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ART. XIX, SEC. 2. Reformatory and penal institutions, and those for the benefit of the insane, blind, deaf and dumb, and such other institutions as the public good may require, shall be established and supported by the State in such manner and under such boards of control as may be prescribed by law.

SEC. 3. The public institutions of the State are hereby permanently located at the places hereinafter named, each to have the lands specifically granted to it by the United States in the act of Congress approved July 16, 1894, to be disposed of and used in such manner as the legislature may provide: * * *

Second. The institutions for the deaf and dumb and the blind and the State reform school, at Ogden City, in the county of Weber. 2/2

ART. XXI, SEC. 1. All State, district, city, county, town, and school officers, excepting notaries public, boards of arbitration, court commissioners, justices of the peace, and constables, shall be paid fixed and definite salaries. *

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VERMONT.

CHAP. II, SEC. 41. * A competent number of schools ought to be maintained in each town for the convenient instruction of youth, and one or more grammar schools be incorporated and properly supported in each county in this State. And all religious societies or bodies of men that may be hereafter united or incorporated for the advancement of religion and learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities, and estates, which they in justice ought to enjoy, under such regulations as the general assembly of this State shall direct.

ART. 30. No charter of incorporation shall be granted, extended, changed, or amended by special law, except for such municipal, charitable, educational, penal, or reformatory corporations as are to be and remain under the patronage or control of the State. *

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VIRGINIA.

ART. II, SEC. 24. No inmate of any charitable institution or a student in any institution of learning [shall] be regarded as having either gained or lost a residence, as to the right of suffrage, by reason of his location or sojourn in such institution.

ART. IV, SEC. 67. The general assembly shall not make any appropriation of public funds, of personal property, or of any real estate, to any church, sectarian society, association, or institution of any kind whatever, which is entirely or partly, directly or indirectly, controlled by any church or sectarian society;

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ART. VIII, SEC. 127. No city or town shall issue any bonds or other interestbearing obligations for any purpose or in any manner to an amount which, including existing indebtedness, shall at any time exceed 18 per centum of the assessed valuation of the real estate in the city or town subject to taxation, as shown by the last preceding assessment for taxes: Provided, however, That nothing above contained in this section shall apply to those cities and towns whose charters existing at the adoption of this constitution authorize a larger percentage of indebtedness than is authorized by this section: *

SEC. 128. In cities and towns the assessment of real estate and personal property for the purpose of municipal taxation shall be the same as the assessment thereof for the purpose of State taxation, whenever there shall be a State assessment of such property.

ART. IX, SEC. 129. The general assembly shall establish and maintain an efficient system of public free schools throughout the State.

SEC. 130. The general supervision of the school system shall be vested in a State board of education, composed of the governor, attorney general, superintendent of public instruction, and three experienced educators to be elected quadrennially by the senate, from a list of eligibles, consisting of one from each of the faculties, and nominated by the respective boards of visitors or trustees, of the University of Virginia, the Virginia Military Institute, the Virginia Polytechnic Institute, the State Female Normal School, at Farmville, the School for the Deaf and Blind, and also of the College of William and Mary, so long as the State continue its annual appropriation to the last-named institution.

The board thus constituted shall select and associate with itself two division superintendents of schools, one from a county and the other from a city, who shall hold office for two years, and whose powers and duties shall be identical with those of other members, except that they shall not participate in the appointment of any public-school official.

Any vacancy occurring during the term of any member of the board shall be filled for the unexpired term by said board.

SEC. 131. The superintendent of public instruction, who shall be an experienced educator, shall be elected by the qualified voters of the State at the same time and for the same term as the governor. Any vacancy in said office shall be filled for the unexpired term by the said board.

His duties shall be prescribed by the State board of education, of which he shall be ex officio president; and his compensation shall be fixed by law. SEC. 132. The duties and powers of the State board of education shall be as follows:

First. It may, in its discretion, divide the State into appropriate school divisions, comprising not less than one county or city each, but no county or city shall be divided in the formation of such divisions. It shall, subject to the confirmation of the senate, appoint, for each of such divisions, one superintendent of schools, who shall hold office for four years, and shall prescribe his duties, and may remove him for cause and upon notice.

Second. It shall have, regulated by law, the management and investment of the school fund.

