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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.
Section 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.
Section 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.
Section 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.
Section 6. Provision shall be made by law for the establishment of a State university, at or near the seat of 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 university, 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.
Section 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.
Section 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 lands sold for the sum remaining unpaid, with seven per cent. interest thereon, payable annually at the office of the treasurer. The commissioners shall be authorized to execute a good and sufficient conveyance to all pur
chasers of such lands, and to discharge any mortgages taken as security when the sum due thereon shall have been paid. The commissioners shall have power to withhold from sale any portion of such lands when they shall deem it expedient, and shall invest all moneys arising from the sale of such lands, as well as all other university and school funds, in such manner as the legislature shall provide, and shall give such security for the faithful performance of their duties as may be required by law.
Section 1. Corporations, without banking powers or privileges, may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the legislature, the objects of the corporation cannot be attained under general laws. All general laws, or special acts, enacted under the provisions of this section, may be altered or repealed by the legislature at any time after their passage.
Section 2. No municipal corporation shall take private property for public use, against the consent of the owner, without the necessity therefor being first established by the verdict of a jury.
Section 3. It shall be the duty of the legislature, and they are hereby empowered, to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and taxation, and in contracting debts by such municipal corporations.
Section 4. The legislature shall not have power to create, authorize, or incorporate, by any general or special law, any bank or banking power or privilege, or any institution or corporation having any banking power or privilege whatever, except as provided in this article.
Section 5. The legislature may submit to the voters, at any general election, the question of bank,” or “no bank; and if, at any such election, a number of votes equal to a majority of all the votes cast at such election on that subject, shall be in favor of banks, then the legislature shall have power to grant bank charters, or to pass a general banking law, with such restrictions, and under such regulations as they may deem expedient and proper for the security of the bill-holders. Provided, That no such grant or law shall have any force or effect until the same shall have been submitted to a vote of the electors of the State, at some general election, and been approved by a majority of the votes cast on that subject at such election.
Section 1. Any amendment or amendments to this constitution may be proposed in either house of the legislature, and, if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and 'nays taken thereon, and referred to the legislature to be chosen at the next general election, and shall be published for three months previous to the time of holding such election; and if, in the legislature so next chosen, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people, in such manner and at such time, as the legislature shall prescribe; and, if the people shall approve and ratify such amendment or amendments, by a majority of the electors voting thereon, such amendment or amendments shall become part of the constitution: Provided, That, if more than one amendment be submitted, they shall be submitted in such manner that the people may vote for or against such amendments separately.
Section 2. If, at any time, a majority of the senate and assembly shall deem it necessary to call a convention to revise or change this constitution, they shall recommend to the electors to vote for or against a convention at the next election for members of the legislature. And, if it shall appear that a majority of the electors voting thereon, have voted for a convention, the legislature shall, at its next session, provide for calling such convention.
Section 1. The political year, for the State of Wisconsin, shall commence on the first Monday in January, in each year, and the general election shall be holden on the Tuesday succeeding the first Monday in November in each year.
Section 2. Any inhabitant of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessory, shall forever be disqualified as an elector, and from holding any office under the constitution and laws of this State, and may be punished in such other manner as shall be prescribed by law.
Section 3. No member of Congress, nor any person holding any office of profit or trust under the United States, (postmasters excepted,) or under any foreign power, no person convicted of any infamous crime in any court within the United States, and no person being a defaulter to the United States, or to this State, or to any county or town therein, or to any State or Territory within the
United States, shall be eligible to any office of trust, profit, or honor, in this State.
Section 4. It shall be the duty of the legislature to provide a great seal for the State, which shall be kept by the Secretary of Štate, and all official acts of the governor, his approbation of the laws excepted, shall be thereby authenticated.
Section 5. All persons residing upon Indian lands, within any county of the State, and qualified to exercise the right of suffrage under this constitution, shall be entitled to vote at the polls which may be held nearest their residence, for State, United States, or county officers: Provided, That no person shall vote for county officers out of the county in which he resides.
Section 6. The elective officers of the legislature, other than the presiding officers, shall be a chief clerk and a sergeant-at-arms, to be elected by each house. Section 7. No county with an area of nine hundred
hundred square miles, or less, shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county, voting on the question, shall vote for the same.
Section 8. Nó county seat shall be removed until the point to which it is proposed to be removed shall be fixed by law, and a majority of the voters of the county, voting on the question, shall have voted in favor of its removal to such point.
Section 9. All county officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties, or appointed by the boards of supervisors, or other county authorities, as the legislature shall direct. All city, town, and village officers, whose election or appointment is not provided for by this constitution, shall be elected by the electors of such cities, towns, and villages, or of some division thereof, or appointed by such authorities thereof, as the legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the legislature may direct.
Section 10. The legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy, where no provision is made for that purpose in this constitution.
Section 1. That no inconvenience may arise by reason of a change from a territorial to a permanent State government, it is declared, that all rights, actions, prosecutions, judgments, claims and contracts, as well of individuals as of bodies corporate, shall continye as if no such change had taken place; and all process which may be issued under the authority of the Territory of Wisconsin, pre
vious to its admission into the Union of the United States, shall be as valid as if issued in the name of the State.
Section 2. All laws now in force in the Territory of Wisconsin, which are not repugnant to this constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the legislature.
Section 3. All fines, penalties, or forfeitures, accruing to the Territory of Wisconsin, shall enure to the use of the State.
Section 4. All recognizances heretofore taken, or which may be taken before the change from territorial to a permanent State government, shall remain valid, and shall pass to, and may be prosecuted in the name of the State; and all bonds executed to the governor of the Territory, or to any other officer or court, in his, or their official capacity, shall pass to the governor or State authority, and their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly; and all the estate, or property, real, personal, or mixed, and all judgments, bonds, specialties, choses in action, and claims or debts of whatsoever description of the Territory of Wisconsin, shall enure to, and vest in the State of Wisconsin, and may be sued for and recovered in the same manner and to the same extent by the State of Wisconsin, as the same could have been by the Territory of Wisconsin. All. criminal prosecutions and penal actions which may have arisen, or which may arise, before the change from a territorial to a State government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the State. All offences committed against the laws of the Territory of Wisconsin, before the change from a territorial to a State government, and which shall not be prosecuted before such change, may be prosecuted in the name, and by the authority, of the State of Wisconsin, with like effect as though such change had not taken place; and all penalties incurred shall remain the same as if this constitution had not been adopted. All actions at law, and suits in equity, which may be pending in any of the courts of the Territory of Wisconsin, at the time of the change from a territorial to a State government, may be continued and transferred to any court of the Štate, which shall have jurisdiction of the subject matter thereof.
Section 5. All officers, civil or military, now holding their offices under the authority of the United States, or of the Territory of Wisconsin, shall continue to hold and exercise their respective offices, until they shall be superseded by the authority of the State.
Section 6. The first session of the legislature of the State of Wisconsin, shall commence on the first Monday in June next, and shall be held at the village of Madison, which shall be and remain the seat of government, until otherwise provided by law.
Section 7. All county, precinct, and township officers, shall continue to hold their respective offices, unless removed by the competent authority, until the legislature shall, in conformity with the provisions of this constitution, provide for the holding of elections to fill such offices respectively.
Section 8. The president of this convention shall, immediately