SEC. 3. The following are hereby declared to be perpetual funds for commonschool purposes, of which the annual interest or income only can be appropriated, to wit:

First. Such per centum as has been, or may hereafter be, granted by Congress on the sale of lands in this State.

Second. All moneys arising from the sale or leasing of sections Nos. 16 and 36 in each township in this State, and the lands selected, or that may be selected, in lieu thereof.

Third. The proceeds of all lands that have been, or may hereafter be, granted to this State, where, by the terms and conditions of such grant, the same are not to be otherwise appropriated.

Fourth. The net proceeds of lands and other property and effects that may come to this State, by escheat or forfeiture or from unclaimed dividends or distributive shares of the estates of deceased persons.

Fifth. All moneys, stocks, bonds, lands, and other property now belonging to the common-school fund.

SEC. 4. 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, the interest arising from all 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 and maintenance of common schools in each school district in the State.

SEC. 5. All fines, penalties, and license moneys arising under the general laws of the State shall belong and be paid over to the counties respectively, where the same may be levied or imposed, and all fines, penalties, and license moneys arising under the rules, by-laws, or ordinances of cities, villages, towns, precincts, or other municipal subdivision less than a county shall belong and be paid over to the same, respectively. All such fines, penalties, and license moneys shall be appropriated exclusively to the use and support of the common schools in the respective subdivisions where the same may accrue.

SEC. 6. The legislature shall provide for the free instruction in the common schools of this State of all persons between the ages of 5 and 21 years.

SEC. 7. Provision shall be made by general law for an equitable distribution of the income of the fund set apart for the support of the common schools, among the several school districts of the State, and no appropriation shall be made from said fund to any district for the year in which school is not maintained at least three months.

SEC. 8. University, agricultural college, common-school, or other lands which are now held or may hereafter be acquired by the State for educational purposes shall not be sold for less than $7 per acre, nor less than the appraised value.

SEC. 9. All funds belonging to the State for educational purposes, the interest and income whereof only are to be used, shall be deemed trust funds held by the State, and the State shall supply all losses thereof, that may in any manner accrue, so that the same shall remain forever inviolate and undiminished; and shall not be invested or loaned except on United States or State securities, or registered county bonds of this State, or registered school-district bonds of this State, and such other securities as the legislature may from time to time direct. And such funds with the interest and income thereof are hereby solemnly pledged to the purposes for which they are granted and set apart, and shall not be transferred to any other fund for other uses.

SEC. 10. The general government of the University of Nebraska shall, under direction of the legislature, be vested in a board of six regents to be styled the Board of Regents of the University of Nebraska, who shall be elected by the electors of the State at large, and their term of office, except those chosen at the first election as hereinafter provided, shall be six years. Their duties and powers shall be prescribed by law; and they shall receive no compensation, but may be reimbursed their actual expenses incurred in the discharge of their duties.

SEC. 11. No sectarian instruction shall be allowed in any school or institution supported in whole or in part by the public funds set apart for educational purposes; nor shall the State accept any grant, conveyance, or bequest of money, lands, or other property to be used for sectarian purposes.

SEC. 12. The legislature may provide by law for the establishment of a school or schools for the safe-keeping, education, employment, and reformation of all children under the age of 16 years, who for want of proper parental care, or other cause, are growing up in mendicancy or crime.

NEVADA.

superintendent of public

ART. V, SEC. 22. The secretary of state, instruction shall perform such other duties as may be prescribed by law. ART. VIII, SEC. 2. All real property and possessory rights to the same, as well as personal property in this State, belonging to corporations now existing or hereafter created, shall be subject to taxation the same as property of individuals: Provided, That the property of corporations formed for municipal, charitable, religious, or educational purposes may be exempted by law.

SEC. 9. The State shall not donate or loan money or its credit, subscribe to, or be interested in the stock of any company, association, or corporation, except corporations formed for educational or charitable purposes.

