perpetual public school fund; and that all interest accruing upon such sales shall be a part of the income belonging to the school fund, and subject to appropriation annually for educational purposes.

SEC. 5. The legislature shall have no power to appropriate or loan or invest, except as follows, any part of the principal sum of the perpetual school fund for any purpose whatever; and it shall be the duty of the legislature to appropriate annually the income which may be derived from said fund, for educational purposes, under such system as it may adopt; and it shall, from time to time, cause the principal sum now on hand and arising from sales of land, or from any other source, to be invested in the bonds of the United States of America, or the bonds of the State of Texas, or such bonds as the State may guarantee. SEC. 6. All public lands which have been heretofore, or may be hereafter, granted for public schools to the various counties or other political divisions in this State, shall be under the control of the legislature, and may be sold on such terms and under such regulations as the legislature shall by law prescribe; and the proceeds of the sale of said lands shall be added to the perpetual school fund of the State. But each county shall receive the full benefit of the interest arising from the proceeds of the sale of the lands granted to them respectively; provided that the lands already patented to the counties shall not be sold without the consent of such county or counties to which the lands may belong.

SEC. 7. The legislature may provide for the levying of a tax for educational purposes; provided, the taxes levied shall be distributed from year to year, as the same may be collected; and, provided, that all the sums arising from said tax which may be collected from Africans, or persons of African descent, shall be exclusively appropriated for the maintenance of a system of public schools for Africans and their children; and it shall be the duty of the legislature to encourage schools among these people.

SEC. 8. The moneys and lands heretofore granted to, or which may hereafter be granted for the endowment and support of one or more universities, shall constitute a special fund for the maintenance of said universities; and until the university or universities are located and commenced, the principal, and the interest arising from the investment of the principal, shall be invested in like manner, and under the same restrictions as provided for the investment and control of the perpetual public school fund, in sections four and five (4 and 5) in this article of the Constitution, and the legislature shall have no power to appropriate the university fund for any other purpose than that of the maintenance of said universities, and the legislature shall, at an early day, make such provisions, by law, as will organize and put into operation the university.

SEC. 9. The four hundred thousand acres of land that have been surveyed and set apart, under the provisions of a law approved 30th August, A. D. 1856, for the benefit of a lunatic asylum, a deaf and dumb asylum, a blind asylum, and an orphan asylum, shall constitute a fund for the support of such institutions, onefourth part for each; and the said fund shall never be diverted to any other purpose. The said lands may be sold, and the fund invested under the same rules and regulations as provided for the lands belonging to the school fund. The income of said fund only shall be applied to the support of such institutions; and, until so applied, shall be invested in the same manner as the principal.

SEC. 10. The governor, by and with the advice and consent of two-thirds of the senate, shall appoint an officer, to be styled the superintendent of public instruction. His term of office shall be four years, and his annual salary shall not be less than ($2,000) two thousand dollars, payable at stated times; and the gov ernor, comptroller, and superintendent of public education shall constitute a board to be styled a board of education, and shall have the general management and control of the perpetual school fund, and common schools, under such regulations as the legislature may hereafter prescribe.

SEC. 11. The several counties in this State which have not received their quantum of the lands for the purposes of education, shall be entitled to the same quantity heretofore appropriated by the Congress of the Republic of Texas, and the State, to other counties. And the counties which have not had the lands to which they are entitled for educational purposes located shall have the right to contract for the location, surveying, and procuring the patents for said lands, and of paying for the same with any portion of said lands so patented, not to exceed one-fourth

of the whole amount to be so located, surveyed, and patented-to be divided ac cording to quality, allowing to each part a fair proportion of land, water, and timber.

The constitution of 1846 devotes article tenth to education and school lands.

ARTICLE X.-EDUCATION AND SCHOOL LANDS.

SEC. 1. The general assembly shall provide for the election, by the people, of a superintendent of public instruction, who shall hold his office for three years, and whose duties shall be prescribed by law, and who shall receive such compensation as the general assembly may direct.

2. The general assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral and agricultural improvement. The proceeds of all lands that have been or hereafter may be granted by the United States to this State for the support of schools, which shall hereafter be sold or disposed of, and the five hundred thousand acres of land granted to the new States under an act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. 1841, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent. as may be granted by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the general assembly may provide, shall be inviolably appropriated to the support of common schools throughout the State.

