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intendent of Public Instruction

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who shall have attained the age of twentyThey shall severally hold their offices at the seat of government

for the term of two years.

SEC. 83. The powers and duties of tion

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shall be prescribed by law.

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ART. V, SEC. 128. Any woman having the qualifications enumerated in section 121 of this Article, as to age, residence and citizenship, and including those now qualified by the laws of the Territory, may vote for all the school officers, and upon all questions pertaining solely to school matters, and be eligible to any school office.

Article XIX, sections 215-216, provide for, and mainly locate, numerous State institutions: The State university and the school of mines at the city of Grand Forks; the agricultural college at the city of Fargo; a State normal school, with 50,000 acres of land, at Valley City; a State reform school at the city of Mandan; a State normal school at Mayville, with 30,000 acres of land; an industrial school and school for manual training at the town of Edendale, with a grant of 40,000 acres; a school of forestry at some place to be determined; a scientific school, with 40,000 acres of land, at the city of Wahpeton: Provided, That no other institutions of a character similar to any one of those created by this article shall be established or maintained without a revision of this constitution.

ARTICLE VIII.-Education.

SEC. 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.

SEC. 148. The legislative assembly 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.

SEC. 149. In all schools instruction shall be given as far as practicable 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.

SEC. 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. SEC. 151. The legislative assembly shall take such other steps as may be necessary to prevent illiteracy, secure a reasonable degree of uniformity in course of study and to promote industrial, scientific and agricultural improvement.

SEC. 152. All colleges, universities and other educational institutions, 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 IX.-School and public lands.

SEC. 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 donations to the State for common 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.

SEC. 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 ever 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 portion 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.

SEC. 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 the 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 5 years after the same become salable by virtue of this section. No more than one-half of the remainder within 10 years after the same become salable as aforesaid. The residue may be sold at any time after the expiration of said 10 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 law provide for leasing the same; the words "coal lands" shall include lands bearing lignite coal.

SEC. 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 University and School Lands," and subject to the provisions of this article and any law that may be passed by the legisla tive assembly, said board shall have control of the appraisement, sale, rental and disposal of all school and university lands, and shall direct the investment of the funds arising therefrom in the hands of the state treasurer, under the limitations of section 160 of this article.

SEC. 157. The county superintendent of common schools, the chairman 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, nuder the prescribed terms, and shall first select and designate for sale the most valuable lands.

SEC. 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 5 years, one-fifth in 10 years, one-fifth in 15 years, and one-fifth in 20 years, with interest at the rate of not less than 6 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 situated, and shall be at public auction, and to the highest bidder, after 60 days' advertisement 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 one-quarter section, and those so subdivided in the smallest subdivision. All 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.

SEC. 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 fund shall be deemed a trust fund held by the State, and the State shall make good all losses thereof.

SEC. 160. All land 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.

SEC. 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 the leasing of said lands for a longer period than five years. Said land 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 pasturage and meadow purposes until sold. All rents shall be paid in advance.

SEC. 162. The moneys of the permanent school fund and other educational 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.

SEC. 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.

SEC. 164. The legislative assembly shall have authority to provide by law for the sale or disposal of all public lands that have been heretofore 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.

SEC. 165. The legislative assembly shall pass suitable laws for the safe keeping, transfer and disbursement of the State school funds; and shall require all officers charged with the same or the safe keeping thereof to give ample bonds for all moneys and funds received by them, and if any of said officers shall convert to his own use in any manner or form, or shall loan with or without interest or shall deposit in his own name, or otherwise than in the name of the State of North

Dakota, or shall deposit in any banks or with 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 embezzlement 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 intrusted to any such officer, as by law required or demanded shall be held and be taken to be prima facie evidence of such embezzlement.


ART. V, SEC. 26. The Legislative Assembly shall not pass local or special laws providing for the management of Common Schools.



ART. V, SEC. 35. No appropriation shall be made for charitable, industrial, educational, or benevolent purposes to any person, corporation, or community, not under the absolute control of the State, nor to any denomination or sectarian institution or association.

ART. VII, SEC. 1. The executive department shall consist of and superintendent of public instruction, each of whom shall hold his office four years. They shall perform such duties as are prescribed in this constitution and by the laws of the State.

SEC. 2. The superintendent of public instruction shall be elected by the qualified electors of the State at the time and place of voting for members of the Legislative Assembly.

SEC. 3. No person shall be eligible to the office of superintendent of public instruction, unless he shall have attained the age of thirty years at the time of the election.



In addition to the qualifications above prescribed, each of the officers named shall be a citizen of the United States and have resided within the State or Territory two years next preceding his election. SEC. 4. Until otherwise provided by law the Superintendent of public instruction shall receive a salary of two thousand five hundred dollars per annum. No officer mentioned in this section shall be eligible to, or hold any other public office, except member of the State Board of Education during his term of office.

SEC. 7.

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If the office of

Superintendent of public instruction shall be vacated by death, resignation, or otherwise it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified.

ART. IX, SEC. 10. Women shall be eligible to hold the office of county superintendent of schools, or any school district office, and shall have the right to vote at any school district election.

ART. X, SEC. 1. Educational

institutions * *

shall be established

and supported by the State in such manner as may be prescribed by law.

ARTICLE XI.-Education.

SEC. 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.

SEC. 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;

'Constitution of the State of Montana as adopted by the constitutional convention held at Helena, 1889. Published by authority by the Independent Publishing Company.

lands acquired by gift or grant from any person or corporation under any law or grant of the general government; 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 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. SEC. 3. Such public school fund shall forever remain inviolate, guaranteed by the State against loss or 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.

SEC. 4. The Governor, Superintendent of Public Instruction, Secretary 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 hereafter be granted for the support and benefit of the various State educational institutions, under such regulations and restrictions as may be prescribed by law.

SEC. 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 six and twenty-one years, residing therein respectively, but no district shall be entitled to such distributive share that does not maintain a public free school for at least three months during the year for which distributions shall be made.

SEC. 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.

SEC. 7. The public, free schools of the State shall be open to all children and youths between the ages of six and twenty-one years.

SEC. 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 institution, controlled in whole or in part by any church, sect or denomination whatever.

SEC. 9. No religious or partisan test or qualification 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 educational institution of the State; nor shall any person be debarred admission to any of the collegiate departments of the university on account of sex.

SEC. 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.

SEC. 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 Educa tion, whose powers and duties shall be prescribed and regulated by law. The said board shall consist of eleven members, the Governor, State Superintendent of Public Instruction, and 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 regulations and restrictions to be provided by law.

SEC. 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

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