I am disinclined to suggest minute regulations through the instrumen¬ 
 tality of constitutional provisions. I believe, however, the wisest and 
 simplest method would be to provide for the principle of separate taxation, 
 the legislature to prescribe the method of the collection. Such a provision 
 will be submitted to you for consideration. 
 
 I have been asked to discuss certain testimony respecting municipal con¬ 
 trol of education, which was recently presented to your Committee by the 
 Comptroller of The City of New York. 
 
 The Comptroller gave prominence to the following points, in addition 
 to the fundamental points which I have already discussed: 
 
 1. That the rate of appropriations for the Board of Education of The 
 City of New York has increased since 1911 in relation to the appropria¬ 
 tions for the city government, exclusive of debt service, deficiencies in taxes 
 and county government. 
 
 2. That the Board of Education asks the Board of Estimate and Appor¬ 
 tionment for larger appropriations than it expects to receive. 
 
 3. That the Board of Estimate and Apportionment alone is responsible 
 to the taxpayers—the Board of Education not at all. 
 
 4. That a paid Board of five members would save millions of dollars. 
 
 5. That regular day school teachers should be drafted for the conduct of 
 summer schools. 
 
 1. That the Rate of Appropriation for the Board of Education of the 
 
 City of New York has Increased Since 1911 in Relation to the 
 
 Appropriations for the City Government, Exclusive of Debt Service 
 
 Deficiencies in Taxes and County Government 
 
 The Board of Education is not concerned, primarily, with the percentage 
 proportion which its appropriations bear to the total expense of the city 
 government. The Board of Education is, first and foremost, concerned with 
 the question of sufficiency in appropriation. The Board of Education is 
 not without justification when it considers that education is among the 
 first of the activities, if not the first for which provision should be made; 
 that education in fact, is a first mortgage upon the City’s resources. Edu¬ 
 cational needs are regulated by the volume of school population, and not 
 by relation to other expenses. In the sense in which we are speaking 
 there is no question of policy involved in caring, educationally, for a given 
 
 7 
 
number of units of attendance. We may not discriminate and say we will 
 provide for one and not for another. The problem simply is that to pro¬ 
 vide education of the proper kind for a given number of units of school 
 population costs a certain definite amount of money. What relation this 
 amount bears to the amounts for street cleaning, police, or what not, is 
 immaterial so far as the Board of Education is concerned^ 
 
 In recent years there has been a wider demand for, and public use of 
 educational facilities, than ever before. For example, in the last eight 
 years the increase in day elementary school attendance has been 33%; 
 in day high schools 109%; in evening elementary schools 31%; in evening 
 high schools 112%. In addition, there has been great demand for recrea¬ 
 tional activities, continuation instruction, trade or vocational training, 
 etc. The Board of Education, as the steward of the state in educational 
 matters, has conceived it to be a duty to heed these demands, and to seek 
 funds for yet more facilities and greater educational opportunities. 
 
 It is noticeable that the Comptroller, in computing his percentages, 
 eliminated from his gross figure the items for debt service, deficiencies in 
 taxes, and county government. Now these items have reached large pro¬ 
 portions in The City of New York, and since provision must also be made 
 for them in the tax rate, the inevitable tendency has been to restrict 
 other items in the budget. The Comptroller, in excluding these items from 
 his percentage calculation, produced a certain ratio which is higher than 
 would be obtained by considering the educational appropriations in rela¬ 
 tion to the whole tax burden. The question of debt service and other items 
 excluded by the Comptroller, in the final analysis, means that the City 
 has entered, voluntarily or otherwise, upon numbers of other propositions 
 and activities, and that costs, interest and otherwise, present themselves 
 at budget time, and are considered in relation to all other and current 
 activities, of which education is one. It is improper to exclude such items 
 from a percentage comparison, for they exercise a strong influence in the 
 reduction of allowances for current activities. 
 
 The relation which the total of the general and special school funds of 
 the Board of Education has borne to the entire tax budget of the City at 
 
 large 
 
 since 1905, is stated below: 
 
 Tax Budget for Tax Budget for the 
 
 Percentage relation of 
 Board of Education Tax 
 Budget to Tax Budget 
 
 Year 
 
 City at Large 
 
 Board of Education 
 
 for City at Large 
 
 1906 
 
 $116,805,490 37 
 
 $23,358,188 69 
 
 19.9975 
 
 1907 
 
 130,421,505 66 
 
 24,915,928 16 
 
 19.1041 
 
 1908 
 
 143,572,266 17 
 
 26,712,963 59 
 
 18.6059 
 
 1909 
 
 156,545,148 14 
 
 27,470,736 80 
 
 17.5481 
 
 1910 
 
 163,130,270 37 
 
 28,578.432 43 
 
 17.5187 
 
 1911 
 
 174,079,335 16 
 
 29,007,747 14 
 
 16.6635 
 
 1912 
 
 181,090,256 51 
 
 33,849,819 74 
 
 18.6922 
 
 1913 
 
 192,711,441 16 
 
 35,206,846 96 
 
 18.2692 
 
 1914 
 
 192,995,551 62 
 
 38,203,406 92 
 
 19.7949 
 
 1915 
 
 198,989,786 52 
 
 39,840,349 90 
 
 20.0213 
 
 (Note —The above figures represent the situation at the time the bud¬ 
 get was fixed. There were sundry subsequent adjustments either by 
 
 8 
 
relinquishment of balances by the Board of Education or the granting 
 of Special Revenue Bonds by the financial authorities. However, the 
 figures as stated represent the deliberations and conclusions when the 
 budget was fixed.) 
 
 It appears, therefore, that closer analysis shows, if all municipal expen¬ 
 ditures be included, that the variation is no longer one between 27.3 per 
 cent, in 1911 and 31.6 per cent, in 1915, as stated by the Comptroller, but 
 for the past ten years an increase from 19.9975 per cent, in 1906 to 20.0213 
 per cent, in 1915, the minimum being 16.6635 in 1911. 
 
 There is much that is fallacious in the application of percentages to 
 appropriations. Too often it has been the practice of the Board of Esti¬ 
 mate and Apportionment to determine educational allowances by adding 
 a certain per cent, of increase over the appropriation of the preceding year. 
 One of the members of the School Inquiry Commission severely criticized 
 this method in the following language: 
 
 “Your comparison, however, that the Board of Education ought not to 
 expect the Board of Estimate to do for it in the general fund five or six 
 times as mpch as was done last year (1913), is not only a false com¬ 
 parison, but fallacious, and contrary to sound budget making. The 
 Board of Education might equally well hold that its requests this year 
 (for 1914) are what they are by reason of the fact that the Board of 
 Estimate last year only gave the Board of Education one-fifth or one- 
 sixth as much of an increase as it had requested. * * * It will, how¬ 
 
 ever, be admitted, I think, by all who know the facts at this time, that 
 the allowances in the general fund for last year (1913) were inadequate 
 as shown by the present deficiency of approximately a half million 
 dollars. * * * Hence to fix the needs of the schools on the basis of 
 
 what was done last year is wrong. The question is not what the Board 
 of Estimate and Apportionment did last year. The question at issue is 
 ‘What are the actual needs of the schools for the budget year 1914?’ 
 * * * To compare request with allowance would be exactly like doling 
 
 out food to a starving man on the basis that he had been given so 
 much during the preceding days, and that the amount previously allowed 
 would have to be ample for him in the succeeding days. * * * The 
 
 only honest and dignified position * * * is, when the actual needs 
 
 of the school are demonstrated to recognize these as needs, and if the 
 Board of Estimate and Apportionment is unable to make adequate 
 allowances, the failure to make such allowance will not be based upon 
 what was given in previous years, but upon its inability to do so in 
 view of the financial resources of the City. * * * Your position * * * 
 adds weight to an already too prevalent feeling that it does not matter 
 what facts are presented, estimates are cut in view of the expediency of 
 the moment.” 
 
 2. That the Board of Education Asks the Board of Estimate and 
 Apportionment for Larger Appropriations Than it Expects to 
 Receive 
 
 The Comptroller stated that the Board of Education appeared last year 
 before the Board of Estimate and Apportionment with an estimate con¬ 
 fessedly more than it expected to get, and that members of the Board so 
 admitted. The Comptroller supplied" the inference that the estimate was 
 over-loaded for the purpose of securing a larger sum than otherwise would 
 
 9 
 
have been granted, and the implication is that the Board of Education 
 requested more than it actually needed. 
 
 Objection is not so much to the statement as to the inference which is 
 obvious was intended to be conveyed. It is literally true that the Board of 
 Education places items in its estimate which it does not expect to get in 
 full. The Board of Education does not expect to get all it asks, if for no 
 other reason than because the memory of none goes back to the time when 
 the financial authorities were so liberal, or agreed to such an extent with 
 educational policies that the whole amount requested was granted. There 
 is another reason why the Board of Education does not expect to get all 
 that it asks, a reason which for many years has been the controlling factor 
 in the consideration of educational estimates. The Board of Education, 
 as has been stated, is concerned with a request which shall adequately 
 represent the needs of the school system. The Board of Estimate and 
 Apportionment, on the other hand, is confronted by the fearsome tax rate, 
 so that, as a practical proposition, the total of allowances, and the com¬ 
 ponent items thereof, are not regulated by attested needs or sound judg¬ 
 ment, but almost solely by a consideration of the tax rate. 
 
 Most of us who have to do with matters of city finance understand full 
 well that presentation of facts and arguments have little weight. As bear¬ 
 ing upon this point there has come to light a letter written to the Chair¬ 
 man of the Budget Committee of the Board of Estimate and Apportionment, 
 by one of the chief budget examiners, regarding the 1914 budget of the 
 Department of Education as follows: 
 
 “I believe that a great deal of time can be saved and much confusion 
 and disputing can be avoided if the Budget Committee will decide in 
 advance of the public hearing what its policy will be in regard to exten¬ 
 sions of old activities, establishment of new activities, and provison for 
 increased register; also what its policy will be as to the increase re¬ 
 quested for repars to school buildings, for additional force in the official 
 and clerical staff, and additional supplies. * * * It would be very 
 
 helpful if the Budget Committee would decide in advance upon some 
 definite figure to be allowed for the Board of Education; in fact, I think 
 the Committee should agree upon a total for the entire city budget. We 
 can do much better work if we have a definite figure at which to aim.” 
 There is also a recognizable situation at the moment in The City of New 
 York. A publicity campaign is apparently being carried on with the pur¬ 
 pose of educating the public either to expect a rise in the tax rate or a 
 reduction in activities in 1916. Notwithstanding this it would be inex¬ 
 cusable for the Board of Education to present an estimate for 1916 for less 
 than educational needs. 
 
 It is true, from another viewpoint, that the Board of Education may not 
 expect to get the full amount of its request. Certain discretionary items 
 were included in the estimate for 1915, and similar items were included in 
 the estimates of previous years, in order that they might come up for dis¬ 
 cussion. Funds have sometimes been granted, and sometimes not. With 
 such propositions the Board of Education takes no issue with the Board 
 
 10 
 
of Estimate and Apportionment. It is recognized that certain things, 
 while desirable, are not absolutely necessary, and that in case of financial 
 stringency they should be dropped. The Board of Education of its own 
 accord often eliminates items from its formal estimate. For example, 
 there were reduced or wholly eliminated from the estimate of 1915, items 
 previously approved, amounting to $1,375,985.40. This was done before 
 the estimate was sent to the Board of Estimate and Apportionment, and 
 it was done, not because those items were not highly desirable, but be¬ 
 cause it was recognized that the financial authorities were pressed for 
 funds, and these items were of less importance. 
 
 However, the Comptroller is very much in error if his statement means 
 that the Board of Education is content with the allowances made. The 
 principal portion of the educational funds is that for teachers’ salaries 
 known as the General School Fund. The Board of Education asked for this 
 
 purpose for 1915, the sum of.$34,769,195 01 
 
 The Board of Estimate and Apportionment allowed. 32,759,695 92 
 
 a cut of. $2,009,497 09 
 
 But in the City of New York the Board of Aldermen may also reduce an 
 estimate, and that body decided to make further reduction, announcing 
 that they were cutting 15 per cent, of the allowance made by the Board 
 of Estimate and Apportionment for new teachers, which meant a further 
 
 reduction in the teachers’ salary fund of..$150,000 
 
 The Board of Education did not expect the Board of Estimate and Ap¬ 
 portionment to make a cut of the size which they did, and it certainly did 
 not expect the Board of Aldermen to further reduce the then too meagre 
 allowance. It may be stated that the Board of Education submits its esti¬ 
 mate in most minute detail, so that it was possible for the Board of Esti¬ 
 mate and Apportionment to determine precisely the items which it desired 
 to reduce. Some of the items are of fluctuating character, and, as such, are 
 matters of judgment and estimate, both on the part of the Board of Edu¬ 
 cation, and on the part of the Board of Estimate and Apportionment. In 
 such cases the Board of Estimate and Apportionment made enthusiastically 
 liberal cuts. Two items, however, deserve special mention: 
 
 ( a) Owing to litigation regarding the eligibility of certain persons to 
 teach grades of the last two years in day elementary schools, formal promo¬ 
 tions have been withheld for some time and upper grade classes have been 
 filled by persons who have temporarily waived the statutory rate of pay. 
 Anticipating a decision by the State Commissioner of Education an item of 
 $265,093.33 was placed in our departmental estimate for 1915 to provide 
 for making about 1,000 formal promotions. At the time the estimate was 
 considered by the Board of Estimate and Apportionment a decision had 
 not been rendered; consequently this item was entirely cut out by that 
 board. Decision having now been rendered, the item has again been sub¬ 
 mitted to the financial authorities in the shape of a request for Special 
 
 11 
 
Revenue Bonds to ma^e promotions effective from the opening of the fall 
 term. Request for this item has, therefore, been renewed, although in 
 a smaller sum due to a shorter period of time. 
 
 (&) We now come to a very vital item, namely, the item for new teach¬ 
 ers, etc., to fill vacancies and new positions. From this item the Board of 
 Estimate and Apportionment either cut new positions or failed to make 
 full allowances of money for the positions which they did allow to an 
 amount aggregating $470,306.45, and, as stated above, the Board of Aider- 
 men joined in the onslaught by reducing this item $150,000 more, making 
 a total reduction of $620,306.45. Of this amount $77,400 applied to the 
 taking of the school census, required by law, and the enforcement of the 
 Compulsory Education Law and the Newsboys’ Law. The Board of Edu¬ 
 cation was undoubtedly justified in expecting to receive allowances for 
 practically all of these new positions. There was every indication at the 
 time the estimate was considered that they were necessary, and every de¬ 
 velopment from that time to this tends to support the original figures. 
 
 The result of these severe cuts is that the Board of Education, in order 
 to keep within its appropriations for teachers’ salaries, has been obliged 
 to resort to the questionable expedients of forming extra large classes and 
 employing substitutes in vacancies at lower rates of pay than would be 
 drawn by teachers regularly appointed. It is now confronted with the 
 proposition of deciding to what extent, if at all, it shall conduct summer 
 schools. There is also every indication that some of the fall evening 
 activities will have to be abandoned or greatly reduced. The evil effects 
 of these expedients are not at once apparent. Schools go on, so far as 
 ordinary observation is concerned, in the usual manner. It is not at once 
 evident that there is a well-defined impairment of the quality of the educa¬ 
 tion imparted. These the Board of Education very strongly deplores but 
 finds itself helpless to remedy. 
 
 The above applies to the regular day activities. So far as the salary 
 items for the special activities are concerned, consisting of evening schools, 
 vacation schools, playgrounds, recreation centres, baths, after school athletic 
 centres and lecturers’ fees, the Board of Estimate and Apportionment 
 allowed substantially the same amounts as for 1914, except in the follow¬ 
 ing cases: 
 
 (а) Salaries for vacation school, teachers were disallowed entirely. The 
 sum of $72,596.74 was spent for this purpose in 1914. 
 
 (б) The allowance for vacation playgrounds was increased from $85,000 
 in 1914 to $100,000 for 1915. 
 
 (c) The allowance for recreation centres was decreased from $100,000 in 
 1914 to $50,000 in 1915. 
 
 From the items requested in 1915 in the Special School Fund, which 
 covers all current expenditures except salaries of the supervising and 
 teaching staff, the Board of Estimate and Apportionment cut the sum of 
 $396,747.81. Part of this was on account of discretionary items, such as 
 
 12 
 
referred to previously, which were disallowed in whole or in part. The 
 balance of the cut in this fund is distributed over a great number of items 
 of supplies and equipment, also items for maintenance and operation of 
 plant, salaries of administrative force, etc. 
 
 Given pupils and teachers and you have schools. Cuts from a general 
 school fund may mean inability to employ teachers. Hence cuts from the 
 General School Fund are a greater evil than cuts from the Special School 
 Fund, which may only mean inability to supply the luxuries of education, 
 such as adequate housing, supplies and equipment. The increase in the 
 General School Fund for 1915 over 1914 is but 3.41 per cent., the lowest 
 per cent, of increase since 1903, when it was 3.29 per cent. 
 
 3. The Board of Estimate and Apportionment Alone fs Responsible to 
 Tax-Payers—the Board of Education Not at All 
 
 The Comptroller stated that the Board of Estimate and Apportionment 
 alone is responsible to tax-payers—The Board of Education owes no 
 responsibility to the tax-payers. He concluded from this ex parte declara¬ 
 tion that it was proper for the Board of Estimate and Apportionment to 
 exercise its judgment as to expenditures for education. Exception must 
 be taken to the Comptroller’s attitude that the Board of Estimate and 
 Apportionment alone is responsible to the tax-payers, and must conse¬ 
 quently control educational affairs. We find expressed here a very usual 
 attitude assumed by elective officers; to wit, that a certificate of election 
 is a blanket commission to work one’s will or fancy in all branches whatso¬ 
 ever of governmental endeavor. It does not follow from the fact that the 
 Board of Estimate and Apportionment has a part in the fixing of the 
 tax rate, that they alone have sole responsibility for all branches of 
 city government. It may be they feel their part of the responsibility the 
 more keenly because the tax rate is the political bugaboo of elective officers, 
 for increase in tax rate may be considered sufficient cause for enforced 
 retirement from office. However, responsibility other than the regulation of 
 the tax rate is owing to the tax-payers of a community. One lias but to 
 inspect the educational section of the Greater New York Charter (see 
 quotations later) to discover that upon the Board of Education is placed 
 inclusive and exclusive responsibility for the conduct of a system of public 
 education. This duty does not devolve upon the Board of Estimate and 
 Apportionment. It does devolve upon the Board of Education. 
 
 The Comptroller asks the question “Who is responsible if the Board of 
 Education is entirely wrong: If the Board of Education is profligate with 
 money that is appropriated for its purposes?” He answers “The Board of 
 Estimate and Apportionment.” This is not so. It is a fact in law and 
 also in public estimation that the Board of Education is responsible for 
 the school system. 
 
 Many court decisions attest the first, and the public press bears witness 
 to the second. 
 
 13 
 
4. A Paid Board of Five Could Save Millions of Dollars 
 
 If millions of dollars can be saved in the educational system, such amount 
 is either being expended to meet a legitimate public demand, or is being 
 expended for objects which are useless and not in public demand. If the 
 former, what activities are to be abandoned? If the latter, then there 
 must be somewhere in the school system an excrescence of such magnitude 
 that even the inexpert might unhesitatingly point it out. Where is this 
 needless expenditure running into millions? Educational activities have 
 been almost continuously under investigation for the last five years. Have 
 these investigators pointed out the places where millions might be saved? 
 One investigator, at least, called the attention of the Board of Estimate 
 and Apportionmeift to the fact that the regular day elementary schools are 
 undermanned, and that the corps should be increased. 
 
 It requires but little imagination to foresee the relationship which a 
 paid board, organized as the Comptroller advocates, would have to the 
 financial authorities. The payment of salary would, of itself, destroy the 
 independence of the board, for it is unlikely that memb'ers would act in 
 a manner to prejudice their perpetuation in office. The office of member 
 of the Board of Education would become a part of the “spoils” system. 
 There probably would be greater harmony on financial matters between a 
 paid board and the Board of Estimate and Apportionment, for the reason 
 that it would be easier to convey unofficial suggestions or instructions to 
 a paid board of five, appointed by the Mayor for the city at large, than 
 it is to influence in the same manner a large unpaid board with feelings of 
 local sympathy and responsibility. A suggestion would be an order, and 
 the whispered word in camera would take the place of public discussion and 
 deliberation. 
 
 In general, the advocates of the paid board seem to surround their pro¬ 
 gram with considerable secrecy. Is such a board to have financial inde¬ 
 pendence or to occupy a position subservient to the Board of Estimate and 
 Apportionment, as advocated by the Comptroller? Is such a board to be 
 legislative or executive in character, or both? If members are to be paid, 
 as the Comptroller advocates, it is natural to assume that .all the time of 
 the members will be devoted to educational service. It follows, then, that 
 they will perform a certain amount of executive and administrative work, 
 for legislative work or policy determining work could not occupy their 
 whole time. If they are to perform executive and administrative work, it is 
 pertinent to remember that the present statutes provide high technical 
 qualifications for positions of this kind, as for example, the City Superin¬ 
 tendent of Schools, Superintendent of Buildings, et al. Are similar high 
 qualifications in mind for members of the small paid board? 
 
 Recurring again to the statement of the Comptroller that a paid board of 
 five members could save money—millions it is claimed—there will probably 
 never be a time when keen discernment will not disclose some place where 
 economies may be effected without loss to the service. The present Board 
 
 14 
 
of Education has devoted much time to this subject, but it is doubtful 
 whether they will ever measure up to the standard set by the Comptroller 
 for his paid board, for it is recognized that mere refraining from spending 
 money does not necessarily constitute economy. The present board there¬ 
 fore chooses to proceed with the patient wisdom that goes with medicine, 
 rather than the ruthlessness that goes with surgery. 
 
 5. Drafting Kegular Day School Teachers for Summer Work 
 
 There is a matter of principle involved in this proposition which perhaps 
 ordinarily would not concern the committee, and were it not for the fact 
 that the Comptroller referred to it at some length, nothing would be said 
 regarding it. It is a fact, as we all know, that the Board of Estimate and 
 Apportionment disallowed the item for teachers’ salaries in Vacation 
 Schools. The Comptroller stated that the main purpose of the Board of 
 Estimate and Apportionment in disallowing the request for $76,152 was 
 not to save money, but to compel regular day school teachers to lengthen 
 out their service. 
 
 The Comptroller states that there were “32” of these schools employing 
 “772 out of the thousands of teachers employed.” The inference is that 
 all of the teachers were regular day school teachers who sought service in 
 the vacation schools. Correctly speaking there were 33 regular vacation 
 schools conducted in 1914, and one vacation trade school, and one school 
 with opportunity classes only, and a school for the mentally defective 
 children, a total of 36 schools. There were 742 persons (not 772 as the 
 Comptroller states) including principals in these 36 schools. Out of the 
 742 persons, 406 had been regular day school teachers. It was, therefore, 
 unlikely from the start that volunteers could be obtained for this service. 
 
 The Comptroller strongly advocates compulsory service, and he quotes in 
 this respect abstracts from the annual reports of City Superintendent Max¬ 
 well and the United States Commissioner of Education. There are many 
 who favor a lengthening of the school year, but, if I apprehend their reason¬ 
 ing correctely, it is not that they desire to force the teachers to serve a 
 longer period of time at the same compensation, but that the schools 
 shall be kept open for the benefit of the pupils. In other words, the good 
 of the pupils, not the mulcting of the teachers, is the purpose. The 
 Comptroller argues that because teachers in New York City are paid on an 
 annual basis that it is proper and appropriate for the Board of Education 
 to compel this service. These remarks raise the question as to the basis 
 upon which teachers’ pay has been fixed. From time immemorial the school 
 year in the City of New York has been as it now is. It is idle, therefore, 
 to contend that, with all of the intensive attention which has been given 
 to teachers’ salaries, the fact has been lost sight of that their salaries 
 covered less than a year’s service. 
 
 Aside from the legality of the question, which is open to serious doubt, 
 and aside from the impossibility of making equitable assignments of 
 
 15 
 
teachers for the summer work, there is a taint of sharp practice in the- 
 suggestion of compelling service. The Board of Education is considering 
 this proposition. It is unwilling as a matter of technical right (assuming 
 that such right exists) to impose compulsory service in a field which has 
 always been considered separate and distinct from the regular duties of 
 teachers, and for which it has been considered proper and equitable to pay 
 extra compensation. The practice in New York City, it is believed, is 
 general throughout the country where summer service has been carried on. 
 If these activities are worth conducting, they are worth their cost. 
 
 Relations Between the Board of Estimate and Apportionment and 
 the Board of Education 
 
 The Comptroller states that there has been friction between the Board of 
 Estimate and Apportionment and the Board of Education, and that there 
 probably always will be while the law remains as it is. Let us, therefore, 
 examine the statutes with a view to locating responsibility for this un¬ 
 fortunate condition. 
 
 The following specific provisions of law appear in the educational chapter 
 of the Greater New York Charter: 
 
 The present Board of Education succeeded to all the powers, duties 
 and functions of the school boards and became subject to such further 
 functions and duties as are provided by the Greater New York Charter. 
 (Section 1058.) 
 
 “All moneys raised for educational purposes * * * shall be raised, 
 
 in two funds. * * * The Special School Fund shall contain and em¬ 
 brace all money * * * not comprised in the General School Fund. 
 * * * It shall be the duty of the Board of Estimate and Apportion¬ 
 
 ment and of the board of aldermen to indicate in the budget in raising 
 the special school fund the respective amounts thereof which shall be 
 available for use in the several boroughs. The general school fund shall 
 be raised in bulk and for the city at large. The board of education shall 
 have power to administer and shall administer all moneys appropriated 
 or available for educational purposes.” (Section 1060.) . 
 
 “There shall be * * * a board of education which shall have the 
 
 management and control of the public schools and of the public school 
 system of the city, subject to the general statutes of the State relating 
 to public schools and public school instruction, and to the provisions of 
 this act.” (Section 1061.) 
 
 “For the purposes of this Chapter, the board of education * * * 
 
 shall possess the powers and privileges of a corporation.” (Section 1062.) 
 
 “The board of education shall administer all moneys appropriated or 
 available * * * subject to the general provisions of this act relating 
 
 to the audit and payment of salaries and other claims by the department 
 of finance.” (Section 1064.) 
 
 (Please observe that the Comptroller can only refuse upon the 
 
 ground of fraud—vide “Gunnison” decision to pay claims admitted by 
 
 the Board of Education.) 
 
 “The board of education shall have power, subject to the provisions of' 
 law and of this act, to enact by-laws, rules and regulations for the proper 
 execution of all duties devolved upon the board * * * f or regulating 
 
 the manner or making disbursements from any of the funds apportioned 
 
 16 
 

 to any borough ( i . e., the special school fund) for school purposes, for 
 the proper execution of all powers vested in it by law, and for the pro¬ 
 motion of the welfare and best interests of the public schools and the 
 public school system of the city in the matters committed to its care.” 
 (Section 1068.) 
 
 In addition to the above provisions of the Charter of the City of 
 New York, Section 220 of the State Education Law provides: 
 
 (Boards of Education corporate bodies ) 
 
 “The Board of Education of each union free school district or city is 
 hereby created a body corporate. * * *” 
 
 It appears that the principal relationship between the Board of Estimate 
 and Apportionment and the Board of Education is on the question of funds. 
 The law provides that no moneys can be raised for educational purposes 
 except they be raised in two funds; that the General School Fund must be 
 raised in bulk; that the Special School Fund shall be segregated only to 
 the extent of indicating the amounts thereof which are available for use 
 in the several boroughs; and that not only has the Board of Education 
 power to administer these funds, but it shall administer them, this latter 
 provision appearing twice in the law. 
 
 It is plain that, when the Board of Estimate and Apportionment adopts 
 minute segregations within these two funds, they do, by that act, admin¬ 
 ister the funds, a function which the law imposes upon the Board of Edu¬ 
 cation, and denies to the Board of Estimate and Apportionment. Now 
 in what manner has the Board of Estimate and Apportionment obeyed the 
 plain provisions of statute? First, for some years, the Board of Estimate 
 and Apportionment, in granting the General School Fund, sought to con¬ 
 dition the allowance in excess of three mills upon the acceptance by the 
 Board of Education of an apportionment of the entire General School 
 Fund, by items, in amounts stipulated by the Board of Estimate and Ap¬ 
 portionment. They continue to “recommend” an apportionment despite 
 an opinion of the Corporation Counsel that they are without authority to 
 make such segregation. It is true that the Board of Education has not 
 always followed precisely the apportionment of the Board of Estimate and 
 Apportionment. This has been one of the causes of dissension between the 
 two bodies, 
 
 In the Special School Fund it has become the practice of the Board of 
 Estimate and Apportionment to grant many items aside from the borough 
 segregations. For example, there are 131 separate segregations in the 
 Special School Fund for 1915, and, in addition to salary accounts, these 
 are again subdivided into what are known as “schedule lines,” some 449 
 in number. Resolutions adopted by the Board of Estimate and Apportion¬ 
 ment give each one of these schedule lines and segregations the force and 
 effect of a separate appropriation, from which the Board of Education 
 may not deviate except by consent of the Board of Estimate and Appor¬ 
 tionment. The Special School Fund for the year 1915 is thus scattered 
 among 580 items, whereas under the plain terms of the statutes the 
 
 17 
 
Board of Estimate and Apportionment is limited to indicating the amounts 
 ‘‘which shall be available for use in the several boroughs.” This minute 
 segregation leads to much loss of time, and we frequently find ourselves 
 almost hopelessly barred and circumscribed; accomplishment lags and 
 waits upon a multiplicity of resolutions of the Board of Education and the 
 Board of Estimate and Apportionment. 
 
 Under the circumstances, is not the Board of Estimate and Apportion¬ 
 ment rather completely administering the Special School Fund? Surely 
 the Board of Education is not “administering” these “moneys appropriated 
 or available for educational purposes” or “regulating the manner of making 
 disbursements” from these funds. 
 
 In addition, certain of the functions of the Board of Education have been 
 wrested from it by the financial authorities. As, for instance, the matter 
 of leasing buildings, lighting schools, submission of plans and specifications 
 for new buildings to other departments, etc. 
 
 In both the Moore and Goodnow-Howe school inquiry reports the stand 
 was taken that the Board of Estimate and Apportionment in the matter 
 of attempted control of funds and diversion of educational functions was 
 exceeding its legal authority. 
 
 Conclusion 
 
 It is important that constitutional provisions be prepared with delibera¬ 
 tion, that they express the knowledge and experience of law and practice, 
 that they be passed without reference to passing judgment or personal 
 opinion. Therefore, I believe that upon this committee there has been laid 
 a peculiar duty, which is to guard the welfare of the common schools 
 against the dangers and disputes engendered by political and administra¬ 
 tive changes in our cities. I believe that whatever provisions may be made, 
 it should be established that: 
 
 1. EDUCATION OF THE CHILDREN OF THIS STATE SHALL BE A 
 FUNCTION OF THIS STATE AND UNDER THE CONTROL OF THE 
 STATE. 
 
 2. THE LEGISLATURE SHALL PROVIDE FOR THE MAINTENANCE 
 AND SUPPORT OF A SYSTEM OF FREE COMMON SCHOOLS 
 WHERE THE CHILDREN OF THIS STATE MAY BE EDUCATED. 
 
 3. THE LEGISLATURE BY APPROPRIATE LEGISLATION SHALL 
 FURTHER PROVIDE THAT BOARDS OF EDUCATION OR OTHER 
 LIKE BODIES FOR EACH AND EVERY CITY SHALL BE AN IN¬ 
 TEGRAL PART OF SUCH STATE EDUCATIONAL SYSTEM. 
 
 4. ALL FUNDS FOR EDUCATIONAL PURPOSES SHALL BE RAISED 
 BY SEPARATE TAX AT A RATE AND IN A MANNER TO BE 
 PRESCRIBED BY THE LEGISLATURE. 
 
 5. NO PROVISION OF THIS CONSTITUTION SHALL BE INTER¬ 
 PRETED AS ALIENATING FROM THE STATE, THE POWER OF 
 CONTROLLING AND ADMINISTERING THE SYSTEM OF COMMON 
 SCHOOLS OR OF OTHERWISE LEGISLATING AND PROVIDING 
 THEREFOR. 
 
 18 
 
Appendix 1 
 
 PROVISIONS AFFECTING EDUCATION IN 
 CONSTITUTIONS OF 
 
 Alabama 
 
 Arizona 
 
 Arkansas 
 
 California 
 
 Colorado 
 
 Connecticut 
 
 Delaware 
 
 Florida 
 
 Georgia 
 
 Idaho 
 
 Illinois 
 
 Indiana 
 
 Iowa 
 
 Kansas 
 
 Kentucky 
 
 Louisiana 
 
 Maine 
 
 Maryland 
 
 Massachusetts 
 
 Michigan 
 
 Minnesota 
 
 Mississippi 
 
 Missouri 
 
 Montana 
 
 Nebraska 
 
 Nevada 
 
 New Hampshire 
 New Jersey 
 New Mexico 
 New York 
 North Carolina 
 North Dakota 
 Ohio 
 
 Oklahoma 
 
 Oregon 
 
 Pennsylvania 
 
 Rhode Island 
 
 South Carolina 
 
 South Dakota 
 
 Tennessee 
 
 Texas 
 
 Utah 
 
 Vermont 
 
 Virginia 
 
 Washington 
 
 West Virginia 
 
 Wisconsin 
 
 Wyoming 
 
 ALABAMA CONSTITUTION—1908 
 Article XIV 
 
 256. The Legislature shall establish, organize and maintain a liberal 
 system of public schools throughout the State for the benefit of the children 
 thereof between the ages of seven and twenty-one years. The public school 
 fund shall be apportioned to the several counties in proportion to the 
 number of school children of school age therein, and shall be so appor¬ 
 tioned to the schools in the districts or townships in the counties as to 
 provide, as nearly as practicable, school terms of equal duration in such 
 school districts or townships. Separate schools shall be provided for white 
 and colored children, and no child of either race shall be permitted to attend 
 a school of the other race. 
 
 257. The principal of all funds arising from the sale or other disposition of 
 lands or other property, which has been or may hereafter be granted or 
 entrusted to this State or given by the United States for educational pur¬ 
 poses shall be preserved inviolate and undiminished; and the income 
 arising therefrom shall be faithfully applied to the specific object of the 
 original grants or appropriations. 
 
 258. All lands or other property given by individuals, or appropriated 
 by the State for educational purposes and all estates of deceased persons 
 who may die without leaving a will or heir shall be faithfully applied to 
 the maintenance of the public schools. 
 
 259. All poll taxes collected in this state shall be applied to the support 
 of the public schools in the respective counties where collected. 
 
 260. The income arising from the Sixteenth Section trust fund, the sur¬ 
 plus revenue fund, until it is called for by the United States government, 
 
 19 
 
and the funds enumerated in Sections 257 and 258 of this Constitution, 
 together with a special annual tax of thirty cents on each one hundred 
 dollars of taxable property in this State, which the Legislature shall levy, 
 shall be applied to the support and maintenance of the public schools, 
 and it shall be the duty of the Legislature to increase the^public school fund 
 from time to time as the necessity therefor, and the condition of the 
 treasury and the resources of the State may justify; provided, that nothing 
 herein contained shall be so construed as to authorize the Legislature to 
 levy in one year a greater rate of State taxation for all purposes, including 
 schools, than sixty-five cents on each one hundred dollars’ worth of taxable 
 property; and provided further that nothing herein contained shall pre¬ 
 vent the Legislature from first providing for the payment of bonded in¬ 
 debtedness of the State and interest thereon out of all the revenues of the 
 State. 
 
 261. Not more than four per cent, of all moneys raised or which may 
 hereafter be appropriated for the support of public schools, shall be used 
 or expended otherwise than for the payment of teachers employed in such 
 schools; provided, that the Legislature may, by a vote of two-thirds of 
 each House, suspend the operation of this section. 
 
 262. The supervision of the public schools shall be vested in a Superin¬ 
 tendent of Education, whose powers, duties and compensation shall be 
 fixed by law. 
 
 263. No money raised for the support of the public schools shall be ap¬ 
 propriated to or used for the support of any sectarian or denominational 
 school. 
 
 264. The State University shall be under the management and control 
 of a board of trustees, which shall consist of two members from the con¬ 
 gressional district in which the University is located, one from each of 
 the other congressional districts of the State, the superintendent of 
 education and the governor, who shall be ex-officio president of the board. 
 The members of the board of trustees as now constituted shall hold office 
 until their respective terms expire under existing law, and until their 
 successors shall be elected and confirmed as hereinafter required. Suc¬ 
 cessors to those trustees whose terms expire in 1902 shall hold office until 
 1907; successors to those trustees whose terms expire in 1904 shall hold 
 office until 1911; successors to those trustees whose terms expire in 1906 
 shall hold office until 1915; and thereafter their successors shall hold 
 office for a term of 12 years. When the term of any member of such 
 board shall expire, the remaining members of the board shall by secret 
 ballot elect his successor; provided that any trustee so elected shall hold 
 office from the date of his election until his confirmation or rejection by 
 the senate, and if confirmed, until the expiration of the term for which 
 he was elected, and until his successor is elected. At every meeting of the 
 legislature the Superintendents of Education shall certify to the senate 
 the names of all who shall have been so elected since the last session of 
 the legislature, and the senate shall confirm or reject them, as it shall 
 determine is for the best interest of the University. If it rejects the 
 names of any members, it shall thereupon elect trustees in the stead of 
 those rejected. In case of a vacancy on said board by death or resignation 
 of a member, or from any cause other than the expiration of his term 
 of office, .the board shall elect his successor who shall hold office until the 
 next session of the legislature. No trustee shall receive any pay or emolu¬ 
 ment other than his actual expenses incurred in the discharge of his 
 duties as such. 
 
 265. After the ratification of this constitution there shall be paid out 
 of the treasury of this State at the time and in the manner provided by 
 law the sum of not less than thirty-six thousand dollars per annum as 
 
 20 
 
Interest on the funds of the University of Alabama heretofore covered into 
 the treasury for the maintenance and support of said institution; provided 
 that the legislature shall have the power at any time they deem proper 
 for the best interest of said University to abolish the military system of 
 said institution, or reduce the said system to a department of instrucion, 
 and that such action on the part of the legislature shall not cause any 
 diminution of the amount of the annual interest payable out of the 
 treasury for the support and maintenance of said university. 
 
 266. The Ala. Polytechnic Institute, formerly called the Agricultural 
 and Mechanical College, shall be under the management and control of a 
 board of trustees, which shall consist of two members from the con¬ 
 gressional district in which the institute is located, and one from each 
 of the other congressional districts of the state, the state superintendent 
 of education and the governor, who shall be ex-officio president of the 
 board. The trustees shall be appointed by the governor, by and with the 
 consent and advice of the senate, and shall hold office for a term of twelve 
 years and until their successors shall be appointed and qualified. The 
 board shall be divided into three classes, as nearly equal as may be, 
 so that one-third may be chosen quadriennially. Vacancies occurring in 
 the office of trustees from death or resignation, and the vacancies regu¬ 
 larly occurring in the year 1905 shall be filled by the governor and such 
 appointees shall hold office until the next meeting of the legislature. 
 Successors to those trustees whose terms expire in 1903 shall hold office 
 'until 1911; successors to those trustees whose terms expire in 1905, shall 
 hold office until 1915, and successors to those whose terms expire in 1907 
 shall hold office until 1919. No trustee shall receive any pay or emolument 
 other than his actual expenses incurred in the discharge of his duty as 
 such. 
 
 267. The legislature shall not have power to change the location of the 
 state university or the Ala. Poly. Inst, or the Ala. School for the Deaf 
 and the Blind, or the Ala. Girls’ Industrial School; as now established by 
 law, except upon a vote of two-thirds of the legislature taken by yeas 
 and nays and entered upon the journals. 
 
 268. The legislature shall provide for taking a school census by town¬ 
 ships and districts throughout the state not oftener than once in two years, 
 and shall provide for the punishment of all persons or officers making false 
 or fraudulent remunerations and returns, provided the state superintendent 
 of education may order and supervise the taking of a new census in any 
 township, district, or county, whenever he may have reasonable cause to 
 believe that false or fraudulent returns have been made. 
 
 269. The several counties in this state shall have power to levy and col¬ 
 lect a special tax not exceeding ten cents on each one hundred dollars of 
 taxable property in such counties, for the support of public schools; pro¬ 
 vided that the rate of such tax, the time it is to continue, and the purpose 
 thereof, shall have been first submitted to a vote of the qualified electors 
 of the county, and voted for by three-fifths of those voting at such 
 elections; but the rate of such special tax shall not increase the rate of 
 taxation, state and county combined, in any one year to more than $1.25 
 on each one hundred dollars of taxable property, excluding, however, all 
 special county taxes for public buildings, roads, bridges and the payment 
 of debts existing at the ratification of the constitution of 1875. The 
 funds arising from such special school tax shall be so apportioned and 
 paid through the proper school officials to the several schools in the town¬ 
 ships and districts in the county that the school terms of the respective 
 schools shall be extended by such supplement as nearly the same length 
 of time as practicable; provided that this section-shall not apply to the 
 cities of Decatur, New Decatur, and Cullman. 
 
 21 
 
270. The provisions of this article and of any act of the legislature 
 passed in pursuance thereof to establish, organize and maintain a system 
 of public schools throughout the state shall apply to Mobile County only 
 so far as to authorize and require the authority designated by law to 
 draw the portions of the fund to which their county shall be entitled for 
 school purposes, and to make reports to the superintendent of education 
 as may be prescribed by law, and all special incomes and powers of taxa¬ 
 tion as now authorized by law for the benefit of public schools in said 
 county shall remain undisturbed until otherwise provided by the legisla¬ 
 ture; provided that separate schools for each race shall always be main¬ 
 tained by said authorities. 
 
 Note!: —There have been no other amendments. See letters from Secre¬ 
 tary of State, January 23, 1911, December, 1913. 
 
