same as trust funds, and they shall be and remain responsible and accountable for the principal and interest of all such moneys received by them from the date of receipt until returned because not loaned; and in case of loss of any money so apportioned to any county, such county shall make the same good out of its common revenue. Counties shall invest said money in bonds of school corporations, counties, townships, or cities, or in first mortgages upon good improved farm lands within their limits respectively. The amount of each loan shall not exceed one-third of the actual value of the lands covered by the mortgage given to secure the same, such value to be determined by the board of county commissioners of the county in which the land is situated, and in no case shall more than $5,000 be loaned to any one person, firm or corporation, and the rate of interest shall not be less than 5 per cent per annum, and shall be such other and higher rate as the legislature may provide, and shall be payable semiannually on the first day of January and July: Provided, That whenever there are moneys of said fund in any county amounting to $1,000 that can not be loaned according to the provisions of this section, and any law pursuant thereto, the said sum may be returned to the State treasurer to be intrusted to some other county or counties, or otherwise invested under the provisions of this section.

Each county shall semiannually, on the first day of January and July, render an account of the condition of the funds intrusted to it to the auditor of State, and at the same time pay to or account to the State treasurer for the interest due on all funds intrusted to it.

The legislature may provide by general law that counties may retain from interest collected in excess of 5 per centum per annum upon all said funds intrusted to them, not to exceed 1 per centum per annum. But no county shall be exempted from the obligation to make semiannual payments to the State treasurer of interest at the rate provided by law for such loans, except only said 1 per centum, and in no case shall the interest, so to be paid, be less than 5 per centum per annum.

The legislature shall provide by law for the safe investment of the permanent school and other educational funds and for the prompt collection of interest and income thereof, and to carry out the objects and provisions of this section. SEC. 3. The interest and income of this fund, together with the net proceeds of all fines for violation of State laws and all other sums which may be added thereto by law, shall be faithfully used and applied each year for the benefit of the public schools of the State, and shall be for this purpose apportioned among and between all the several public-school corporations of the State in proportion to the number of children in each of school age, as may be fixed by law; and no part of the fund, either principal or interest, shall ever be diverted, even temporarily, from this purpose or used for any other purpose whatever than the maintenance of public schools for the equal benefit of all the people of the State.

SEC. 4. After one year from the assembling of the first legislature, the lands granted to the State by the United States for the use of public schools may be sold upon the following conditions and no other: Not more than one-third of all such lands shall be sold within the first 5 years, and no more than two-thirds within the first 15 years after the title thereto is vested in the State and the legislature shall, subject to the provisions of this article, provide for the sale of the same.

The commissioner of school and public lands, the State auditor and the county superintendent of schools of the counties severally, shall constitute boards of appraisal and shall appraise all school lands within the several counties which they may from time to time select and designate for sale, at their actual value under the terms of sale. They shall take care to first select and designate for sale the most valuable lands; and they shall ascertain all such lands as may be of special and peculiar value, other than agricultural, and cause the proper subdivision of the same in order that the largest price may be obtained thereof.

SEC. 5. No land shall be sold for less than the appraised value and in no case for less than $10 an acre. The purchaser shall pay one-fourth of the purchase price in cash, and the remaining three-fourths as follows, one-fourth in 5 years, one-fourth in 10 years, one-fourth in 15 years, with interest thereon at the rate of not less than 5 per centum per annum, payable annually; and all such subidivided lands may be sold for cash: Provided further, That the purchaser or purchasers shall have the right and option of paying the balance of the purchase price or any installment thereof at any time. All sales shall be at

public auction to the highest bidder, after 60 days' advertisement of the same in at least two newspapers of general circulation in the vicinity of the lands to be sold, and one at the seat of government. Such lands as shall not have been specially subdivided shall be offered in tracts of not more than 80 acres, and these subdivided in the smallest subdivision of lands designated for sale and not sold within two years after their appraisal shall be reappraised by the board of appraisal as hereinbefore provided before they are sold.

SEC. 6. All sales shall be conducted through the office of the commissioner of school and public lands as may be prescribed by law, and returns of all appraisals and sales shall be made to said office. No sale shall operate to convey any right or title to any lands for 60 days after the date thereof, nor until the same shall have received the approval of the governor in such form as may be provided by law. No grant or patent for any such lands shall issue until final payment be made.