Third. It shall have authority to make all needful rules and regulations for the management and conduct of the schools, which, when published and distributed, shall have the force and effect of law, subject to the authority of the general assembly to revise, amend, or repeal the same.

Fourth. It shall select textbooks and educational appliances for use in the schools of the State, exercising such discretion as it may see fit in the selec tion of books suitable for the schools in the cities and counties respectively.

Fifth. It shall appoint a board of directors, consisting of five members, to serve without compensation, which shall have the management of the State library, and the appointment of a librarian and other employees thereof, subject to such rules and regulations as the general assembly shall prescribe; but the supreme court of appeals shall have the management of the law library and the appointment of the librarian and other employees thereof.

SEC. 133. Each magisterial district shall constitute a separate school district, unless otherwise provided by law. In each school district there shall be three trustees selected, in the manner and for the term of office prescribed by law.

SEC. 134. The general assembly shall set apart as a permanent and perpetual literary fund, the present literary fund of the State; the proceeds of all public lands donated by Congress for public free-school purposes; of all escheated property; of all waste and unappropriated lands; of all property accruing to the State by forfeiture, and all fines collected for offenses committed against the State, and such other sums as the general assembly may appropriate.

SEC. 135. The general assembly shall apply the annual interest on the literary fund; that portion of the capitation tax provided for in the constitution to be paid into the State treasury, and not returnable to the counties and cities; and an annual tax on property of not less than 1 nor more than 5 mills on the dollar to the schools of the primary and grammar grades, for the equal benefit of all of the people of the State, to be apportioned on a basis of school population; the number of children between the ages of 7 and 20 years in each school district to be the basis of such apportionment; but if at any time the several kinds or classes of property shall be segregated for the purposes of taxation, so as to specify and determine upon what subjects State taxes and upon what subject local taxes may be levied, then the general assembly may otherwise provide for a fixed appropriation of State revenue to the support of the schools not less than that provided in this section.

SEC. 136. Each county, city, town, if the same be a separate school district, and school district is authorized to raise additional sums by a tax on property, not to exceed in the aggregate 5 mills on the dollar in any one year, to be apportioned and expended by the local school authorities of said counties, cities, towns, and districts in establishing and maintaining such schools as in their judgment the public welfare may require: Provided, That such primary schools as may be established in any school year shall be maintained at 3966-15-60

least four months of that school year before any part of the fund assessed and collected may be devoted to the establishment of schools of higher grade. The boards of supervisors of the several counties, and the councils of the several cities, and towns if the same be separate school districts, shall provide for the levy and collection of such local school taxes.

SEC. 137. The general assembly may establish agricultural, normal, manualtraining, and technical schools, and such grades of schools as shall be for the public good.

SEC. 138. The general assembly may, in its discretion, provide for the compulsory education of children between the ages of 8 and 12 years, except such as are weak in body or mind, or can read and write, or are attending private schools, or are excused for cause by the district school trustees.

SEC. 139. Provision shall be made to supply children attending the public schools with necessary textbooks in cases where the parent or guardian is unable, by reason of poverty, to furnish them.

SEC. 140. White and colored children shall not be taught in the same school. SEC. 141. No appropriation of public funds shall be made to any school or institution of learning not owned or exclusively controlled by the State or some political subdivision thereof: Provided, First, that the general assembly may, in its discretion, continue the appropriations to the College of William and Mary; second, that this section shall not be construed as requiring or prohibiting the continuance or discontinuance by the general assembly of the payment of interest on certain bonds held by certain schools and colleges as provided by an act of the general assembly approved February 23, 1892, relating to bonds held by schools and colleges; third, that counties, cities, towns, and districts may make appropriations to nonsectrian schools of manual, industrial, or technical training, and also to any school or institution of learning owned or exclusively controlled by such county, city, town, or school district.

SEC. 142. Members of the boards of visitors or trustees of educational institutions shall be appointed as may be provided by law and shall hold for the term of four years: Provided, That at the first appointment, if the board be of an even number, one-half of them, or, if of an odd number, the least majority of them, shall be appointed for two years.

ART. X, SEC. 146. The president of the board of agriculture and immigration shall be ex officio a member of the board of visitors of the Virginia Polytechnic Institute.