3. The general assembly shall provide for a system of common schools, by which a school shall be kept up and supported in each school district, at least three months in every year; and any school district neglecting to keep up and support such a school may be deprived of its proportion of the interest of the public fund during such neglect.

4. The money which shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid or fine collected, among the several school districts of said counties, in the proportion to the number of inhabitants in such districts, to the support of common schools or the establishment of libraries, as the general assembly shall, from time to time, provide by law.

5. The general assembly shall take measures for the protection, improvement, or other disposition of such lands as have been or may hereafter be reserved or granted by the United States, or any person or persons, to this State, for the use of a university; and the funds accruing from the rents or sale of such lands, or from any other source, for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said university, with such branches as the public convenience may hereafter demand, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the general assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university.

The constitution of 1857 says:

ARTICLE IX.-FIRST.-EDUCATION.

SEC. 1. The educational interest of the State, including common schools and other educational institutions, shall be under the management of a board of education, which shall consist of the lieutenant governor, who shall be the presiding officer of the board, and have the casting vote in case of a tie, and one member to be elected from each judicial district in the State.

2. No person shall be eligible as a member of said board who shall not have attained the age of twenty-five years, and shall have been one year a citizen of the State.

3. One member of said board shall be chosen by the qualified electors of each district, and shall hold the office for the term of four years, and until his successor is elected and qualified. After the first election under this constitution, the board shall be divided, as nearly as practicable, into two equal classes, and the seats of the first class shall be vacated after the expiration of two years; and onehalf of the board shall be chosen every two years thereafter.

4. The first session of the board of education shall be held at the seat of gov ernment on the first Monday of December after their election; after which the general assembly may fix the time and place of meeting.

5. The session of the board shall be limited to twenty days, and but one session shall be held in any one year, except upon extraordinary occasions, when, upon the recommendation of two-thirds of the board, the governor may order a special

session.

6. The board of education shall appoint a secretary, who shall be the executive officer of the board, and perform such duties as may be imposed upon him by the board and the laws of the State. They shall keep a journal of their proceedings, which shall be published and distributed in the same manner as the journals of the general assembly.

7. All rules and regulations made by the board shall be published and distributed to the several counties, townships, and school districts, as may be provided for by the board, and when so made, published, and distributed, they shall have the force and effect of law.

8. The board of education shall have full power and authority to legislate and make all needful rules and regulations in relation to common schools and other educational institutions that are instituted; to receive aid from the school or university fund of this 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 re-enacted by the board of education. 9. The governor of the State shall be, ex officio, a member of said board. 10. The board shall have no power to levy taxes or make appropriations of money. Their contingent expenses shall be provided for by the general assembly. 11. The State university shall be established at one place, without branches at any other place, and the university fund shall be applied to that institution and no other.

12. The board of education shall provide for the education of all the youths of the State, through a system of common schools, and such schools shall be organized and kept in each school district at least three months in each year. Any district failing, for two consecutive years, to organize and keep up a school, as aforesaid, may be deprived of its portion of the school fund.

13. The members of the board of education shall each receive the same per diem during the time of their session, and mileage going to and returning therefrom, as members of the general assembly.

14. A majority of the board shall constitute a quorum for the transaction of business; but no rule, regulation, or law for the government of common schools, or other educational institutions, shall pass without the concurrence of a majority of all the members of the board, which shall be expressed by the yeas and nays on the final passage. The style of all acts of the board shall be, "Be it enacted by the board of education of the State of Iowa."

15. At any time after the year one thousand eight hundred and sixty-three, the general assembly shall have power to abolish or reorganize said board of educa

tion, and provide for the educational interest of the State in any other manner that to them shall seem best and proper.

SECOND.-SCHOOL FUNDS AND SCHOOL LANDS.

SEC. 1. The educational and school funds and lands shall be under the control and management of the general assembly of this State.

2. The university lands, and the proceeds thereof, and all moneys belonging to said fund, shall be a permanent fund for the sole use of the State university. The interest arising from the same shall be annually appropriated for the support and benefit of said university.