SEC. 7. All lands, money, or other property donated, granted, or received from the United States or any other source for a university, agricultural college, normal schools, or other educational or charitable institution or purpose, and the proceeds of all such lands and other property so received from any source, shall be and remain perpetual funds, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and applied to the specific objects of the original grants or gifts. The principal of every such fund may be increased, but shall never be diminished, and the interest and income only shall be used. Every such fund shall be deemed trust fund held by the State, and the State shall make good all losses therefrom that shall in any manner occur.

SEC. 8. All lands mentioned in the preceding section shall be appraised and sold in the same manner and by the same officers and boards under the same limitations and subject to all the conditions as to price, sale, and approval provided above for the appraisal and sale of lands for the benefit of public schools, but a distinct and separate account shall be kept by the proper officers of each of such funds.

SEC. 9. The lands mentioned in this article shall be leased for pasturage, meadow, farming, the growing of crops of grain, and general agricultural purposes, and at public auction after notice as hereinbefore provided in case of sale and shall be offered in tracts not greater than one section. All rents shall be payable annually in advance, and no term of lease shall exceed five years, nor shall any lease be void until it receives the approval of the governor.

SEC. 10. No claim to any public lands by any trespasser thereon by reason of occupancy, cultivation, or improvement thereof, shall ever be recognized; nor shall compensation ever be made on account of any improvements made by such trespasser.

SEC. 11. The moneys of the permanent school and other educational funds shall be invested only in first mortgages upon good improved farm lands within this State as hereinafter provided, or in bonds of school corporations within the State, or in bonds of the United States, or of the State of South Dakota. The legislature shall provide by law the method of determining the amounts of said funds which shall be invested from time to time in such classes of securities, respectively, taking care to secure continuous investments as far as possible.

All moneys of said funds which may from time to time be designated for investment in farm mortgages and in the bonds of school corporations shall for such purpose be divided among the organized counties of the State in proportion to population as nearly as provisions by law to secure continuous investments may permit. The several counties shall hold and manage the same as trust funds, and they shall be and remain responsible and accountable for the principal and interest of all such moneys received by them from the date of receipt until returned because not loaned; and in case of loss to any money so apportioned to any county, such county shall make the same good out of its common revenue. Counties shall invest said money in bonds of school corporations, or in first mortgages upon good improved farm lands within their limits respectively; but no farm loan shall exceed $500 to any one person, nor shall it exceed one-half the valuation of the lands as assessed for taxation, and the rate of interest shall not be less than 5 per centum per annum, and shall be such other and higher rate as the legislature may provide, and shall be payable semiannually on the first days of January and July: Provided, That whenever there are moneys of said funds in any county amountig to $1,000 that can not

be loaned according to the provisions of this section and any law pursuant thereto, the said sum may be returned to the State treasurer to be intrusted to some other county or counties, or otherwise invested under the provisions of this section.

Each county shall semiannually, on the 1st day of January and July, render an account of the condition of the funds intrusted to it to the auditor of State, and at the same time pay to or account to the State treasurer for the interest due on all funds intrusted to it.

The legislature may provide by general law that counties may retain from interest collected in excess of 5 per centum per annum upon all said funds intrusted to them not to exceed 1 per centum per annum. But no county shall be exempted from the obligation to make semiannual payments to the State treasury of interest at the rate provided by law for such loans, except only said 1 per centum, and in no case shall the interest so to be paid be less than 5 per centum per annum.

The legislature shall provide by law for the safe investment of the permanent school and other educational funds, and for the prompt collection of interest and income thereof, and to carry out the objects and provisions of this section.

SEC. 12. The governor may disapprove any sale, lease, or investment other than such as are intrusted to the counties.

SEC. 13. All losses to the permanent school or other educational funds of this State which shall have been occasioned by the defalcation, negligence, mismanagement, or fraud of the agents or officers controlling and managing the same, shall be audited by the proper authorities of the State. The amount so audited shall be a permanent funded debt against the State in favor of the fund sustaining the loss upon which not less than 6 per centum of annual intcrest shall be paid. The amount of indebtedness so created shall not be counted as a part of the indebtedness mentioned in Article XIII, section 2.

