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line; and in no case shall any consolidation take place except upon public notic given at least sixty days to all stockholders, in such manner as may be pr vided by law. Any attempt to evade the provisions of this section by an railroad corporation by lease or otherwise, shall work a forfeiture of charter.

SEC. 142. Railways heretofore constructed, or that may hereafter be c structed in this state, are hereby declared public highways, and all railroad sleeping cars, telegraph, telephone and transportation companies of passenger intelligence and freight are declared to be common carriers and subject to leg lative control; and the legislative assembly shall have power to enact laws reg lating and controlling the rates of charges for the transportation of passenger intelligence and freight; as such common carriers, from one point to anoth in this state; provided, that appeal may be had to the courts of this state fr the rates so fixed; but the rates fixed by the legislative assembly or board railroad commissioners shall remain in force pending the decision of the com SEC. 143. Any association or corporation organized for the purpose have the right to construct and operate a railroad between any points wi this state, and to connect at the state line with the railroads of other stat Every railroad company shall have the right with its road to intersect, cou with or cross any other, and shall receive and transport each other's passenge tonnage and cars, loaded or empty, without delay or discrimination.

SEC. 144. The term "corporation" as used in this article shall not be u stood as embracing municipalities or political subdivisions of the state otherwise expressly stated, but it shall be held and construed to include all ciations and joint stock companies having any of the powers or priviles corporations not possessed by individuals or partnerships.

SEC. 145. If a general banking law be enacted, it shall provide for the try and countersigning by an officer of the state of all notes or bills desig for circulation, and that ample security to the full amount thereof shall deposited with the state treasurer for the redemption of such notes or bill

SEC. 146. Any combination, between individuals, corporations, associatio or either, having for its object or effect the controlling of the price of any prod of the soil or any article of manufacture or commerce, or the cost of exchan or transportation, is prohibited and hereby declared unlawful and against pu policy; and any and all franchises heretofore granted or extended, or that hereafter be granted or extended in this state, whenever the owner or ow thereof violate this article, shall be deemed annulled and become void.

SEC. 147.

ARTICLE VIII.

EDUCATION.

A high degree of intelligence, patriotism, integrity and moral on the part of every voter in a government by the people being necessary in or to insure the continuance of that government and the prosperity and happi of the people, the legislative assembly shall make provision for the establishm and maintenance of a system of public schools which shall be open to all child of the State of North Dakota and free from sectarian control. This legislat requirement shall be irrevocable without the consent of the United States the people of North Dakota.

SEC. 148. The legislative assembly shall provide, at its first session after adoption of this constitution, for a uniform system for free public scho throughout the state, beginning with the primary and extending through a grades up to and including the normal and collegiate course.

SEC. 149. In all schools instruction shall be given as far as practicable those branches of knowledge that tend to impress upon the mind the vital r portance of truthfulness, temperance, purity, public spirit, and respect for hom labor of every kind.

SEC. 150. A superintendent of schools for each county shall be elected ere two years, whose qualifications, duties, powers and compensation shall be fixe by law. SEC. 151. The legislative assembly shall take such other steps as may

sary to prevent illiteracy, secure a reasonable degree of uniformity in course dy, and to promote industrial, scientific, and agricultural improvements. EC. 152. All colleges, universities, and other educational institutions, for upport of which lands have been granted to this state, or which are supby a public tax, shall remain under the absolute and exclusive control of cate. No money raised for the support of the public schools of the state be appropriated to or used for the support of any sectarian school.

ARTICLE IX.

SCHOOL AND PUBLIC LANDS.

EC. 153. All proceeds of the public lands that have heretofore been or may fter be granted by the United States for the support of the common schools s state; all such per centum as may be granted by the United States on the of public lands; the proceeds of property that shall fall to the state by at; the proceeds of all gifts and donations to the state for common schools, t otherwise appropriated by the terms of the gift, and all other property wise acquired for common schools, shall be and remain a perpetual fund e maintenance of the common schools of the state. It shall be deemed a fund, the principle of which shall forever remain inviolate and may be sed but never diminished. The state shall make good all losses thereof. -EC. 154. The interest and income of this fund together with the next proof all fines for violation of state laws, and all other sums which may be I thereto by law shall be faithfully used and applied each year for the benethe common schools of the state, and shall be for this purpose appor1 among and between all the several common school corporations of the in proportion to the number of children in each of school age, as may ed by law, and no part of the fund shall ever be diverted even temporarily, this purpose, or used for any other purpose whatever than the maintenance mmon schools for the equal benefit of all the people of the state; provided, ver, that if any portion of the interest or income aforesaid shall be not ded during any year, said portion shall be added to and become a part of hool fund.