ART XIII, SEC. 173. The general assembly shall levy a State capitation tax of, and not exceeding, $1.50 per annum on every male resident of the State not less than 21 years of age, except those pensioned by this State for military services, $1 of which shall be applied exclusively in aid of the public free school. * 串 * The general assembly may authorize the board of supervisors of any county or the council of any city or town to levy an additional capitation tax not exceeding $1 per annum on every such resident within its limits, which shall be applied in aid of the public schools of such county, city, or town, or for such other county, city, or town purposes as they shall determine.

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WASHINGTON.

ART. I, SEC. 33. Every elective public officer in the State of Washington except judges of courts of record is subject to recall and discharge by the legal voters of the State or of the political subdivision of the State from which he was elected whenever a petition demanding his recall, reciting that such officer has committed some act or acts of malfeasance or misfeasance while in office, or who has violated his oath of office, stating the matters complained of, signed by the percentages of the qualified electors thereof, hereinafter provided. SEC. 34. * The percentages required shall be, State officers, other than judges, senators, and representatives, city officers of cities of the first class, school district boards in cities of the first class, county officers of counties of the first, second, and third classes, 25 per cent. Officers of all other political subdivisions, cities, towns, townships, precincts, and school districts not herein mentioned, and State senators and representatives, 35 per cent. ART. II, SEC. 28. The legislature is prohibited from enacting any private or special law in the following cases: For authorizing the apportionment of any part of the school fund. Providing for the management of common schools. *本 *

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ART. III, SEC 1. The executive department shall consist of a governor, superintendent of public instruction, and a commissioner of public lands, who shall be severally chosen by the qualified electors of the State at the same time and place of voting as for the members of the legislature.

SEC. 3. The

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* superintendent of public instruction and commissioner of public lands shall hold their offices for four years, respectively, and until their successors are elected and qualified.

SEC. 4. The returns of every election for the offices named in the first section of this article shall be sealed up and transmitted to the seat of government by the returning officers, directed to the secretary of state, who shall deliver the same to the speaker of the house of representatives at the first meeting of the house thereafter, who shall open, publish, and declare the result thereof in the presence of a majority of the members of both houses. The person having the highest number of votes shall be declared duly elected, and a certificate thereof shall be given to such person, signed by the presiding officers of both houses; but if any two or more shall be highest and equal in votes for the same office, one of them shall be chosen by the joint vote of both houses. Contested elections for such officers shall be decided by the legislature in such manner as shall be decided by law. The terms of all officers named in section 1 of this article shall commence on the second Monday in January after their election until otherwise provided by law.

SEC. 22. The superintendent of public instruction shall have supervision over all matters pertaining to public schools, and shall perform such specific duties as may be prescribed by law. He shall receive an annual salary of $2,500, which may be increased by law, but shall never exceed $4.000 per annum.

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SEC. 24. The * * * superintendent of public instruction, commissioner of public lands, and attorney general shall severally keep the public records, books, and papers relating to their respective offices at the seat of government. ART. VI, SEC. 4. For the purpose of voting and eligibility to office no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while a student at any institution of

learning.

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The property of *

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school districts

ART. VII, SEC. 2. * shall be exempt from taxation. ART. VIII, SEC. 6. No county, city, town, school district, or other municipal corporation shall for any purpose become indebted in any manner to an amount exceeding 1 per cent of the taxable property in such county, city, town, school district, or other municipal corporation without the assent of threefifths of the voters therein at an election to be held for that purpose, nor in cases requiring such assent shall the total indebtedness at any time exceed 5 per cent on the value of the taxable property therein, to be ascertained by the last assessment for State and county purposes previous to the incurring of such indebtedness. * * **

ART. IX, SEC. 1. It is the paramount duty of the State to make ample provision for the education of all children residing within its borders without distinction or preference on account of race, color, caste, or sex.

SEC. 2. The legislature shall provide for a general and uniform system of public schools. The public-school system shall include common schools and such high schools, normal schools, and technical schools as may hereafter be established. But the entire revenue derived from the common-school fund and the State tax for common schools shall be exclusively applied to the support of the common schools.

