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15. Contested Elections.

16. Voting

Machines.

17. United States Sentors.

Del. A 5, S 9; Fla. A 3, S 26; Fla. A 6, S 9; Md. A 1, S 4; Md. A 3,
S 42; Ore. A 2, S 8; Va. A 2, S 36; Wyo. A 6, S 1.

OHIO A 2, S 21. The General Assembly shall determine, by
law, before what authority, and in what manner, the trial of
contested elections shall be conducted.

(1) Similar provisions are found in the following states:

Ark. A 19, S 24; Colo. A 7, S 12; La. A 209; Md. A 3, S 47; Mo. A 8,
S 9; Va. A 4, S 56; W. Va. A 4, S 11; Wyo. A 6, S 2.

(2) In the following states testimony in contested elections is made
mandatory:

Ala. A 8, S 189; Ark. A 3, S 9; Colo. A 7, S 9; La. A 216; Pa. A 8, S 10. Pa. A 8, S 17. The trial and determination of contested elections of electors of President, and Vice President, members of the General Assembly, and of all public officers, whether State, judicial, municipal or local, shall be by the courts of law, or by one or more of the law judges thereof; the General Assembly shall by general law, designate the courts and judges by whom the several classes of election contests shall be tried and regulate the manner of trial and all matters incident thereto; but no such law assigning jurisdiction, or regulating its exercise, shall apply to any contest arising out of an election held before its passage.

Pa. A 4, S 17. The chief justice of the supreme court shall preside upon the trial of any contested election of governor or lieutenant governor, and shall decide questions. regarding the admissibility of evidence and shall, upon request of the committee, pronounce his opinion upon other questions of law involved in the trial. The governor and lieutenant governor shall exercise the duties of their respective offices until their successors shall be duly qualified.

North Carolina A 3, S 3. *

*

Contested elections shall

be determined by a joint ballot of both houses of the General Assembly in such manner as shall be prescribed by law.

OHIO, has no provision in respect to voting machines.

The following states alow the use of voting machines, provided that
secrecy of voting be not impaired:

Cal. A 2. S 6 (amdt.); Colo. A 7, S 8 (amdt.); Conn. A 33 (amdt.);
Utah A 4, S 8; Va. A 2, S 37.

Advisory vote:

Arizona A 7, S 9. For the purpose of obtaining an advisory vote of the people, the legislature shall provide for placing the names of candidates for United States senator on the official ballot at the general election next preceding the election of a United States senator.

VIII.

EDUCATION.

I. FUNDS FOR EDUCATIONAL

AND RELIGIOUS PUR

POSES NOT ARISING BY TAXATION.

OHIO A 6, S 1. The principal of all funds, arising from the 1.
sale, or other disposition of lands, or other property, granted
or entrusted to this state for educational and religious pur-
po es, shall forever be preserve 1 inviolate, and undiminished;
and, the income arising therefrom, shall be faithfully applied
to the specific objects of the original grants, or appropriations.
Similar provi.ions relating to inviolability of educational funds and
in many cases specifying their sources including taxes, escheated
lands, etc., are found in the following states:

Ala. A 14, S 257 to 261; Ark. A 14, S 2; Cal. A 9, S 4 to 5; Colo. A 9, S 3;
Conn. A 8, S 2; Del. A 9, S 4; Fla. A 12, S 4 and 5; Idaho A 9, S 3 and 4;
III. A 8, S2; Ind. A 8, S 2 and 3 and 7; Iowa A 9, S 3; Kan. A 6, S 3;
Ky. A 184, S 184-188; La. A 254, S 254; Md. A 8, S 3; Mass. A 18, S 18;
Mich. A 11, S 11-12 and 13; Minn. A 8, S 2; Mo. A 11, S 6, S 11; Mont.
A 11, S-2 and 3; Neb. A 8, S 2, 3 and 4 and 9; Nev. A 11, S 3; N. Y.
A 9, S 3; N. J. A 4, S 7, C 6; N. C. A 9, S 4 and 7; N. Dak. A 9, S 153
to 159; Okla. A 11, S 2; Ore. A 8, S 2; S. Car. A 11, S 10 and 11; R. I.
A 12, S 2, 3 and 4; S. Dak. A 8, S 2; Tenn. A 11, S 12; Tex. A 7, S 2
to 6, and A 8, S 7; Utah, A 10, S 5; Va. A 9, S 134-135; Wash. A 9, S 3;
W. Va. A 12, S 4 and 5; Wis. A 10, S 2; Wyo. A 7, S 2, 3 and 6 and 7.

