Escheats.

Free schools.

Instruction

conducted in

English language.

District

schools.

When de

prived of pubÎic money.

Election of

regents of the university.

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.

(6.) SEC. 3. 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 primary schools.

(7.) SEC. 4. The Legislature shall, within five years from the adoption of this constitution, provide for and establish a system of primary schools, whereby a school shall be kept without charge for tuition, at least three months in each year, in every school district in the State; and all instruction in said. schools shall be conducted in the English language.

(8.) SEC. 5. A school shall be maintained in each school district at least three months in each year. Any school district neglecting to maintain such school shall be deprived for the ensuing year of its proportion of the income of the primary school fund, and of all funds arising from taxes for the support of schools.

(9.) SEC. 6. There shall be elected in the year eighteen hundred and sixty-three, at the time of the election of a Justice of the Supreme Court, eight Regents of the University, two of whom shall hold their office for two years, two for four years, two for six years, and two for eight years. They shall enter upon the duties of their office on the first of January next succeeding their election. At every regular election of a Justice of the Supreme Court thereafter, there shall be elected twoVacancy, how Regents, whose terms of office shall be eight years. When a

filled.

Regents a body corporate.

President of the university.

University interest fund.

State board of education.

vacancy shall occur in the office of Regent, it shall be filled by appointment of the Governor. The Regents thus elected shall constitute the Board of Regents of the University of Michigan. (10.) SEC. 7. The Regents of the University, and their successors in office, shall continue to constitute the body corporate known by the name and title of "The Regents of the University of Michigan."

(11.) SEC. 8. The Regents of the University shall, at their first annual meeting, or as soon thereafter as may be, elect a president of the University, who shall be ex officio a member of their board, with the privilege of speaking, but not of voting. He shall preside at the meetings of the Regents, 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 interest fund.

(12.) SEC. 9. There shall be elected at the general election in the year one thousand eight hundred and fifty-two, three members of the State Board of Education; one for two years, one for four years, and one for six years; and at each suc

ent of public

ceeding biennial election there shall be elected one member of such board, who shall hold his office for six years. The SuperintendSuperintendent of Public Instruction shall be ex officio a instruction a member and secretary of such board. The board shall have member. the general supervision of the State Normal School, and their mal school. duties shall be prescribed by law.

Care of nor

(13.) SEC. 10. Institutions for the benefit of those in- Asylums. habitants who are deaf, dumb, blind, or insane, shall always be fostered and supported.

school.

(14.) SEC. 11. The Legislature shall encourage the promo- Agricultural tion of intellectual, scientific, and agricultural improvement; and shall, as soon as practicable, provide for the establishment of an agricultural school. The legislature may appropriate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have already been sold, and any lands which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such school, and may make the same a branch of the University, for instruction in agriculture and the natural sciences connected therewith, and place the same under the supervision of the Regents of the University.

(15.) SEC. 12. The Legislature shall also provide for the Libraries. establishment of at least one library in each township and

city; and all fines assessed and collected in the several coun- Penal fines to ties and townships for any breach of the penal laws, shall be be applied to. exclusively applied to the support of such libraries, unless otherwise ordered by the township board of any township

or the board of education of any city: Provided, That in no Proviso. case shall such fines be used for other than library or school purposes.

ARTICLE XIV.

FINANCE AND TAXATION.

taxes.

(16.) SECTION 1. All specific State taxes, except those re- Specific ceived from the mining companies of the upper peninsula, shall be applied in paying the interest upon the primary school, university, and other educational funds, and the interest and principal of the State debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to educational funds, when such specific taxes shall be added to and constitute a part of the primary school interest fund. The Legislature shall provide Tax for state for an annual tax, sufficient with other resources, to pay the estimated expenses of the State government, the interest of the State debt, and such deficiency as may occur in the

resources.

expenses.

STATUTORY PROVISIONS.

Powers and duties of.

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, 1881.]

THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

(17.) § 4639. SECTION 1. The People of the State of Michigan enact, That the superintendent of public instruction shall have general supervision of public instruction and of all state institutions, other than the university, that are essentially educational in their character, and it shall be his duty, among other things, to visit the university, the agricultural college, the institution for the deaf and dumb, the school for the blind, the reform school, the reform school for girls, and the public school for dependent and neglected children, and to meet with the governing boards of each of said institutions at least once in each year. He shall also prepare annually, and transmit annual report. to the governor, to be by him transmitted to the legislature at each biennial session thereof, a report containing:

To make

Contents of.

Deputy superintendent.

First, A statement of the condition of the university and of each of the several state educational institutions, all incorporated institutions of learning, and the primary, graded, and high schools;

Second, Estimates and amounts of expenditures of all educational funds;

Third, Plans for the management of all educational funds, and for the better organization of the educational system, if, in his opinion, the same be required;

Fourth, The annual reports and accompanying documents, so far as he shall deem the same of sufficient public interest, of all state institutions of educational character;

Fifth, Abstracts of the annual reports of the school inspectors of the several townships and cities of the state;

Sixth, All such other matter relating to his office and the subject of education generally as he shall deem expedient to communicate.

As to superintendents of public instruction, see Chapter 116, C. L. 1897; Const. xiii, 1.

(18.) § 4640. SEC. 2. He may appoint a deputy superintendent of public instruction and revoke such appointment in his discretion, and such deputy shall take the constitutional oath

of office, which, with his appointment, shall be filed with the secretary of state. Said deputy may execute the duties of the Duties of. office in case of a vacancy or the absence of the superintendent.

etc.

(19.) § 4641. SEC. 3. The superintendent of public instruc- School laws to be compiled tion shall compile and cause to be printed all general laws re- and published lating to schools, together with all necessary forms, regula- with forms, tions, and instructions for conducting all proceedings under said laws, or relative to the organization and government of the schools, including rules and regulations for the management of township and district libraries, and he shall transmit the same to the several officers intrusted with the care and management of said schools.

ment of

school fund,

(20.) § 4642. SEC. 4. He shall semi-annually, on receiving Apportionnotice from the auditor general of the amounts thereof, and primary between the first and tenth days of May and November, appor- etc. tion the primary school interest fund among the several townships and cities of the state, in proportion to the number of children in each between the ages of five and twenty years, as the same shall appear by the reports of the several boards of school inspectors made to him for the school year closing prior to the May apportionment and shall prepare a statement of the amount in the aggregate payable to each county, and shall deliver the same to the auditor general, who shall Warrant for, thereupon draw his warrant upon the state treasurer in favor of the treasurer of each county for the amount payable to each county. He shall also send written notices to the clerks of the Notice to several counties of the amount in the aggregate to be dis- county clerks. bursed in their respective counties, and the amount payable to the townships and cities therein respectively.

Am. 1885, Act 202. Moiles v. Watson, 60 / 417.

how drawn.

in case of defective

(21.) § 4643. SEC. 5. Whenever the returns from any Proceedings county, township, city, or district, upon which a statement of the amount to be disbursed or paid to any such county, town- returns. ship, city, or district shall be so far defective as to render it impracticable to ascertain the share of primary school interest fund which ought to be disbursed or paid to such county, township, city, or district, he shall ascertain by the best evidence in his power the facts upon which the ratio of such apportionment shall depend, and shall make the apportionment accordingly.

ciency may be

(22.) § 4644. SEC. 6. Whenever any county, township, city, when defior district, through failure or error in making the proper re- apportioned port, shall fail to receive its share of the primary school inter- the next year. est fund, the superintendent of public instruction, upon satisfactory proof that said county, township, city, or district was justly entitled to the same, shall apportion such deficiency in his next apportionment; and whenever it shall appear to the satisfaction of said superintendent that any district has had three months' school, but failed to have the full time of school

Other duties of superintendent.

