condition that a majority of the voters who are taxpayers, voting at an election held to decide the question, vote for said increase. For the purpose of erecting public buildings in counties, cities, or school districts, the rates of taxation herein limited may be increased when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people and two-thirds of the qualified voters of such county, city, or school district, voting at such election, shall vote therefor. The rate herein allowed to each county shall be ascertained by the amount of taxable property therein, according to the last assessment for State and county purposes, and the rate allowed to each city or town by the number of inhabitants, according to the last census taken under the authority of the State or of the United States; said restriction as to rates shall apply to taxes of every kind and description, whether general or special, except taxes to pay valid indebtedness now existing or bonds which may be issued in renewal of such indebtedness: Provided, That the city of St. Louis may levy for municipal purposes, in addition to the municipal rate of taxation above provided, a rate not exceeding the rate which would be allowed for county purposes if said city were part of a county.

SEC. 22. The general assembly shall separate the sources of State and local (that is, county, school, and municipal) revenue and establish local option for the counties and municipalities of the State in the selection of the subject of taxation.

SEC. 24. * * The taxation for school purposes within such county or city, by whatever authority levied, shall be made according to the plan of taxation adopted in the county wherein such school district is located, or in the city if the district is located wholly in an incorporated city.

SEC. 25. The taxing power in counties shall be exercised by the county courts thereof, except in counties where the township organization has been, or may be, effected, and there the taxing power shall be exercised by the township board of directors, and the taxation for school purposes in such townships in the counties under township organization shall conform to the taxation adopted in such townships. In cities, the taxing power shall be exercised by the municipal assembly or other body wherein the legislative power thereof is vested by law, subject to the limitations of their respective charters.

SEC. 26. The interest on the certificates of indebtedness of the State for the “public-school fund" and the "seminary fund" shall be paid by the State out of the general revenue of the State, in lieu of the general tax now levied for such purposes: And provided further, That nothing herein contained shall be construed as impairing the obligation of the general assembly to set apart the revenues for the support of the public schools as now provided.

All certificates of indebtedness of the State to the "public-school fund" and to the "seminary fund" are hereby confirmed as sacred obligations of the State to said funds, and they shall be renewed as they mature for such period of time and at such rate of interest as may be provided for by law. The general assembly shall have the power to provide by law for the issuing certificates to the public-school fund and seminary fund as the money belonging to said funds accumulates in the State treasury: Provided, That after the outstanding bonded indebtedness has been extinguished, all money accumulating in the State treasury for the above-named purposes shall be invested in registered county, municipal, or school-district bonds of this State of not less than par value. Whenever the State bonded debt is extinguished, or a sum sufficient therefor has been received, there shall be levied and collected, in lieu of the 10 cents on the $100 valuation now provided for by the statutes, an annual tax not to exceed 3 cents on the $100 valuation to pay the accruing interest on all the certificates of indebtedness, the proceeds of which tax shall be paid into the State treasury and appropriated and paid out for the specific purpose herein mentioned.

ART. XI, SEC. 1. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the general assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this State between the ages of 6 and 20 years, and may establish and maintain free public schools for the gratuitous instruction of all persons in this State between 5 and 6 years of age and over 20 years of age.

SEC. 2. The income of all the funds provided by the State for the support of free public schools shall be paid annually to the several county treasurers, to be disbursed according to law; but no school district in which a free public

school has not been maintained at least three months during the year for which the distribution is made shall be entitled to receive any portion of such funds. SEC. 3. Separate free public schools shall be established for the education of children of African descent.

SEC. 4. The supervision of instruction in the public schools shall be vested in a "board of education," whose powers and duties shall be prescribed by law. The superintendent of public schools shall be president of the board. The governor, secretary of state, and attorney general shall be ex officio members, and, with the superintendent, compose said board of education.

SEC. 5. The general assembly shall, whenever the public-school fund will permit, and the actual necessity of the same may require, aid and maintain the State university, now established, with its present departments. The government of the State university shall be vested in a board of curators, to consist of nine members, to be appointed by the governor, by and with the advice and consent of the senate.

