The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-02-14

purposes are OF right the property Of said cour
ties respectively 10 which they are s.rauted
and title thereto is vested in said county; an
I no adverse posses ion or limitation shall eve
be available against the title of any county.
Each county may sell or dispose of its land
in whole or in part in manner 10 be provide,
by the commissioners court of the counts
Actual settlers residing on said land shall b.
protected in the prior right of purchasing III
same TO the extent Of their settlement, not t
exceed leo acres, at the price fixed by SaiC
court, which price shall not include the valu,
OF existing improvements made thereon b!
such settlers, said lands and the proceed!
thereof when sold. shall be held by said coun
ties alone rs a trust for the benefit of public
schools therein, said proceeds TO be inv Stea II
| bonds OF the United States, the state GI Texas
or counties in said state, or in such other Secu
| rites and under such restrictions as may
be prescribed by law, and the countie:
| shall be responsible for all inves tmentS the
interest thereon and other reven e. except the
principal, shall be the available fund.
SECTION 7-ARTICLE7.
| Separate schools shall be provided for the
white and colOred children and impartial pro-
vision shall he made for both.
SECTION S-ARTICLE I.
The governor; comptroller and secretary of
state snail constitute Il board of education,
who shall distribute said funds to the several
counties and perform such other duties con
eernlng public schools as May be prescribed by
law.
Sec. p One fourth of all occupation taxes
and the one dollar poll tax levied and collected
for the use of public free schools, exclusive of
the delinquencieS ana costs of collection, the
interest arising from any bonds or funds be-
longing TO the permanent School fund and all
the interests derivable from the proceeds of
sale of land heretofore set apart for the per-
manent school fund which have hitherto or
may hereafter come into the state treasury, all
moneys arising from the lease of school lands
and such an amount OF state tax, not to exceed
twenty cents on the hundred dollars valuation
OF property as may be from time to tinie levied
by the legislature, shall constitute the aYaila-
bic school fund which shall be appOrtiOned an
nually to the several counties of this state ac-
cOrding to the scholastic population of each
for the support and maintenance OF the publ C
free schools.
Sec. 8. NOpart of the public school fund
shall be appropriated or used for the support
of any sectarian school,
Sec. 1. All available public school nd of
this state shall be appropriated il each county
for the education alike OF white and cOlOred
children, and each race shall receive its just pro
rata according to scholastic census.
Sec. 5. All children without regard to color,
between the ages of eight and sixteen years of
age shall be entitled to the benefit of the public
school fund.
Sec. 6. The scholastic year shall commence
on the first day of September each year, and
END on the 3lst day of August thereafter.
Sec. !. The children of the white and colored
races shall be taught In separate schools and
in no case shall any school consisting partly of
white and partly of colOred children receive
any aid from the public school fund.
sec. 8. The terms cOlOred race and cOlOred
children as used in the preceding sections and
elsewhere in this act, include all persons of
mixed blood, descended from negro ancestry
to the third generation inclusive although one
ancestor of each generation may have been a
white person.
Sec. 9. All conveyances, devises and be-
quests of property for the REM fit of the puolic
schools made by any one for any county, city,
town, district or community, SHALL when not
otherwise directed 10y, the grantor or deviSor,
vest said property in the county Judge of the
county, or the mayor of the city or town, or the
trustees of the school district or cOnlmun ty
and their successors in office as the trustees
for those to be benefited thereby and the same
when not otherwise directed, be administered
by sail officers under such rules as may be eS-
tabliShed by the state superintendent.
See. 10. Public schools shall be taught for
five days in each week, schools to be closed on
such holidays as may be agreed on by the truS-
tees. A school month shall consist of not less
than twenty days, exclusive of given holidays,
and the public schools shall be taught for not
less Than seven hours each day, including i'll
termlSSiOnS and receSSeS.
Sec. II. The governor, secretary of state and
comptroller shall constitute D state board of
educat on who shall hold their sessions at the
seat of government. The governor shall be
eX otficiO president of the board and a majority
of the members shall constitute a quorum for
the transaction of business.