 ARIZONA CONSTITUTION—1914 
 Article XI 
 
 Section 1. The legislature shall enact such laws as shall provide for 
 the establishment and maintenance of a general and uniform, public-school 
 system, which system shall include kindergarten schools, common schools, 
 high schools, normal schools, industrial schools, and a university (which 
 shall include an agricultural college, a school of mines, and such other 
 technical schools as may be essential, until such time as it may be deemed 
 advisable to establish separate State institutions of such character). The 
 legislature shall also enact such laws as shall provide for the education 
 and care of the deaf, dumb, and blind. 
 
 Section 2. The general conduct and supervision of the public school 
 system shall be vested in a State board of education, a State superintendent 
 of public instruction, county school superintendents, and such governing 
 boards for the State institutions as may be provided by law. 
 
 Section 3. The State board of education shall be composed of the fob 
 lowing members: The governor, the superintendent of public instruction, 
 the president of the university, and principals of the State normal schools, 
 a principal of a high school, and a county superintendent of schools, to 
 be appointed by the governor. The powers and duties of the board shall 
 be such as prescribed by law. The members of the board shall serve with¬ 
 out pay, but all their necessary expenses incurred in attending meetings 
 of the board, and for printing, shall be provided for by law. 
 
 Section 4. The State superintendent of public instruction shall be a 
 member and secretary of the State board of education and ex-officio, a 
 member of any other board having control of public instruction in any 
 State institution. His powers and duties shall be prescribed by law. 
 
 Section 5. The regents of the university and the governing boards of 
 other State educational institutions shall be appointed by the governor, 
 except that the governor shall be, ex-officio, a member of the board of 
 regents of the university. 
 
 Section 6. The university and all other State educational institutions 
 shall he open to students of both sexes, and the instruction furnished shall 
 be as nearly free as possible. 
 
 The legislature shall provide for a system of common schools, by which 
 a free school shall be established and maintained in every school district 
 for at least six months in each year, which school shall be open to all 
 pupils between the ages of 6 and 21 years. 
 
 Section 7. No sectarian instruction shall be imparted in any school or 
 State educational institution that may be established under this constitu¬ 
 tion, and no religious or political test or qualification shall ever be required 
 
 22 
 
as a condition of admission into any public educational institution of the 
 State as teacher, student or pupil; but the liberty of conscience hereby 
 secured shall not be so construed as to justify practices or conduct incon¬ 
 sistent with the good order, peace, morality, or safety of the State, or with 
 the rights of others. 
 
 Section 8. A permanent State school fund for the use of the common 
 schools shall be derived from the sale of public school lands or other 
 public lands specified in the enabling act approved June 20, 1910; from 
 all estates or distributive shares of estates that may escheat to the State; 
 from all unclaimed shares and dividends of any corporation incorporated 
 under the laws of Arizona; and from all gifts, devises, or bequest made to 
 the State for general educational purposes. 
 
 The income derived from the investment of the permanent State school 
 fund, and from the rental derived from school lands, with such other funds 
 as may be provided by law shall be apportioned annually to the various 
 counties of the State in proportion to the number of pupils of school age 
 residing therein. 
 
 Section 9. The amount of this apportionment shall become a part of the 
 county school fund, and the legislature shall enact such laws as will 
 provide for increasing the county fund sufficiently to maintain all the 
 public schools of the county for a minimum term of six months in every 
 school year. The laws of the State shall enable cities and towns to main¬ 
 tain free high schools, industrial schools, and commercial schools. 
 
 Section 10. The revenue for the maintenance of the respective State 
 educational institutions shall be derived from the investment of the pro¬ 
 ceeds of the sale, and from the rental of such lands as have been set aside 
 by the enabling act approved June 20, 1910, or other legislative enactment 
 of the United States for the use and benefit of the respective State educa¬ 
 tional institutions. In addition to such income the legislature shall make 
 such special appropriations as shall provide for their development and 
 improvement. 
 
 CONSTITUTION OF ARKANSAS, AMENDED TO 1906 
 Article XIV 
 Education 
 
 Section 1. Intelligence and virtue being the safeguards of liberty and 
 the bulwark of a free and good government, the State shall ever maintain 
 a general, suitable and efficient system of free schools, whereby all per¬ 
 sons in the State, between the ages of six and twenty-one years, may 
 receive gratuitous instruction. 
 
 Section 2. No money or property belonging to the public school fund 
 or to this State,* for the benefit of schools or universities shall ever be 
 used for any other than for the respective purposes to which it belongs. 
 
 Section 3. The general assembly shall provide by general laws for the 
 support of common schools by taxes, which shall never exceed in any one 
 year two mills on the dollar of the taxable property of the State; and by 
 an annual per capita tax of one dollar, to be assessed on every male inhab¬ 
 itant of this State, over the age of twenty-one years; PROVIDED, The 
 general assembly may, by general law, authorize school districts to levy, by 
 a vote of the qualified electors of such district, a tax, not to exceed five 
 mills on the dollar in any one year for school purposes; PROVIDED 
 FURTHER, That no such tax shall be appropriated to any other purpose, 
 nor to any other district than that for which it was levied. 
 
 Section 4. The supervision of public schools, and the execution of the 
 
 23 
 
laws regulating the same, shall be vested in and confided to, such officers 
 as may be provided for by the general assembly. 
 
 (Amendment September 3, 1906.) 
 
 “Article XIV, Section 3. The general assembly shall provide by gen¬ 
 eral laws for the support of common schools by taxes, which shall never 
 exceed in any one year three mills on the dollar on the taxable property 
 of the State, and by an annual per capita tax of one dollar, to be assessed 
 on every male inhabitant of this State over the age of twenty-one years. 
 Provided the general assembly may, by general law, authorize school 
 districts to levy by a vote of the qualified electors of such district a tax 
 not to exceed seven mills on the dollar in any one year for school pur¬ 
 poses. Provided further, that no such tax shall be appropriated to any 
 other purpose nor to any other district than that for which it was 
 levied.” 
 
 CALIFORNIA CONSTITUTION—AMENDED TO NOVEMBER 5, 1912 
 
 Article IX 
 
 Encouragement of Education. 
 
 Section 1. A general diffusion of knowledge and intelligence being essen¬ 
 tial to the preservation of the rights and liberties of the people, the Legis¬ 
 lature shall encourage by all suitable means the promotion of intellectual, 
 scientific, moral, and agricultural improvement. 
 
 Superintendent of Public Instruction 
 
 Section 2. A Superintendent of Public Instruction shall, at each guber¬ 
 natorial election after the adoption of this Constitution, be elected by 
 the qualified electors of the State. He shall receive a salary equal to that 
 of the Secretary of State, and shall enter upon the duties of his office on 
 the first Monday after the first day of January next succeeding his 
 election. 
 
 County Superintendent of Schools 
 
 Section 3. A superintendent of schools for each county shall be elected 
 by the qualified electors thereof at each gubernatorial election: PRO¬ 
 VIDED, that the Legislature may authorize two or more counties to unite 
 and elect one superintendent for the counties so uniting. 
 
 State School Fund 
 
 Section 4. The proceeds of all lands that have been or may be granted 
 by the United States to this State for the support of common schools which 
 may be, or may have been, sold or disposed of, and the five hundred 
 thousand acres of land granted to the new States under an act of Con¬ 
 gress distributing the proceeds of the public lands among the several 
 States of the Union, Approved A. D. one thousand eight hundred and 
 forty-one, and all estates of deceased persons who may have died without 
 leaving a will or heir,' and also such per cent, as may be granted, or may 
 have been granted, by Congress on the sale of lands in this State, shall 
 be and remain a perpetual fund, the interest of which, together with all 
 the rents of the unsold lands, and such other means as the Legislature 
 may provide, shall be inviolably appropriated to the support of common 
 schools throughout the State. 
 
 Common Schools, System of 
 
 Section 5. The legislature shall provide for a system of common schools 
 by which a free school shall be kept up and supported in each district at 
 
 24 
 
least six months in every year, after the first year in which a school has 
 been established. 
 
 Public School System and Tax 
 
 Section 6. The public school system shall include day and evening 
 elementary schools, and such day and evening secondary schools, normal 
 schools and technical schools as may be established by the legislature, or 
 by municipal or district authority. The entire revenue derived from the 
 State School Fund and from the General State School Tax shall be applied 
 exclusively to the support of day and evening elementary schools; but the 
 Legislature may authorize and cause to be levied a special State school 
 tax, for the support of day and evening secondary schools and technical 
 schools, or either of such schools, included in the public school system and 
 all revenue derived from such special tax shall be applied exclusively to 
 the support of the schools for which such special tax shall be levied. 
 (Amendment adopted November 3, 1908.) 
 
 State Board of Education—Text Books, County Boards of Education 
 
 Section 7. The Governor, the Superintendent of Public Instruction, the 
 President of the University of California, and the professor of pedagogy 
 therein and the principals of the State normal schools shall constitute the 
 State Board of Education, and shall compile, or cause to be compiled and 
 adopt a uniform series of text-books for use in the common schools 
 throughout the State. 
 
 The State board may cause such text-books when adopted, to be printed, 
 and published by the Superintendent of State Printing, at the State Print¬ 
 ing Office; and when so printed and published, to be distributed and sold 
 at the cost price of printing, publishing and distributing the same. The 
 text-books, so adopted, shall continue in use not less than four years, with¬ 
 out change or alteration whatsoever which will require or necessitate the 
 purchase of new books by such pupils, and said State board shall perform 
 such other duties as may be prescribed by law. The Legislature shall 
 provide for a board of education in each county in the State. The county 
 superintendents and the county boards of education shall have control of 
 the examination of teachers and the granting of teachers’ certificates 
 within their respective jurisdiction. (Amendment adopted October 10, 
 1911.) 
 
 Amended November 5, 1912. 
 
 Section 7. The legislature shall provide for the appointment or election 
 of a State board of education, and said board shall provide, compile or 
 cause to be compiled, and adopt, a uniform series of text-books for use in 
 the day and evening elementary schools throughout the State. The State 
 board may cause such text books, when adopted, to be printed and pub¬ 
 lished by the superintendent of State printing, at the State printing office; 
 and wherever and however such text books may be printed and published, 
 they shall be furnished and distributed by the State free of cost or any 
 charge whatever, to all children attending the day and evening elementary 
 schools of the State, under such conditions as the legislature shall pre¬ 
 scribe. The text books, so adopted, shall continue in use not less than 
 four years, without change or alteration whatsoever which will require 
 or necessitate the furnishing of new books to such pupils, and said State 
 board shall perform such other duties as may be prescribed by law. The 
 legislature shall provide for a board of education in each county in the 
 State. The county superintendents and the county boards of education 
 shall have control of the examination of teachers and the granting of 
 teachers’ certificates within their respective jurisdictions. 
 
 25 
 
Sectarian Schools—Appropriating Money for , Prohibited 
 
 Section 8. No public money shall ever be appropriated for the support 
 of any sectarian or denominational school, or any school not under the 
 exclusive control of the officers of the public schools; nor shall any 
 sectarian or denominational doctrine be taught, or instruction thereon be 
 permitted directly or indirectly, in any of the common schools of this 
 State. 
 
 University of California 
 
 Section 9. The University of California shall constitute a public trust, 
 and its organization and government shall be perpetually continued in the 
 form and character prescribed by the Organic Act creating the same, 
 passed March twenty-third, eighteen hundred and sixty-eight (and the 
 several acts amendatory thereof), subject only to such legislative control 
 as may be necessary to insure compliance with the term of its endowments, 
 and the proper investment and security of its funds. It shall be entirely 
 independent of all political or sectarian influence, and kept free therefrom 
 in the appointment of its regents, and in the administration of its affairs; 
 PROVIDED, that all moneys derived from the sale of the public lands 
 donated to this State by Act of Congress, approved July second, eighteen 
 hundred and sixty-two (and the several acts amendatory thereof), shall be 
 invested as provided by said acts of Congress, and the interest of said 
 moneys shall be inviolably appropriated to the endowment, support, and 
 maintenance of at least one college of agriculture, where the leading 
 objects shall be (without excluding other scientific and classical studies, 
 and including military tactics) to teach such branches of learning as are 
 related to scientific and practical agriculture and the mechanic arts, in 
 accordance with the requirements and conditions of said acts of Congress, 
 and the legislature shall provide that if, through neglect, misappropria¬ 
 tion, or any other contingency, any portion of the funds so set apart.shall 
 be diminished or lost, the State shall replace such portion so lost or mis¬ 
 appropriated, so that the principal thereof shall remain forever undimin¬ 
 ished. No person shall be debarred admission to any of the collegiate 
 departments of the University on account of sex. 
 
 Leland Stanford Junior University 
 
 Section 10. The trust and estates created for the founding, endowment 
 and maintenance of the Leland Stanford Junior University, under and in 
 accordance with “An Act to Advance Learning,” etc., approved March 
 ninth, eighteen hundred and eighty-five, by the endowment grant executed 
 by Leland Stanford and Jane Lanthrop Stanford on the eleventh day of 
 November, A. D. eighteen hundred and eighty-five, and recorded in liber 
 eighty-three of deeds, at page twenty-three, et. seq., records of Santa Clara 
 County, and by the amendments of such grant, and by gifts, grants, be¬ 
 quests and devises supplementary thereto, and by confirmatory grants, are 
 permitted, approved and confirmed. The board of trustees of the Leland 
 Stanford Junior University, as such, or in the name of the institution, or 
 by other intelligible designation of the trustees of the institution, may 
 receive property, real or personal, and wherever situated, by gift, grant, 
 devise, or bequest for the benefit of the institution, or of any department 
 thereof, and such property, unless otherwise provided, shall be held by 
 the trustees of the Leland Stanford Junior University upon the trust pro¬ 
 vided for in the grant founding the university, and amendments thereof, 
 and grants, bequests and devises supplementary thereto. The legislature, 
 by special act, may grant to the trustees of the Leland Stanford Junior 
 University corporate powers and privileges, but it shall not thereby alter 
 
 26 
 
their tenure, or limit their powers or obligations as trustees. All property 
 now or hereafter held in trust for the founding, maintenance or benefit of 
 the Leland Stanford Junior University, or of any department thereof, may 
 be exempted by special act from State taxation, and all personal property 
 so held, the Palo Alto farm as described in the endowment grant to the 
 trustees of the university, and all other real property so held and used by 
 the university for educational purposes exclusively, may be similarly ex¬ 
 empted from county and municipal taxation; PROVIDED, that residents 
 of California shall be charged no fees for tuition unless such fees be 
 authorized by act of the legislature. (New section, adopted November 6, 
 1900.) 
 
 California School of Mechanical Arts 
 
 Section 11. All property now or hereafter belonging to “The California 
 School of Mechanical Arts,” an institution founded and endowed by the 
 late James Lick to educate males and females in the practical arts of life, 
 and incorporated under the laws of the State of California, November 23, 
 1885, having its school buildings located in the city and county of San 
 Francisco, shall be exempt from taxation. The trustees of said institution 
 must anually report their proceedings and financial accounts to the Gov¬ 
 ernor. The legislature may modify, suspend and revive at will the exemp¬ 
 tion from taxation herein given. (New section, adopted November 6, 1900.) 
 
 California Academy of Sciences 
 
 Section 12. All property now or hereafter belonging to the “California 
 Academy of Sciences,” an institution for the advancement of science and 
 maintenance of a free museum, and chiefly endowed by the late James 
 Lick, and incorporated under the laws of the State of California, January 
 16, 1871, having its buildings located in the city and county of San Fran¬ 
 cisco, shall be exempt from taxation. The trustees of said institution must 
 annually report their proceedings and financial accounts to the Governor. 
 The legislature may modify, suspend and revise at will the exemption from 
 * taxation herein given. (New section, adopted November 8, 1904.) 
 
 Cogswell Poly technical College 
 
 Section 13. All property now or hereafter belonging to the Cogswell 
 Polytechnical College, an institution for the advancement of learning in¬ 
 corporated under the laws of the State of California, and having its build¬ 
 ings located in the city and county of San Francisco, shall be exempt from 
 taxation. The trustees of said institution must annually report their pro¬ 
 ceedings and financial accounts to the Governor. The legislature may 
 modify, suspend and revive at will the exemption from taxation herein 
 given. (New section, adopted November 6, 1906.) 
 
 A proposed amendment to the Constitution entitled “Adoption and 
 Amendment of the Municipal Charter,” providing that any city, state or 
 county containing a population of more than 3,500 inhabitants, may adopt 
 charters subject to the permission of the legislature and CONSISTENT 
 WITH AND SUBJECT TO THIS CONSTITUTION, was adopted in 1914. 
 
 (Note —Even in giving this power, the municipalities would have to 
 record the provision for State control contained in the constitution.) 
 
 (An amendment to the constitution exempting educational institutions 
 from taxation was adopted in 1914.) 
 
 27 
 
CONSTITUTION OF COLORADO—AMENDED TO 1914 
 Article IX 
 Education 
 
 Section 1. The general supervision of the public schools of the State 
 shall be vested in a board of education, whose powers and duties shall be 
 prescribed by law; the superintendent of public instruction, the secretary 
 of state, and the attorney-general shall constitute the board, of which the 
 superintendent of public instruction shall be president. 
 
 Section 2. The general assembly shall, as soon as practicable, provide 
 for the establishment and maintenance of a thorough and uniform system 
 of free public schools throughout the State wherein all residents of the 
 State between the ages of six and twenty-one years may be educated gratu¬ 
 itously. One or more public schools shall be maintained in each school dis¬ 
 trict within the State at least three months in each year; any school dis¬ 
 trict failing to have such school shall not be entitled to receive any portion 
 of the school fund for that year. 
 
 Section 3. The public school fund of the State shall forever remain in¬ 
 violate and intact; the interest thereon only shall be expended in the 
 maintenance of the schools of the State, and shall be distributed among the 
 several counties and school districts of the State in such manner as may 
 be prescribed by law. No part of this fund, principal or interest, shall 
 ever be transferred to any other fund, or used or appropriated except as 
 herein provided. The State treasurer shall be the custodian of this fund, 
 and the same shall be securely and profitably invested as may be by law 
 directed. The State shall supply all losses thereof that may in any man¬ 
 ner occur. 
 
 Section 4. Each county treasurer shall collect all school funds belong¬ 
 ing to his county, and the several school districts therein, and disburse the 
 same to the proper districts upon warrants drawn by the county superin¬ 
 tendent, or by the proper district authorities as may be provided by law. 
 
 Section 5. The public school fund of the State shall consist of the pro¬ 
 ceeds of such lands as have heretofore been, or may hereafter be granted to 
 the State by the General Government for educational purposes, all estates 
 that may escheat to the State; also all other grants, gifts or devises that 
 may be made to this State for educational purposes. 
 
 Section 6. There shall be a county superintendent of schools in each 
 county whose term of office shall be two years, and whose duties, qualifica¬ 
 tions, and compensation shall be prescribed by law. He shall be ex-officio 
 commissioner of lands within his county, and shall discharge the duties of 
 said office under the direction of the State Board of Land Commissioners, 
 as directed by law. 
 
 Section 7. Neither the general assembly, nor any county, city, town, 
 township, school district or other public corporation shall ever make any 
 appropriation, or pay from any school fund or moneys whatever, anything 
 in aid of any church or sectarian society, or for any sectarian purposes, or 
 to help support or sustain any school, academy, seminary, college, uni¬ 
 versity, or other literary or scientific institution controlled by any church 
 or sectarian denomination whatsoever; nor shall any grant or donation of 
 land, money, or other personal property ever be made by the State, or an}^ 
 such public corporation, to any church or for any sectarian purpose. 
 
 Section 8. No religious test or qualification shall ever be required of 
 any person as- a condition of admission into any public educational institu¬ 
 tion of the State, either as teacher or student and no teacher or student of 
 any such institution shall ever be required to attend or participate in any 
 
 28 - 
 
religious service whatsoever. No sectarian tenets or doctrines shall ever 
 be taught in the public schools, nor shall any distinction or classification 
 of pupils be made on account of race or color. 
 
 Section 9. The governor, superintendent of public instruction, secretary 
 of state and attorney-general shall constitute the State board of land com¬ 
 missioners, who shall have the direction, control and disposition of the 
 public lands of the State, under such regulations as may be prescribed by 
 law. 
 
 Section 10. It shall be the duty of the State board of land commis¬ 
 sioners to provide for the location, protection, sale or other disposition of 
 all lands heretofore, or which may hereafter be, granted to the State by the 
 General Government, under such regulations as may be prescribed by law, 
 and in such manner as will secure the maximum possible amount therefor. 
 No law shall ever be passed by the general assembly granting any privileges 
 to persons who may have settled upon such public lands subsequent to the 
 survey thereof by the General Government, by which the amount to be 
 derived by the sale, or other disposition of such lands, shall be diminished, 
 directly or indirectly. The general assembly shall, at the earliest prac¬ 
 ticable period, provide by law that the several grants of land made by 
 Congress to the State shall be judiciously located and carefully preserved 
 and held in trust subject to disposal for the use and benefit of the respec¬ 
 tive objects for which said grants of land were made and the general as¬ 
 sembly shall provide for the sale of said lands from time to time, and for 
 the faithful application of the proceeds thereof in accordance with the 
 terms of said grants. 
 
 Section 11. The general assembly may require, by law, that every child 
 of sufficient mental and physical ability shall attend the public school 
 during the period between the ages of six and eighteen years, for a time 
 equivalent to three years, unless educated by other means. 
 
 Section 12. There shall be elected by the qualified electors of the State 
 at the first general election under this constitution, six regents of the 
 university, who shall, immediately after their election, be so classified, by 
 lot, that two shall hold office for the term of two years, two for four years 
 and two for six years; and every two years after the first election there 
 shall be elected two regents of the university whose term of office shall be 
 six years. The regents thus elected, and their successors, shall constitute 
 a body corporate, to be known by the name and style of '‘THE REGENTS 
 OF THE UNIVERSITY OF COLORADO.” 
 
 Section 13. The Regents of the University shall, at their first meeting, 
 or as soon thereafter as practicable, elect a president of the university, 
 who shall hold office until removed by the board of regents for cause; he 
 shall be ex-officio a member of the board, with the privilege of speaking, 
 but not of voting, except in cases of a tie; he shall preside at the meetings 
 of the board, and be the principal executive officer of the university, and a 
 member of the faculty thereof. 
 
 Section 14. The board of regents shall have the general supervision of 
 the university, and the exclusive control and direction of all the funds of, 
 and appropriations to, the university. 
 
 Section 15. The general assembly shall, by law, provide for organization 
 of school districts of convenient size, in each of which shall be established 
 a board of education, to consist of three or more directors, to be elected by 
 the qualified electors of the district. Said directors shall have control of 
 instruction in the public schools of their respective districts. 
 
 Section 16. Neither the general assembly nor the State board of educa¬ 
 tion shall have power to prescribe text-books to be used in the public 
 schools. 
 
Under amendment passed in 1902 certain municipal corporations were 
 
 consolidated into a “single body” politic and corporate, by the name of 
 
 “The City and County of Denver.” 
 
 Section 5 of said amendment provided as follows (last paragraph) : 
 No charter, amendment or measure adopted or defeated under the provi¬ 
 sions of this amendment shall be amended, repealed or revived, except by 
 petition and electoral vote. And no such charter, charter amendment or 
 measure shall diminish the tax rate for State purposes fixed by act of the 
 general assembly, or interfere in any wise with the collection of State taxes. 
 
 Section 7. School Districts Consolidated (from said amendment). 
 
 The city and county of Denver shall alone always constitute one school 
 district, to be known as District No. 1, but its conduct, affairs and business 
 shall be in the hands of a board of education, consisting of such numbers, 
 elected in such manner as the general school laws of the State shall pro¬ 
 vide, and until the first election under said laws of a full board of educa¬ 
 tion, which shall be had at the first election held after the adoption of 
 this amendment, all the directors of school district No. 1 and the respective 
 presidents of the school boards of school districts Nos. 2, 7, 17 and 21 at 
 the time this amendment takes effect, shall act as such board of education, 
 and all districts or special charters now existing are hereby abolished. 
 
 The said board of education shall perform all the acts and duties re¬ 
 quired to be performed for said district by the general laws of the State. 
 Except as inconsistent with this amendment, the general school laws of the 
 State shall, unless context evinces a contrary intent, be held to extend and 
 apply to the said District No. 1.” 
 
 Upon the annexation of any contiguous municipality which shall include 
 a school district or districts, or any part of a district, said school district 
 or districts or part shall be merged in said “District No. 1,” which shall 
 then own all the property thereof, real and personal, located within the 
 boundaries of such annexed municipality, and shall assume and pay all the 
 bonds, obligations and indebtedness of each of the said included school dis¬ 
 tricts, and a proper proportion of those partially included districts. 
 
 Provided, however, that the indebtedness, both principal and interest, 
 which any school district may be under at the time when it becomes a part 
 of this amendment or by annexation of said “District No. 1” shall be paid 
 by said school district so owing the same by a special tax, to be fixed and 
 certified by the Board of Education to the council, which shall levy the 
 same upon the property within the boundaries of such district respectively, 
 as the same existed at the time such district becomes a part of said “Dis¬ 
 trict No. 1,” and in case of partially included districts, such tax shall be 
 equitably apportioned upon the several parts thereof. 
 
 Section 8. Anything in the constitution of the State in conflict or in¬ 
 consistent with the provisions of this amendment is hereby declared to be 
 inapplicable to the matters and things by this amendment covered and 
 provided for. 
 
 CONNECTICUT CONSTITUTION—In force January 1, 1914 
 Article VIII 
 
 Section 1. The charter of Yale College, as modified by agreement with 
 the corporation thereof, in pursuance of an Act of the General Assembly, 
 passed in May, 1792, is hereby confirmed. 
 
 Section 2. The fund, called the School fund, shall remain a perpetual 
 fund, the interest of which shall be inviolably appropriated to the support 
 and encouragement of the public, or common schools, throughout the State, 
 and for the equal benefit of all the people thereof. The value and amount 
 
 30 
 
of said fund shall as soon as practicable, be ascertained in such manner 
 as the General Assembly may prescribe, published, and recorded in the 
 Controller’s office; and no law shall ever be made, authorizing said fund to 
 be diverted to any other use than the encouragement and support of public, 
 or common schools, among the several school societies, as justice and equity 
 shall require. 
 
 CONSTITUTION OF DELAWARE—1897 
 Article IX 
 Education 
 
 Section 1. The General Assembly shall provide for the establishment and 
 maintenance of a general and efficient system of free public schools, and 
 may require by law that every child, not physically or mentally disabled, 
 shall attend the public schools, unless educated by other means. 
 
 Section 2. In addition to the income of the investments of the Public 
 School Fund, the General Assembly shall make provision for the annual 
 payment of not less than one hundred thousand dollars for the benefit of 
 the free public schools, which, with the income of the investments of the 
 Public School Fund, shall be equitably apportioned among the school dis¬ 
 tricts of the state as the General Assembly shall provide; and the money 
 so apportioned shall be used exclusively for the payment of teachers’ sala¬ 
 ries and for furnishing free text books; provided, however, that in such 
 apportionment no distinction shall be made on account of race or color, 
 and separate schools for white and colored children shall be maintained. 
 All other expenses connected with the maintenance of free public schools, 
 and all expenses connected with the erection or repair of free public school 
 buildings, shall be defrayed in such manner as shall be provided by 
 law. 
 
 Section 3. No portion of any fund now existing, or which may here¬ 
 after be appropriated, or raised by tax, for educational purposes, shall be 
 appropriated to or used by, or in aid of, any sectarian, church or denomina¬ 
 tional school; provided that all real or personal property used for school 
 purposes, where the tuition is free, shall be exempt from taxation and 
 assessment for public purposes. 
 
 Section 4. No part of the principal or income of the Public School Fund 
 now or hereafter existing, shall be used for any other purpose than the 
 support of free public schools. 
 
 CONSTITUTION OF FLORIDA—Amended to 1894 
 Article XII 
 Education 
 
 Section 1. The Legislature shall provide for a uniform system of public 
 free schools, and shall provide for the liberal maintenance of the same. 
 
 Section 2. There shall be a Superintendent of Public Instruction whose 
 duties shall be prescribed by law, and whose term of office shall be‘four 
 years and until the election and qualification of his successor. 
 
 Section 3. The Governor, Secretary of State, Attorney-General, State 
 Treasurer, and State Superintendent of Public Instruction, shall constitute 
 a body corporate, to be known as the State Board of Education*of Florida, 
 of which the Governor shall be President, and the Superintendent of 
 Public Instruction, Secretary. This board shall have power to remove any 
 subordinate school officer for cause, upon notice to the incumbent; and 
 shall have the management and investment of all State School Funds 
 
 31 
 
under such regulations as may be prescribed by law, and such supervision 
 of schools of higher grades as the law shall provide. 
 
 Section 4. The State School Fund, the interest of which shall be ex¬ 
 clusively applied to the support and maintenance of public free schools, 
 shall be derived from the following sources: 
 
 The proceeds of all lands that have been or may hereafter be granted 
 
 to the State by the United States for public school purposes. 
 
 Appropriations by the State. 
 
 Donations to the State when the purpose is not specified. 
 
 The proceeds of escheated property or forfeitures. 
 
 Twenty-five per cent, of the sales of public lands which are now 
 
 or hereafter may be owned by the State. 
 
 Section 5. The principal of the State School Fund shall remain sacred 
 and inviolate. 
 
 Section 6. A special tax of 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 public free 
 schools. 
 
 Section 7. Provision shall be made by law for the distribution of the 
 interest of the State School Fund and the special tax among the several 
 counties of the State in proportion to the number of children residing 
 therein between the ages of six and twenty-one years (Amended, 1894). 
 
 Section 8. Each county shall be required to assess and collect annually 
 for the support of public free schools therein, a tax of not less than three 
 mills or more than -five mills on the dollar of all taxable property in the 
 same. 
 
 Section 9. The County School Fund shall consist, in addition to the tax 
 provided for iri> section eight of this Article, of the proportion of the in¬ 
 terest of the State School Fund and of the one mill State tax apportioned 
 to the county; the net proceeds of all fines collected under the penal laws 
 of the State within the county; all capitalization taxes collected within 
 the county ; and shall be disbursed by the County Board of Public Instruc¬ 
 tion solely for the maintenance and support of public free schools. 
 
 Section 10. The legislature may provide for the division of any county 
 or counties into convenient school districts, and for the election biennially 
 of three school trustees, who shall hold their office for two years, and who 
 shall have the supervision of all the schools within the district; and for 
 the levying and collection of a district school tax, for the exclusive use 
 of public free schools within the district wherever a majority of the quali¬ 
 fied electors thereof that pay a tax on real or personal property shall vote 
 in favor of such a levy, Provided, That any tax authorized by this section 
 shall not exceed three mills on the dollar in any one year on the taxable 
 property of the district. 
 
 Section 11. Any incorporated town or city may constitute a school 
 district. The fund raised by section 10 may be expended in the district 
 where levied for building or repairing school houses, for the purchase of 
 school libraries and text-books, for salaries of teachers or for other edu¬ 
 cational purposes, so that the distribution among all the schools of the 
 district be equitable. 
 
 Section 12. White and colored children shall not be taught in the same 
 school, but impartial provision shall be made for both. 
 
 Section 13. No law shall be enacted authorizing the diversion or the 
 lending of any County or District School Funds, or the appropriation of 
 any part of the permanent or available school fund to any other than school 
 purposes; nor shall the same, or any part thereof, be appropriated to or 
 used for the support of any sectarian school. 
 
 Section 14. The Legislature at its first session shall provide for the 
 
 32 
 
establishment, maintenance and management of such Normal Schools, not 
 to exceed two, as the interests of public education may demand. 
 
 Section 15. The compensation of all county school officers shall be 
 paid from the school fund of their respective counties, and all other county 
 officers receiving stated salaries shall be paid from the general funds of 
 their respective counties. 
 
 Amending Article XII, Section 7, 1894 
 
 Section 7. Provision shall be made by law for the apportionment and 
 distribution of the interest on the State School Fund and all other means 
 provided, including a special tax, for the support and maintenance of 
 public free schools, among the several counties of the State in proportion 
 to the average attendance upon schools in the said counties respectively. 
 
 CONSTITUTION OF GEORGIA—Amended to 1898 
 Article VIII 
 Education 
 Section I 
 
 Paragraph 1 There shall be a thorough system of common schools for 
 the education of children in the elementary branches of an English educa¬ 
 tion only, as nearly uniform as practicable, the expense of which shall be 
 provided for by taxation, or otherwise. The schools shall be free to all 
 children of the State, but separate schools shall be provided for the white 
 and colored races. 
 
 Section II 
 
 Paragraph 1. There shall be a State School Commissioner, appointed by 
 the Governor, and confirmed by the Senate, whose term of office shall be 
 two years, and until his successor is appointed and qualified. His office 
 shall be at the seat of government, and he shall be paid a salary not to 
 exceed two thousand dollars per annum. The General Assembly may sub¬ 
 stitute for the State School Commissioner such officer, or officers, as may 
 be deemed necessary to perfect the system of public education. 
 
 Section III 
 
 Paragraph 1. The poll tax, any educational fund now belonging to the 
 State (except the endowment of, and debt due, to the University of Geor¬ 
 gia ), a special tax on shows and exhibitions, and of the sale of spirituous 
 and malt liquors, which the General Assembly is hereby authorized to 
 assess, and the proceeds of any commutation tax to military service, and 
 all taxes that may be assessed on such domestic animals as, from their 
 nature and habits, are destructive to other property, are hereby set apart 
 and devoted for the support of common schools. 
 
 Section IV 
 
 Paragraph 1. Authority may be granted to counties, upon the recom¬ 
 mendation of two grand juries, and to municipal corporations, upon the 
 recommendation of the corporate authority, to establish and maintain 
 public schools in their respective limits, by local taxation; but no such 
 local laws shall take effect until the same shall have been submitted to a 
 vote of the qualified voters in each county or municipal corporation, and 
 approved by a two-thirds vote of the persons qualified to vote at such 
 election; and the General Assembly may prescribe who shall vote on such 
 question. 
 
 33 
 
Section V 
 
 Paragraph 1. Existing local school systems shall not be affected by this 
 Constitution. Nothing contained in section first of this article shall be 
 construed to deprive schools in this State, not common schools, from par¬ 
 ticipation in the educational fund of the State, as to all pupils therein 
 taught in the elementary branches of an English education. 
 
 Section VI 
 
 Paragraph 1. The Trustees of the University of Georgia may .accept 
 bequests, donations and grants of land, or other property, for the use of 
 said University. In addition to the payment of the annual interest on the 
 debt due by the State to the University, the General Assembly may, from 
 time to time, make donations thereto as the condition of the treasury will 
 authorize. And the General Assembly may also, from time to time, make 
 such appropriations of money as the condition of the treasury will au¬ 
 thorize to any college or university (not exceeding one in number) now 
 established, or hereafter to be established, in this State for the education 
 of persons of color. 
 
 Note: —“The first provision incorporated in any state constitution for 
 the establishment and maintenance of common schools was in Georgia.” 
 Const. 1777, Art. 54 (from annotation to Section 1 of Article 13 of Con¬ 
 stitution of Oklahoma.) 
 
 CONSTITUTION OF IDAHO—Amended to 1912 
 Article IX 
 
 Section 1. The stability of a republican form of government depending 
 mainly upon the intelligence of the people, it shall be the duty of the 
 legislature of Idaho to establish and maintain a general, uniform and 
 thorough system of public free common schools. 
 
 Section 2. The general supervision of the State educational institutions 
 and public school system of the State of Idaho, shall be vested in a State 
 board of education, the membership, powers and duties of which shall be 
 prescribed by law. The State Superintendent of Public Instruction shall be 
 ex-officio member of said board. 
 
 (Adopted November 5, 1912.) 
 
 Section 3. The public school fund of the State shall forever remain 
 inviolate and intact; the interest thereon only shall be expended in the 
 maintenance of the schools of the State, and shall be distributed among the 
 several counties and school districts of the State in such manner as may 
 be prescribed by law. No part of this fund, principal and interest, shall 
 ever be transferred to any other fund or used or appropriated except as 
 herein provided. The State treasurer shall be the custodian of this fund, 
 and the same shall be securely and profitably invested as may be by law 
 directed. The State shall supply all losses thereof that may in any manner 
 occur. 
 
 Section 4. The public school fund of the State shall consist of the 
 proceeds of such lands as have heretofore been granted, or may hereafter 
 be granted to the State by the general government, known as school lands, 
 and those granted in lieu of such lands acquired by gift or grant from any 
 person or corporation under any law or giant of the general government; 
 and of all other grants of land or money made to the State by the general 
 government for general educational purposes, or where no other special 
 purpose is indicated in such grant; all estates or distributive shares of 
 estates that may escheat to the State; all unclaimed shares and dividends 
 of any corporation incorporated under the laws of the State; and all other 
 
 34 
 
grants, gifts, devises or bequests made to the State for general educational 
 purposes. 
 
 Section 5. Neither the legislature, nor any county, city, town, township, 
 school district or other public corporation shall ever make any appropria¬ 
 tion or pay from any public fund or moneys whatever, anything in aid of 
 any church or sectarian or religious society, or for any sectarian or 
 religious purpose, or to help support or sustain any school, academy, 
 seminary, college, university or other literary or scientific institution con¬ 
 trolled by any church, sectarian or religious "denomination whatsoever; nor 
 shall any grant or donation of land, money or other personal property ever 
 be made by the State or any such public corporation to any church or for 
 any sectarian or religious purpose. 
 
 Section 6. No religious test of qualification shall ever be required of 
 any person as a condition of admission into any public educational institu¬ 
 tion of the State, either as a teacher or student; and no teacher or student 
 of any such institution shall ever be required to attend or participate in 
 any religious service whatever. No sectarian or religious tenets or 
 doctrines shall ever be taught in the public schools, nor shall any distinction 
 or classification of pupils be made on account of race or color. No books, 
 papers, tracts or documents of a political, sectarian or denominational 
 character shall be used or introduced in any schools established under the 
 provisions of this Article nor shall any teacher nor any district receive any 
 of the public school moneys in which the schools have not been taught in 
 accordance with the provisions of this article. 
 
 Section 7 (amendment No. 14). The Governor, Superintendent of Public 
 Instruction, Secretary of State, Attorney General and State Auditor shall 
 constitute the State Board of Land Commissioners, who shall have the 
 direction, control and disposition of the public lands of the State, under 
 such regulations as may be prescribed by law. 
 
 (Adopted November 8, 1910.) 
 
 Section 8. It shall be the duty of the State board of land commissioners 
 to provide for the location, protection, sale or rental of all lands hereto¬ 
 fore, or which may hereafter be granted to the State by the general govern¬ 
 ment, under such regulations as may be prescribed by law, and in such man¬ 
 ner as will secure the maximum possible amount therefor: Provided, that 
 no school lands shall be sold for less than ten dollars per acre. No law shall 
 ever be passed by the legislature granting any privileges to persons who 
 may have settled upon any such public lands subsequent to the survey 
 thereof by the general government by which the amount to be derived by 
 the sale or other disposition of such lands shall be diminished, directly or 
 indirectly. The legislature shall, at the earliest practicable period, provide 
 by law that the general grants of land made by Congress to the State shall 
 be judiciously located and carefully preserved and held in trust, subject 
 to disposal at public auction for the use and benefit of the respective objects 
 for which said grants of land were made, and the legislature shall provide 
 for the sale of said lands from time to time and for the sale of timber on 
 all State lands and for the faithful application of the proceeds thereof in 
 accordance with the terms of said grants: Provided, that not to exceed 25 
 sections of school lands shall be sold in any dne year; and to be sold in 
 subdivisions of not to exceed 160 acres to any one individual, company or 
 corporation. 
 
 Section 9. The legislature may require by law that every child of 
 sufficient mental and physical ability shall attend the public school through¬ 
 out the period between the ages of six and eighteen years, for a time equiva¬ 
 lent to three years, unless educated by other means. 
 
 Section 10. The location of the University of Idaho, as established by 
 
 35 
 
existing laws, is hereby confirmed. All the rights, immunities, franchises 
 and endowments heretofore granted thereto by the territory of Idaho are 
 hereby perpetuate unto the said university. The regents shall have the 
 general supervision of the university, and the control and direction of all 
 the funds of, and appropriations to, the university, under such regulations 
 as may be prescribed by law. No university lands shall be sold for less 
 than $10 per acre, and in subdivisions not to exceed 160 acres to any one 
 person, company or corporation. 
 
 Section 11. The permanent educational funds, other than funds arising 
 from the disposition of university lands belonging to the State, shall be 
 loaned on first mortgage on improved farm lands within the State, or on 
 State or United States bonds, under such regulations as the legislature may 
 provide: Provided, that no loan shall be made of any amount of money 
 exceeding one-third of the market value of the lands at the time of the 
 loan, exclusive of buildings. 
 
 CONSTITUTION OF ILLINOIS—Amended to 1870 
 Article VII 
 Education* 
 
 1. The general assembly shall provide a thorough and efficient system of 
 free schools whereby all children of this State, may receive a good com¬ 
 mon school education. 
 
 2. All lands, moneys, or other property, donated, granted or received 
 for school, college, seminary or university purposes, and the proceeds 
 thereof, shall be faithfully applied to the objects for which such gifts or 
 grants were made. 
 
 3. Neither the general assembly nor any county, city, town, township, 
 school district or other public corporation shall ever make any appropria¬ 
 tion or pay from any public fund whatsoever, anything in aid of any church 
 or sectarian purpose, or to help support or sustain any school, academy, 
 seminary, college, university or other literary or scientific institution, con¬ 
 trolled by any church or sectarian denomination whatever; nor shall any 
 grant or donation of land, money or other personal property ever be made 
 by the State or any such public corporation to any church or for any sec¬ 
 tarian purpose. 
 
 4. No teacher, State, county, township or district school officer shall 
 be interested in the sale, proceeds or profits of any books, apparatus or 
 furniture, used or to be used in any school in this State, with which such 
 officer or teacher may be connected, under such penalties as may be provided 
 by the general assembly. 
 
 5. There may be a county superintendent of schools in each county, 
 whose qualifications, powers, duties, compensation and time and manner of 
 election and term of office shall be prescribed by law. 
 
