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A. D. 1868.

taxes.

tions.

Municipal

Incorpora

Evidences of

ness.

authorized by law for some single object, to be distinctly specified therein; and no such law shall take effect until it shall have been passed by the vote of two-thirds of the members of each branch of the General Assembly, to be recorded by yeas and nays on the journals of each House respectively; and every such law shall levy a tax annually, sufficient to pay the annual interest of such debt. SECTION 8. The corporate authorities of Counties, townships, school districts, cities, towns and villages may be vested with power to assess and collect taxes for corporate purposes; such taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same. And the General Assembly shall require that all the property, except that heretofore exempted within the limits of municipal corporations, shall be taxed for the payment of debts contracted under authority of law.

SECTION 9. The General Assembly shall provide for the incorporation and organization of cities and towns, and shall restrict their powers of taxation, borrowing money, contracting debts, and loaning their credit.

SECTION 10. No scrip, certificate or other evidence of State inState indebted debtedness shall be issued except for the redemption of stock, bonds, or other evidences of indebtedness previously issued, or for such debts as are expressly authorized in this Constitution.

Receipts and expenditures.

Drafts on the

Treasury.

Fiscal year.

State bonds.

State,

ty and funds.

Coun

SECTION 11. An accurate statement of the receipts and expenditures of the public money shall be published with the laws of each regular session of the General Assembly, in such manner as may by law be directed.

SECTION 12. No money shall be drawn from the Treasury but in pursuance of appropriations made by law.

SECTION 13. The fiscal year shall commence on the first day of November in each year.

SECTION 14. Any debt contracted by the State shall be by loan on State bonds, of amounts not less than fifty dollars each, on interest, payable within twenty years after the final passage of the law authorizing such debt. A correct registry of all such bonds shall be kept by the Treasurer in numerical order, so as always to exhibit the number and amount unpaid, and to whom severally made payable.

SECTION 15. Suitable laws shall be passed by the General Asschool sembly for the safe keeping, transfer and disbursement of the State, County and school funds; and all officers and other persons charged with the same, shall keep an accurate entry of each sum received, and of each payment and transfer; and shall give such security for the faithful discharge of such duties as the General Assembly may provide. And it shall be the duty of the General Assembly

to pass laws making embezzlement of such funds a felony, punishable by fine and imprisonment proportioned to the amount of deficiency or embezzlement, and the party convicted of such felony shall be disqualified from ever holding any office of honor or emolument in this State: Provided, however, That the General Assembly, by a two-third vote, may remove the disability upon payment in full of the principal and interest of the sum embezzled.

A. D. 1868.

SECTION 16. No debt contracted by this State in behalf of the Rebel debts. late rebellion, in whole or in part, shall ever be paid.

ARTICLE X.

EDUCATION.

Superinten of Edu

cation.

SECTION 1. The supervision of public instruction shall be vested in a State Superintendent of Education, who shall be elected by the dent Supe qualified electors of the State in such manner and at such time as the other State officers are elected; his powers, duties, term of office and compensation shall be defined by the General Assembly.

SECTION 2. There shall be elected biennially in each County, by the qualified electors thereof, one School Commissioner, said Commissioners to constitute a State Board of Education, of which the State Superintendent shall, by virtue of his office, be chairman; the powers, duties and compensation of the members of said Board shall be determined by law.

School Commissioners,

SECTION 3. The General Assembly shall, as soon as practicable after the adoption of this Constitution, provide for a liberal and Free schools. uniform system of free public schools throughout the State, and shall also make provision for the division of the State into suitable school districts. There shall be kept open at least six months in

each

Compulsory

year one or more schools in each school district. SECTION 4. It shall be the duty of the General Assembly to pro- attendance. vide for the compulsory attendance, at either public or private schools, of all children between the ages of six and sixteen years, not physically or mentally disabled, for a term equivalent to twenty-four months at least: Provided, That no law to that effect shall be passed until a system of public schools has been thoroughly and completely organized, and facilities afforded to all the inhabitants of the State for the free education of their children.

SECTION 5. The General Assembly shall levy, at each regular School tax, session after the adoption of this Constitution, an annual tax on all taxable property throughout the State for the support of public schools, which tax shall be collected at the same time and by the same agents as the general State levy, and shall be paid into the Treasury of the State. There shall be assessed on all taxable polls

A. D. 1868.

Normal

School.

Blind, and dumb.

deaf

in the State an annual tax of one dollar on each poll, the proceeds of which tax shall be applied solely to educational purposes: Provided, That no person shall ever be deprived of the right of suffrage for the non-payment of said tax. No other poll or capitation tax shall be levied in the State, nor shall the amount assessed on each poll exceed the limit given in this Section. The school tax shall be distributed among the several school districts of the State, in proportion to the respective number of pupils attending the public schools. No religious sect or sects shall have exclusive right to, or control of, any part of the school funds of the State, nor shall sectarian principles be taught in the public schools.

SECTION 6. Within five years after the first regular session of the General Assembly following the adoption of this Constitution, it shall be the duty of the General Assembly to provide for the establishment and support of a State Normal School, which shall be open to all persons who may wish to. become teachers.

SECTION 7. Educational institutions for the benefit of all the blind, deaf and dumb, and such other benevolent institutions as the public good may require, shall be established and supported by the State, subject to such regulations as may be prescribed by law.

