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School moneys properly are retained in county treasury, and not subject to call of city treasury. Kennedy v. Miller, 97 Cal. 429.

The constitution does not prohibit aliens who have never been residents of this state from being heirs. [See Secs. 671, 672, Civil Code, and Sec. 17, Art. I.] State v. Smith, 70 Cal. 153.

The property of a deceased person does not. vest in the state if he leaves heirs. Lyons v. State, 67 Cal. 380.

This section is referred to in Lundy v. Delmas, 104 Cal. 658.

SECTION 5. The legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year after the first year in which a school has been established.

Const. 1849, Art. IX, Sec. 3.

The purpose is to maintain school within the district.

An incorporated town being formed of part of a school district, and school being maintained in the town by the school trustees, but no school being maintained in that part of district not included in the town, does not entitle the trustees to draw county money apportioned to the district. Bay View S. District v. Linscott, 99 Cal. 25.

School moneys are properly retained in county treasury and not subject to deposit in city treasury. Kennedy v. Miller, 97 Cal. 429. The general law as contained in the Political Code controls the provisions of a special

charter of San Francisco in relation to public Kennedy v. Board of Education, 82

schools. Cal. 483.

Section referred to in construing Traylor act [Stats. 1880, p. 105] in Earle v. Board of Education, 55 Cal. 489. This section is not self executing. People v. Board of Education, 55 Cal. 331, 334.

The amendment of 1893 of section 1645 of Political Code, which provides that in cities. having a board of education the state and county school moneys should be deposited with the city treasurer, was special legislation and unconstitutional. The term "system" itself imports a unity of purpose as well as an entirety of operation, and the direction of the legislature to provide a system of common schools means one system. [Kennedy v. Miller, 97 Cal. 429.] Bruch v. Colombet, 104 Cal. 350.

SECTION 6. The public school system shall include primary and grammar schools, and such high schools, evening schools, normal schools and technical schools as may be established by the legislature, or by municipal or district authority; but the entire revenue derived from the state school fund, and the state school tax, shall be applied exclusively to the support of primary and grammar schools.

[An amendment to this section was voted on at the general election November 8, 1898.

As to school moneys, see Kennedy v. Miller, 97 Cal. 429. The section defines what are public schools of the state [Abeel v. Clark, 84

Cal. 226, 229], and is not self executing. People v. Board of Education, 55 Cal. 331, 334.

Under the amendment of 1891 to section 795 of municipal act of 1883, where a city of the fifth class is included with other territory in a school district, the estimate for taxes required by section 1670 of the Political Code must be made to the city authorities and not to the supervisors. Such legislation is not unconstitutional. Chico H. S. Board v. Supervisors, 118 Cal. 119.

The provisions of the Political Code and the county government act authorizing county assessors to retain as compensation for their services in collecting, fifteen per cent of all poll taxes collected by them, are not, as to state poll taxes, unconstutional.

The word "exclusively," as used in this section, is directed to the point that the state school funds must only be applied to the support of primary and grammar schools to the exclusion of other classes of schools. County of San Luis Obispo v. Felts, 104 Cal. 63.

Although the kindergarten system, when adopted, is to be regarded as part of the public primary schools [Secs. 1617, 1662, 1771, Pol. Code] of the school district, yet it is not essential that the teacher of the kindergarten classes must have a certificate authorizing her to teach the whole primary school course. A warrant drawn upon the grammar and primary school fund in favor of such kindergarten teacher must be paid out of that fund. The city of San Jose, as well as all other cities, is

subject to this legislation, and the legislation is not unconstitutional. Sinnot . Colombet, 107 Cal. 189.

SECTION 7. The governor, the superintendent of public instruction, the president of the University of California, and the professor of pedagogy therein, and the principals of the state normal schools, shall constitute the state board of education, and shall compile, or cause to be compiled, and adopt, a uniform series of text books for use in the common schools throughout the state. The state board may cause such text books, when adopted, to be printed and published by the superintendent of state printing, at the state printing office, and when so printed and published, to be distributed and sold at the cost price of printing, publishing and distributing the same. The text books so adopted shall continue in use not less than four years; and said state board shall perform such other duties as may be prescribed by law. The legislature shall provide for a board of education in each county in the state. The county superintendents and the county boards of education shall have control of the examination of teachers, and the granting of teachers' certificates, within their respective jurisdictions. [Amendment ratified at election Nov. 6, 1894.]

[Amendment 1885.]

SECTION 7. The governor, superintendent of public instruction and the principals of the state normal schools, shall constitute the state board of education, and shall compile, or cause to be compiled, and adopt a uniform series of text books for use in the common schools throughout the state. The state board may cause such text books, when adopted, to be printed and published by the superintendent of state printing, at the state printing office; and when so printed and published, to be distributed and sold at the cost price of printing, publishing and distributing the same. The text books, so adopted, shall continue in use not less

than four years; and said state board shal perform such other duties as may be prescribed by law. The legislature shall provide for a board of education in each county in the state. The county superintendents and the county boards of education shall have control of the examination of teachers and the granting of teachers' certificates within their respective jurisdictions. [Ratification declared Feb. 12, 1885.]

[ORIGINAL SECTION.]

SECTION 7. The local boards of education, and the boards of supervisors, and the county superintendents of the several counties which may not have county boards of education, shall adopt a series of text books for the use of the common schools within their respective jurisdictions; the text books so adopted shall continue in use for not less than four years; they shall also have control of the examination of teachers and the granting of teachers certificates within their several jurisdictions.

This section is self executing, and operated as a repeal of the act of December 13, 1875, [Stat. p. 1] which provided that certain text books then in use should be continued until otherwise provided by statute. A constitutional provision may be self executing as to a certain state of facts and not as to another state of facts. People v. Board of Education, 55 Cal. 331.

Although the kindergarten system, when adopted, is to be regarded as part of the primary schools of the school district [Secs. 1617, 1662, 1771, Pol. Code,] yet it is not essential that the teacher of the kindergarten classes should have a certificate authorizing her to teach the whole primary school course. A

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