 ♦Section six of the Enabling Act of Congress of April 18, 1818 (3 U. S. 
 Statutes at Large, 428), provided that the section numbered sixteen in every 
 township or its equivalent should be granted to the State for the use of the 
 inhabitants of such township, for the use of schools; a proposition that was 
 accepted by the constitutional convention and gave the State the right to such 
 numbered section of every township. It w r as also provided that three per cent, 
 of the net proceeds of all lands lying within the State sold by Congress after 
 January 1, 1819, should be appropriated by the Legislature of the State for the 
 encouragement of learning, one-sixth of which was to be exclusively bestowed 
 on a college or university. Unfortunately, for the State, the lands disposed of 
 by the United States in satisfaction of military land warrants were held to be 
 excluded from this provision (110 U. S. 471) so that up to 1895, the State 
 had realized from this source for the permanent school fund only about one 
 hundred and fifty thousand dollars. 
 
 36 
 
CONSTITUTION OF INDIANA—Amended to 1851 
 Article VIII 
 
 Education 
 
 Section 1. Knowledge and learning generally diffused throughout a 
 community, being essential to the preservation of a free government, it shall 
 be the duty of the General Assembly to encourage, by all suitable means, 
 moral, intellectual, scientific and agricultural improvement, and to provide 
 by-law for a general and uniform system of common schools wherein tuition 
 shall be without charge, and equally open to all. 
 
 Section 2. The common school fund shall consist of the congressional 
 township fund, and the lands belonging thereto: 
 
 The surplus revenue fund; 
 
 The saline fund, and the lands belonging thereto; 
 
 The bank tax fund, and the fund arising from the one hundred and four¬ 
 teenth section of the charter of the State Bank of Indiana; 
 
 The fund to be derived from the sale of county seminaries, and the moneys 
 and property heretofore held for such seminaries; from the fines assessed 
 for breaches of the penal laws of the State; and from all forfeitures which 
 may accrue; 
 
 All lands and other estate which shall escheat to the State for want of 
 heirs or kindred entitled to the inheritance; 
 
 All lands that have been or may hereafter be granted to the State, where 
 jio special purpose is expressed in the grant, and the proceeds of the sales 
 thereof; including the proceeds of the sales of the Swamp Land granted to 
 the State of Indiana by the act of Congress, of the 28th of September, 1850, 
 after deducting the expense of selecting and draining the same; 
 
 Taxes on property of corporations that may be assessed by the General 
 Assembly for Common School purposes. 
 
 Section 3. The principal of the Common School Fund shall remain a 
 perpetual fund, which may be increased, but shall never be diminished; and 
 the income thereof shall be inviolably appropriated to the support of 
 Common Schools, and to no other purpose whatever. 
 
 Section 4. The General Assembly shall invest, in some safe and profitable 
 manner, all such portions of the Common School Fund as have not hereto¬ 
 fore been entrusted to the several counties; and shall make provision, by 
 law, for the distribution, among the several counties, of the interest thereof. 
 
 Section 5. If any county shall fail to demand its proportion of such 
 interest for Common School purposes, the same shall be reinvested for the 
 benefit of such county. 
 
 Section 6. The several counties shall be held liable for the preservation 
 of so much of the said fund as may be entrusted to them, and for the pay¬ 
 ment of the annual interest thereon. 
 
 Section 7. All trust funds held by the State shall remain inviolate and 
 be faithfully and exclusively applied to the purposes for which the trust 
 was created. 
 
 Section 8. The General Assembly shall provide for the election by the 
 voters of the State, of a State Superintendent of Public Instruction, who 
 shall hold his office for two years, and whose duties and compensation shall 
 be prescribed by law. 
 
 37 
 
CONSTITUTION OF IOWA—Amended to 1904 
 Article IX 
 
 Education and School Lands 
 1st—Education 
 
 Section 1. The educational interests of the State, including Common 
 Schools and other educational institutions, shall be under the management 
 of a Board of Education, which shall consist of the Lieutenant-Governor, 
 who shall be the presiding officer of the Board, and have the casting vote 
 in case of a tie, and one member to be elected from each judicial district 
 in the State. 
 
 Section 2. No person shall be eligible as a member of said Board who 
 shall not have attained the age of twenty-five years, and shall have been 
 one year a citizen of the State. 
 
 Section 3. One member of said Board shall be chosen by the qualified 
 electors of each district, and shall hold the office for the term of four years 
 and until his successor is elected and qualified. After the first election 
 under this Constitution, the Board shall be divided, as nearly as prac¬ 
 ticable, into two equal classes, and the seats of the first class shall be va¬ 
 cated, after the expiration of two years; and one-half of the Board shall be 
 chosen every two years thereafter. 
 
 Section 4. The first session of the Board of Education shall be held at 
 the Seat of Government, on the first Monday of December, after their elec¬ 
 tion : after which the General Assembly may fix the time and place of 
 meeting. 
 
 Section 5. The session of the Board shall be limited to twenty days, 
 and but one session shall be held in any one year, except upon extraordinary 
 occasions, when, upon the recommendation of two-thirds of the Board, 
 the Governor may order a special session. 
 
 Section 6. The Board of Education shall appoint a Secretary who shall 
 be the executive officer of the Board, and perform such duties as may be 
 imposed upon him by the Board, and the laws of the State. They shall 
 keep a journal of their proceedings, which shall be published and dis¬ 
 tributed in the same manner as the journals of the General Assembly. 
 
 Section 7. All rules and regulations made by the Board shall be pub¬ 
 lished and distributed to the several counties, townships, and school dis¬ 
 tricts, as may be provided for by the Board, and when so made, pub¬ 
 lished and distributed, they shall have the force and effect of law. 
 
 Section 8. The Board of Education shall have full power and authority 
 to legislate and make all needful rules and regulations in relation to 
 Common Schools, and other educational institutions, that are instituted, 
 to receive aid from the School or University Fund of this State; but all 
 acts, rules and regulations of said Board may be altered, amended or re¬ 
 pealed by the General Assembly; and when so altered, amended, or re¬ 
 pealed, they shall not be re-enacted by the Board of Education. 
 
 Section 9. The Governor of the State shall be, ex-officio, a member of 
 said Board. * 
 
 Section 10. The Board shall have no power to levy taxes, or make 
 appropriations of money. Their contingent expenses shall be provided fof 
 by the General Assembly. 
 
 Section 11. The State University shall be established at one place with¬ 
 out branches at any other place, and the University Fund shall be applied 
 to that institution and no other. 
 
 Section 12. The Board of Education shall provide for the education of 
 all the youths of the State, through a system of common schools, and such 
 
 3S 
 
schools shall be organized and kept in each school district at least three 
 months in each year. Any district failing, for two consecutive years, to 
 organize and keep up a school, as aforesaid, may be deprived of their 
 portion of the school fund. 
 
 Section 13. The members of the Board of Education shall each receive 
 the same per diem during the time of their session, and mileage going to 
 and returning therefrom, as members of the General Assembly. 
 
 Section 14. A majority of the Board shall constitute a quorum for the 
 transaction of business; but no rule, regulation, or law for the govern¬ 
 ment of common schools or other educational institutions shall pass with¬ 
 out the concurrence of a majority of all the members of the Board, which 
 shall be expressed by the yeas and nays on the final passage. The style 
 of all acts of the Board shall be, “Be it enacted by the Board of Education 
 of the State of Iowa.” 
 
 Section 15. At any time after the year one thousand eight hundred and sixty- 
 three, the General Assembly shall have power to abolish or reorganize said 
 Board of Education, and provide for the educational interest of the State 
 in any other manner that to them shall seem best and proper. 
 
 2d—School Funds and School Lands 
 
 Section 1. The educational and school funds and lands shall be under 
 the control and management of the General Assembly of this State. 
 
 Section 2. The University lands, and the proceeds thereof, and all 
 moneys belonging to said fund shall be a permanent fund for the use 
 of the State University. The interest arising from the same shall be 
 annually appropriated for the support and benefit of said University. 
 
 Section 3. The General Assembly shall encourage, by all suitable means, 
 the promotion of intellectual, scientific, moral and agricultural improve¬ 
 ment. The proceeds of all lands that have been, or hereafter may be, 
 granted by the United States to this State, for the support of schools, 
 which may have been, or shall hereafter be sold, or disposed of, and the 
 five hundred thousand acres of land granted to the new States, under 
 an act of Congress, distributing the proceeds of the public lands among the 
 several States of the Union, approved in the year of our Lord one thousand 
 eight hundred and forty-one. and all estates of deceased persons who may 
 have died without leaving a will or heir, and also such per cent, as has 
 been or may hereafter be granted by Congress, on the sale of lands in 
 this State, shall be, and remain a perpetual fund, the interest of which, 
 together with all rents of the unsold lands, and such other means as the 
 General Assembly may provide, shall be inviolably appropriated to the 
 support of common schools throughout the State. 
 
 Section 4. The money which may have been or shall be paid by the 
 persons as an equivalent from exemption from military duty, and the 
 clear proceeds of all fines collected in the several qounties for any breach 
 of the penal laws, shall be exclusively applied, in the several counties 
 in which such money is paid, or fine collected, among the several school 
 districts of said counties, in proportion to the number of youths subject 
 to enumeration in slich districts, to the support of common schools, or 
 the establishment of libraries, as the Board of Education shall from time 
 to time provide. 
 
 Section 5. The General Assembly shall take measures for the protec¬ 
 tion, improvement, or other disposition of such lands as have been, or 
 may hereafter be reserved, or granted by the United States, or any person 
 or persons, to this State, for the use of the University, and the funds 
 accruing from the rents or sale of such lands, or from any other source 
 for the purpose aforesaid, shall be, and remain, a permanent fund, the 
 interest of which shall be applied to the support of said University, for 
 
the promotion of literature, the arts and sciences, as may be authorized 
 by the terms of such grants. And it shall be the duty of the General Assembly 
 as soon as may be, to provide effectual means for the improvement and 
 permanent security of the funds of said University. 
 
 Section 6. The financial agents of the school funds shall be the same, 
 that by law, receive and control the State and county revenue, for other 
 civil purposes, under such regulations as may be provided by law. 
 
 Section 7. The money subject to the support and maintenance of com¬ 
 mon schools shall be distributed to the districts in proportion to the num¬ 
 ber of youths, between the ages of five and twenty-one years, in such 
 manner as may be provided by the General Assembly. 
 
 CONSTITUTION OF KANSAS—Amended to 1904 
 Article 6 
 Education 
 
 Section 1. The State Superintendent of Public Instruction shall have 
 the general supervision of the common school funds and educational 
 interests of the State, and perform such other duties as may be prescribed 
 by law. A Superintendent of Public Instruction shall be elected in each 
 county, whose term of office shall be two years, and whose duties and 
 compensation shall be prescribed by law. 
 
 Section 2. The legislature shall encourage the promotion of intellectual, 
 moral, scientific and agricultural improvement, by establishing a uniform 
 system of common schools, and schools of a higher grade, embracing nor¬ 
 mal, preparatory, collegiate and university departments. 
 
 Section 3. The proceeds of all lands that have been or may be granted 
 by the United States to the State for the support of schools and the five 
 hundred thousand acres of land granted to the new States under an act 
 of Congress distributing the proceeds of public lands among the several 
 States of the Union, approved September 4, A. D., 1841, and all estates 
 of persons dying without heir or will, and such per cent, as may be 
 granted by Congress on the sale of lands in this State, shall be the com¬ 
 mon property of the State, and shall be a perpetual school fund, which 
 shall not be diminished, but the interest of which, together with all the 
 rents of lands, and such other means as the legislature may provide, by 
 tax or otherwise, shall be inviolably appropriated to the support of 
 common schools. 
 
 Section 4. The income of the State school funds shall be disbursed an¬ 
 nually, by order of the State Superintendent, to the several county treas¬ 
 urers, and thence to the treasurers of the several school districts, in 
 equitable proportion to the number of children and youth resident there¬ 
 in, between the ages of five and twenty-one years; provided, that no school 
 district, in which a common school has not been maintained at least three 
 months in each year, shall be entitled to receive any portion of such 
 funds. 
 
 Section 5. The school-lands shall not be sold, unless such sales shall 
 be authorized by a vote of the people at a general election; but, subject 
 to revaluation every five years, they may be leased for any number of 
 years, not exceeding twenty-five, at a rate established by law. 
 
 Section 6. All money which shall be paid by persons as an equivalent 
 for exemption from military duty; the clear proceeds of estrays, ownership 
 of which shall vest in the taker-up; and the proceeds of fines for any breach 
 of the penal laws, shall be exclusively applied in the several counties in 
 which the money is paid or fines collected, to the support of common 
 schools. 
 
 40 
 
Section 7. Provision shall be made by law for the establishment, at 
 some eligible and central point, of a State University, for the promotion 
 of literature, and the arts and sciences, including a normal and an agri¬ 
 cultural department. All funds arising from the sale or rents of lands 
 granted by the United States to the State for the support of a State 
 University, and all other grants, donations or bequests, either by the State 
 or individuals, for such purpose, shall remain a perpetual fund, to be 
 called the “University Fund,” the interest of which shall be appropriated 
 1 to the support of the State University. 
 
 Section 8. No religious sect or sects shall ever control any part of 
 the common-school or university funds of the State. 
 
 Section 9. The State Superintendent of Public Instruction, Secretary 
 of State and Attorney-General shall constitute a board of commissioners, 
 for the management and investment of the school funds. Any two of said 
 commissioners shall be a quorum. 
 
 CONSTITUTION OF KENTUCKY—Amended to 1890 
 Education 
 
 Section 183. The General Assembly shall, by appropriate legislation, 
 provide for an efficient system of common schools throughout the State. 
 
 Section 184. The bond of the Commonwealth issued in favor of the 
 Board of Education for the sum of $1,327,000 shall constitute one bond 
 of the Commonwealth in favor of the Board of Education, and this bond 
 and the $73,500 of the stock in the Bank of Kentucky, held by the Board of 
 Education, and its proceeds, shall be held inviolate for the purpose of 
 sustaining the system of common schools. The interest and dividends of 
 said fund, together with any sum which may be produced by taxation or 
 otherwise for the purposes of common school education, shall be appropri¬ 
 ated to the common schools, and to no other purpose. No sum shall be 
 raised or collected for education other than in common schools until the 
 question of taxation is submitted to the legal voters, and the majority of 
 votes cast at said election shall be in favor of taxation; Provided, That 
 the tax now imposed for educational purposes and for the endowment and 
 maintenance of the Agricultural and Mechanical College shall remain until 
 changed by law. 
 
 Section 185. The General Assembly shall make provision by law for 
 the payment of the interest of said school fund, and may provide for the 
 sale of the stock in the Bank of Kentucky; and in case of a sale of all or 
 any part of said stock, the proceeds of sale shall be invested by the Sinking 
 Fund Commissioners in other good interest bearing stocks or bonds, which 
 shall be> subject to sale and reinvestment from time to time in like manner, 
 and with the same restrictions, as provided with reference to the sale of 
 the said stock in the Bank of Kentucky. 
 
 Section 186. Each county in the Commonwealth shall be entitled to 
 its proportion of the school fund on its census of pupil children for each 
 school year; and if the pro rata share of any school district be not called 
 for after the second school year, it shall be covered into the treasury and 
 be placed to the credit of the school fund for general apportionment the 
 following school year. The surplus now due the several counties shall 
 remain a perpetual obligation against the Commonwealth for the benefit 
 of said respective counties, for which the Commonwealth shall execute its 
 bond, bearing interest at the rate of six per centum per annum, payable 
 annually to the counties respectively entitled to the same, and in the 
 proportion to which they are entitled, to be used exclusively in aid of 
 common schools. 
 
 41 
 
Section 187. In distributing the school fund no distinction shall be 
 made on account of race or color, and separate schools for white and col¬ 
 ored children shall be maintained. 
 
 Section 188. So much of anj T moneys as may be received by the Com¬ 
 monwealth from the United States under the recent act of Congress refund¬ 
 ing the direct tax shall become a part of the school fund, and be held as 
 provided in section 184; but the General Assembly may authorize the use 
 by the Commonwealth of the moneys so received or any part thereof, in 
 which event a bond shall be executed to the Board of Education for the 
 amount so used, which bond shall be held on the same terms and condi¬ 
 tions and subject to the provisions of Sec. 184, concerning the bond therein 
 referred to. 
 
 Section 189. No portion of the fund or tax now existing, or that may 
 hereafter be raised or levied for educational purposes, shall be appropriated 
 to or used by, or in aid of, any church, sectarian or denominational school. 
 
 CONSTITUTION OF LOUISIANA—1914 
 Public Education 
 
 Article 248. There shall be free colored schools for the white and 
 colored races separately established by the General Assembly throughout 
 the State for the education of all the children of the State between the 
 ages of 6 and 18 years; provided that where kindergarten schools exist, 
 children between the ages of four and six may be admitted into the said 
 schools. All funds raised by the State for the support of public schools, 
 except poll taxes, shall be distributed to each parish in proportion to the 
 number of children therein between the ages of 6 and 18 years. The 
 General Assembly shall provide for the enumeration of edueable children. 
 
 Article 249. There shall be elected by the qualified electors of the State 
 a Superintendent of Public Education, who shall hold his office for the 
 term of four years, and until his successor is qualified. His duties shall 
 be prescribed by law, and he shall receive an annual salary of $5,000, pay¬ 
 able monthly on his warrant. 
 
 Article 250. The General Assembly shall provide for the creation of a 
 State Board and Parish Boards of Public Education. The Parish Boards 
 shall elect a Parish Superintendent of Public Education for their respective 
 parishes, whose qualifications shall be fixed by the Legislature and who 
 shall be ex-officio secretary of the Parish Board. The salary of the Parish 
 Superintendent shall be provided for by the General Assembly, to be paid 
 out of the public school funds accruing to the respective parishes. 
 
 Article 251. The general exercises in the public schools shall be con¬ 
 ducted in .the English language; provided that the French language may 
 be taught in those parishes or localities where the French language pre¬ 
 dominates, if no additional expense is incurred thereby. 
 
 Article 252. The funds derived from the collection of the poll tax shall 
 be applied exclusively to the maintenance of the public schools as organ¬ 
 ized under this Constitution and shall be applied exclusively to the sup¬ 
 port of the public schools in the parish in which the same shall be col¬ 
 lected, and shall be accounted for and paid by the collecting officer directly 
 to the treasurer of the local school board. 
 
 Article 253. No funds raised for the support of the public schools of 
 the State shall be appropriated to or used for the support of any private 
 or sectarian schools. 
 
 Article 254. The school funds of the State shall consist of: 
 
 First. Not less than ono and one-quarter mills of the taxes levied and 
 collected by the State. 
 
 42 
 
Second. The proceeds of taxation for school purposes as provided by 
 this constitution. 
 
 Third. The interest on the proceeds of all public lands heretofore 
 granted by the United States for the support of the public schools and 
 the revenue derived from such lands as may still remain unsold. 
 
 Fourth. Of lands and other property heretofore or hereafter bequeathed, 
 granted or donated to the State for school purposes. 
 
 Fifth. All funds and property, other than unimproved lands, bequeathed 
 or granted to the State, not designated for any other purpose. 
 
 Sixth. The proceeds of vacant estates falling under the law to the State 
 of Louisiana. 
 
 Article 255. The legislature may appropriate to’ the same funds the 
 proceeds of public lands not designated for any other purpose, and shall 
 provide that every parish may levy a tax for the public schools therein, 
 which shall not exceed the entire State tax; provided that with such a 
 tax the whole amount of parish taxes shall not exceed the limits of parish 
 taxation fixed by this constitution. 
 
 The City of New Orleans shall make such appropriation for the support, 
 maintenance and repair of the public schools of said city as it may deem 
 proper, but not less than eight-tenths of one mill for any one year; and 
 said schools shall also continue to receive from the Board of Liquidation 
 of the city debt the amounts to which they are now entitled under the con¬ 
 stitutional amendment adopted in the year 1892. 
 
 The police juries of the several parishes and boards of trustees and 
 municipal councils of incorporated cities and towns (the Parish of Orleans 
 excepted) shall levy, collect and turn over to the parish school boards of 
 their respective parishes for the support of the public schools of their 
 respective parishes, cities or towns, the proceeds of at least three mills of 
 the annual tax which they are empowered to levy on each dollar of the 
 assessed valuation of the property thereof. Provided that cities and 
 towns that are not exempted by the terms of their charters from the pay¬ 
 ment of parish taxes and which are subjected to the similar burdens of 
 taxation as are the parishes, shall not pay this tax, as same is included in 
 the taxes imposed by the parish in which the town is situated, unless the 
 parish boards of school directors of that parish certify that the needs 
 of the school can be met by a smaller levy of such taxes. 
 
 Article 256. The Louisiana State University and Agricultural and 
 Mechanical College, founded upon the land grants of the United States to 
 endow a seminary of learning and a college for the benefit of agriculture 
 and mechanical arts, now established and located in the City of Baton 
 Rouge is hereby recognized; and all revenues derived and to be derived 
 from the Seminary Fund, the Agricultural and Mechanical College Fund 
 and other funds or lands donated or to be donated by the United States 
 to the State of Louisiana for the use of a seminary of learning or a col¬ 
 lege for the benefit of agriculture or the mechanic arts, shall be appropri¬ 
 ated exclusively to the maintenance and support of said Louisiana State 
 University and Agricultural and Mechanical College; and the General 
 Assembly shall make such additional appropriations as may be necessary 
 for its maintenance and support and improvement, and for the establish¬ 
 ment in connection with said institution of such additional scientific or 
 literary departments as the public necessities and the well-being of the 
 people of Louisiana may require. 
 
 Tne Tulane University of Louisiana, located in New Orleans, is hereby 
 recognized as created and to be developed in accordance with the provi¬ 
 sions of legislative act No. 43, approved July 5, 1884, and by approval of 
 the electors made part of the constitution of the State. 
 
 Article 257. The Louisiana State Normal School, established and 
 
 43 
 
located at Natchitoches; the Louisiana Industrial Institute, established and 
 located at Lafayette; and the Southern University for the education of 
 persons of color are hereby recognized; and the General Assembly is 
 directed to make such appropriations from time to time as may be neces¬ 
 sary for the maintenance, support and improvement of these institutions; 
 provided that the appropriation for the maintenance and support of the 
 Southern University shall not exceed $10,000 per annum. 
 
 Article 258. The debt due by the State to the Free School Fund, 
 declared by the constitutions of 1879 and 1898 to be the sum of $1,130,- 
 867.51 in principal, shall be kept on the books of the auditor and treasurer 
 to the credit of the several townships entitled to the same; the said 
 principal being the proceeds of the sales of lands heretofore granted by 
 the United States for the use and support of free public schools, which 
 amount 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 four 
 per cent., and that said interest shall be paid to the several townships in 
 the State entitled to the same in accordance with the Act ©f Congress, 
 No. 68, approved February 15, 1843. 
 
 Article 259. The debt due by the State to the Seminary Fund is hereby 
 declared to be $136,000, being the proceeds of the sale of lands heretofore 
 granted by the United States to this State for the use of a seminary of 
 learning, and said amount shall be kept to the credit of said fund on the 
 books of the auditor and treasurer of the State as a perpetual loan, and 
 the State shall pay an annual interest of four per cent, on said amount. 
 
 Article 260. The debt due by the State to the Agricultural and Mechan¬ 
 ical College Fund is hereby declared to be the sum of $182,313.03, being 
 the proceeds of the sale of lands and land scrip heretofore by the United 
 States to this State for the use of a college for the benefit of agricultural 
 and mechanical arts; and said amount shall be kept to the credit of said 
 fund on the books of the auditor and treasurer of the State as a perpetual 
 loan and the State shall pay an annual interest of five per cent, on said 
 amount. 
 
 Article 261. All pupils in the primary grades in the public schools 
 throughout the Parish of Orleans, unable to provide themselves with the 
 requisite books, an affidavit to that effect having been made by one of 
 the parents of such pupils, or if such parents be dead, then by the tutor or 
 other person in charge of such pupils, shall be furnished with the neces¬ 
 sary books free of expense, to be paid for out of the school fund of said 
 parish; and the School Board of the Parish of Orleans is hereby directed 
 to appropriate annually not less than $2,000 for the purpose named, pro¬ 
 vided such amount be needed. 
 
 Article 227. The taxing power shall be exercised only to carry on and 
 maintain the government of the State and the public institutions thereof, 
 to educate the children of the State, to preserve the public health, to pay 
 the principal and interest of the public debt, to suppress insurrection, to 
 repel invasion or defend the State in time of war, to provide pensions for 
 indigent Confederate soldiers and sailors and their widows, to establish 
 markers or monuments upon the battlefields of the country commemorative 
 of the services of Louisiana soldiers on such fields, to maintain a memorial 
 hall in New Orleans for the collection and preservation of relics and 
 memorials of the late Civil War, and for levee purposes, as hereinafter 
 provided. 
 
 Amendment, 1914—Act No. 57 
 
 Section 1. Be it resolved by the General Assembly of the State of 
 Louisiana, two-thirds of all members elected to each House concurring, 
 that the legislature may appropriate to the same funds the proceeds of 
 
 44 
 
public lands not designated or set apart for any other purpose, and shall 
 provide that each parish may levy a tax for public schools therein which 
 shall not exceed the entire State tax; provided that with such tax the 
 whole amount of parish taxes shall not exceed the limits of parish taxa¬ 
 tion fixed by this constitution. 
 
 The City of New Orleans shall make such appropriation for the support, 
 maintenance and repair of the public schools of said city as it may deem 
 proper, but not less than eight-tenths of one mill for any one year; and 
 said schools shall also continue to receive from the Board of Liquidation 
 of the city debt the amounts to which they are now entitled under the 
 constitution amendment adopted in the year 1892. 
 
 The police juries of the several parishes and boards of trustees and 
 municipal councils of incorporated cities and towns (the Parish of Orleans 
 excepted) shall levy, collect and turn over to the Parish School Boards 
 of their respective parishes, cities or towns, the proceeds of at least three 
 mills of the annual tax which they are empowered to levy on each dollar 
 of the assessed valuation of the property thereof; provided that cities 
 and towns that are not exempted by the terms of their charters from the 
 payment of parish taxes and which are subjected to the similar burdens 
 of taxation as are the parishes shall not pay this tax, as same is included 
 in the taxes imposed by the parish in which the town is situated, unless 
 the parish boards of school directors of that parish certify that the needs 
 of the schools can be met by a smaller levy of such taxes. 
 
 Provided that this shall not apply to cities that under legislative au¬ 
 thority now conduct, maintain and support public schools, open and free 
 to the youth of the parish in which said city is located, and levy, collect 
 and expend annually for the conduct, maintenance and support of said 
 schools the proceeds of at least three mills of the annual tax which 
 they are empowered to levy on each dollar of the assessed valuation of 
 property; and such cities shall not pay and turn over to the parish 
 school board the proceeds of at least three mills of the annual tax, or any 
 part thereof as herein provided, and shall be exempted from the same 
 so long as such cities continue to conduct, maintain and support free 
 schools as herein provided, under the supervision and control of the State 
 Board of Education and independent parochial school authorities; pro¬ 
 vided further that such city shall not be eligible to vote at the elections 
 for such directors for the parish in which such city is situated. 
 
 Section 2. Be it further resolved, That at the congressional election 
 to be held in this State on the first Tuesday following the first Monday 
 in November, 1914, the foregoing amendment to the Constitution of this 
 State shall be submitted to the electors of this State; that on the official 
 ballot to be used in said election shall be placed the words, “for the pro¬ 
 posed amendment to Article 255 of the Constitution,” and every elector 
 shall indicate his vote on the proposed amendment as provided by the 
 general election laws of this State. 
 
 CONSTITUTION OF MAINE—Amended to 1913 
 Article VIII 
 Literature 
 
 A general diffusion of the advantages of education being essential to 
 the preservation of the rights and liberties of the people; to promote this 
 important subject the Legislature are authorized, and it shall be their duty 
 to require the several towns to make suitable provision, at their own expense, 
 for the support and maintenance of public schools; and it shall further be 
 
 45 
 
the duty to encourage and suitably endow from time to time, as the 
 circumstances of the people may authorize, all academies, colleges and 
 seminaries of learning within the State; provided that no donation, grant 
 or endowment shall at any time be made by the Legislature to any literary 
 institution now established or which may hereafter be established, unless 
 at the time of making such endowment, the Legislature of the State shall 
 have the right to grant any further powers to alter, limit or restrain 
 any of the powers vested in any such literary institution as shall be 
 judged necessary to promote the best interests thereof. 
 
 CONSTITUTION OF MARYLAND—In force 1911 
 Article VIII 
 Education 
 
 Section 1. The General Assembly, at its first session after the adoption 
 of this Constitution, shall, by law, establish throughout the State a 
 thorough and efficient system of free Public Schols; and shall provide, 
 by taxation or otherwise, for their maintenance. 
 
 Section 2. The system of Public Schools as now constituted shall re¬ 
 main in force until the end of the said first session of the General Assembly 
 and shall then expire, except so far as adopted or continued by the General 
 Assembly. 
 
 Section 3. The School Fund of the State shall be kept inviolate and 
 appropriated to the purposes of education. 
 
 CONSTITUTION OF MASSACHUSETTS—1915 
 Article V 
 
 The Encouragement of Literature 
 
 Section 2. Wisdom and knowledge, as well as virtue, diffused generally 
 among the body of the people, being necessary for the preservation of 
 their rights and liberties; and as these depend on spreading the oppor¬ 
 tunities and advantages of education in different parts of the country, 
 and among the different orders of the people, it shall be the duty of 
 Legislatures and Magistrates, in all future periods of this Commonwealth, 
 to cherish the interests of literature and the sciences, and all seminaries 
 of them: especially the University of Cambridge, public schools and gram¬ 
 mar schools in the towns, to encourage private societies and public in¬ 
 stitutions, rewards and immunities, for the promotion of agriculture, arts, 
 sciences, commerce, trades, manufactures and a natural history of the 
 country; to countenance and inculcate the principles of humanity and 
 general benevolence, public and private charity, industry and frugality, 
 honesty and punctuality in their dealings; sincerity, good humor and all 
 social affections and generous sentiments among the people. 
 
 Articles of Amendment 
 
 Article XVIII. All moneys raised by taxation in the towns and cities 
 for the support of public schools, and all moneys which may be appro¬ 
 priated by the State for the support of common schools, shall be applied 
 to and expended in no other schools than those which are conducted ac¬ 
 cording to law. under the order and superintendence of the authorities of 
 the town or city in which the money is to be expended; and such moneys 
 shall never be appropriated to any religious sect for the maintenance, 
 exclusively, of its own school. 
 
 46 
 
MICHIGAN CONSTITUTION—1914 
 Article XI 
 Education 
 
 Section 1. Religion, morality and knowledge being necessary to good 
 government and the happiness of mankind, schools and the means of 
 education shall forever be encouraged. 
 
 Section 2. A superintendent of public instruction shall be elected at 
 the regular election to be held on the first Monday in April, 1909, and 
 every second year thereafter. He shall hold office for a period of two 
 years from the first date of July following his election and until his 
 successor is elected and qualified. He shall have general supervision of 
 public instruction in the State. He shall be a member and secretary of 
 the State board of education. He shall be ex-officio a member of all 
 other boards having control of public instruction in any State institution, 
 with the right to speak but not to vote. His duties and compensation 
 shall be prescribed by law. 
 
 Section 3. There shall be a board of regents of the university consisting 
 of eight members, who shall hold office for eight years. There shall be 
 elected at each regular biennial spring election two members of such 
 board. When a vacancy shall occur in the office of regent it shall be 
 filled by appointment of the Governor. 
 
 Section 4. The regents of the university and their successors in office 
 shall continue to constitute the body corporate known as “The Regents 
 of the University of Michigan.” 
 
 Section 5. The regents of the university shall, as often as necessary, 
 elect a president of the university. The president of the university and 
 the superintendent of public instruction shall be ex-officio members of the 
 board of regents, with the privilege of speaking but not of voting. The 
 president shall preside at the meetings of the board and be the principal 
 executive officer of the university. The board of regents shall have the 
 general supervision of the university and the direction and control of all 
 expenditures from the university funds. 
 
 Section 6. The State board of education shall consist of four members. 
 On the first Monday in April, 1909, and at each succeeding biennial spring 
 election, there shall be elected one member of such board who shall hold 
 office for six years from the first day of July following his election. The 
 State board of education shall have general supervision of the State nor¬ 
 mal college and the State normal schools, and the duties of said board shall 
 be prescribed by law. 
 
 Section 7. There shall be elected on the first Monday in April, 1909, 
 a State board of agriculture to consist of six members, two of whom shall 
 hold the office for two years, two for four years, and two for six years. 
 At every regular biennial spring election thereafter, there shall be elected 
 two members whose term of office shall be six years. The members thus 
 elected and their successors in office shall be a body corporate to be known 
 as “The State Board of Agriculture.” 
 
 Section 8. The State board of agriculture shall, as often as necessary, 
 eleot a president of the Agricultural college, who shall be ex-officio a mem¬ 
 ber of the board with the privilege of speaking but not of voting. He 
 shall preside at the meetings of the board and be the principal executive 
 officer of the college. The board shall have the general supervision of the 
 college, and the direction and control of all agricultural college funds; 
 and shall perform such other duties as may be prescribed by law. 
 
 Section 9. The Legislature shall continue a system of primary schools, 
 whereby every school district in the State shall provide for the education 
 
 47 
 
of its pupils without charge for tuition; and all instruction in such 
 schools shall be conducted in the English language. If any school district 
 shall neglect to maintain a school within its borders as prescribed by law 
 for at least five months in each year, or to provide for the education of its 
 pupils in another district or districts for an equal period, it shall be de¬ 
 prived for the ensuing year of its proportion of the primary school interest 
 fund. If any school district shall, on the second Monday in July of any 
 year, have on hand a sufficient amount of money in the primary school 
 interest fund to pay its teachers for the next ensuing two years as deter¬ 
 mined from the pay roll of said district for the last school year, and in 
 case of a primary" district, all tuition for the next ensuing two years, 
 based upon the then enrollment in the seventh and eighth grades in said 
 school district, the children in said district shall not be counted in making 
 the next apportionment of primary school money by the superintendent of 
 public instruction; nor shall such children be counted in making such ap¬ 
 portionment until the amount of money in the primary school interest 
 fund in said district shall be insufficient to pay teachers’ wages or tuition 
 as herein set forth for the next ensuing two years. 
 
 Section. 10. The Legislature shall maintain the university, the college 
 of mines, {he State agricultural college, the State normal college and such 
 State normal schools and other educational institutions as may be estab¬ 
 lished by law. 
 
 Section 11. The proceeds from the sales of all lands that have been or 
 hereafter may be granted by the United States to the State for educational 
 purposes and the proceeds of all lands or other property given by indi¬ 
 viduals or appropriated by the State for like purposes shall be and remain 
 a perpetual fund, the interest and income of which, together with the rents 
 of all such lands as may remain unsold, shall be inviolably appropriated 
 and annually applied to the specific objects of the original gift, grant or 
 appropriation. 
 
 Section 12. All lands, the titles to which shall fail from a defect of 
 heirs, shall escheat to the State, and the interest on the clear proceeds 
 from the sales thereof shall be appropriated exclusively to the support 
 of the primary schools. 
 
 Section 13. The Legislature shall appropriate all salt spring lands now 
 unappropriated, or the money arising from the sale of same, where such 
 lands have already been sold, and any funds or lands which may hereafter 
 be granted or appropriated for such purpose, for the support and main¬ 
 tenance of the agricultural college. 
 
 Section 14. The legislature shall provide by law for the establishment 
 of at least one library in each township and city; and all fines assessed 
 and collected in the several counties, cities and townships for any breach of 
 the penal laws shall be exclusively applied to the support of such libraries. 
 
 Section 15. Institutions for the benefit of those inhabitants who are 
 deaf, dumb, blind, feeble-minded or insane shall always be fostered and 
 supported. 
 
 MINNESOTA CONSTITUTION 
 Article VIII 
 
 School Funds, Education and Science 
 
 Section 1. The stability of a republican form of government depending 
 mainly upon the intelligence of the people, it shall be the duty of the 
 legislature to establish a general and uniform system of public schools. 
 
 Section 2. The proceeds of such lands as are or hereafter may be granted 
 by the United States for the use of schools within each township of this 
 
 48 
 
V 
 
 State shall remain a perpetual school fund to the State; and not more 
 than one-third of said lands may be sold in two years, one-third in five 
 years and one-third in ten years; but the lands of the greatest valuation 
 shall be sold first; provided, that no portion of said lands shall be sold 
 otherwise than at public sale. The principal of all funds arising from 
 sales or other disposition of lands or other property, granted or entrusted 
 to this State in each township for educational purposes, shall forever be 
 preserved inviolate and undiminished; 'and the income arising from the 
 lease or sale of said school land shall be distributed to the different town¬ 
 ships throughout the State, in proportion to the number of scholars in each 
 township, between the ages of 5 and 21 years; and shall be faithfully ap¬ 
 plied to the specific objects of the original grants or appropriations. 
 
 (Suitable laws shall be enacted by the legislature for the safe investment 
 of the principal of all funds which have heretofore arisen or which may 
 hereafter arise from the sale or other disposition of such lands, or the in¬ 
 come of such lands accruing in any way before the sale or disposition 
 thereof, in interest-bearing bonds of the United States, or of the State of 
 Minnesota, issued after the year 1860, or of such other State as the legisla¬ 
 ture may, by law, from time to time direct.—Adopted November 5, 1875.) 
 
 All swamp land now held by the State, or that hereafter may accrue to 
 the State, shall be appraised, and sold in the same manner and by the same 
 officers, and the minimum price shall be the same less one-third, as is pro¬ 
 vided by law for the appraisement and sale of the school lands under the 
 provisions of title one of chapter 38 of the General Statutes. The prin¬ 
 cipal of all funds derived from sales of swamp lands, as aforesaid, shall 
 forever be preserved inviolate and undiminished. One-half of the proceeds 
 of said principal shall be appropriated to the common school fund of the 
 State. The remaining one-half shall be appropriated to the educational 
 and charitable institutions of the State in relative ratio of cost to support 
 of said institutions. (Adopted November 8, 1881.) 
 
 Section 3. The legislature shall make such provisions, by taxation or 
 otherwise, as, with the income arising from the school fund, will secure a 
 thorough and efficient system of public schools in each township in the 
 State. 
 
 (But in no case shall the moneys derived as aforesaid, or any portion 
 thereof, or any public moneys or property, be appropriated or used for the 
 support of schools wherein the distinctive doctrines, creeds or tenets of 
 any particular Christian or other religious sect are promulgated or taught. 
 —Adopted November 6, 1877.) 
 
 Section 4. The location of the University of Minnesota, as established 
 by existing laws, is hereby confirmed, and said institution is hereby de¬ 
 clared to be the University of the State of Minnesota. All the rights, 
 immunities, franchises and endowments heretofore granted or conferred 
 are hereby perpetuated unto the said university; and all lands which may 
 be granted hereafter by Congress, or other donations for said university- 
 purposes, shall vest in the institution referred to in this section. 
 
 Section 5. The permanent school funds of the State may be loaned upon 
 interest at the rate of 5 per cent, per annum to the several counties or 
 school districts of the State, to be used in the erection of county or school 
 buildings. No such loan shall be made until approved by a board consist¬ 
 ing of the governor, the State auditor and the State treasurer, who are 
 hereby constituted an investment board for the purpose of the loans thereby 
 authorized; nor shall any such loan be for any amount exceeding 3 per 
 cent, of the last preceding assessed valuation of the real estate of the 
 county or school district receiving the same. The State auditor shall an¬ 
 nually, at the time of certifying the State tax to the several county 
 auditors, also certify to each auditor to whose county, or to any of the 
 
 49 
 
school districts of whose county any such loan shall have been made, the 
 tax necessary to be levied to meet the accruing interest or principal of any 
 such loan, and it shall be the duty of every such county auditor forthwith 
 to levy and extend such tax upon all taxable property of his county, or 
 of the several school districts, respectively, liable for such loans—as the 
 case may be—and in all such cases the tax so assessed shall be 50 per 
 cent, in excess of the amount actually necessary to be raised on account of 
 such accruing principal or interest. It shall be levied, collected and paid 
 into the county and State treasuries in the same manner as State taxes, 
 and any excess collected over the amount of such principal or interest 
 accruing in any given year shall be credited to the general funds of the 
 respective counties or school districts. No change of the boundaries of any 
 school district after the making of any such loan shall operate to withdraw 
 any property from the taxation herein provided for; nor shall any law be 
 passed extending the time of payment of any such principal or interest, or 
 reducing the rate of such interest, or in any manner waiving or impair¬ 
 ing any rights of the State in connection with any such loan. Suitable 
 laws, not inconsistent with this amendment, may be passed by the legisla¬ 
 ture for the purpose of carrying the same into effect.—Adopted November 
 2, 1886. Chapter 193, G. L. of 1887, made the necessary provisions for 
 giving effect to this section. 
 
 Section 6. The permanent school and university fund of this State may 
 be invested in the bonds of any county, school district, city, town or village 
 of this State, but no such investment shall be made until approved by the 
 board of commissioners designated by law to regulate the investment of 
 the permanent school fund and the permanent university fund of this 
 State: nor shall such loan or investment be made when the bonds to be 
 issued or purchased would make the entire bonded indebtedness exceed 
 15 per cent, of the assessed valuation of the taxable real property of the 
 county, school district, city, town or village issuing the bonds; nor shall 
 such loans or indebtedness be made at a lower rate of interest than 3 per 
 cent, per annum, nor for a shorter period than five years, nor for a longer 
 period than twenty years, and no change of the town, school district, city, 
 village or of county lines shall relieve the real property in such town, 
 school district, county, village or city in this State at the time of the 
 issuing of such bonds from any liability for taxation to pay such bonds. 
 
 MISSISSIPPI—Constitution, 1890 
 Article VIII 
 Education 
 
 Section 201. It shall be the duty of the legislature to encourage by all 
 suitable means, the promotion of intellectual, scientific, moral and agricul¬ 
 tural improvement, by establishing a uniform system of free public schools, 
 by taxation, or otherwise, for all children between the ages of 5 and 21 
 years, and, as soon as practicable, to establish schools of higher grade. 
 
 Section 202. There shall be a superintendent of public education elected 
 at the same time and in the same manner as the governor, who shall have 
 the qualifications required of the secretary of state, and hold his office for 
 four years and until his successor shall be elected and qualified, who shall 
 have the general supervision of the common schools and of the educational 
 interests of the State, and who shall perform such other duties and receive 
 such compensation as shall be prescribed by law. 
 