3. The general assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this State for the support of schools, which may have been or shall hereafter be sold or disposed of, and the five hundred thousand acres of land granted to the new States, under an act of Congress distributing the proceeds of the public lands among the several States of the Union, approved in the year of our Lord one thousand eight hundred and forty-one, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent. as has been or may hereafter be granted by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, together with all rents of the unsold lands, and such other means as the general assembly may provide, shall be inviolably appropriated to the support of common schools throughout the State.

4. The money which may have been or shall be paid by persons as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid, or fine collected, among the several school districts of said counties, in proportion to the number of youths subject to enumeration in such districts, to the support of common schools, or the establishment of libraries, as the board of education shall from time to time provide.

5. The general assembly shall take measures for the protection, improvement, or other disposition of such lands as have been, or may hereafter be, reserved or granted by the United States, or any person or persons, to this State, for the use of the university, and the funds accruing from the rents or sales of such lands, or from any other source for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said university for the promotion of literature and the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the general assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university.

6. The financial agents of the school funds shall be the same that, by law, receive and control the State and county revenue for other civil purposes, under such regulations as may be provided by law.

7. The money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths between the ages of five and twenty-one years, in such manner as may be provided by the general assembly.

WISCONSIN.

Occupied by fur traders in 1670. Organized as a Territory in 1836. Area, 53,924 square miles. Admittted as a State in 1848.

POPULATION.

1840........... 30,945 || 1850

.... 305, 391 || 1861..

... 775,881

Article tenth of its constitution pertains to education.

ARTICLE X.-EDUCATION.

SEC. 1. The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct. The state superin tendent shall be chosen by the qualified electors of the State, in such manner as the legislature shall provide: his powers, duties, and compensation shall be prescribed by law: Provided, That his compensation shall not exceed the sum of twelve hundred dollars annually.

2. The proceeds of all lands that have been or hereafter may be granted by the United States to this State for educational purposes, (except the lands heretofore granted for the purposes of a university,) and all moneys and the clear proceeds of all property that may accrue to the State by forfeiture or escheat, and all moneys which may be paid as an equivalent for exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, and all moneys arising from any grant to the State, where the purposes of such grant are not specified, and the five hundred thousand acres of land to which the State is entitled by the provisions of an act of Congress entitled “An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights," approved the fourth day of September, one thousand eight hundred and forty-one, and also the five per centum of the net proceeds of the public lands to which the State shall become entitled on her admission into the Union, (if Congress shall consent to such appropriation of the two grants last mentioned.) shall be set apart as a separate fund, to be called the school fund, the interest of which, and all other revenues derived from the school lands, shall be exclusively applied to the following objects, to wit:

1. To the support and maintenance of common schools in each school district, and the purchase of suitable libraries and apparatus therefor.

2. The residue shall be appropriated to the support and maintenance of academies and normal schools, and suitable libraries and apparatus therefor.

3. The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of four and twenty years; and no sectarian instruction shall be allowed therein.

4. Each town and city shall be required to raise by tax, annually, for the support of common schools therein, a sum not less than one-half the amount received by such town or city respectively for school purposes from the income of the school fund.

5. Provision shall be made by law for the distribution of the income of the school fund among the several towns and cities of the State, for the support of common schools therein, in some just proportion to the number of children and youth resident therein, between the ages of four and twenty years; and no appropriation shall be made from the school fund to any city or town, for the year in which said city or town shall fail to raise such tax, nor to any school district for the year in which a school shall not be maintained at least three months.

6. Provision shall be made by law for the establishment of a State university, at or near the seat of the State government, and for connecting with the same from time to time such colleges in different parts of the State as the interests of education may require. The proceeds of all lands that have been or may hereafter be granted by the United States to the State for the support of a univers y, shall be and remain a perpetual fund, to be called the "university fund," the interest of which shall be appropriated to the support of the State university; and no sectarian instruction shall be allowed in such university.

7. The secretary of state, treasurer, and attorney general shall constitute a board of commissioners for the sale of the school and university lands, and for the investment of the funds arising therefrom. Any two of said commissioners shall be a quorum for the transaction of all business pertaining to the duties of their office. 8. Provision shall be made by law for the sale of all school and university lands, after they shall have been appraised; and when any portion of such lands shall be sold, and the purchase money shall not be paid at the time of the sale, the commissioners shall take security by mortgage upon the land sold, for the sum remaining unpaid, with seven per cent. interest thereon, payable annually at the of fice of the treasurer. The commissioners shall be authorized to execute

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