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to the purpose for which they were dedicated. The various funds shall be respectively invested under such regulations as may be 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.

ART. XII, SEC. 2. The property of

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school districts




and public libraries shall be exempt from taxation; and such other properties as may be used exclusively for educational purposes may be exempt from taxation. school purposes may be levied on all subjects and objects of taxation, but the assessed valuation of any property shall not exceed that value of that same property for state and county purposes.

SEC. 5. Taxes for



* school district shall be allowed to become indebted

in any manner or for any purpose to an amount, including the existing indebtedness, in the aggregate exceeding three per centum of the value of the taxable property therein.

ART. XVI, SEC. 5. There shall be elected in each county intendent of schools for the term of two years.

one county super



ART. II, SEC. 28. The Legislature is prohibited from enacting any private or special laws for authorizing the apportionment of any part of the school or providing for the management of common schools.


ART. III, SEC. 1. The executive department shall consist of
intendent of Public Instruction.

SEC. 3. The



and a Super

** and Superintendent of Public Instruction shall hold their offices for four years respectively.

SEC. 22. The Superintendent of Public Instruction shall have supervision over all matters pertaining to public schools, and shall perform such special duties as may be prescribed by law. He shall receive an annual salary of twenty-five hundred dollars, which may be increased by law, but shall never exceed four thousand dollars per annum.

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and Superintendent of Public Instruction shall severally keep the public records, books and papers relating to their respective offices at the seat of government.

ART. VI, SEC. 2. The Legislature may provide that there shall be no denial of the elective franchise at any school election on account of sex.

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ART. VIII, SEC. 6. No shall for any purpose become indebted in any manner to an amount exceeding one and one-half per centum of the taxable property in such school district * without the assent of three-fifths of the voters therein, voting at an election to be held for that purpose, nor in cases requiring such assent shall the total indebtedness at any time exceed five per centum on the value of the taxable property therein.

ARTICLE IX.-Education.

SEC. 1. It is the paramount duty of the State to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex.

SEC. 2. The Legislature shall provide for a general and uniform system of public schools. The public school system shall include common schools, and such high schools, normal schools, and 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 exclusively applied to the support of the common schools.

Published by authority. Olympia, Washington: Thomas H. Cavanaugh, public printer.

SEC. 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 land 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 for 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 hereafter 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.

SEC. 4. All schools maintained or supported wholly or in part by the public funds shall be forever free from sectarian control or influence.

SEC. 5. All losses to the permanent common school or any other State educational fund, which shall be occasioned by defalcation, mismanagement 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.

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shall be fostered and sup

ART. XIII, SEC. 1. Educational institutions ported by the State, subject to such regulations as may be provided by law. The regents, trustees, &c., shall be appointed by the governor by and with the advice and consent of the Senate.

ARTICLE XVI.-School and granted lands.

SEC. 1. All the public lands granted to the State are held in trust for all the people, and none of such lands, nor any estate or interest therein, shall ever be disposed of unless the full market value of the estate or interests disposed of, to be ascertained in such manner as may be provided by law, be paid or safely secured to the State; nor shall any lands which the State holds by grant from the United States (in any case in which the manner of disposal and minimum price are so prescribed) be disposed of except in the manner and for at least the price prescribed in the grant thereof, without the consent of the United States.

SEC. 2. None of the lands granted to the State for educational purposes shall be sold otherwise than at public auction to the highest bidder, the value thereof, less the improvements, shall, before any sale, be appraised by a board of appraisers, to be provided by law. The terms of payment also to be prescribed by law, and no sale shall be valid unless the sum bid be equal to the appraised value of said land. In estimating the value of such lands for disposal, the value of improvements thereon shall be excluded: Provided, That the sale of all school and university land heretofore made by the commissioners of any county or the university commissioners when the purchase price has been paid in good faith, may be confirmed by the legislature.

SEC. 3. No more than one-fourth of the land granted to the State for educational purposes shall be sold prior to January 1, 1895, and not more than one-half prior to January 1, 1905: Provided, That nothing herein shall be so construed as to prevent the State from selling the timber or stone off of any of the State lands in such manner and on such terms as may be prescribed by law. And provided, further, That no sale of timber lands shall be valid unless the full value of such lands is paid or secured to the State.

SEC. 4. No more than one hundred and sixty (160) acres of any granted lands of the State shall be offered for sale in one parcel, and all lands within the limits of any incorporated city or within two miles of the boundary of any incorporated city, where the valuation of such lands shall be found by appraisement to exceed one hundred dollars ($100) per acre shall, before the same be sold, be platted into lots and blocks of not more than five acres in a block, and not more than one block shall be offered for sale in one parcel.

