(4) SEC. 2. A superintendent of public instruction shall be elected at the regular election to be held on the first Monday in April, nineteen hundred nine, and every second year thereafter. He shall hold office for a period of two years from the first day of July following his election and until his successor is elected and qualified. He shall have general supervision of public instruction in the state. He shall be a member and secretary of the state board of education. He shall be ex-officio a member of all other boards having control of public instruction in any state institution, with the right to speak but not to vote. His duties and compensation shall be prescribed by law.

(5) SEC. 3. There shall be a board of regents of the university, consisting of eight members, who shall hold the office for eight years. There shall be elected at each regular biennial spring election two members of such board. When a vacancy shall occur in the office of regent it shall be filled by appointment, of the governor.

(6) SEC. 4. The regents of the university and their successors in office shall continue to constitute the body corporate known as "The Regents of the University of Michigan."

(7) SEC. 5. The regents of the university shall, as often as necessary, elect a president of the university. The president of the university and the superintendent of public instruction shall be ex-officio members of the board of regents, with the privilege of speaking but not of voting. The president shall preside at the meetings of the board and be the principal executive officer of the university. The board of regents shall have the general supervision of the university and the direction and control of all expenditures from the university funds.

Under this provision the board of regents has independent control of the affairs of the university. Regents v. Auditor General, 167/444. Neither the legislature, nor any officer or board of this state, may interfere with the control and management of the affairs and property of the university, although in making appropriations for its support the legislature may attach any conditions it may deem expedient and wise, and the appropriation cannot be received without complying with the conditions.-Agler v. Mich. Agricultural College, 181/ 559.

(8) SEC. 6. The state board of education shall consist of four members. On the first Monday in April, nineteen hundred nine, and at each succeeding biennial spring election, there shall be elected one member of such board who shall hold his office for six years from the first day of July following his election. The state board of education shall have general supervision of the state normal college and the state normal schools, and the duties of said board shall be prescribed by law.

(9) SEC. 7. There shall be elected on the first Monday in April, nineteen hundred nine, a state board of agriculture to consist of six members, two of whom shall hold the office for two years, two for four years and two for six years. At every regular biennial spring election thereafter, there shall be elected two members whose term of office shall be six years. The members thus elected and their successors in office shall be a body corporate to be known as "The State Board of Agriculture."

(10) SEC. 8. The state board of agriculture shall, as often as necessary, elect a president of the agricultural college, who shall be exofficio a member of the board with the privilege of speaking but not of voting. He shall preside at the meetings of the board and be the princi

pal executive officer of the college. The board shall have the general supervision of the college, and the direction and control of all agricultural college funds; and shall perform such other duties as may be prescribed by law.

The state board of agriculture has exclusive control of the general funds of the Michigan agricultural college.-Bauer v. State Board of Agriculture, 164/415.

The constitutional powers of the state board of agriculture with respect to the college and its funds are the same as those of the board of regents of the university with respect to the university and its funds.-State Board of Agriculture v. Auditor General, 180/349, 359; Agler v. Mich. Agricultural College, 181/559, 561. See note to section 7.

(11) SEC. 9. The legislature shall continue a system of primary schools, whereby every school district in the state shall provide for the education of its pupils without charge for tuition; and all instruction in such schools shall be conducted in the English language. If any school district shall neglect to maintain a school within its borders as prescribed by law for at least five months in each year, or to provide for the education of its pupils in another district or districts for an equal period, it shall be deprived for the ensuing year of its proportion of the primary school interest fund. If any school district shall, on the second Monday in July of any year, have on hand a sufficient amount of money in the primary school interest fund to pay its teachers for the next ensuing two years as determined from the pay roll of said district for the last school year, and in case of a primary district, all tuition for the next ensuing two years, based upon the then enrollment in the seventh and eighth grades in said school district, the children in said district shall not be counted in making the next apportionment of primary school money by the superintendent of public instruction; nor shall such children be counted in making such apportionment until the amount of money in the primary school interest fund in said district shall be insufficient to pay teachers' wages or tuition as herein set forth for the next ensuing two years.

As proposed by concurrent resolution No. 1, Public Acts of 1911, pages 537-8; ratified April 3, 1911.

(12) SEC. 10. The legislature shall maintain the university, the college of mines, the state agricultural college, the state normal college and such state normal schools and other educational institutions as may be established by law.

