LIBRARY OF THK UNIVERSITY OF CALIFORNIA. b [WJwle Number S4S UNITED STATES BUREAU OF EDUCATION. REPRINT OF CHAPTER I FROM THE REPORT OF THE COUM1 --NKR OF EDUCATION FOR 1902 AND OF CHAPTER II OF THE REPORT FuR iy03. L LAWS RELATING TO AGRICULTURAL AND MECHANICAL LAND-GRANT COLLEGES. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1905. 533 A* CHAPTER T. GENERAL LAWS RELATING TO AGRICULTURAL AND .MECHANICAL LAX!) C.KANT COLLEGES. ACTS OF CONGRESS. AN ACT dc nutir.j; puMic l::n--is to the several States and Territories which may pro vide colleges for the iKjnefit of agriculture and the mechanic arts. !> ,S'< imtr vor"r-!s Us- r< ..f applied to the uses and purposes prescribed in this act, and for no other use or purpose whatsoever: Provided, That in no case shall any State to which land scrip may thus be issued be allowed to locate the same within the limits of any other State, or of any territory of the United States; but their nay thus locate said land scrip upon any of the unappropriated lands of the United Slates subject to sale at private entry at one dollar and twenty-five c'-nts, or less, an acre: And /;/,-//'//,/ further. That not more than one million shall be located by such assignees in any one of the States: And provided further, That no such location shall be made before one year from the passage of this act. SEC. 3. A, id. ( ft fnit!,.-r mfictrd. That all the expenses of management, super- intendence and taxes from date of selection of said lands, previous to their sales, and all expenses incurred in the management and disbursement of moneys which may be received therefrom, shall be paid by the States to which they may belong, out of the Treasury of said States, so that the entire proceeds of the sale of said lands shall be applied, without any diminution whatever, to the purposes herein- after mentioned. SEC. 4. And be itfurtl /, That all moneys derived from the sale of the lands aforesaid by the States to which the lands are apportioned, and from the sales of land scrip hereinbefore provided for, shall be invested in stocks of the United States, or of the States, or some other safe stocks, yielding not less than five per centum upon the par value of said stocks; and that the moneys so invested shall constitute a perpetual fund, the capital of which shall remain forever undimin- ished, except so far as may be provided in section fifth of this act, and the interest of which shall be inviolably appropriated, by each State which may take and claim the benefit of this act, to the endowment, support, and maintenance of, at least, one college, where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such ED 1902 1 1 132089 2 EDUCATION REPOKT, 1901-1002. manner as the Legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life. SEC. 5. And be it further enacted, That the grant of land and land scrip hereby authorized shall be made on the following conditions, to which, as well as to the provisions hereinbefore contained, the previous assent of the several States shall be signified by legislative acts: First, If any portion of the fund invested, as provided by the foregoing section, or any portion of the interest thereon, shall, by any action or contingency, be diminished or lost, it shall be replaced by the State to which it belongs, so that the capital of the fund shall remain forever undirninished; and the annual interest shall be regularly applied without diminution to the purposes mentioned in the fourth section of this act, except that a sum. not exceeding ten per centum upon the amount received by any State under the provisions of this act, may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective Legislatures of said States; Second, No portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings; Third, Any State which may take and claim the benefit of the provisions of this act shall provide, within five years, at least not less than one college, as prescribed in the fourth section of this act, or the grant to such State shall cease; and said State shall be bound to pay the United States the amount received of any lands previously sold, and that the title to purchasers under the State shall be valid; Fourth, An annual report shall be made regarding the progress of each college, recording any improvements and experiments made, with their costs and results, and such other matters, including State industrial and economical statistics, as may be supposed useful; one copy of which shall be transmitted by mail free, by each, to all the other colleges which may be endowed under the provisions of this act, and also one copy to the Secretary of the Interior; Fifth, When lands shall be selected from those which have been raised to double the minimum price in consequence of railroad grants, they shall be com- puted to the States at the maximum price, and the number of acres proportionally diminished; Sixth, No State, while in a condition of rebellion or insurrection against the government of the United States, shall be entitled to the benefit of this act; Seventh, No State shall be entitled to the benefits of this act unless it shall express its acceptance thereof by its Legislature within two years from the date of its approval by the President. SEC. 6. And be it further enacted, That land scrip issued under the provisions of this act shall not be subject to location until after the first day of January, 1863. SEC. 7. And be it further enacted, That land officers shall receive the same fees for locating land scrip issued under the provisions of this act as is now allowed for the location of military bounty land warrants under existing laws: Pi^ovided, That maximum compensation shall not be thereby increased. SEC. 8. And be it further enacted, That the Governors of the several States to which scrip shall be issued under this act shall be required to report annually to Congress all sales made of such scrip until the whole shall be disposed of, the amount received for the same, and what appropriation has been made of the pro- ceeds. (Approved, July 2, 1862.) AN ACT To establish agricultural experiment stations in connection with the colleges estab- lished in the several States under the provisions of an act approved July second, eighteen hundred and sixty-two, and of the acts supplementary thereto. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to aid in acquiring and diffusing among the people of the United States useful and practical inf orma- tion on subjects connected with agriculture, and to promote scientic investigation and experiment respecting the principles and applications of agricultural science, there shall be established, under direction of the college or colleges, or agricul- tural department of colleges, in each State or Territory established, or which may hereafter be established in accordance with the provisions of an act approved July second, eighteen hundred and sixty-two, entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," or any of the supplements of said act, a depart- ment to be known and designated as an " agricultural experiment station: " Pro- vided, That in any State or Territory in which two such colleges have been or may be so established, the appropriation hereinafter made to such State or Territory LAWS RELATING TO LAND-GRANT COLLEGES. 3 shall be equally divided between such colleges, unless the legislature of such state or territory shall otherwise direct. S:.< .2. That it shall be the object and duty of said experiment stations to con- duct original researches or verify the experiments on the physiology of plants and animals; the diseases to which they are severally subject, with the remedies for the same; the chemical composition of useful plants at their different stages of gr< > >vth: the comparative advantages of rotative cropping as pursued under a vary- ries of crops; the capacity of new plants or trees for acclimation; the analysis of soils and water; the chemical composition of manures, natural or artificial, with i merits designed to test their comparative effects on crops of different kinds; the adaptation and value of grasses and forage plants; the composition and digesti- bilty of the different kinds of food for domestic animals; the scientific and economic questions involved in the production of butter and cheese; and such other re- searches or experiments bearing directly on the agricultural industry of the United States as may in each case be deemed advisable, having due regard to the varying conditions and needs of the respective States or Territories. . 3. That in order to secure as far as practicable uniformity of methods and results in the work of said stations it shall be the duty of the United States com- missioner of agriculture to furnish forms, as far as practicable, for the tabulation of results of investigation or experiments; to indicate, from time to time, such lines of inquiry as to him shall seem most important; and in general, to furnish such advice and assistance as will bcfet promote the purposes of this act. It shall be the duty of each of said stations annually, on or before the first day of Febru- ary, to make to the governor of the State or Territory in which it is located, a, full and detailed report of its operations, including a statement of receipts and expend- itures, a copy of which report shall be sent to each of said stations, to the said commissioner of agriculture, and to the secretary of the treasury of the United States. SKO. 4. That bulletins or reports of progress shall be published at said stations st once in three months, one copy of which shall be sent to each newspaper in the States and Territories in which they are respectively located, and to such individuals actually i in farming as may request the same, and as far as the means of the station will permit. Such bulletins or reports, and the annual reports of said stations, shall be transmitted in the mails of the United States free of charge for postage, under such regulations as the postmaster general may from time to time prescribe. . 5. That for the purpose of paying the necessary expenses of conducting in- -rations and experiments, and printing and distributing the results as here- to prescribed, the sum of $15,000 is hereby appropriated to each State to be .lly provided for by Congress in the appropriations from year to year, and to :erritory entitled under the provisions of section eight of this act, out of any money in the treasury proceeding from the sales of public lands, to be paid in equal quarterly payments on the first day of January, April, July and October in each year, to the treasurer or other officer duly appointed by the governing boards of said colleges to receive the same, the first payment to be made on the first day of Octo- IHT, is.s7: />,,,, That out of the first annual appropriation so received v station an amount not exceeding one-fifth may be expended in the erection, enlargement or repair of a building or buildings necessary for carrying on the work of such station; and thereafter an amount not exceeding five per centum of such annual appropriation may be so expended. . 6. That whenever it shall appear to the secretary of the treasury from the annual statement of receipts and expenditures of any of said stations, that a portion of the preceding annual appropriation remains unexpended, such amount shall be deducted from the next succeeding annual appropriation to such station, in order that the amount of money appropriated to any station shall not exceed the amount actually and necessarily required for its maintenance and support. SEC. 7. That nothing iu this act shall be construed to impair or modify the legal relation existing between any of the said colleges and the government of the States or Territories in which they are respectively located. SEC. 8. That in States having colleges entitled under this section to the benefits of this act, and having also agricultural experiment stations established bylaw sep- arate from said colleges, such States shall be authorized to apply such benefits to experiment stations so established by such States; and in case any State shall have established, under the provisions of said act of July second, aforesaid, an agricul- tural department or experimental station in connection with any university, college or institution not distinctively an agricultural college or school, and such State shall have established, or shall hereafter establish a separate agricultural college or 4 EDUCATION KEPORT, 1901-1902. school, which shall have connected therewith an experimental farm or station, the Legislature of such State may apply in whole or in part the appropriation by this act made to such separate agricultural college or school; and no Legislature shall, by contract express or implied, disable itself from so doing. SEC, 9. That the grants of money authorized by this act are made subject to the Legislative assent of the several States and territories to the purpose of said grants: Provided, That payment of such installments of the appropriation herein made as shall become due to any State before the adjournment of the regular session of its Legislature meeting next after the passage of this act, shall be made upon the assent of the Governor thereof duly certified to the secretary of the treasury. SEC. 10. Nothing in this act shall be held or construed as binding the United States to continue any payments from the treasury to any or all the States or insti- tutions mentioned in this act, but Congress may at any time amend, suspend or repeal any or all of the provisions of this act. (Approved, March 2, 1887.) AN ACT To apply a portion of the pvoeoecls of the public lands to the mora complete endow- ment and support of the colleges for the benefit of agriculture and the mechanic arts estab- lished under the provisions of an act of Congress approved July second, eighteen hundred and sixty-two. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be, and hereby is, annually appropriated, out of any money in the Treasury not otherwise appropriated, aris- ing from the sale of public lands, to be paid as hereinafter provided, to each State and Territory for the more complete endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts now established, or which may be hereafter established, in accordance with an act of Congress approved July- second, eighteen hundred and sixty-two, the sum of fifteen thousand dollars for the year ending June thirtieth, eighteen hundred and ninety, and an annual increase of the amount of such appropriation thereafter for ten years by an addi- tional sum of one thousand dollars over the preceding year, and the annual amount to be paid thereafter to each State and Territory shall be twenty-five thousand dollars to be applied only to instruction in agriculture, the mechanic arts, the English language and the various branches of mathematical, physical, natural and economic science, with special reference to their applications in the industries of life, and to the facilities for such instruction: Provided, That no money shall be paid out under this act to any State or Territory for the support and maintenance of a college where a distinction of race or color is made in the admission of students, but the establishment and maintenance of such colleges separately for white and colored students shall be held to be a compliance with the provisions of this act if the funds received in such State or Territory be equitably divided as hereinafter set forth: Provided, That in any State in which there has been one college established in pursuance of the act of July second, eighteen hundred and sixty-two, and also in which an educational institution of like character has been established, or may be hereafter established, and is now aided by such State from its own revenue, for the education of colored students in agriculture and the mechanic arts, how- ever named or styled, or whether or not it has received money heretofore under the act to which this act is an amendment, the Legislature of such State may pro- pose and report to the Secretary of the Interior a just and equitable division of the fund to be received under this act between one college for white students and one institution for colored students established as aforesaid, which shall be divided into two parts and paid accordingly, and thereupon such institution for colored students shall be entitled to the benefits of this act and subject to its provisions, as much as it would have been if it had been included under the act of eighteen hundred and sixty-two, and the fulfillment of the foregoing provisions shall be taken as a compliance with the provision in reference to separate colleges for white and colored students. SEC. 2. That the sums hereby appropriated to the States and Territories for the further endowment and support of colleges shall be annually paid on or before the thirty-first day of July of each year, by the Secretary of the Treasury, upon the warrant of the Secretary of the Interior, out of the Treasury of the United States, to the State or Territorial treasurer, or to such officer as shall be designated by the laws of such State or Territory to receive the same, who shall, upon the order of the trustees of the college, or the institution for colored students, immediately pay over said sums to the treasurers of the respective colleges or other institu- tions entitled to receive the same, and such treasurers shall be required to report to the Secretary of Agriculture and to the Secretary of the Interior, on or before the first day of September of each year, a detailed statement of the amount so received and of its disbursement. The grants of moneys authorized by this act LAWS RELATING TO LAND-GRANT COLLEGES. 