SEC. 5. None of the permanent school fund shall ever be loaned to private persons or corporations, but it may be invested in national, State, county or municipal bonds. ART. XXVI. The following ordinance shall be irrevocable without the consent of the United States and the people of this State.

Fourth. Provision shall be made for the establishment and maintenance of systems of public schools free from sectarian control, which shall be open to all the children of said State.


ART. I, SEC. 20. No property qualification shall ever be required for any person to vote or hold office except in school elections, or elections creating indebtedness. ART. III, SEC. 19. The legislature shall not pass local or special laws providing for the management of common schools.


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ART. IV, SEC. 1. The Executive Department shall consist of and a Superintendent of Public Instruction, each of whom shall hold his office for two years. They shall perform such duties as are prescribed by this constitution and as may be prescribed by law.


SEC. 2. The officers named in section 1, of this Article, shall be elected by the qualified electors of the State, at the time and places of voting for members of the Fegislature.

SEC. 3. No person shall be eligible to the office of lic instruction

Superintendent of pub

unless he shall have attained the age of twenty-five years. SEC. 6. If the office of a 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 in such manner as may be provided by law.

SEC. 8. The Governor may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices, which information shall be given upon oath whenever so required.

ART. VI, SEC. 2.

Until otherwise provided by the Legislature, women who have the qualifications prescribed in this Article may continue to hold such offices and vote at such school elections as provided by the laws of Idaho Territory.

ARTICLE IX.-Education and School Lands.

SEC. 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.

'Constitution of the State of Idaho, adopted in convention at Boise City, August 6, 1889, Boise City, Idaho: The Statesman Printing Company, 1889.

SEC. 2. 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 Attorney-General, shall constitute the Board, of which the Superintendent of Public Instruction shall be President.

SEC. 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 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 manner


SEC. 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 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 grants; 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 grants, gifts, devises or bequests made to the State for general educational purposes.

SEC. 5. Neither the Legislature, nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation, 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, controlled by any church or 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.

SEC. 6. No religious 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; 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 char acter shall be used or introduced in any schools established under the provisions of this article, nor shall any teacher or 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.

SEC. 7. The Governor, Superintendent of Public Instruction, Secretary of State, and Attorney-General, 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.

SEC. 8. It shall be the duty of the State Board of Land Commissioners to provide for the location, protection, sale or rental of all the lands heretofore, or which may hereafter be, granted to the State by the General Government, under such regulatious as may be prescribed by law, and in such manner 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 the 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 appli- • cation of the proceeds thereof in accordance with the terms of said grants: Provided, That not to exceed twenty-five sections of school land shall be sold in sub-divisions of not to exceed one hundred and sixty (160) acres, to any one individual, company or corporation.

SEC. 9. The Legislature may require by law that every child of sufficient mental and physical ability shall attend the public school throughout the period between the ages of six and eighteen years, for a time equivalent to three years, unless educated by other means.

SEC. 10. The location of the University of Idaho as established by existing laws is hereby confirmed. All the rights, immunities, franchises, and endowments heretofore granted thereto by the Territory of Idaho are hereby perpetuated 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 ten dollars per acre, and in sub-divisions not to exceed one hundred and sixty acres to any one person, company or corporation.

SEC. 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 or 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.

ART. X, SEC. 1. Educational *** institutions

shall be established

and supported by the State in such manner as may be prescribed by law. ART. XVII, SEC. 6. The Legislature, by general and uniform laws, shall provide for the election biennially in each of the several counties of the State of a probate judge, who is ex officio county superintendent of public schools.


ART. I, SEC. 19. No money of the State shall ever be given or appropriated to any sectarian or religious society or institution.

SEC. 23. The right of citizens to opportunities for education shall have practical recognition. The Legislature shall suitably encourage means and agencies calculated to advance the sciences and liberal arts.

ART. III, SEC. 27. The Legislature shall not pass local or special laws providing for the management of common schools.

SEC. 36. 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 denominational or sectarian institution or association.

ART. IV, SEC. 11. There shall be chosen by the qualified electors of the State and Superintendent of Public Instruction. They shall severally


hold their offices at the seat of government for the term of four years.

SEC. 12. The powers and duties of the

Instruction shall be prescribed by law.

and Superintendent of Public

Report of the Governor of Wyoming to the Secretary of the Interior, 1889, Washington: Government Printing Office, 1889.

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