 Section 203. There shall be a board of education, consisting of the 
 secretary of state, the attorney-general and the superintendent of public 
 
 50 
 
education, for the management and investment of the school funds, accord¬ 
 ing to law, and for the performance of such other duties as may be pre¬ 
 scribed. The Superintendent and one other of said board shall constitute 
 a quorum. 
 
 Section 204. 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 four 
 years, and whose qualifications, compensation and duties shall be prescribed 
 by law; provided, that the legislature shall have power to make the office of 
 county school superintendent of the several counties elective, or may other¬ 
 wise provide for the discharge of the duties of county superintendent, or 
 abolish said office. 
 
 Section 2Cfe. A public school shall be maintained in each school district 
 in the county at least four months during each scholastic year. A school 
 district neglecting to maintain its school four months shall be entitled 
 only to such part of the free school fund as may be required to pay the 
 teacher for the time actually taught. 
 
 Section 206. There shall be a common school fund which shall consist 
 of the poll tax (to be retained in the counties where the same is collected) 
 and an additional sum from the general fund in the State treasury, which 
 together shall be sufficient to maintain the common schools for the term 
 of four months in each scholastic year. But any county or separate school 
 district may levy an additional tax to maintain its schools for a longer 
 time than the term of four months. The common school fund shall be dis¬ 
 tributed among the several counties and several school districts in propor¬ 
 tion of educable children in each, to be determined from data collected 
 through the office of State superintendent of education, in the manner to 
 be prescribed by law. 
 
 Section 207. Separate schools shall be maintained for children of the 
 white and colored races. 
 
 Section 208. No religious or other sect, or sects, shall ever control any 
 part of the school or other educational funds of this State; nor shall any 
 funds be appropriated towards the support of any sectarian schools, or to 
 any school that, at the time of receiving such appropriation, is not con¬ 
 ducted as a free school. 
 
 Section 209. It shall be the duty of the legislature to provide by law 
 for the support of institutions for the education of the deaf, dumb and 
 the blind. 
 
 Section 210. No public officers of this State, or any district, county, city 
 or town thereof, nor any teacher or trustee of any public school, shall be 
 interested in the sale, proceeds or profits of any books, apparatus or furni¬ 
 ture to be used in any public school in this State.* Penalties shall be pro¬ 
 vided by law for the violation of this section. 
 
 Section 211. The legislature shall enact such laws as may be necessary 
 to ascertain the true condition of the title to the sixteenth section of land 
 in this State, or land granted in lieu thereof, in the Choctaw purchase, 
 and shall provide that the sixteenth section lands reserved for the support 
 of township schools shall not be sold, nor shall they be leased for a longer 
 term than ten years for a gross sum; but the legislature may provide for 
 the lease of any of said lands for a term not exceeding 25 years for a 
 ground rental payable annually, and, in case of uncleared lands, may lease 
 them for such short term as may be deemed proper in consideration of the 
 improvement thereof, with right thereafter to lease for a term or to hold 
 on payment of ground rent. 
 
 Section 212. The rate of interest on the fund known as the Chickasaw 
 school fund, and other trust funds for educational purposes, for which the 
 State is responsible, shall be fixed and remain as long as said funds are 
 
 51 
 
held by the State, at 6 per centum per annum, from and after the close of 
 the fiscal year A. D. 1891, and the distribution of said interest shall be 
 made semi-annually on the first of May and November of each year. 
 
 Section 213. The State having received and appropriated the land 
 donated to it for the support of Agricultural and Mechanical Colleges, by 
 the United States, and having, in furtherance of the beneficent design of 
 Congress in granting said land, established the Agricultural and Mechan¬ 
 ical College of Mississippi and the Alcorn Agricultural and Mechanical 
 College, it is the duty of the State to sacredly carry out the conditions of 
 the act of Congress, upon the subject, approved July 2, A. D. 1862, and the 
 legislature shall preserve intact the endowments to, and support, said 
 colleges. 
 
 MISSOURI CONSTITUTION—Amended to 1902 
 Article XI 
 Education 
 
 Section 1. A general diffusion of knowledge and intelligence being 
 essential to the preservation of the rights and liberties of the people, the 
 General Assembly shall establish and maintain free public schools for the 
 gratuitous instruction of all persons in this State between the ages of 6 
 and 20 years. 
 
 Section 2. The income of all the funds provided by the State for the sup¬ 
 port of free public schools shall be paid annually to the several county 
 treasurers, to be disbursed according to law; but no school district in which 
 a free public school has not been maintained at least three months during 
 the year for which the distribution is made, shall be entitled to receive any 
 portion of such funds. 
 
 Section 3. Separate free public schools shall be established, for the educa¬ 
 tion of children of African descent. 
 
 Section 4. The supervision of instruction in the public schools shall be 
 vested in a “Board of Education,'’ whose powers and duties shall be pre¬ 
 scribed by law. The Superintendent of Public Schools shall be president 
 of the board. The Governor, Secretary of State and Attorney-General shall 
 be ex-officio members, and, with the Superintendent, compose said Board of 
 Education. 
 
 Section 5. The General Assembly shall, whenever the Public School fund 
 will permit, and the actual necessity of the same may require, aid and 
 maintain the State University, now established, with its present depart¬ 
 ments. The government of the State University shall be vested in a Board 
 of Curators, to consist of nine members, to be appointed by the Governor, 
 by and with the advice and consent of the Senate. 
 
 Section 6. The proceeds of all lands that have been or hereafter may 
 be granted by the United States to this State, and not otherwise appropri¬ 
 ated by this State or the United States; also, all moneys, stocks, bonds, 
 lands and other property now belonging to any State fund for purposes of 
 education; also, the net proceeds of all sales of lands and other property 
 and effects that may accrue to the State by escheat, from unclaimed divi¬ 
 dends and distributive shares of the estates of deceased persons; also, 
 any proceeds of the sales of the public lands which may have been or here¬ 
 after may be paid over to this State (if Congress will consent to such 
 appropriation) ; also, all other grants, gifts or devises that have been or 
 hereafter may be made to this State, and not otherwise appropriated by the 
 State or the terms of the grant, gift or devise shall be paid into the 
 State treasury, and securely invested and sacredly preserved as a Public 
 
 52 
 
School Fund; the annual income of which fund, together with so much of 
 the ordinary revenue of the State as may be by law set apart for that 
 purpose, shall be faithfully appropriated for establishing and maintaining 
 the free public schools and the State University in this article provided for, 
 and for no other uses or purposes whatsoever. 
 
 Section 7. In case the Public School Fund now provided and set apart 
 by law for the support of free public schools shall be insufficient to sustain 
 a free school at least four months in every year in each school district of 
 this State, the General Assembly may provide for such deficiency in 
 accordance with Section eleven of the article on revenue and taxation; but 
 in no case shall there be 'set apart less than twenty-five per cent, of the 
 State revenue, exclusive of the Interest and Sinking Funds, to be applied 
 annually to the support of the public schools. 
 
 Section 8. All moneys, stocks, bonds, lands and other property belonging 
 to a county school fund; also, the net proceeds from the sale of estrays; 
 also, the clear proceeds of all penalties and forfeiture, and of all fines 
 collected in the several counties for any breach of the penal or military laws 
 of the State, and all moneys which shall be paid by persons as an equiva¬ 
 lent for exemption from military duty, shall belong to and be securely in¬ 
 vested and sacredly preserved in the several counties, as a county public 
 school fund; the income of which fund shall be faithfully appropriated for 
 establishing and maintaining free public schools in the several counties of 
 this State. 
 
 Section 9. No part of the Public School fund of the State shall ever be 
 invested in the stock or bonds or other obligations of any other State, 
 or of any county, city, town or corporation; and the proceeds of the sales 
 of any lands or other property which now belong, or may hereafter belong, 
 to said school fund, shall be invested in the bonds of the State of Missouri 
 or of the United States. 
 
 Section 10. All county school funds shall be loaned only upon unen¬ 
 cumbered real estate security, of double the value of the loan, with personal 
 security in addition thereto. 
 
 Section 11. Neither the General Assembly, nor any county, city, town, 
 township, school district or other municipal corporation shall ever make 
 an appropriation or pay from any public fund whatever anything in aid of 
 any religious creed, church or sectarian purpose; or to help support or 
 sustain any private or public school, academy, seminary, college, university 
 or other institution of learning, controlled by any religious creed, church 
 or sectarian denomination whatever; nor shall any grant or donation of 
 personal property or real estate ever be made by the State, or any county, 
 city, town or other municipal corporation, for any religious creed, church 
 or sectarian purpose whatever. 
 
 CONSTITUTION OF MONTANA—with Amendments to 1909 
 Article XI 
 
 Section 1. It shall be the duty of the legislative assembly of Montana to 
 establish and maintain a general, uniform and thorough system of public 
 free common schools. 
 
 Section 2. The public school fund of the State shall consist of the 
 proceeds of such lands as have heretofore been granted, or may hereafter 
 be granted to the State by the general government, known as school lands; 
 and those granted in lieu of such; lands acquired by gift or grant from 
 any person or corporation under any law or grant of the general govern¬ 
 ment; and of all other grants of land, or money, made to the State from the 
 general government for general educational purposes, or where no other 
 
 53 
 
special purpose is indicated in such grant; all estates or distributive shares 
 of the estates that may escheat to the State; all unclaimed shares and 
 dividends of any corporation incorporated under the laws of the State, and 
 all other grants, gifts, devises or bequests made to the State for general 
 educational purposes. 
 
 Section 3. Such public school fund shall forever remain inviolate, guar¬ 
 anteed by the State against loss and diversion, to be invested* so far as 
 possible, in public securities within the State, including school district 
 bonds; issued for the erection of school buildings, under the restrictions to 
 be provided by law. 
 
 Section 4. The Governor, Superintendent of Public Instruction, Secre¬ 
 tary of State and Attorney-General shall constitute the State Board of land 
 commissioners, which shall have the direction, control, leasing and sale of 
 the school lands of the State, and the lands granted, or which may here¬ 
 after be granted for the support and benefit of the various State educational 
 institutions, under such regulations and restrictions as may be prescribed 
 by law. 
 
 Section 5. The interest on all invested school funds of the State, and 
 all rents accruing from the leasing of any school lands, shall be apportioned 
 to the several school districts of the State in proportion to the number of 
 children and youths between the ages of 6 and 21 years residing therein 
 respectively, but no district shall be entitled to such distributive shares 
 that does not maintain a public free school for at least three months during 
 the year for which distribution shall be made. 
 
 Section 6. It shall be the duty of the legislative assembly to provide by 
 taxation, or otherwise, sufficient means, in connection with the amount 
 received from the general school fund, to maintain a public, free common 
 school in each organized district in the State for at least three months in 
 each year. 
 
 Section 7. The public free schools of the State shall be open to all 
 children and youths between the ages of G and 21 years. 
 
 Section 8. Neither the legislative assembly, nor any county, city, town 
 or school district, or other public corporations, shall ever make, directly 
 or indirectly, any appropriation, or pay from any public fund or moneys 
 whatever, or make any grant of lands or other property in aid of any 
 church, or for any sectarian purpose, or to aid in the support of any school, 
 academy, seminary, college, university, or other literary, scientific institu¬ 
 tion controlled in whole or in part by any church, sect or denomination 
 whatever. 
 
 Section 9. No religious or partisan test or qualification whatever shall 
 ever be required of any person as a condition of admission into any public 
 educational institution of the State, either as teacher or student; nor 
 shall attendance be required at any religious service whatever, nor shall 
 any sectarian tenets be taught in any public institution of the State; nor 
 shall any person be debarred admission to any of the collegiate departments 
 of the university on account of sex. 
 
 Section 10. The legislative assembly shall provide that all elections for 
 school district officers shall be separate from those elections at which State 
 or county officers are voted for. 
 
 Section 11. The general control and supervision of the* State university 
 and the various other State educational institutions shall be vested in a 
 State board of education, whose powers and duties shall be prescribed and 
 regulated by law. The said board shall consist of 11 members; the Gov¬ 
 ernor, State Superintendent of Public Instruction and the Attorney-General 
 being members ex-officio, the other eight members thereof shall be appointed 
 by the Governor, subject to the confirmation of the Senate, under the regula¬ 
 tions and restrictions to be provided by law. 
 
 54 
 
Section 12. The funds of the State university and of all other State 
 institutions of learning, from whatever source accruing, shall forever 
 remain inviolate and sacred to the purpose for which they were dedicated. 
 The various funds shall be respectively invested under such regulations as 
 may he prescribed by law, and shall be guaranteed by the State against loss 
 or diversion. The interest of said invested funds, together with the rents 
 from leased lands or properties, shall be devoted to the maintenance and 
 perpetuation of these respective institutions. 
 
 CONSTITUTION OF NEBRASKA—Amended to 1913 
 Article VIII 
 
 Section I. Board of Education Lands and Funds. The Governor, Secre¬ 
 tary of State, Treasurer, Attorney-General and Commissioner of Public 
 Lands and Buildings shall, under the direction of the legislature, constitute 
 a Board of Commissioners, for the sale, leasing and general management of 
 all lands and funds set apart for educational purposes, and for the invest¬ 
 ment of school funds, in such manner as may be prescribed by law. 
 
 Section 2. Property. How Used. All lands, money or other property 
 granted or bequeathed, or in any manner conveyed to this State for educa¬ 
 tional purposes, shall be used and expended in accordance with the terms of 
 such grant, bequest or conveyance. 
 
 Section 3. Permanent School Fund. The following are hereby declared 
 to be perpetual funds for common school purposes, of which the annual 
 interest or income only can be appropriated, to wit: 
 
 First. Such per centum as has been or may hereafter be, granted by 
 Congress on the sale of lands in this State. 
 
 Second. All moneys arising from the sale or leasing of sections number 
 16 and 36 in each township in this State, and the lands selected, or that 
 may be selected, in lieu thereof. 
 
 Third. The proceeds of all lands that have been, or may hereafter be, 
 granted to this State, whereby the terms and conditions of such grant the 
 same are not to be otherwise appropriated. 
 
 Fourth. The net proceeds of lands and other property and effects that 
 may come to this State, by escheat or forfeiture, or from unclaimed divi¬ 
 dends, or distributive shares of the estates of deceased persons. 
 
 Fifth. All moneys, stocks, bonds, lands and other property, now belong¬ 
 ing to the common school fund. 
 
 Section 4. Temporary School Fund. All other grants, gifts and devises 
 that have been, or may hereafter be, made to this State, and not otherwise 
 appropriated by the terms of the grant, gift or devise, the interest arising 
 from all the funds mentioned in the preceding section, together with all 
 the rents of the unsold school lands, and such other means as the legislature 
 may provide, shall be exclusively applied to the support and maintenance 
 of common schools in each school district in the State. 
 
 Section 5. Fines, Penalties and License Moneys. All fines, penalties 
 and license moneys, arising under the general laws of the State, shall 
 belong and be paid over to the counties respectively, where the same may 
 be levied or imposed, and all fines, penalties and license moneys arising 
 under the rules, by-laws or ordinances of cities, villages, towns, precincts 
 or other municipal subdivisions less than a county, shall belong and be 
 paid over to the same respectively. All such fines, penalties and license 
 moneys shall be appropriated exclusively to the use and support of the 
 common schools in the respective subdivisions where the same may accrue. 
 
 Section 6. Common Schools, Free. The legislature shall provide for the 
 
 55 
 
free instruction in the common schools of this State of all persons between 
 the ages of five and twenty-one years. 
 
 Section 7. Income. Distribution. Provision shall be made by general 
 law for an equitable distribution of the income of the fund set apart for 
 the support of the common schools, among the several school districts of 
 the State, and no appropriation shall be made from said fund to any dis¬ 
 trict for the year in which school is not maintained for at least three 
 months. 
 
 Section 8. Educational lands. Price. University, agricultural college, 
 common school or other lands, which are now held or may hereafter be 
 acquired by the State for educational purposes, shall not be sold for less 
 than seven dollars per acre, nor less than the appraised value. 
 
 Section 9. Funds Inviolate. Investment. All funds belonging to the 
 State for educational purposes, the income and interest whereof only are 
 to be used, shall be deemed trust funds held by the State, and the State shall 
 supply all losses thereof, that may in any manner accrue, so that the 
 same shall remain forever inviolate and undiminished; and shall not be 
 invested or loaned except on United States or State securities, or regis¬ 
 tered county bonds of this State, or registered school district bonds of 
 this State; and such other securities as fhe Legislature may from time 
 to time direct. And such funds, with the interest and income thereof, are 
 hereby solemnly pledged to the purposes for which they are granted and 
 set apart, and shall not be transferred to any other fund for other uses. 
 
 Section 10. University government. Regents. The general government 
 of the University of Nebraska shall, under the direction of the Legislature, 
 be vested in a board of six regents, to be styled The Board of Regents of the 
 University of Nebraska, who shall be elected by the electors of the State at 
 large, and their term of office, except those chosen at the first election as 
 hereinafter provided, shall be six years. Their duties and powers shall be 
 prescribed by law; and they shall receive no compensation, but may be 
 reimbursed their actual expenses incurred in the discharge of their duty. 
 
 Section 11. Sectarian Instruction Prohibited. No sectarian instruction 
 shall be allowed in any school or institution supported in whole or in part 
 by the public fund set apart for educational purposes; nor shall the State 
 accept any grant, conveyance, or bequest of money, lands or other property 
 to be used for sectarian purposes. 
 
 Section 12.- Reform Schools. The legislature may provide by law for the 
 establishment of a school or schools for the safe keeping, education, em¬ 
 ployment and reformation of all children under the age of sixteen years, 
 who for want of proper parental care, or other cause, are growing up in 
 mendicancy or crime. 
 
 CONSTITUTION OF NEVADA—1913 
 Article XI 
 
 Section 1. The Legislature shall encourage by all suitable means the 
 promotion of intellectual, literary, scientific, mining, mechanical, agricul¬ 
 tural and moral improvement, and also provide for the election by the 
 people, at the general election, of a superintendent of public instruction, 
 whose term of office shall be two years from the first Monday of January, 
 A.D., 1865, and until tbe election and the qualification of his successor, and 
 whose duties shall be prescribed by law. 
 
 Section 2. The Legislature shall provide for a uniform system of com¬ 
 mon schools, by which a school shall be established and maintained in each 
 school district at least six months in every year; and any school district 
 neglecting to establish and maintain such a school or which shall allow 
 
 56 
 
instruction of a sectarian character therein, may be deprived of its propor¬ 
 tion of the interest of the public school fund during such neglect or in¬ 
 fraction; and the Legislature may pass such laws as will tend to secure a 
 general attendance of the children in each school district upon said public 
 schools. 
 
 Section 3. All lands, including the 16th and 36th sections in any town¬ 
 ship donated for the benefit of public schools in the act of the 38th 
 Congress, to enable the people of Nevada territory to form a State govern¬ 
 ment, the 30,000 acres of public land granted by an Act of Congress, ap¬ 
 proved July 2nd, A. D., 1862, for each Senator and Representative in Con¬ 
 gress, and all proceeds of lands that have been or may hereafter be granted 
 or appropriated by the United States to this State, and also the 500,000 
 acres of land granted to the new State under the Act of Congress dis¬ 
 tributing the proceeds of the public lands among the several States of the 
 Union approved A. D., 1841; provided, that Congress make provision for 
 or authorize such diversion to be made for the purpose herein contained; 
 all estates that may escheat to the State; all of such per centum as may 
 be granted by Congress on the sale of lands, all fines collected under the 
 penal laws of the State; all property given or bequeathed to the State for 
 educational purposes, and all proceeds derived from any or all of said 
 sources shall be and the same are hereby solemnly pledged for educational 
 purposes, and shall not be transferred to any other fund for other uses; 
 and the interest thereon shall, from time to time, be apportioned among 
 the several counties as the Legislature may provide by law; and the 
 Legislature shall provide for the sale of floating land warrants to cover 
 the aforesaid lands, and for the investment of all proceeds derived' from 
 any of the above-mentioned sources, in United States bonds, or the bonds 
 of this State, or the bonds of other States of the Union, or the bonds of 
 any county in the State of Nevada for educational purposes, and any sur¬ 
 plus interest shall be added to the principal sum; and provided further, 
 that such portion of said interest as may be necessary may be appro¬ 
 priated for the support of the state university. (As amended and 
 approved 1912.) 
 
 Section 4. The Legislature shall provide for the establishment of a 
 state university, which shall embrace departments for agriculture, me¬ 
 chanic arts and mining, to be controlled by a board of regents whose 
 duties shall be prescribed by law. 
 
 Section 5. The Legislature shall have the power to establish normal 
 schools, and such different grade of schools, from the primary department 
 to the university, as in their discretion they may deem necessary, and 
 all professors in said university, or teachers in said schools, of whatever 
 grade shall be required to take and subscribe to the oath as prescribed 
 in Article XV 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 anv portion 
 of the public moneys set apart for school purposes. 
 
 Section 6. The Legislature shall provide a special tax, which shall 
 not exceed two mills on the dollar of all taxable property in the State, 
 in addition to the other means provided for the support and mainten¬ 
 ance of said university and common schools. (As amended Feb. 11, 1889.) 
 
 Section 7. The Governor, Secretary of State and Superintendent of 
 Public Instruction shall for the first four years and until their succes¬ 
 sors 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 
 
 57 
 
of office of the said board of regents, provide for the election of a new 
 hoard of regents and define their duties. 
 
 Section 8. The board of regents shall, from the interest accruing 
 from the funds which come under their control, immediately organize and 
 maintain the said mining department in such manner as to make it most 
 effective and useful; provided, that all the proceeds of the public lands 
 donated by Act of Congress approved July 2nd, A. D., 1862, 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 for the benefit of the first named depart¬ 
 ments to the university, as set forth in Section 4 above; and the Legis¬ 
 lature 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 the said fund shall remain forever 
 undiminished. 
 
 Section 9. No sectarian instruction shall be imparted or tolerated in 
 any school or university that may be established under this constitution. 
 
 Section 10. No public fund of any kind or character whatever, State, 
 •county or municipal, shall be used for sectarian purposes. (Section 10 
 was added to Article XI by amendment and approved 1880.) 
 
 CONSTITUTION OF NEW HAMPSHIRE—1902 
 Encouragement of Literature, Etc. 
 
 Article 82. Knowledge and learning generally diffused through a com¬ 
 munity being essential to the preservation of a free government, and 
 spreading the opportunities and advantages of education through various 
 parts of the country being highly conducive to promote this end, it 
 shall be the duty of the legislators and magistrates, in all future periods 
 of this government, to cherish the interests of literature and the sciences, 
 and all seminaries and public schools; to encourage private and public 
 institutions, rewards and immunities for the promotion of agriculture, 
 arts, sciences, commerce, trades, manufactures and natural history, of the 
 country; to countenance and inculcate the principles of humanity and 
 general benevolence, public and private charity, industry and economy, 
 honesty arid punctuality, sincerity, sobriety, and all social affections and 
 generous sentiments among the people; provided nevertheless that no 
 money raised by taxation shall ever be granted or applied for the use of 
 the schools or institutions of any religious sect or denomination. Free 
 and fair competition in the trades and industries is an inherent and 
 essential right of the people and should be protected against all monopo¬ 
 lies and conspiracies which tend to hinder or destroy it. The size and 
 functions of all corporations should be so limited and regulated as to 
 prohibit fictitious capitalization, and provision should be made for the 
 supervision and government thereof; Therefore, all just power possessed 
 by the State is liereb} 7 granted to the general court to enact laws to 
 prevent the operations within the State of all persons and associations, 
 and all trusts and corporations, foreign and domestic, and the officers 
 thereof, who endeavor to raise the price of any article of commerce or 
 to destroy free and fair competition in the trades and industries through 
 combination, conspiracy, monopoly, or any other unfair means; to control 
 and regulate the acts of all such persons, associations, corporations, 
 trusts and officials doing business, within the State; to prevent fictitious 
 capitalization; and to' authorize civil and criminal proceedings in respect 
 to all the wrongs herein declared against. 
 
 58 
 
NEW JERSEY CONSTITUTION—1844—Amended 1876 and 1897 
 
 Article IV 
 
 Section VI. The fund for the support of free schools, and all money, 
 stock and other property which may hereafter be appropriated for that 
 purpose, or received into the treasury under the provision of any law 
 heretofore passed to augment the said fund, shall be securely invested 
 and remain a perpetual fund; and the income thereof, except so mucli 
 as it may be judged expedient to apply to an increase of the capital, 
 shall be annually appropriated to the support of public free schools, 
 for the equal benefit of all the people of the State; and it shall not be 
 competent for the Legislature to borrow, appropriate or use the said 
 fund, or any part thereof, for any other purpose, under any pretense 
 whatever. The legislature shall provide for the maintenance and sup¬ 
 port of a thorough and efficient system of free public schools for the 
 instruction of all the children in this State between the ages of five and 
 eighteen years. 
 
 Section VII. The Legislature shall not pass private, local or special 
 laws in any of the following enumerated cases, that is to say: 
 
 11. Providing for the management and support of free public schools. 
 
 NEW MEXICO—Constitution, Amended to 1914 
 Article XII 
 
 Section 1. A uniform system of free public school sufficient for the edu¬ 
 cation of, and open to, all the children of school age in the State shall be 
 established and maintained. 
 
 Section 2. The permanent school fund of the State shall consist of the 
 proceeds of sales of sections two, sixteen, thirty-two and thirty-six in each 
 township of the State, or the lands selected in lieu thereof : the proceeds 
 of sales of all lands that have been or may hereafter be granted to 
 the State not otherwise appropriated by the terms and conditions of the 
 grant; such portion of the proceeds of sales of lands of the United States 
 within the'State as has been or may be granted by Congress; also all other 
 grants, gifts and devises made to the State the purpose of which is not 
 otherwise specified. 
 
 Section 3. The schools, colleges, universities and other educational in¬ 
 stitutions provided for by the constitution shall forever remain under the 
 exclusive control of the State, and no part of the proceeds arising from the 
 sale or disposal of any lands granted to the State by Congress, or any 
 other funds appropriated, levied or collected for educational purposes shall 
 be used for the support of any sectarian, denominational or private school, 
 college or university. 
 
 Section 4. All fines and forfeitures collected under general laws; the 
 net proceeds of property that may come to the State by escheat, the 
 rentals of all school lands and other lands granted to the State, the dis¬ 
 position of which is not otherwise provided for by the terms of the grant 
 or by act of Congress; and the income derived from the permanent school 
 fund, shall constitute the current school fund of the State. The legisla¬ 
 ture shall provide for the levy and collection of an annual tax upon all 
 taxable property in the State .for the maintenance of the public schools, 
 the proceeds of such tax levy to be added to the current school fun4 above 
 provided for. The current school fund shall be distributed among the 
 school districts of the State in the proportion that the number of children 
 of school age in each district bears to the total number of such children in 
 
 59 
 
the State, and shall provide for the levy and collection of additional local 
 taxes for school purposes. A public school shall be maintained for at least 
 five months in each year in every school district in the State. 
 
 Before making the distribution above provided for, there shall be taken 
 from the current school fund as above created, a sufficient reserve to be 
 distributed among school districts in which the proceeds of the annual 
 local tax, when levied to the limit allowed by law, plus the regular quota 
 of current school funds allotted to said district, shall not be sufficient for 
 the maintaining of a school for the full period of five months, and this 
 reserve fund shall be so distributed among such districts as to enable each 
 district to hold school for the said period. 
 
 Section 5. Every child of school age and of sufficient physical and 
 mental ability shall be required to attend a public or other school during 
 such period and for such time as may be prescribed by law. 
 
 Section 6. A State Board of Education is hereby created, to consist of 
 seven members. It shall have the control, management and direction of all 
 public schools, under such regulations as may be provided by law. The 
 Governor and the State Superintendent of Public Instruction shall be ex- 
 officio members of said board, and the remaining five members shall be 
 appointed by the Governor, by and with the consent of the Senate; and 
 shall include the head of some State educational institution, a county 
 superintendent of schools, and one other person actually connected with 
 educational work. The legislature may provide for district or other school 
 officers, subordinate to said board. 
 
 Section 7. The principal of the permanent school fund shall be invested 
 in the bonds of the State or Territory of New Mexico, or of any county, 
 city, town, board of education or school district therein. The legislature 
 may by three-fourths vote of the members elected to each house provide 
 that said funds may be invested in other interest-bearing securities. All 
 bonds or other security in which any portion of the school fund shall be 
 invested must be first approved by the Governor, Attorney-General and 
 Secretary of State. All losses from such funds, however occurring, shall 
 be reimbursed by the State. 
 
 Section 8. The legislature shall provide for the training of teachers in 
 the normal schools or otherwise, so that they may become proficient in both 
 the English and Spanish languages, to qualify them to teach Spanish¬ 
 speaking pupils and students in the public schools and educational institu¬ 
 tions of the State; and shall provide proper means and methods to facili¬ 
 tate the teaching of the English language and other branches of learning 
 to such pupils and students. 
 
 Section 9. No religious test shall ever be required as a condition of 
 admission into the public schools or any educational institution of this 
 State, either as a teacher or student, and no teacher or student of such 
 school or institution shall ever be required to attend or participate in any 
 religious service whatsoever. 
 
 Section 10. Children of Spanish descent in the State of New Mexico 
 shall never be denied the right and privilege of admission and attendance 
 in the public schools or other educational institutions of the State, and 
 they shall never be classed in separate schools, but shall forever enjoy 
 perfect equality with other children in all public schools and educational 
 institutions of the State, and the legislature shall provide penalties for 
 the violation of this section. This section shall never be amended except 
 upon a vote of the people of this State, in an election at which at least 
 three-fourths of the electors voting in the whole State and at least two- 
 thirds of those voting in each county in the State shall vote for such 
 amendment. 
 
 Section 11. The University of New Mexico at Albuquerque, the New 
 
 60 
 
Mexico College of Agriculture and Mechanics Arts near Las Cruces, the 
 New Mexico School of Mines at Socorro, the New Mexico Military Institute 
 at Roswell, the New Mexico Normal University at Las Vegas, the New 
 Mexico Normal School at Silver City, the Spanish-American School at El 
 Rito, the New Mexico Asylum for the Deaf and Dumb at Santa Fe, and 
 the New Mexico Institute for the Blind at Alamagordo, are hereby con¬ 
 firmed as State educational institutions. The appropriations made and 
 that may hereafter be made to the State by the United States for agricul¬ 
 tural and mechanical colleges and experiment stations in connection there¬ 
 with shall be paid to the New Mexico College of Agriculture and Mechanic 
 Arts. 
 
 Section 12. All lands granted under the provisions of the act of Con¬ 
 gress entitled “An Act to enable the people of New Mexico to form a con¬ 
 stitution and State government and be admitted into the Union on an 
 equal footing with the original States; and to enable the people of Arizona 
 to form a constitution and State government and be admitted into the 
 Union on an equal footing with the original States,” for the purposes of 
 said several institutions are hereby accepted and confirmed to said institu¬ 
 tions, and shall be exclusively used for the purposes for which they were 
 granted; provided, that 170,000 acres of the land granted by said act for 
 normal school purposes are hereby equally apportioned between three said 
 normal institutions, and the remaining 30,000 acres thereof is reserved for 
 a normal school which shall be established by the legislature and located in 
 one of the counties of Union, Quay, Curry, Roosevelt, Chavez or Eddy. 
 
 Section 13. The legislature shall provide for the control and manage¬ 
 ment of each of said institutions by a board of regents, for each institu¬ 
 tion, consisting of five members to be appointed by the Governor, by and 
 with the advice and consent of the Senate for a term of four years, and not 
 more than three of whom shall belong to the same political party at the 
 time of their appointment. The duties of said board shall be prescribed 
 by law. 
 
 CONSTITUTION OF NEW YORK—Amended to 1894 
 Article IX 
 
 Section 1. The legislature shall provide for the maintenance and sup¬ 
 port of a system of free common schools, wherein all the children of this 
 State may be educated. 
 
 ( New .) Section 2. The corporation created in the year 1874 under the 
 name of The Regents of the University of the State of New York is hereby 
 continued under the name of The University of. the State of New York. 
 It shall be governed and its corporate powers, which may be increased’, 
 modified or diminished by the legislature, shall be exercised by not less than 
 nine regents. 
 
 {New.) Section 3. The capital of the common school fund, the capital of 
 the literature fund, and the capital of the United States deposit fund, shall 
 be respectively preserved inviolate. The revenue of the said common school 
 fund shall be applied to the support of the common schools, the revenue of 
 the literature fund shall be applied to the support of academies; and the 
 sum of $25,000 of the revenues of the United States deposit fund shall each 
 year be appropriated to and made part of the capital of the said common 
 school fund. 
 
 (Section 1 of Article IX of the amended constitution of 1846, without 
 
 change.) 
 
 Section 4. Neither the State nor any subdivision thereof shall use its 
 property or credit or any public money, or authorize or permit either to be 
 
 61 
 
used, directly or indirectly, in aid or maintenance, other than for examina¬ 
 tion or inspection of any school or institution of learning wholly or in part 
 under the control or direction of any religious denomination, or in which 
 any denominational tenet or doctrine is taught. 
 
 NORTH CAROLINA CONSTITUTION—1914 
 Article IX 
 
 Section 1. Religion, morality and knowledge being necessary to good 
 government and the happiness of mankind, schools and the means of educa¬ 
 tion shall forever be encouraged. 
 
 Section 2. The General Assembly, at its first session under this con¬ 
 stitution, 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. And 
 the children of the white race and the children of the colored race shall be 
 taught in separate public schools; but there shall be no discrimination in 
 favor of or to the prejudice of either race. 
 
 Section 3. Each county of the State shall be divided into a convenient 
 number of districts, in which one or more public schools shall be main¬ 
 tained at least four months in every year; and if the Commissioners of 
 any county shall fail to comply with the aforesaid requirements of this sec¬ 
 tion they shall be liable to indictment. 
 
 Section 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 this State or the United States, also all moneys, stocks, bonds and other 
 property now belonging to any State fund for purposes of education, also 
 the net proceeds of all sales of the swamp lands belonging to the State, and 
 all other grants, gifts or devises that have been or hereafter may be made 
 to the State and not otherwise appropriated by the State or by the terms 
 of the grant, gift or devise, shall be paid into the State Treasury, and, 
 together with so much of the ordinary revenue of the State as may be by 
 law set apart for that purpose, shall be faithfully appropriated for estab¬ 
 lishing and maintaining in this State a system of free public schools, and 
 for no other uses or purposes whatever. 
 
 Section 5. All moneys, stocks, bonds and other property belonging to a 
 county school fund, also the net proceeds from the sale of estrays, also the 
 clear proceeds of all penalties and forfeitures and of all fines collected 
 in the several counties for any breach of the penal or military laws of the 
 State, and all moneys which shall be paid by persons as an equivalent for 
 exemption from military duty, shall belong to and remain in the several 
 counties, and shall be faithfully appropriated for establishing and main¬ 
 taining free public schools in the several counties of the State; PRO¬ 
 VIDED, that the amount collected in each county shall be annually re¬ 
 ported to the Superintendent of Public Instruction. 
 
 Section 6. The General Assembly shall have power to provide for the 
 election of trustees of the University of North Carolina, in whom, when 
 chosen, shall be vested all the privileges, rights, franchises and endow¬ 
 ments thereof in any wise granted to or conferred upon the trustees of said 
 University, and the General Assembly may make such provisions, laws and 
 regulations from time to time as may be necessary and expedient for the 
 maintenance and management of said University. 
 
 Section 7. The General Assembly shall provide that the benefits of the 
 University, as far as practicable, be extended to the youths of the State 
 free of expense for tuition; also that the property which has heretofore 
 accrued to the State or shall hereafter accrue from escheats, unclaimed 
 
 62 
 
dividends or distributive shares of the estates of deceased persons shall; 
 be appropriated to the use of the University. 
 
 Section 8. The Governor, Lieutenant-Governor, Secretary of State, 
 Treasurer, Auditor, Superintendent of Public Instruction and Attorney- 
 General shall constitute a State Board of Education. 
 
 Section 9. The Governor shall be President and the Superintendent of 
 Public Instruction shall be Secretary of the Board of Education. 
 
 Section 10. 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. 
 
 Section 11. The first session of the Board of Education shall be held 
 at the capital of the State within fifteen days after the organization of 
 the State Government under this Constitution; the time of future meetings 
 may be determined by the Board. 
 
 Section 12. A majority of the Board shall constitute a quorum for the 
 transaction of business. 
 
 Section 13. The contingent expenses of the Board shall be provided by 
 the General Assembly. i 
 
 Section 14. As soon as practicable after the adoption of this Consti¬ 
 tution the General Assembly shall establish and maintain in connection 
 with the University a department of agriculture, of mechanics, of mining 
 and of normal instruction. 
 
 Section 15. 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 six and eighteen years for a 
 term of not less than sixteen months, unless educated by other means. 
 
 CONSTITUTION OF NORTH DAKOTA—1889 
 Article 8 
 Education 
 
 Section 147. A high degree of intelligence, patriotism, integrity and 
 morality on the part of every voter in a government by the people being 
 necessary in order to insure the continuance of that government and the 
 prosperity and happiness of the people, the legislative assembly shall make 
 provision for the establishment and maintenance of a system of public 
 schools which shall be open to all children of the State of North Dakota 
 and free from sectarian control. This legislative requirement shall be 
 irrevocable without the consent of the United States and the people of 
 North Dakota. 
 
 Section 148. The legislature shall provide at its first session after the 
 adoption of this constitution, for a uniform system of free public schools 
 throughout the State, beginning with the primary and extending through 
 all grades up to and including the normal and collegiate course. 
 
 Section 149. In all schools instruction shall be given as far as prac¬ 
 ticable in those branches of knowledge that tend to impress upon the mind 
 the vital importance of truthfulness, temperance, purity, public spirit and 
 respect for honest labor of every kind. 
 
 Section 150. A superintendent of schools for each county shall be elected 
 every two years, whose qualifications, duties, powers and compensation, 
 shall be fixed by law. 
 
 63 
 
Section 151. The legislative assembly shall take such other steps as 
 may be necessary to prevent illiteracy, secure a reasonable degree of uni¬ 
 formity in course of study, and to promote industrial, scientific and agri¬ 
 cultural improvements. 
 
 Section 152. All colleges, universities and other educational institu¬ 
 tions, for the support of which lands have been granted to this State, or 
 which are supported by a public tax, shall remain under the absolute 
 and exclusive control of the State. No money raised for the support of 
 the public schools of the State shall be appropriated to or used for the 
 support of any sectarian school. 
 
 Article 9 
 
 School and Public Lands 
 
 Section 153. All proceeds of the public lands that have heretofore been, 
 or may hereafter be, granted by the United States for the support of the 
 common schools in this State; all such per centum as may be granted by 
 the United States on the sale of public lands; the proceeds of property 
 that shall fall to the State by escheat; the proceeds of all gifts and dona¬ 
 tions to the State for common schools or not otherwise appropriated by 
 the terms of the gift, and all other property otherwise acquired by. com¬ 
 mon schools, or not/otherwise appropriated by the terms of the gift, and 
 all other property otherwise acquired for common schools, shall be and 
 remain a perpetual fund for the maintenance of the common schools of 
 the State. It shall be deemed a trust fund, the principal of which shall 
 forever remain inviolate and may be increased, but never diminished. 
 The State shall make good all losses thereof. 
 
 Section 154. The interest and income of this fund, together with the 
 net proceeds of all fines for violation of State laws, and all other sums 
 which may be added thereto by law, shall be faithfully used and applied 
 each year for the benefit of the common schools of the State, and shall be 
 for this purpose apportioned among and between all the several common 
 school corporations of the State in proportion to the number of children 
 in each of school age, as may be fixed by law, and no part of the fund shall 
 be diverted, even temporarily, from this purpose or used for any other 
 purpose whatever than the maintenance of common schools for the equal 
 benefit of all the people of the State; provided, however, that if any por¬ 
 tion of the interest or income aforesaid be not expended during any year, 
 said portion shall be added to and become a part of the school fund. 
 
 Section 155. After one year from the assembling of the first legislative 
 assembly the lands granted to the State from the United States for the 
 support of common schools may be sold upon the following conditions, and 
 no other. No more than one-fourth of all such lands shall be sold within 
 the first five years after the same become salable by virtue of this section. 
 No more than one-half of the remainder within ten years after the same 
 become salable as aforesaid. The residue may be sold at any time after 
 the expiration of said ten years. The legislative assembly shall provide 
 for the sale of all school lands subject to the provisions of this article. 
 The coal lands of the State shall never be sold, but the legislative assembly 
 may by general laws provide for leasing same. The words “coal lands” 
 shall include lands bearing lignite coal. 
 
 Section 156. The superintendent of public instruction, governor, 
 attorney-general, secretary of State and State auditor shall constitute a 
 board of commissioners which shall be denominated the “Board of Uni¬ 
 versity and School Lands,” and subject to the provisions of this article 
 and any law that may be passed by the legislative assembly, said board 
 shall have control of the appraisement, sale, rental and disposal of all 
 
 64 
 
school and university lands, and shall direct the investment of the funds 
 arising therefrom in the hands of the State treasurer, under the limita¬ 
 tions in section 160 of this article. 
 
 Section 157. The county superintendent of common schools, the chair¬ 
 man of the county board and the county auditor shall constitute boards 
 of appraisal and under the authority of the State board of university and 
 school lands shall appraise all school lands within their respective counties 
 which they may from time to time recommend for sale at their actual 
 value under the prescribed terms and shall first select and designate for 
 sale the most valuable lands. 
 
 Section 158. No land shall be sold for less than the appraised value 
 and in no case for less than $10 per acre. The purchaser shall pay one- 
 fifth of the price in cash and the remaining four-fifths as follows: One- 
 fifth in five years, one-fifth in ten years, one-fifth in fifteen years and one- 
 fifth in twenty years with interest at the rate of not less than six per 
 centum payable annually in advance. All sales shall be held at the county 
 seat of the county in which the land to be sold is situate, and shall be at 
 public auction and to the highest bidder, after sixty days’ advertisement of 
 the same in a newspaper of general circulation in the vicinity of the land 
 to be sold, and one at the seat of government. Such lands designated for 
 sale and not sold within two years after appraisal shall be reappraised 
 before they are sold. No grant or patent for any such lands shall issue 
 until payment is made for the same; provided that the lands contracted 
 to be sold by the State shall be subject to taxation from the date of such 
 contract. In case the taxes assessed against any of said lands for any 
 year remain unpaid until the first Monday in October of the following year, 
 then and thereupon the contract of sale for such lands shall become null 
 and void. 
 