SEC. 6. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by this State or the United States; also all moneys, stocks, bonds, lands, and other property now belonging to any State fund for purposes of education; also the net proceeds of all sales of lands and other property and effects that may accrue to the State by escheat, from unclaimed dividends and distributive shares of the estates of deceased persons; also any proceeds of the sales of the public lands which may have been or hereafter may be paid over to this State (if Congress will consent to such appropriation); also all other grants, gifts, or devises that have been or hereafter may be made to this State, and not otherwise appropriated by the State or the terms of the grant, gift, or devise, shall be paid into the State treasury, and securely invested and sacredly preserved as a public-school fund; the annual income of which fund, together with so much of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining the free public schools and the State university in this article provided for, and for no other uses or purposes whatsoever.

SEC. 7. In case the public-school fund now provided and set apart by law for the support of free public schools shall be insufficient to sustain a free school at least four months in every year in each school district in this State, the general assembly may provide for such deficiency in accordance with section 11 of the article on revenue and taxation; but in no case shall there be set apart less than 25 per cent of the State revenue, exclusive of the interest and sinking fund, to be applied annually to the support of the public schools.

SEC. 8. All moneys, stocks, bonds, lands, and other property belonging to a county school fund; also the net proceeds from the sale of estrays; also the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of the State, and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and be securely invested and sacredly preserved in the several counties, as a county public-school fund; the income of which fund shall be faithfully appropriated for establishing and maintaining free public schools in the several counties of this State.

SEC. 9. No part of the public-school fund of the State shall ever be invested in the stock or bonds or other obligations of any other State, or of any county, city, town, or corporation; and the proceeds of the sales of any lands or other property which now belong, or may hereafter belong, to said school fund, shall be invested in the bonds of the State of Missouri or of the United States.

SEC. 10. All county school funds shall be loaned only upon unencumbered real estate security, of double the value of the loan, with personal security in addition thereto.

SEC. 11. Neither the general assembly, nor any county, city, town, township, school district, or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever anything in aid of any religious creed, church, or sectarian purpose; or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning, controlled by any religious creed, church, or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the State, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.

MONTANA.

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ART. V, SEC. 26. The legislative assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: providing for the management of common schools; * * creating offices, or prescribing the powers or duties of officers in counties, cities, township, or school districts; * * *.

SEC. 33. The general appropriation bills shall embrace nothing but appropriations for the ordinary expenses of the legislative, executive and judicial, departments of the State, interest on the public debt and for public schools. *

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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 denominational or sectarian institution or association.

ART. VII, SEC. 1. The executive department shall consist of a governor, * * * and superintendent of public instruction, each of whom shall hold his office for four years, or until his successor is elected and qualified, beginning on the first Monday of January next succeeding his election, * They shall perform such duties as are prescribed in this constitution and by the laws of the State.

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SEC. 3. No person shall be eligible to the office of governor, lieutenant governor, or superintendent of public instruction, unless he shall have attained the age of 30 years at the time of his 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.

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SEC. 4. Until otherwise provided by law, the * * superintendent of public instruction, shall quarterly as due, during their continuance in office, receive for their services compensation, which is fixed as follows: superintendent of public instruction, $2,500 per annum. * If the office of * SEC. 7. * * 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.

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ART. IX, 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 at any institution of learning.

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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, reformatory, and penal institutions, and those for the benefit of the insane, blind, deaf and mute, soldiers' home, and such other institutions as the public good may require, shall be established and supported by the State in such manner as may be prescribed by law.

ART. XI, 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; lands acquired by gift or grant from any person or corporation under any law or grant of the General Government; and 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 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 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, 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 6 and 21 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 distribution 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 youth between the ages of 6 and 21 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 education, whose powers and duties shall be prescribed and regulated by law. The said board shall consist of 11 members, the governor, State superintendent of public instruction, and attorney general, being members ex officio, the other 8 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 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,

shall be exempt from taxation; and such other property as may be used exclusively for agricultural and horticultural societies, for educational purposes, may be exempt from taxation.

