104 CONSTITUTION OF MARYLAND. [ART. IX

In the light of this section it can not be said that the erection of buildings
for public school purposes is a matter in which the state has no concern,
nor that the creation of a debt for such purposes is not within the ordi-
nary functions of municipal government. The act of 1894, chapter 620,
providing for the erection of a public school building in Annapolis and
authorizing the school commissioners to borrow money and the city to
issue bonds therefor, held valid. Revell v. Annapolis, 81 Md. 9.

In obedience to the requirement of this section, the general assembly
of 1868 enacted an elaborate statute providing a system of public schools
throughout the state—and among other things gave Baltimore city full
power to establish a system of free public schools—see article 77, section
121, et seq., of the Annotated Code and notes thereto. See also, notes to
article 11, section 8, of the Maryland constitution. Hooper v. New, 85
Md. 580.

The public school system as it now exists was framed by the legislature
pursuant to the requirements of this article—see notes to article 77,
sections 6, 22 et seq. See also, notes to article 2, section 15, of the Mary-
land constitution. School Commissioners v. Goldsborough, 90 Md. 201.

For a case involving this article as it stood in the constitution of
1864 and the act of 1865, chapter 160, passed in pursuance thereof, see
School Commissioners v. State Board of Education, 26 Md. 513.

See article 77 of the Annotated Code.

Sec. 2. The system of Public Schools, as now constituted, shall
remain in force until the end of the first session of the General Assem-
bly, and shall then expire, except so far as adopted or continued by the
General Assembly.

The system of public schools in force when the constitution of 1867
went into effect contained no provision for the appointment of school
commissioners for Baltimore city apart from the ordinance of 1866, which
continued in force—see notes to article 11, section 8. This section con-
strued in connection with article 77, section 121, et seq., of the Annotated
Code—see notes thereto. Hooper v. New, 85 Md. 580.

Sec. 3. The School Fund of the State shall be kept inviolate, and
appropriated only to the purposes of education.

This section referred to in deciding that a board of county school com-
missioners is not liable in an action of tort for negligence, unless such
liability is imposed by statute. Weddle v. School Commisioners, 94 Md.
344.

ARTICLE IX.

MILITIA AND MILITARY AFFAIRS.

Section 1. The General Assembly shall make, from time to time,
such provisions for organizing, equipping and discipling the Militia,
as the exigency may require and pass such Laws to promote Volunteer
Militia Organizations as may afford them effectual encouragement.
See article 65 of the Annotated Code.

Sec. 2. There shall be an Adjutant-General appointed by the Gov-
ernor, by and with the advice and consent of the Senate. He shall hold
his office until the appointment and qualification of his successor, or
until removed in pursuance of the sentence of a court-martial. He shall
perform duch duties and receive such compensation or emoluments as
are now or may be prescribed by law. He shall discharge the duties