 Section 159. All land, money or other property donated, granted or 
 received from the United States or any other source for a university, school 
 of mines, reform school, agricultural college, deaf and dumb asylum, 
 normal school or other educational or charitable institution or purpose, 
 and the proceeds of all such lands and other property so received from any 
 source, shall be and remain perpetual funds, the interest and income of 
 which, together with the rents of all such lands as may remain unsold, 
 shall be inviolably appropriated and applied to the specific objects of the 
 original grants or gifts. The principal of every such fund may be increased 
 but shall never be diminished, and the interest and income only shall be 
 used. Every such fund shall be deemed a trust fund held by the State, and 
 the State shall make good all losses thereof. 
 
 Section 160. All lands mentioned in the preceding section shall be 
 appraised and sold in the same manner and under the same limitations 
 and subject to all the conditions as to price and sale as provided above for 
 the appraisal and sale of lands for the benefit of common schools; but a 
 distinct and separate account shall be kept by the proper officers of each 
 of said funds; provided that the limitations as to the time in which school 
 land may be sold shall apply only to lands granted for the support of 
 common schools. 
 
 Section 161. The legislative assembly shall have authority to provide 
 by law for the leasing of lands granted to the State for educational and 
 charitable purposes; but no such law shall authorize leasing of said lands 
 for a period longer than five years. Said lands shall only be leased for 
 pasturage and meadow purposes and at a public auction after notice as 
 heretofore provided in case of sale; provided that all of said school lands 
 now under cultivation may be leased, at the discretion and under the 
 control of the board of university and school lands, for other than pas¬ 
 turage and meadow purposes until sold. All rents shall be paid in advance. 
 
 65 
 
Section 162. The moneys of the permanent school fund and other edu¬ 
 cational funds shall be invested only in bonds of school corporations within 
 the State, bonds of the United States, bonds of the State of North Dakota 
 or in first mortgages on farm lands in the State, not exceeding in amount 
 one-third of the actual value of any subdivision on which the same may be 
 loaned, such value to be determined by the board of appraisers of school 
 lands. 
 
 Section 163. No law shall ever be passed by the legislative assembly 
 granting to any person, corporation or association any privileges by 
 reason of the occupation, cultivation or improvement of any public lands 
 by said person, corporation or association subsequent to the survey thereof 
 by the general government. No claim for the occupation, cultivation or 
 improvement of any public lands shall ever be recognized, nor shall such 
 occupation, cultivation or improvement of any public lands ever be used 
 to diminish, either directly or indirectly, the purchase price of said lands. 
 
 Section 164. The legislative assembly shall have authority to provide 
 by law for the sale or disposal of all public lands that have been hereto¬ 
 fore or may 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. 
 
 Section 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 officers shall convert to his own use, in any number 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 any person or persons, or exchange for other funds 
 or property any portion of the 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 embezzle¬ 
 ment of so much of the aforesaid school funds as shall be thus taken or 
 loaned, or deposited, or exchanged, or withheld, 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 embezzlement. 
 
 CONSTITUTION OF OHIO—1914 
 
 Section 1. T^e principal of all funds arising from the sale or other dis¬ 
 position of bonds or other property granted or entrusted to this State for 
 educational or religious purposes shall forever be preserved inviolate and 
 undiminished, and the income arising therefrom shall be faithfully applied 
 to the specified objects of the original grants. 
 
 Section 2. The General Assembly shall make such provision, by taxa¬ 
 tion or otherwise, as, with the income arising from the school trust fund, 
 will insure a thorough and efficient system of common schools throughout 
 the State; but no religious or other sect or sects shall ever have any 
 exclusive right or control of any part of the school fund. 
 
 Section 3. Provision shall be made by law for the organization, ad¬ 
 ministration and control of the public school system of the State sup¬ 
 ported by public funds, provided that each school district embraced wholly 
 or in part within any city shall have the power of referendum vote to 
 determine for itself the number of members and the organization of the 
 
 66 
 
district board of education, and provision shall be made by law for the 
 exercise of this power by such school districts. (Adopted September 3, 
 
 1912.) 
 
 Section 4. A superintendent of public instruction, to replace the State 
 commissioner of common schools, shall be included as one of the officers 
 of the executive department to be appointed by the Governor for the 
 term of four years, with powers and duties now exercised by the State 
 commissioner of common schools, until otherwise provided by law and 
 with such powers as may be provided by law. (Adopted September 3, 
 1912.) 
 
 OKLAHOMA CONSTITUTION—1907 
 
 Article XIII— Schools—Public Education. 
 
 Section 1. Free Public Schools. The Legislature shall establish and 
 maintain a system of free public schools wherein all the children of the 
 State may be educated. 
 
 Section 2. Deaf, dumb and blind—institutions. The Legislature shall 
 provide for the establishment and support of institutions for the care 
 and education of the deaf, dumb and blind of the State. 
 
 Section 3. Separate schools. Separate schools for white and colored 
 children with like accommodations shall be provided by the Legislature 
 and impartially maintained. The term “colored children” as used in this 
 section shall be construed to mean children of African descent. The term 
 “white children” shall include all other children. 
 
 Section 4. Compulsory education. The Legislature shall provide for 
 the compulsory attendance at some public or other school, unless other 
 means of education are provided, of all the children in the State who are 
 sound in mind and body between the ages of 8 and 16 for at least three 
 months in each year. 
 
 Section 5. State board of education. The supervision of instruction 
 in the public schools shall be vested in a board of education, whose powers 
 and duties shall be prescribed by law. The superintendent of public in¬ 
 struction shall be president of the board. Until otherwise provided by 
 law, the governor, secretary of state and attorney general shall be ex-officio 
 members, and with the superintendent, compose said board of education. 
 
 Section 6. Text-books—uniform system. The Legislature shall provide 
 for a uniform system of text-books for the common schools of the State. 
 
 Section 7. The Legislature shall provide for the teaching of the ele¬ 
 ments of agriculture, horticulture, stock feeding, and domestic science in 
 the common schools of the State. 
 
 Article V. Section 46. Limitations as to special and local laws—The 
 Legislature shall not, except as otherwise provided in this constitution, 
 pass any local or special law- authorizing: 
 
 (b) Local Affairs.—Regulating the affairs of counties, cities, towns, 
 wards, or school districts. 
 
 (q) Public Schools.—School houses—Regulating the management of 
 public schols, the building or repairing of school 
 houses, and the raising of money for such pur¬ 
 poses. 
 
 Article X. Section 9. Total tax on an ad valorem basis for all purposes, 
 including State, county, toicnship and city or town and school district — 
 additional schools. 
 
 Except as herein otherwise provided, the total taxes on an ad valorem 
 basis, for all purposes, State, county, township, city or town, and school 
 
 67 
 
district taxes, shall not exceed in any one year thirty-one and one-half 
 mills on the dollar, to be divided as follows: 
 
 State levy not more than three and one-half mills; 
 
 county levy not more than eight mills: Provided, That any county 
 may levy not exceeding two mills additional for county high school and 
 aid to the common schools of the county, not over one mill of which shall 
 be for such high school, and the aid to said common schools shall be ap¬ 
 portioned as provided by law; 
 
 township levy not more than five mills; 
 
 city or town levy, not more than ten mills; 
 
 school district levy, not more than five mills on the dollar for school 
 district purposes, for support of common schools: Provided, That the 
 aforesaid annual rate for school purposes may be increased by any school 
 district by an amount not to exceed ten mills on the dollar valuation, 
 on condition that a majority of the voters thereof voting at an election 
 vote for said increase. 
 
 Article X. Section 10. To erect public buildings in counties, cities or 
 school district—tax limit may be increased. 
 
 For the purpose of erecting public buildings in counties, cities or school 
 districts, the rate of taxation herein limited may be increased \tfhen the 
 rate of such increase and the purpose for which it is intended shall have 
 been submitted to a vote of the people, and a majority of the qualified 
 voters of such counties, cities, or school districts, voting at such election, 
 shall vote therefor: Provided, That such increase shall not exceed five 
 mills on the dollar of the assessed value of the taxable property in such 
 county, city, or school district. 
 
 Article XI. Section 2. Permanent ■ common school fund —All proceeds 
 of the sale of public lands that have heretofore been or may be hereafter 
 given by the United States for the benefit of the common schools of this 
 State, all such per centum as may be granted by the United States on 
 the sales of public lands, the sum of five million dollars appropriated to 
 the State for the use and benefit of the common schools in lieu of Sections 
 16 and 36, and other lands of the Indian Territory, the proceeds of all 
 property that shall fall to the State by escheat, the proceeds of all gifts 
 or donations to the State for common schools not otherwise appropriated 
 by the terms of the gifts, and such other appropriations, gifts, or dona¬ 
 tions as shall be made by the legislature for the benefit of the common 
 schools, shall constitute the permanent school fund, the income from which 
 shall be used for the maintenance of the common schools in the State. 
 The principal shall be deemed a trust fund held by the State, and shall 
 forever remain inviolate. It may be increased, but shall never be dimin¬ 
 ished. The State shall reimburse said permanent school fund for all 
 losses thereof which may in any manner occur, and no portion of said 
 fund shall be diverted for any other use or purpose. 
 
 Section 3. For common schools only —The interest or income of the 
 permanent school fund, the net. income from the leases of public lands 
 which have been or may be granted by the United States to the State for 
 the use and benefit of the common schools, together with any revenue 
 derived from taxes authorized to be levied for such purposes, and any 
 other sums which may be added thereto by law, shall be used and ap¬ 
 plied each year for the benefit of the common schools of the State, 
 and shall be, for this purpose, apportioned among and between all the 
 several common school districts of the State in proportion to the school 
 population of the several districts, and no part of the fund shall ever be 
 diverted from this purpose, or used for any other purpose than the 
 support and maintenance of common schools for the equal benefit of all 
 the people of the State. 
 
 68 
 
Section 5. Lands for educational institutions. Section 13 in every por¬ 
 tion of the State which has been granted to the State, shall be preserved 
 for the use and benefit of the University of Oklahoma and the University 
 Preparatory School, one-third; of the normal schools now established or 
 hereafter to be established, one-third; and of the agricultural and me¬ 
 chanical college and colored agricultural and normal university one-third. 
 The said lands or the proceeds thereof as above apportioned to be divided 
 between the institutions as the legislature may prescribe; Provided, That 
 the said lands so reserved or the proceeds of the sale thereof, or of any 
 indemnity lands granted in lieu of section 13 shall be safely kept or in¬ 
 vested and preserved by the State as a trust, which shall never be di¬ 
 minished, but may be added to, and the income thereof, interest, rentals 
 or otherwise, only shall be used exclusively for the benefit of said edu¬ 
 cational institutions. Such educational institutions shall remain under 
 the exclusive control of the State, and no part of the proceeds arising from 
 the sale or disposal of any lands granted for educational purposes, or 
 the income or rental thereof, shall be used for the support of any re¬ 
 ligious or sectarian school, college or university, and no portion of the 
 funds arising from the sale of sections 13 or any indemnity lands selected 
 in lieu thereof, either principal or interest, shall ever be diverted either 
 temporarily or permanently from the purpose for which said lands were 
 granted to the State. 
 
 Section 6. Common School and Educational—Permanent Fund — Invest¬ 
 ment —The permanent common school and other educational funds shall 
 be invested in the first mortgages upon good and improved farm land 
 within the State (and in no case shall more than fifty per centum of the 
 reasonable valuation of lands without improvement be loaned on any 
 tract), Oklahoma State Bonds, county bonds, of the counties of Oklahoma, 
 school district bonds of the school districts of Oklahoma, United States 
 bonds; preference to be given to the securities in the order named. 
 
 The legislature shall provide the manner of selecting the securities 
 aforesaid, prescribe the rules, regulations, restrictions and conditions up¬ 
 on which the funds aforesaid shall be loaned or invested, and do all 
 things necessary for the safety of the fund and the permanency of the 
 investment. 
 
 CONSTITUTION OF OREGON—Amended to 1902 
 Education and School Lands 
 Article VIII 
 
 Section 1. The Governor shall be superintendent of public instruction 
 and his powers and duties in that capacity shall be such as may be pre¬ 
 scribed by law; but after the term of five years from the adoption of this 
 constitution (1857) it shall be competent for the legislative assembly to 
 provide by law for the election of a superintendent, to provide for his 
 compensation and prescribe his powers and duties. 
 
 Section 2. The proceeds of all the lands which have been or hereafter 
 may be, granted to this State for educational purposes (excepting the lands 
 heretofore granted to aid in the establishment of a university) : all the 
 moneys and clear proceeds of all property which may accrue to the State 
 by escheat or forfeiture; all moneys which may be paid as exemption from 
 military duty; the proceeds of all gifts, devises and bequests made by any 
 person to the State for common school purposes; the proceeds of all 
 property granted to the State, when the purposes of such grants shall not 
 be stated; all the proceeds of the five hundred thousand acres of land tc 
 
 69 
 
which the State is entitled by the provisions of an Act of Congress, entitled 
 “An Act to appropriate the proceeds of the sales of the public lands, and 
 to grant preemption rights,” approved the fourth of September, 1841; and 
 also the five per centum of the net proceeds of the sales of the public lands 
 to which this State shall become entitled on her admission into the Union 
 (if Congress shall assent to such appropriation of the two grants last 
 mentioned), shall be set apart as a separate and irreducible fund, to be 
 called the common-school fund, the interest of which,' together with all 
 other revenues derived from the school lands mentioned in this section, 
 shall be exclusively applied to the support and maintenance of common 
 schools in each school district, and purchase of suitable libraries and 
 apparatus therefor. 
 
 Section 3. The legislative assembly shall provide by law for the estab¬ 
 lishment of a uniform and regular system of common schools. 
 
 Section 4. Provision shall be made by law for the distribution of the 
 income of the common-school fund among the several counties of the State, 
 in proportion to the number of children resident therein between the ages 
 of four and twenty years. 
 
 Section 5. The Governor, Secretary of State and State Treasurer shall 
 constitute a board of commissioners for the sale of school and university 
 lands, and for the investment of the funds arising therefrom, and their 
 powers and duties shall be such as may be prescribed by law. Provided, 
 that no part of the university funds, or of the interest arising therefrom, 
 shall be expended until the period of ten years from the adoption of this 
 constitution, unless the same shall be disposed of by the consent of Congress, 
 for common-school purposes. 
 
 CONSTITUTION OF PENNSYLVANIA—Amended to November 7, 1911 
 
 Article X 
 
 Section 1. Public School System. The General Assembly shall provide 
 for the maintenance and support of a thorough and efficient system of 
 public schools, wherein all the children of this Commonwealth above the age 
 of six years may be educated, and shall appropriate at least one million 
 dollars each year for that purpose. 
 
 Section 2. Diversion of School Moneys to Sectarian Schools. No money 
 raised for the support of the public schools of the Commonwealth shall be 
 appropriated to or used for the support of any sectarian school. 
 
 Section 3. Women Eligible as School Officers. Women twenty-one years 
 of age and upwards shall be eligible to any office of control or management 
 under the school laws of t^iis State. 
 
 Article III 
 
 Section 7. Special and Local Legislation Limited. The General Assembly 
 shall not pass any local or special law: 
 
 Regulating the affairs of counties, cities, townships, wards, boroughs or 
 school districts. 
 
 Regulating the management of public schools, the building or repairing 
 of school houses, and the raising of money for such purposes. 
 
 Erecting new townships or boroughs, changing township lines, borough 
 limits or school districts. 
 
 Creating offices or prescribing the powers and duties of officers in coun¬ 
 ties, cities, boroughs, townships, election or school districts. 
 
 Section 17. Appropriations to Charitable and Educational Institutions. 
 No appropriation shall be made to any charitable or educational institution 
 not under the absolute control of the Commenwealth, other than normal 
 
 70 
 
schools established by law for the professional training of teachers for the 
 public schools of the State, except by a vote of two-thirds of all the members 
 elected to each House. 
 
 Article IV 
 
 Section 1. Executive Department. The Executive Department of this 
 Commonwealth shall consist of a Governor, Lieutenant-Governor, Secretary 
 of the Commonwealth, Attorney-General, Auditor-General, State Treasurer, 
 Secretary of Internal Affairs and a Superintendent of Public Instruction. 
 
 Section 8. Appointing Power of Governor. Vacancies. Confirmation by 
 the Senate. He shall nominate, and by and with the advice and consent 
 of two-thirds of all the members of the Senate, appoint a Secretary of the 
 Commonwealth and an Attorney-General during pleasure, a Superintendent 
 of Public Instruction for four years, and such other officers of the Com¬ 
 monwealth as he is or may be authorized by the constitution or by law to 
 appoint; he shall have power to fill all vacancies that may happen in 
 offices to which he may appoint, during the recess of the Senate, by granting 
 commissions which shall expire at the end of their next session; he shall 
 have power to fill any vacancy that may happen, during the recess of the 
 Senate, in the office of the Auditor-General, State Treasurer, Secretary of 
 Internal Affairs or Superintendent of Public Instruction, in a judicial office, 
 or in any other elective office which he is or may be authorized to fill; 
 if the vacancy shall happen during the session of the Senate, the Governor 
 shall nominate to the Senate, before their final adjournment, a proper 
 person to fill said vacancy; but in any such case of vacancy in an elective 
 office a person shall be chosen to said office on the next election day appro¬ 
 priate to such office according to the provisions of this constitution, unless 
 the vacancy shall happen within two calendar months immediately pre¬ 
 ceding such election day, in which case the election for said office shall be 
 held on the second succeeding election day appropriate to such office. In 
 acting on executive nominations the Senate shall sit with open doors, and 
 in confirming or rejecting the nominations of the Governor the vote shall 
 be taken by yeas and nays and shall be entered on the journal. 
 
 (Amendment of November 2, 1909.) 
 
 Article VI 
 
 Section 4. Tenure of Office. Removals from Office. All officers shall 
 hold their office on the condition that they behave themselves well while 
 in office, and shall be removed on conviction of misbehavior in office or of 
 any infamous crime. Appointed officers, other than judges of the courts of 
 record and the Superintendent of Public Instruction, may be removed at 
 the pleasure of the power by which they shall. have been appointed. All 
 officers elected by the people, except Governor, Lieutenant-Governor, mem¬ 
 bers of the General Assembly and judges of the courts of record learned in 
 the law, shall be removed by the Governor for reasonable cause after due 
 notice and full hearing, on the address of two-thirds of the Senate. 
 
 CONSTITUTION OF RHODE ISLAND 
 Article XII 
 
 Section 1. The diffusion of knowledge, as well as of virtue, among the 
 people, being essential to the preservation of their rights and liberties, it 
 shall be the duty of the general assembly to promote public scools, and to 
 adopt all means which they may deem necessary and proper to secure to 
 the people the advantages and opportunities of education. 
 
 Section 2. The money which now is or which may hereafter be appro¬ 
 priated by law for the establishment of a permanent fund for the support 
 
 71 
 
of public schools, shall be securely invested, and remain a perpetual fund 
 for that purpose. 
 
 Section 3. All donations for the support of public schools, or for other 
 purposes of education, which may be received by the general assembly, shall 
 be applied according to the terms prescribed by the donors. 
 
 Section 4. The general assembly shall make all necessary provisions by 
 law for carrying this article into effect. They shall not divert said money 
 or fund from the aforesaid uses, nor borrow, appropriate, or use the same, 
 or any part thereof, for any other purpose under any pretense whatsoever. 
 
 CONSTITUTION OF SOUTH CAROLINA—Amended to 1914 
 Article NI 
 
 Section 1. The supervision of public instruction shall be vested in a 
 State superintendent of education, who shall be elected for the term of two 
 years by the qualified electors of the State, in such manner and at such 
 time as tbe other State officers are elected; his powers, duties and com¬ 
 pensation shall be defined by the General Assembly. 
 
 Section 2. There shall be a State Board of Education, composed of the 
 Governor, the State Superintendent of Education, and not exceeding seven 
 persons to be appointed by the Governor every four years, of which Board 
 the Governor shall be chairman, and the State Superintendent of Education 
 secretary. This Board shall have the regulation of examination of teachers 
 applying for certificates of qualification, and shall award all scholarships, 
 and have such other powers and duties as may be determined bv law. The 
 traveling expenses of the persons to be appointed shall be provided for by 
 the General Assembly. 
 
 Section 3. The General Assembly shall make provision for the election 
 or appointment of all other necessary school officers, and shall define their 
 qualifications, powers, duties, compensation and terms of office. 
 
 Section 4. The salaries of the State and county school officers and 
 compensation of county treasurers for collecting and disbursing school 
 moneys shall not be paid out of the school funds, but shall be otherwise pro¬ 
 vided for by the General Assembly. 
 
 Section 5. The General Assembly shall provide for a liberal system of 
 free public schools for all children between the ages of 6 and 21 years, 
 and for the division of the counties into suitable school districts, as 
 compact in form as practicable, having regard to natural boundaries, and 
 not to exceed forty-nine or be less than nine square miles in area: Pro¬ 
 vided, that in cities of 10,000 inhabitants and over, this limitation of 
 area shall not apply: Provided further, that when any school district 
 laid out under this section shall embrace cities or towns already organized 
 into special school districts in which graded school buildings have been 
 erected by the issue of bonds, or by special taxation, or by donation, all 
 the territory included in said school district shall bear its just propor¬ 
 tion of any tax that may be levied to liquidate such bonds or support the 
 public schools therein: Provided further, that nothing in this article con¬ 
 tained shall be construed as a repeal of the laws under which the several 
 graded school districts of this State are organized. The present division of 
 the counties into school districts and the provisions of law now governing 
 the same shall remain until changed by the General Assembly. 
 
 Section 6. The existing county boards of commissioners of the several 
 counties, or such officer or officers as may hereafter be vested with the same 
 or similar powers and duties, shall levy an annual tax of three mills on 
 the dollar upon all the taxable property in their respective counties, which 
 tax shall be collected at the same time and by the same officers as the other 
 
 72 
 
taxes for the same year, and shall be held in the county treasury of the 
 respective counties; and the said fund shall be apportioned among the 
 school districts of the county in proportion to the number of pupils enrolled 
 in the public schools of the respective districts, and the officer or officers 
 charged by law with making said apportionment shall notify the trustees 
 of the respective school districts thereof, who shall spend and disburse 
 the same as the General Assembly may prescribe. The General Assembly 
 shall define “enrollment.” Not less than three trustees for each school 
 district shall be selected from the qualified voters and taxpayers therein, in 
 such manner and for such terms as the General Assembly may determine, 
 except in cases of special school districts now existing, where the provisions 
 of law now governing the same shall remain until changed by the General 
 Assembly. Provided, the manner of the selection of said trustees need not 
 be uniform throughout the State. There shall be assessed on all taxable 
 polls in the State between the ages of 21 and 60 years (excepting Confed¬ 
 erate soldiers above the age of 50 years), an annual tax of one dollar on 
 each poll, the proceeds of which tax shall be expended for school purposes 
 in the several school districts in which it is collected. Whenever during 
 the three next ensuing fiscal years the tax levied by the said county boards 
 of commissioners or similar officers, and the poll tax, shall not yield an 
 amount equal to three dollars per capita of the number of children enrolled 
 in the public schools of each county for the scholastic year ending the 31st 
 day of October in the year 1895, as it appears in the report of the State 
 Superintendent of Education for said scholastic year, the Comptroller- 
 General shall, for the aforesaid three next ensuing fiscal years, on the first 
 day of each of said years, levy such an annual tax on the taxable property 
 of the State as he may determine to be necessary to make up such de¬ 
 ficiency, to be collected as other State taxes, and apportion the same among 
 the counties of the State in proportion to the respective deficiencies therein. 
 The sum so apportioned shall be paid by the State treasurer to the respec¬ 
 tive counties, in proportion to the respective deficiencies therein, on the 
 warrant of the Comptroller-General, and shall be apportioned among the 
 school districts of the counties, and disbursed as other school funds; and 
 from and after the 31st day of December, in the year 1898, the General 
 Assembly shall cause to be levied annually on all the taxable property of 
 the State such a tax, in addition to the said tax levied by the said County 
 Board of Commissioners or similar officers, and poll tax above provided, as 
 may be necessary to keep the schools open throughout the State for such 
 length of time in each scholastic year as the General Assembly may pre¬ 
 scribe; and said tax shall be apportioned among the counties in proportion 
 to the deficiencies therein and disbursed as other school funds. Any school 
 district may by the authority of the General Assembly levy an additional 
 tax for the support of its schools. 
 
 Section 7. Separate schools shall be provided for children of the white 
 and colored races, and no child of either race shall ever be permitted to 
 attend a school provided for children of the other race. 
 
 Section 8. The General Assembly may provide for the maintenance of 
 Clemson Agricultural College, the University of South Carolina and the 
 Winthrop Normal and Industrial College, a branch thereof, as now estab¬ 
 lished by law, and may create scholarships therein; the proceeds realized 
 from the land scrip given by the Act of Congress passed the second day of 
 July in the year 1862, for the support of an agricultural college, and any 
 lands or funds which have heretofore been or may hereafter be given or 
 appropriated for educational purposes by the Congress of the United 
 States, shall be applied as directed in the acts appropriating the same; 
 Provided, That the General Assembly shall, as soon as practicable, wholly 
 separate Claflin College from Claflin University and provide for a separate 
 
corps of professors and instructors therein, representation to be given to 
 men and women of the negro race; and it shall be the Colored Normal, 
 Industrial, Agricultural and Mechanical College of the State. 
 
 Section 9. The property or credit of the State of South Carolina, or of 
 any county, city, town, township, school district or other subdivision of 
 the said State, or any public money, from whatever source derived, shall 
 not, by gift, donation, loan, contract, appropriation or otherwise, he used 
 directly or indirectly, in aid or maintenance of any college, school, hospital, 
 orphan house or other institution, society or organization, of whatever 
 kind, which is wholly or in part under the direction or control of any 
 religious or sectarian denomination, society or organization. 
 
 Section 10. All gifts of every kind for educational purposes, if accepted 
 by the General Assembly, shall be applied and used for the purposes desig¬ 
 nated by the giver, unless the same be in conflict with the provisions of this 
 constitution. 
 
 Section 11. All gifts to the State where the purpose is not designated, 
 all escheated property, the net assets or funds of all estates or copartner¬ 
 ships in the hands of the courts of the State where there have been no 
 claimants for the same within the last seventy years, and other money 
 coming into the treasury of the State by reason of the twelfth section of 
 an act entitled, “An Act to provide a mode of distribution of the moneys as 
 direct tax from the citizens of this State by the United States in trust to 
 the State of South Carolina,” approved the 24th day of December in the 
 year 1891, together with such other means as the General Assembly may 
 provide, shall be securely invested as the State school fund, and the annual 
 income thereof shall be apportioned by the General Assembly for the pur¬ 
 pose of maintaining public schools. 
 
 Section 12. All the net income to be derived by the State from the 
 sale or license for the sale of 'spirituous, malt, vinous and intoxicating 
 liquors and beverages, not including so much thereof as is now or may 
 hereafter be allowed by law to go to the counties and municipal corpora¬ 
 tions of the State, shall be applied annually in aid of the supplementary 
 taxes provided for in the sixth section of this article; and if after said 
 application there should be a surplus, it shall be devoted to public school 
 purposes, and apportioned as the General Assembly may determine; Pro¬ 
 vided, however, that the said supplementary taxes shall only be levied when 
 the net income aforesaid from the sale or license for the sale of alcoholic 
 liquors or beverages are not sufficient to meet and equalize the deficiencies 
 for which the said supplementary taxes are provided. 
 
 SOUTH DAKOTA CONSTITUTION—Amended to 1898 
 Article VIII 
 
 Education and School Lands 
 
 Section 1. The stability of a republican form of government depending 
 on the morality and intelligence of the people it shall be the duty of the 
 legislature to establish and maintain a general and uniform system of 
 public schools wherein tuition shall be without charge, and equally open 
 to all; and to adopt all suitable means to secure to the people the ad¬ 
 vantages and opportunities of education. 
 
 Section 2. All proceeds of the sale of public lands that have heretofore 
 been or may hereafter be given by the United States for the use of public 
 schools in the State; all such per centum as may be granted by the United 
 States on the sales of public lands; the proceeds of all property that shall 
 fall to the State by escheat; the proceeds of all gifts or donations to the 
 
 74 
 
State for public schools or not otherwise appropriated by the terms of the 
 gift; and all property otherwise acquired for public schools, shall be and 
 remain a perpetual fund for the maintenance of public schools in the 
 State. It shall be deemed a trust fund held by the State. The principal 
 shall forever remain inviolate, and may be increased, but shall never be 
 diminished, and the State shall make good all losses thereof which may in 
 any manner occur. 
 
 Section 3. The interest and income of this fund, together with the net 
 proceeds of all fines for violation of State laws and all other sums which 
 may be added thereto by law, shall be faithfully used and applied each year 
 for the benefit of the public schools of the State, and shall be for this pur¬ 
 pose apportioned among and between all the several public school cor¬ 
 porations of the State in proportion to the number of children in each of 
 school age, as may be fixed by law; and no part of the fund, either prin¬ 
 cipal or interest, shall ever be diverted, even temporarily, from this purpose 
 or used for any other purpose whatever than the maintenance of public 
 schools for the equal benefit of all the people of the State. 
 
 Section 4. After one year from the assembling of the first legislature, 
 the lands granted to the State by the United States for the use of public 
 schools may be sold upon the following conditions and no other: Not more 
 than one-third of all such lands shall be sold within the first five years, 
 and no more than two-thirds within the first fifteen years after the title 
 thereto is vested in the State, and the legislature shall, subject to the pro¬ 
 visions of this article, provide for the sale of the same. 
 
 The commissioner of school and public lands, the State auditor and the 
 county superintendent of schools of the counties severally, shall constitute 
 boards of appraisal and shall appraise all school lands within the several 
 cofinties which they may from time to time select and designate for sale, at 
 their actual value under the terms of sale. They shall take care to first 
 select and designate for sale the most valuable lands; and they shall ascer¬ 
 tain all such lands as may be of special and peculiar value, other than 
 agricultural, and cause the proper subdivision of the same in order that 
 the largest price may be obtained therefor. 
 
 Section 5. No land shall be sold for less than the appraised value, and 
 in no case for less than ten dollars an acre. The purchaser shall pay one- 
 fourth of the price in cash, and the remaining three-fourths as follows: 
 One-fourth in five years, one-fourth in ten years and one-fourth in fifteen 
 years; with interest thereon at the rate of not less than six per centum, 
 payable annually in advance, but all such subdivided lands may be sold 
 for cash, provided that upon payment of the interest for one full year in 
 advance the balance of the purchase price may be paid at any time. All sales 
 shall be at public auction to the highest bidder, after 60 days’ advertise¬ 
 ment of the same in a newspaper of general circulation in the vicinity of 
 the lands to be sold, and one at the seat of government. Such lands as 
 shall not have been specially subdivided shall be offered in tracts of not 
 more than eighty acres, and those so subdivided in the smallest subdivi¬ 
 sions. All lands designated for sale and not sold within four years after 
 appraisal shall be reappraised by the board of appraisal as hereinbefore 
 provided before they are sold. 
 
 Section 6. All sales shall be conducted through the office of the commis¬ 
 sioner of schools and public lands as may be prescribed by law, and returns 
 of all appraisals and sales shall be made to said office. No sale shall 
 operate to convey any right or title to any lands for sixty days after the 
 date thereof, nor until the same shall have received the approval of the 
 governor in such form as may be provided by law. No grant or patent for 
 any such lands shall issue until final payment be made. 
 
 Section 7. All lands, money or other property donated, granted or re- 
 
 75 
 
ceived from the United States or any other source for a university, agri¬ 
 cultural college, normal school or other educational or charitable institu¬ 
 tion or purpose, and the proceeds of all such lands and other property so 
 received from any source, shall be and remain perpetual funds, the interest 
 and income of which, together with the rents of all such lands as may re¬ 
 main unsold, shall be inviolably appropriated and applied to the specific 
 objects of the original grants or gifts. The principal of every such fund 
 may be increased, but shall never be diminished, and the interest and in¬ 
 come only shall be used. Every such fund shall be deemed a trust fund 
 held by the State, and the State shall make good all losses therefrom that 
 shall in any manner occur. 
 
 Section 8. All lands mentioned in the preceding section shall be ap¬ 
 praised and sold in the manner and by the same officers and boards under 
 the same limitations and subject to the same conditions as to price, sale 
 and approval provided above for the appraisal and sale of lands for the 
 benefit of public schools, but a distinct and separate account shall be kept 
 by the proper officers of each of such funds. 
 
 Section 9. No lands mentioned in this article shall be leased except for 
 pasturage and meadow purposes and at public auction after notice as here¬ 
 inbefore provided in case of sale and shall be offered in tracts not greater 
 than one section. All rents shall be payable annually in advance, and no 
 term of lease shall exceed five years, nor shall any lease be valid until it 
 receives the approval of the governor. 
 
 Section 10. No claim to any public lands by any trespasser thereon by 
 reason of occupancy, cultivation or improvement thereof shall ever be 
 recognized; nor shall compensation ever be made on account of any im¬ 
 provements made by such trespasser. 
 
 Section 11. The moneys of the permanent school and other educational 
 funds shall be invested only in first mortgages upon good improved farm 
 lands within this State as hereinafter provided, or in bonds of school 
 corporations within the State, or in bonds of the United States, or of the 
 State of South Dakota. The legislature shall provide by law the method 
 of determining the amounts of said funds which shall be invested from 
 time to time in such classes of securities respectively, taking care to secure 
 continuous investments as far as possible. 
 
 All moneys of said funds which may from time to time be designated for 
 investment in farm mortgages and in the bonds of school corporations 
 shall for such purpose be divided among the organized counties of the 
 State in proportion to population as nearly as provisions by law to secure 
 continuous investments may permit. The several counties shall hold and 
 manage the same as trust funds, and they shall be and remain responsible 
 and accountable for the principal and interest of all such moneys received 
 by them from the date of receipt until returned because not loaned; and in 
 case of loss of any money so appropriated to any county, such county shall 
 make the same good out of its common revenue. Counties shall invest said 
 money in bonds of school corporations, or in first mortgages upon good 
 improved farm lands within their limits respectively; but no farm loan 
 shall exceed $500 to any one person, nor shall it exceed one-half the valu¬ 
 ation of- the lands as assessed for taxation, and the rate of interest shall 
 not be less than 6 per centum per annum, and shall be such other and 
 higher rate as the legislature may provide, and shall be payable semi¬ 
 annually on the first days of January and July; provided, that whenever 
 there are moneys of said funds in any county amounting to $1,000 that 
 cannot be loaned according to the provisions of this section and any law 
 pursuant thereto, the said sum may be returned to the State treasurer to 
 
 76 
 
be entrusted to some other county or counties, or otherwise invested under 
 the provisions of this section. 
 
 Each county shall semi-annually, on the first day of January and July, 
 render an account of the condition of the funds intrusted to it to the 
 auditor of State, and at the same time pay to or account to the State 
 treasurer for the interest due on all funds intrusted to it. 
 
 The legislature may provide by general law that counties may retain 
 from interest collected in excess of six per centum per annum upon all said 
 funds intrusted to them, not to exceed one per centum per annum. But 
 no county shall be exempted from the obligation to make semi-annual pay¬ 
 ments to the State treasury of interest at the rate provided by the law for 
 such loans, except only said one per centum, and in no case shall the in¬ 
 terest so to be paid be less than six per centum per annum. 
 
 The legislature shall provide by law for the safe investment of the per¬ 
 manent school and other educational funds, and for the prompt collection 
 of interest and income thereof, and to carry out the objects and provisions 
 of this section. 
 
 Section 12. The governor may disapprove any sale, lease or investment 
 other than such as are intrusted to the counties. 
 
 Section 13. All losses to the permanent school or other educational 
 funds of this State which shall have been occasioned by the defalcation, 
 negligence, mismanagement or fraud of the agents or officers controlling 
 and managing the same, shall be audited by the proper authorities of the 
 State. The amount so audited shall be a permanent funded debt against 
 the State in favor of the fund sustaining the loss upon which not less than 
 six per centum annual interest shall be paid. The amount of indebtedness 
 so created shall not be counted as a part of the indebtedness mentioned in 
 Article XIII, Section 2. 
 
 Section 14. The legislature shall provide by law for the protection of the 
 school lands from trespass or unlawful appropriation, and for their defense 
 against all unauthorized claims or efforts to divert them from the school 
 fund. 
 
 Section 15. The legislature shall make such provisions by general tax¬ 
 ation, and by authorizing the school corporations to levy such additional 
 taxes as with the income from the permanent school fund shall secure a 
 thorough and efficient system of common schools through the State. 
 
 Section 16. No appropriation of land, or other property or credits to aid 
 any sectarian school shall ever be made by the State, or any county or 
 municipality within the State, nor shall the State or any county or munici¬ 
 pality within the State accept any grant, conveyance, gift or bequest of 
 lands, money or other property to be used for sectarian purposes, and no 
 sectarian instruction shall be allowed in any school or institution aided 
 or supported by the State. 
 
 Section 17. No teacher, State, county, township or district school officer 
 shall be interested in the sale, proceeds or profits of any book, apparatus 
 or furniture used or to be used in any school in this State, under such 
 penalties as shall be provided by law. 
 
 Amendments, November 4, 1902 
 
 Article VIII, Section 2. The rate of interest upon all investments of 
 the permanent school or other educational funds mentioned in Section 2 of 
 Article VIII of the constitution of this State is hereby changed and re¬ 
 duced from six per centum per annum to five per centum per annum, wher¬ 
 ever‘the said words “six per centum per annum” occur in said section. 
 That if the foregoing amendment shall be approved and ratified by the 
 
people at said election, as provided by Article XXIII of the constitution, 
 said Section 2 of Article VIII of the constitution shall be thereby amended 
 by striking out the said words, “six per centum per annum” wherever they 
 occur in said Section 2 and substituting in lieu thereof the words “five 
 per centum per annum.” 
 
 Amendments, November 8, 1904 
 
 Article VIII, Section 2. The moneys of the permanent school and other 
 educational funds shall be invested only in first mortgages upon gooii im¬ 
 proved farm lands within this State, as hereinafter provided, or in bonds 
 of school corporations within this State, or in bonds of the United States 
 or of the State of South Dakota, or of any organized county, township or 
 incorporated city in said State. The legislature shall provide by law the 
 method of determining the amount of said funds, which shall be invested 
 from time to time in such classes of securities respectively, taking care to 
 secure continuous investments as far as possible. 
 
 All moneys of said funds which may from time to time be designated for 
 investment in farm mortgages and in the bonds of school corporations, or 
 in bonds or organized counties, townships or incorporated cities within 
 this State, shall for such purpose be divided among the organized counties 
 of the State in proportion to population as nearly as provisions by law to 
 secure continuous investment may permit. The several counties shall hold 
 and manage the same as trust funds, and they shall be and remain respon¬ 
 sible and accountable for the principal and interest of all such moneys 
 received by them from the date of receipt until returned because not loaned; 
 and in case of loss of any money so apportioned to any county, such county 
 shall make the same good out of its common revenue. Counties shall invest 
 said money in bonds of school corporations, counties, townships or cities, or 
 in first mortgages upon good improved farm lands within their limits re¬ 
 spectively. The amount of each loan shall not exceed one-third of the 
 actual value of the lands covered by the mortgage given to secure the same, 
 such value to be determined by the board of county commissioners of the 
 county in which the land is situated, and in no case shall more than five 
 thousand dollars ($5,000) be loaned to any one person, firm or corpora¬ 
 tion, and the rate of interest shall not be less than five per cent, per annum, 
 and shall be such other and higher rate as the legislature may provide, and 
 shall be payable semi-annually on the first day of January and July; pro¬ 
 vided, that whenever there are moneys of said fund in any county amount¬ 
 ing to one thousand dollars that cannot be loaned according to the provi¬ 
 sions of this section, and any law pursuant thereto, the said sum may be 
 returned to the State treasurer to be intrusted to some other county or 
 counties, or otherwise invested under the provisions of this section. 
 
 Each county shall semi-annually, on the first day of January and July, 
 render an account of the condition of the funds intrusted to it to the 
 auditor of the State, and at the same time pay to or account to the State 
 treasurer for the interest due on all funds intrusted to it. 
 
 The legislature may provide by general law that counties may retain 
 from interest collected in excess of five per centum per annum upon all said 
 funds intrusted to them, not to exceed one per centum per annum. But 
 no county shall be exempted from the obligation to make semi-annual pay¬ 
 ments to the State treasurer of interest at the rate provided by law for 
 such loans, except only said one per centum, and in no case shall the in¬ 
 terest, so to be paid, be less than five per centum per annum. 
 
 The legislature shall provide by law for the safe investment of the per¬ 
 manent school or other educational funds and for the prompt collection of 
 interest and income thereof, and to carry out the objects and provisions of 
 this section. 
 
 78 
 
CONSTITUTION OF TENNESSEE—ADOPTED 1870 
 
 Section 12. Education to be cherished; common school fund; poll tax; 
 whites and negroes; colleges, etc., rights of. 
 
 Knowledge, learning, and virtue being essential to the preservation of 
 republican institutions, and the diffusion of the opportunities and advan¬ 
 tages of education throughout the different portions of the State, being 
 highly conducive to the promotion of this end, it shall be the duty of the 
 General Assembly, in all future periods of this government, to cherish 
 literature and science. And the fund called the common school fund, and 
 all the lands and proceeds thereof, dividends, stocks, and other property 
 of every description whatever, heretofore by law appropriated, by the 
 General Assembly of this State for the use of common schools, and all 
 such as shall hereafter be appropriated, shall remain a perpetual fund, the 
 principal of which shall never be diminished by legislative appropriations; 
 a,nd the interest thereof shall be inviolably appropriated to the support 
 and encouragement of common schools throughout the State, and for the 
 equal benefit of all the people thereof; and no law shall be made authoriz¬ 
 ing said fund or any part thereof to be diverted to any other use than the 
 support and encouragement of common schools. The State taxes derived 
 hereafter from polls shall be appropriated to educational purposes, in 
 such manner as the General Assembly shall, from time to time, direct by 
 law. No school established or aided under this section shall allow white 
 and negro children to be received as scholars together in the same school. 
 The above provisions shall not prevent the Legislature from carrying into 
 effect any laws that have been passed in favor of the colleges, universities, 
 or academies, or from authorizing heirs or distributees to receive and 
 enjoy escheated property under such laws as shall be passed from time to 
 “time. 
 