ART. XI, SEC. 1. The legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements, and also provide for the election by the people, at the general election, of a superintendent of public instruction, whose term of office shall be two years from the first Monday of January, A. D. 1865, and until the election and the qualification of his successor, and whose duties shall be prescribed by law.

SEC. 2. The legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year; and any school district neglecting to establish and maintain such a school, or which shall allow instructions of a sectarian character therein, may be deprived of its proportion of the interest of the public-school fund during such neglect or infraction; and the legislature may pass such laws as will tend to secure a general attendance of the children in each school district upon said public school.

SEC. 3. All lands, including the sixteenth and thirty-sixth sections in any township donated for the benefit of public schools in the act of the Thirtyeighth Congress, to enable the people of Nevada Territory to form a State government, the 30,000 acres of public lands granted by an act of Congress, approved July 2, A. D. 1862, for each Senator and Representative in Congress, and all proceeds of lands that have been or may hereafter be granted or appropriated by the United States to this State, and also the 500,000 acres of land granted to the new States under the act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. 1841: Provided, That Congress may provision for or authorize such diversion to be made for the purpose herein contained; all estates that may escheat to the State; all of such per centum as may be granted by Congress on the sale of lands; all fines collected under the penal laws of the State; all property given or bequeathed to the State for educational purposes, and all proceeds derived from any or all of said sources shall be and the same are hereby solemnly pledged for educational purposes and shall not be transferred to any other fund for other uses; and the interest thereon shall, from time to time, be apportioned among the several counties as the legislature may provide by law; and the legislature shall provide for the sale of floating land warrants to cover the aforesaid lands, and for the investment of all proceeds derived from any of the above-mentioned sources, in United States bonds, or the bonds of this State, or the bonds of other States of the Union: Provided, That the interest only of the aforesaid proceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum: And provided further, That such portions of said interest as may be necessary may be appropriated for the support of the State university.

SEC. 4. The legislature shall provide for the establishment of a State university, which shall embrace departments for agriculture, mechanic arts, and mining, to be controlled by a board of regents, whose duties shall be prescribed by law.

SEC. 5. The legislature shall have power to establish normal schools, and such different grades of schools, from the primary department to the university, as in their discretion they may deem necessary, and all professors in said university, or teachers in said schools, of whatever grade, shall be required to take and subscribe to the oath as prescribed in Article XV of this constitution. No. professor or teacher who fails to comply with the provisions of any law framed in accordance with the provisions of this section shall be entitled to receive any portion of the public moneys set apart for school purposes.

SEC. 6. The legislature shall provide a special tax, which shall not exceed 2 mills on the dollar of all taxable property in the State, in addition to other

means provided for the support and maintenance of said university and common schools.

SEC. 7. The governor, secretary of state, and superintendent of public instruction shall, for the first four years, and until their successors are elected and qualified, constitute a board of regents, to control and manage the affairs of the university and the funds of the same, under such regulations as may be provided by law. But the legislature shall at its regular session next preceding the expiration of the term of office of said board of regents, provide for the election of a new board of regents, and define their duties.

SEC. 8. The board of regents shall, from the interest accruing from the first funds which come under their control, immediately organize and maintain the said mining department in such manner as to make it most effective and useful: Provided, That all the proceeds of the public lands donated by act of Congress approved July 2, A. D. 1862, for a college for the benefit of agriculture, the mechanic arts, and including military tactics, shall be invested by the said board of regents in a separate fund, to be appropriated exclusively for the benefit of the first-named departments to the university, as set forth in section 4 above; and the legislature shall provide that if, through neglect or any other contingency, any portion of the fund so set apart shall be lost or misappropriated, the State of Nevada shall replace said amount so lost or misappropriated in said fund, so that the principal of said fund shall remain forever undiminished.

SEC. 9. No sectarian instruction shall be imparted or tolerated in any school or university that may be established under this constitution.

SEC. 10. No public funds of any kind or character whatever, State, county, or municipal, shall be used for sectarian purposes.