EC. 155. After one year from the assembling of the first legislative assemle lands granted to the state from the United States for the support of the on schools may be sold upon the following conditions and no other: No than one-fourth of all such lands shall be sold within the first five years the same become saleable by virtue of this section. No more than one-half e remainder within ten years after the same become saleable as aforesaid. esidue may be sold at any time after the expiration of said ten years. The ative assembly shall provide for the sale of all school lands subject to the sions of this article. The coal lands of the state shall never be sold, but gislative assembly may by general laws provide for leasing the same. 3 "coal lands" shall include lands bearing lignite coal. SEC. 156. The superintendent of public instruction, governor, attorney gensecretary of state and state auditor shall constitute a board of commissionwhich shall be denominated the "Board of University and School Lands” subject to the provisions of this article, and any law that may be passed e legislative assembly, said board shall have control of the appraisement. rental and disposal of all school and university lands, and shall direct the tment of the funds arising therefrom in the hands of the state treasurer, the limitations in section 160 of this article.

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SEC. 157. The county superintendent of common schools, the chairman of ounty board and the county auditor shall constitute boards of appraisal. under the authority of the state board of university and school lands shall tise all school lands within their respective counties which they may from to time recommend for sale at their actual value under the prescribed and shall first select and designate for sale the most valuable lands. SEC. 158.

No land shall be sold for less than the appraised value, and in ase for less than ten dollars per acre. The purchaser shall pay one-fifth e price in cash, and the remaining four-fifths as follows:

One-fifth in five years, one-fifth on or before the expiration of ten years,

one-fifth on or before the expiration of fifteen years, and one-fifth on or befor the expiration of twenty years, with interest at the rate of not less than per cent per annum, payable annually in advance; provided, that when ments are made before due they shall be made at an interest paying date, one year's interest in advance shall be paid on all moneys so paid. All s shall be held at the county seat of the county in which the land to be side situated, and shall be at public auction and to the highest bidder, after days advertisement of the same in a newspaper of general circulation in vicinity of the land to be sold, and one at the seat of government. Such as shall not have been specially subdivided shall be offered in tracts of quarter section, and those sub-divided in the smallest subdivisions. All a designated for sale and not sold within two years after appraisal shall be appraised before they are sold. No grant or patent for such lands shall until payment is made for the same; provided that the land contracted to sold by the state shall be subject to taxation from the date of contract. case the taxes assessed against any of said lands for any year remain un until the first Monday in October of the following year, then thereupon the tract of sale for such lands shall, if the board of university and school so determine, become null and void. Any lands under the provisions of se 158 of the constitution of the State of North Dakota that have heretofore sold, may be paid for, except as to interest, as provided, further, that any or institution lands that may be required for townsite purposes, school sites, church sites, cemetery sites, sites for other educational or charitable tutions, public parks, fair grounds, public highways, railroad right of wo for other railroad uses and purposes, reservoirs for the storage of wat irrigation, drain ditches or irrigation ditches, and lands that may be re for any of the purposes over which the right of eminent domain may ercised under the constitution and the laws of the State of North Dakota. be sold under the provisions of this section, and shall be paid for, principal interest, in full in advance, at the time of sale, or at any time thereafter, patent issued therefor, when principal and interest are paid."

