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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

occur.

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 regulations 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.

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institutions

ART. X, SEC. 1. Educational 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.

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CONSTITUTION OF WYOMING, JULY 10, 1890.1

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

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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.

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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.

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and Superintendent of Public

SEC. 12. The powers and duties of the Instruction shall be prescribed by law.

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

ARTICLE VII.-Education.

SEC. 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 public good may require and the means of the State allow, and such other institutions as may be necessary.

SEC. 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 sixteen and thirty-six in each township in the State and the lands 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 belonging to the common school fund.

SEC. 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.

SEC. 4. All moneys, stocks, bonds, lands and other property belonging 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.

SEC. 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.

SEC. 6. All funds belonging to the State for public school purposes, the interest and income of which 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.

SEC. 7. The income arising from 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 of free schools in every county in the State.

SEC. 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 what

soever.

SEC. 9. The legislature shall make such further provision by taxation or other wise, 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 six and twenty-one 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 six and eighteen years for a time equivalent to three years, unless educated by other means.

SEC. 10. In none of the public schools so established and maintained shall distinction or discrimination be made on account of sex, race or color.

SEC. 11. Neither the legislature nor the superintendent of public instruction shall have power to prescribe text books to be used in the public schools.

SEC. 12. No sectarian instruction, qualificatious 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.

SEC. 13. The governor, secretary of state, state treasurer and superintendent of public instruction shall constitute the board of land commissioners, which, under direction of the legislature, as limited by this constitution, shall have the direction, control, leasing and disposal 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.

SEC. 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.

SEC. 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 be granted hereafter by congress 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 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 approved by the land commissioners, but may not be sold on terms not approved by congress.

SEC. 16. The university shall be equally open to students of both sexes, irrespective of race or color; and, in order that the instruction furnished may be as nearly free as possible, any amount in addition to the income from its grants of lands and other sources above mentioned, necessary to its support and maintenance in a condition of full efficiency shall be raised by taxation or otherwise, under provisions of the legislature.

SEC. 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.

Article VII, section 23, locates the State University at the city of Laramie, and provides that the legislature shall have no power to change or locate it permanently, but may, ten years after the adoption of the constitution, provide by law for submitting the question of the permanent location to the popular vote.

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CONSTITUTION OF MISSISSIPPI, NOVEMBER 1, 1890.1

ART. III, SEC. 18. No religious test as a qualification for office shall be required; and no preference shall be given by law to any religious sect, or mode of worship; but the free enjoyment of all religious sentiments and the different modes of worship shall be held sacred. The rights hereby secured shall not be construed to justify acts of licentiousness injurious to morals or dangerous to the peace and safety of the State, or to exclude the Holy Bible from use in any public school of this State.

ART. IV, SEC. 90. The Legislature shall not pass local, private, or special laws providing for the management or support of any private or common school, incorporating the same or granting such school any privileges.

ARTICLE VIII.-Education.

SEC. 201. It shall be the duty of the Legislature to encourage by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement, by establishing a uniform system of free public schools, by taxation, or otherwise, for all children between the ages of five and twenty-one years, and, as soon as practicable, to establish schools of higher grade.

SEC. 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.

SEC. 203. There shall be a Board of Education, consisting of the Secretary of State the Attorney General, and the Superintendent of Public Education, for the management and investment of the school funds, according to law, and for the performance of such other duties as may be prescribed. The Superintendent and one other of said Board shall constitute a quorum.

SEC. 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 otherwise provide for the discharge of the duties of County Superintendent, or abolish said office.

SEC. 205. 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 to only such part of the free school fund as may be required to pay the teacher for the time actually taught.

SEC. 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 distributed among the several counties and separate school districts, in pro

Journal of the proceedings of the constitutional convention of the State of Mississippi, begun in the city of Jackson on August 12, 1890, and concluded November 1, 1890. Printed by authority. Jackson, Miss.: E. L. Martin, printer to the convention, 1890.

The governor is elected once in four years at a general election held the first Tuesday after the first Monday in November. The secretary of state must be at least twenty-five years of age, and must have been a citizen of the State five years preceding the day of his election.

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