Page images
PDF
EPUB

The constitution of 1857 says:

ARTICLE IX.-FIRST.-EDUCATION.

SEC. 1. The educational interest 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.

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.

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 practicable, into two equal ciasses, and the seats of the first class shall be vacated after the expiration of two years; and onehalf of the board shall be chosen every two years thereafter.

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 election; after which the general assembly may fix the time and place of meeting.

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.

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 distributed in the same manner as the journals of the general assembly.

7. All rules and regulations made by the board shall be published and distributed to the several counties, townships, and school districts, as may be provided for by the board, and when so made, published, and distributed, they shall have the force and effect of law.

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 repealed by the general assembly; and when so altered, amended, or repealed, they shall not be re-enacted by the board of education. 9. The governor of the State shall be, ex officio, a member of said board. 10. The board shall have no power to levy taxes or make appropriations of money. Their contingent expenses shall be provided for by the general assembly. 11. The State university shall be established at one place, without branches at any other place, and the university fund shall be applied to that institution and no other.

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 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 its portion of the school fund.

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.

14. A majority of the board shall constitute a quorum for the transaction of business; but no rule, regulation, or law for the government of common schools, or other educational institutions, shall pass without 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."

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 educa

tion, and provide for the educational interest of the State in any other manner that to them shall seem best and proper.

SECOND.-SCHOOL FUNDS AND SCHOOL LANDS.

SEC. 1. The educational and school funds and lands shall be under the control and management of the general assembly of this State.

2. The university lands, and the proceeds thereof, and all moneys belonging to said fund, shall be a permanent fund for the sole use of the State university. The interest arising from the same shall be annually appropriated for the support and benefit of said university.

3. The general assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. 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.

4. The money which may have been or shall be paid by persons 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, 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 such districts, to the support of common schools, or the establishment of libraries, as the board of education shall from time to time provide.

5. The general assembly shall take measures for the protection, 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 sales 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 and the arts and sciences, as may be authorized by the terms of such grant. 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.

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.

7. The money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths between the ages of five and twenty-one years, in such manner as may be provided by the general assembly.

WISCONSIN.

Occupied by fur traders in 1670. Organized as a Territory in 1836. Area, 53,924 square miles. Admittted as a State in 1848.

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

ARTICLE X.-EDUCATION.

SEC. 1. The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct. The state superintendent shall be chosen by the qualified electors of the State, in such manner as the legislature shall provide; his powers, duties, and compensation shall be prescribed by law: Provided, That his compensation shall not exceed the sum of twelve hundred dollars annually.

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 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, where 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 entitled "An act to appropriate the proceeds of the sales of the public lands, and to grant preemption 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 appropriation 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 the school lands, shall be exclusively applied to the following objects, to wit:

1. To the support and maintenance of common schools in each school district, and the purchase of suitable libraries and apparatus therefor.

2. The residue shall be appropriated to the support and maintenance of academies and normal schools, and suitable libraries and apparatus therefor.

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.

4. Each town and city shall be required to raise by tax, annually, 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 purposes from the income of the school fund.

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.

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 connecting with the same from time to time such colleges in different parts of the State as the interests of education may require. The proceeds of all lands that have been or may hereafter be granted by the United States to the State for the support of a univers y, shall be and remain a perpetual fund, to be called the "university fund," the interest of which shall be appropriated to the support of the State university; and no sectarian instruction shall be allowed in such university.

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. 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 portion 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 re-maining unpaid, with seven per cent. interest thereon, payable annually at the office of the treasurer. The commissioners shall be authorized to execute 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 paid. The commissioners 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 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.

CALIFORNIA.

Settled in 1769 by the Spanish. Area, 155,500 square miles. Admitted into the Union in 1850.

[blocks in formation]

SEC. 1. The legislature shall provide for the election by the people of a superintendent of public instruction, who shall hold his office for three years, and whose duties shall be prescribed by law, and who shall receive such compensation as the legislature may direct.

2. The legislature shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The proceeds of all land that may be granted by the United States to this State for the support of schools, which may 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 A. D. 1841; 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 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.

3. The legislature shall provide for a system of common schools, by which a school shall be kept up and supported in each district at least three months in every year; and any school district neglecting to keep up and support such a school may be deprived of its proportion of the interest of the public fund during such neglect.

4. The legislature shall take measures for the protection, 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 the State for the use of a 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, with such branches as the public convenience may demand, for the promotion of literature and the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university.

MINNESOTA.

Explored by French traders in 1659.

in 1849. Area, 81,259 square miles. 1858.

Organized as a Territory in Admitted into the Union in

1850...

POPULATION.

6, 077 || 1860....

172, 413

Article eighth of the constitution relates to school funds, education, and science.

ARTICLE VIII.-SCHOOL FUNDS, EDUCATION, AND SCIENCE.

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 to establish a general and uniform system of public schools.

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 in this 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 intrusted 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 lands shall be distributed to the different townships throughout the State, in proportion to the number of scholars in each township between the ages of five and twenty-one years, and shall be faithfully applied to the specific objects of the original grants or appropriations.

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.

4. The location of the University of Minnesota, as established by existing laws, is hereby confirmed, and said institution is hereby declared 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.

OREGON.

Explored by the Spanish in 1775. Organized as a Territory in 1848. Area, 95,274 square miles. Admitted into the Union in 1859.

1850......

POPULATION.
12, 093 || 1860.....

52, 405 The constitution of 1857, still in force, provides in this language for education :

ARTICLE VIII.-EDUCATION AND SCHOOL LANDS.

SEC. 1. The governor shall be superintendent of public instruction, and his powers and duties, in that capacity, shall be such as may be prescribed by law; but after the term of five years from the adoption of this constitution, 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. 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 grant shall

« ՆախորդըՇարունակել »