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lands or other property given by individuals or appropriated 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. Escheats. (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. Free 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 Instruction conducted in in every school district in the State, and all instruction in English language.

said schools shall be conducted in the English language. District

(8.) Sec. 5. A school shall be maintained in each school schools.

district at least three months in each year. Any school disWhen de- trict neglecting to maintain such school shall be deprived, for public inoney. the ensuing year, of its proportion of the income of the primary

school fund and of all funds arising from taxes for the sup

port of schools. Election of (9.) Sec. 6. There shall be elected in the year eighteen regents of the 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 two Regents whose terms of office shall be eight years. Vacancy, When a vacancy shall occur in the office of Regent, it shall how filled.

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 body corpo

successors in office shall continue to constitute the body corporate, known by the name and title of “The Regents of the

University of Michigan." President (11.) SEC. 8. The Regents of the University shall, at their university.

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 vot

ing. He shall preside at the meetings of the Regents ind University be the principal executive officer of the University. The interest fund.

Board of Regents shall have the general supervision of the
University, and the direction and control of all expenditures

from the University interest fund. State board of (12.) SEC. 9. There shall be elected at the general election education.

in the year one thousand eight hundred and tifty-two three members of the State Board of Education: one for two years,

Regents a


of the


one for four years, and one for six years; and at each succeeding 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 : member and secretary of such board. The board shall have member. the general supervision of the State Normal School, and their duties shall be prescribed by law.

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

(14.) SEC. 11. The Legislature shall encourage the pro- Agricultural motion of intellectual, scientific and agricultural iniprovement; 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 been already sold, and any land 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.



(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 for Tax for State 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.





An Act to revise and consolidate the laws relating to public instruc

tion and primary schools, and to repeal all statutes and acts contravening the provisions of this act.

(Act 164, 1881.)


vision of


(17.) § 4639. SECTION 1. The Superintendent of Public supervision of Instruction shall have general supervision of public instrucinstitutions. tion and of all State institutions other than the University that Duty of.

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 State Industrial School for Boys, the State Industrial Home for Girls, and the State Public School for Dependent and Neglected Children, and to meet with the

governing boards of said institutions at least once in each Have super- year. He shall have supervision of all county normal training normal train

classes and may prescribe general rules for their management. ing classes.

In his supervision of the public schools it shall be his duty to require boards of education to observe the laws relating to schools and to compel such observance by appropriate legal

proceedings instituted in courts of competent jurisdiction by May examine direction of the Attorney General. He may examine and audit and audit

the official records and accounts of any school district and reRequire

quire corrections thereof when necessary. It shall be his duty

to require all school districts to maintain school for at least maintain

the statutory period and to provide educational facilities for When may re- all children resident in such district. The Superintendent of

Public Instruction may request the Governor to remove from office any county commissioner of schools or member of board of school examiners when he shall be satisfied from sufficient evidence submitted to him that said officer does not possess the qualifications required by law entitling him to hold the office, or when he is incompetent to execute properly the

duties of his office, or has been guilty of official misFile statement conduct, or of wilful neglect of duty, or of drunkenness. In of charges.

case said superintendent shall determine that the charges submitted to him are well founded he shall file with the Governor

accounts, etc.

districts to


quest removal of certain officers.


to contain

a statement that he believes the charges to be true and that in his opinion the case demands investigation, which statement shall take the place of the statement of the prosecuting attorney of the county in which said officer is acting; whereupon the Governor shall proceed to investigate the case as the statute provides. Said superintendent shall also prepare annually, File annual and transmit to the Governor, to be by him transmitted to the legislature at each biennial session thereof, a report containing:

First, A statement of the condition of the University and Report, what 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.

Am. 1905, Act 72.

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

(18.) § 4640. Sec. 2. He may appoint a deputy superin- Deputy super

intendent. tendent 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 Duties of. the office in case of a vacancy or the absence of the superintendent.

(19.) § 4641. Sec. 3. The superintendent of public in. May prepare struction may prepare and have printed general rules and reg- management ulations for the management of township and district libra- of libraries. ries, a general course of study for the schools of the State, and he shall transmit all these documents to the several school officers entrusted with the care and management of the public schools.

Am. 1905, Act 72.

(20.) § 4642. Sec. 4. He shall semi-annually, on receiv- Apportioning notice from the auditor general of the amounts thereof, primary

school fund, and between the first and tenth days of May and November, apportion 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,


Warrant for, how drawn.

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, anel shall deliver the same to the auditor general, who shall 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 several counties of the amount in the aggregate to be disbursed in their respective counties, and the amount payable to the townships and cities therein respectively.

Moiles v. Watson, 60 / 417.

Notice to county clerks.

Proceedings in case of defective returns.

When defi

(21.) § 4643. Sec. 5. Whenever the returns from any county, township, city, or district, upon which a statement of the amount to be disbursed or paid to any such county, town. 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, town ship, 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 accord ingly.

(22.) § 4644. Sec. 6. Whenever any county, township. ciency may be apportioned

city, or district, through failure or error in making the proper the next year. report, shall fail to receive its share of the primary school in

terest 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 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. Other duties (23.) § 4645. Sec. 7. The Superintendent of Public Inof superintendent. struction shall perform such other duties as are or shall be re

quired 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.



Inspectors to form districts.

(24.) § 4646. SECTION 1. The township board of schoo] inspectors shall divide the township into such number of school districts as may from time to time be necessary, which dis

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