government and the happiness of mankind, schools and the means of
education shall forever be encouraged.
[Sidenote: General Assembly shall provide for schools.]
[Sidenote: Separation of the races.]
SEC. 2. The General Assembly, at its first session under this
Constitution, shall provide by taxation and otherwise for a general and
uniform system of public schools, wherein tuition shall be free of
charge to all the children of the State between the ages of six and
twenty-one years. And the children of the white race and the children of
the colored race shall be taught in separate public schools; but there
shall be no discrimination in favor of or to the prejudice of either
race.
[Sidenote: Counties to be divided into districts.]
SEC. 3. Each county of the State shall be divided into a convenient
number of districts, in which one or more public schools shall be
maintained at least four months in every year; and if the commissioners
of any county shall fail to comply with the aforesaid requirements of
this section they shall be liable to indictment.
[Sidenote: What property shall be devoted to educational purposes.]
SEC. 4. 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 this State or the United States, also all moneys,
stocks, bonds and other property now belonging to any State fund for
purposes of education, also the net proceeds of all sales of the swamp
lands belonging to the State, and all other grants, gifts or devises
that have been or hereafter may be made to the State and not otherwise
appropriated by the State or by the terms of the grant, gift or devise,
shall be paid into the State treasury, and, together with so much of the
ordinary revenue of the State as may be by law set apart for that
purpose, shall be faithfully appropriated for establishing and
maintaining in this State a system of free public schools, and for no
other uses or purposes whatsoever.
[Sidenote: County school fund.]
[Sidenote: Proviso.]
SEC. 5. All moneys, stocks, bonds and other property belonging to a
county school fund, also the net proceeds from the sale of estrays, also
the clear proceeds of all penalties and forfeitures and of all fines
collected in the several counties for any breach of the penal or
military laws of the State, and all moneys which shall be paid by
persons as an equivalent for exemption from military duty, shall belong
to and remain in the several counties, and shall be faithfully
appropriated for establishing and maintaining free public schools in the
several counties of this State: _Provided_, that the amount collected in
each county shall be annually reported to the Superintendent of Public
Instruction.
[Sidenote: Election of trustees and provisions for maintenance of the
university.]
SEC. 6. The General Assembly shall have power to provide for the
election of trustees of the University of North Carolina, in whom, when
chosen, shall be vested all the privileges, rights, franchises and
endowments thereof in anywise granted to or conferred upon the trustees
of said University, and the General Assembly may make such provisions,
laws and regulations from time to time as may be necessary and expedient
for the maintenance and management of said University.
[Sidenote: Benefits of the university.]
SEC. 7. The General Assembly shall provide that the benefits of the
University, as far as practicable, be extended to the youth of the State
free of expense for tuition; also that all the property which has
heretofore accrued to the State or shall hereafter accrue from escheats,
unclaimed dividends or distributive shares of the estates of deceased
persons, shall be appropriated to the use of the University.
[Sidenote: Board of education.]
SEC. 8. The Governor, Lieutenant-Governor, Secretary of State,
Treasurer, Auditor, Superintendent of Public Instruction, and
Attorney-General shall constitute a State Board of Education.
[Sidenote: President and secretary.]
SEC. 9. The Governor shall be president and the Superintendent of Public
Instruction shall be secretary of the Board of Education.
[Sidenote: Power of board.]
SEC. 10. The Board of Education shall succeed to all the powers and
trusts of the president and directors of the Literary Fund of North
Carolina, and shall have full power to legislate and make all needful
rules and regulations in relation to free public schools and the
educational fund of the State; but all acts, rules and regulations of
said board may be altered, amended or repealed by the General Assembly,
and when so altered, amended or repealed the time of future meetings may
be determined by the board.
[Sidenote: First session of board.]
SEC. 11. The first session of the Board of Education shall be held at
the capital of the State within fifteen days after the organization of
the State government under this Constitution; the time of future
meetings may be determined by the board.
[Sidenote: Quorum.]
SEC. 12. A majority of the board shall constitute a quorum for the
transaction of business.
[Sidenote: Expenses.]
SEC. 13. The contingent expenses of the board shall be provided by the
General Assembly.
[Sidenote: Agricultural department.]
SEC. 14. As soon as practicable after the adoption of this Constitution
the General Assembly shall establish and maintain in connection with the
University a department of agriculture, of mechanics, of mining, and of
normal instruction.
[Sidenote: Children must attend school.]
SEC. 15. The General Assembly is hereby empowered to enact that every
child of sufficient mental and physical ability shall attend the public
schools during the period between the ages of six and eighteen years for
a term of not less than sixteen months, unless educated by other means.
ARTICLE X.
HOMESTEADS AND EXEMPTIONS.
[Sidenote: Exemption.]