SEC. 14. The legislature shall provide by law for the protection of the school lands from trespass or unlawful appropriation, and for their defense against all unauthorized claims or efforts to divert them from the school fund.

SEC. 15. The legislature shall make such provisions by general taxation, and by authorizing the school corporations to levy such additional taxes, as with the income from the permanent school fund shall secure a thorough and efficient system of common schools throughout the State.

SEC. 16. No appropriation of lands, money, or other property or credits to aid any sectarian school shall ever be made by the State, or any county or munici pality within the State, nor shall the State or any county or municipality within the State accept any grant, conveyance, gift, or bequest of lands, money, or other property to be used for sectarian purposes, and no sectarian instruction shall be allowed in any school or institution aided or supported by the State.

SEC. 17. 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, under such penalties as shall be provided by law.

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ART. IX, SEC. 5. In each organized county at the first general election held after the admission of the State of South Dakota into the Union, and every two years thereafter, there shall be elected a * superintendent of schools, whose terms of office respectively shall be two years. * * * SEC. 7. All laws exempting property from taxation, other than that enumerated in sections 5 and 6 of this article, shall be void.

SEC. 11. The making of profit, directly or indirectly, out of State, county, city, town, or school-district money, or using the same for any purpose not authorized by law, shall be deemed a felony and shall be punished as provided by law.

SEC. 12. An accurate statement of the receipts and expenditures of the public moneys shall be published annually in such manner as the legislature may provide.

ART. XII, SEC. 2. The general appropriation bill shall embrace nothing but appropriations for ordinary expenses of the executive, legislative, and judicial departments of the State, the current expenses of State institutions, interest on the public debt, and for common schools. * * **

SEC. 4. The debt of any county, city, town, school district, civil township, or other subdivision shall never exceed 5 per centum upon the assessed valuation of the taxable property therein for the year preceding that in which said indebtedness is incurred.

In estimating the amount of the indebtedness which a municipality or subdivision may incur, the amount of indebtedness contracted prior to the adoption of this constitution shall be included: Provided, That any county, municipal corporation, civil township, district, or other subdivision may incur an additional indebtedness not exceeding 10 per centum upon the assessed valuation of the taxable property therein for the year preceding that in which said indebtedness is incurred for the purpose of providing water and sewerage for irrigation, domestic uses, sewerage, and other purposes: And provided, That in a city where the population is 8,000 or more, such city may incur an indebtedness not exceeding 8 per centum upon the assessed valuation of the taxable property therein for the year next preceding that in which said indebtedness is incurred for the purpose of constructing street railways, electric lights, or other lighting plants: Provided further, That no county, municipal corporation, civil township, district, or subdivision shall be included within such district or subdivision without a majority vote in favor thereof of the electors of the county, municipal corporation, civil township, district, or other subdivision as the case may be, which is purposed to be included therein, and no such debt shall ever be incurred for any of the purposes in this section provided, unless authorized by a vote in favor thereof by a majority of the electors of such county, municipal corporation, civil township, district, or subdivision incurring the same.

SEC. 5. Any city, county, town, school district, or any other subdivision incurring indebtedness shall, at or before the time of so doing, provide for the collection of an annual tax sufficient to pay the interest and also the principal thereof when due, and all laws or ordinances providing for the payment of the interest or principal of any debt shall be irrepealable until such debt be paid. ART. XIV, SEC. 1. The charitable and penal institutions of the State of South Dakota shall consist of a penitentiary, insane hospital, a school for the deaf and dumb, a school for the blind, and a reform school.

SEC. 2. The State institutions provided for in the preceding section shall be under the control of a State board of charities and corrections, under such rules and restrictions as the legislature shall provide; such board to consist of not to exceed five members, to be appointed by the governor and confirmed by the senate, and whose compensation shall be fixed by law.

SEC. 3. The State university, the agricultural college, the normal schools, and other educational institutions that may be sustained either wholly or in part by the State shall be under the control of a board of five members appointed by the governor and confirmed by the senate under such rules and restrictions as the legislature shall provide. The legislature may increase the number of members to nine.