5 are made subject to the legislative assent of the several States and Territories to the purpose of said grants: I'rurided, That payments of such installments of the appropriation herein made as shall become due to any State before the adjourn- ment of the regular session of legislature meeting next after the passage of this act shall be made upon the assent of the governor thereof, dtily certified to the Secretary of the Treasury. SEC. 3. That if any portion of the moneys received by the designated officer of tho State or Territory for the further and more complete endowment, support, and maintenance of colleges, or of institutions for colored students, as provided in this act, shall, by any action or contingency, be diminished or lost, or be mis- applied, it shall be replaced by the State or Territory to which it belongs, and until so replaced no subsequent appropriation shall be apportioned or paid to such State or Territory; and no portion of said moneys shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings. An annual report by the president of each of said colleges shall be made to the Secretary of Agriculture, as well as to the Secretary of the Interior, regarding the condition and progress of each college, including statistical information in relation to its receipts and expenditures, its library, tho number of its students and professors, and also as to any improve- ments and experiments made under the direction of any experiment stations at- ;l to said colleges, with their costs and results, and such other industrial and economical statistics as may be regarded as useful, one copy of which shall be transmitted by mail free to all other colleges further endowed under this act. SRC. 4. That on or before the first day of July in each year, after the passage of this act, the Secretary of the Interior shall ascertain and certify to the Secre- tary of the Treasury us to each State and Territory whether it is entitled to receive its share of the annual appropriation for colleges, or of institutions for colored stu- dents, under this act, ana the amount which thereupon each is entitled, respec- ti\ <:ly , to receive. If the Secretary of the Interior shall withhold a certificate from any State or Territory of its appropriation the facts and reasons therefor shall be reported to the President, and tho amount involved shall be kept separate in the Treasury until the close of the next Congress, in order that the State or Territory may, if it should so desire, appeal to Congress from the determination of the Secretary of the Interior. If the next Congress shall not direct such sum to be paid it shall be covered into the Treasury. And the Secretary of the Inte- ri"" is hereby charged with the proper administration of this law. . r>. That the Secretary of the Interior shall annually report to Congress the dislmrsri-uynts which have been made in all the States and Territories, and also wh-ther the appropriation of any State or Territory has been withheld, and if so, the reasons therefor. SEC. 6. Congress may at any time amend, suspend, or repeal any or all of the provisions of this act. (Approved^ August 30, 1890.) ALABAMA. Constitution, 1875, Article XIII: SECTION 1. The general assembly shall estab- lish, organize, and maintain a system of public schools throughout the State for the equal benefit of the children between the ages of 7 and 21 years, but separate schools shall be provided for the children of citizens of African descent. [This provision of the constitution is inserted here, as upon it a claim was based for the establishment of a " University for Colored People."] SEC. 2. The principal of all funds arising from the sale or other disposition of lands or to this served faithfully applied to the specific objects of the original grants or appropriations. SEC. 3. All lands or other property * * * appropriated by the State for educational purposes * * * shall be faithfully applied to the maintenance of the public schools. SKC. 8. No money raised for the support of the public schools of the State shall be appropriated to, or used for, the support of any sectarian or denominational school. SEC. 9. The State university and the agricultural and mechanical college shall each be under the management and control of a board of trustees. * * * The board for the agricultural and mechanical college shall consist of two members from tha Congressional district in which the college is located, and one from each 6 EDUCATION KEPORT, 1901-1902. of the other Congressional districts in the State. Said trustees shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold office for a term of six years, and until their successors shall be appointed and qualified. After the first appointment each board shall be divided into three classes, as nearly as may be. The seats of the first class shall be vacated at the expiration of two years, and those of the second class in four years, and those of the third class at the end of six years from the date of appointment, so that one- third may be chosen biennially. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. The governor shall be ex-officio president, and the superintendent of education ex-officio member of * * * said board of trustees. SEC. 10. The general assembly shall have no power to change the location of the * * * agricultural and mechanical college, as now established by law, except upon a vote of two- thirds of the members of the general assembly, taken by yeas and nays, and entered upon the journal. Article IV, Legislative Department: The legislative department [of Alabama] shall be vested in a general assembly, which shall consist of a senate and house of representatives. SEC. 33. No money shall be paid out of the treasury except upon appropriations made by law, and on warrant drawn by the proper officer in pursuance thereof; and a regular statement and account of receipts and expenditures of all public moneys shall be published annually. [The following matter is taken from the official work entitled "The Code of Alabama, with such statutes passed at the session of 1896-97 as are required to be incorporated therein. 11 Atlanta, Ga., 1897.] Code of Alabama (1897), article 14: SEC. 3686. Incorporation of the college. The governor and the superintendent of education, by virtue of their respective offices, and the trustees appointed from the different Congressional districts of the States, under the provisions of section 9 of Article XIII of the constitution, and their successors in office, are constituted a body corporate under the name of the Agricultural and Mechanical College of Alabama, to carry into effect the purpose and intent of the Congress of the United States in the grant of lands by the act of July 2, 1862. SEC. 3687. General powers, duties, and liabilities of college. Such corporation shall have all the rights, privileges, and franchises necessary to a promotion of the end of its creation, and shall be charged with all corresponding duties, liabil- ities, and responsibilities. SEC. 3688. Credit of State pledged to payment of interest. For the payment of the interest, at the rate of 8 per cent per annum, on the fund of $253,500, arising from the sale of the scrip for the land donated in trust to this State by the act of Con- gress of July 2, 1862, the faith and credit of the State are forever pledged. SEC. 3689. Powers of board of trustees. The board of trustees have the power to organize the college by appointing a corps of instructors, who shall be styled the faculty of the college, and such other instructors and officers as the interest of the college may require; and to remove any such instructors or officers, and to fix their salaries or compensation, and increase or reduce the same at their discretion; to regulate, alter, or modify the government of the college as they may deem advisable; to prescribe courses of instruction, rates of tuition, and fees; to confer such academic and honorary degrees as are usually conferred by institutions of similar character; and to do whatever else they may deem best for promoting the interest of the college. They shall also establish and maintain a military depart- ment in the college, and elect a commandant and such other officers as may be necessary for the department. SEC. 3690. Classification of trustees. The trustees of the college are divided into three classes, as follows: The trustees from the fourth, fifth, seventh, and ninth districts shall constitute the first class; those from the eighth, sixth, and second districts shall constitute the second class, and those from the third and first dis- tricts shall constitute the third class; and they shall hold office and their seats be vacated as prescribed by the constitution. SEC. 3691. Any vacancy in the office of trustee occurring during the recess of the legislature shall be filled by appointment of the governor, such appointee to hold until, at the next session of the legislature thereafter, such vacancy shall be filled by the governor, by and with the consent of the senate; and any trustee appointed to fill a vacancy by the governor, by and with the consent of the senate, shall hold during the unexpired term. SEC. 3692. Time and place of meeting of trustees. The board of trustees shall hold their meetings at the seat of the college on the last Monday in June of each LAWS RELATING TO LAND-GRANT COLLEGES. 7 year, unless the board shall in regular session determine to hold its meetings at some other time and place; and upon the application in writing of any four mem- bers of the board the governor shall appoint a special meeting, naming the time and place thereof, and cause notices thereof to be issued to the several members of the board, but such meeting shall not be appointed for a day less than twenty days subsequent to the date of the notice. SEC. 3693. Quorum of board of trustees. Six members of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present. . 3694. The certificate of the president of the board or in his absence of the : ent pro tempore, countersigned by the secretary, shall entitle the several trustees to the payment of their actual expenses incurred in the discharge of their duties as such trustees. . 3695. No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality, when the intent of the grantor or donor can be arrived at; nor shall any default, malfeasance, or misfeasance, or nonnser on the part of the trusttt r officers or agents of such corporation, work a forfeiture of a:iy of its rights, privileges, powers, or franchises. . 3696. It shall be the duty of the board of trustees to make or cause to be made to the general assembly, at each session thereof, a full report of their trans- actions, and of the condition of the college, embracing an itemized account of all ts and disbursements on account of the college by those charged with the administration of its finances. SEC. 3697. Interest paid by treasurer; when bond required of officers or agents. The State treasurer must pay the interest on the fund of $253,500 arising from ile of land scrip quarterly, as the same may accrue, to the treasurer or other authorized agent or officer of the college; and on the application of such treasurer, agent, or oftkvr, the auditor shall draw his warrant on the State treasurer for such st; but in no case shall any person be authorized to receive, hold, or dis- burse any fund of the college without having first given bond conditioned for tho faithful performance of his duties. . 398. Experiment station of agricultural and mechanical college. The ini tresof the agricultural and mechanical college may establish and maintain an agricultural experiment station, at which careful experiments in scientific agri- culture shall 1x3 made; the ? > shall be furnished the commissioner [of agriculture) monthly, and he shall make publication thereof as often as he may ' y; and if such station is established and maintained, the trus- tees of the hall cause, without charge therefor, an analysis to be made of all fertilizers submit h d 'ininissioner for analysis; and one-sixth of the net pi 5 from the sale of fertilizer tags shall be paid quarterly to the ;rT (.i tli' agricultural a?id mechanical college on the approval of the gov- ernor and of the commissioner, to be disbursed under the direction of the board of trustees for the development of the agricultural and mechanical department of the college. . A branch agricultural experiment station, for the purpose of conduct- ing and makin/ <>nts in scientific agriculture, is established and located at or near Uniontown, in Perry County, known as the Canebrake Agricultural imeot Station. SEC. 400. The station is under the general supervision and control of a board composed of the commissioner of agriculture, the director of the experiment sta- tion at the agricultural and mechanical college, and five progressive farmers to be appointed by the governor, who are actually engaged in cultivating canebrake land, three of whom must reside within 10 miles of the station, and who must not receive any compensation other than expenses actually incurred in visiting the station, and, while there, supervising its affairs. SEC. 401. The board has authority to purchase suitable lands, not exceeding in qiiantity 40 acres, for the use of the station, taking the title to the State, and to construct thereon the necessary buildings and other improvements, not expending more than $2,000 in making such purchase and in the construction of such build- ings, and improvements. The board has authority also to appoint and to discharge at pleasure such officers, agents, or servants as are deemed necessary to the opera- tion of the station, fixing their compensation; and may appoint a director to con- duct and control the operations of the station, under the superintendence and direction and subject to the rules and regulations of the board, and may pay such director a reasonable salary, not to exceed $250 per annum. SEC. 402. The board must cause such experiments to be made at the station at will advance the interests of scientific agriculture, particularly on canebrake lands, and to cause such chemical analyses to be made as are deemed necessary, 8 EDUCATION EEPOET, 1901-1902. all such analyses, if requested, to be made under the supervision of the commis- sioner of agriculture by the chemist of the agricultural department without charge. SEC. 403. The expenses of the canebrake agricultural experiment station, not exceeding $2,500 annually, must be paid out of the funds of the agricultural department to the treasurer of the board of control in equal quarterly installments on the 1st days of January, April, July, and October. SEC. 404. A branch agricultural experiment station and school is established at Athens, Limestone County, in the Eighth Congressional district, known as the North Alabama Agricultural Experiment Station and School; another at Abbe- ville, Henry County, in the Third Congressional district, known as the Southeast Alabama Agricultural Experiment Station and School; another at Albertville, Marshall County, in the Seventh Congressional district, known as the Northeast Alabama Agricultural Experiment Station and School; another at Evergreen, Conecuh County, in the Second Congressional district, known as the Southwest Alabama Agricultural Experiment Station and School; another at Hamilton, Marion County, in the Sixth Congressional district, known as the Sixth District Agricultural Experiment Station and School; another at Blountsville, Blount County, in the Ninth Congressional district, known as the Ninth District Agri- cultural Experiment Station and School; and three additional agricultural ex- periment stations and schools, to be located by the governor, commissioner of agriculture, and superintendent of education, may be established in the First, Fourth, and Fifth Congressional districts, respectively, to be known as the District Agricultural Experiment Station and School, respectively, whenever the inhabitants of the district shall convey to the State for the use of such stations and schools, respectively, not less than 80 acres of land, with suitable school buildings thereon of not less than $5,000 in value as approved by the commissioner of agriculture. [On the 9th of December, 1896, the foregoing was amended as follows:] No school or experiment station shall be established in either [any?] of said Congressional districts until such district or the citizens thereof shall donate and convey to the State for the use of such station and school real estate and buildings not less than $5,000 in value, to be approved by the commissioner of agriculture: Provided, etc. , [The matter being local in application and of detail.] SEC. 405. Each of such stations is under the supervision of a board of control, appointed by the governor, to be composed of five members, a majority of whom shall be men whose principal business is farming, who shall be residents of the respective Congressional district wherein the school for which they are appointed is located, and the superintendent of education and the commissioner of agricul- ture shall be ex officio members of such board of control. Such board of control may appoint an executive committee composed of not less than three members of such board, who shall exercise such powers consistent with the acts creating the said school as are conferred upon them by the board of control. Of the five mem- bers of each board of control appointed by the governor, one shall be appointed for two years, two for four years, and two for six years from the date of their respective appointments, and as their terms expire the governor shall fill the vacan- cies, and the members appointed to fill such vacancies shall hold for six years from their appointments. And the governor, whenever he deems such action necessary or expedient, shall have authority to remove the board of control of any school or any member of such board. The members of said board must not receive any compensation other than traveling expenses actually incurred in attending meet- ings of the board of control. SEC. 406. For the support of the nine branch agricultural schools and experiment stations, located in the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth Congressional districts, respectively, in the State of Alabama, there shall be appropriated annually out of the agricultural fund the sum of $2.500 to each of said schools, one-fourth of such sum to be paid quarterly, to wit, January 1, April 1, July 1, and October 1 of each year, to the treasurer of the board of con- trol of such schools, provided there is so much of said fund not otherwise appro- priated; and if such fund is not sufficient to pay to each of said schools the said sum of $2,500, then the same is to be equally divided among said schools. SEC. 407. Not less than $500 of the sum so appropriated to each of said schools shall be used in maintaining, cultivating, and improving the farms, respectively, and making agricultural experiments thereon, under and by direction of the respective boards of control. SEC. 408. The treasurer of the board of control shall give bond payable to the board of control, in the sum of at least $1,000, conditioned to faithfully keep and disburse the funds of the schools, and such board of control may require ail addi- tional bond at any time it may deem necessary. LAWS RELATING TO LAND-GRANT COLLEGES. 