Inspectors to form districts.

May alter

boundaries of.

required by law, through no fault or negligence of the district or its officers, he may include such district in his apportionment of the primary school interest fund in his discretion.

Moiles v. Watson, 60 / 417.

(23.) § 4645. SEC. 7. The superintendent of public instruction shall perform such other duties as are or shall be required of him by law, and at the expiration of his term of office deliver to his successor all property, books, documents, maps, records, reports, and all other papers belonging to his office, or which may have been received by him for the use of his office.

FORMATION, ALTERATION, MEETINGS, AND POWERS OF DISTRICTS.

(24.) § 4646. SECTION 1. The township board of school inspectors shall divide the township into such number of school districts as may from time to time be necessary, which districts they shall number, and they may regulate and alter the boundaries of the same as circumstances shall render proper; and each district shall be composed of contiguous territory, and be in as compact a form as may be.

Am. 1901, Act 37.

On the subject of primary schools, see chapter 116, C. L. 1897. PRIMARY SCHOOL SYSTEM: The whole primary school system was confided by the constitution to the legislature and it cannot be said that the officers of school districts, chosen pursuant to the system adopted by the legislature, are constitutional officers.-Belles v. Burr, 76 / 11. The constitution of 1850 left to the legislature, as did the preceding constitution, the establishment of a system of primary schools, restricting the legislature only by providing that a school shall be kept, without charge for tuition, at least three months in each year, and that all instruction shall be conducted in the English language. All other matters seem to be within the discretion of the legislature.-Perrizo v. Kesler, 93 / 283; People v. Howlett, 94 / 168; Pingree v. Board of Education, 99 / 408. Our primary school system is the pride of the state. People v. Howlett, 94 / 169.

FORMATION OF DISTRICTS: The township board of school inspectors is authorized to divide the township into such number of school districts as they may consider necessary from time to time, and may regulate and alter the boundaries of the same as circumstances shall render proper, subject to certain restrictions.-Doxey v. Sch. Inspectors. 67/603 Brody v. Penn. Twp. Board, 32 / 273; Sch. Dist. v. Sch. Dist., 81 / 343; Simpkins v. Ward, 45 561. See Briggs v. Borden, 71 / 89-90. They may dissolve a school district and annex it to another.-People v. Davidson, 2 Doug. 121 Brewer v. Palmer, 13 / 107. When two districts are annexed without any other, change in their boundaries, the mere fact that one number is preferred to another does not change the real character of the annexation.-Brewer v. Palmer, 13 / 109. When one district is annexed to another, its corporate existence ceases and it cannot be sued for debts: the new district must be held responsible for them.-Id. But when a district is parceled out among several other districts, the latter cannot be held jointly liable for the debts of the former whatever they are bound to pay is a several and not a joint obligation. Halbert v. Sch. Dists., 36 / 421. But the inspectors cannot change a district formed by special act of the legislature.-Sch. Dist. v. Dean, 17 / 223. The organization of a new township severs its territory from the school district within which it was formerly embraced.-People v. Ryan, 19 / 203. See Section 4654.

V.

INTEREST OF INSPECTORS: Where the interest of the inspectors in the formation of a school district is no greater than that of other taxpayers and residents, they are not disqualified from acting.-Clement Everest, 29 / 19. The interest which disqualifies.-Stockwell v. White Lake Twp. Board, 22 / 341: Peninsular Ry. Co. v. Howard, 20 / 18.

QUESTIONING REGULARITY: The regularity of the proceedings for the formation of a district and the existence of it cannot be questioned collaterally, but only in direct proceedings.-Clement v. Everest, 29 / 19. See Sch. Dist. v. Inspectors, 27/3; Stuart v. Sch. Dist., 30/69; Lord v. Every, 38/405; Bird v. Perkins, 33 / 30; Stockle v. Silsbee, 41/621; Keweenaw Ass'n v. Sch.