(13) SEC. 11. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the state for educational purposes and the proceeds of all lands or other property given by individuals or appropriated by the state for like purposes shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the specific objects of the original gift, grant or appropriation.

(14) SEC. 12. All lands, the titles to which shall fail from a defect of heirs, shall escheat to the state, and the interest on the clear proceeds from the sales thereof shall be appropriated exclusively to the support of the primary schools.

(15) SEC. 13. The legislature shall appropriate all salt spring lands now unappropriated, or the money arising from the sale of the same,

where such lands have already been sold, and any funds or lands which may hereafter be granted or appropriated for such purpose, for the support and maintenance of the agricultural college.

(16) SEC. 14. The legislature shall provide by law for the establishment of at least one library in each township and city; and all fines assessed and collected in the several counties, cities and townships for any breach of the penal laws shall be exclusively applied to the support of such libraries.

(17)

SEC. 15. Institutions for the benefit of those inhabitants who are deaf, dumb, blind, feeble-minded or insane shall always be fostered and supported.

STATUTORY PROVISIONS.

ELECTIONS.

[Extract from Act 203, P. A. 1917.].

(18) SEC. 8. At each biennial spring election there shall Officers be elected the following officers:

elected.

(1) Two justices of the supreme court, each for the full Justices. term of eight years, beginning on the first day of January next following his election;

(2) Two regents of the university, each for the term of Regents. eight years, beginning on the first day of January next following his election;

ent of public

(3) A superintendent of public instruction for the term Superintendof two years, beginning on the first day of July next follow instruction. ing his election;

of education.

(4) A member of the state board of education for the State board term of six years, beginning on the first day of July next following his election;

agriculture.

(5) Two members of the state board of agriculture, each State board of for the term of six years, beginning on the first day of January next following his election.

Act 270 of 1913, (§ 462, C. L. 1915), abolishing the office of commissioner of the state land office, transfers to the superintendent of public instruction the duties of that officer "on the board of state auditors and all other boards, committees or commissions of which the commissioner of the state land office is by virtue of his office a member."

THE PRIMARY SCHOOL SYSTEM.

An Act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act.

[Act 164, P. A. 1881.]

The People of the State of Michigan enact:

CHAPTER I.

THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

(19) § 5641. SECTION 1. The superintendent of public Supt. of public instruction shall have general supervision of general instruc- Instruction. tion in all public schools and in all state institutions that are educational in their character, as follows: The university,

Residence.

Duties.

Records and accounts.

Statutory period of school.

Annual report.

State

teachers' institute.

May request removal of

the agricultural college, the institution for the deaf (a) and dumb, the school for the blind (a), the state industrial school for boys, the state industrial home for girls, the state public school for dependent and neglected children, and the home for the feeble-minded, and any similar institution that may hereafter be created. He shall reside at the seat of the state government and shall devote his entire time to the duties of his office. He shall be a graduate of a university, college or state normal school of good standing, and shall have had at least five years' experience as a teacher or superintendent of schools. His duties shall be as follows:

(a) To visit the institutions mentioned above and meet with the governing boards thereof from time to time;

(b) To direct the supervision of county normal training classes and provide general rules for their management and control;

(c) To require all boards of education to observe the laws relating to schools, and he shall have authority to compel such observance by appropriate legal proceedings instituted in courts of competent jurisdiction by direction of the attorney general;

(d) To examine and audit the official records and accounts of any school district, and require corrections thereof when necessary, and to require an accounting from the treasurer of any school district when necessary;

(e) To require all school districts to maintain school or provide educational facilities for all children resident in such district for at least the statutory period;

(f) To prepare annually, and transmit to the governor, to be by him transmitted to the legislature at each biennial session thereof, a report containing a statement of the gen-. eral educational conditions of the state; a general statement regarding the operation of the several state educational institutions and all incorporated institutions of learning; to present plans for the improvement of the general educational system if in his judgment it is deemed necessary; the report shall also contain the annual reports and accompanying documents of all state educational institutions so far as the same may be of public interest, and tabulated statements of the annual reports of the several school officers of the town'ships and cities of the state, and any other matter relating to his office which he may deem expedient to communicate to the legislature;

(g) To appoint a time and place and proper instructors for a state teachers' institute and for institutes in the several counties of the state, and make such rules and regulations for their management as he may deem necessary;

(h) He may request the governor to remove from office certain officer. any county commissioner of schools or member of the board (a) By act 148, P. A. 1917, declared to be public schools.