9 SEC. 409. The president or principal of each of said schools shall be the director of the respective school and station in which he is employed, and he shall person- ally superintend the making of such experiments as will advance the interests of scientific agriculture and cause such chemical analyses to be made as are deemed necessary, and perform such other duties in reference to such experiment stations as shall be required of him by the board of control. SEC. 410. The president and board of control of said agricultural schools and experiment stations shall, from time to time, prepare bulletins of information for farmers and reports of agricultural experiments condticted by them and answers to questions that may be asked them in practical farming and veterinary diseases, including condensed reports of the experiment station at Uniontown, and publish the same in all the weekly newspapers published in their respective Congressional districts whose publishers will insert the same free of charge. SEC. 411. It shall be the duty of the president ,or principal of each of said schools to make to the superintendent of education, on or before September 30 of each year, a full report of the financial condition, workings, and progress of said school, embracing an itemized account of all receipts and disbursements of money appropriated to such schools by this article, and a like report to the commissioner of agriculture of the condition, expenses, and workings of the experiment station connected with such school. SEC. 412. It shall be the duty of the president and principal of each of such schools to report in writing quarterly to the board of control an itemized account of all incidental or matriculation fees, and all other moneys received by him as such president or principal, together with the disposition of the same. He shall give receipts for all moneys received and take receipts for all moneys disbursed by him. SEC. 413. Scientific and practical agriculture shall be taught at all the agricul- tural schools, and all male pupils over 10 years of age who receive free tuition therein shall be required to take the conrse in scientific agriculture and horticul- tiire, and all other pupils over the age of 10 years receiving free tuition shall be required to take the course in floriculture and horticulture. S ':<'. 414. None of the said schools shall receive the appropriations provided for in this article or any part thereof unless such school shall be actually conducting an agricultural experiment station and agricultural school, wherein such experi- nients are made as will tend to advance the interests of scientific farming. . 415. The board of control and president of the faculty of said schools shall adept a course of study with a view to educating and training pupils for teachers in the public schools of this State, which course of study shall embrace the dif- ferent grades adopted by the State; to grant certificates of proficiency or diplo- mas to such pupils as shall complete the course of study so adopted: Provided, That such certificates of proficiency or diplomas shall not entitle the holder to teach in the public schools of the State without examination. SEC. 416. The commissioner [of agriculture] is authorized and directed to adopt annually such measures as may be necessary to successfully conduct in different sections of the State farmers' institutes, consisting of lectures on subjects related to agriculture by persons of scientific attainments, and by practical and success- ful farmers, with discussions relating thereto, and of such exhibitions as may be found improving, instructive, and of practical value to the farmers of the vicinity where such institutes are held, a report of which, with a detailed statement of the money expended in that connection, must be embodied in his annual report. SEC. 41 7. The commissioner is authorized to pay the necessary expenses incurred in conducting such farmers' institiites, including the expense of employing lec- turers when necessary and for distributing the reports thereof, and for this purpose there is annually appropriated out of the funds of the department of agri- culture $3,000, or so much thereof as may be necessary, to be paid from the monthly estimate and allowance for expenses of the department. SEC. 396. All moneys received by the department from fees for licenses, from sales of tags, from fees for the registration of lands for sale, or from any other source must be paid into the State treasury monthly. Act approved February 15, 1897: SECTION 1. A branch agricultural experiment station and agricultural school for the colored race is hereby established and located at Tuskegee, Macpn County, to be run in connection with the Tuskegee Normal and Industrial Institute, and to be known as the Tuskegee Agricultural Experiment Station and Agricultural School. SEC. 2. The board of control of said station and school shall be composed of the State commissioner of agriculture, the president of the Agricultural and Mechanical College, and the director of the State experiment station at Auburn, 10 EDUCATION REPORT, 1901-1902. Ala. , and the members of the board of trustees of the Tuskegee Normal and Industrial Institute who reside in the town of Tuskegee, and their successors, who shall also reside in the town of Tuskegee, Ala. The members of said board shall not receive any compensation other than expenses actually incurred in visiting the station and school and while there supervising its affairs. SEC. 3. The said board of control shall have power to elect the director, teachers, and such other officers, agents, and servants as are deemed necessary to the operation of the said station and school, fixing their compensation, and shall manage said school and Station as in their judgment they think best. SEC. 4. For the equipment and improvement of said station and school there is hereby appropriated out of the agricultural fund in the treasury, not otherwise appropriated, the sum of $1,500, one-fourth of said sum to be paid quarterly to the treasurer of said board of control, who shall give bond in double the amount of the appropriation, for the safe-keeping and faithful application of the sum appropriated, the bond to be approved by the judge of probate of Macon County and filed in his office, a certified copy of which shall be forwarded to the com- missioner of agriculture, to be placed on file in his office. SEC. 5. The trustees of the said Tuskegee Normal and Industrial Institute shall furnish for the use of said station and school all the necessary lands and build- ings, and for such use they shall make no charge against the State of Alabama. SEC. 6. The board of control must cause such experiments to be made at said sta- tion as will advance the interest of scientific agriculture, and must cause such chem- ical analyses to bejnade as are deemed necessary. All such analyses, if requested, are to be under the supervision of the commissioner of agriculture by the chemist of the agricultural department without charge. SEC. 7. The board of control may adopt such rules and regulations as they may deem necessary for the purpose of carrying out the provisions of this act. so that the colored race may have the opportunity of acquiring an intelligent and prac- tical knowledge of agriculture in all its various branches. SEC. 8. It is the purpose of this act to appropriate to the support of the experi- ment station established by this act; the sums appropriated in this act are appro- priated only for the purpose of maintaining and operating experimental stations with the view of educating and training colored students, as herein named, in sci- entific agriculture. SEC. 9. The Alabama State Normal School for Colored Students, at Montgomery, is hereby constituted an experiment station and shall be under its present board of trustees, and $1,000 per annum is hereby appropriated out of the treasury to the credit of the agricultural department, not otherwise appropriated, for the pur- pose of operating an experiment station in connection with said Alabama State Normal School for Colored Students, at Montgomery. Act approved February 13, 1891. SECTION 1. Inasmuch as by the act of Congress for the more complete endow- ment and support of the colleges for the benefit of agriculture and the mechanic arts, approved August 30, 1890, the grants of money authorized by said act are made subject to the legislative assent of the several States and Territories to the purpose of said grants, it is hereby declared that the assent of the general assembly of the State of Alabama is given to the purpose of the grants made in said act of Congress; and the trustees of the institution receiving said grants are hereby directed to comply with the terms and conditions expressed in the act aforesaid, using all moneys received under said act of Congress faithfully for the purposes named therein. SEC. 2. The division of the fund to be received under said act approved August 30, 1890, between one college for white students and one institution for colored students shall be based from year to year upon the ratio of the number of each race of legal school age to the population of school age in the State of Alabama, as shown by the State school census next preceding the annual payment of said fund by the United States Treasury, said ratio being, for the year 1888-9, white (56.6) fifty-six and six-tenths per cent, colored (43.4) forty-three and four-tenths per cent; it being provided that the division may be at any time modified by the written consent of the Secretary of the Interior of the United States and the governor of Alabama. SEC. 3. That portion of the grant of money received by the State of Alabama under said act of Congress approved August 30, 1890, herein set apart for the edu- cation of white students, is appropriated to the Agricultural and Mechanical Col- lege of Alabama, at Auburn, and that portion of the said grant herein set a^art LAWS EELATIXG TO LAND-GRANT COLLEGES. 11 for the education of colored students is appropriated to the Huntsville State Normal and Industrial School. 4. That the money appropriated in this act to the Agricultural and Mechan- ical College, at Auburn, and to the Huntsville State Colored Normal and Indus- trial School shall l>e drawn from the State treasury, as ordered by the trustees of the said institutions, on the warrant of the auditor, approved by the governor. (Approved February 13th, 1891.) ARIZONA. [The following matter is taken from the Revised Statutes of Arizona Territory, 1SOL] SEC. 3625. There sliall be established in this Territory, at or near the city of i. in the county of Pima, upon the grounds secured for that purpose, iii the manner hereinafter provided, an institution of learning under the name of the " University of Arizona." iect of the university shall be to provide the inhabitants of this Territory with the means of acquiring a thorough knowledge of the various literature, science, and the arts. r. The government of the university shall vest in a board of regents, to consist of a .president and three members, who shall be appointed as hereinafter i'd. and the Territorial superintendent of public instruction and the gov- ernor of the Territory shall, during their respective terms of office, be members of >;mT. J. The members of the board of regents shall be appointed by the gov- ernor of the Territory, by and with the advice and consent of the council, two- thirds of the members of council concurring therein, and shall hold their offices, -!y, except those appointed to the first board, for the term of four years the first Monday of August succeeding their appointment and until the appointment of a successor. <>. The regents of the university and their successors in office shall con- a body r with the name and style of the " Board of regents of the of Arizona," and by that name they and their successors shall be kn:>wn in law: have perpetual succession; may sue and be sued; may purchase, >, and hold property, real and personal, for the benefit of the Territory of >ia and the use of said university; of contracting and being contracted with; of making and using a common seal, and altering the same at pleasure. i . Before entering upon the discharge of the duties of regent each of the members of said board of regents shall execute a bond, with two or more sufficient sureties, to be approved by the governor, in the penal sum of $5,000, and take and subscribe an oath of office similar to the oath required of other Terri- torial officers, which bond and oath shall be filed and kept in the omce of the Territorial treasurer. J. The regents shall appoint a secretary, a treasurer, and a librarian, each of whom shall hold office during the pleasure of the board. It shall be the duty of the secretary to record all the proceedings of the board, and carefully to preserve all its books and papers, and to perform such other duties pertaining to his office as the board of regents may from time to time require. The treasurer shall keep a true and faithful account of all moneys received and paid out by him, and shall give such bonds for the faithful performance of the duties of his office as the board of regents may require. The board of regents shall appoint one of its mem- bers treasurer and one of its -members secretary, but no one member shall be appointed to both the said offices of treasurer and secretary. The secretary shall receive in full for all compensation as such secretary the sum of $15 per month. No compensation shall be paid to the treasurer. SEC. 3633. The board of regents shall have power, and it shall be their duty, to enact laws for the government of the university; to elect a chancellor, who shall be ex officio president of the board of regents, and when the chancellor is absent from any meeting of the board, the board may appoint a president pro tern. ; they may also appoint and employ the requisite number of professors and tutors, and such other officers and employees as they may deem expedient, and they shal.also determine the amount of their respective salaries. SEC. 3634. The university shall consist of five departments: 1. The department of science, literature, and the arts. 2. The department of theory and practice, and elementary instruction. 3. The department of agriculture. 4. The normal department. 5. The department of mineralogy and school of mines 12 EDUCATION EEPOKT, 1901-1902. The immediate government of the several departments shall be intrusted to their respective faculties, but the board or regents shall have the power to regulate the course of instruction, and prescribe, under the advice of the holders of the pro- fessorships, the books to be used and authorities to be followed in the several depart- ments, and also to confer such degrees and grant such diplomas as are usually conferred and granted by other universities. SEC. 3635. The board of regents shall have power to remove any officer or employee connected with the institution, other than the chancellor or member of the board of regents, when, in their judgment, the interests of the university require it. SEO. 3836. The fee of admission to the university shall never exceed the sum of $30, and the charge for tuition in any of the departments shall never exceed in one year, to the residents of the Territory, $50, and as soon as the increase of the university fund -will permit, the tuition in the first and second departments shall be without charge to all students in the same who are residents of the Territory. SEC. 3C37. The board of regents are authorized to expend such portion of the income of the university fund and the funds hereinafter provided for said uni- versity as they may deem expedient for the erection of suitable buildings upon the grounds hereinafter provided for, and the purchase of apparatus, a library, and cabinet of natural history and mineralogy. SEC. 3638. The board of regents shall make a report annually to the governor of the Territory on or before the 2d day of January of each year, exhibiting the state and progress of the university in its several departments, the course of study followed, the number of professors employed and of students in attendance, the amount of receipts and expenditures, and such other information as they may deem proper. Meetings of the board may be called in such manner as the board of regents may prescribe, and any two of them, with the chancellor, at a meeting regularly called, shall be a quorum for the transaction of business, and a less num- ber may adjourn from time to time. No sectarian tenets, opinions, doctrines, or principles shall be taught in any of the departments of said university, nor shall adhesion to any sectarian tenet or opinion be required to entitle any person to be admitted as a student in said university, and no such tenets or opinions shall be required as a qualification for any person as a regent, tutor, or professor of such university. SEC. 3639. The compensation of said board of regents shall be $5 per day each for each day's actual attendance upon said board, and 10 cents per mile for each mile actually traveled to and from the place of meeting: Provided, That only one mileage shall be allowed each member for each session: And provided, That no member of said board shall receive compensation in any one year exceeding the sum of $150. SEC. 3640. For the support of said university, in addition to the provisions here- inbefore made, there shall be, and is hereby, appropriated the proceeds from the sale of all lands that have been or may hereafter be granted by the United States to the Territory for university purposes, or of any moneys granted by the same for like purposes, and the proceeds of all lands, money, or other property given by individuals or appropriated by the Territory for the like purpose, all of which shall be and remain a perpetual fund, the interest or income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appro- priated and annually applied to the specific object of the original gift, grant, or appropriation; and no such money, property, or proceeds shall under any pretense be applied, used, or loaned for any uses or purposes whatsoever. SEC. 8642. There shall be a Territorial museum for the collection and preserva- tion of the archaeological resources, specimens of the mineral wealth, and the flora and fauna of the Territory. SEC. 3643. The regents of the university shall direct and manage the affairs of the museum. SEC. 3644. There shall be set apart in the rooms of the Territorial university a sufficient amount of space to accommodate such articles as may be received for the Territorial museum, which shall be under the direct supervision of the board of regents of the university. SEC. 3649. Whenever hereafter any student of the University of Arizona shall be expelled by the faculty or board of regents of said university, the said student so expelled shall be required to give up to the said board of regents his cadet's uniform. SEC. 3650. The board of regents is authorized, and is hereby required, upon the surrender of the cadet's uniform by any student or cadet expelled, to pay, out of any moneys on hand in the " University of Arizona fund " not otherwise appro- LAWS RELATING TO LAND-GRANT COLLEGES. 