 Note. —A letter from the Secretary of State of Tennessee, dated April 
 11, 1911, states that no amendments have ever been adopted. 
 
 A subsequent note appears in volume “Letter December 10, 1913, states 
 that no recent amendments were made.” 
 
 TEXAS CONSTITUTION—AMENDED TO 1910 
 Article VII 
 
 Education—the Public Free Schools 
 
 Section 1. A general diffusion of knowledge being essential to the 
 “preservation of the liberties and rights of the people, it shall be the duty 
 of the Legislature of the State to establish and make suitable provision 
 lor the support and maintenance of an efficient system of public free 
 schools. 
 
 Section 2. All funds, lands and other property heretofore set apart and 
 appropriated for the support of public schools, all the alternate sections 
 of land reserved by the State out of grants heretofore made or that may 
 hereafter be made to railroads or other corporations, of any nature what¬ 
 soever, one-half of the public domain of the State, and all sums of money 
 that may come to the State from the sale of any portion of the same, shall 
 constitute a perpetual school fund. 
 
 Section 3. There shall be set apart annually not more than one-fourth 
 of the general revenue of the State, and a poll tax of one dollar on all male 
 
 79 
 
inhabitants in this State between the ages of twenty-one and sixty years, 
 for the benefit of the public free schools. (Const., 1876.) 
 
 Section 3. One-fourth of the revenue derived from the State occupa¬ 
 tion taxes, and a poll tax of one dollar on every male inhabitant of thi& 
 State between the ages of 21 and 60 years, shall be set apart annually 
 for the benefit of the public free schools, and, in addition thereto, there 
 shall be levied and collected an annual ad valorem State tax of such 
 amount, not to exceed 20 cents on the one hundred dollars valuation, as, 
 with the available school fund arising from all other sources, will be 
 sufficient to maintain and support the public free schools of this State for 
 a period of not less than 6 months in each year; and the Legislature may 
 also provide for the formation of school districts within all or any of the 
 counties of this State, by general or special law, without the local notice 
 required in other cases of special legislature, and may authorize an addi¬ 
 tional annual ad valorem tax to be levied and collected within such school 
 districts for the further maintenance of public free schools and the erec¬ 
 tion of school buildings therein; PROVIDED, that two-thirds of the quali¬ 
 fied property tax-paying voters of the district, voting at an election to be 
 held for that purpose, shall vote such tax, not to exceed in any one year 
 20 cents on the one hundred dollars valuation of the property subject to 
 taxation in such district, but the limitation upon the payment of district 
 tax herein authorized shall not apply to incorporated cities or towns con¬ 
 stituting separate and independent school districts. (Amend. 1883.) 
 
 Section 3. One-fourth of the revenue derived from the State occupation 
 taxes and a poll tax of one dollar on every male inhabitant of this State 
 between the ages of 21 and 60 years shali be set apart annually for the 
 benefit of the public free schools, and in addition thereto there shall be 
 levied and collected an annual ad valorem State tax of such amount not to 
 exceed 20 cents on the one hundred dollars valuation, as with the available 
 school fund arising from all other sources, will be sufficient to maintain 
 and support the public free schools of this State for a period of not less 
 than 6 months in each year, and the Legislature may also provide for the 
 formation of school districts within all or any of the counties of thi§ 
 State by general or special law, without the local notice required in other 
 cases of special legislation, and may authorize an additional ad valorem 
 tax to be levied and collected within such school districts for the further 
 maintenance of public free schools, and the erection and equipment of 
 school buildings therein; PROVIDED, that a majority of the qualified 
 property taxpaying voters of the district, voting at an election to be held 
 for that purpose, shall vote such tax, not to exceed in any one year 5(1 
 cents on the one hundred dollars valuation of the property subject to tax¬ 
 ation in such district, but the limitation upon the amount of district tax 
 herein authorized shall not apply to incorporated cities or towns constitut¬ 
 ing separate and independent school districts. (Amd. 1908.) 
 
 (Section 3, Article 7, declared adopted September 24, 1909.) 
 
 Section 3. One-fourth of the revenue derived from the State occupation 
 taxes and a poll tax of $1 on every male inhabitant of this State between 
 the ages of 21 and 60 years shall be set apart annually for the benefit of 
 the public free schools, and in addition thereto there shall be levied and 
 collected an annual ad valorem State tax of such an amount, not to exceed 
 20 cents on the $100 valuation, as with the available school fund arising 
 from all other sources, will be sufficient to maintain and support the 
 public free schools of this State for a period of not less than 6 months in 
 each year, and the Legislature may also provide for the formation of school 
 districts by general or special law, without the local notice required in 
 other cases of special legislation, and all such school districts, whether 
 
 80 
 
created by general or special law may embrace parts of two or more 
 counties. And the Legislature shall be authorized to pass laws for the 
 assessment and collection of taxes in all said districts and for the 
 management and control of the public school or schools of such districts* 
 whether such districts are composed of territory wholly within a county 
 or in parts of two or more counties. And the Legislature may authorize 
 an additional ad valorem tax to be levied and collected within all school 
 districts heretofore formed or hereafter formed for the further maintenance 
 of public free schools, and the erection and equipment of school buildings 
 therein, provided that a majority of the qualified property tax-paying 
 voters of the district, voting at an election to be held for that purpose, 
 shall vote such tax, not to exceed in any one year 50 cents on the $100’ 
 valuation of the property subject to taxation in such district, but the 
 limitation upon the amount of school district tax herein authorized shall 
 not apply to incorporated cities or towns constituting separate and inde¬ 
 pendent school districts. 
 
 Section 3a. Every school district heretofore formed, whether formed’ 
 under the general law or by special act, and whether the territory em¬ 
 braced within its boundaries lies wholly within a single county or partly 
 in two or more counties, is hereby declared to be, and from its formation- 
 to have been, a valid and lawful district. 
 
 All bonds heretofore issued by any such districts which have been 
 approved by the Attorney-General and registered by the Comptroller are 
 hereby declared to be, and at the time of their issuance to have been, 
 issued in conformity with the Constitution and laws of this State, and! 
 any and all such bonds are hereby in all things validated and declared to 
 be valid and binding obligations upon the district or districts issuing same. 
 
 Each such district is hereby authorized to, and shall, annually levy 
 and collect an ad valorem tax sufficient to pay the interest on all such 
 bonds, and to provide a sinking fund sufficient to redeem the same at 
 maturity, not to exceed such a rate as may be provided by law under 
 other provisions of this Constitution. And all trustees heretofore elected 
 in districts made up of more than one county are hereby declared to have 
 been duly elected, and shall be and are hereby named as trustees of their 
 respective districts, with power to levy the taxes herein authorized until 
 their successors shall be duly elected and qualified as is or may be provided 
 by law. 
 
 Section 4. The lands herein set apart to the public free school fund! 
 shall be sold under such regulations, at such times and on such terms as. 
 may be prescribed by law; and the Legislature shall not have power to 
 grant any relief to purchasers thereof. The comptroller shall invest the 
 proceeds of such sales, and of those heretofore made, as may be directed 
 by the Board of Education herein provided for, in the bonds of this State, 
 if the same can be obtained, otherwise in United States bonds; and the 
 United States bonds now belonging to said fund shall likewise be invested 
 in State bonds, if the same can be obtained on terms advantageous to the 
 school fund. (Const. 1876.) 
 
 (Section 4, Article 7, declared adopted September 25, 1883.) 
 
 Section 4. The lands herein set apart to the public free school fund 
 shall be sold under such regulations, at such times, and on such terms as 
 may be prescribed by law; and the Legislature shall not have power to 
 grant relief to purchasers thereof. The Comptroller shall invest the pro¬ 
 ceeds of such sales, and of those heretofore made, as may be directed by 
 the Board of Education herein provided for, in the bonds of the United 
 States, the State of Texas, or counties of such State, or in such other 
 securities and under such restrictions as may be prescribed by law; and 
 the State shall be responsible for all investments. 
 
 81 
 
Section 5. The principal of all bonds and other funds, and the principal 
 arising from the sale of ’lands hereinbefore set apart to said school fund, 
 shall be the permanent school fund; and all the interest derivable there¬ 
 from and the taxes herein authorized and levied shall be the available 
 school fund, which shall be applied annually to the support of the public 
 free schools. And no laws shall ever be enacted appropriating any part of 
 the permanent or available school fund to any purpose whatever; nor shall 
 the same, or any part thereof, ever be appropriated to or used for the sup¬ 
 port of any sectarian school; and the available school fund herein provided 
 shall be distributed to the several counties according to their scholastic 
 population and applied in manner as may be provided by law. (Const. 
 1876.) 
 
 (Section 5, Article 7, declared adopted September 22, 1891.) 
 
 Section 5. The principal of all bonds and other funds, and the principal 
 arising from the sale of the lands hereinbefore set apart to said school 
 fund, shall be the permanent school fund; and all the interest derivable 
 therefrom and the taxes herein authorized and levied shall be the available 
 school fund, to which the Legislature may add not exceeding one per cent, 
 annually of the total value of the permanent school fund; such value to 
 be ascertained by the Board of Education until otherwise provided by 
 law; and the available school fund shall be applied annually to the sup¬ 
 port of the public free schools. And no law shall ever be enacted appropri¬ 
 ating any part of the permanent or available school fund to any other 
 purpose whatever; nor shall the same or any part thereof ever be appropri¬ 
 ated to or used for the support of any sectarian school; and the avail¬ 
 able school fund herein provided shall be distributed to the several counties 
 according to their scholastic population and applied in such manner as 
 may be provided by law. 
 
 Section 6. All lands heretofore or hereafter granted ijo the several 
 counties of this State for education, or schools, are of right the property 
 of said counties respectively to which they were granted, and title thereto 
 is vested in said counties, and no adverse possession or limitation shall 
 ever be available against the title of any county. Each county may sell 
 or dispose of its lands in whole or in part, in manner to be provided by 
 the commissioners court of the county. Actual settlers residing on said 
 lands shall be protected in the prior right of purchasing the same to the 
 extent of their settlement, not to exceed 160 acres, at the price fixed by 
 said court, which price shall not include the value of existing improve¬ 
 ments made thereon by such settlers. Said lands and the proceeds thereof, 
 when sold, shall be held by said counties alone as a trust for the benefit 
 of public schools therein; said proceeds to be invested in bonds of the 
 State of Texas, or of the United States, and only the interest thereon to 
 be used and expended annually. (Const. 1876.) 
 
 (Section 6, Article 7, declared adopted September 25, 1883.) 
 
 Section 6. All lands heretofore or hereafter granted to the several 
 counties of this State for educational purposes are of right the property 
 of said counties respectively to which they were granted, and title thereto 
 is vested in said counties, and no adverse possession or limitation shall 
 ever be available against the title of any county. Each county may sell or 
 dispose of its lands in whole or in part, in a manner to be provided by the 
 commissioners court of the county. Actual settlers residing on said land 
 shall be protected in the prior right of purchasing the same to the extent 
 of their settlement, not to exceed 160 acres, at the price fixed by said court, 
 which price shall not include the value of existing improvements made 
 thereon by such settlers. Said lands, and the proceeds thereof, when sold, 
 shall be held by said counties alone as a trust for the benefit of public 
 
 82 
 
schools therein; said proceeds to be invested in bonds of the United States, 
 the State of Texas, or counties in said State, or in such other securities, 
 and under such restrictions as may be prescribed by law; and the counties 
 shall be responsible for all investments; the interest thereon and other 
 revenue, except the principal, shall be available fund. 
 
 Section 7. Separate schools shall be provided for the white and colored 
 children, and impartial provision shall be made for both. 
 
 Section 8. The Governor, Comptroller and Secretary of State shall con¬ 
 stitute a board of education, who shall distribute said funds to the several 
 counties and perform such other duties concerning public schools as may 
 be prescribed by law. 
 
 CONSTITUTION OF UTAH—Amended to 1910 
 Article X 
 
 Section 1. Free 'Non-Sectarian Schools. The legislature shall provide 
 for the establishment and maintaining of a uniform system of public 
 schools, which shall be open to all children of the State, and be free from 
 sectarian control. 
 
 Section 2. Public School System, Maintenance. The public school sys¬ 
 tem shall include kindergarten schools, common schools consisting of 
 primary and grammar grades. High Schools, an Agricultural College, a 
 University and such other schools as the legislature may establish. The 
 common schools shall be free. The other departments of the system shall 
 be supported as provided by law. Provided that High Schools may be 
 maintained free in all cities of the first and second class now constituting 
 school districts and in such other cities and districts as may be designated 
 by the legislature. But where the proportion of school moneys apportioned 
 or accruing to any city or district shall not be sufficient to maintain all the 
 free schools in such city or district, the High School shall be supported by 
 local taxation. 
 
 Provided, that when any cities or districts shall establish High Schools, 
 the legislature may authorize the use of State school funds to assist in 
 supporting such schools, said funds being apportioned to the cities or dis¬ 
 tricts concerned by the State board of education. 
 
 (Amendment adopted November 6, 1906.) 
 
 Section 3. Declaring What Shall Constitute the State School Fund and 
 Providing for the Apportionment of High School Funds. The proceeds of 
 all lands that have been or may be granted by the United States to this 
 State for the support of the common schools; the proceeds of all property 
 that may accrue to the State by escheat or forfeiture; all unclaimed shares 
 and dividends of any corporation incorporated under the laws of this 
 State; the proceeds of the sale of timber, mineral or other property from 
 school and State lands, other than those granted for specific purposes; and 
 five per centum of the net proceeds of the sale of public lands lying within 
 the State, which shall be sold by the United States, subsequent to the ad¬ 
 mission of this State into the Union, shall be and remain a perpetual 
 fund, to be called the State School Fund, the interest of which only, 
 together with such other means as the legislature may provide, shall be 
 distributed among the several school districts according to the school pop¬ 
 ulation residing therein. Provided, that all funds derived from any State 
 tax for high schools shall be apportioned among the several cities and 
 school districts according to the attendance at the high schools therein; but 
 no city or district shall be entitled to any part of the fund derived from 
 the State tax for high schools unless the high school fund therein is main- 
 
 83 
 
tained upon the standard and for the period during the year that may be 
 fixed by the State Board of Education. 
 
 (Amendment adopted November 8, 1910.) 
 
 Section 4. University and Agricultural College Located, Rights, etc. 
 The location and establishment by existing laws of the University of Utah 
 and the Agricultural College are hereby confirmed, and all the rights, im¬ 
 munities, franchises and endowments heretofore granted or conferred are 
 hereby perpetuated unto said University and Agricultural College re¬ 
 spectively. 
 
 Section 5. Proceeds of Land Grants to Constitute Permanent Funds. 
 The proceeds of the sale of lands reserved by an Act of Congress approved 
 February 21, 1855, for the establishment of the University of Utah, and 
 of all the lands granted by an Act of Congress, approved July 16, 1894, 
 shall constitute permanent funds, to be safely invested and held by the 
 State; and the income thereof shall be used exclusively for the support and 
 maintenance of the different institutions and colleges respectively, in ac¬ 
 cordance with the requirements and conditions of said Acts of Congress. 
 
 Section 6. Separate Control of City Schools. In cities of the first and 
 second class, the public school system shall be maintained and controlled 
 by the Board of Education of such cities, separate and apart from the 
 counties in which said cities are located. 
 
 Section 7. School Funds Guaranteed by State. All public school funds 
 shall be guaranteed by the State aginst loss or diversion. 
 
 Section 8. State Board of Education. The general control and supervi¬ 
 sion of the public school system shall be vested in a State Board of Educa¬ 
 tion, consisting of the Superintendent of Public Instruction and such other 
 persons as the legislature may provide. 
 
 Section 9. Neither the legislature nor the State Board of Education 
 shall have power to prescribe text books to be used in the common schools. 
 
 Section 10. Institutions for Deaf, Dumb and Blind. Property Fund. 
 Institutions for the Deaf and Dumb and for the Blind are hereby estab¬ 
 lished. All property belonging to the school for the Deaf and Dumb here¬ 
 tofore connected with the University of Utah shall be transferred to said 
 Institution for the Deaf and Dumb. All the proceeds of the lands granted 
 by the United States for the support of a Deaf and Dumb Asylum, and for 
 an Institution for the Blind, shall be a perpetual fund for the main¬ 
 tenance of said institutions. It shall be a trust fund, the principal of 
 which shall remain inviolate, guaranteed by the State against loss by 
 diversion. 
 
 Section 11. Metric System. The metric- system shall be taught' in the 
 public schools of the State. 
 
 Section 12. No Religious or Partisan Tests in Schools. Neither religious 
 or partisan test or qualification shall be required of any person as a con¬ 
 dition of admission as teacher or student into any public educational in¬ 
 stitution of the State. 
 
 Section 13. Public Aid to Church Schools Forbidden. Neither the legis¬ 
 lature, nor any county, city, town, school district or other public corpora¬ 
 tion shall make any appropriation to aid in the support of any school, 
 seminary, academy, college, university or other institution, in whole or in 
 part, by any church, sect or denomination whatever. 
 
 CONSTITUTION OF VERMONT—Amended to 1883 
 1777 
 
 Article XL. A school or schools shall be established in each town by the 
 legislature for the convenient instruction of youth, with such salaries to 
 
 84 
 
the masters paid by each town making proper use of school houses in each 
 town, thereby enabling them to instruct youth at low prices. One grammar 
 school in each county and one university in this State ought to be estab¬ 
 lished by direction of the general assembly. 
 
 1786 
 
 Article XXXVIII. Laws for the encouragement of virtue and prevention 
 of vice and immorality ought to be constantly kept in force and duly ex¬ 
 ecuted, and a competent number of schools ought to be maintained in each 
 town for the convenient instruction of youth, and one or more grammar 
 schools be incorporated and properly supported in each county in each 
 State. And all religious societies or bodies of men that may be hereafter 
 united or incorporated for the advancement of religion and learning, or for 
 other pious and charitable purposes, shall be encouraged and protected in 
 the enjoyment of the privileges, immunities and estates which they in 
 justice ought to enjoy, under such regulations as the general assembly of 
 this State shall direct. 
 
 1791 
 
 Section 4l. Laws for the encouragement of virtue and prevention of vice 
 and immorality ought to be constantly kept in force and duly executed, 
 and a competent number of schools ought to be maintained in each town 
 for the instruction of youth; and one or more grammar schools be incor¬ 
 porated and properly supported in each county in this State. And all 
 religious societies or bodies of men that may be hereafter united or incor¬ 
 porated for the advancement of religion and learning, or for other pious 
 and charitable purposes, shall be encouraged and protected in the enjoy¬ 
 ment of the privileges, immunities and estates which they in justice ought 
 to enjoy, under such regulations as the general assembly of the State shall 
 direct. 
 
 CONSTITUTION OF VIRGINIA—Amended to 1912 
 Article IX 
 
 Education and Public Instruction 
 
 Section 129. The General Assembly shall establish and maintain an 
 efficient system of public free schools throughout the State. 
 
 Section 130. The general supervision of the school system shall be vested 
 in a State Board of Education composed of the Governor, Attorney General, 
 Superintendent of Public Instruction, and three experienced educators to 
 be elected quadrennially by the Senate, from a list of eligibles, consisting 
 of one from each of the faculties, and nominated by the respective boards 
 of visitors or trustees, of the University of Virginia, the Virginia Mili¬ 
 tary Institute, the Virginia Polytechnic Institute, the State Female Nor¬ 
 mal School at Farmville, the School for the Deaf and Blind, and also 
 •of the College of William and Mary, so long as the State continues its 
 annual appropriation to the last-named institution. 
 
 The board thus constituted shall select and associate with itself two 
 division superintendents of schools, one from a county and the other 
 from a city, who shall hold office for two years, and whose powers and 
 duties shall be identical with those of other members, except that they 
 shall not participate in the appointment of any public school official. 
 
 Any vacancy occurring during the term of any member of the board 
 shall be filled for the unexpired term by said board. 
 
 Section 131. The Superintendent of Public Instruction, who shall be 
 an experienced educator, shall be elected by the qualified voters of the 
 
 85 
 
State at the same time and for the same term as the Governor. Any 
 vacancy in said office shall be filled for the unexpired term by the said 
 board. 
 
 His duties shall be prescribed by the State Board of Education, of which 
 he shall be ex-officio president; and his compensation shall be fixed by law. 
 
 Section 132. The duties and powers of the State Board of Education 
 shall be as follows: 
 
 First—It may, in its discretion, divide the State into appropriate 
 school divisions, comprising not less than one county or city each, but 
 no county or city shall be divided into formation of such divisions. It 
 shall, subject to the confirmation of the Senate, appoint for each of 
 such divisions, one superintendent of schools, who shall hold office for 
 four years, and shall prescribe his duties, and may remove him for cause 
 and upon notice. 
 
 Second—It shall have, regulated by law, the management and invest¬ 
 ment of the school fund. 
 
 Third-*—It shall have authority to make all needful rules and regula¬ 
 tions for the management and conduct of the schools, which, when pub¬ 
 lished and distributed, shall have the force and effect of law, subject 
 to the authority of the General Assembly to revise, amend or repeal the 
 same. 
 
 Fourth—It shall select text books and educational appliances for use 
 in the schools of the State, exercising such discretion as it may see 
 fit in the selection of books suitable for the schools in the cities and 
 counties respectively. 
 
 Fifth—It shall appoint a board of directors, consisting of five members, 
 to serve without compensation, which shall have the management of 
 the State library and the appointment of a librarian and other em¬ 
 ployees thereof, subject to such rules and regulations as the General 
 Assembly shall prescribe; but the Supreme Court of Appeals shall have 
 the management of the law library and the appointment of the librarian 
 and other employees thereof. 
 
 Section 133. Each magisterial district shall constitute a separate 
 school district, unless otherwise provided by law. In each school dis¬ 
 trict there shall be three trustees selected, in the manner and for the 
 term of office prescribed by law. 
 
 Section' 134. The General Assembly shall set apart, as a permanent 
 and perpetual literary fund, the present literary fund of the State; the 
 proceeds of all public lands donated by Congress for public free school 
 purposes; of all escheated property; of all waste and unappropriated 
 lands; of all property accruing to the State by forfeiture, and all fines 
 collected for offenses committed against the State, and such other sums 
 ■as the General Assembly may appropriate. 
 
 Section 135. The General Assembly shall apply the annual interest 
 on the literary fund; that portion of the capitation tax provided for in 
 the constitution to be paid into the State treasury, and not returnable to 
 the counties and cities; and an annual tax on property of not less than 
 one nor more than five mills on the dollar to the schools of the primary 
 and grammar grades, for the equal benefit of all the people of the State, 
 to be appropriated on a basis of school population; the number of chil¬ 
 dren between the ages of seven and twenty years in each school district 
 to be the basis of such apportionment, but if at any time the several 
 kinds or classes of property shall be segregated for the purposes of 
 taxation, so as to specify and determine upon what subjects State taxes 
 and upon what subjects local taxes may be levied, then the General 
 Assembly may otherwise provide a fixed appropriation of State revenues 
 
 86 
 
to the support of the schools not less than that provided in this section. 
 
 Section 136. Each county, city, town, if the same be a separate school 
 district, and school districts if authorized to raise additional sums by 
 a tax on property, not to exceed in the aggregate five mills on the 
 dollar in any one year, to be apportioned and expended by the local 
 school authorities of said counties, cities, towns and districts in 
 establishing and maintaining such schools as in* their judgment the 
 public welfare may require; provided, that such primary schools as may 
 be established in any school year, shall be maintained at least four 
 months of that school year, before any part of the fund assessed and 
 collected may be devoted to the establishment of schools of higher 
 grade. The boards of supervisors of the several counties, and the coun¬ 
 cils of the several cities and towns, if the same be separate school dis¬ 
 tricts, shall provide for the levy and collection of such local school taxes. 
 
 Section 137. The General Assembly may establish agricultural, nor¬ 
 mal, manual training and technical schools, and such grades of schools 
 as shall be for the public good. 
 
 Section 138. The General Assembly may, in its discretion, provide 
 for the compulsory education of children between the ages of eight and 
 twelve years, except such as are weak in body or mind, or can read and 
 write, or are attending private schools, or are excused for cause by the 
 district school trustee. 
 
 Section 139. Provision shall be made to supply children attending the 
 public schools with the necessary text books in cases where the parent 
 or guardian is unable, by reason of poverty, to furnish them. 
 
 Section 140. White and colored children shall not be taught in the 
 same school. 
 
 Section 141. No appropriation of public funds shall be made to any 
 school or institution of learning not owned or exclusively controlled 
 by the State or some political subdivision thereof; provided, first, that 
 the General Assembly may, in its discretion, continue the appropriations 
 to the College of William and Mary. Second, that this section shall not 
 be construed as requiring or prohibiting the continuance or discon¬ 
 tinuance by the General Assembly of the payment of interest on certain 
 bonds held by certain schools and colleges as provided by an Act of 
 the General Assembly, approved February 23rd, 1892, relating to bonds 
 lield by schools and colleges; third, that counties, cities, towns and 
 districts may make appropriations to non-sectarian schools of manual, 
 industrial or technical training, and also to any school or institution 
 of learning owned or exclusively controlled by such county, city, town 
 or school district. 
 
 Section 142. Members of the boards of visitors or trustees of educa¬ 
 tional institutions shall be appointed as may be provided by law, and 
 shall hold for the term of four years; provided, that at the first ap¬ 
 pointment, if the board be of an even number, one-half of them, or if 
 an odd number, the least majority of them, shall be appointed for two 
 years. 
 
 WASHINGTON CONSTITUTION—1889 
 Article IX 
 Education 
 
 Section 1. It is the paramount duty of the State to make ample 
 provision for the education of all children residing within its borders, 
 
 87 
 
without distinction or preference on account of race, color, caste or sex. 
 
 Section 2. The Legislature shall provide for a general and uniform 
 system of public schools. The public school system shall include com¬ 
 mon schools, and such high schools, normal schools, technical schools as 
 may hereafter be established. But the entire revenue derived from the 
 common school fund, and the State tax for common schools, shall be ex¬ 
 clusively applied to ttge support of the common schools. 
 
 Section 3. The principal of the common school fund shall remain 
 permanent and irreducible. The said fund shall be derived from the 
 following-named sources, to wit: Appropriations and donations by the 
 State to this fund; donations and bequests by individuals to the State 
 or public for common schools; the proceeds of lands and other property 
 which revert to the State by escheat and forfeiture; the proceeds of 
 all property granted to the State, when the purpose of the grant is 
 not specified, or is uncertain; funds accumulated in the treasury of 
 the State for the disbursement of which provision has not been made 
 by law; the proceeds of the sale of timber, stone, minerals or other 
 property from school and State lands, other than those granted to specific 
 purposes; all moneys received from persons appropriating timber, stone, 
 minerals or other property from school and State lands other than those 
 granted for specific purposes, and all moneys other than rental recovered 
 from persons trespassing on said lands; five per centum of the proceeds 
 of the sale of public lands lying within the State, which shall be sold 
 by the United States subsequent to the admission of the State into the 
 Union as approved by Section 13 of the Act of Congress enabling the 
 admission of the State into the Union; the principal of all funds arising 
 from the sale of lands and other property which have been and here¬ 
 after may be granted to the State for the support of common schools. 
 The Legislature may make further provisions for enlarging said fund. 
 The interest accruing on said fund, together with all rentals and other 
 revenues derived therefrom, and from lands and other property devoted 
 to the common school fund, shall be exclusively applied to the current 
 use of the common schools. 
 
 Section 4. All schools maintained or supported wholly or in part by 
 the public funds shall be forever free from sectarian control or influence. 
 
 Section 5. All losses to the permanent common school or any other 
 State educational fund, which shall be occasioned by defalcation, mis¬ 
 management or fraud of the agents or officers controlling or managing 
 the same, shall be audited by the proper authorities of the State. The 
 amount so audited shall be a permanent funded debt against the State 
 in favor of the particular fund sustaining such loss, upon which not 
 less than 6 per cent, annual interest shall be paid. The amount of 
 liability so created shall not be counted as a part of the indebtedness 
 authorized and limited elsewhere in this constitution. 
 
 WEST VIRGINIA CONSTITUTION—Amended 1902 
 Article XII 
 
 1. The legislature shall provide, by general law, for a thorough and 
 efficient system of free schools. 
 
 2. The State Superintendent of Free Schools shall have a general super¬ 
 vision of free schools, and perform such other duties in relation thereto as 
 may be prescribed by law. If in the performance of any such duty imposed 
 upon him by the legislature he shall incur any expenses, he shall be reim¬ 
 bursed therefor; PROVIDED, the amount does not exceed five hundred 
 dollars in any one year. 
 
 88 
 
3. The legislature may provide for county superintendents and such 
 other officers as may be necessary to carry out the objects of this article 
 and define their duties, powers and compensation. 
 
 4. (This section is modified by the Irreducible School Fund Amend¬ 
 ment.) See * * * The existing permanent and invested school fund, 
 
 and all money accruing to this State from forfeited, delinquent, waste and 
 unappropriated lands; and from lands heretofore sold for taxes and pur¬ 
 chased by the State of Virginia, if hereafter redeemed or sold to others 
 than this State; all grants, devises or bequests that may be made to this 
 State, for the purposes of education or where the purposes of such grants, 
 devises or bequests are not specified; this State’s just share of the literary 
 fund of Virginia, whether paid over or otherwise liquidated; and any 
 sums of money, stocks or property which this State shall have the right to 
 claim from the State of Virginia for educational purposes; the proceeds of 
 the estates of persons who may die without leaving a will or heir, and of 
 all escheated lands; the proceeds of any taxes that may be levied on the 
 revenues of any corporations; all moneys that may be paid as an equiv¬ 
 alent for exemption from military duty; and such sums as may from time 
 to time be appropriated by the legislature for the purpose, shall be set 
 apart as a separate fund to be called the ““School Fund,” and invested 
 under such regulations as may be prescribed by law, in the interest bearing 
 securities of the United States, or of this State, or if such interest bearing 
 securities cannot be obtained, then said ‘“School Fund” shall be invested 
 in such other solvent, interest bearing securities as shall be approved by 
 the Governor, Superintendent of Free Schools, Auditor and Treasurer, who 
 are hereby constituted the “Board of the School Fund,” to manage the 
 same under such regulations as may be prescribed by law; and the interest 
 thereof shall be annually applied to the support of free schools throughout 
 the State, and to no other purpose whatever. But any portion of said 
 interest remaining unexpended at the close of a fiscal year shall be added 
 to and remain a part of the capital of the “School Fund,” PROVIDED, That 
 all taxes which shall be received by the State upon delinquent lands, except 
 the taxes due to the State thereon, shall be refunded to the county or dis¬ 
 trict by or for which the same were levied. 
 
 * * * Irreducible School Fund Amendment. 
 
 (Joint Resolution No. 11 (H. J. R. No. 28), Acts 1901, p. 465. Rati¬ 
 fied in November, 1902.) 
 
 That the following be proposed as an amendment to the Constitution of 
 the State: 
 
 The accumulation of the school fund provided for in section four of 
 article twelve, of the Constitution of this State, shall cease upon the adop¬ 
 tion of this amendment, and all money to the credit of said fund over one 
 million dollars, together with the interest on said fund, shall be used for 
 the support of the free schools of this State. All money and taxes hereto¬ 
 fore payable into the treasury under the provision of the said section four, 
 to the credit of the school fund, shall be hereafter paid into the treasury to 
 the credit of the general school fund for the support of the free schools of 
 the State. 
 
 5. The legislature shall provide for the support of free schools by ap¬ 
 propriating thereto the interest of the invested “School Fund,” the net 
 proceeds of all forefeitures and fines accruing to this State under the laws 
 thereof; the State capitation tax, and by general taxation of persons and 
 property or otherwise. It shall also provide for raising in each county or 
 district, by the authority of the people thereof, such a proportion of the 
 amount required for the support of free schools therein as shall be pre¬ 
 scribed by general laws. 
 
 89 
 
6. The school districts into which any county is now divided shall con¬ 
 tinue until changed in pursuance of-law. 
 
 7. All levies that may be laid by any county or district for the purpose 
 of free schools shall be reported to the clerk of the county court; and shall, 
 under such regulations as may be prescribed by law, be collected by the 
 sheriff or other collector, who shall make annual settlement with the county 
 court; which settlement shall be made a matter of record by the clerk 
 thereof, in a book to be kept for that purpose. 
 
 8. White and colored persons shall not be taught in the same school. 
 
 9. No person connected with the free school system of the State, or with 
 any educational institution of any name or grade under State control, 
 shall be interested in the sale, proceeds or profits of any book or other 
 thing used, or to be used therein, under such penalties as may be prescribed 
 by law; PROVIDED, That nothing herein shall be construed to apply to 
 any work written, or thing invented by such person. 
 
 10. No independent free school district, or organization shall hereafter 
 be created, except with the consent of the school district or districts out of 
 which the same is to be created, expressed by a majority of the voters 
 voting on the question. 
 
 11. No appropriation shall hereafter be made to any State normal 
 school, or branch thereof, except to those already established and in opera¬ 
 tion, or now chartered. 
 
 12. The legislature shall foster and encourage moral, intellectual, sci¬ 
 entific and agricultural improvement; it shall, whenever it may be prac¬ 
 ticable, make suitable provision for the blind, mute and insane, and for the 
 organization of such institutions of learning as the best interests of general 
 education in the State may demand. 
 
 CONSTITUTION OF THE STATE OF WISCONSIN—1911 
 Article X 
 Education 
 
 Section 1 (as amended November 4, 1902). The supervision of public 
 instruction shall be vested in a State superintendent and such other officers 
 as the legislature shall direct; and their qualifications, powers, duties and 
 compensation shall be prescribed by law. The State superintendent shall be 
 chosen by the qualified electors of the State at the same time and in the 
 same manner as members of the supreme court, and shall hold office for 
 four years from the succeeding Monday in July. The State superintendent 
 chosen at the general election in November, 1902, shall hold and- continue 
 in his office until the first Monday in July, 1905, and his successor shall be 
 chosen at the time of the judicial election in April, 1905. The term of 
 office, time and manner of electing or appointing all other officers of super¬ 
 vision of public instruction shall be fixed by law. 
 
 Section 2. The proceeds of all lands that have been or hereafter may 
 be granted by the United States to this State for educational purposes, 
 except the lands heretofore granted for the purposes of a University, and 
 all moneys and the clear proceeds of all property that may accrue to the 
 State by forfeiture or escheat, and all moneys which may be paid out as 
 an equivalent for exemption from military duty; and the clear proceeds of 
 all fines collected in the several counties for any breach of the penal laws, 
 and all moneys arising from any grant to the State whether the purposes 
 of such grant are not specified and the five hundred thousand acres of land 
 to which the State is entitled by the provisions of an act of Congress en- 
 
 90 
 
titled “An act to appropriate the proceeds of the sales of the public lands 
 and to grant pre-emption rights,” approved the fourth day of September, 
 one thousand eight hundred and forty-one; and also the five per centum of 
 the net proceeds of the public lands to which the State shall become entitled 
 on her admission into the Union (if Congress shall consent to such appro¬ 
 priation of the two grants last mentioned) shall be set apart as a separate 
 fund, to be called “The School Fund,” the interest of which and all other 
 revenues derived from school lands shall be exclusively applied to the fol¬ 
 lowing objects, to wit: 
 
 First. To support and maintenance of common schools in each school 
 district, and the purchase of suitable libraries and apparatus thereof. 
 
 Second. The residue shall be appropriated to the support and main¬ 
 tenance of academies and normal schools, and suitable libraries and appa¬ 
 ratus therefor. 
 
 Section 3. The legislature shall provide by law for the establishment of 
 district schools, which shall be as nearly uniform as practicable; and such 
 schools shall be free and without charge for tuition to all children between 
 the ages of four and twenty years; and no sectarian instruction shall be 
 allowed therein. 
 
 Section 4. Each town and city shall be required to raise by tax, an¬ 
 nually, for the support of common schools therein, a sum not less than one- 
 half the amount received by such town or city respectively for school pur¬ 
 poses from the income of the school fund. 
 
 Section 5. Provision shall be made by law for the distribution of the 
 income of the school fund among the several towns and cities of the State 
 for the support of common schools therein, in some just proportion to the 
 number of children and youth resident therein between the ages of four 
 and twenty years, and no appropriation shall be made from the school 
 fund to any city or town for the year in which said city or town shall fail 
 to raise such tax; nor to any school district for the year in which a school 
 shall not be maintained at least three months. 
 
 Section 6. Provision shall be made by law for the establishment of a 
 State university, at or near the seat of the State government and for con¬ 
 necting with the same from time to time such colleges in different parts 
 of the State as the interest of education may require. The proceeds of all 
 lands that have been or hereafter may be granted by the United States to 
 the State for the support of a university shall be and remain a perpetual 
 fuhd, to be called “The University Fund,” the interest of which shall be 
 appropriated to the support of the State University, and no sectarian in¬ 
 struction shall be allowed in such university. 
 
 Section 7. The Secretary of State, Treasurer and Attorney-General 
 shall constitute a board of commissioners for the sale of the School and 
 University lands, and for the investment of the funds arising therefrom. 
 Any two of said commissioners shall be a quorum for the transaction of all 
 business pertaining to the duties of their office. 
 
 Section 8. Provision shall be made by law for the sale of all School and 
 University lands, after they shall have been appraised; and when any por¬ 
 tion of such lands shall be sold and the purchase money shall not be paid 
 at the time of the sale, the commissioners shall take security by mortgage 
 upon the land sold for the sum remaining unpaid, with seven per cent, 
 interest thereon, payable annually at the office of the Treasurer. The com¬ 
 missioners shall be authorized to execute a good and sufficient conveyance 
 to all purchasers of such lands, and to discharge any mortgages taken as 
 security, when the sum due thereon shall have been made. The commis¬ 
 sioners shall have power to withhold from sale any portion of such lands 
 when they shall deem it expedient, and shall invest all moneys arising from 
 
 91 
 
the sale of such lands, as well as all other University and School funds, in 
 such manner as the legislature shall provide, and shall give such security 
 for the faithful performance of their duties as may be required by law. 
 
 WYOMING CONSTITUTION—1889 
 Article VII 
 Education 
 
 Section 1. The. Legislature shall provide for the establishment and 
 maintenance of a complete and uniform system of public instruction, 
 embracing free elementary schools of every needed kind and grade, a 
 university with such technical and professional departments as the pub¬ 
 lic good may require and the means of the State allow, and such other 
 institutions as may be necessary. 
 
 Section 2. The following are declared to be perpetual funds for school 
 purposes, of which the annual income only can be appropriated, to wit: 
 Such per centum as has been or may hereafter be granted by Congress 
 on the sale of lands in this State; all moneys arising from the sale or 
 lease of sections number 16 and 36 in each township in the State, and 
 the land selected or that may be selected in lieu thereof; the proceeds 
 of all lands,that have been or may hereafter be granted to this State, 
 where by the terms and conditions of the grant, the same are not to be 
 otherwise appropriated; the net proceeds of lands and other property 
 and effects that may come to the State by escheat or forfeiture or from 
 unclaimed dividends or distributive shares of the estates of deceased 
 persons, all moneys, stocks, bonds, lands and other property now belong¬ 
 ing to the common school fund. 
 
 Section 3. To the sources of revenue above mentioned shall be added 
 all other grants, gifts and devises that have been or may hereafter be 
 made to this State and not otherwise appropriated by the terms of the 
 grant, gift or devise. 
 
 Section 4. All moneys, stocks, bonds, lands and other property be¬ 
 longing to a county school fund, except such moneys and property as 
 may be provided by law for current use in aid of public schools, shall 
 belong to and be securely invested and sacredly preserved in the several 
 counties as a county public school fund, the income of which shall be 
 appropriated exclusively to the use and support of free public schools 
 in the several counties of the State. 
 
 Section 5. All fines and penalties under general laws of the State 
 shall belong to the public school fund of the respective counties and be 
 paid over to the custodians of such funds for the current support of the 
 public schools therein. 
 
 Section 6. All funds belonging to the State for public school purposes, 
 the interest and income of Avhich only are to be used, shall be deemed 
 trust funds in the care of the State, which shall keep them for the 
 exclusive benefit of the public schools, and shall make good any losses 
 that may in any manner occur, so that the same shall remain forever 
 inviolate and undiminished. None of such funds shall ever be invested 
 or loaned except on the bonds issued by school districts, or registered 
 county bonds of the State, or State securities of this State, or of the 
 United States. 
 
 Section 7. The income arising from the funds mentioned in the pre¬ 
 ceding section, together with all the rents of the unsold school lands 
 and such other means as the Legislature may provide, shall be exclu¬ 
 sively applied to the support of free schools in every county in the State. 
 
 92 
 
Section 8. Provision shall be made by general law for the equitable 
 distribution of such income among the several counties according to the 
 number of children of school age in each; which several counties shall 
 in like manner distribute the proportion of said fund by them received 
 respectively to the several school districts embraced therein. But no 
 appropriation shall be made from said fund to any district for the year 
 in which a school has not been maintained for at least three months; 
 nor shall any portion of any public school fund ever be used to support 
 or assist any private school, or any school, academy, seminary, college 
 or other institution of learning controlled by any church or sectarian 
 organization or religious denomination whatsoever. 
 
 Section 9. The Legislature shall make such further provision by taxa- 
 ation or otherwise as with the income arising from the general school 
 fund will create and maintain a thorough and efficient system of public 
 schools, adequate to the proper instruction of all the youth of the State, 
 between the ages of 6 and 21 years, free of charge; and in view of such 
 provision so made, the Legislature shall require that every child of 
 sufficient physical and mental ability shall attend a public school during 
 the period between 6 and 18 years for a time equivalent to three years, 
 unless educated by other means. 
 
 Section 10. In none of the public schools so established and maintained 
 shall distinction or discrimination be made on account of sex, race or 
 color. 
 
 Section 11. Neither the Legislature nor the superintendent of public 
 instruction shall have power to prescribe text books to be used in the 
 public schools. 
 