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Section 158 has been amended three times; the first amendment was prog and adopted by the legislature of 1905, re-adopted by the legislature of 1907 ratified at the election of Nov. 3, 1908. The second amendment was proposed adopted by the legislature of 1907, re-adopted by the legislature of 1909, and rat at the election of Nov. 8, 1910. The third amendment was proposed and adoptel the legislature of 1909, re-adopted by the legislature of 1911 and ratified at the tion of Nov. 5, 1912. The text of the amendment of 1908 is as follows: Section Minimum Price of State Lands. No lands shall be sold for less than the appr value and in no case for less than ten dollars per acre. The purchaser shall pay fifth of the price in cash, and the remaining four-fifths as follows: One-fifth it! years, one-fifth in ten years, one-fifth in fifteen years and one-fifth in twenty with interest at the rate of not less than six per centum, payable annually in ade All sales shall be held at the county seat of the county in which the land to bel is situate, and shall be at public auction and to the highest bidder, after sixty advertisement of the same in a newspaper of general circulation in the vicinity lands to be sold, and one at the seat of government. Such lands as shall not been specially subdivided shall be offered in tracts of one-quarter section, and ther subdivided in the smallest sub-divisions. All lands designated for sale and not within two years after appraisal, shall be reappraised before they are sold. Ne or patent for any such lands shall issue until payment is made for the same vided, that the lands contracted to be sold by the state shall be subject to taxd from the date of such contract. In case the taxes assessed against any of said for any year remain unpaid until the first Monday in October of the following ye then and thereupon the contracts of sale of such lands shall, at the election board of university and school lands, become null and void; and no such contract h tofore made shall be held void for nonpayment of taxes accruing on the lands scribed therein; provided, such taxes shall have been paid before this amendment ta effect; provided, further, that any school or institution land that may be requires townsite purposes may be paid for at any time and patent issued therefor.

The text of the amendment of 1910 is as follows: Section 158. No land shal sold for less than the appraised value, and in no case for less than ten dollars: acre. The purchaser shall pay one-fifth of the price in cash and the remaining fo fifths [four-fifths] as follows: One-fifth in five years, one-fifth on or before the piration of ten years, one-fifth on or before the expiration of fifteen years, and fifth on or before the expiration of twenty years, with interest payable at the ratnot less than five per cent. per annum payable annually in advance; provided. when payments are made before due they shall be made at an interest-paying data. one year's interest in advance shall be paid on all moneys so paid. All sales shall be at the county seat of the county in which the land to be sold is situated, and be

SEC, 159. All land, money or other property donated, granted or received the United States or any other source for a university, school of mines, rin school, agricultural college, deaf and dumb asylum, normal school or r educational or charitable institution or purpose, and the proceeds of all lands and other property so received from any source, shall be and remain betual funds, the interest and income of which, together with the rents of such lands as may remain unsold, shall be inviolably appropriated and lied to the specific objects of the original grants or gifts. The principal of 'y such fund may be increased but shall never be diminished, and the interest income only shall be used. Every such fund shall be deemed a trust fund by the state, and the state shall make good all losses thereof. SEC. 160. All lands mentioned in the preceding section shall be appraised sold in the same manner and under the same limitations and subject to all conditions as to price and sale as provided above for the appraisal and sale ands for the benefit of common schools; but a distinct and separate account 1 be kept by the proper officers of each of said funds; provided, that the limions as to the time in which school land may be sold shall apply only to lands ted for the support of common schools.

SEC. 161. The legislative assembly shall have authority to provide by law the leasing of lands granted to the state for educational and charitable purs: but no such law shall authorize the leasing of said lands for a longer od than five years. Said lands shall only be leased for pasturage and dow purposes and at a public auction after notice as heretofore provided in of sale; provided, that all of said school lands now under cultivation may eased, at the discretion and under the control of the board of university school lands, for other than pasturage and meadow purposes until sold. All s shall be paid in advance.

SEC. 162. The moneys of the permanent school fund and other educational s shall be invested only in bonds of school corporations or of counties, or of ships, or of municipalities within the state, bonds issued for the construction rains under authority of law within the state, bonds of the United States, is of the State of North Dakota, bonds of other states; provided, such states · never repudiated any of their indebtedness, or on first mortgages on farm s in this state, not exceeding in amount one-third of the actual value of subdivision on which the same may be loaned, such value to be determined he board of appraisal of school lands.10

SEC. 163. No law shall ever be passed by the legislative assembly granting ny person, corporation or association any privileges by reason of the occu›n, cultivation or improvement of any public lands by said person, corporaor association subsequent to the survey thereof by the general government, claim for the occupation, cultivation or improvement of any public lands l ever be recognized, nor shall such occupation, cultivation or improvement ny public lands ever be used to diminish either directly or indirectly, the hase price of said lands,