13 priated, the cost price of said uniform, the money to be paid to the parent or guardian of said student or cadet. SEC. 3651. Any student or cadet of said University of Arizona who has been expelled from the said university and after said expulsion is found wearing a cadet's uniform in any public place is guilty of a misdemeanor, and on conviction therefor subject to a fine of not less than $10 and, in default of the payment of the fine, to five days' imprisonment in the county jail. SEC. 3652. There shall be levied annually, in addition to all other taxes directed to be levied and collected, a tax of three-fifths instead of two-fifths of a mill, as heretofore provided by law, on each $1 of assessed value of all real and personal property in the Territory of Arizona, and, when collected, to be placed by the Ter- ritorial treasurer in the fund known as the university fund. The Territorial auditor shall certify the rate of tax as above stated to the several boards of super- visors throughout the Territory, and said board of supervisors are hereby directed and required to enter such rate on the assessment rolls of their respective counties in the same manner and with the same effect as is provided by law in relation to other Territorial or county taxes. The tax levied under the authority of the pro- visions of this act is hereby made a lien against the property assessed, which lien shall attach on the first Monday in February in each year, and shall not be satisfied or removed until such tax is paid. SEC. 3653. The board of regents of the University of Arizona are authorized to expend such portion of the university fund and such other funds as may be pro- vided for the said university as they may deem expedient for the erection and fur- nishing of suitable buildings and the support and maintenance of said university. SEC. 3654. The Territorial auditor is hereby authorized and directed to draw his warrant on the Territorial treasurer for all claims approved and allowed by the said board of regents under the provisions of this act, and the Territorial treas- urer is hereby authorized and directed to pay said warrants out of any moneys in the university fund. SKC. 3655. For the purpose of carrying out the provisions of this act a loan of $25,000 is hereby authorized to be negotiated and made on the faith and credit of the Territory of Arizona and to bear interest at the rate of 5 per cent per annum. Si:c. 3656. The treasurer of the Territory of Arizona is hereby authorized and directed to issue and deliver to said " board of regents of the University of Ari- zona," and said board of regents are hereby authorized to sell not exceeding $25,000 of the bonds of this Territory, bearing interest at 5 per cent per annum, which interest shall be payable annually in gold coin of the United States on the first Monday in January in each year at the office of the Territorial treasurer. The principal of said bonds shall be, and is, expressly made payable in gold coin of the United States, within twenty years after the date of their issue, and shall be of such denomination as the said board of regents shall direct, and shall bear the date of their issue and shall be signed by said treasurer of the Territory of Arizona and countersigned by the president of said board of regents in his official capacity, and shall have the seal of the said board of regents affixed thereto, and the faith of the Territory of Arizona is hereby pledged for the payment of said bonds and the interest accruing thereon, as herein provided. SEC. 3657. Coupons for the interest accruing on said bonds shall be attached thereto severally, so that they may be removed without injury or mutilation to the bond. Said coupons shall be consecutively numbered, and shall bear the number of the bond to which they are attached, and shall be signed by the Terri- torial treasurer. SEC. 3658. Said bonds shall be prepared and signed by the treasurer of the Territory of Arizona, with said coupons attached thereto, and delivered to said board of regents of the University of Arizona at any time hereafter and as soon as practicable after said treasurer shall have been requested by said board of regents so to do, taking receipt of said board therefor. SEC. 3859. The expense incurred by the Territorial treasurer in having said bonds prepared shall be paid out of the general fund of the Territory, from any money therein not otherwise appropriated, to be expended only upon warrants drawn by the Territorial auditor upon the certificate of the Territorial treasurer that the expense has been incurred and that the claim is just. SEC. 3660. It shall be the duty of the Territorial treasurer to keep and transmit to his successor a permanent record of all bonds issued under the provisions of this act, and it shall be the duty of said board of regents of the University of Ari- zona also to keep a permanent record in the office of said board and of all bonds sold, the name of the purchaser, and price received by said board under the pro- visions of this act, and transmit to the governor a certified copy of said record as soon as said bonds shall have been sold. 14 EDUCATION KEPOKT, 1901-1902. SEC. 3661. The board of regents of the University of Arizona is hereby author- ized to demand of and receive from the treasurer the bonds authorized by ihis act to be issued and sold, or such part of the same as in the judgment of this board shall be necessary to carry out the purposes of this act, and after the same shall have been countersigned by the chancellor of the University of Arizona the said board of regents is hereby authorized to sell said bonds for the purpose of constructing and furnishing upon the grounds of the university the necessary buildings to provide proper accommodations for a museum, a library, and admin- istrative offices of the university. Any moneys received by said board from the sale of bonds &nd not expended under the provisions of this act for constructing and furnishing said buildings as herein required shall be paid into the Territorial treasury, and by the treasurer placed in the university funds by this act created. SEC. 8662. Before the sale of any of said bonds the said board of regents shall cause notice of such sale to be published in four daily newspapers published in English, one at the city of New York, State of New York; one at the city of San Francisco, State of California; one at the Territorial capital, and one at the city of Tucson, in said Territory. Such notice shall specify the amount of bonds to be sold, the rate of interest they shall bear, the place, day, and hour of sale, and that sealed proposals will be received by said board of regents within one month from the expiration of such publication, and that none of said bonds will be sold for less sum than their par value; and at the place, on the day and hour named in said notice, the board of regents shall open all sealed proposals received by it, and shall award the purchase of said bonds to the highest bidder or bidders there- for: Provided, That such bid shall not be for a less sum than the par value of said bonds: And provided further, That said board of regents may reject any and all bids if they deem it to the advantage of the Territory: And provided further, That if none of said bids are accepted said board of regents shall again advertise said bonds for sale and proceed as hereinbefore provided under fresh notice of sale. SEC. 3663. For the payment of the interest on the bonds issued under this act, after such bonds shall have been issued, there is hereby levied annually, in addi- tion to all taxes otherwise directed to be levied and collected, a tax of one-half cent on each 100 of the assessed value of all real and personal property in the Territory of Arizona, to be placed by the Territorial treasurer in a fund to be known as the "University interest fund;" and commencing ten years thereafter there shall be in like manner annually levied and collected such an additional amount as shall pay $2,500 of the principal of said bonds and any amount of interest accrued thereon and remaining unpaid by said interest fund, to the end, intent, and purpose that all of the principal and interest of said bonds shall be fully paid during the period of twenty years from the date of their issuance. The Territorial auditor shall certify the rate of tax computed by him to the several boards of supervisors throughout the Territory necessary to raise the required amount for the redemption of the bonds as above stated, and the said boards of supervisors are hereby directed and required to enter such rate on the assessment rolls of their respective counties, in the same manner and with the same effect as is provided by law in relation to other Territorial and county taxes. Every tax levied under the provisions or authority of this act is hereby made a lien against the property assessed, which lien shall attach on the first Monday in February in each year, and shall not be satisfied or removed until such tax has been paid. All moneys derived from taxes authorized by this section shall be paid into the Ter- ritorial treasury and shall be applied: 1. To the payment of interest on the bonds issued by the provisions of this act. 2. To the payment of the principal of such bonds: Provided, That all moneys remaining in the Territorial treasury, after the payment of the interest and prin- cipal in each year thereafter, as herein provided, after the issuance of any bonds under this act, shall be transferred by the Territorial treasurer to a fund which shall be known as the " University fund," and the Territorial treasurer is hereby authorized and directed to open a separate account with, and keep said moneys so transferred to said fund, and all other moneys which are paid into said fund, separate, and apply the same only in payments of the expenses of the mainte- nance of said university. SEC. 3664. Whenever, after the expiration of ten years from the issuance of any bonds under this act, there remains after the payment of the interest, as pro- vided in this section, a surplus of $2,500 or more, it shall be the duty of the Terri- torial treasurer to advertise for the space of one month in like manner as said board of regents of university advertise for bids, as set forth in section 3662 herein, which advertisement shall state the amount in the sinking fund and the number of bonds, numbering them in order of their issuance, commencing at the lowest LAWS RELATING TO LAND-GRANT COLLEGES. 15 number then outstanding, which such fund is set apart to pay and discharge, and if such bonds so numbered in such advertisements shall not be presented for pay- ment and cancellation at the expiration of such publications, then such fund shall remain in the treasury to discharge such bonds whenever presented, but they shall draw no interest after the expiration of such publication. Before any such bonds shall be paid they shall be presented to the Territorial auditor, who shall indorse on each bond the amount due thereon, and shall write across the face of each bond the date of its surrender and the name of the person surrendering the same. 85. The Territorial treasurer shall keep a full and particular account and record of all his proceedings under this act, and of the bonds redeemed and surrendered, and he shall submit to the governor an abstract of all his proceed- ings under this act with his annual report, to be by the governor laid before'fhe legislature biennially, and all books and papers pertaining to the matter provided in this act shall at all times be open to the inspection of any party interested, or vernor, or a committee of either branch of the legislature, or a joint com- mittee of both. SEC. 8660. It shall be the duty of the Territorial treasurer to pay the interest on said bonds when the same falls due, out of the interest fund, if sufficient, and if said fund be not sufficient, then to pay the deficiency pnt of the general fund: That the Territorial auditor shall first draw his warrant on the Territo- rial treasurer, payable to the order of said treasurer, for the amount of interest money about to become due and payable out of the general fund, which said interest warrant shall be drawn at least one month previous to the maturing of the interest. SEC. 3667. This act shall take effect immediately, subject, however, to its approval and ratification by the Congress of the United States. ARKANSAS. Constitution (1874), Article XIV: SEC. 2. No money or property belonging to the public-school fund, or to this State for the benefit of schools or universities, shall ever be used for any other than the respective purposes to which it belongs. [Tho following mattor is taken from A Digest of the Statutes of Arkansas, Embracing all . f a General [Nature in force at tho Close of tho Session of the General Assembly of 1893, nders and Hill. Columbia, Mo., 1894.] SEC. 4054. By an act of the general assembly of January 31, 1867, the State of Arkansas signified and declared her assent to the grant of land and land scrip authorized and contained in the acts of Congress approved July 2, 1862, and July 23, I860, which terms and conditions were as follows: First. The State of Arkansas will replace any portion of the fund provided by u 4 of said act, or any portion of the interest thereon, which shall by any 1 1 or contingency be diminished or lost, so that the capital fund shall remain forever undiminished , and will apply the annual interest thereon regularly, with- out diminution, to the purposes mentioned in the fourth section of the said act of Congress, subject only to the exception contained in section 5 of the act last referred to. Srond. The State of Arkansas, further assenting, agrees that no portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any build- ing or buildings. Third. The State of Arkansas further agrees to provide at least not less than one college, as prescribed in the fourth section of said act of Congress, and in accord- ance with the act amendatory of said act, and also to pay the United States the amount received of any lands previously sold to which the title of purchasers was valid. Fourth. The State of Arkansas further agrees that an annual report shall be made regarding the progress of each college, in accordance with paragraph 4 of section 5 of said act of Congress of Jnly 2, 1862. SEC. 4055. By an act of the general assembly of March 7, 1889, the State of Arkansas accepted the appropriation and assented to the terms contained in an act of Congress approved March 2, 1887, entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several States under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto. ' ' The sum of $1 5,000 per annum was appropriated by said act of Congress for the maintenance and necessary expenses of such agricultural experiment sta- tions, and the said sum was appropriated by the aforesaid act of the general assem- bly to the Industrial University. By the aforesaid act of the general assembly the 16 EDUCATION REPORT, 1901-1902. said appropriation was accepted and assented to in trust for the uses and pur- poses expressed in the aforesaid act of Congress set forth in the succeeding section. SEC. 4056. It shall be the object and duty of said experiment stations to conduct original researches or .verify experiments on the physiology of plants and animals, the diseases to which they are severally subject, with the remedies for the same; the chemical composition of useful plants at their different stages of growth; the comparative advantages of rotative cropping as pursued under a varying series of crops; the capacity of new plants or trees for acclimation; the analyses of soils and waters; the chemical composition of manures, natural or artificial, with experi- ments designed to test their comparative effects on crops of different kinds; the adaptation and value of grasses and forage plants; the composition and digesti- bility of the different kinds of food for domestic animals; the scientific and eco- nomic questions involved in the production of butter and cheese, and such other r> searches or experiments bearing directly on the agricultural industry of the United States as may in each case be deemed advisable, having due regard to the varying conditions and needs of the respective States or Territories. SEC. 4057. By an act of the general assembly of April 9, 1891, the State of Arkan- sas accepted the grant and assented to the provisions of an act of Congress of August 30, 1890, for the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, established under the act of Congress of July 2, 1862. One of the conditions of said grant was that in States where the white and negro races were separately educated and there was a col- lege for the education of the negro race, that the State should equitably divide said appropriation. Pursuant thereto the State of Arkansas divided the same as follows: Eight-elevenths for the Industrial University, at Fayetteville, and three- elevenths for the Branch Normal College thereof, at Pine Bluif . SEC. 4058. By the act of Congress mentioned in the preceding section there was provided an appropriation of $15,000 for each State accepting the same for the year 1890, and the same sum and an annual increase thereof of $1,000 addi- tional to the preceding year for ten years, and the annual amount thereafter to be $25,000, said sum to be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life and to the facilities for such instruction. SEC. 4059. The State treasurer shall receive, under his official responsibility, all sums due and to become due from the United States from the appropriation men- tioned in the preceding section and pay the same to the trustees of the aforesaid university and branch thereof in the proportion aforesaid. (Act April 9, 1891, sec. 9.) SEC. 4060. The State treasurer shall be the financial agent and trustee of the State, to apply for and receive of the United States all the land scrip to which the State may be entitled by reason of the acceptance of the terms of the act of Con- gress of July 2, 1862, and acts amendatory thereof. (Act March 27, 1871, sec. 1.) SEC. 4061. All property or bonds donated or bid for the location of said univer- sity, and accepted by said board of trustees, shall constitute a part of the funds of said university. SEC. 4062. It is hereby made the absolute duty of the county court of the county or corporation council issuing such bonds to annually levy a tax and collect in currency or overdue coupons of such bonds a sum fully sufficient to pay all accru- ing interest on such bonds and incidental expenses connected therewith; and upon failure to do so, it shall be the duty of any court of competent jurisdiction, upon the application of any one or more holders of such bonds, to compel such county court or council forthwith to levy and collect such sums as will fully pay all such interest as herein provided for. (Act March 27, 1871, sees. 9 and 10.) SEC. 4063. It shall be the duty of the county court of the county of Washington, at each annual meeting held for the purpose of levying taxes, to provide for the levy of a tax of 1 mill on each one dollar's worth of taxable property, to be paid into the county treasury as a sinking fund to be set apart and kept for the sole purpose of liquidating the thirty-year 8 per cent bonds, known as "college bonds," held in trust by the State of Arkansas for the benefit of the Arkansas Industrial University. SEC. 4064. It shall be the duty of the treasurer of said county, when the said taxes, as provided in section 4063, shall have been collected and paid to him annu- ally under the direction of the county court of said county, to invest the same to the best possible advantage in interest-bearing bonds or securities of the State of Arkansas or of any other State bearing the highest rate of interest and deemed good and safe. And the said county treasurer shall also, in like manner, as the LAWS KELATING TO LAND-GRANT COLLEGES. 