SEC. 5. Taxes for city, town, and school purposes may be levied on all subjects and objects of taxation, but the assessed valuation of any property shall not exceed the valuation of the same property for State and county purposes. ART. XIII, SEC. 6. No city, town, township, or school district shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding 3 per centum of the value of the taxable property therein, to be ascertained by the last assessment for the State and county taxes previous to the incurring of such indebtedness,

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ART. XVII, SEC. 1. All lands of the State that have been, or that may hereafter be granted to the State by Congress, and all lands acquired by gift or grant or devise, from any person or corporation, shall be public lands of the State, and shall be held in trust for the people, to be disposed of as hereafter provided, for the respective purposes for which they have been or may be granted, donated, or devised; and none of such land, nor any estate or interest therein, shall ever be disposed of except in pursuance of general laws providing for such disposition, nor unless the full market value of the estate or interest

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. Said lands shall be classified by the board of land commissioners, as follows: First, lands which are valuable only for grazing purposes. Second, those which are principally valuable for the timber that is on them. Third, agricultural lands. Fourth, lands within the limits of any town or city or within 3 miles of such limits: Provided, That any of said lands may be reclassified whenever, by reason of increased facilities for irrigation or otherwise, they shall be subject to different classification.

SEC. 2. The lands of the first of said classes may be sold or leased, under such rules and regulations as may be prescribed by law. The lands of the second class may be sold, or the timber thereon may be sold, under such rules and regulations as may be prescribed by law. The agricultural lands may be either sold or leased, under such rules and regulations as may be prescribed by law. The land of the fourth class shall be sold in alternate lots of not more than 5 acres each, and not more than one-half of any one tract of such lands shall be sold prior to the year 1910.

SEC. 3. All other public lands may be disposed of in such manner as may be provided by law.

NEBRASKA.

ART. III, SEC. 15. The legislature shall not pass local or special laws in any of the following cases; that is to say:

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Providing for the management of public schools.

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ART. V, SEC. 1. The executive department shall consist of a governor, lieutenant governor, superintendent of public instruction, attorney general, and commissioner of public lands and buildings, who shall each hold his office for the term of two years from the first Thursday and the first Tuesday in January next after his election, and until his successor is elected and qualified. *

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SEC. 19. The governor shall, prior to the adjournment of the thirty-third session of the legislature, nominate and, with the consent of two-thirds of the members of the senate in executive session, appoint three electors of the State, not more than two of whom shall belong to the same political party and no two of whom shall reside at the time of their appointment in the same congressional district, as members of a board to be known as a "board of commissioners of State institutions." Said members shall hold office as designated by the governor for two, four, and six years respectively. Subsequent appointments shall be made as provided and, except to fill vacancies, shall be for a period of six years. The board shall at all times be subject to the above restrictions and limitations. The board of commissioners shall have full power to manage, control, and govern, subject only to such limitations as shall be established by law, the State soldiers' home, hospitals for the insane, institute for the deaf, institute for the blind, industrial schools, institute for feeble-minded children, Nebraska Industrial Home, orthopedic hospital, the State penitentiary, and all charitable, reformatory, and penal institutions that shall be by law established and maintained by the State of Nebraska. They shall each give bonds, receive compensation for service, perform all duties, and comply with all regulations that shall be established by law. * * *

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SEC. 24. The salaries of the secretary of state, attorney general, superintendent of public instruction, and commissioner of public lands and . buildings shall be $2,000 each per annum. There shall be no allowance for clerk hire in the offices of the superintendent of public instruction and attorney general.

ART. VIII, SEC. 1. The governor, secretary of state, treasurer, attorney general, and commissioner of public lands and buildings shall, under the direction of the legislature, constitute a board of commissioners, for the sale, leasing, and general management of all lands and funds set apart for educational purposes, and for the investment of school funds in such manner as may be prescribed by law.

SEC. 2. All lands, money, or other property granted or bequeathed or in any manner conveyed to this State for educational purposes shall be used and expended in accordance with the terms of such grant, bequest, or conveyance.