SEC. 4. The regents shall appoint a board of five members for each institution under their control, to be designated the board of trustees. They shall hold office for five years, one member retiring annually. The trustees of each institution shall appoint the faculty of the same, and shall provide for the current management of the institution, but all appointments and removals must have the approval of the regents to be valid. The trustees of the several institutions shall receive no compensation for their services, but they shall be reimbursed for all expenses incurred in the discharge of their duties, upon presenting an itemized account of the same to the proper officer. Each board of trustees at its first meeting shall decide by lot the order in which its members shall retire from office.

SEC. 5. The legislature shall provide that the science of mining and metallurgy be taught in at least one institution of learning under the patronage of the State.

SEC. 6. The Legislature of the State of South Dakota shall not have the power to establish any charitable, penal, educational, or other institution as a State institution until the same has been duly authorized by a majority vote of the people of the State, voting to establish said institution, at any regular election in the State; and the legislature shall not make any appropriation to any institution except those now established by law unless expressly authorized so to do by a majority vote of the people of this State at a regular general election upon a proposition duly submitted to the electors of the State as provided by law.

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ART. XXI, SEC. 2. * The commissioner of school and public lands shall receive an annual salary of $1,800; the superintendent of public instruction shall receive an annual salary of $1.800

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ART. XXII. The following articles shall be irrevocable without the consent of the United States and the people of the State of South Dakota expressed by their legislative assembly: * * *

Fourth. That provision shall be made for the establishment and maintenance of systems of public schools, which shall be opened to all the children of this State, and free from sectarian control.

TENNESSEE.

ART. II, SEC. 28. Taxation, merchant's and privileges.-All property, real, personal, or mixed, shall be taxed; but the legislature may except such as may be held by the State, by counties, cities, or towns, and used exclusively for public or corporation purposes, and such as may be held and used for purposes purely religious, charitable, scientific, literary, or educational.

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ART. XI, SEC. 12. Education to be cherished; common-school fund; poll tax; whites and negroes; colleges, etc., rights of.-Knowledge, learning, and virtue, being essential to the preservation of republican institutions, and the diffusion of the opportunities and advantages of education throughout the different portions of the State being highly conducive to the promotion of this end, it shall be the duty of the general assembly, in all future periods of this government, to cherish literature and science. And the fund called the common-school fund, and all the lands and proceeds thereof, dividends, stocks, and other property of every description whatever, heretofore by law appropriated, by the general assembly of this state for the use of common schools, and all such as shall hereafter be appropriated, shall remain a perpetual fund, the principal of which shall never be diminished by legislative appropriations; and the interest thereof shall be inviolably appropriated to the support and encouragement of common schools throughout the State, and for the equal benefit of all the people thereof; and no law shall be made authorizing said fund or any part thereof to be diverted to any other use than the support and encouragement of common schools. The State taxes derived hereafter from polls shall be appropriated to educational purposes, in such manner as the general assembly shall, from time to time, direct by law. No school established or aided under this section shall allow white and negro children to be received as scholars together in the same school. The above provisions shall not prevent the legislature from carrying into effect any laws that have been passed in favor of the colleges, universities, or academies, or from authorizing heirs or distributees to receive and enjoy escheated property under such laws as shall be passed from time to time.

TEXAS.

ART. III, SEC. 48. The legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which may be included the following purposes:

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The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas;

SEC. 49. No debt shall be created by or on behalf of the State, except to supply casual deficiencies of revenue, repel invasion, suppress insurrection, defend the State in war, or pay existing debt; and the debt created to supply deficiencies in the revenue shall never exceed in the aggregate at any one time $200,000. SEC. 56. The legislature shall not, except as otherwise provided in this constitution, pass any local or special law, authorizing— Regulating the management of public schools, the building or repairing of schoolhouses, and the raising of money for such purposes;

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ART. VII, SEC. 1. A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.

SEC. 2. All funds, lands, and other property heretofore set apart and appropriated for the support of public schools; all the alternate sections of land reserved by the State out of grants heretofore made, or that may hereafter be made, to railroads or other corporations of any nature whatsoever; one-half of