17 interest shall accrue and be collected on the investments aforesaid, from time to time invest said interest in interest-bearing bonds or good securities. i. 4065. It shall be the duty of the city council of the city of Fayetteville, in said county of Washington, at each annual meeting held for the purpose of levy- ing taxes, to provide for the levy of a tax of 1 mill on each one dollar's worth of taxable property, to be paid into the city treasury as a sinking fund, set apart and kept for the sole purpose of liquidating the thirty-year 8 per cent bonds, known as "college bonds," held in trust by the State of Arkansas for the benefit of the Arkansas Industrial University. SEC. 4066. It shall be the duty of the treasurer of said city, when the said taxes provided for in section 4065 shall have been collected and paid to him annually under the direction of the city council of said city, to invest the same to the best possible advantage in interest-bearing bonds or securities of the State of Arkansas or of any other Stair bearing the highest rate of interest and deemed good and safe; and the said city treasurer shall also, in like manner, as the interest shall accrue and be collected on the investments aforesaid, invest said interest in interest-bearing bonds or securities as aforesaid. (Act March 28, 1885.) SEC. 4067. The governor of the State of Arkansas, by and with the consent of the senate, shall appoint, and there is hereby created, a board of six trustees for the Arkansas Industrial University, to be appointed one from each Congressional district, to be composed of representatives of the agricultural, mechanical, and literary pursuits of life as nearly as possible, who shall hold their office for the term of six years from the date of their appointment and until their successors are appointed and qualified: Provided, When the first appointment is made under the provisions of this act, two members of said board shall be appointed for the term of two years, two for four years, and two for six years; and every two years thereafter two members (if said board shall be appointed for the term of six years. The governor shall be, ex officio, president of said board, and in all of tie votes shall cast the deciding vote; and in his absence the board shall cl'i-t a presiding oftic- r. A less number than a quorum may adjourn from time to time. (Act March 30, 1887, sec. 1 , as amended by act March 31, 1891.) SEC. 4068. Said board is mad* 1 a body politic and corporate, and shall have all the powers of a corporate body, subject to the constitution and laws of the State of Arkansas. :uid possess all the powers and authority now possessed by the board of trustees of said university under existing laws, and shall make and subscribe an affidavit before entering upon their respective duties, to faithfully, diligently, and impartially discharge the duties of their office. (Act March 30, 1887, sec. 2.) Si.c. 40(>9. The board of trustees shall have power to prescribe all rules and ivgultitions for the government and discipline of said university, subject to the provisions of this chapter and such other acts of the general assembly as may hereafter be prescribed. (Ib., sec. 4.) SEC. 4070. The board of trustees shall cause to lie made an annual report of the operations and condition of the agricultural and mechanical departments of said university, which shall include: First. A statement of the number of acres in cultivation on the college farm > the kind of crops raised, and the numlx'r of acres of each kind. Second. The manner of the preparation of the soil for the various crops, methods of seeding and planting, kind and variety of seeds, manner of cultivating and of harvesting. Third. The several kinds and descriptions of all implements used in the various stages of the different crops, with reports on their utility and adaptation for the purposes used. Fourth. The time of preparation of the soil, sowing, planting, cultivating, and harvesting, and a general statement of the weather and its influence upon the several crops. Fifth. The kinds of fertilizers used and crops to which they were applied, the tim<- and manner of application, and the several results. Sixth. A detailed and systematic account of the number of days' work, of ten working hours each, of men and teams in the production of each separately treated crop, said statement of labor to be in three divisions: First, up to the time the seed are deposited in the ground; secondly, during cultivation; thirdly, while harvesting and preparing the crop for market. Seventh. A full and accurate yield per acre, by weight or measure, of all crops raised on the farm, distinguishing between the several kinds of treatment as to fertilizers used, and depth of plowing, difference of cultivation, times of harvest- ing, kind or variety of seed used. ED 1902 2 18 EDUCATION EEPORT, 1901-1902. Eighth. Kind and quantity of machinery and tools used in the mechanical department; the kind and quality of each shop or division of said department, and an approximate cost of production of each article manufactured. (Act March 30, 1887, sec. 10.) SEC. 4071. The board of trustees shall meet annually, and shall have power to hold adjourned meetings when the business of the university actually requires it, or the president of the board may call a meeting of the board when he is satisfied the interests of the university require it or when five members of the board peti- tion him to do so. (Act May 30, 1874, sec. 4.) SEC. 4073. The president of the board shall attend the meetings of the board and shall perform all such duties as are herein required or may be directed by said board, without salary or fees or any compensation whatsoever, except such as he now receives for other services for the State; but his own and the trustees' necessary traveling expenses and board bills and other necessary incidental expenses in carrying this chapter into effect shall be paid by the State, upon the official certificate of the person incurring such expense being approved by the president of the board, which shall be a voucher in the office of the auditor of the State. Said trustees shall each receive $2.50 for each day necessarily consumed on duty as such trustees, payable as above provided for. (Act March 27, 1871, sec. 12, as modified by subsequent legislation.) SEC. 4074. Said board of trustees shall fix, and from time to time regulate, the fees, allowances, salaries, and wages to be paid architects, inspectors, professors, teachers, agents, committees, servants, or other necessary employees; and they shall observe rigid economy in such expenditures. (Ib. , sec. 16; but see 4094 seq. ) SEC. 4075. The board of trustees, for any cause by them deemed sufficient, shall have power, by majority vote taken at any meeting, to remove any member from said board: Provided, No member shall be so removed without as many as five of such trustees voting for such removal; and when any member of said board shall be so removed the votes of the trustees shall be recorded, and the president of the board shall make a certificate showing the result of such vote and transmit tne same without delay to the governor, who shall at once declare the commission which had been issued to such removed trustee vacated, and appoint and commis- sion some competent man to fill the vacancy so occasioned. SEC. 4076. The said board of trustees are fully empowered and authorized, either as a board or through any committee they may select or appoint, to inquire into and fully investigate any and all charges that have been or may be preferred against any trustee of said board, or any member of any committee appointed by or under the direction of said board, or any contractor, architect, builder, employee, or agent or other person acting by agreement with or authority of, or under, said board of trustees, or any of the committees of said board, in any capacity whatever; and for the purposes of such investigations or inquiry, said board, or any committee appointed by them, shall hold meetings in the State at such time and place as may be designated by the board, or by the committee so appointed, and the chairman of the executive committee of said board, for the time being, shall have full and ample power to issue all necessary process for summoning and compelling attendance of witnesses before such board or committee, and may impose upon all witnesses who refuse to obey such process, or to testify fully and explicitly before such board or committee in reference to any and all such matters as may be the subject of inquiry, all the pains and penalties that might or could be imposed upon such witness by the circuit court in any case if he were to fail and refuse to appear and testify before the proper circuit court of his county in a cause or matter legally pending therein, after being duly summoned to appear and testify therein, and said process, issued by the chairman of said executive committee, maybe directed to any sheriff, coroner, or constable in this State; and if such officer fails, neglects, or refuses to execute such process, he shall be sub- ject to all the forfeitures, pains, and penalties which might or could be imposed upon him for failing, neglecting, or refusing to serve necessary or proper process from a circuit court in his own county, and such fine, imprisonment, and penalties as can be so assessed shall be enforced and carried out upon the order of such chair- man of the executive committee, which chairman shall be required to have no commission to so act except as a member of the board, and a certificate of his election or appointment to such place by the board of trustees or the president of such board. SEC. 4077. The material parts of all examinations and inquiries had by any com- mittee shall be reduced to writing and laid before the board for their action; and process under this act shall run in the name of the State, and officers and wit- nesses shall execute and obey the same without any advanced fee or compensa- tion, and their accounts or claims for such service or attendance, or other costs LAWS RELATING TO LAND-GRANT COLLEGES. 19 arising in such investigation, shall be presented to said board of trustees, and they shall. "through their president, order certificates issued upon their treasurer for reasonable compensation. (Act April 5, 1873.) SEC. 4078. The board of trustees of the Arkansas Industrial University at the first meeting after April 1, 1893, shall elect a secretary of the board and a treas- urer of the university, who shall hold their offices two years, or until their suc- cessors are in like manner appointed and qualified. SEC. 4079. Both of said offices shall not be held by the same person at one time. SEC. 4080. The said secretary and treasurer shall each execute such bonds and perform such duties as are now required by law, and under such regulations as may be prescribed by the said board of trustees. SEC. 4081. The compensation allowed the secretary shall be fixed at $600 per annum and the salary of the treasurer shall be fixed at $300 per annum, and in no case shall the salary of either officer for any and all services rendered the said board of trustees of the university be increased unless by an act of the general assembly. (Act April 14, 1893.) SEC. 4082. The said treasurer and secretary shall each execute a bond to the State of Arkansas, for the use of the university, with security approved by the board or the president thereof, in vacation, in such sum as they may require, not less than $10.000. for the faithful performance of all the duties that may appertain to their respective offices, which bonds shall be filed in the office of the secretary of state. (Act March 6, 1875, sec. 3.) SEC. 4083. It shall be the duty of said secretary to keep, in a well-bound book to be furnished for that purpose, a true and correct record of the transactions of said board , which shall be open to the inspection of any citizen of this State at all times on demand. He shall also have the custody of all books, papers, docu- ments, and other property which may be deposited in his office by the order of said board, and also the buildings and grounds pertaining to said university, and shall, from time to time, and so often as directed by said board, prepare and trans- mit to the superintendent of public instruction reports of any of the transactions of said board of trustees as may be ordered. (Act March 30, 1887, sec. 3.) SEC. 4084. Said treasurer shall at no time draw from the treasurer of the State or have on hand more than $10.000, and the same shall be paid out as the board shall direct. (Act March 27, 1871.) SEC. 4085. The board shall have power to remove such officers. (Ib.) SEC. 4086. The general assembly, in appropriating moneys for the benefit of said university, shall specify the precise amount that it intends to appropriate for each and every purpose, and the trustees of said institution shall apply each sum as thus directed, and in no other way. (Act February 20, 1883.) SEC. 4087. No appropriation made for any specific purpose shall be used for any other purpose, and the power of contracting debts by the board of trustees in the absence of any appropriation is expressly prohibited. (Act April 4, 1893.) SEC. 4088. (See act of April 19, 1895, post.) SEC. 4089. Any vacancies in the number of beneficiaries during the terms of the university shall Ix- filled by appointment by the judge of the county court. Any beneficiaries appointed as herein prescribed shall comply with the rules and regu- lations provided by the board of trustees in reference to such beneficiaries. SEC. 4090. It shall bo the duty of the judge of the county court, immediately upon receiving notification from the board of trustees as above provided, to give notice, in the manner prescribed by law for the publication of legal notices, of the number of beneficiaries allowed to the county, and of the time, manner, and place of making appointments to the same, and no person shall be admitted to the said university as a beneficiary who has not been appointed in accordance with the provisions of this section. SEC. 4091. By section 11, act March 30, 1887, provision was made for the erection of dormitories for the use of the beneficiaries, and provided that if the beneficiaries were not sufficient in number to fill such dormitories the president may permit other students to occupy the surplus room. SEC. 4092. Females may be received as beneficiaries. (Act March 18, 1889, amending sec. 5, act March 30, 1887.) 