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W.43 1897

LIBRARY
UNIVERSITY
OF CALIFORNIA

CONSTITUTIONAL PROVISIONS

RELATING TO THE

School System of West Virginia.

ARTICLE IV.

5. Every person elected or appointed to any office, Oath of office. before proceeding to exercise the authority, or discharge the duties thereof, shall make oath or affirmation that he will support the Constitution of the United States and the Constiution of this State, and that he will faithfully discharge the cluties of his said office to the best of his skill and judgment; and no other oath, declaration, or teșt shall be required as a qualification, unless herein otherwise provided.

6. All oficers elected or appointed under this Consti- Removal from tution, may, unless in cases herein otherwise provided office. for, be removed from office for official misconduct, incompetence, neglect of duty, or gross immorality, in such manner as may be prescribed by general laws, and unless so removed, they shall continue to discharge the duties of their respective offices, until their successors are elected, or appointed and qualified.

*

8. The Legislature, in cases not provided for in this Legislature to Constitution, shall prescribe by general laws, the terms terms of office. of oilice, powers, duties and compensation of all public officers and agents, and the manner in which they shall be elected, appointed and removed.

ARTICLE VIII.

27. Each county shall be laid off into districts, not Districts. less than three nor more than ten in number, and as nearly equal as may be in territory and population.

82753

ARTICLE IX.

County officers sub

ment.

4. The Presidents of the County Courts, the Justices ject to indict- of the Peace, Sheriffs, Prosecuting Attorneys, Clerks of

the Circuit and of the County Courts, and all other county officers, shall be subject to indictment for malfeasance, misfeasance, or neglect of official duty, and on conviction thereof, their offices shall become vacant.

I. I am inclined to the opinion that the words "all other county officers," as used in this section, include members of boards of education, aitbough they are elected in districts. This is by no means clear, however. This sectiou is in force ex proprio vigore and needs no additional legislation.Alfred Caldwell, Attorney-General.

ARTICLE X.

Capitation tax.

2. The Legislature shall levy an annual capitation tax of one dollar upon each male inhabitant of the State who has attained the age of twenty-one years, which shall be annually appropriated to the support of Free Schools. Persons afflicted with bodily infirmity may be exempted from this tax.

Power of Legislature to levy.

5. The power of taxation of the Legislature shall extend to provisions for the payment of the State debt, and interest thereon, the support of free schools, and the payment of the annual estimated expenses of the State; but whenever any deficiency in the revenue shall exist in any year, it shall, at the regular session thereof held next after the deficiency occurs, levy a tax for the ensuing year, sufficient with the other sources of income, to meet such deficiency, as well as the estimated expenses

of such year.

etc.

County taxes 7. County authorities shall never assess taxes, in any not to exceed one year, the aggregate of which shall exceed ninety

five cents per hundred dollars valuation, except for the support of free schools; payment of indebtedness existing at the time of the adoption of this Constitution; and for the payment of any indebtedness with the interest thereon, created under the succeeding section, unless such assessment, with all questions involving the increase of such aggregate, shall have been submitted to the vote of the people of the county, and have received three-fifths of all the votes cast for and against it.

See Brannon vs. County Court, 33 W. Va., p. 789, construing this section.

8. No county, city, school district, or municipal cor- Bonded in

debtedness. poration, except in cases where such corporations have already authorized their bonds to be issued, shall hereafter be allowed to become indebted, in any manner, or for any purpose, to an amount, including existing indebtedness in the aggregate, exceedling five per centum on the value of the taxable property therein to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness; nor without, at the same time providing for the collection of a direct annual tax, sufficient to pay, annually, the interest on such debt, and the principal thereof, within, and not exceeding thirty-four years; Provided, That no debt No debt except shall be contracted under this section, unless all ques- people. tions connected with the same, shall have been first submitted to a vote of the people, and received three-fifths of all the votes cast for and against the same.

ARTICLE XII.

1. The Legislature shall provide by general law, for a thorough and efficient system of Free Schools.

See 4 W. Va., p. 499.

2. The State Superintendent of Free Schools shall General

supervision have a general supervision of free schools, and perform such other duties in relation thereto as may be prescribed by law. If in the performance of any such duty imposed upon him by the Legislature, he shall incur any expenses, he shall be reimbursed therefor; Provided, The amount does not exceed five hundred dollars in any one year.

intendents.

3. The Legislature may provide for county superin-Counto supertendents, and such other officers as may be necessary to carry out the objects of this Article, and define their duties, powers and compensation.

4. The existing permanent and invested school fund, School Fuud. and all money accruing to this State from forfeited, delinquent, waste and unappropriated lands; and from lands heretofore sold for taxes and purchased by the State of Virginia, if hereafter redeemed or sold to others than this State; all grants, devises or bequests that may be made to this State for the purposes of education or where the purposes of such grants, devises or bequests are not specified; this State's just share of the literary fund of Virginia, whether paid over or otherwise liquidated; and any sums of money, stocks, or property, which this State shall have the right to claim from the

Board of the
School Fund.

State of Virginia for educational purposes the proceeds of the estates of persons who 11 die viikont leaving a will or heir, and of all esiiheutti laikls; ille proceeds of any taxes that may be levied on ilirevenues of any corporation; all money that may be pail 15:11 equivalent for exemption from military duesi anti slich surris as may, from time to time, he appropriat? by the senislaturo for the purpose, shall boast and its i senaraio fund to be called the school Find," and includer such regulation as may be resnibel by law, in the interest bearing securities of the Coiiel States, or vi this State, or if such intentilering securities cannot be obtained, then sail "school Funci sball be in vested in such other solvent iniciat bearingsfcurities as shall be approved by the Governor, Superintendent of Free Schools, Anditor and Treasurer, who are hereby constituted the “Board of the Seabool Fund,'' to mnare the same under such regulations as may be prescribed by 12w; and the interest therent shall lie annually applied to the support of Free Schools ihroughout ihe Staie", and to no other purpose whatever. Bit any portion of said interest remaining expendit the close of the fiscal year shall be added to), au remiu a purt of, ihe capital of the School Fund; That all taxes which shall be received by the rate upon delinquent lands, except the taxes due to tie state threon, shall be refunded to the county, or vii-triei ly or for which the

same were leviedl. Legislature to

5. The Legislature shall provik for the uport of free provide for Free Schools. schools, by appropriating thicret the interest of the

invested - School Panel", the proceeds of all forfeit ures and fines ueruing to this state under the laws thereof; the Siate capitation inx: by peperal taxtion of persons and property, or others. It shalo provide for raising in each count or district, by the anthority of the people thereof, sneh a plupociion of the amount required for the support of Free Schools therein as shall be prescribed by general laws.

6. The school districts into which my county is now divided shall continue until che in pursuance of law.

Levies to be reported to Cirk of

7. All levies that may be hil bany county or dis

trict for the purpare of free wlis shall be reporter County Court. to the Clerk of the County Court, and shall, iudc such

regulations as may he preceribud loy law, bo collected by the Sherili, or other collector, who shall be annual settlement with the County Couriwhich settle

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