SEC. 164. The legislative assembly shall have authority to provide by law the sale or disposal of all public lands that have been heretofore, or may ic auction and to the highest bidder after sixty days advertisement of the same newspaper in general circulation in the vicinity of the land to be sold, and also ished in a newspaper published at the county seat, and also in a newspaper pubd at the seat of government. Such lands as shall not have been especially subled shall be offered in tracts of one-quarter section, and those subdivided in the Jest sub-division. All lands designated for sale and not sold within two years ↑ appraisal shall be re-appraised before they are sold. No grant or patent for such s shall issue until payment is made for the same; provided, that the lands conted to be sold by the state shall be subject to taxation from the date of such cont. In case the taxes assessed against any of said lands for any year remain unpaid 1 the first Monday in October of the following year, then and thereupon the cont of sale for such lands shall, if the board of university and school lands so deine, become null and void. Any lands under the provisions of section 158 of the titution of the State of North Dakota that have heretofore been sold may be paid except as to interest, as provided herein; provided, further, that any school or itution lands that may be required for township purposes, may be paid for at any and patent issued therefor.

Amendment proposed and adopted by the legislature of 1903, re-adopted by the slature of 1905, and ratified at the election of Nov. 6, 1906.

hereafter be granted by the United States to the state for purposes other th set forth and named in sections 153 and 159 of this article. And the legislati assembly, in providing for the appraisement, sale, rental and disposal of the same, shall not be subject to the provisions and limitations of this article.

SEC. 165. The legislative assembly shall pass suitable laws for the saf keeping, transfer and disbursement of the state school funds; and shall requir all officers charged with the same or the safe keeping thereof to give am bonds for all moneys and funds received by them, and if any of said office shall convert to his own use in any manner or form, or shall loan with without interest or shall deposit in his own name, or otherwise than in name of the state of North Dakota, or shall deposit in any banks or with a person or persons, or exchange for other funds or property any portion of school funds aforesaid or purposely allow any portion of the same to rem in his own hands uninvested, except in the manner prescribed by law, eng such act shall constitute an embezzlement of so much of the aforesaid sch funds as shall be thus taken or loaned, or deposited, or exchanged, or wi held, and shall be a felony; and any failure to pay over, produce or account the state school funds or any part of the same entrusted to any such officer, by law required or demanded, shall be held and be taken to be prima f evidence of such embezzlement.

ARTICLE X.

COUNTY AND TOWNSHIP ORGANIZATION.

SEC. 166. The several counties in the territory of Dakota lying north the seventh standard parallel as they now exist, are hereby declared t counties of the state of North Dakota.

SEC. 167. The legislative assembly shall provide by general law for org izing new counties, locating the county seats thereof temporarily, and chang county lines, but no new county shall be organized, nor shall any orga county be so reduced as to include an area of less than twenty-four congr sional townships, and containing a population of less than one thousand fide inhabitants. And in the organization of new counties and in changing lines of organized counties and boundaries of congressional townships, the ural boundaries shall be observed as nearly as may be.

SEC. 168. All changes in the boundaries of organized counties before ta effect shall be submitted to the electors of the county or counties to be affec thereby at a general election and be adopted by a majority of all the legal cast in each county at such election; and in case any portion of an organi county is stricken off and added to another the county to which such porti added shall assume and be holden for an equitable proportion of the indebted of the county so reduced.

SEC. 169. The legislative assembly shall provide by general law, for cas ing county seats in organized counties, but it shall have no power to ren the county seat of any organized county.

SEC. 170. The legislative assembly shall provide by general law for to ship organization, under which any county may organize, whenever a major of all the legal voters of such county, voting at a general election, shall so dep mine, and whenever any county shall adopt township organization, so much this constitution as provides for the management of the fiscal concerns of sa county by the board of county commissioners, may be dispensed with hy majority vote of the people voting at any general election; and the affairs said county may be transacted by the chairmen of the several township be of said county, and such others as may be provided by law for incorporated eitis towns or villages within such county.

SEC. 171. In any county that shall have adopted a system of government 15 the chairmen of the several township boards, the question of continuing “ɔ same may be submitted to the electors of such county at a general election such a manner as may be provided by law, and if a majority of all the vo cast upon such question shall be against said system of government, then su system shall cease in said county, and the affairs of said county shall then

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