4093. The faculty of said university shall consist of a president and such professors as the board of trustees may deem necessary, whose compensation shall be fixed by the board of trustees. One of said professors shall be styled the super- intendent of agriculture, whose duty it shall be to supervise the agricultural department, and to perform such other duties as may be necessary in order to impart a theoretical and practical knowledge of the science of agriculture to the stmients over whom he shall have control. One of said professors shall be styled the superintendent of mechanic arts, whose duty it shall be to supervise the 20 EDUCATION EEPORT, 1901-1902. mechanical department, and to perform such other duties as may be necessary in order to impart to those under his care a theoretical and practical knowledge of the mechanic arts: Provided, The board of trustees may employ such assistants as they may deem necessary, whose compensation shall be fixed by said board of trustees: And provided, The manner of payment of all salaries shall be regulated by said board. (Act March 31, 1891, amending sec. 8, act March 30, 1887.) SEC. 4094. The salary of president of the faculty shall be $2,000 per annum, paya- ble quarterly; that of professors and superintendents, each the sum of $1,500 per annum, payable quarterly, except the superintendent of agriculture and the superintendent of mechanic arts, which shall be $1,600 each. (Act March 30, 1887, section 9.) SEC. 4095. The course of study in said university shall embrace agricultural chemistry, animal and vegetable anatomy, and physiology, the application of science and the mechanic arts to practical agriculture in the field, veterinary arts, entomology, rural and household economy and horticulture, practical mechanic arts as tatight in the workshops, the English language and literature, mathe- matics, civil engineering, philosophy, history, and bookkeeping; including military tactics and such other branches of study as the board of trustees may prescribe. SEC. 4096. Each male student below the sophomore class shall be compelled, as a part of his education, to work at least two hours each school day, either in the field or workshop, under the direction of their respective superintendents; the labor to be paid for at such rate as may be prescribed by the board of trustees, to be applied to the board of such students: Provided, Any student may be allowed to do extra work with the consent of the faculty and receive pay for the same. (Act March 31, 1891, amending section 6, act March 30, 1887.) SEC. 4097. The board of trustees shall direct, order, and restrict all improve- ments made on the farm, such as repairing and building fences, repairing and building houses, buying stock, utensils, etc., repairing and resetting fruit trees, etc., all of which shall be done in a practical and economical way: Provided, As far as practicable all labor to be performed on or about said farm shall be done by the students of the university. Sec. 4098. The proceeds arising from the sale of the products of the agricultural and mechanical departments shall constitute a fund out of which to pay for the labor performed by the students in said departments. SEC. 4099. No student shall be allowed more than 10 nor less than 3 cents per hour for his labor. SEC. 4100. By a special act of date March 30, 1883, and an amendment thereto, April 9, 1891, a prohibition district of 3 miles is established with the university as the center. The selling and giving away of spirituous, vinous, or malt liquors is forbidden unless the same is given by a physician as medicine, and not by him except under the restrictions of the act. Anyone interested in the sales, or suf- fering the liquors to be sold in a house owned or controlled by them, shall like- wise be guilty. Stringent provisions for the prosecution and detection of such sales are provided by the acts aforesaid. SEC. 3401. It shall be the duty of the superintendent of agriculture [professor of chemistry, act April 9, 1895] at the experimental station of the university [at the State university, ib.] to make or cause to be made a chemical analysis of every sample of commercial fertilizer so furnished him, and he shall issue a certifi- cate to the person or company so furnishing said sample, setting forth that said analysis is a true and complete analysis of the sample furnished him of such brand of fertilizer, giving the per cent of ammonia, potash, and available [soluble, reverted, and insoluble, act April 9, 1895] phosphoric acid of such sample of com- mercial fertilizer so furnished, and all other available fertilizing ingredients in said sample. SEC. 3402. Every package of commercial fertilizer offered for sale within the State whose value is more than $10 per ton must have placed upon or securely attached to each package by the manufacturer a guarantee analysis ' which shall substantially correspond with the analysis of the sample of same brand so furnished the superintendent of agriculture [professor of chemistry, act April 9, 1895]. SEC. 3404. The superintendent [professor of chemistry, act April 9, 1895] of the State university shall receive for analyzing a fertilizer and affixing his certificate thereto the sum of $15 for each and every brand of fertilizer analyzed for any . _^____________ o Note by the editors of the digest: "This provision is apparently in conflict with the act of March 31, 1891, section 4096, but as the same provision was in section 6, act of March 30, 1887, of which section 4096 is an amendment, it seems to have been the legislative intent that the two provisions be harmonized, both being in the same act. LAWS RELATING TO LAND-GRANT COLLEGES. 21 manufacturer or vendor; but any agriculturist of the State or purchaser of any commercial fertilizer in this State may take a sample of the same, under the rules and directions of the said superintendent of agriculture [professor of chemistry, act April 9, 1895] at the said experiment station, and forward same to said super- intendent of agriculture [professor of chemistry] for analysis, which analysis shall be made free of charge. (Act March 8, 1889.) Act approved April 19, 1895, section 4088 supra, was amended to read thus: SEC. 4088. It shall be the duty of the board of trustees to apportion the number of beneficiaries who shall be admitted as students in the university without tuition among the several counties of the State according to population and to notify the county judge of each county of the number apportioned to the county at least two months prior to the beginning of each regular annual session of the school; and it shall be the duty of the county judge to appoint from the actual residents of the county the number of beneficiaries to which it may be entitled, a preference being given to those noted for diligence and proficiency in study, and the appoint- ments so made shall be entered of record. If the judge of any county shall fail to appoint its quota of beneficiaries, or if those appointed shall fail to attend, the president of the university shall appoint such beneficiaries to the full number authorized by law from other counties having their full quota: Provided, Such appointments slmll be vacated on application of the county judge of a county so i'ailii.'g to fill its quota. Act approved May 23, 1901: SECTION 1. Whereas the State of Arkansas now holds $30,000 of bonds issued by the city of Fayetteville, in trust as a permanent endowment fund for the University of Arkansas, and whereas said bonds mature on the 1st day of January, 1902, and whereas the city of Fayetteville will be enabled to m t the entire obligation, now therefore the State treasurer is hereby authorized to surrender such number of said bonds to the city of Fayetteville as it may be able to pay and does pay when such bonds mature. Si.( . 2. The city of Fayetteville is a uthorized and empowered to issue new 5 per cent bonds, payable in twenty years, or at the option of said city in five years, in lieu of the 1>< >n. Upon such examinations each professor and instructor of that course may cast one vote, by ballot, upon each application for recommendation to the board of regents for a degree. SEC. 1400. Graduates of the College of California and of any incorporated col- iffiliat+'d with the university may receive the degrees from and rank as graduates of the university. Sr.r. 1401. The board of regents may also confer certificates of proficiency in any branch of study upon such students of the university as upon examination are found entitled to the same. 1402. The proper degree of each college must be conferred at the end of the course upon such students as, having completed the same, are found proficient therein. Si:r. 1403. The degree of bachelor of arts, and afterwards the degree of master of arts, in usual emirs must be conferred upon the gradutes of the college of letters. . 1404. A system of moderate manual labor must be established in connection with the agricultural college, upon its agricultural and ornamental grounds, for practical education in agricultural and landscape gardening. SEC. 140.}. No sectarian, political, or partisan test must ever be allowed or exer- cised in the appointment of regents, or in the election of professors, teachers, or other officers of the university, or in the admission of students thereto, or for any purpose whatsoever; nor must the majority of the board of regents be of any one religious sect or of no religious belief. SEC. 1415. The endowment of the university is 1. The proceeds of the sale of the 72 sections of land granted to the State for a seminary of learning. 2. The proceeds of the 10 sections of land granted to the State for public buildings. 3. The income derived from the investments of the proceeds of the sale of the lands or of the scrip therefor, or of any part thereof, granted to this State for the endowment, support, and maintenance of at least one college where the leading object shall be without excluding other scientific and classical studies and includ- ing military tactics to teach such branches of learning as are related to agricul- ture and the mechanic arts. 4. The income of the fund set apart by "An act for the endowment of the ' Uni- versity of California,' " approved April 2, 1870, which is continued in force. [An act for the endowment of the University of California. Chapter CCCCLX: The treasurer of the State shall place to the credit of the university fund so much of any moneys that may be 24 EDUCATION REPORT, 1901-1902. received by him from the net proceeds of ^ale of any salt marsh and tide lands lying in and around the Bay of San Francisco belonging to the State of California as, being invested in the bonds of said State or of the United States, shall yield an annual income of !goO,7. The plan adopted in the construction of buildings must provide separate buildings for separate 11868, and so group all such buildings that a central building may bring the whole in harmony as part of one design. . 143s. v Phe construction and furnishing of the buildings must be let out to the lowot rcMiunsible bidder, after advertisement for not less than ten days in at least two daily in -wspapers published in the city of San Francisco; but the regents may reject any bid and advertise anew. . 1439. Until the university buildings are ready for use the regents may make temporary arrangements for buildings at Oakland. SEC. 1449. A practical agriculturist, competent to superintend the working of the agricultural farm, and to discharge the duties of secretary of the board of regents, must be chosen by the board as their secretary. . 1450. The Secretary must 1 . Reside and keep his office at the seat of the university. 2. Keep a record of the transactions of the board of regents, which must be open at all times to the inspection of any citizens of this State. 3. Have the custody of all books, papers, documents, and other property which may be deposited in his office. 4. Keep and file all reports and communications which may be made to the uni- versity appertaining to oducnti. 11. science, art, husbandry, mechanics, or mining. 5. Address circulars to societies and others soliciting information upon the latest and best modes of culture of the products adapted to the soil and climate of the State, and on all subjects connected with field culture, horticulture, stock raising, and the dairy. (>. Correspond with established schools of mining and metallurgy in Europe, and obtain information respecting the improvements of mining machinery adapted to California. 7. Correspond with the Patent Office at Washington and with the representa- tives of the Government of the United States abroad, to procure contributions from these sources; receive and distribute seeds, plants, shrubbery, and trees adapted to our climate and soils, for the purposes of experiment. 8. Obtain contributions to the museums and the library of % the university. 9. Keep a correct account of all the executive acts of the president of the university. 10. Keep an accurate account of all moneys received into the treasury or paid therefrom. 1 1 . Distribute the seeds, plants, trees, and shrubbery received by him, and not needed by the university, equally throughout the State, to farmers and others who will agree to cultivate them properly and return to the secretary's office a reasonable proportion of the products thereof, with a statement of the mode of cultivation, and such other information as may be necessary to ascertain their value for cultivation in the State. 12. Publish from time to time in the newspapers of the State, free of charge, information relating to agriculture, the mechanic arts, mining and metallurgy. SEC. 1451 . The secretary holds office at the pleasure of and receives the compensa- tion fixed by the board. SEC. 1461, The academic senate is composed of the faculties and instructors of the university. 26 EDUCATION REPORT, 1901-1902. SEC. 1462. The senate must conduct the general administration of the university, regulate the general and special courses of instruction, receive and determine all appeals from acts of discipline enforced by the faculty of any college, and exer- cise such other powers as the board of regents may confer upon it. SEC. 1463. Its proceedings must be conducted according to rules of order adopted by it, and every person engaged in instruction in the university may participate in its discussions; but the right of voting is confined to the president and the professors. SEC. 1473. The students of the university must be organized into a body known as the " university cadets." SEC. 1474. The officers of cadets, between and including the ranks of second lieutenant and colonel, must be selected by the chief military instructor, with the assent of the president of the university, and must be commissioned by the governor. SEC. 1475. The adjutant-general of the State must issue such arms, munitions, accouterments, and equipments to the university cadets as the board of regents may require and the governor approve. SEC. 1476. Upon graduating or retiring from the university, such officers may resign their commissions or hold the same as retired officers of the university cadets, liable to be called into service by the governor in case of war, invasion, insurrection, or rebellion. SEC. 1477. The military instructor must make quarterly reports to the adjutant- general of the State, showing the number, discipline, and equipments of the cadets. SEC. 3533. The regents of the university may order the selection of the 150,000 acres of land granted to the State for the use of an agricultural college, and dis- pose of the same at the price and in the manner fixed by them. SEC. 3534. The land agent of the university, as the agent of the State, must select the lands according to the instructions of the board, and issjie certificates of purchase and patents to purchasers who comply with the conditions fixed by the board; and the regents must invest all moneys accruing from the sale of lands as they may deem best, subject to the conditions of the act of Congress granting such lands. SEC. 3535. All moneys, securities, or other properties arising from the sale of the 72 sections granted to the State for a seminary of learning, and from the sale of the 10 sections granted to the State for the erection of public buildings, must be paid out of the State treasury on the order of the regents of the university. SEC. 3536. All persons who have purchased any portion of either of the grants mentioned in the preceding section, and who have not paid in full therefor must be included in the delinquent list, and the district attorney must proceed against such delinquents as provided in sections 3547 and 3548, and the provisions of sec- tions 3548 to 3556 inclusive, are made applicable to such proceedings. If such lands revert to the State, they pass under the control of and may be sold by the board of regents of the university. SEC. 332. All officers, boards of officers, commissioners, trustees, regents, and directors required by law to make reports to the governor or legislature, except the controller of State, must send the original draft of such reports to the gover- nor before the loth day of September in the year 1892, and in every second year thereafter. SEC. 334. The superintendent of State printing must print such reports or such part or parts of said reports as may be ordered by the State board of examiners, in a manner to be designated by said board, before the first Monday in December next after receipt thereof, except the report of the State comptroller, etc. SEC. 336. All reports must be printed in the English language. SEC. 550. The geological and other specimens collected by the State geological survey must, excepting such as may be required by the State geologist to aid in the preparation of his report, be delivered over to the agents of the State Univer- sity, to be by them deposited in the cabinet of the same as the property of the university. Statutes, 1889, Chapter XVII: Whereas, by section 9 of an act to establish agri- cultural experiment stations in connection with the colleges established in the several States, it is provided that the grants of moneys authorized by this act are made subject to the legislative assent of the several States and Territories to the purposes of said grants; therefore be it resolved, that the State of California does hereby assent to the grants named in said act, approved March 2, 1887, and to the conditions thereof, for and on behalf of the State of California and the board of regents of the University of the State of California. And be it further resolved that the State of California does hereby specifically designate ' ' The board of LAWS RELATING TO LAND-GRANT COLLEGES. 27 regents of the University of California/' a corporation organized and existing under the laws of California, and controlling the University of California, the only institution in this State established in accordance with the provisions of an act^approved July 2, 1862, as the institution to which this grant is by law assigned for the benefit of agricultural experiment stations connected with the said uni- versity. Be.it further resolved, that his excellency the governor of California be requested to transmit to the Secretary of the Treasury of the United States a copy of these resolutions, duly certified by the secretary of state. Statutes, 1869-70. Act to amend the act of March 28, 1868, providing for the management and sale of the lands belonging to the State, approved April 4, 1870: SEC. 60. The board of directors of the Agricultural. Mining, and Mechanical Arts College, or such corporations as may be appointed by law to succeed them, shall have power to order the selection of the grant of 150.000 acres of land granted to the Statafor the use of an agricultural college, and dispose of the same at such price and in such manner as they shall deem best for the interests of the college, and it shall be the duty of the land agent of the university, as the agent of the State, to select the lands in the United States land offices, according to the instruc- tions of said board or corporation; and it shall be the duty of the said land agent to issue certificates of purchase and patent to purchasers who comply with the conditions ordained by the said board or corporation, in the manner prescribed in sections 4 and 5 of this act; and the said board or corporation shall invest any and all moneys accruing from the sale of said lands as they shall deem best, sub- ject only to the conditions of the act of Congress granting such lands. In a case (White ' Douglass) involviiig the ownership of lands held by the State as trustee or agent of tin; grant made for the establishment of an institution or institutions for the benefit of agriculture and mechanic arts, July 2, 1862, the supreme court decided that under the Con- nal grant to the State of lands for the use of an agricultural college, the State, as owner t tin- grant, bad the right to select the lands from surveyed or unsurveyed public lands of the United stat-s, subject to preemption and sale, within the limits of the State, and to prescribe how the selection should be made, and to whom, and in what manner the lands would be add. < 71 Calif., St-i In a - ;isi- decided by ' e court January 16, 1883 (Hollister v. Sherman, tax collector), it was it all property administered by the regents of the State University is exempt from taxes, and a deed or the tax collector ou a sale of property so administered under an assessment against the regents would be void on its face. In People v. Supervisors this was reaffirmed. "In our opinion the value of the mortgage to the regents of the university was properly deducted from the full v.