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and repair a school house came within the authority granted by statute to raise money" for erecting and repairing school houses.”

Bump v. State, 4 (N. H.), 48. Taxation to support high schools and normal schools has been declared proper and lawful unless absolutely restricted by the constitution.

Stuart v. School District, 30 Mich., 69.
Report U. S. Com'r Ed. for 1876-7.
Richards v. Raymond, Supt. Court of Illinois, Nov. 10, 1879.
Chicago Legal News, Vol. 12, No. 11.
Merrick and others v. Inhabitants ef Newburyport, 10 Metcalf

(Mass.), 508.
Briggs et al. v. Johnson County, Mo., 4 Dillon C. C. R., 148.
Commonwealth v. Dedham, 16 Mass., 141.
Commonwealth v. Sheffield, ii Cush (Mass.), 178.

Jenkins v. Andover, 103 Mass., 94. In a Massachusetts case it was decided that money raised for the support of a female high school for the purpose of teaching book-keeping, algebra, geometry, history, rhetoric, mental, moral and natural philosophy, botany, the Latin and French languages, was lawfully raised by taxation.

10 Metcalf (Mass.), 508. Because a constitution expressly names free schools and a university, and does not name normal schools, is no constitutional reason against taxation to establish normal schools.

Briggs v. Johnson County, 4 Dill., C. C. R., 148.


Sec. 6932. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this state, and not otherwise appropriated by the United States or this state; also all moneys, stocks, bonds, lands and other property now belonging to any fund for purposes of education ; also the net proceeds of all sales of lands and other property and effects that may accrue to this state by escheat, or from sales of estrays, or from unclaimed dividends, or distributive shares of the estates of deceased persons; also any proceeds of the sale of public lands which may have been, or may be hereafter, paid over to the state (congress consenting); also ten per cent of the net proceeds of the sales of all state lands; also all the grants, gifts or devises that have been or hereafter may be made to this state, and not otherwise appropriated by the tenure of the grant, gift or devise, shall be securely invested and sacredly preserved as a public school fund that shall be designated as the “common school fund” of the state, and which shall be the common property of the state, except the proceeds arising from the sale or lease of the sixteenteen section (a). Act December 7, 1875, sec. I.

Sec. 6933. The county courts of the various counties are authorized and empowered to place to the credit of the common school fund of the county, any and all school funds that may be in the county treasury, derived from various sources, and about which there is any doubt as to their proper application with the county court, and that said school funds, when so placed to the credit of the common school fund, shall be, by said county courts, apportioned among the school districts of the county as is now provided by law.

Sec. 6934. The principal arising from the sale of the sixteenth section of land shall never be apportioned or used.

Sec. 6935. Should any of the funds mentioned in this act arise from the sale of said sixteenth section of land and there should be any doubt as to the township from whence it came, then such townships as have not disposed of the sixteenth section of land, or may have disposed of the same and have the proceeds placed to their credit, shall not be entitled to any part of the interest arising from said doubtful sixteenth section fund. Act March 13, 1885, secs. 1, 2.

Sec. 6936. The annual income from the said fund, together with one dollar per capita to be annually assessed on every male inhabitant over the age of twenty-one years, and so much of the ordinary annual revenues of the state as may hereafter be set apart by law for such purposes, shall be

(a) No money or property belonging to the public school fund, or to this state, for the benefit of schools or universities, shall ever be used for any

other than for the respective purposes to which it belongs. Art. 14, sec. 2, Const.

faithfully appropriated for maintaining a system of free common schools for this state, and shall be appropriated to no other purpose whatever. Act December 7, 1875, sec. 2.

Sec. 6937. The state auditor shall, on requisition from the state superintendent of public instruction, draw warrants on the state treasurer for payment to the several county treasurers of the school revenues due their respective counties.

Sec. 6938. The per capita tax levied by the general revenue laws of the state shall be collected by the county collector at the same time and place that the state taxes are collected, and be paid in the county treasury on or before the first day of July of each year, in the presence of the county conrt clerk, who shall make a record of the same as a revenue for the support of common schools (6). Ib., secs. 31 and 32.

Sec. 6939. In the payment of debts by executors and administrators, the debts due the common school fund shall have a preference over all other debts, except funeral and other expenses attending the last sickness.

Sec. 6940. No justice of the peace, constable, clerk of a court or sheriff shall charge any costs in any suit where the collector or any other officer sues for the recovery of any money due to the common school fund, if the plaintiff in such cause is unsuccessful. Act January 11, 1853, secs. 50

and 55


Sec. 6941. The secretary of state, auditor and state superintendent of public instruction shall constitute a board of commissioners of the common school fund, and shall meet semi-annually at the office of said superintendent on the first Monday in February and on the first Monday in August in each year. Provided, The secretary of state may

(6.) The penalty collected for the non-payment of taxes on personal prop-.. erty is to be paid into the county school fund. See sec. 6589.

assemble the members of said board any time at his discretion.

Sec. 6942. The secretary of state shall be president of said board and shall sign the journal of each day's proceedings. Act Dec. 7, 1875, secs. 3, 4, as amended by act April 10, 1893.

Sec. 6943. The superintendent of public instruction shall act as secretary of the said board, and shall keep a faithful, correct record of the proceedings, and shall keep the said record open at all times for inspection. A copy of said record, certified by the secretary of the board, shall be in all cases received as evidence equal with the original.

Sec. 6944. The said board of school commissioners shall have the management and investment of the common school fund belonging to the state, and shall from time to time, as the same may accumulate, securely invest the said funds in bonds of the United States or the state of Arkansas.

Sec. 6945. That all moneys required by law to be paid into the treasury to the credit of the common school fund may, if the same be not paid within thirty days after they shall have become due and payable, be recovered, with interest due thereon, by action in any court having jurisdiction; and such action shall be prosecuted by the attorney general of the state, or by the prosecuting attorney of any judicial district within this state, when directed by the said board.*

Sec. 6946. All moneys belonging or owing to the com mon school fund, as mentioned in section 6932, or accruing as revenues therefrom, together with the state school tax, shall be paid directly into the state treasury, and shall not be paid out except on the warrant of the auditor. Act December 7, 1875, secs. 5-8.

Sec. 6947. The state auditor shall be the accountant of said board, and shall, annually, on the first Monday in Oc

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*See Orr v. State, 56-107.

tober, transmit to the governor and to the superintendent of public instruction a report of the condition of the school fund on the ist day of July last preceding, with an abstract of the accounts thereof in his office.

SEC. 6948. The auditor shall, under the direction of the board of commissioners, draw warrants on the state treasurer for the payment of all or any portion of the common school fund belonging to the state, for the purchase of bonds or other securities in which the same is by law invested.

Sec. 6949. The state treasurer shall, by virtue of such warrant, pay from the uninvested common school fund the purchase money for said securities, and shall receive and deposit the same in the state treasury for safe-keeping, and receipt to the president of the board of commissioners for the kind and amount of such securities.

Sec. 6950. The said board shall, at their semi-annual meeting, settle with the state treasurer all accounts of the common school fund not before settled. 16., secs. 9-12.


Sec. 6951. The supervision of public schools, and the execution of the laws regulating the same, shall be vested in and confided to such officers as may be provided for by the general assembly. Art. 14, sec. 4, Const.


Sec. 6952. At the next general election, and every two years thereafter, there shall be elected a state superintendent of public instruction, by the qualified electors of this state, as state officers are now elected.

Sec. 6953. · Before entering upon the duties of his office, he shall take and subscribe the oath prescribed for officers by the constitution of this state, and shall file such oath with the secretary of state.

Sec. 6954. The superintendent of public instruction shall

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