SECTION 8. Provisions shall be made by law, as soon as practicaReform ble, for the establishment and maintenance of a State Reform School for juvenile offenders.

School.

State University.

Agricultural

College.

Open to all.

School fund.

SECTION 9. The General Assembly shall provide for the maintenance of the State University, and, as soon as practicable, provide for the establishment of an Agricultural College, and shall appropriate the land given to this State, for the support of such a college, by the Act of Congress, passed July second, one thousand eight hundred and sixty-two, or the money or scrip, as the case may be, arising from the sale of said lands, or any lands which may hereafter be given or appropriated for such purpose, for the support and maintenance of such college, and may make the same a branch of the State University, for instruction in agriculture, the mechanic arts, and the natural sciences connected therewith.

SECTION 10. All the public schools, colleges and universities of this State, supported in whole or in part by the public funds, shall be free and open to all the children and youths of the State, without regard to race or color.

SECTION 11. The proceeds of all lands that have been or hereafter may be given by the United States to this State for educational purposes, and not otherwise appropriated by this State or the United States, and of all lands or other property given by individuals, or appropriated by the State for like purpose, and of all estates of de ceased persons who have died without leaving a will or heir, shall

be securely invested and sacredly preserved as a State school fund, and the annual interest and income of said fund, together with such other means as the General Assembly may provide, shall be faithfully appropriated for the purpose of establishing and maintaining free public schools, and for no other purposes or uses whatever.

ARTICLE XI.

CHARITABLE AND PENAL INSTITUTIONS.

SECTION 1. Institutions for the benefit of the insane, blind, deaf

A. D. 1869.

Charitable

and dumb, and the poor, shall always be fostered and supported by and penal inthis State, and shall be subject to such regulations as the General stitutions. Assembly may enact.

SECTION 2. The Directors of the Penitentiary shall be elected or Penitentiary. appointed, as the General Assembly may direct.

SECTION 3. The Directors of the benevolent and other State institutions, such as may be hereafter created, shall be appointed by the Governor, by and with the consent of the Senate; and upon all nominations made by the Governor, the question shall be taken by yeas and nays, and entered upon the journals.

Directors.

SECTION 4. The Governor shall have power to fill all vacancies Vacancies. that may occur in the offices aforesaid, until the next session of the General Assembly, and until a successor or successors shall be appointed and confirmed.

SECTION 5. The respective Counties of this State shall make such Poor laws. provision as may be determined by law for all those inhabitants who, by reason of age and infirmities or misfortunes, may have a claim upon the sympathy and aid of society.

SECTION 6. The physician of the Lunatic Asylum, who shall be superintendent of the same, shall be appointed by the Governor, with the advice and consent of the Senate. All other necessary officers and employees shall be appointed by the Governor.

ARTICLE XII.

CORPORATIONS.

Lunatic

Asylum.

SECTION 1. Corporations may be formed under general laws; but Corporations. all such laws may from time to time be altered or repealed.

SECTION 2. The property of corporations now existing, or here- Taxation of. after created, shall be subject to taxation, except in cases otherwise

provided for in this Constitution.

SECTION 3. No right of way shall be appropriated to the use of Right of way any corporation until full compensation therefor shall be first made,

or secured by a deposit of money to the owner, irrespective of any

A. D. 1868.

Debts.

sponsibility.

benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury of twelve men, in a Court of record, as shall be prescribed by law.

SECTION 4. Dues from corporations shall be secured by such individual liability of the stockholders and other means as may be prescribed by law.

SECTION 5. All general laws and special Acts passed pursuant Personal re- to this Section shall make provisions therein for fixing the personal liability of stockholders under proper limitations; and shall prevent and punish fraudulent misrepresentations as to the capital, property and resources of such corporations; and shall also regulate the public use of all franchises which have heretofore been, or hereafter may be, created or granted by or under the authority of this State, and shall limit all tolls, imposts, and other charges and demands under such laws.

Banking cor

porations.

Militia.

May

called out.

SECTION 6. The General Assembly shall grant no charter for banking purposes, nor renew any banking corporations now in existence, except upon the condition that the stockholders shall be liable to the amout of their respective share or shares of stock in such banking institution, for all its debts and liabilities, upon note, bill, or otherwise; and upon the further condition that no Director or other officer of said corporation shall borrow any money from said corporation; and if any Director or other officer shall be convicted, upon indictment, of directly or indirectly violating this Section, he shall be punished by fine or imprisonment, at the discretion of the Court. The books, papers and accounts of all banks shall be open to inspection, under such regulations as may be prescribed by law.

ARTICLE XIII.

MILITIA.

SECTION 1. The inilitia of this State shall consist of all ablebodied male citizens of the State between the ages of eighteen and forty-five years, except such persons as are now, or may hereafter be, exempted by the laws of the United States, or who may be adverse to bearing arms, as provided for in this Constitution; and shall be organized, armed, equipped and disciplined as the General Assembly may by law provide.

SECTION 2. The Governor shall have power to call out the militia be to execute the laws, repel invasion, repress insurrection, and preserve the public peace.

Adjutant

SECTION 3. There shall be an Adjutant and Inspector General and Inspector elected by the qualified electors of the State, at the same time and in the same manner as other State officers, who shall rank as a

General.

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