-iluo of tho property." In Luiidy r . Da ! , ts of the University of California, under the organic ad of March 2B, 1M8, ana the subsequent steps taken by them to incorporate, became and are a corporation. 11 2. Tl . -f the University of California are not individually liable for the damage done -;>. p. i>~.) In view of these statutory and constitutional provisions, we do not donotthatitwastl ' the regents, of an equivalent security, the money. With that the respondent had nothing to do. Nor can we pass upon that question in this proceeding. We might give our individual views on it, but we more than doubt the pro- priety of doing so. The only question which we can decide is whether, upon tho face of the facts disclosed by the record, a writ should issue as prayed. The fact of a proper demand hav- ing been made on the respondent, and his having refused to perform a duty plainly devolved on him by law, entitles the petitioners to the writ [mandamus]." COLORADO. Constitution (1876) , Article VIII, State Institutions: SECTION 1. Charitable insti- tutions established: 1. Educational, reformatory, and penal institutions, and those for the benefit of the insane, blind, deaf, and mute, and such other institutions as the public good may require, shall be established and supported by the State, in such manner as may be prescribed by law. Article IX: SEC. 7. Aid to sectarian schools, [or] churches forbidden. Neither the general assembly, nor any county, city, town, township, school district, or other public corporation shall ever make any appropriation, or pay from any 28 EDUCATION EEPOET, 1901-1902. public fund or moneys whatever, anything in aid of any church or sectarian society, academy, seminary, college, university, or other literary or scientific institution controlled by any church or sectarian denomination whatsoever; nor shall any grant or donation of land, money, or other personal property ever be made by the State, or any such public corporation, to any church for sectarian purposes. SEC. 8. Religious test forbidden, etc. No religious test or qualification shall ever be required of any person as a condition of admission into any public educa- tional institution of the State, either as teacher or student; and no teacher or student of any such institution shall ever be required to attend or participate in any religious service whatever. No sectarian tenets or doctrines shall ever be taught in the public schools, nor shall any distinction or classification of pupils be made on account of race or color. Article VIII: SEC. 5. Territorial institutions become State institutions. The following Territorial institutions, to wit, the University at Boulder, the Agri- cultural College at Fort Collins, the School of Mines at Golden, the Institute for the Education of Mutes at Colorado Springs, shall, upon the adoption of this con- stitution, become institutions of the State of Colorado, and the management thereof subject to the control of the State, under such laws and regulations as the general assembly shall provide, and the location of said institutions, as well as all gifts, grants, and appropriations of money and property, real and personal, here- tofore made to said several institutions, are hereby confirmed to the use and benefit of the same, respectively: Provided, This section shall not apply to any institution, the property, real or personal, of which is now vested in the trustees thereof, until such property be transferred by proper conveyance, together with the con- trol thereof, to the officers provided for the management of said institution by this constitution or by law. [In response to a senate resoluti9n to this effect, to wit: Doubt exists as to the meaning of sections, Article VIII, of the constitution, the supreme court said: "We call attention to sec- tion 2 and section 4 of the article (these fix the seat of government and its capitol building). If the framers of the constitution had not regarded section 5 as permanently locating the institu- tions named, it is reasonable to suppose that they would have made some explicit provision with regard to their permanent location. * * * The absence of such provisions supports the construction which we have given. It follows that the locations of the institutions named, or of any one of them, can not be changed except by an amendment to the constitution." (December term, 1886, 9 Col., p. 628.)] [The following matter has been taken from Mills' Annotated Statutes (1891 ed.) and the supplement thereto, "including * * * all laws not in volumes 1 and 2, to January 1, 1897." By J. Warner Mills. Denver, 1897.] Chapter 2, division 1, Agricultural College: SEC. 36. That to provide a fund for the support and maintenance of the State Agricultural College, located at Fort Collins, there shall be assessed and levied annually upon all taxable property in this State the following tax, to wit: One-fifth of 1 mill on each dollar of "the yearly assessed value of such property, which shall be known as the " agricultural college " tax, and shall be levied and collected at the same time and in the same manner provided by law for the assessment and collection of State taxes. SEC. 37. It shall be the duty of every county treasurer in this State to provide suitable books, in which shall be entered an account of all taxes collected in pur- suance of this act. He shall also enter in said book an account of all money trans- mitted to the State treasurer on account of said fund, as hereinafter provided. SEC. 38. The fund so created shall be applied exclusively for the support of the Agricultural College of this State, and for the erection of such buildings as by the State board of agriculture shall be deemed advisable. , SEC. 39. It shall be the duty of the county treasurer in the several counties to preserve the agricultural college fund, as provided by this act, as a separate fund, and to transmit the same monthly to the treasurer of the State, who shall keep the same as an agricultural college fund, to be at the disposal of the State board of agriculture, as provided by this act. SEC. 40. Whenever there shall be any money in the hands of the State treasurer to the credit of the agricultural college fund, deemed sufficient by the State board of agriculture to commence the erection of an agricultural college, the auditor of State is hereby authorized to draw his warrant upon the treasurer of the State in favor of the treasurer of said State board of agriculture, in such sums as said board shall deem necessary to carry on the erection or running expenses of said college: Provided, That nothing herein shall be construed as authorizing or empowering said board to create any indebtedness, in any year, beyond the tax so levied in that year for that purpose. SEC. 41. The auditor of State shall draw his warrant upon the fund herein pro- vided for, upon bills approved by the president of the State board of agriculture, LAWS RELATING TO LAND-GRANT COLLEGES. 29 countersigned by the secretary of said board, to defray the lawful expenses incurred in building and supporting the agricultural college. [The matter contained in section 36 to section 41, inclusive, was repealed by an act approved Maf'-h 17, ltt'1. This art increased the tax to one-sixth of a mill for each of four State educational institutions, of which the Agricultural College was one, but the act was declared unconstitutional by the supreme court of Colorado.] SEC. 42. This act shall not take effect unless the fee-simple title to the real estate known as the Agricultural College of Colorado shall, within ninety days from the passage of this act, be vested in said State board of agriculture free of any condi- tion whatever. When the said title shall be so vested, it shall be the duty of the attorney-general to certify such fact in writing to the State auditor, and the State auditor shall notify the county clerks of the several counties of this State of the same", in order that the tax herein provided may be properly levied and assessed. SEC. 43. That for the purpose of further carrying out the "provisions of the act of Congress approved July 2, 1862, in relation to agricultural colleges, the mili- tary body known as the Agricultural College Cadets, of the Colorado Agricultural College, is hereby organized as an auxiliary branch of the Colorado National Guard, and is placed upon the same footing as regards arms, ammunition, and < amp and garrison -equipage as the Colorado National Guard. . 44. That the proper officers of said Colorado National Guard are hereby authorized and directed to honor the requisition of the commanding officer of said Agricultural College Cadets, under such rules and regulations as may hereafter be ribed by the State military board and the State board of agriculture, when countersigned by the president of said college, for 10 rounds of ammunition per year for each member of said military body, and for such camp and garrison equipage as may be y for the proper' instruction of said body in all that .ins to the practical duties of soldiers in camp. Si : '. Ha. The cadets of the State Agricultural College shall be attached to the Colorado National Guard, under snch rules and regulations as may hereafter be ribed by the State military board and the State board of agriculture. 4o. That for the furtherance and promotion of the agricultural interests of the State, an agricultural experimental station shall be established in that section w in this latitude : also the most economical method of producing the best results in growing such crops with and without irrigation. And in aid of these objects the board of agriculture may select land (not to exceed 200 acres) in the San Luis Valley out of the State lands there found for this purpose, and shall appoint three local trustees for the management of the same. And in aid of these objects the board of agriculture may select land (not to exceed 200 acres) in the Arkansas Valley, in the county of Bent, out of the State lands there found for this purpose, and shall appoint three local trustees for the management of the same. And in further aid of these objects the board of agriculture may select lands to the extent of 200 acres in the valley of Uncompahgre River, or the valley of the Gunnison River, or the valley of the North Fork of tfce Gunnison River, in Delta County, State of Colorado, for the purpose of an experimental agricultural station as herein provided, and shall appoint three local trustees to manage the same, such lands to be selected from State lands or secured by purchase, gift, or donation, as the board of agriculture may decide. SEC. 49. The proceeds arising from the sale of products of said farms shall be applied in the liquidation of the running expenses, and all moneys so accruing 30 EDUCATION KEPOKT, 1901-1902. shall be credited as coming from the State and be applied as part or whole pay- ment of any amount which may be appropriated from the funds of the State for the maintenance of said farm or station. SEC. 50. To enable the State board of agriculture to carry out the provisions of this act, they are hereby authorized to expend such amount as they may deem necessary, in establishing the above-described stations, out of any moneys which may accrue to the State by action of the Congress of the United States for the pur- pose of establishing agricultural experiment stations in the various States and Territories of the United States. SEC. 50a. That for the furtherance and promotion of the agricultural interests of this State an agricultural experiment station shall be established in the eastern half of Cheyenne County, the precise location to be determined as hereinafter provided. SEC. 50b. The State board of agriculture is authorized to select the necessary lands and secure the same by gift or donation, and to make all necessary improve- ments in the way of buildings and fences, and to take such steps as they may deem necessary to successfully establish said station: Provided, That a site, containing not less than one quarter section of land, and $1,200 for equipping said station, be donated for this purpose by the community in which the same is located; and for the purpose of erecting said buildings and fences and of making all other nec- essary improvements for said station the sum of $2,500 is hereby appropriated out of the internal permanent improvement fund of the State. SEC. 50c. The State board of agriculture shall have absolute control and super- vision of said farm. They shall appoint a superintendent and such other officers and employees as they may deem necessary to carry on successfully the said farm. They shall have power to fix salaries and all compensation of employees and they are hereby empowered to make such rules and regulations as may to them appear necessary and expedient. They shall appoint three resident trustees, who shall act without compensation, except, when it becomes necessary, they may be allowed traveling expenses in the discharge of their duties. SEC. 50d. The object of this agricultural experiment station shall be to deter- mine the adaptability of crops of grain, grasses, root crops, and all other growths which may grow in this latitude; also the most economical methods t of produc- ing the best results in growing such crops without irrigation. SEC. 50e. The proceeds arising from the sale of the products of said farm and from all other sources shall be paid to the treasurer of the board, and by the board disbursed for the use and benefit of said station. SEC. 50f. To enable the State board of agriculture to carry out the provisions of this act, they are hereby authorized to expend such amount as they may deem necessary, in establishing the above-described station, out of any moneys which may accrue to the State by the action of Congress of the United States for the purpose of establishing agricultural experiment stations in the various States and Territories of the United States. SEC. 51. That full and complete acceptance, ratification, and assent is hereby made and given by the State of Colorado to all of the provisions, terms, grants, and conditions, and purposes of the grants made and prescribed by the act of the Congress of the United States entitled "An act to establish agricultural experi- ment stations in connection with the colleges established in the several States under the provisions of an act approved July 2, 1862, and of the acts supplemen- tary thereto." SEC. 52. The State board of agriculture shall have the control of the fund appropriated by the said act of Congress, and shall disburse the same for the use and benefit of the agricultural experiment station department of the State agri- cultural college, and in accordance with the terms and provisions of said act of Congress. SEC. 52a. Full and complete acceptance, ratification, and assent is hereby made stad given by the State of Colorado to all of the provisions, terms, grants, and conditions, and purposes of the grants made and prescribed by the act of Con- gress of the United States entitled "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provi- sions of an act of Congress approved July 2, 1862." SEC. 52b. The State board of agriculture shall have the control of the fund appro- priated by the said act of Congress, and shall disburse the same for the use and benefit of the State agricultural college, and in accordance with the terms and provisions of said act of Congress. LAWS RELATING TO LAND-GRANT COLLEGES. 31 CONNECTICUT. [The following matter is taken from the General Statutes of Connecticut, Revision of 1887, published by the authority of the State, Hartford, Conn.] SEC. 2252. Any person who shall give credit to a minor student of any college or university of this State without the written consent of his parent or guardian, or of an authorized officer of such institution, shall be fined not less than $20 nor more than ] SEC. 2253. (Repealed by act 1889, Chap. LIT, q. v.) The bonds of this State indorsed and known as agricultural college bonds, and consti tilting the capital of the agricultural college fund, shall not be transferable except by a special act of the general assembly, but shall remain in the custody of the commissioner of the school fund; and the treasurer and said commissioner are hereby authorized to invest any money now in their hands, or that hereafter may come into their hands, belonging to the principal of said fund in any securities, except personal securi- ties, in which by law the savings banks of this State may invest. Said commis- sioner shall seiniannually receive and pay over the interest accruing upon said fund to the president and fellows of Yale College, for the purposes and on the conditions hereinafter set forth; and the treasurer shall pay interest at the rate of 5 per cent per annum on the principal of the agricultural college fund remain- ing in the treasury uninvested. SEC'. 22.YJ. Said corporation shall devote the interest upon said fund wholly and exclusively to the maintenance, in that department of Yale College known as the Sheffield Scientific School, of such courses of instruction as shall carry out the intent of the act of Congress entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts." approved July 2, 1862, in the manner specially pre- scribed in the fourth section of said act. 2255. Said corporation shall furnish gratuitous education in said courses of instruct!