ART. XII, SEC. 1. Institutions for the benefit of the insane, blind, and deaf and dumb, and such other benevolent institutions as the public good may require, shall be fostered and supported by the State, subject to such regulations as may be prescribed by law.

NEW HAMPSHIRE.

PART I, ART. 6. * the several towns, parishes, bodies corporate, or religious societies shall at all times have the exclusive right of electing their own public teachers, and of contracting with them for their support and maintenance.

*

PART II, ART. 82. Knowledge and learning generally diffused through a community being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country being highly conducive to promote this end, it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools; to encourage private and public institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history, of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections and generous sentiments, among the people: Provided, nevertheless, That no money raised by taxation shall ever be granted or applied for the use of the schools or institutions of any religious sect or denomination.

NEW JERSEY.

ART. IV, SEC. VII (6). The fund for the support of free schools, and all money, stock, and other property which may hereafter be appropriated for that purpose, or received into the treasury under the provision of any law heretofore passed to augment the said fund, shall be securely invested and remain a perpetual fund; and the income thereof, except so much as it may be judged expedient to apply to an increase of the capital, shall be annually appropriated to the support of public free schools, for the equal benefit of all the people of the State; and it shall not be competent for the legislature to borrow, appropriate, or use the said fund, or any part thereof, for any other purpose under any pretense whatever. The legislature shall provide for the 3966°-15-58

maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in this State between the ages of 5 and 18 years.

SEC. VII (11). The legislature shall not pass private, local, or special laws in any of the following enumerated cases; that is to say: * Providing for the management and support of free public schools.

NEW MEXICO.

ART. IV, SEC. 1. * The people reserve the power to disapprove, suspend, and annul any law enacted by the legislature, except general appropriation laws for the maintenance of the public schools or State institutions, and local or special laws. * SEC. 24. The legislature shall not pass local or special laws in any of the following cases: the management of public schools;

* *

SEC. 31. No appropriation shall be made for charitable, educational, or other benevolent purposes to any person, corporation, association, institution, or community, not under the absolute control of the State, but the legislature may, in its discretion, make appropriations for the charitable institutions and hospitals.

ART. V, SEC. 1. The executive department shall consist of a governor, superintendent of public instruction who shall be elected for a term of two years beginning on the 1st day of January next after their election. Such officers shall, after having served two consecutive terms, be ineligible to hold any State office for two years thereafter. The officers of the executive department, except the lieutenant governor, shall during their terms of office reside and keep the public records, books, papers, and seals of office at the seat of government.

*

*

SEC. 3. No person shall be eligible to any office specified in section 1 hereof, unless he be a citizen of the United States, at least 30 years of age, nor unless he shall have resided continuously in New Mexico for five years next preceding his election; nor to the office of superintendent of public instruction unless he be a trained and experienced educator. SEC. 12. The annual compensation to be paid to the officers mentioned in section 1 of this article shall be as follows: superintendent of public instruction, $3,000, * ART. VII, SEC. 1. All school elections shall be held at different times from other elections. Women possessing the qualifications prescribed in this section for male electors shall be qualified electors at all such school elections: Provided, That if a majority of the qualified voters of any school district shall, not less than 30 days before any school election, present a petition to the board of county commissioners against woman suffrage in such district, the provisions of this section relating to woman suffrage shall be suspended therein, and such provision shall become again operative only upon the filing with said board of a petition signed by a majority of the qualified voters favoring the restoration thereof. The board of county commissioners shall certify the suspension or restoration of such suffrage to the proper school district.

*

SEC. 2. *** women possessing the qualifications of male electors prescribed in paragraph 1 of this article shall be qualified to hold the office of county school superintendent, and shall also be eligible for election to the office of school director or members of a board of education.

SEC. 4. No person shall be deemed to have acquired or lost residence by reason of his presence or absence while employed in the service of the United States or of the State, nor while a student at any school.

