SEC. 6. A State board of education is hereby created, to consist of seven members. It shall have the control, management, and direction of all public schools under such regulations as may be provided by law. The governor and the State superintendent of public instruction shall be ex officio members of said board and the remaining five members shall be appointed by the governor, by and with the consent of the senate; and shall include the head of some State educational institution, a county superintendent of schools, and one other person actually connected with educational work. The legislature may provide for district or other school officers, subordinate to said board.

SEC. 7. The principal of the permanent school fund shall be invested in the bonds of the State or Territory of New Mexico, or of any county, city, town, board of education, or school district therein. The legislature may by threefourths vote of the members elected to each house provide that said funds may be invested in other interest-bearing securities. All bonds or other securities in which any portion of the school fund shall be invested must be first approved by the governor, attorney general, and secretary of state. All losses from such funds, however occurring, shall be reimbursed by the State.

SEC. 8. The legislature shall provide for the training of teachers in the normal schools or otherwise so that they may become proficient in both the Engglish and Spanish languages, to qualify them to teach Spanish-speaking pupils and students in the public schools and educational institutions of the State; and shall provide proper means and methods to facilitate the teaching of the English language and other branches of learning to such pupils and students. SEC. 9. No religious test shall ever be required as a condition of admission into the public schools or any educational institution of this State, either as a teacher or student, and no teacher or student of such school or institution shall ever be required to attend or participate in any religious service whatso

ever.

SEC. 10. Children of Spanish descent in the State of New Mexico shall never be denied the right and privilege of admission and attendance in the public schools or other public educational institutions of the State, and they shall never be classed in separate schools, but shall forever enjoy perfect equality with other children in all public schools and educational institutions of the State, and the legislature shall provide penalties for the violation of this section. This section shall never be amended except upon a vote of the people of this State, in an election at which at least three-fourths of the electors voting in the whole State and at least two-thirds of those voting in each county in the State shall vote for such amendment.

SEC. 11. The University of New Mexico at Albuquerque, the New Mexico College of Agriculture and Mechanic Arts near Las Cruces, the New Mexico School of Mines at Socorro, the New Mexico Military Institute at Roswell, the New Mexico Normal University at Las Vegas, the New Mexico Normal School at Silver City, the Spanish-American School at El Rito, the New Mexico Asylum for the Deaf and Dumb at Santa Fe, and the New Mexico Institute for the Blind at Alamogordo, are hereby confirmed as State educational institutions. The appropriations made and that may hereafter be made to the State by the United States for agriculture and mechanical colleges and experiment stations in connection therewith, shall be paid to the New Mexico College of Agriculture and Mechanic Arts.

SEC. 12. All lands granted under the provisions of the act of Congress, entitled, "An act to enable the people of New Mexico to form a constitution and State government and be admitted into the Union on an equal footing with the original States; and to enable the people of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States," for the purposes of said several institutions are hereby accepted and confirmed to said institutions, and shall be exclusively used for the purposes for which they were granted: Provided, That 170,000 acres of the land granted by said act for normal-school purposes are hereby equally apportioned between said three normal institutions, and the remaining 30,000 acres thereof is reserved for a normal school which shall be established by the legislature and located in one of the counties of Union, Quay, Curry, Roosevelt, Chaves, or Eddy.

SEC. 13. The legislature shall provide for the control and management of each of said institutions by a board of regents, for each institution, consisting of five members to be appointed by the governor, by and with the advice and consent of the senate, for a term of four years, and not more than three of

whom shall belong to the same political party at the time of their appointment. The duties of said boards shall be prescribed by law.

ART. XIII, SEC. 1. * That such of school sections 2, 32, 16, and 36 as are not contiguous to other State lands shall not be sold within the period of 10 years next after the admission of New Mexico as a State for less than $10 per acre.

ART. XIV, SEC. 1. The penitentiary at Santa Fe, the Miners' Hospital of New Mexico at Raton, the New Mexico Insane Asylum at Las Vegas, and the New Mexico Reform School at Springer, are hereby confirmed as State institutions.

SEC. 2. All lands which have been or which may be granted to the State by Congress for the purpose of said several institutions are hereby accepted for said several institutions with all other grants, donations, or devises for the benefit of the same, and shall be exclusively used for the purpose for which they were or may be granted, donated, or devised.

SEC. 3. Each of said institutions shall be under the control and management of a board whose title, duties, and powers shall be as may be provided by law. Each of said boards shall be composed of five members who shall hold office for the term of four years, and shall be appointed by the governor by and with the consent of the senate, and not more than three of whom shall belong to the same political party at the time of their appointment.

ART. XV, SEC. 1. There shall be a department of agriculture which shall be under the control of the board of regents of the College of Agriculture and Mechanic Arts; and the legislature shall provide lands and funds necessary for experimental farming and demonstrating by said departments.

ART. XX, SEC. 10. The legislature shall enact suitable laws for the regulation of the employment of children.

