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granted by Congress on the sale of lands in this state, shall be the common property of the state, and shall be a perpetual school fund, which shall not be diminished, but the interest of which, together with all the rents of the lands, and such other means as the legislature may provide by tax or otherwise, shall be inviolably appropriated to the support of common schools.

[180] SEC. 4. The income of the state school funds shall be disbursed annually, by order of the state superintendent, to the several county treasurers, and thence to the treasurers of the several school districts, in equitable proportion to the number of children and youth resident therein, between the ages of five and twenty-one years; provided, that no school district in which a common school has not been maintained at least three months in each year shall be entitled to receive any portion of such funds.

[181] SEC. 5. The school lands shall not be sold unless such sale shall be authorized by a vote of the people at a general election; but, subject to revaluation every five years, they may be leased for any number of years not exceeding twenty-five, at a rate established by law.

[182] SEC. 6. All money which shall be paid by persons as an equivalent for exemption from military duty; the clear proceeds of estrays, ownership of which shall vest in the taker-up, and the proceeds of fines for any breach of the penal laws, shall be exclusively applied in the several counties in which the money is paid or fines collected, to the support of common schools.

[183] SEC. 7. Provision shall be made by law for the establishment, at some eligible and central point, of a state university, for the promotion of literature and the arts and sciences, including a normal and an agricultural department. All funds arising from the sale or rents of lands granted by the United States to the state for the support of a state university, and all other grants, donations, or bequests, either by the state or by individuals, for such purpose, shall remain a perpetual fund, to be called the "University fund"; the interest of which shall be appropriated to the support of the state university.

[184] SEC. 8. No religious sect or sects shall ever control any part of the common-school or university funds of the state.

[185] SEC. 9. The state superintendent of public instruction, secretary of state and attorney-general shall constitute a board of commissioners for the management and investment of the school funds. Any two of said commissioners shall be a quorum.

(Constitution ratified by the people October 4, 1859.)



[264] SECTION 3. First: That sections numbered 16 and 36, in every township of public lands in said state, and where either of said sections or any part thereof has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as may be, shall be granted to said state for the use of schools.

Second: That seventy-two sections of land shall be set apart and reserved for the use and support of a state university, to be selected by the governor of said state, subject to the approval of the commissioner of the general land office, and to be appropriated and applied in such manner as the legislature of said state may prescribe for the purpose aforesaid, but for no other purpose.

Approved January 29, 1861.



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NOTE. The figures enclosed in brackets, thus [7631], refer to the paragraph numbers in the General Statutes of 1909; the section numbers, beginning on this page, are in consecutive order, for convenience of reference to the School Laws of 1915. For example: If it is desired to quote a section of the law, reference should be stated thus: "Section, School Laws of 1915; section, General Statutes of 1909." Official opinions will be found in the notes at the bottom of the pages.

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SECTION 1. School-district Bonds. [7631] That for the purpose of erecting or purchasing one or more schoolhouses in and for any school district in the state of Kansas, the board of directors of the same shall have power to issue the bonds of the district in an amount not to exceed one and one-half per cent of its taxable property, as shown in the last assessment thereof; provided, that this limitation shall not apply to bonds heretofore legally voted. And for the purpose of extending the time of payment of the bonded indebtedness of any school district, the board of directors of the same shall have power to issue the bonds of the district in a sum not to exceed in amount its outstanding bonded indebtedness; provided, that no such bonds shall be issued until at an election1 called for that purpose the question shall have been submitted to the qualified electors of the district, and a majority of all the qualified electors voting on the proposition shall have declared by

3. Bonds issued to pay indebtedness already contracted are illegal. School-district bonds can not be issued except for the purpose of erecting or purchasing one or more schoolhouses. An addition to a schoolhouse is included in the term "erecting or purchasing one or more schoolhouses," and bonds may be voted legally for this purpose.

4. The Australian ballot law does not apply to school-bond elections.

their ballots in favor of issuing the same; and provided further, that no such election shall be ordered unless a petition, stating the purpose for which the bonds are to be issued, and signed by at least one-third of the qualified electors of said district, shall have been presented to the district board praying that a vote be taken for the issuing of such amount of bonds as may be asked for therein; and provided further, that it shall be unlawful for any school district to create any bonded indebtedness unless there are at least fifteen persons between the ages of five and twenty-one years actually residing within the limits thereof, as shown by a sworn census return, taken by the direction of the board of directors of such school district. (Laws 1909, ch. 62, sec. 4.)

SEC. 2. Election. [7632] Whenever such a petition, so signed, shall be presented to the board of directors of any school district, praying that a vote be taken on the question of issuing the bonds of the said district, it shall be the duty of the district board immediately to order an election for the purpose of determining the question of the issuing of bonds as prayed for, and forthwith to give notice, by posting written or printed notices, signed by the clerk, in five of the most public places in the district, which notices shall be posted up at least ten days before such election, and shall state therein the object for which the election was called and the manner in which the question shall be voted upon. That said election shall be conducted in all respects as are general elections under the laws of the state, except that females of the age of twentyone years shall be entitled to vote at all such elections, subject only to the exceptions applied to males; and the returns of the


5. Build Schoolhouse. School districts having less than fifteen children of school age within their limits are, by the terms of the law providing for the issuance of school-district bonds, prohibited and debarred from raising funds for the building or purchase of schoolhouses by the issuance of school-district bonds. Such school districts can provide funds for the building of schoolhouses by issuing school-district warrants, to the extent and within the limitation of section 7407, General Statutes of 1909 (section 285 of this book), but not otherwise. It is within the power of school districts, under said section, to vote a tax annually, not exceeding four and one-half mills on the taxable property in the district, for school purposes, and to distribute such portion of the amount of such tax as the school meeting shall deem proper for the purpose of building, hiring or purchasing a schoolhouse for the district. Beyond this the district can not go. School warrants for building schoolhouses can not be issued in excess of the amount authorized by law, upon the expectation that in subsequent years the school district will provide funds for the payment of the same by taxation.

6. Ten days should intervene between the date of posting the election notices and the day of the election, without counting either of the two dates.

7. The utmost care should be had in complying with the law in every detail; otherwise the bonds may be invalid or their sale affected by their unfavorable history.

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