SEC. 3. The principal of the common-school fund shall remain permanent and irreducible. The said fund shall be derived from the following-named sources, to wit: Appropriations and donations by the State to this fund; donations and bequests by individuals to the State or public for common schools; the proceeds of lands and other property which revert to the State by escheat and forfeiture; the proceeds of all property granted to the State when the purpose of the grant is not specified or is uncertain; funds accumulated in the treasury of the State for the disbursement of which provision has not been made by law; the proceeds of the sale of timber, stone, minerals, or other property from school and State lands, other than those granted for specific purposes: all moneys received from persons appropriating timber, stone, minerals, or other property from school and State lands other than those granted for specific purposes, and all moneys other than rental recovered from persons trespassing on said lands; 5 per cent of the proceeds of the sale of public lands lying within the State, which shall be sold by the United States subsequent to the admission of the

State into the Union as approved by section 13 of the act of Congress enabling the admission of the State into the Union; the principal of all funds arising from the sale of lands and other property which have been, and hereafter may be, granted to the State for the support of common schools. The legislature may make further provisions for enlarging said fund. The interest accruing on said fund, together with all rentals and other revenues derived therefrom, and from lands and other property devoted to the common-school fund, shall be exclusively applied to the current use of the common schools.

SEC. 4. All schools maintained or supported wholly or in part by the public funds shall be forever free from sectarian control or influence.

SEC. 5. All losses to the permanent common school or any other State educational fund, which shall be occasioned by defalcation, mismanagement, or fraud of the agents or officers controlling or 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 particular fund sustaining such loss, upon which not less than 6 per cent annual interest shall be paid. The amount of liability so created shall not be counted as a part of the indebtedness authorized and limited elsewhere in this constitution.

ART. XIII, SEC. 1. Educational, reformatory, and penal institutions; those for the benefit of blind, deaf, dumb, or otherwise defective youth, for the insane or idiotic, and such other institutions as the public good may require, shall be fostered and supported by the State, subject to such regulations as may be provided by law. The regents, trustees, or commissioners of all such institutions existing at the time of the adoption of this constitution, and of such as shall thereafter be established by law, shall be appointed by the governor, by and with the advice and consent of the senate. * * *

ART. XVI, SEC. 2. None of the lands granted to the State for educational purposes shall be sold otherwise than at public auction to the highest bidder. The value thereof, less the improvements, shall, before any sale, be appraised by a board of appraisers, to be provided by the law, the terms of payment also to be prescribed by law, and no sale shall be valid unless the sum bid be equal to the appraised value of said land. In estimating the value of such lands for disposal, the value of the improvements thereon shall be excluded: Provided, That the sale of all school and university land heretofore made by the commissioners of any county or the university commissioners, when the purchase price has been paid in good faith, may be confirmed by the legislature.

SEC. 3. No more than one-fourth of the land granted to the State for educational purposes shall be sold prior to January 1, 1895, and not more than onehalf prior to January 1, 1905: Provided, That nothing herein shall be construed as to prevent the State from selling the timber or stone off of any of the State lands in such manner and on such terms as may be prescribed by law: And provided further, That no sale of timber lands shall be valid unless the full value of such lands is paid or secured to the State.

SEC. 4. No more than 160 acres of any granted lands of the State shall be offered for sale in one parcel, and all lands within the limits of any incorporated city, or within 2 miles of the boundary of any incorporated city, where the valuation of such lands shall be found by appraisment to exceed $100 per acre, shall, before the same be sold, be platted into lots and blocks of not more than 5 acres in a block, and not more than one block shall be offered for sale in one parcel.

SEC. 5. None of the permanent school fund of this State shall ever be loaned to private persons or corporations, but it may be invested in national, State, county, municipal, or school-district bonds.

WEST VIRGINIA.

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ART. VII, SEC. 1. The executive department shall consist of a governor, secretary of state, State superintendent of free schools, auditor, treasurer, and attorney general, Their terms of office, respectively, shall be four years, and shall commence on the 4th day of March next after their election. *

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SEC. 2. An election for governor, secretary of state, State superintendent of free schools, auditor, treasurer, and attorney general, shall be held at such times and places as may be prescribed by law.

SEC. 17. If the office of secretary of state, auditor, treasurer, State superintendent of free schools, or attorney general, shall become vacant by death.

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