SEC. 15. The penitentiary is a reformatory and an industrial school, and all persons confined therein shall, so far as consistent with discipline and the public interest, be employed in some beneficial industry;

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SEC. 17. There shall be a uniform system of textbooks for the public schools which shall not be changed more than once in six years.

ART. XXI, SEC. 4. Provision shall be made for the establishment and maintenance of a system of public schools which shall be open to all the children of the State and free from sectarian control, and said schools shall always be conducted in English.

NEW YORK.

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ART. II, 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. VII, SEC. 4. Except the debts specified in sections 2 and 3 of this article, no debts shall be hereafter contracted by or in behalf of this State, unless such debt shall be authorized by a law, for some single work or object, to be distinctly specified therein; and such law shall impose and provide for the collection of a direct annual tax to pay, and sufficient to pay, the interest on such debt as it falls due, and also to pay and discharge the principal of such debt within 50 years from the time of the contracting thereof. No such law shall take effect until it shall, at a general election have been submitted to the people, and have received a majority of all the votes cast for and against it at such election.

SEC. 5. The sinking funds provided for the payment of interest and the extinguishment of the principal of the debts of the State shall be separately kept and safely invested, and neither of them shall be appropriated or used in any manner other than for the specific purpose for which it shall have been provided.

ART. VIII, SEC. 9. Neither the credit nor the money of the State shall be given or loaned to or in aid of any association, corporation, or private undertaking. This section shall not, however, prevent the legislature from making such provision for the education and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper. Nor shall it apply to any fund or property now held, or which may hereafter be held, by the State for educational purposes.

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SEC. 10. * * No county or city shall be allowed to become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed 10 per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment rolls of said county or city on the last assessment for State or county taxes prior to the incurring of such indebtedness *. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over 100,000 inhabitants, or any such city of this State, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year 2 per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt.

SEC. 11. The legislature shall provide for a State board of charities, which shall visit and inspect all institutions, whether State, county, municipal, incorporated, or not incorporated, which are of a charitable, eleemosynary, correctional, or reformatory character, excepting only such institutions as hereby made subject to the visitation of either of the commissions hereinafter mentioned, but including all reformatories except those in which adult males convicted of felony shall be confined.

are

SEC. 14. Nothing in this constitution contained shall prevent the legislature from making such provision and support of the blind, the deaf and dumb, and juvenile delinquents, as to it may seem proper; or prevent any county, city, town, or village from providing for the care, support, maintenance, and secular education of inmates of orphan asylums, homes for dependent children, or correctional institutions, whether under public or private control. Payments by counties, cities, towns, and villages to charitable, eleemosynary, correctional, and reformatory institutions, wholly or partly under private control, for care, support, and maintenance, may be authorized, but shall not be required by the legislature. No such payments shall be made for any inmate of such institutions who is not received and retained therein pursuant to rules established by the State board of charities. Such rules shall be subject to the control of the legislature by general laws.

ART. IX, SEC. 1. The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this State may be educated.

SEC. 2. The corporation created in the year 1784, under the name of the regents of the University of the State of New York, is hereby continued under the name of the University of the State of New York. It shall be governed, and its corporate powers, which may be increased, modified, or diminished by the legislature, shall be exercised by not less than nine regents.

SEC. 3. The capital of the common-school fund, the capital of the literature fund, and the capital of the United States deposit fund shall be respectively preserved inviolate. The revenue of the said common-school fund shall be applied to the support of the common schools; the revenue of the literature fund shall be applied to the support of academies; and the sum of $25,000 of the revenues of the United States deposit fund shall each year be appropriated to and made part of the capital of the said common-school fund.

SEC. 4. Neither the State nor any subdivision thereof shall use its property or credit or any public money, or authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for examination or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denomination or in which any denominational tenet or doctrine is taught.

NORTH CAROLINA.

ART. I, SEC. 27. The people have the right to the privilege of education, and it is the duty of the State to guard and maintain that right.

ART. III, SEC. 1. The executive department shall consist of a governor,

a superintendent of public instruction, and an attorney general, who shall be elected for a term of four years by the qualified electors of the State, at the same time and places and in the same manner as members of the general assembly are elected. Their term of office shall commence on the 1st day of January next after their election, and continue until their successors are elected and qualified.

SEC. 13. The respective duties of the secretary of state, auditor, treasurer, superintendent of public instruction, and attorney general shall be prescribed by

law. If the office of any of said officers shall be vacated by death, resignation, or otherwise, it shall be the duty of the governor to appoint another until the disability be removed or his successor be elected and qualified. Every such vacancy shall be filled by election at the first general election that occurs more than 30 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired term fixed in the first section of this article.

SEC. 14. The secretary of state, auditor, treasurer, and superintendent of public instruction shall constitute, ex officio, the council of State, who shall advise the governor in the execution of his office. * *

ART. V, SEC. 2. The proceeds of the State and county capitation tax shall be applied to the purposes of education and the support of the poor, but in no one year shall more than 25 per cent thereof be appropriated to the latter purpose. SEC. 5. Property belonging to the State or to municipal corporations shall be exempt from taxation. The general assembly may exempt cemeteries and property held for educational, scientific, literary, charitable, or religious purposes.