ART. VIII, SEC. 2. Taxes levied upon real or personal property for State revenue shall not exceed 4 mills annually on each dollar of the assessed valuation thereof except for the support of the educational, penal, and charitable institutions of the State, payment of the State debt and interest thereon; and the total annual tax levy upon such property for all State purposes exclusive of necessary levies for the State debt shall not exceed 10 mills.

SEC. 3. The property of the United States. the State and all counties, towns, cities, and school districts, and other municipal corporations, public libraries, community ditches and all laterals thereof, all church property, all property used for educational or charitable purposes, all cemeteries not used or held for private or corporate profit, and all bonds of the State of New Mexico, and

of the counties, municipalities, and districts thereof shall be exempt from taxation.

SEC. 7. No execution shall issue upon any judgment rendered against the board of county commissioners of any county, or against any incorporated city, town, or village, school district, or board of education; or against any officer of any county, incorporated city, town, or village, school district, or board of education, upon any judgment recovered against him in his official capacity and for which the county, incorporated city, town, or village, school district, or board of education, is liable, but the same shall be paid out of the proceeds of a tax levy as other liabilities of counties, incorporated cities, towns, or villages, school districts, or boards of education, and when so collected shall be paid by the county treasurer to the judgment creditor.

ART. IX, SEC. 11. No school district shall borrow money, except for the purpose of erecting and furnishing school buildings or purchasing school grounds, and in such cases only when the proposition to create the debt shall have been submitted to the qualified electors of the district, and approved by a majority of those voting thereon. No school district shall ever become indebted in an amount exceeding 6 per centum on the assessed valuation of the taxable property within such school district, as shown by the preceding general assessment. SEC. 14. Neither the State, nor any county, school district, or municipality, except as otherwise provided in this constitution, shall directly or indirectly lend or pledge its credit, or make any donation to or in aid of any person, association or public or private corporation, or in aid of any private enterprise for the construction of any railroad;

*

ART. XII, SEC. 1. A uniform system of free public schools sufficient for the education of, and open to, all the children of school age in the State shall be established and maintained.

SEC. 2. The permanent school fund of the State shall consist of the proceeds of sales of sections 2, 16, 32, and 36 in each township of the State, or the lands selected in lieu thereof; the proceeds of sales of all lands that have been or may hereafter be granted to the State not otherwise appropriated by the terms and conditions of the grant; such portion of the proceeds of sales of lands of the United States within the State as has been or may be granted by Congress; also all other grants, gifts, and devises made to the State, the purpose of which is not otherwise specified.

SEC. 3. The schools, colleges, universities, and other educational institutions provided for by this constitution shall forever remain under the exclusive control of the State, and no part of the proceeds arising from the sale or disposal of any lands granted to the State by Congress, or any other funds appropriated, levied, or collected for educational purposes, shall be used for the support of any sectarian, denominational, or private school, college, or university. SEC. 4. All fines and forfeitures collected under general laws; the net proceeds of property that may come to the State by escheat; the rentals of all school lands and other lands granted to the State, the disposition of which is not otherwise provided for by the terms of the grant or by act of Congress; and the income derived from the permanent school fund, shall constitute the cur rent school fund of the State. The legislature shall provide for the levy and collection of an annual tax upon all the taxable property in the State for the maintenance of the public schools, the proceeds of such tax levy to be added to the current school funds above provided for. The current school fund shall be distributed among the school districts of the State in the proportion that the number of children of school age in each district bears to the total number of such children in the State, and shall provide for the levy and collection of additional local taxes for school purposes. A public school shall be maintained for at least five months in each year in every school district in the State.

Before making the distribution above provided for, there shall be taken from the current school fund as above created, a sufficient reserve to be distributed among school districts in which the proceeds of the annual local tax, when levied to the limit allowed by law, plus the regular quota of current school funds allotted to said district, shall not be sufficient for the maintaining of a school for the full period of five months, and this reserve fund shall be so distributed among such districts as to enable each district to hold school for the said period.

SEC. 5. Every child of school age and of sufficient physical and mental ability shall be required to attend a public or other school during such period and for such time as may be prescribed by law.