 Section 12. No sectarian instruction, qualifications or tests shall be 
 imparted, exacted, applied or in any manner tolerated in the schools of 
 any grade or character controlled by the State, nor shall attendance be 
 required at any religious service therein, nor shall any sectarian tenets 
 or doctrines be taught or favored in any public school or institution that 
 may be established under this Constitution. 
 
 Section 13. The Governor, Secretary of State, State Treasurer and 
 
 Superintendent of Public Instruction shall constitute the board of land 
 commissioners, which, under the direction of the Legislature, as limited 
 by this constitution, shall have the direction, control, leasing and dis¬ 
 posal of the lands of the State, granted, or which may be hereafter 
 
 granted for the support and benefit of public schools, subject to the 
 further limitations that the sale of all lands shall be at public auction, 
 after such delay (not less than the time fixed by Congress), in portions 
 at proper intervals of time, and at such minimum prices (not less than 
 the minimum fixed by Congress), as to realize the largest possible 
 
 proceeds. 
 
 Section 14. The general supervision of the public schools shall be 
 
 entrusted to the State Superintendent of Public Instruction, whose powers 
 and duties shall be prescribed by law. 
 
 The University 
 
 Section 15. The establishment of the University of Wyoming is hereby 
 confirmed, and said institution, with its several departments, is hereby 
 declared to be the University of the State of Wyoming. All lands which 
 have been heretofore granted or which may hereafter be granted by Con¬ 
 gress unto the University as such, or in aid of the instruction to be 
 given in any of its departments, with all other grants, donations, or 
 devises for said university, or for any of its departments, shall vest in 
 said university, and be exclusively used for the purposes for which they 
 were granted, donated or devised. The said lands may be leased on terms 
 
 93 
 
approved by the land commissioners, but may not be sold on terms not 
 approved by Congress. 
 
 Section 16. The university shall be equally open to students of both 
 sexes,, irrespective of race or color, and, in order that the instruction fur¬ 
 nished may be as nearly free as possible, any amount in addition to the 
 income from its grants of lands and other sources above mentioned, neces¬ 
 sary to its support and maintenance in a condition of full efficiency shall 
 be raised by taxation or otherwise, under provisions of the Legislature. 
 
 Section 17. The Legislature shall provide by law for the management 
 of the university, its lands and other property by a board of. trustees, 
 consisting of not less than seven members, to be appointed by the Governor 
 by and with the advice and consent of the Senate, and the president of 
 the university, and superintendent of public instruction, as members ex- 
 officio, as such having the right to speak but not to vote. The duties and 
 powers of the trustees shall be prescribed by law. 
 
 94 
 
Appendix 2 
 
 GENERAL LAWS, REVISED STATUTES, ETC. 
 
 General Statutes of Connecticut.1909 
 
 Revised Statutes of Delaware.1893 
 
 Annotated Statutes of Illinois.1913 
 
 Indiana Statutes—Revision of.1908 
 
 McClain’s Iowa Digest.1908 
 
 Kansas General Laws.1909 
 
 Revised Laws of Louisiana.1908 
 
 Revised Statutes of Maine.1903 
 
 Revised Statutes of Maryland. 
 
 Revised Laws of Massachusetts.1902 
 
 General Statutes Minnesota.1913 
 
 Revised Statutes Nebraska.1913 
 
 New Hampshire Public Statutes.1901 
 
 New Jersey Statutes.1910 
 
 Lord’s Oregon Laws, Vol. II. 
 
 Pennsylvania Code.1913 
 
 Philadelphia Charter.1905 
 
 General Laws of Rhode Island. 1909 
 
 •Texas Civil Statutes.1913 
 
 Washington Code.1912 
 
 Wisconsin’s Statutes.1913 
 
 Public Statutes of Vermont.1906 
 
 GENERAL STATUTES OF CONNECTICUT—1909 
 Title Twelve 
 Chapter 129 
 
 Section 2111. (Provision for creation of). 
 
 Section 2112. Duties of State Board. The board shall have general super¬ 
 vision and control of the educational interests of the State; may direct 
 what books shall be used in all its schools, but shall not direct any book to 
 be changed oftener than once in five years; shall prescribe the form of 
 registers to be kept in said schools and the forms of blanks and inquiries 
 for the returns to be made by the various school boards and committees; 
 shall keep informed as to the condition and progress of the public schools 
 in the State; and shall seek to improve the methods and promote the ef¬ 
 ficiency of teaching therein, by holding, at convenient places in the State, 
 meetings of teachers and school officers, for the purpose of instructing in 
 the best modes of administering, governing and teaching public schools, 
 and by such other means as they shall deem appropriate; but the ex¬ 
 penses incurred in such meetings shall not exceed the sum of three 
 thousand dollars in any year. Said board shall, on or before the Monday 
 after the first Wednesday in January in each year, submit to the Governor 
 a report containing a printed abstract of said returns, a detailed statement 
 of the doings of the board, and an account of the condition of the public 
 schools, of the amount and quality of instruction therein, and such other 
 
 95 
 
information as will apprise the General Assembly of the true condition, 
 progress and needs of public education. 
 
 Section 2257. Payments by the State. The comptroller shall annually, 
 as soon after the 28th of February as may be, draw orders for the support 
 of the common schools at the rate of $2.25 for each child between the ages 
 of four and sixteen years on the enumeration last made and perfected, 
 which orders shall be payable from the civil list funds of the State, and be 
 divided and distributed among the several towns in proportion to the num¬ 
 ber of persons in each between said ages, as ascertained from said returns; 
 and he shall transmit the amount distributed to each town to its treasurer, 
 etc., etc. 
 
 REVISED STATUTES OF DELAWARE, REVISED TO 1893 
 
 An act providing for the appointment of a superintendent of free schools 
 for each of the counties of this State 
 
 Section 1. That the offices of State Superintendent of free schools for 
 this State shall be abolished from and after the expiration of the present 
 incumbents, and in lieu thereof there shall be appointed a superintendent 
 of free schools for each of the counties of this State. 
 
 Section 9. The Secretary of State * * * and the three superintend¬ 
 
 ents provided for in this act shall constitute a State Board of Education 
 for this State, who shall meet on the first Tuesday of January in each and 
 every year in the capitol at Dover, at two o’clock in the afternoon. 
 
 The State Board of Education shall determine what text books are to be 
 used in the free schools of this State. 
 
 School Fund 
 Chapter XLII 
 
 Section 2. The clear income of the school fund of this State is hereby 
 appropriated and apportioned among the school districts as follows: Of 
 the investments made of the surplus revenues fund, the dividends on the 
 investment in five thousand shares of Farmers’ Bank stock, made under act 
 of February 21, 1837; and the interest on the loan of $87,793.83 authorized 
 by said act to be made to the “Wilmington and Susquehanna Railroad 
 Company,” now the “Philadelphia, Wilmington and Baltimore Railroad 
 Company;” and the interest on the sum of five thousand dollars advanced 
 to the county of Sussex under the act of February 17, 1837, shall be divided 
 as they fall due among the counties equally; and all the clear dividends or 
 profits to be declared or accrue upon any other bank stock, or other securi¬ 
 ties or property belonging to said fund, together with the clear sum arising 
 from fees for marriage and tavern licenses, and any other income of said 
 fund, or money directed by law to be paid to the trustee of said fund for 
 distribution, shall be apportioned among the several counties according to 
 their white population, as ascertained by the census of 1830. 
 
 Chap. 91, Vol. 18, Laws of Delaware: An Act to Encourage the Education 
 of the Colored People, provides that: 
 
 “The levy courts in the several counties of this State be and they are 
 hereby authorized and required annually, in the month of April, to lay 
 and apportion a tax of thirty cents on the hundred dollars, and so pro rata 
 upon the assessments of the real and personal property and poll of colored 
 persons as they shall stand upon the assessment lists of the several hun¬ 
 dreds, which shall be set apart as a separate and distinct fund for the 
 support and maintenance of colored schools in this State.” 
 
 “Section 4. The superintendents of Free Schools in each county shall 
 have general control and supervision of the colored schools in their re¬ 
 spective counties.” 
 
 96 
 
ILLINOIS—Annotated Statutes—1913 
 
 Par. 10022. State Superintendent—Term of Office — Election. 
 
 Section 1. Be it enacted by the People of the State of Illinois, represented 
 in the General Assembly; That on Tuesday next after the first Monday in 
 November, 1910, and quadrennially thereafter, there shall be elected by 
 the qualified voters in this State a Superintendent of Public Instruction, 
 who shall hold his office for four years from the second Monday in January 
 next after his election. 
 
 Par. 10024. Duties of Superintendent —To supervise all the common and 
 public schools in the State. To counsel and confer, in such manner as he 
 may deem best, with experienced and practical teachers as to the best man¬ 
 ner of conducting common schools. 
 
 Par. 10227. Annual Tax Levy — Limitation — Education—Building Pur¬ 
 poses—Incidental Expenses—Election —189. For the purpose of estab¬ 
 lishing and supporting free schools for not less than six nor more than 
 nine months in each year, and defraying all the expenses of the same of 
 every description; for the purpose of repairing and improving school 
 houses* of procuring furniture, fuel, libraries and apparatus, and for all 
 other necessary incidental expenses in each district, village or city, the 
 directors of such district and the authorities of such village or city shall 
 be authorized to levy a tax annually upon all the taxable property of the 
 district, village or city not to exceed one and one-half per cent, for educa¬ 
 tional and one and one-half per cent, for building purposes, the valuation 
 to be ascertained by the last assessment for State and county taxes; Pro¬ 
 vided, that the term incidental expenses herein used shall not include any 
 sum expended or obligation incurred for the improvement, repair or benefit 
 of the school buildings and property, but all such sums and obligations shall 
 be paid from that portion of the tax levied for building purposes. No 
 election or petition shall be necessary to authorize the levy of a tax for 
 the ordipary repair and improvement of school buildings or grounds or for 
 the payment of any special tax or special assessment levied upon such 
 property. 
 
 Constitution of 1870, Art. IV., Sec. 22, ante, which prohibits the legis¬ 
 lature from passing any local or special law providing for the manage¬ 
 ment of common schools, is directed against special legislation on- 
 management of schools merely. Providing funds to carry on schools held 
 not part of management of schools. Speight v. People, 87-595; Fuller v. 
 Heath, 89-296, afFg IA. 118. 
 
 INDIANA STATUTES (BURNS’) Revision of 1908 
 
 6309. Indiana State Board of Education (Act 1875). The Governor of 
 the State, the State Superintendent of Public Instruction, the President of 
 the State University, the President of Purdue University, the President 
 of the State Normal School, the Superintendent of common schools of the 
 three largest cities in the State, and three citizens of prominence actively 
 engaged in educational work in the State, appointed by the Governor, etc., 
 etc., shall constitute a board to be denominated the Indiana State Board 
 of Education, 
 
 6310. The State Board shall perform such duties as arb prescribed by 
 
 law and make and adopt such rules and regulations as may be necessary 
 
 for its own government * * * and shall take cognizance of such ques¬ 
 
 tions as may arise in the practical administration of the school system 
 hot otherwise 1 provided for and duly consider, discuss hnd determine same. 
 
 6320. That the State board of education shall constitute a board of 
 
 commissioners for the purpose of making a selection or procuring the 
 
 97 
 
compilation for use in the common schools of the State of Indiana of a 
 series of text books. (Description follows) 
 
 Acts 1905 
 
 6432. Common Schools Tuition Fund. There shall be in the year 1907 
 and annually thereafter assessed and collected, as State and county revenues 
 are collected, thirteen cents and six mills on each $100 worth of all taxable 
 property, real and personal, in this State, and in addition thereto a poll 
 tax of fifty cents upon each legal voter in the State, which money when 
 collected shall be paid into the State treasury for a common school tuition 
 fund, and shall be apportioned to the several counties in the manner pro- v 
 vided in said act, section one of which is hereby amended. (As amended, 
 acts of 1907) (This section supersedes prior laws fixing the general levy 
 of taxes for common schools) 
 
 6433. Apportionment of Fund. The State Superintendent of Public In¬ 
 struction shall * * * add to the sum total of said revenue any amount 
 
 in the State treasury ready for apportionment, together with 94.8 of the 
 sum collected by virtue of the levy provided for in Section 1 of this act, 
 and after said addition the superintendent sfyall apportion the whole of 
 said sum to the several counties of the State according to the latest 
 enumeration of the children therein, etc. 
 
 6441. Special Taxes. The trustees of the several townships shall have 
 power to levy special taxes * * * for the construction, renting or re¬ 
 
 pairing of school houses, providing furniture, school apparatus and fuel 
 therefor, etc., etc., including teachers’ salaries, whenever in any current 
 year the tuition funds shall have been exhausted; but no tax shall exceed 
 the sum of fifty cents on each $100 worth of taxable property, and one 
 dollar on each poll in any one year, and the income from said tax shall be 
 denominated the special school revenue. 
 
 6443. Local Tuition Taxes. That the school trustees of the several 
 townships, towns and cities shall have power to levy annually a tax not 
 exceeding fifty cents on each $100 of taxable property and twenty-five 
 cents on each taxable poll * * * and the revenues arising from such 
 
 levy shall constitute a supplementary tuition fund to extend the terms 
 of school in said townships, towns and cities after the tuition fund appor¬ 
 tioned to said townships, towns and cities from said tuition revenues shall 
 have been exhausted. 
 
 6539. Taxation Levy Limit. The board of school commissioners in any 
 such city (100,000) is hereby authorized and empowered to levy annually, 
 in addition to other taxes authorized by law, a special tax not exceeding 
 five cents on each $100 of taxable property in the State for the purchase 
 of real estate and the erection and improvement of school buildings, etc. 
 
 IOWA DIGEST—McClain’s Volume IV—down to 1908) 
 
 1. General Provisions 
 
 1. Constitutional Provisions. 
 
 The Legislature is given full power to make the needful regulations 
 for the government of schools, and this power has been by the Legislature 
 given to school boards. 
 
 4. High schools are deemed a part of the common school system pf 
 the State. 
 
 VII. Limitation of taxation 
 
 Section 344. The limit of taxation for school house fund as provided 
 under code of 1873, section 1780 (see new code, Supp. Sec. 2806) of ten 
 mills on the dollar includes the tax to pay judgments, etc. 
 
 98 
 
Section 345. The limitation of taxation to ten mills does not limit the 
 amount which may be voted to pay interest upon a bonded debt con¬ 
 tracted for school house purposes, etc. 
 
 Section 346. There is no fixed limit to the rate of taxation when it is 
 necessary to raise funds to meet the interest and principal on bonds law¬ 
 fully issued under authority of a vote of the electors of the school district. 
 The supervisor may be compelled to levy any tax for that purpose certi¬ 
 fied to by the directors. 
 
 Section 347. Under code of 1873, section 1807 (now code 2749) au¬ 
 thorizing levy of a tax of ten mills by the electors of an independent 
 school district for the purchase of grounds and the erection of school 
 houses and payment of debts contracted therefor—Held that where a 
 levying of three per cent, tax was made, it was valid to the extent of one 
 per cent, and void as to the excess. 
 
 IX—School funds, School lands 
 
 Section 395. The school fund belongs to the State, it has solemnly 
 pledged itself to maintain the same inviolate. 
 
 THE GENERAL LAWS OF KANSAS, with amendments and new laws 
 
 passed at the subsequent Legislative sessions, including the sessions 
 
 of 1909. 
 
 7496. State board of education. 120. Provides for a State board of 
 education consisting of the State superintendent of public instruction, the 
 chancellor of the State University, the president of the State Agricultural 
 College, the president of the State Normal School, and three others to be 
 appointed by the governor by and with the advice and consent of the 
 senate. 
 
 7497. State certificates. 121. Authorizes and empowers the State 
 board of education to issue State certificates, “and such State certificates 
 shall supersede the necessity of all other examinations of the persons 
 holding them by county or local boards of examiners.” 
 
 7498—122. Provides for meetings of the State board; certificates; 
 course of study; expenses. 
 
 Cities of First Class. 
 
 7556. Tax levy. 180. That the board of education in cities of the 
 first class shall, in the month of August of each year, levy a tax for the 
 support of the schools of the city, including building and repairs of school 
 buildings, for the fiscal year commencing on the 1st day of July last pre¬ 
 ceding the month of August in which such levy shall be made, not exceed¬ 
 ing in any one year twenty mills on the dollar on all personal, mixed and 
 real property within said city which is taxable according to the laws of 
 the State of Kansas, which levy the president and clerk of the Boaxd 
 shall, on or before August 25th, certify to the county clerk, who is hereby 
 authorized and required to place the same on the tax-roll of said county, 
 to be collected by the treasurer of the county as are other taxes and paid 
 over by him to the treasurer of the board of education, subject to the 
 order of said board of education: Provided, that in all cities of the first 
 class having a population of exceeding thirty-eight thousand inhabitants, 
 the board of education of such city shall have power and is hereby author¬ 
 ized to levy a tax for the support of the schools of such city for such 
 fiscal year of not to exceed seventeen mills on the dollar of all taxable 
 property in such city, and shall have power, in addition thereto, to levy a 
 tax upon all the taxable property in such city of not exceeding three mills 
 on the dollar of the assessed valuation for building purposes and repairs 
 of school buildings in such city; And provided further: That each and 
 all of the foregoing levies hereby authorized shall be exclusive of and in 
 
 99 
 
addition to the amount necessary to be levied under existing laws for the 
 payment of interest upon bonds heretofore issued or which may be here¬ 
 after issued by boards of education of cities of the first class and for a 
 sinking fund for the redemption of such bonds, as provided by the laws 
 under which such bonds have been or may be issued. 
 
 7560. Tax levy for bonds. 184. The board of education in its annual 
 estimate, as provided for in section two of this act, shall include an 
 amount sufficient to pay the interest as it accrues on all outstanding bonds 
 issued by the board, and also to create a sinking fund for the redemption 
 of said bonds, and shall levy, and cause the same to be collected as pro¬ 
 vided for in said section in addition to the levy authorized by said section 
 for school purposes; and such money shall remain a specific fund for said 
 purposes only, and shall not be appropriated to any other purpose. 
 
 7573. Property. 197. The title of all property held for the use or 
 benefit of the public schools shall be vested in the board of education, 
 and held by them in trust for the city; and the board of education may 
 sue in its own name for all money due or to become due to the board or 
 the school fund, and for any trespass upon, injury to or concession of any 
 of the school property of said city for the benefit of the school fund of 
 such city. 
 
 7580. Sinking fund, how used. 204. Provides for the use of the 
 moneys levied and collected for creating a sinking fund. 
 
 Cities of Second Class. 
 
 7608. Tax Levy. 232. That the board of education in cities of the 
 second class, shall, on or before the 15th day of July of each year, levy 
 a tax for the support of the schools of the city for the fiscal year next 
 ensuing, not exceeding in any one year twenty mills on the dollar on all 
 personal, mixed and real property within the district which is taxable 
 according to the laws of the State of Kansas, which levy the clerk of the 
 Board shall on or before August 1st certify to the county clerk, who is 
 hereby authorized and required to place the same on the tax-roll of said 
 county, to be collected by the treasurer of the board of education, of whom 
 he shall take a receipt in duplicate, one of which he shall file in his office 
 and the other he shall forthwith transmit to the clerk of the board of 
 education. 
 
 State Annual School Fund. 
 
 7722. Fund. 346. Provides that it shall consist of the annual income 
 derived from the interest and rents of the perpetual school fund as pro¬ 
 vided in the constitution of the State. 
 
 7725. 349. Provides that the State treasurer shall pay over to the 
 
 treasurer of each county, on application, the amount of school money due 
 to said county, on order of the State superintendent of public instruction. 
 
 7770. Tax levy. 394. That the board of trustees of any county high 
 school in the State of Kansas shall at its first meeting, and annually 
 thereafter before the first day of August of each succeeding year, make 
 an estimate of the amount of funds needed for building purposes, for the 
 payment of teachers’ wages, for contingent purposes, and all other educa¬ 
 tional purposes connected with said high school, and having made such 
 estimate shall make an annual levy sufficient to raise the amount desired 
 for such purposes. But in no case shall the tax for such purposes exceed 
 in one year the amount of the levy allowed by law on the taxable property 
 of the county. 
 
 7839. Tax levy for. 463. The board of education in each city of the 
 first class and the second class, and the annual school meeting of any 
 school district, may, in addition to the other levies, levy a tax not to 
 exceed one-half mill upon the dollar of assessed valuation in cities of the 
 
 100 
 
first and second class, and not to exceed one mill on the dollar of the 
 assessed valuation in all other cities and school districts, for the equip¬ 
 ment and maintenance of industrial-training schools or industrial-training 
 departments of the public schools. The sum raised by such levies shall 
 be expended for the purposes named in this act and no other. 
 
 REVISED LAWS—LOUISIANA—1908 
 Free Public Schools 
 Act 1902 
 
 An act in relation to free public schools, and to regulate public education 
 in the State of Louisiana; to provide a revenue for same and impose 
 certain penalties; and to apply fines imposed by District Courts, and 
 amounts collected on bonds, to the purpose of public education. 
 
 Section 1. (Provides for creation of State Board, which includes 
 Superintendent of Public Education.) 
 
 Section 3. The State board of education shall prepare rules, by-laws, 
 and regulations for the government of the public schools of the State * * * 
 and shall give such directions as it may see proper as to the branches of 
 study which shall be taught. The State board shall strictly enforce a 
 uniformity of text books, which shall remain unchanged for four years 
 after such adoption, etc. 
 
 State Superintendent of Public Education 
 
 Section 28. The State superintendent of public education shall have 
 general supervision of all parish school boards in the parishes, and of all 
 common, high and normal schools of the State, and shall see that the 
 school system of the State is carried properly into effect, etc. 
 
 Revenues 
 
 Section 62. The State superintendent of public education shall, in the 
 months of February, June and November in each year, apportion the funds 
 appropriated by the General Assembly for the support of the public schools 
 of the State among all the parishes of the State according to the number 
 of children between the ages of six and eighteen years in each parish, etc. 
 
 Section 63. The police jurors of the several parishes, and the boards 
 of trustees, councilmen and legal representatives of cities, towns and 
 villages (except the parish of Orleans) may levy for the support of the 
 public schools of their respective parishes a tax, six mills, for the public 
 schools which shall not exceed the entire State tax; provided that with 
 this tax the whole amount of parish taxes shall not exceed the limit of 
 ten mills parish taxation fixed by the constitution; and provided also that 
 no police jury of any parish shall levy for the support of its schools less 
 than one and a quarter mills on the dollar of the assessed valuation of 
 the property thereof. Such taxes shall be paid to the school treasury of 
 the parish or town where collected, monthly by the tax collector; provided 
 towns not exempted under their charters from the payment of parish 
 taxes, and subjected to the same burden of taxation as the parishes are, 
 shall not pay this tax, for the same is included in the taxes imposed by 
 the parish in which the town is situated. 
 
 Section 71. (Provides that two members of the school board shall be 
 appointed by the Governor with the approval and consent of the State 
 board of education.) 
 
 Section 80. It shall be the duty of the Common Council of the City of 
 New Orleans, in making up their budget of annual expenses, to include 
 therein the amount necessary to meet the expenses of the schools, as 
 
 101 
 
shown by the statement of the actual attendance, and the cost of instruc¬ 
 tion required by the previous section (Sec. 79) with such additional 
 allowance for probable increased attendance and contingent expenses as 
 may seem just and reasonable to the City Council, and to keep in good 
 repair all school houses and school grounds belonging to the city. 
 
 REVISED STATUTES OF MAINE—1903 
 State Superintendent of Public Schools 
 
 Section 98. The Governor, with the advice and consent of the Council, 
 shall appoint a State superintendent of public schools, who shall continue 
 in office three years, or during the pleasure of the executive; vacancies 
 shall be filled by a new appointment for a like term. 
 
 Section 100. In addition to the duties elsewhere specifically imposed 
 on him his duties are as follows: 
 
 I. To exercise a general supervision of all the public schools and to 
 advise and direct the town committees and superintendents in the dis¬ 
 charge of their duties, by circular letters and personal conference, devoting 
 all his time to the duties of his office. 
 
 VII. To prescribe the studies to be taught in the common schools, 
 reserving to town committees the right to prescribe additional studies. 
 
 State School Funds 
 
 Section 122. The treasurer of the State shall keep a separate account 
 of all moneys received from sales of lands appropriated for the support of 
 schools or from notes taken therefor, and of any other moneys appropriated 
 for the same purpose; and such sum shall constitute a permanent school 
 fund, which may be put at interest as the legislature directs. A sum equal 
 to six per cent, of the amount of such fund, and one-half the sum received 
 by the State from a tax on the franchises of savings banks, and one-half 
 the sum assessed upon the deposits of trusts and banking companies, shall 
 be annually appropriated to the support of common schools, and distributed 
 among the several towns according to the number of children therein 
 between five and twenty-one years of age. 
 
 Section 123. The treasurer shall, immediately after the first day of 
 July, apportion to the towns all the State school funds for the year, accord¬ 
 ing to the list of children furnished by the State superintendent of public 
 schools, etc., etc. - 
 
 Section 124. A tax of one mill on a dollar shall annually be assessed 
 upon all the property in the State according to the valuation thereof, and 
 shall be known as the mill tax for the support of common schools. 
 
 Section 125. This tax shall be assessed and collected in the same man¬ 
 ner as other State taxes, and be paid into the State treasury and desig¬ 
 nated as the school mill fund. 
 
 Section 126. This fund shall be distributed by the treasurer of the 
 State on the first day of January annually, to the several cities, towns and 
 plantations according to the number of scholars therein, as the same shall 
 appear from the official return made to the State superintendent of public 
 schools for the preceding year. 
 
 Section 127. All of; the school mill fund not distributed or expended 
 during the financial year shall at its close be added to the permanent 
 school fund. 
 
 REVISED STATUTES OF MARYLAND 
 
 The revised statutes affecting the schools in Maryland cover 57 pages. 
 The following quotations are made: 
 
 1. There shall be throughout the State of Maryland a general System 
 of free public schools, according to the provisions of this article. 
 
 102 
 
2. Educational matters affecting the State and the general care and 
 supervision of public education shall be entrusted to a State board of edu¬ 
 cation. 
 
 3. Educational matters affecting a county shall be under the control of 
 
 a board of county school commissioners. t 
 
 4. Educational matters affecting a school district shall be under the 
 supervision of a board of district school trustees. 
 
 5. Provides that the governor, with the consent of the senate, if in 
 session, shall appoint the six members of the State board of education. 
 
 6. Provides that he will appoint the county school commissioners, the 
 number varying according to the different counties specified. 
 
 7. Provides that the district school trustees (three persons) shall be 
 appointed by the county school commissioners. 
 
 8. Provides for the time of the meetings of the State board. 
 
 9. Provides for the headquarters. 
 
 10. Provides that members of the board shall receive no salaries but 
 that actual expenses shall be paid. 
 
 11. Confers on the State board comprehensive visitorial power which 
 is summary and exclusive. It gives the State board power to advise the 
 county board, the latter to act accordingly. 
 
 12. Provides that the State board shall have the general care and super¬ 
 vision of the public school interests of the State. 
 
 13. Provides that they shall issue a uniform series of blanks. 
 
 14. When requested by the board of county school-commissioners they 
 shall examine candidates for county examiner. 
 
 15. That they may grant teachers of long experience and established 
 reputations professional certificates. 
 
 16. That they shall be ex-officio trustees of the State normal schools. 
 
 17. That all schools and colleges receiving State donations shall make a 
 report to them. 
 
 18. That the governor shall appoint the State superintendent of public 
 education, who, ex-officio, becomes a member of the State board. 
 
 19. Provides for his salary and expenses. 
 
 20. Provides for the duties of the State superintendent; such a§ dif¬ 
 fusing information as to the best methods of instruction; receiving and 
 presenting reports to the State board of county boards; examining county 
 boards’ statements of expenditures; arranging for teachers’ institutes, and 
 “in every way conserve the interests and promote the efficiency of the public 
 schools of the State.” 
 
 21. ' Provides for an assistant superintendent. 
 
 22-30. Defines the duties of the county school commissioners, who, in 
 general terms, exercise in the counties supervisory powers over education. 
 Section 26 in this group reads as follows: 
 
 The State school tax and free school fund are primarily intended, under 
 this article, to pay the salaries of the teachers of the several counties and 
 to provide school books and stationery for the children of the State; if, 
 however, in apportioning the said school tax among the different counties 
 and the city of Baltimore, the share of any county should prove inadequate 
 for the purposes aforesaid, then the county commissioners of such county 
 are hereby authorized, empowered, directed and required to levy and collect 
 such a tax upon the assessable property of such county as the board of 
 county school commissioners shall designate to make good the deficiency; 
 provided, that said tax shall not exceed fifteen cents on the hundred dol¬ 
 lars, unless the county commissioners shall approve and sanction an addi¬ 
 tional tax; taxes so levied and collected shall be paid quarterly, on the 
 
 103 
 
day fixed for payment of the State school tax to the several counties (but 
 the proceeds from the special taxes may be paid oftener, upon the order of 
 the board of county school commissioners to the treasurer of said board of 
 county school commissioners) in order that the schools of said counties 
 may be kept open for time herein set forth, and said tax shall be levied 
 and collected as other taxes; any sums of money which may have been 
 specially collected or levied on any election or school house district for 
 educational purposes connected with these districts, shall be collected and 
 applied to the purposes so intended originally, and shall be used for no 
 other purpose; and if said funds have been used otherwise they shall be 
 returned and applied as aforesaid. 
 
 31-36. These cover the duties of district school trustees in considerable 
 detail. 
 
 37-41. Cover school houses and sites. In general, they give the board 
 of county commissioners power of condemnation for land not exceeding one 
 acre, when arrangement cannot be made at private purchase, but condem¬ 
 nation must be confirmed by a judge of the circuit court of the county. 
 
 42-52. Cover the ordinary details of schools; sessions, subjects/ of in¬ 
 struction, etc. 
 
 53-62. These refer to teachers. Among other things, these sections pro¬ 
 vide (Section 54) “Any graduate of the department of pedagogy of any 
 reputable college or university maintaining a department of pedagogy that 
 has been approved by the State board of education of Maryland, shall be 
 entitled to teach in the public elementary or high schools of the State of 
 Maryland without examination.” Note—This seems to emphasize the State 
 control. 
 
 63-66. These refer to pupils. 
 
 67-71. Text-books and other incidentals not particularly germane to the 
 subject. 
 
 72-81. Examiners, and other details not germane to the subject. 
 
 82-91. Normal schools, which are all State institutions. Provide for a 
 grant of $1,000 annually for repairs for the “Maryland State Normal 
 School of Baltimore.” 
 
 92-120. Refer to teachers’ institutes, teachers’ associations and public 
 libraries. 
 
 121-124. Provide for education in the city of Baltimore. Note—No¬ 
 where in these articles is the method for the appointment of school com¬ 
 missioners in Baltimore designated. This section (121) gives to the city 
 the whole of the State’s power over public schools in the city. 
 
 125-130. Refer to high schools. 
 
 131-134. Schools for colored children. 
 
 135-140. Refer to sources of income. 
 
 (135. A State tax of fifteen cents on every hundred dollars property as 
 
 a general state levy.) 
 
 136. The treasurer, on the warrant of the Comptroller, shall pay to each 
 county of the city of Baltimore the proportion of the free school fund to 
 which each city or county is entitled. 
 
 137. The comptroller to turn this money over to the several counties 
 and the city of Baltimore. 
 
 The other sections provide for the method of distribution. 
 
 142-147. Industrial schools in the counties. 
 
 148-152. Farmers’ institutes. 
 
 153-172. Provisions for attendance. The remaining sections relate to 
 provisions for special institutions. 
 
 104 
 
REVISED LAWS OF MASSACHUSETTS—1902 
 Title X 
 Chapter 39 
 
 Section 1. The hoard of education shall consist of the governor and 
 lieutenant-governor and eight other persons, one of whom shall annually 
 in May be appointed by the governor, with the advice and consent of the 
 Council, for a term of eight years. 
 
 Section 2. The board may appoint a secretary, who, under its direction, 
 shall make the abstract of school returns required by the provisions of 
 section seven, shall collect and distribute information respecting the con¬ 
 dition and efficiency of the public schools and other means of popular educa¬ 
 tion and the best system of studies and the best method of instruction. 
 
 Section 7. The secretary shall suggest improvements in the present 
 system of public schools to the board and to the general court, etc. 
 
 Section 8. He shall, under the direction of the board, give sufficient 
 notice of and attend such meetings of teachers of public schools, of mem¬ 
 bers of the school committees of the several towns and of friends of educa¬ 
 tion generally in any county as may assemble at the time and place desig¬ 
 nated by the board; and shall at such meetings devote himself to collecting 
 information relative to the condition of the public schools of such county; 
 the fulfilment of their duties by the school committees of all the cities and 
 towns, and the condition of the towns in regard to teachers, pupils, books, 
 apparatus and methods of education, with a view to enabling him to fur¬ 
 nish all information desired for the annual report. 
 
 Chapter 41 
 
 Section 1. The present school fund of the commonwealth, such addi¬ 
 tions as may be made thereto and any money received by the commonwealth 
 from the government of the United States, the (disposition of which is not 
 otherwise provided for, shall constitute a permanent fund, to be called the 
 “Massachusetts School Fund.” The principal thereof shall not be dimin¬ 
 ished and the income shall be appropriated as hereinafter provided. 
 
 Section 2. The sum of one hundred and fifty thousand dollars shall 
 annually be paid from the treasury of the commonwealth into said fund 
 until the principal thereof amounts to five millions of dollars. 
 
 Section 4. One-half of the annual income of the said school fund shall, 
 without a specific appropriation, be apportioned and distributed for the 
 support of public schools in the following manner (amount of distribution 
 follows). The remainder of said half shall be distributed to towns. (Here 
 follows distribution.) 
 
 Section 7. The income of said fund shall be applied by the school com¬ 
 mittees of the towns receiving it to the support of the public schools 
 therein; but said committees may apply not more than twenty-five per cent, 
 to the purchase of books of reference, maps and apparatus for the use of 
 said schools. 
 
 GENERAL STATUTES—MINNESOTA—1913 
 
 Section 2670. Public School tuition free .—All public schools, supported 
 in whole or in part by State school funds, shall be styled “public schools” 
 and admission and tuition therein shall be free to all persons between the 
 ages of five and twenty-one years, etc. 
 
 Section 2895. State apportionment of school fund .—The State superin¬ 
 tendent shall apportion the available current school fund among the coun¬ 
 ties on the first Monday of March and October in each year, in proportion 
 
 105 
 
to the number of scholars of school age entitled to apportionment therein, 
 etc. 
 
 Section 2915. State school tax. —There shall be levied annually upon the 
 taxable property of the State a tax of one and twenty-three one hundredth 
 mills on the dollar, to be known as the State school tax, of which one 
 mill on the dollar shall be added to the general school fund, etc. 
 
 Section 2916. County school tax—district tax. —The county board shall 
 extend upon the tax lists of the county, in the same manner as district 
 school taxes are extended, a tax of one mill on the dollar on the taxable 
 property in each district, to be known as the county school tax. * * * 
 
 The tax levied by school districts shall be known as the district school tax. 
 
 Section 2917. District school tax. —In common districts such district 
 school tax shall not exceed fifteen mills on the dollar for the support of 
 schools, or ten mills for the purchase of school sites and the erection and 
 equipment of school houses; but in such districts in which said ten mill 
 tax will not produce six hundred dollars, a greater tax may be levied for 
 school sites and buildings, not to exceed twenty-five mills on the dollar. 
 * * * In independent districts no tax in excess of eighteen mills 
 
 on the dollar shall be levied for the purpose of school sites and the erection 
 of school houses. * * * Provided, that in any common school 
 
 district of this State, in which there is now or shall hereafter be main¬ 
 tained a high school or graded school, the district school tax for the sup¬ 
 port of schools may be not to exceed twenty-five mills on the dollar. 
 
 Section 2918. District School Tax—in districts having 50,000 inhabi¬ 
 tants. 1 —In all districts having 50,000 inhabitants or more there may be 
 levied, independently of and in addition to, other sums for school purposes 
 authorized by law, the following two additional amounts: first, four 
 mills on the dollar for the purchase of school sites and the erection, re¬ 
 pair, furnishing and fitting of school buildings, payment of teachers’’ 
 salaries, and the general maintenance of schools, which amount to the 
 extent of three and one-Jialf mills only, may be appropriated to general 
 maintenance and the remainder to one or more of such uses; second, an 
 amount not exceeding one mill for increase of teachers’ salaries provided 
 that the total levy in any such district for the maintenance of schools 
 shall not exceed nine mills on the dollar. 
 
 Section 2919. Same—in districts having not less than 20,000 nor more 
 than 50,000 inhabitants. —School districts now or hereafter having not less 
 than 20,000 nor more than 50,000 inhabitants are hereby empowered to 
 annually levy, for the general fund of such school district, a school tax 
 not exceeding eleven mills on the dollar of the valuation of all taxable 
 property in such school district. 
 
 Section 2921. Taxes in certain districts having not less than 10,000 nor 
 more than 20,000 inhabitants. —Special school districts having not less 
 than 10,000 nor more than 20,000 inhabitants are hereby empowered tc 
 annually levy for general school purposes a general school tax not exceed¬ 
 ing nine mills On the dollar of the valuation of all taxable property in 
 said districts, etc. 
 
 Section 2923. Taxes in districts under special laws and containing less 
 than 3,000 inhabitants. —The school board of any district within this State 
 organized and existing under any special law and containing a population 
 of less than 3,000 people is hereby authorized to levy a tax not to ex¬ 
 ceed twenty mills on the dollar for school purposes, exclusive of tax levy 
 for interest on bonded indebtedness, sinking fund, or building fund, not¬ 
 withstanding any limitation as to the amount of tax which may be levied 
 by the special act under which said school district was organized. 
 
 Section 2924. Tax in certain districts ivhose boundaries are coterminous 
 with those of cities of the fourth class. —The board of education of any 
 
 106 
 
school district within this State organized and existing under any special 
 law passed prior to January, 1867, and whose boundaries are coterminous 
 with the boundaries of any city of the fourth class is hereby authorized 
 to levy a tax of not to exceed twenty mills on the dollar for school pur¬ 
 poses, exclusive of tax levied for interest on bonded indebtedness, sinking 
 fund, or building fund, etc. 
 
 Section 2926. (Provides for repayment of excessive taxes.) 
 
 State Aid 
 
 Section 2927. Standing appropriations for schools. —There are hereby 
 appropriated annually, out of any moneys in the State treasury not other¬ 
 wise appropriated, the following sums: 
 
 1. For aid to high schools, two hundred and seventeen thousand dollars. 
 
 2. For aid to graded schools, seventy-nine thousand dollars. 
 
 3. For aid to semi-graded schools, sixty-seven thousand dollars. 
 
 4. For aid to common schools, one hundred thousand dollars. 
 
 Section 2929. Annual appropriation in aid of common schools. —There 
 
 is hereby annually appropriated from the revenue fund of this State fifty 
 thousand dollars in aid of the common schools of the State, etc. 
 
 Section 2930. How distributed. —The amount so appropriated shall be 
 annually divided among and distributed to the several counties of this 
 State for the use and benefit of and in aid of the common schools thereof, 
 etc. 
 
 Section 2931. Not to be used for sites or buildings. —No part of the 
 money hereby appropriated shall be available for or be used for the pur¬ 
 pose of any school site or the erection of any school building. 
 
 NEBRASKA—RE VISED STATUTES—1913 
 Article XXIV 
 
 7007. Section 308. School districts in metropolitan cities — organiza¬ 
 tion. —-Each incorporated metropolitan city in the State of Nebraska, or 
 those hereinafter incorporated as such, shall constitute one school district 
 and be known by the name of the school district of (name of city), in 
 the county of (name of county), in the State of Nebraska, and as such 
 in that name shall be a body corporate and possess all the usual powers 
 of a corporation for public purposes, and in that name and style may 
 sue, and be sued, purchase, hold and sell such personal and real estate, 
 and control such obligations as are authorized by law; and the title to 
 all school buildings or other property, real or personal, owned by any 
 school district within the corporate limits of metropolitan cities shall, 
 upon the organization of a district under the provisions of this article, 
 vest immediately in the new district, and the board of education, by this 
 article provided, shall have exclusive control of the same for all purposes 
 in this article contemplated. 
 
 7009. Section 310. Property subject to school tax. —All property with¬ 
 in the corporate limits of metropolitan cities, except such property as 
 now is or may hereafter be exempt by law, shall be subject to taxation 
 for all the school purposes contemplated in this article. 
 
 7027. Section 328. Estimate of expenses—tax levy. —The board of 
 education shall annually, during the month of January, estimate the 
 amount of resources likely to be received for school purposes, including 
 the amounts available from fines, licenses and other sources; they shall 
 report during the month of January to the city council the number of 
 mills tax on the dollar deemed necessary to be levied upon all taxable 
 property of the district, during the fiscal year next ensuing, for the sup- 
 
 107 
 
port of the schools, for the purchase of school sites, for the erection and 
 furnishing of school buildings, for the payment of interest upon all 
 bonds issued for school purposes, and for the creation of a sinking fund 
 for the payment of such indebtedness; and the city council is hereby 
 authorized, directed and required to levy and collect the number of mills 
 tax so reported and demanded by the board of education in the same 
 manner as other taxes are levied and collected; PROVIDED, HOWEVER, 
 in case the purchase of school sites and the erection of buildings shall 
 require an expenditure exceeding $25,000 for any one calendar year the 
 question shall be submitted to a vote of the electors of said district. 
 
 7028. Section 329. Tax limit .—The aggregate school tax shall in no 
 one year exceed two per cent, upon all the taxable property of the 
 district. 
 
 7029. Section 330. Taxes to be paid in money .—All taxes collected for 
 the benefit of public schools shall be paid in money and shall be subject to 
 the order of the board of education. 
 
 7034. Section 335. Funds of district—care and custody of .—All moneys 
 arising from any source whatever, which are payable to the school fund 
 of any city of the first class which may become a metropolitan city, or 
 any moneys which are required to be set apart by the treasurer of any 
 such city for the support and maintenance of any school therein, shall be 
 payable to the treasurer of the board of education, and shall be used only 
 for the purposes specified in this article. 
 