Sec. II. There shall be elected at each gene
raj election for state and county officers,
shall hold his office for term of two years
and until his successor is elected
and qualified. and shall rece We, an an
nua salary of twenty-five hundred dollars
and may appoint one clerk at an annual salary
of $780, both payable out of the available
school fund. The superintendent shall take
the oath of office present. ed by the constitu-
ton and shall perform such duties as may be
prescribed by law. Appeals shall always lie
from the rulings of the state superintendent to
the state board of education. Any person
elected state superintendent of public instruc-
ton shall not curing his term of Office and for
four years thereafter be eligible to election to
any other state Office.
Sec. 10. The superintendent of public in
structiOn shall be charged with the admins
tratiOn of the school law and a general super
intendency of the business relating to the pub
lie schools of the state, he shall hear and de-
termine all APP ealS from the rulings and de-
ciSiOnS of subordinate school officers, ana all
such officers and teachers shall! conform to his
decision, unless they are reversed by the
state board of education. He shall prescribe
suitable forms for reports required OF subordl-
nate school officers and teachers, and blanks
for their guidance in transactlng their official
business and conducting public schools, and
shall from time to time prepare and transmit
to them such Instructions as he may deem nee
essary tor the faithful and efficient execution
of the school laws and by whatsoever Is so
communicated to them shall they be bound to
govern themselves in the discharge of their
official duties. He shall examine and approve
all accounts of whatsoever kind against the
school fund that are to be paid by the state
treasurer and upon such approval the comp
trOller shall be authorized to draw his war
acc, Il. The state superintendent shall file
all reports, documents and papers transmitted
to him, and the state board of education, by
county or city school officers and from all other
sources pertaining to puUlic schools and keep
a complete index of the same.
Sec. 10. The state superintendent shall ad-
wise ard counsel with the school officers of the
counties, cities, towns, school districts and
communities as to the best methods OF con-
Quoting the public schools, and shall be EN-
NOV IN inG
binding for observance on all officers and
teachers in all cases wherein the provision OF
the school law may require Interpretation IN
order to carry out the designs expressed there
in. Also in cases that may arise in which the
law has made no provision and where neceS-
Sity requires some rule in order that there
may be no hardShipS to individuals and no de-
lays or Inconvenience in the management OF
school affairs.
Sec. 16. He shall, after the close of the pres
ent session of the legislature, cause to be
printed in pamphlet form, for general dist ibu-
ton, fifteen thousand copies or more, II needed,
of the school laws.
Sec. II. The state superintendent shall re-
quire OF county, city and town superintendents
and other school officers and teachers such re-
ports relating to the school fund and other
school affairs as he may deem proper for col
lecting information and advancing the inter
ests of the public schools, and shall furnish to
county, city and town superintendent, for the
u:e of such officers and teachers the necessary
blanks and forms for making such reports and
carrying out such instructions as may be re-
qured Of them.
Sec Is. The state superintendent shall, one
month before the meeting OF each regular SeS-
sion of the legislature, and ten days prior to
any special session thereof, at which, under the
governors proclamation converting the same,
any legislation may be had respecting the pub
lie schools, make full report to the board OF
education of the condition of the public schools
throughout the state. Such reports shall give
all the information called for by the board OF
education and shall contain such other matter
as the state superintendent shall deem I'M
portant.
Sec. 10. The governor shall lay such reports
Sec. 20 Eleven hundred copies of said re-
port shall be printed in pamphlet form for
the use of the legislature, aud for distribution
among the various school officers and libraries
within the state and the superintendent of
public schools of other states and territories OF
the United States and Canada and the Bureau
OF Education at Washington City.
Sec. 81. The state superintendent shall be
ex-officio secretary of the state board OF educa-
ton and shall keep a complete record OF all Its
proceedings, which shall be signed by the pres
fdent of the board and attested by the super
intendent.
See. y. The state board of education shall
on or before the fifteenth day OF July OF each
year make an apportiOnment of the available
school fund among the several counties OF the
state, and to the seve. al cities and towns con-
shutting separate school organizations accOr-
ding to the scholastic population OF each, and
the state superintendent shall deliver an alb
stract of such apportlonmenG TO the comp,
troller and to each county judge and mayor OF
each city or town that have control OF the pub
| lie schools, statement of the amount appor
toned to their county, city or town as the case
may be, and he shall issue to the county treas
| urer of each county, and to the city treasurer
of any city or town having control of the pub
| lie schools a certificate for the amount of the
available school fund so apporuoned to his
county, city or town, which certificate shall be
i signed by the governor, as president OF the
board OF education. countersigned by the
| comptroller of public accounts and atteSted by