Control, disposition and investment of school funds left to legis- 2. lature by the following states:

Idaho A 9, S 11; Ind. A 8, S 4; Iowa A 9, S 1 and 6; Kan. A 6, S 5 and 9; Ky. A 185, S 185; Minn. A 8, S 5 and 6; Miss. A 8, S 211 and 212; Mo. A 11, S 9 and 10; Mont. A 11, S 4; Neb. A 8, S 1 and 8; N. Dak. A 9, S 156, 157, 161 and 162; Okla. A 11, S 6; Ore. A 8, S 5; S. Dak. A 8, S 11, 12, 14, A 28, S 1, 4, 5, 6, 9 and 10; Tex. A 7, S 4; Wash. A 16, S 2, 3, 4 and 5; Wis. A 10, S 7 and 8; Wyo. A 7, S 4 and 6.

No Ohio provision.

Distribution of school funds:

Iowa A 9, S 7. "The money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths, between the ages of five and twenty-one years, in such manner as may be provided by the general assembly."

Similar provisions:

Ky. A 186, S 186; Kan. A 9, S 4; Mo. A 11, S 2; Mont. A 11, S 5; Okla.
A 11, S 3; Ore. A 8, S 4; Wis. A 10, S 5; Wyo. A 7, S 8.

3.

Shall be preserved.

How controlled.

How dis

tributed.

4. What obliga

No Ohio provision.

Iowa A 7, S 3. 3. All losses to the permanent school, or univertion on state sity fund of this state, which shall have been occasioned by the

if fund is lost.

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defalcation, mismanagement, or fraud of the agents or officers controlling and managing the same, shall be audited by the proper authorities of the state. The amount so audited shall be a permanent funded debt against the state, in favor of the respective fund sustaining the loss, upon which not less than 6 per cent annual interest shall be paid. The amount of liability so created shall not be counted as a part of the indebtedness authorized by the second section of this article.

Similar provisions:

La. A 257, S 257; Mo. A 10, S 26 and A 11, S 7; S. Dak. A 8, S 13; Utah
A 10, S 7; Wash. A 9, S 5.

II. FUNDS FOR EDUCATIONAL PURPOSES ARISING BY

TAXATION.

OHIO (1851) A 6, S 2. The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this

state.

The following constitutions contain provisions for a special tax for
school purposes:

Ala. A 14, S 269; Ark. A 4, S 3; Colo. A 9, S 7; Del. A 10, S 2; Fla. A
12, S 6 to 8; Ga. A 8, S 3 and 4; La. A 252; Miss. A 8, S 206;
Nev. A 11, S 6; S. C. A 11, S 6 and 12; S. Dak. A 8, S 15; Tex. A 7, S 3;
Va. A 9, S 136; W. Va. A 10, S 2, and A 12, S 7; Wis. A 10, S 4.

The following states contain similar provisions in regard to use of
fund by religious or cther sect:

Cal. A 4, S 30, and A 9, S 8; Colo. A 9, S 7; Del. A 9, S 3; Fla. A 12, S
13; Idaho A 9, S 5; Ill. A 8, S 3; Ky. S 189; La. A 252, A 253;
Miss. A 8, S 208; Mo. A 11, S 11; Mont. A 11, S 8; N. H. Part 2, A 82,
N. Y. A 9, S 4; N. Dak. A 8, S 152; Pa. A 10, S 2; S. C. A 11,
S9; S. Dak. A 8, S 16; Utah A 10, S 13.

Ala. A 14, S 263. "No money raised for the support of the
public schools shall be appropriated to or used for the support of
any sectarian or denominational school."

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III. METHOD OF CONDUCTING SCHOOLS.

The following states provide for free public schools, some of which require the teaching of the English language:

No Ohio provision.

Ala. A 14, S 256; Ark. A 14, S 1; Cal. A 9, S 6; Colo. A 9, S 2; Del. A 10,
S 1; Fla. A 12, S 1; Ga. A 8, S 1; Idaho A 9, S 1; Ill. A 8, S 1; Ind. A
8, S 1; Iowa A 9, S 12; Kan. A 6, S 2; Ky. S 183; La. A 251;
Me. A 8; Md. A 8, S 1; Minn. A 8, S 1 and 3; Miss. A 8, S 201;
Mo. A 11, S 1; Mont. A 11, S 1 and 7; Neb. A 8, S 6; Nev. A 11,
S 2; N. Y. A 9, S 1; N. C. A 1, S 27 and A 9, S 1 and 2; N. Dak. A 8,
S 147-148; Okla. A 1, S 5, and A 13, S 1; Ore. A 8, S 3; Pa. A 10, S 1;
R. I. A 12, S 1; S. C. A 11, S 5; S. Dak. A 8, S 1; Tex. A. 7, S 1;
Utah A 10, S 1 and 2; Vt. Chap 2, S 41; Va. A 9, S. 129; Wash. A 9, S 2;
W. Va. A 12, S 1; Wis. A 10, S 3; Wyo. A 1, S 23, and A 7, S 1
and 9.

No Ohio provision.

The following states expressly forbid religious qualifications for admission to schools:

2.

Colo. A 9, S 8; Idaho A 9, S 6; Mont. A 11, S 9; Utah A 10, S 12; Wyo.
A 7, S 12.

