of the State; but the legislature shall provide by general law for the organization of corporations hereafter to be created: Provided, That any such general law shall be subject to future repeal or alteration by the legislature.

ART. XII, SEC. 4. *

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* That cities and towns may contract indebtedness for school, water, sanitary, and illuminating purposes: Provided, That any city or town contracting such indebtedness shall own its just proportion of the property thus created, and receive from any income arising therefrom its proportion to the whole amount so invested.

ART. XVIII, 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 county superintendent of public instruction. * * * The salary and qualifications of the county superintendent shall be fixed by law.

ILLINOIS.

ART. IV, SEC. 22. The general assembly shall not pass local or special laws in any of the following enumerated cases; that is to say, for

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Providing for the management of common schools, ART. V, SEC. 1. The executive department shall consist of a governor, superintendent of public instruction, and attorney general, who shall each hold his office for the term of four years from the second Monday of January next after his election and until his successor is elected and qualified. * *

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# shall be held *

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SEC. 3. An election for superintendent of public instruction on the Tuesday next after the first Monday of November in the year 1870, and every four years thereafter. SEC. 5. * ** Neither the governor, * * superintendent of public instruction, nor attorney general shall be eligible to any other office during the period for which he shall have been elected. SEC. 20. If the office of

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* * 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.

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SEC. 21. The officers of the executive department, and of all the public institutions of the State, shall, at least 10 days preceding each regular session of the general assembly, severally report to the governor, who shall transmit such reports to the general assembly,

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ART. VIII, SEC. 1. The general assembly shall provide a thorough and efficient system of free schools whereby all children of this State may receive a good common-school education.

SEC. 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. SEC. 3. 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 public fund whatever 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 controlled 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 sectarian purpose.

SEC. 4. 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, with which such officer or teacher may be connected, under such penalties as may be provided by the general assembly.

SEC. 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.

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ART. IX, SEC. 3. Such other property as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery, and corporate purposes all municipal corporations may be vested with authority to be only by general law.

SEC. 8. County authorities shall never assess taxes the aggregate of which shall exceed 75 cents per $100 valuation, except for the payment of indebtedness

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existing at the adoption of this constitution, unless authorized by a vote of the people of the county.

SEC. 9. The general assembly may vest the corporate authorities of cities, towns, and villages with power to make local improvements by special assessment or by special taxation of contiguous property, or otherwise. For all other corporate purposes all municipal corporations may be vested with authrity to assess and collect taxes.

SEC. 12. No county, city, township, school district, or other municipal corporation shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding 5 per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness. Any county, city, school district, or other municipal corporation incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within 20 years from the time of contracting the same. This section shall not be construed to prevent any county, city, township, school district, or other municipal corporation from issuing their bonds in compliance with any vote of the people which may have been had prior to the adoption of this constitution in pursuance of any law providing therefor.

INDIANA.

ART. I, SEC. 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution.

ART. IV, SEC. 22. The general assembly shall not pass local or special laws in any of the following enumerated cases, that is to say:

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Providing for supporting common schools, and for the preservation of school funds; *

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ART. VIII, SEC. 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.

SEC. 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 fourteenth 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 no special purpose is expressed in the grant, and the proceeds of the sales thereof; including the proceeds of the sales of the swamp lands 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 the property of corporations that may be assessed by the general assembly for common-school purposes.

SEC. 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.

SEC. 4. The general assembly shall invest, in some safe and profitable manner, all such portions of the common-school fund as have not heretofore been intrusted to the several counties; and shall make provisions, by law, for the distribution, among the several counties, of the interest thereof.

SEC. 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.

SEC. 6. The several counties shall be held liable for the preservation of so much of the said fund as may be intrusted to them, and for the payment of the annual interest thereon.

SEC. 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.

SEC. 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.

ART. IX, SEC. 1. It shall be the duty of the general assembly to provide by law for the support of institutions for the education of the deaf and dumb, and of the blind; and, also, for the treatment of the insane.

SEC. 2. The general assembly shall provide houses of refuge for the correction and reformation of juvenile offenders.

ART. X, SEC. 1. The general assembly shall provide, by law, for a uniform and equal rate of assessment and taxation; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious, or charitable purposes, as may be specially exempted by law.

IOWA.

FIRST.-EDUCATION.

ART. IX, 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.

SEC. 2. No person shall be eligible as a member of said board who shall not have attained the age of 25 years, and shall have been one year a citizen of the State.

SEC. 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 classes, and the seats of the first class shall be vacated after the expiration of two years; and one-half of the board shall be chosen every two years thereafter. SEC. 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.

SEC. 5. The session of the board shall be limited to 20 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.

SEC. 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.

SEC. 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.

SEC. 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 reenacted by the board of education.

SEC. 9. The governor of the State shall be ex officio a member of said board. SEC. 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.

SEC. 11. The State university shall be established at one place without brauches at any other place, and the university fund shall be applied to that institution and no other.

SEC. 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 their portion of the school fund.

SEC. 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.

SEC. 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."

SEC. 15. At any time after the year 1863, 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.

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.

SEC. 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.

SEC. 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 500,000 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 1841, 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. SEC. 4. The money which may have been or shall be paid by persons as an equivalent from 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.

SEC. 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 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 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.

SEC. 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.

SEC. 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 5 and 21 years, in such manner as may be provided by the general assembly.

ART. XII, SEC. 4. All fines, penalties, or forfeitures due, or to become due, or accruing to the State, or to any county therein, or to the school fund, shall inure to the State, county, or school fund, in the manner prescribed by law.

KANSAS.

ART. I, SEC. 1. The executive department shall consist of a governor, and superintendent of public instruction, who shall be chosen by the electors of the State at the time and place of voting for members of the legislature, and shall hold their offices for the term of two years from the second Monday of January next after their election, and until their successors are elected and qualified.

SEC. 2. Until otherwise provided by law, an abstract of the returns of every election of the officers named in the foregoing section shall be sealed up and transmitted by the clerks of the boards of canvassers of the several counties to the secretary of state, who with the liteutenant governor and attorney general shall constitute a board of State canvassers, whose duty it shall be to meet at the State capital on the second Tuesday of December succeeding each election for State officers, and canvas the vote for such officers and proclaim the result; but in case any two or more have an equal and the highest number of votes, the legislature shall by joint ballot choose one of said persons so having an equal and the highest number of votes for said office.

SEC. 14. Should either the secretary of state,

or superintendent

of public instruction, become incapable of performing the duties of his office, for any of the causes specified in the thirteenth section of this article, the governor shall fill the vacancy until the disability is removed, or a successor is elected and qualified. Every such vacancy shall be filled by election at the first general election that occurs more than 30 days after it shall have happened; and the person chosen shall hold the office for the unexpired term.

ART. II, SEC. 23. The legislature, in providing for the formation and regulation of schools, shall make no distinction between the rights of males and females.

ART. V, SEC. 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while ** a student of any seminary of learning.

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ART. VI, SEC. 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. 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.

SEC. 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 normal, preparatory, collegiate, and university departments.

SEC. 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 500,000 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 common 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 the lands and such other means as the legislature may provide, by tax or otherwise, shall be inviolably appropriated to the support of common schools. SEC. 4. The income of the State school funds shall be disbursed annually, by order of the State superintendent, to the several county treasurers, and thence to the treasurers of the several school districts, in equitable proportion to the number of children and youth resident therein between the ages of 5 and 21 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.