 NEW HAMPSHIRE—Public Statutes—1901 
 Superintendent of Public Instruction 
 
 Section 1. The Governor, with advice of council, shall appoint a su¬ 
 perintendent of public instruction, who shall hold office for the term of two 
 years, and shall have general supervision and control of the educational 
 interests of the State. 
 
 Section 2. The superintendent, of public instruction shall prescribe the 
 form of register to be kept in the schools, and the form of blanks and 
 inquiries for the returns to be made by the school boards, and shall season¬ 
 ably send the same to the clerks of the several towns and cities for the 
 use of the school boards therein; he shall receive, preserve or distribute 
 all State documents in regard to public schools or education, and shall 
 receive and arrange in his office reports and returns of school boards; he 
 shall investigate the condition and efficiency of the system of popular 
 education in the State (especially in relation to the amount and character 
 of the instruction given to the study of physiology and hygiene, having 
 special reference to the effects of alcoholic stimulants and narcotics upon 
 the human system, and shall recommend to school boards what he considers 
 the best text-books upon those subjects and suggest to them the best mode 
 of teaching them),* etc., etc. 
 
 State Appropriation. 
 
 1899. Chapter 77. Section 6. The sum of $25,000 shall be appropriated 
 annually from the State treasury for the purposes of this act. Twenty- 
 five per cent, of the entire appropriation shall be set apart each year to 
 carry into effect Section 3 of this act. Any portion of the sum so set 
 apart and not expended as aforesaid shall remain in the State treasury 
 to be used in any subsequent year, if needed, to carry out the purposes 
 of this section. The remainder shall be paid by the State treasurer in 
 December of each year to all the towns of the State in which the equalized 
 
 ♦Inserted 1895, 35: 1. 
 
 108 
 
valuation is less than $3,000 for each child of the average attendance in 
 the public schools of such towns during the school year next preceding, and 
 such other towns as may be added as hereinafter provided, on the sworn 
 statement of the superintendent of public instruction certifying as to what 
 amount each town is entitled, in direct proportion to said average attend¬ 
 ance and in inverse proportion to the equalized valuation per child, and 
 shall be used exclusively for the support of the public schools. The Gover¬ 
 nor and council may, upon recommendation of the superintendent of public 
 instruction, add to the class of towns specified above in this paragraph such 
 other towns as may seem from their peculiar conditions to need relief 
 from too great a burden of school taxation. 
 
 NEW JERSEY STATUTES—1910 
 Article I 
 
 Section 1. Provides for creation of State board of education 
 Article II 
 
 Section* 6. Appointment; Salary; Office; Expenses. —The State super¬ 
 intendent of public instruction shall be appointed by the governor, by 
 and with the advice and consent of the senate, for the term of five years 
 and until his successor shall be appointed and confirmed. 
 
 Section 9. Duties of State Superintendent. —The State superintendent 
 of public instruction shall be the secretary of the State board of educa¬ 
 tion and a member ex-officio of all boards of examiners. He shall enforce 
 all rules and regulations prescribed by the State board of education. He 
 shall have supervision of all the schools of the State receiving any part 
 of the State appropriation. He shall from time to time instruct county 
 and city superintendents as to their duties and as to the best manner of 
 conducting schools, constructing school houses and furnishing the same. 
 
 Article VI 
 
 Section 75. Board of School Estimate; Determination of Moneys 
 Necessary for Schools; Appropriations Pursuant Thereto. —Between the 
 15th day of May and the 1st day of June in each year said board of school 
 estimate shall fix and determine the amount of money necessary to be 
 appropriated for the use of the public schools in such district for the 
 ensuing school year, exclusive of the amount which shall have been 
 apportioned to it by the county superintendent of schools. * * * Pro¬ 
 
 vided, that any amount in excess of % of one per centum of the taxable 
 valuation of real and personal property shall be appropriated only with 
 the concurrence and consent of said common council, board of finance or 
 other body, expressed by its resolution duly passed; and provided further, 
 that if the charter of the city shall limit the amount of tax or the rate 
 of taxation in such city, so that the purposes of this section cannot be 
 carried out, or shall otherwise by its terms prevent the carrying out of 
 said purposes, said charter limitations shall be hereafter held not to 
 apply to the raising of money under the provisions of this section. 
 
 Section 76. Raising Money to Purchase Land or Erect , Enlarge, Repair 
 or Furnish School Rouses; Estimate and Determination of Amount Neces¬ 
 sary; Certificates; Making of Appropriations; Issue of School Bonds .— 
 Whenever a city board of education shall decide that it is necessary to 
 raise money for the purchase of lands for school purposes, or for erecting, 
 enlarging, repairing or furnishing a school house or school houses, it 
 shall prepare and deliver to each member of the board of school estimate of 
 such school district a statement of the amount of money estimated to be 
 
* necessary for such purpose or purposes, and shall make two certificates 
 of such amount, one of which certificates shall be delivered to said board 
 of education, and the other to the common council, board of finance or 
 other body in the city having the power to make appropriations of money 
 raised by tax in such city; said common council, board of finance or other 
 body may appropriate such sum or sums for such purpose or purposes 
 in the same manner as other appropriations are made by it, and said sum 
 or sums shall be raised, assessed, levied and collected at the same time 
 and in the same manner as moneys appropriated for other purposes in 
 such city are raised, assessed, levied and collected; * * * provided,, 
 
 that the total amount of bonds for the purposes named in this section, 
 including bonds heretofore issued for such purposes and not redeemed, 
 shall not exceed at any one time a sum equal to three per centum of 
 the taxable valuation of the real and personal property in such city; 
 provided further, that if the charter of the city shall limit the amount of 
 the indebtedness in such city, or shall by its terms prevent the carrying 
 out of the provisions of this section, said charter provisions shall be here¬ 
 after held not to apply to the issuing of bonds under the provisions of this 
 section. 
 
 Article XVII 
 
 Section 177. For the purpose of maintaining free public schools there 
 shall be appropriated each year from any moneys in the State treasury 
 not otherwise apportioned such sum, not less than $100,000, as may be 
 determined' by the legislature in the annual appropriation act; which sum 
 shall be appropriated among and paid to the several counties in the pro¬ 
 portion that the ratables each of said counties shall bear to the total 
 ratables of the State. * * * In addition to the amount so determined 
 
 and appropriated, a State school tax shall be annually assessed, levied 
 and collected upon the taxable real and personal property in the State. 
 * * * Said tax shall be such an amount as will make * * * a sum 
 
 equal to 2% mills of each dollar of valuation of the taxable real and per¬ 
 sonal property, etc., etc. 
 
 OREGON LAWS (Lords, Vol. II) 
 
 All the laws of a general nature in force in the State of Oregon, includ¬ 
 ing the sessions of 1909 and the laws and the constitutional amendments 
 adopted at the general election of 1910. 
 
 Section 3948. Governor, Secretary of State and the Superintendent of 
 Public Instruction shall constitute the State Board of Education. 
 
 Section 3950. Powers — 
 
 1. To authorize textbooks to be used in public schools. 
 
 2. To prepare a State course of studies for grammar grade schools. 
 
 3. To prescribe rules and regulations for the general government of 
 public schools, and for the maintenance of discipline therein, etc., etc. 
 
 PENNSYLVANIA CODE—PROVISIONS AFFECTING EDUCATION- 
 
 1913 
 
 Section 120. Provides, in effect, that public school property heretofore 
 held by various school divisions “shall be owned by and vested in the 
 proper school district established by this act, within whose boundaries 
 such property is situated, except as herein provided,” and each school 
 district hereby established shall succeed to and shall assume and pay all 
 the rights, liabilities and indebtedness of the school district or districts, 
 etc. 
 
 (Note: —Apparently this directly transfers all school properties to 
 certain territorial districts, divided according to State lines.) 
 
 110 
 
Section 123. Each school district in this Commonwealth shall have 
 the right to sue and be sued in its corporate name. 
 
 Section 402. In order to establish, etc., schools, or pay school indebted¬ 
 ness, etc., the “Board of school directors in each school district in this 
 Commonwealth shall be, and hereby is, vested with all the necessary 
 authority and power annually to levy and collect, in the manner herein 
 provided, the necessary taxes required, in addition to the annual State 
 appropriation, and shall have and be vested with all necessary power and 
 authority to comply with and carry out any or all of the provisions of 
 this act. 
 
 (Note-: —Philadelphia is in a district of the first class, so this covers 
 that city. It is also to be understood that the board enjoys this power 
 as a State agent.) 
 
 Section 403. The affirmative vote of a majority of the board of school 
 directors, etc., is required to take action on the following subjects: (Here 
 follows a list of usual duties), “fixing salaries or compensation of officers, 
 teachers or other appointees of the board of school directors.” 
 
 Section 501. All taxes required by any school district in this Common¬ 
 wealth, in addition to the State appropriation, shall be levied by the 
 board of school directors therein. 
 
 Section 506. The board of school directors may, in order to purchase 
 the required sites, grounds, additional lands, etc., or retire or pay existing 
 indebtedness incurred by a municipality, create and incur an indebtedness 
 against any such school district and issue bonds to secure the same 
 * * * to any amount; that the total indebtedness shall never exceed 
 
 seven per cent, upon the assessed value of the taxable property for school 
 purposes. 
 
 (But note that no municipality or district may incur any new debt 
 or increase its indebtedness to an amount exceeding two per cent. This- 
 really means that the seven per cent, clause refers to the existing in¬ 
 debtedness of the municipality when this Constitution took effect. 
 Practically, therefore, the limit for bonds issued is two per cent.) 
 
 Section 508. Provides that school districts may create temporary loans 
 of 2/10 of one per cent, of the total value of taxable property in the 
 district. 
 
 Section 524. In effect provides that board of public education in school 
 districts of the first class shall levy an annual school tax of not less 
 than five nor more than six mills on the dollar. 
 
 Section 532. Provides, in effect, that the board of education must make 
 a budget, but this budget is simply for the information of the taxpayer, 
 as it goes before no other official body. 
 
 Section 602. Gives the board of school directors authority “to acquire 
 in the name of the district, by purchase, lease, gift, devise, agreement, con¬ 
 demnation or otherwise, any and all such real estate, vacant or occupied, 
 as the board of directors may deem necessary, to furnish suitable sites 
 for school buildings. 
 
 PHILADELPHIA CHARTER—1905 
 
 Section The Department of Education shall continue as now estab¬ 
 lished by law. 
 
 The Board of Education is not a city department. (The Board of Edu¬ 
 cation v. Shoyer, 13 D. R., 110 (1904) ; affirmed by Sup. Court, apl. 1904.) 
 
 PHILADELPHIA DIGEST—Page 506 (1905) 
 
 Section 79. He, the said superintendent, shall decide without appeal and 
 without costs to parties, all disputes which may arise or exist between 
 
 111 
 
directors or comptrollers of any district; between directors or comptrollers 
 of adjoining districts, or between comptrollers and treasurers and directors 
 or comptrollers concerning the duties of their respective offices. 
 
 Section 80. He shall, whenever required, give advice, explanation, in¬ 
 struction or information to district officers and to citizens relative to the 
 common school law, the duties of common school officers, the rights and 
 duties of parents, guardians, pupils and all others, the management of the 
 schools and all other questions and matters calculated to promote the 
 cause of education. 
 
 Section 84. He shall provide a seal with suitable device for the use of 
 the department of common schools, by which copies of papers deposited and 
 filed therein, and all official acts and decisions may be authenticated under 
 said seal. 
 
 GENERAL LAWS OF RHODE ISLAND—1909 
 
 Chapter 63 
 
 Section 1. The general supervision and control of the public schools of 
 the State, with such high schools, normal schools and normal institutions 
 as are or may be established and maintained wholly or in part by the State, 
 shall be vested in a board of education, which shall consist of the governor 
 and the lieutenant-governor, as members by virtue of their office, and of 
 one other member from each of the counties of the State, with the excep¬ 
 tion of Providence county, which shall have two other members. The 
 board of education shall elect the commissioner of schools. 
 
 Chapter 64 
 
 Section 1. There shall be annually elected a commissioner of public 
 schools in the manner prescribed in the previous chapter, who shall devote 
 his time exclusively to the duties of his office. In case of sickness, tem¬ 
 porary absence or other disability, the governor may appoint a person to 
 act as commissioner during such absence, sickness or disability. 
 
 Section 3. The commissioner of public schools shall visit as often as 
 practicable every town in the State, for the purpose of inspecting the 
 schools, and diffusing as widely as possible, by public addresses, communi¬ 
 cations with school officers, teachers and parents, a knowledge of the de¬ 
 fects and of the desirable improvements in the administration of the sys¬ 
 tem and the government and instruction of the schools. 
 
 Section 4. He shall, under the direction of the board of education, rec¬ 
 ommend and bring about, as far as practicable, a uniformity of text-books 
 in the schools of all the towns; and shall assist in the establishment of 
 and selection of books for school libraries. 
 
 Chapter 65 
 
 Section 1. The sum of $120,000 shall be dnnually paid out of the income 
 of the permanent school fund, and from other money in the treasury, for 
 the support of public schools in the several towns, on the order of the com¬ 
 missioner of public schools. 
 
 Section 2. That the sum of $120,000 shall be apportioned by the com¬ 
 missioner of public schools among the several towns as follows: The sum 
 of one hundred dollars shall be apportioned for each school, not to exceed 
 fifteen in number in any one to\yi; the remainder shall be apportioned in 
 proportion to the number of children from five to fifteen years of age inclu¬ 
 sive, in the several towns, according to the school census then last pre¬ 
 ceding. 
 
 Section 4. No town shall receive any part of such State appropriation 
 unless it shall raise by tax for the support of public schools a sum equal to 
 
 112 
 
the amount it may receive from the treasury for the support of public 
 schools. 
 
 Section 10. There shall be an annual appropriation for the support and 
 maintenance of evening schools in the several towns of this State, under 
 the general supervision of the State board of education, who shall appor¬ 
 tion said appropriation among the several towns. 
 
 Chapter 74 
 
 Section 2. Any town maintaining a high school having a course of study 
 approved by the State board of education shall be entitled to receive 
 annually from the State $20 for each pupil in average attendance, for the 
 first twenty-five pupils, and $10 for each pupil in average attendance for 
 the second twenty-five pupils. 
 
 TEXAS CIVIL STATUTES—1913 
 Chapter 10—State Board of Education 
 
 Article 2729. Shall Make Apportionment. The State board of education 
 shall on or before the first day of August in each year, based on the esti¬ 
 mate theretofore furnished said board by the comptroller, make an appor¬ 
 tionment for the succeeding scholastic year of the available State school 
 fund among the several counties of the State, and the several cities and 
 towns and school districts constituting separate school organizations, ac¬ 
 cording to the scholastic population of each; and, thereupon, the State 
 superintendent of public instruction, as secretary of such board, shall 
 certify to the treasurer of each county, city or town, and of each school 
 district constituting a separate school organization, the total amount of 
 available school fund so ' apportioned to each such county, city or town or 
 school district, which certificate shall be signed by the governor, as presi¬ 
 dent of such board, countersigned by the comptroller, and attested by the 
 State superintendent of public instruction, as secretary of such board. 
 
 Chapter 16—Independent Districts 
 
 Article 2850. Application to County Judge for Elections. At any time 
 hereafter, it shall be lawful for any town or village which may desire to 
 incorporate for school purposes only, to make application to the county 
 judge for the organization of an independent school district, as provided 
 for by the general statutes governing such case, and for the election of a 
 board of trustees, as provided in this title, and on receipt of such applica¬ 
 tion it shall be the duty of the county judge to proceed as required in 
 articles.... and.... of this chapter. 
 
 Article 2851. Incorporation. A town or village authorized to incor¬ 
 porate under this chapter, or having two hundred inhabitants or over, may 
 form an incorporation for free school purposes only, which may include 
 within its bounds a town or village incorporated for municipal purposes, 
 the same not having assumed control of the public schools within its 
 limits; provided, that the territory so incorporated for free school purposes 
 shall not exceed an area of twenty-five square miles. * * * When a 
 
 town or village is included in a corporation for free school purposes, and 
 such town or village shall afterwards be incorporated for municipal pur¬ 
 poses, it shall not thereby acquire a right to take the control of the schools 
 within its limits out of the hands of the school corporation. 
 
 Article 2856. General Laws Apply to All Districts. All school districts, 
 heretofore provided for by special act of the legislature, are placed under 
 the general laws relating to incorporated school districts, and all provi¬ 
 sions of any and all such special acts in conflict with the general laws are 
 hereby specifically repealed, except in so far as those acts relate to the 
 
 113 
 
boundaries established by the acts incorporating such districts. All in¬ 
 corporated districts, having each fewer than one hundred and fifty scho¬ 
 lastics according to the latest census, shall be governed in the general 
 administration of their schools by the laws which apply to common school 
 districts; and all funds of such districts shall be kept in the county deposi¬ 
 tories and paid out on order of the trustees approved by the county super¬ 
 intendent. 
 
 Chapter 17—Exclusive Control by Cities and Towns—Independent Districts 
 
 Article 2867. City or Town May Assume Control of Schools. Any city 
 or town in this State may acquire the exclusive control of the public free 
 schools within its limits. 
 
 Article 2870. Shall Receive Pro Rata of School Funds. Such city or 
 town, after notice to the State board of education that it has determined 
 to assume control of the public free schools within its limits, shall receive 
 such pro rata of the available school fund as its scholastic population may 
 entitle it to. 
 
 Article 2871. General Laws Shall Govern. Schools thus organized and 
 provided for by incorporated cities and towns shall be subject to the 
 general laws, so far as the same are applicable; but each city or town hav¬ 
 ing control of schools within its limits shall constitute a separate school 
 district, and may provide for the organization of schools and the appro¬ 
 priation of its school funds in such manner as may be best suited to its 
 population and condition. 
 
 Article 2875. Local Maintenance Tax. After a city or town has assumed 
 control of the public free schools within its limits, the council or board 
 of aldermen shall also submit the question to the property taxpayers as to 
 whether or not the additional amount as provided for hereinafter shall be 
 raised by taxation. 
 
 Article 2879. In a city or town that has assumed the exclusive control 
 of the public free schools within its limits and has decided under the laws 
 providing therefor that a special tax shall be levied for the support of such 
 public free schools, the mayor and the council or board of aldermen of such 
 city or town shall annually assess and levy such tax by ordinance duly 
 passed and approved in the same manner as is required in the assessment 
 and levy of taxes for general purposes in such city or town. In a city or 
 town which has voted upon and directed the levy of a special tax not ex¬ 
 ceeding one-half of one per cent, the mayor or council or board of aldermen 
 of such city or town shall annually levy such rate of tax for public school 
 purposes, not exceeding one-half of one per cent., as shall be sufficient for 
 the support of the public free schools for the term as required by law; but 
 in a city or town that has voted upon and decided, at an election held for 
 that purpose, that a special rate of tax shall be assessed and levied in such 
 city or town for the support of its free public schools, the mayor and 
 council or board of aldermen of such city or town shall have no discretion 
 in fixing the rate at which such tax shall be levied, but shall assess and 
 levy the same at the rate fixed in the proposition as submitted and adopted 
 by the qualified voters of such city or town at the election held for that 
 purpose. 
 
 WASHINGTON CODE (Pierce’s) 1912 
 
 An act establishing, providing for the maintenance of, and relating to a 
 general and uniform public school system for the State of Washington 
 * * * repealing all acts and parts of acts in conict with the provisions 
 
 of this act. Approved, March 11, 1909. 
 
 Title 413 
 
 Section 1. A general and uniform system of public schools shall be 
 
 114 
 
maintained throughout the State of Washington and shall embrace common 
 schools (including high and elementary schools, schools for special help 
 and discipline schools, or departments of special instruction), technical 
 schools, etc., etc., and such other educational institutions as may be 
 established by law and maintained at public expense. 
 
 Section 2. The administration of the public school system shall be en¬ 
 trusted to a superintendent of public instruction and State board of 
 education, to regents or trustees for educational institutions, the county, 
 superintendent of common schools, two boards of directors and the district 
 clerks. 
 
 Section 13. State Board of Education. —The State board of education 
 shall consist of the superintendent of public instruction, the president of 
 the University of Washington, the president of the State College of Wash¬ 
 ington, the principal of one of the State Normal Schools, etc., etc. 
 
 Section 21. (Subdivision seven of powers and duties.) To prepare and 
 outline course or courses of study for the primary, grammar and high 
 school departments of the common schools, and to prescribe such rules for 
 the general government of the common schools as shall secure regularity 
 of attendance, prevent truancy, secure efficiency and promote the true 
 interests of the common schools. (Subdivision ten.) To prepare uniform 
 questions for use in the examination of the pupils of the schools of the 
 State completing the grammar school courses of study, and to prescribe 
 uniform rules and regulations for the conducting of such examinations. 
 
 Section 205. Common schools shall include schools that are maintained 
 at public expense in each school district and under the control of boards 
 of directors, etc. 
 
 Section 431. Tax Levy—Limit of Expenditures. —The board of directors 
 shall annually * * * report to the board of county commissioners an 
 
 estimate of the amount of funds in addition to estimated receipts from 
 the State and county * * * required for the support of the schools, 
 
 for the purchase of school sites, the erection and furnishing of school 
 buildings, and payment of interest upon all bonds issued for school pur¬ 
 poses, and the creation of a sinking fund * * * and the county com¬ 
 missioners are hereby authorized and required to levy and collect such 
 an additional amount of funds, the same as other taxes * * * Di¬ 
 
 rectors may annually expend in cities having a population greater than 
 one hundred thousand and less than two hundred thousand a sum not 
 exceeding two hundred thousand dollars, and for every additional fifty 
 thousand of population a further sum of fifty thousand dollars, etc. 
 
 Section 433. Limit of Tax Levy. —The tax levy for school purposes in 
 districts of the first class shall in no one year exceed one per cent, of the 
 assessed value of all taxable property in the district; provided that when 
 any expenditure shall be necessary in any one current year * * * if a ma¬ 
 jority of the electors voting thereon * * * shall be in favor of such addi¬ 
 tional tax the entire amount so authorized shall be levied and collected. 
 No levy, however, shall exceed two per cent, of all the taxable property of 
 said district. 
 
 Section 605. Permanent Fund. —The principal of the common school 
 fund shall remain permanent and irreducable. The said fund shall be 
 derived from the following sources (here follows description of sources of 
 funds). 
 
 Section 609. Current Fund; Tax Levy. —Interest accruing on said 
 permanent school fund, etc., etc., shall be applied to the current use of the 
 common schools. In addition, it shall be the duty of the State board of 
 equalization * * * to levy a tax sufficient to produce a sum which 
 
 * * * will equal $10 for each child of school age residing in the State—- 
 
 tax not to exceed five mills on the dollar. 
 
 115 
 
WISCONSIN STATUTES—1913 
 The State Superintendent 
 
 Section 116. Supervisors’ Duties Generally. He shall have general 
 supervision over the common schools of the State. * * * To prepare 
 
 a statement of the condition of the common schools, the State graded 
 schools, the city graded schools, the free high schools and independent high 
 schools, the manual training schools, the schools established for the pur¬ 
 pose of giving instruction in agriculture and domestic science, the county 
 training schools for teachers, the day schools for the deaf, the State 
 normal schools, the State university and such other schools as may be 
 hereafter established by law. 
 
 School Fund Tax 
 
 Section 1072a. There is appropriated annually to the common school 
 fund income an amount equal to 7.10 of one mill for each dollar of the 
 assessed valuation of the taxable property in the State, as determined 
 by the tax commission, exclusive of the property of corporations which 
 pay license fees, or which are assessed for taxation by the tax commission, 
 to be derived annually as follows: Two hundred thousand dollars from 
 the license fees or taxes paid by said corporations and the balance from 
 a tax which shall be levied on all other taxable property * * * and 
 
 the amount thereof shall be disbursed in the manner and under the condi¬ 
 tions and restrictions provided for the disbursement of the common school 
 income. 
 
 Apportionment of Income 
 
 Section 554. The school fund shall be apportioned by the State Super¬ 
 intendent between the 10th and 15th days of December in each year. The 
 amount to be so apportioned shall include all moneys belonging to said 
 fund * * *. Such apportionment shall be made among the several 
 
 counties, towns, villages and cities according to the number of children in 
 each over the age of four and under the age of twenty years, as 
 shown by the reports made to the State Superintendent. 
 
 PUBLIC STATUTES OF VERMONT—1906 
 Title II 
 
 Section 914. 1 Election, duties, etc., of Superintendent ' of Education. 
 The generally assembly shall elect at each biennial session a superin¬ 
 tendent of education, who shall have general supervision of the public 
 schools and devote his whole time to the duties of his office, etc. 
 
 Section 920. Reports. Said superintendent shall present to the gen¬ 
 eral assembly on the first day of each biennial session a report of his 
 official acts for the preceding two years, and a statement of the condition 
 of schools, and the expenditure of school money, with such plans for the 
 improvement of schools as he deems proper. 
 
 Section 923. Courses of Study. Said superintendent may when neces¬ 
 sary prepare and issue a course of study for use in elementary schools as 
 a requisite for admission to high schools and academies. 
 
 Section 1013. Elementary Schools. A school performing the work pre¬ 
 scribed in a nine years’ course of study or part thereof, prepared by the 
 superintendent of education for ungraded schools, shall be considered an 
 elementary school. 
 
 Section 1072. Permanent Public School Fund. The sum of two hun¬ 
 dred and forty thousand dollars returned by the national government to 
 
 116 
 
the State in settlement of the Civil War claims, the Huntington fund, 
 the United States deposit money, and such other additions as may be 
 made to the fund hereby established shall be held intact and in reserve 
 as a permanent public school fund. 
 
 Section 1084. Distribution of Permanent Public School Fund. (Pro¬ 
 visions for distribution of public school fund, and States:) “The income 
 thus distributed shall be used solely for the support of public schools, 
 and shall in unorganized towns and gores be divided equally between 
 the several school districts which have maintained a local school the 
 preceding year, and in towns having a district incorporated by a special 
 act of the general assembly as is provided for the division in such towns 
 of money received from the State school tax.” 
 
 Section 1091. State School Tax. A tax of eight cents on the dollar 
 shall be annually assessed upon the grand list for the support of public 
 schools. 
 
 Appendix 3 
 
 COPIES OF LEGAL DECISIONS 
 
 Gunnison v. Board of education—176 N. Y., 11 
 Hutchinson, et al., v. Skinner—21 Misc., 729 
 Ham v. Mayor of City of New York—70 N. Y., 459 
 People v. Board of Education of Saratoga Springs—54 Barb., 480 
 - State ex rel Clark v. Haworth—122 Ind., 462 
 Fuller v. Heath—89 Ill., 312 
 Speight, et al., v. The People—87 Ill., 599 
 State ex rel Ogan—159 Ind., 121 
 
 Williams v. Board of Education, City of Parsons—106 Pac. Kep. 36 
 Howard v. Independent School District of Nez Perces—106 Pac., 692 
 United Elec. Light and Power Co.—affd. 136 App. Div., 931 
 
 LEGAL DECISIONS 
 
 Gunnison v. Board of Education, 176 N. Y., 11 (1903) 
 
 The only relation the city has to public education is as the custodian 
 and depository of school funds, and its only duty with respect to that fund 
 is to keep it safely and disburse the same according to the directions of its 
 board of education. The city as trustee has the title to the money, but it 
 is under the care, control and administration of the board of education, 
 and all suits in relation to it must be brought in the name of the 
 board. * * * 
 
 It is apparent from the general drift of the argument that the learned 
 counsel for the defendant is of the opinion that the employment of teachers 
 in the public schools and the general conduct and management of the 
 schools is a city function in the same sense as it is in the care of the 
 streets, or the employment of police and the payment of their salaries and 
 compensation; but that view of the relation of the city to public education, 
 if entertained, is an obvious mistake. The city cannot rent, build or buy 
 a school house, it cannot employ or discharge a teacher, and has no power 
 to contract with teachers with respect to their compensation. There is no 
 contract or official relation, express or implied, between the teachers and 
 the city. All this results from the settled policy of the State from an 
 early date to divorce the business of public education from all other munic¬ 
 ipal interests, and to take charge of it as a peculiar and separate function, 
 through agents of its own selection and immediately subject and responsible 
 to its control. * * * 
 
 117 
 
The following statement, taken from the printed argument in support of 
 the appeal clearly discloses the counsel’s position with respect to the right 
 to bring suits of this character against the board of education under the 
 present charter: 
 
 “What we urge in this connection is that the legislature in making the 
 board of education a member of one of the administrative departments of 
 the city of New York have devolved upon the city itself, acting through 
 one of its departments, the State functions which were formerly directly 
 imposed upon the board of education as a separate public corporation. 
 In this respect the board of education is similar to the department of 
 health, the police department, the department of public charities and the 
 fire department. No more reason exists for holding that a common law 
 action should be brought against the board of education for holding that 
 , such actions should be brought against the members of the other depart¬ 
 ments above named.” 
 
 Surely if this is a correct statement of the law a great change has been 
 made in the new charter, since it is in that charter that we still find all 
 the statutory provisions quoted above, and notably that provision wherein 
 it is declared that the board of education shall, in its corporate capacity, 
 represent the entire school system. If the State departed from the settled 
 policy that has prevailed since its organization of keeping the work of 
 public education and the control and management of its schools separate 
 and distinct from all other municipal interests and business by the selec¬ 
 tion of its own agents and clothing them with corporate powers to repre¬ 
 sent the schools, such as school districts and boards of education, and has 
 devolved these powers and duties directly upon the city, we would naturally 
 expect to find such a departure and notable change expressed in language 
 so clear that no doubt could arise as to this change of policy. If the board 
 cannot be sued for teachers’ wages and the teacher must resort to a suit 
 against the city, then surely the board must have sunk into a mere city 
 agency and it no longer has any use for independent corporate powers. 
 Public education then becomes a city function EXPOSED TO THE TAINT 
 OF CURRENT MUNICIPAL POLITICS and to any and every general mis¬ 
 management that may prevail in city departments. (O’Brien, J.) 
 Hutchinson et al. v. Skinner, 21 Misc., 729 (Sup. Ct., Sp. Term, 1897) 
 
 A case where the local school board could not agree on appointments.. 
 Decision gave power to Superintendent of Public Instruction to open the 
 school, make appointments, etc. 
 
 Ham v. Mayor City of Neio York, 70 N. Y., 459 (1877) 
 
 The department of public instruction of the city of New York created 
 under and by the act of 1871, Sec. 7, Ch. 574, Laws of 1871, reorganizing 
 the local government of the city, although formally constituted a part of 
 the city government, is charged with the performance of duties, not local 
 or corporate, but relating and belonging to an administrative branch of the 
 State government. The commissioners of said department have also exclu¬ 
 sive authority as to the employment and control of subordinates and ser¬ 
 vants. The city corporation, therefore, is not liable for negligence or un¬ 
 skillfulness in the discharge of their duty on the part of subordinates or 
 servants employed by the commissioners. 
 
 The act of 1871 does not, however, declare that this department should 
 possess the powers and privileges of a corporation, but it evidently was the 
 apparent intention to make its officers and servants, to a great extent, in¬ 
 dependent of the corporation and not liable to the control of the city gov¬ 
 ernment. Whether it was a corporate body is not material, for although 
 formally constituted a department of the municipal government, the duties 
 which it was required to discharge were not local or corporate, but related 
 
 118 
 
and applied to an important branch of the administrative department of 
 the State government. 
 
 People v. Board of Education, Saratoga Springs, 54 Barb., 480 (1867) 
 
 Where the trustees of a village who were required by statute to raise 
 I and collect by tax, as other taxes are collected, such sums as the board of 
 
 education created by such statute should deem necessary to organize and 
 carry on schools in the village—on being notified by such board of its de¬ 
 termination as to the sum needed for the purpose expressed in this act— 
 refused to raise same by tax, held that they could be compelled by man¬ 
 damus to do so. 
 
 State ex rel. Clark v. Haworth, School Trustee of Monroe School Township, 
 
 Howard County, Indiana. 122 Ind., 462 
 
 In a case in which the relator petitioned for the right of mandate to 
 compel the trustees of Monroe Township to certify to the County Superin¬ 
 tendent of Schools the number of text-books required for children, and to 
 procure and furnish such text-books, the judge said: 
 
 The act assailed does not impinge in the slightest degree on the right of 
 local self-government. The right of local self-government is an inherent 
 and not a derivative one. It is the right which a man possesses in virtue 
 of his character as a freeman. It is not bestowed by the legislature nor 
 derived from statutes, but the courts, which have carried to its utmost 
 extent the doctrine ai local self-government, have never so much as inti¬ 
 mated that it exists as a matter over which the Constitution has given 
 the law-making power a supreme control. Nor have they gone beyond the 
 line which separates matters of purely local concern from those of State 
 control. Essentially and intrinsically the schools in which are trained the 
 children who are to become the rulers of the commonwealth are matters of 
 the State and not of local jurisdiction. In such matters the State is the 
 unit and the legislature the source of power. The authority over schools 
 and school affairs is not necessarily a distributive one to be exercised by 
 local instrumentalities, but, on the contrary, it is a central power residing 
 in the legislature of the State. It is for the law-making power to deter¬ 
 mine whether the authority shall be exercised by a State board of educa¬ 
 tion or distributed. With that determination the judiciary can no more 
 rightfully interfere than can the legislature with a decree or judgment 
 pronounced by a legislative tribunal. 
 
 That the control of schools and school affairs is vested in the law-making 
 power of the State, that the schools are intrinsically matters of State con¬ 
 cern and not of a local nature, our constitution declares in language that 
 cannot be mistaken. It is a matter of State and not of locality. The 
 language of the constitution is: “Knowledge and learning generally diffused 
 throughout the community being essential to the preservation of free gov¬ 
 ernment, it shall be the duty of the General Assembly, by all suitable 
 means, to provide by law for a general and uniform system of common 
 schools, etc.” The constitution enjoins the duty and confers the power. 
 
 Fuller v. Heath, 89 Ill., 312 (1878) 
 
 The officers of a city may b£ vested with power by the legislature to levy 
 and collect taxes for the support of common schools. Such laws, wherever 
 found, are a part of the school laws of the State, and not strictly a part of 
 the dharter or law of the State. In such case the city officers are mere 
 agencies of the public to carry into effect the objects and purposes of the 
 general school system. * * * 
 
 Before the adoption of the present constitution the city of Chicago was 
 by law given the title of all school lands within its boundaries and was 
 clothed with the power of collecting taxes for school purposes and charged 
 with the duty of supporting its schools. The laws on this subject in force 
 
 119 
 
at that time, whether embodied in form in the charter of the city, or in 
 amendments to the charter, or in laws not purporting in form to be a part 
 of its charter, must be regarded as a part of the school laws, and not as 
 strictly as part of its charter for strictly city purposes. 
 
 Speight et al. v. The People, 87 Ill., 599 (1877) 
 
 There is no limitation in the constitution to the powers of the legisla¬ 
 ture in providing for the formation of school districts nor in describing 
 who shall or who shall not be empowered with the levy, collection and 
 custody of school taxes. These are wholly within the discretion of the. 
 legislature. 
 
 So, although the General Assembly may require the boundary lines of 
 cities to be adopted as lines for the formation of school districts, and that 
 city officers shall perform the duties of school officers, such officers will in 
 the exercise of their different functions, represent the corporations to 
 which these functions respectively appertain—those belonging to the. 
 city under its charter in the one case, and those relating to schools under 
 the school law in the other. As affecting the power of the city council to 
 levy taxes for free school purposes under the charter which vests in the 
 city officers the control over such schools within territorial limits of the 
 city, all laws, whether in city charters or elsewhere, upon that subject 
 may be regarded simply as school laws and as a part pi the law designed 
 to execute the mandates of the constitution in respect to a free school 
 system. 
 
 The constitutional prohibition that the General Assembly shall not pass 
 any local or special law providing for the management of common schools 
 does not operate to prevent the levying of taxes for school purposes and 
 the custody of the funds when the taxes are collected. * * * There 
 
 is a distinction in this regard between the establishing of a school and 
 providing for its support and its management or conduct when established 
 and supported. 
 
 State, ex rel., v. Ogan, 159 Ind"., 121 
 
 As will hereafter appear, progress will be made in the solution of the 
 question before us by considering the character of school corporations in 
 their relation to the State. The Constitution does not direct the General 
 Assembly to provide for the organization of the common schools, but it 
 directs that body to devise “a system of common schools.” Art. 8, Sec., 
 1. The word “system” is thus defined j)y the Encyclopaedic Dictionary: 
 “A plan or scheme according to which things are connected or combined 
 into a whole; as assemblage of facts, or of principles and conclusions, 
 scientifically arranged or disposed according to certain mutual relations, 
 so as to form a complete whole; as a system of philosophy, a system, of 
 government, etc.” A system of school government in which the cap-sheaf 
 is a State officer, having authority more or less broad, as the legislature 
 may provide, but which, of necessity, reaches down to and affects the 
 schools themselves, is a centralized, and not a localized form of school 
 government. Judge Cooley, in his great chapter on decentralization, 
 recognizes the distinction between that class of public corporations where 
 the people voluntarily take upon themselves the corporate function, and 
 that class of quasi corporations that exist under the general laws of the 
 State apportioning the territory of the State into political divisions for 
 convenience of government, and requiring of the people residing within 
 those divisions the performance of certain public duties as a part of the 
 machinery of the State. Whether the inhabitants, says the author, ‘‘shall 
 assume those duties or exercise those powers, the people of the political 
 divisions are not allowed the privilege of choice; the legislature assume 
 
 120 
 
this division of the State to be essential in republican government, and 
 the duties are imposed as a part of the proper and necessary burden which 
 the citizens must bear in maintaining and perpetuating constitutional 
 liberty.” Cooley’s Const. Lim. (5th ed.) 240. The following quotation 
 from the case of City of Lafayette v. Jenners, 10 Ind., 70, 77, is apropos 
 here: “And we have seen that common schools as a whole, are made a 
 State institution—a system co-extensive with the State, embracing within 
 it every citizen, every foot of territory, and all the taxable property in 
 the State.” “Essentially and intrinsically,” said this court in State v. 
 Haworth, 122 Ind., 462, 465, 7 L.R.A. 240, “the schools in which are 
 educated and trained the children who are to become the rulers of the 
 commonwealth are matters of State, and not of local jurisdiction. In 
 such matters the State is a unit, and the legislature the source of power. 
 The authority over schools and school affairs is not necessarily a distribu¬ 
 tive one to be exercised by local instrumentalities; but on the contrary, 
 it is a central power, residing in the legislature of the State. It is for 
 the law-making power to determine whether the authority shall be exer¬ 
 cised by a State board of education, or distributed to county, township 
 or city organizations throughout the State.” 
 
 William v. Board of Education of City of Parsons, 106 Pac. Rep., 36 
 (Supreme Court of Kansas, Jan. 8, 1910) 
 
 The control of city schools, including the selection of sites and the dis¬ 
 tribution of pupils, is devolved by the legislature on the board of educa¬ 
 tion, and the discretion committed to that body is to be exercised un¬ 
 trammeled by judicial interference, and its decisions are final, except when 
 its action is capricious or arbitrary. 
 
 Howard, Appellant, v. Independent School District No. 1 of Nez Perce 
 County, Respondent, 106 Pac. 692, Idaho 
 
 (Supreme Court, January, 1910) 
 
 4. An independent school district, created and organized under special 
 charter from the territorial legislature, is as fully an “educational cor¬ 
 poration,” under the control of the State within the purview of Sec. 2, art. 
 11 of the constitution as is anv other educational corporation within the 
 State. 
 
 Idaho 541 
 
 An independent school district organized and existing under a special 
 charter at the time of the adoption of the constitution was as much 
 an “educational corporation” as any other educational institution that had 
 been incorporated under special charter. There is nothing in the organiza¬ 
 tion and existence of an independent school district chartered for the 
 purpose of maintaining and conducting “public, free common schools” that 
 is in conflict with either the letter or spirit of the constitution. The 
 mere fact of its existence is not obnoxious to the uniformity requirement 
 of the constitution. 
 
 Law Journal—May 18, 1909 
 SUPREME COURT—Special Term, Part IV 
 By Mr. Justice MacLean 
 
 The United Electric Light & Power Co., v. Board of Education 
 
 To the complaint of the plaintiffs, alleging forty-six causes of action 
 upon as many contracts made at different times with tli£ defendant for 
 the supply of electric current for lighting purposes in certain public 
 school buildings of the city, performance by the plaintiff and neglect and 
 refusal by the defendant to pay the sums due on said contracts, and the 
 
 121 
 
filing of its claims with the neglect and refusal by the comptroller of 
 the city to adjust or pay the same more than thirty days prior to the 
 commencement of this action, the defendant demurs on the grounds that 
 the City of New York and not the defendant herein is the proper party 
 defendant, and that the complaint does not state facts sufficient to con¬ 
 stitute a cause of action. The facts stated in the complaint and admitted 
 in the demurrer do set forth a cause of action upon a disputed claim 
 against the defendant under Sec. 1055 of the Greater New York Charter 
 as “The only relation that the city has on the subject of public education 
 is as the custodian and depository of school funds, and its only duties 
 with respect to that fund is to keep it safely and disburse the same accord¬ 
 ing to the instructions of the Board of Education.” (Gunnison v. Board 
 of Education, 176 N. Y., 11, 17; Fidelity and Deposit Company v. City 
 of New York, 108 App. Div., 263.) Whatever be the jurisdiction of the 
 Commissioner of Water Supply, Gas and Electricity under Sec. 469 of 
 said charter relative to public buildings, it may hardly under the rules 
 of statutory construction be held to include control of the subject matter 
 of the present action, as care and control of the property in question 
 is vested in the Board of Education, the city being custodian of the fee 
 by Sec. 1055 of said charter, and as “the policy of this State for more 
 than half a century has been to separate public education from all other 
 municipal functions and entrust it to independent corporate agencies of 
 its own creation.” (Gunnison v. Board of Education, supra, at p. 25). 
 As said therein at page 26, “It is still the sole representative of the 
 school system,, with exclusive powers to control, manage and administer 
 all school property and school funds.” The demurrer will therefore be 
 overruled with costs, but with leave to the defendant to answer. 
 
 This decision follows Gunnison, and was affirmed, 136 App. Div., 931, 
 January, 1910. 
 
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 122