No Ohio provision.

Compulsory attendance is provided for in the following:

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Colo. A 9, S 11; Idaho A 9, S 9; N. C. A 9, S 15; Okla. A 13, S 4; Va.
A 9, S 138.

No Ohio provision.

Separate schools for white and colored pupils are required in the following:

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Va. A 9, S 140; Tex. A 7, S 7; Fla. A 12, S 12; La. A 248, S 248; Ky.
A 187, S 187; Miss. A 8, S 207; Mo. A 11, S 3; Okla. A 13, S 3; S. C. A
11, S 7; W. Va. A 12, S 8; N. C. A 9, S 2; Ga. A 8, S 1; Ala. A 14,
S 256.

Some states provide a minimum length of time that schools are to
be taught annually:

Cal. A 9, S 5; Mich. A 11, S 9; Miss. A 8, S 205; Mont. A 11, S 6; N. C.
A 9, S 3.

Uniform text books are required in N.
S 6; but prohibited in Colo. A 9, S 16;
S 11.

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M. A 20, S 17; Okla. A 13,
Utah A 10, S 9; Wyo. A 7,

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A state superintendent of schools is provided for in the following:
Ala. A 14, S 262; Ark. A 14, S 4; Cal. A 9, S 2; Colo. A 4, S 20; Fla.
A 12, S 2 and 4, A 4, S 25; Ga. A 8, S 2; Kan. A 6, S 1; Miss. A 8, S
202; Nev. A 11, S 1; Ore. A 8, S 1; Mich. A 11, S 2; Pa. A 4, S 20;
S. C. A 11, S 1; Utah A 7, S 19; Va. A 9, S 131; Wash. A 3, S 22; W.
Va. A 12, S 2; Wyo. A 7, S 14.

County superintendents of schools are provided for in the following:
Cal. A 9, S 3; Colo. A 9, S 6; Ill. A 8, S 5; Miss. A 8, S 201; N. Dak.
A 8, S 150; W. Va. A 12, S 3.

State boards of education provided for in the following:

Cal. A 9, S 7; Colo. A 9, S 1; Fla. A 12, S 3; Idaho A 9, S 2; La. A 250; Mich. A 11, S 6; Miss. A 8, S 203; Mo. A 11, S 4; N. C. A 9,

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S 8 to 13; Okla. A 13, S 5; S. C. A 11, S 2; Tex. A 7, S 8; Utah, A 10,
S 8; Va. A 9, S 130 and 132.

In the folowing states express power is given the legislature to
establish school districts:

Colo. A 9, S 15; Fla. A 12, S 10 and 11; Tex. A 11, S 10; Utah A 10,
S 6; Va. A 9, S 133; W. Va. A 12, S 10.

Officers, trustees and teachers of schools are prohibited to be finan-
cially interested in proceeds of sale of books or supplies for the
schools:

Ill. A 8, S 4; Miss. A 8, S 210; S. Dak. A 8, S 17; W. Va. A 12, S 9.
Mont. A 11, S Ic, requires a separate election for school officers.

IV. STATE UNIVERSITIES.

In the following states funds are provided for universities, colleges and normal schools:

No Ohio provision.

Ala. A 14, S 265-266; Ga. A 8, S 6; Iowa A 9, S 2 and 5; La. A
258 and 259; Miss. A 8, S 213; Mich. A 11, S 10; Nev. A 11, S 8; Mont.
A 11, S 12; Okla. A 2, S 31 and A 11, S 5; S. Dak. A 8, S 7 and 8;
Tex. A 7, S 11 to 15; Va. A 9, S 137 to 141; Wis. A 10, S 6; S. C.
A 11, S 8.

The following states provide for the establishment and location cf
state universities and colleges:

No Chio provision.

Ala. A 14, S 267; Cal. A 9, S 9 and 10 and 11; Conn. A 8, S 1; Fla. A 12,
S 14; Idaho A 9, S 10; Iowa A 9, S 11; Kan. A 6, S 7; La. A 255
and 256; Mass. Part 2, Chap. 5, S 1 and 2 and 5; Minn. A 8, S 4; Nev.
A 11, S 4 and 5; Tex. A 7, S 10 and 14; Utah A 10, S 4; W. Va. A 12,
S 11; Wyo. A 7, S 15.

The following states provide for a Board of Regents or Board of
Trustees:

No Chio provision.

Board of Regents cr Trustees provided for University in the follow-
ing states:

Mich. A 11, S 3-4-5; Ala. A 14, S 264; Colo. A 9, S 12 and 13 and 14;
Mo. A 11, S 5; Mont. A 11, S 11; Neb. A 8, S 10; Nev. A 11, S 7; N. Y.
A 9. S 2; N. C. A 9, S 6; S. Dak. A 14, S 2, 3 and 4; Wyo. A 7,
S 17.

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