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SEC. 6. The taxes levied by the commissioners of the several counties for county purposes shall be levied in like manner with the State taxes and shall never exceed the double of the State tax, except for a special purpose, and with the special approval of the general assembly.

ART. VII, SEC. 5. *

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In every township there shall also be biennially elected a school committee, consisting of three persons, whose duties shall be prescribed by law.

ART. IX, SEC. 1. Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.

SEC. 2. The general assembly, at its first session under this constitution, shall provide by taxation and otherwise for a general and uniform system of public schools, wherein tuition shall be free of charge to all the children of the State between the ages of 6 and 21 years. And the children of the white race and the children of the colored race shall be taught in separate public schools; but there shall be no discrimination in favor of or to the prejudice of either

race.

SEC. 3. Each county of the State shall be divided into a convenient number of districts, in which one or more public schools shall be maintained at least four months in every year; and if the commissioners of any county shall fail to comply with the aforesaid requirements of this section they shall be liable to indictment.

SEC. 4. 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, and other property now belonging to any State fund for purposes of education, also the net proceeds of all sales of the swamp lands belonging to the State, and all other grants, gifts, or devises that have been or hereafter may be made to the State and not otherwise appropriated by the State or by the terms of the grant, gift, or devise, shall be paid into the State treasury, and, 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 in this State a system of free public schools and for no other uses or purposes whatsoever.

SEC. 5. All moneys, stocks, bonds, 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 remain in the several counties, and shall be faithfully appropriated for establishing and maintaining free public schools in the several counties in this State: Provided, That the amount collected in each county shall be annually reported to the superintendent of public instruction. SEC. 6. The general assembly shall have power to provide for the election of trustees of the University of North Carolina, in whom, when chosen, shall be vested all the privileges, rights, franchises, and endowments thereof in any wise granted to or conferred upon the trustees of said university; and the general assembly may make such provisions, laws, and regulations from time to time as may be necessary and expedient for the maintenance and management of said university.

SEC. 7. The general assembly shall provide that the benefits of the university, as far as practicable, be extended to the youth of the State free of expense for tuition; also that all the property which has heretofore accrued to the State or shall hereafter accrue from escheats, unclaimed dividends, or distributive shares of the estates of deceased persons, shall be appropriated to the use of the university.

SEC. 8. The governor, lieutenant governor, secretary of state, treasurer, auditor, superintendent of public instruction, and attorney general shall constitute a State board of education.

SEC. 9. The governor shall be president and the superintendent of public instruction shall be secretary of the board of education.

SEC. 10. The board of education shall succeed to all the powers and trusts of the president and directors of the literary fund of North Carolina, and shall have full power to legislate and make all needful rules and regulations in relation to free public schools and the educational fund of the 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.

SEC. 11. The first session of the board of education shall be held at the capital of the State within 15 days after the organization of the State government under this constitution; the time of future meetings may be determined by the board.

SEC. 12. A majority of the board shall constitute a quorum for the transaction of business.

SEC. 13. The contingent expenses of the board shall be provided by the general assembly.

SEC. 14. As soon as practicable after the adoption of this constitution the general assembly shall establish and maintain in connection with the university a department of agriculture, of mechanics, of mining, and of normal instruction. SEC. 15. The general assembly is hereby empowered to enact that every child of sufficient mental and physical ability shall attend the public schools during the period between the ages of 6 and 18 years for a term of not less than 16 months, unless educated by other means.

ART. XI, SEC. 8. There shall also, as soon as practicable, be measures devised by the State for the establishment of one or more orphan houses, where destitute orphans may be cared for, educated, and taught some business or trade.

NORTH DAKOTA.

ART. II. SEC. 62. The general appropriation bill shall embrace nothing but appropriations for the expenses of the executive, legislative, and judicial departments of the State, interest on the public debt, and for public schools. All other appropriations shall be made by separate bills, each embracing but one subject.

SEC. 69. The legislative assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: ** *

12. Providing for the management of common schools.

ART. III. SEC. 82. There shall be chosen by the qualified electors of the State at the times and places of choosing members of the legislative assembly, a secretary of state, auditor, treasurer, superintendent of public instruction who shall have attained the age of 25 years, shall be citizens of the United States, and shall have the qualifications of State electors. They shall severally hold their offices at the seat of government, for the term of two years and until their successors are elected and duly qualified.

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SEC. 83. The powers and duties of the secretary of state, auditor, treasurer, superintendent of public instruction shall be as prescribed by law. * superintendent of receive an annual salary of $2,000.

SEC. 84. Until otherwise provided by law, the public instruction

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ART. V. SEC. 128. Any woman having the qualifications enumerated in section 121 of this article as to age, residence, and citizenship, and including those now qualified by the laws of the Territory, may vote for all school officers, and upon all questions pertaining solely to school matters, and be eligible to any school office.