* >n to such citizens of this State as shall be annually nominated to be pupils of said school, in such manner as the general assembly shall prescribe. Their number shall be, in each year, such as would expend a sum equal to half said interest for the same year, in paying for their instruction in said school, if they were required to pay for it at the regular rates charged to its other pupils for the same year. Said pupils, so nominated and received, shall be admitted into said school upon the same terms and subject to the same rules and discipline which shall apply to all its other pupils, except that they shall pay nothing for heir instruction." SEC. 2256. Said corporation shall annually make up and distribute the reports required by the fourth paragraph of the fifth section of the act of Congress desig- nated in section 225-1. 2257. The governor, lieutenant-governor, the three senior senators, and the ary of the board of education shall constitute a board of visitors, who shall visit said school in each year, and report thereon to the general assembly at each regular session. . 225s. Said visitors, with the secretary of the Sheffield Scientific School, shall constitute an appointing board, who shall select from such candidates as shall offer themselves those who shall be entitled to receive the gratuitous instruc- tion in said >chool. SEC. 2259. If there are more applications for the bounty of the State than there are vacancies to be filled on the part of the State, said board shall give the prefer- ence to such young men as are fitting themselves for agricultural, mechanical, or manufacturing occupations in life, and may have become orphans through the death of a parent in the naval or military service of the United States, and next to them, to such as are most in need of pecuniary assistance; and shall provide that the appointments shall be distributed, as far as practicable, among the sev- eral counties of the State, in proportion to their population. SEC. 2260. The secretary of said school shall also be the secretary of said appointing board, and shall record their transactions, and shall, at least one month before the close of each academic year in said school, cause to be published in at least one newspaper in every county in this State an advertisement specifying the number of pupils entitled by law to be admitted into said school for gratui- tous instruction during the ensuing academic year, and designating the time and manner in which application for admission may be made to said appointing board. SEC. 1716. [Amended by section 2 of act of 1893, Chapter LXVII, also by act of 1899, chapter 169.] The Storrs Agricultural School shall remain an institution for the education of boys whose parents are citizens of this State in such branches of 32 EDUCATION REPORT, 1901-1902. scientific knowledge as shall tend to increase their proficiency in the business of agriculture. SEC. 1717. [See act 1901, chapter 70.] There shall be appointed by the senate six trustees of said school. During the session of the general assembly of 1889 the senate shall appoint three of said trustees who shall hold office for four years, and three who shall hold office for two years, and biennually thereafter "three trustees shall be so appointed, who shall hold office for the term of four years from and after the 1st day of July next succeeding their appointment. The Con- necticut board of agriculture shall also annually elect a trustee, and the director of the Connecticut Agricultural Experiment Station shall be ex officio one of said trustees. SEC. 1718. Said board of trustees are empowered to take and hold in behalf of the State of Connecticut deeds of such lands and other property and such money as may be donated for the purpose of establishing and maintaining said school. SEC. 1719. To said board of trustees shall be committed the location of said school, the application of the funds for the support thereof, the appointment of managers and teachers, and the removal of the same, the power to prescribe the studies and exercises of pupils in said school, rules for its management, and the admission of pupils; and they shall annually report to the governor the condition of said school, and such annual reports shall be submitted to the general assem- bly at its regular sessions. SEC. 831. [See Public Acts, 1899, chapter 147 post.] The comptroller shall cause to be printed, at the expense of the State, annually such numbers of copies of each of the following annual reports as is hereinafter stated; that is to say: * * * of the Storrs Agricultural School, 1,000; * * * of the report of the board of visitors of the Sheffield Scientific School, 1,000 copies. SEC. 380. The estimates for the different classes of expenditures shall be made as follows, to wit: * * * for the State board of agriculture, the State experi- ment station, the Storrs Agricultural School, * * * by the secretary of the State board of agriculture. SEC. 1710. The Connecticut Agricultural Experiment Station shall remain as now established, and its management shall be committed to a board of control, to consist of eight members, one member to be selected by the State board of agriculture, one member by the State Agricultural Society, one member by the governing board of the Sheffield Scientific School at New Haven, one member by the board of trustees of the Wesley an University at Middletown, and two mem- bers to be appointed by the governor. The governor and the person appointed, as hereinafter provided, to be the director of the station shall also be ex officio members of the board of control, and the members of the board shall continue in office for the term of three years from the 1st day of July next succeeding their appointment. SEC. 1711. Said board shall choose from among their number a secretary and a treasurer, each of whom shall be elected annually, and shall hold their respec- tive offices one year, and until the choice of their successors. Five members of said board shall constitute a quorum. Ssc. 1712. Said board shall meet annually on the third Tuesday in January in each year, at such place in the city of Hartford as may be designated by the pres- ident of said board, and at such other times and places, upon the call of the pres- ident, as may be deemed necessary, and may fill vacancies which may occur in the offices of said board. SEC. 1713. Said board of control shall locate and have the general management of the institution, and shall appoint a director, who shall have the general man- agement and oversight of the experiments and investigations which shall be nec- essary to accomplish the objects of said institution, and shall employ competent and suitable chemists and other persons necessary to the carrying on^of the work of the station. It shall have power to own such real and personal estate as may be necessary for carrying on its work, and to receive title to the same by deed, devise, or bequest. It shall expend all moneys appropriated by the State in the prosecution of the work for which said institution is established, and shall use for the same purpose the income from all funds and endowments which it may receive from other sources, and may sue and be sued, plead and be impleaded in all courts by the name- of The Connecticut Agricultural Experiment Station. It shall make an annual report to the governor, which shall not exceed 200 [400 by act of 1893, Ch. XVIII] printed pages, and such annual reports shall be submitted to the general assembly at its regular sessions. SEC. 1714. The sum of $8,000 annually is hereby appropriated to said Connecti- cut Agricultural Experiment Station, which shall be paid in equal quarterly installments to the treasurer of said board of control upon the order of the comp- LAWS RELATING TO LAND-GRANT COLLEGES. 33 troller, who is hereby directed to draw his order for the same; and the treasurer of said board of control shall be required, before entering upon the duties of his office, to give a bond with surety to the treasurer of the State of Connecticut in the sum of $10,000 for the faithful discharge of his duties as such treasurer. SEC. 1715. Upon the death or resignation of any of the members of the board of control the authority or institution by which such deceased member was origi- nally appointed shall fill the vacancy so occasioned. SEC. 4005. Every person or company who shall sell, offer, or expose for sale in this State any commercial fertilizer or manure the retail price of which is $10 or more than $10 per ton shall affix conspicuously to every package thereof a plainly printed statement, clearly and truly certifying the number of net pounds of fer- tilizer in the package, the name, brand, or trade-mark under which the fertilizer is sold, the name and address of the manufacturer, the place of manufacture, and the chemical composition of the fertilizer expressed in the terms and manner approved and currently employed by the Connecticut Agricultural Experiment Station. If any such fertilizer be sold in bulk, such printed statement shall accompany every lot and parcel sold, offered, or exposed for sale. SEC. 4006. Before any .commercial fertilizer the retail price of which is $10 or more than $10 per ton is sold, offered, or exposed for sale the manufacturer, importer, or party who causes it to be sold or offered for sale within this State shall file with the director of the Connecticut Agricultural Experiment Station two certified copies of the statement named in the preceding section, and shall deposit with said director a sealed glass jar or bottle containing not less than one pound of the fertilizer, accompanied by an affidavit that it is a fair average sample thereof. SEC. 4007. The manufacturer, importer, agent, or seller of any commercial fer- tilizer the retail price of which is $10 or more than $10 per ton shall pay, on or before the 1st of May annually, to the director of the Connecticut Agricultural Experiment Station an analysis fee of $10 for each of the fertilizing ingredients contained or claimed to rxist in said fertilizer: Provided, That when the manu- facturer or import* -r shall Lave paid the fee required for any persons acting as uicctits or sellers for such manufacturer or importer, such agents or sellers shall not be required to pay the fee named in this section. SEC. 4008. Every person in this State who sells or acts as local agent for the sale of any commercial fertilizer of whatever kind or price shall annually or at the time of becoming such seller or agent, report to the director of the Connecti- cut Agricultural Experiment Station his name, residence, and post-office address, and the name and brand of said fertilizer, with the name and address of the manu- facturer, importer, or party from whom such fertilizer was obtained, and sis ail on demand of the director of the Connecticut Agriciiltural Experiment Station deliver to paid director a sample suitable for analysis of any such fertilizer or manure then and there sold or offered for sale by said seller or agent. . 4009. No person or party shall sell, offer, or expose for sale in this State any pulverized leather, raw. rteamed, roasted, or in any form, as a fertilizer or as an ingredient of any fertilizer or manure, without explicit printed certificate of the fact, such certificate to be conspicuously affixed to every package of such fertilizer or manure, and to accompany every parcel or lot of the same. SKC. 4010. Every manufacturer of fish guano, or fertilizers of which the princi- pal ingredient is fish or fish mass from which the oil has been extracted, shall, before manufacturing or heating the same and within thirty-six hours from the time such fish or mass has been delivered to him, treat the same with sulphuric acid or other chemical approved by the director of said experiment station in such quantity as to arrest decomposition: Provided, however, That in lieu of such treatment snc -h manufacturers may provide a means for consuming ail smoke and vapors arising from such fertilizers during the process of manufacture. . 4011. Any person violating any provision of the foregoing sections of this chapter shall be* fined $100 for the first offense and $200 for each subsequent vio- lation. SKC. 4012. This chapter shall not affect parties manufacturing or purchasing fertilizers for their own private use and not to sell in this State. SEC. 4013. The director of the Connecticut Agricultural Experiment Station shall pay the analysis fees received by him into the treasury of the station, and shall cause one or more analyses of each fertilizer to be made and published annually. Said director is hereby authorized, in person or by deputy, to take sam- ples for analysis from any lot or package of manure or fertilizer which may be in the possession of any dealer. SEC'. 4014. The director of the Connecticut Agricultural Experiment Station ED 1902 3 34 EDUCATION REPORT, 190M902. V shall, from time to time, as bulletins of said station may be issued, mail or causa to be mailed two copies, at least, of such bulletins to each post-office in the State. Public Acts 1889, Chapter LII: SECTION 1. The treasurer and the commissioner of the school fund shall invest the principal of the agricultural-college fund of this State in any securities, except personal securities, in which by law the savings banks of this State may invest, and said commissioner shall have the custody of all securities belonging to said fund, and shall cause a schedule of the same to be made and registered in books kept in his office. He shall receive all payments on account of said fund, receipt therefor, and deposit the same with the treasurer, taking said treasurer's receipt for the same, and he shall draw all orders upon its principal and receive from the treasurer, at least semiamiually, all income so deposited and transmit the same to the president and fellows of Yale College for the purposes and conditions set forth in chapter 143 of the general statutes. The treasurer shall pay interest at the rate of 5 per cent per annum on the principal of said fund remaining in the treasury uninvested, and all expenses incurred in the management of said fund shall be paid from the treasury upon the order of said commissioner. SEC. 2. Section 2253 of the general statutes is hereby repealed. Ibid., Chapter XII: SECTION 1. The annual report of tne Storrs School Agricul- tural Experiment Station shall be printed, bound and circulated as now provided by law for the annual report of the Connecticut Agricultural Experiment Station at New Haven. Public Acts 1893, Chapter LXVII: The name of the Storrs Agricultural School ie hereby changed to The Storrs Agricultural College, by which name it shall hereafter be known and called. SEC. 2. Section 171 6a of the general statutes is amended to read as follows: 4t The Storrs Agricultural College is hereby established, and shall remain an insti- tution for the education of youth whose parent or parents are citizens of this State; and the leading object of said college shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the general assembly of this State shall prescribe, in order to promote the liberal and practical education of the industrial classes in accordance with the provisions of an act of Congress approved July 2, 1862, * * * also in accord- ance with an act of Congress approved August 30, 1890." SEC. 3. Sections 1717, 1718, and 1719 of the general statutes are amended by striking out the word "school" whenever it occurs and inserting the word ic college." SEC. 4. Section 2253 of the general statutes [confer section 2 of act of 1889, Chapter LII] is amended to read as follows: " The bonds of this State indorsed and known as agricultural college bonds and constituting the capital of the agri- cultural college fund, with all funds heretofore and hereafter received from the United States under an. act of Congress approved July 2, 1862, shall not be trans- ferable except by special act of the general assembly, but shall remain in the custody of the commissioner of the school fund; and the treasurer and said com- missioner are hereby authorized to invest any money now in their hands, or that may hereafter come into their hands, belonging to the principal of said fund, in any securities, except personal securities, in which by law the savings banks of the State may invest, and said commissioner shall seniiannually receive and pay over the interest accruing from said fund to the treasurer of this State, who shall semi- azinually pay over the interest accruing from said fund, and also the amount received by virtue of an act of Congress approved August 30, 1890, to Yale Uni- versity and to the board of trustees of the Storrs Agricultural College, in such proportions and for the purposes and on the conditions set forth in the succeeding sections; and the treasurer shall pay interest, at the rate of 5 per cent per annum, on the principal of such funds remaining in the treasury uninvested. ' ' SEC. 5. The corporation of Yale University shall, upon the passage of this act, and semiannually thereafter, report under oath to the treasurer of the State the number of pupils in attendance at Sheffield Scientific School who had, previous ic the passage of this act, been admitted as gratuitous pupils under the agree- ment between Yale College and the general assembly of this State, as approved by Governor Buckingham September 3, 1863, and thereupon the said treasurer shall pay over to Yale University a sum equal to twice the amount such pupils would be required to pay at the regular rates charged other pupils of the said school. SEC. 6. After the passage of this act no further nominations or appointments of State pupils to the said Sheffield Scientific School shall be made, and no portion of the interest accruing from the said act of Congress, approved July 2, 1862, and LAWS RELATING TO LAND-GRANT COLLEGES. 35 no part of the proceeds of the act of Congress of 1890 shall be paid over to said corporation of Yale University, except as provided in section 5 of this act, until said corporation shall contract in writing, in such form as the governor shall approve, to fulfill and perform all the duties and obligations imposed upon it by this act. SEC. 7. After the passage of this act said corporation of Yale University shall furnish gratuitous education in such courses of instruction as, including the courses of instruction already instituted in said school, shall carry out the intent of the aforesaid act of Congress, approved July 2, 1862, in the manner especially prescribed by the fourth section of said act. SEC. 8. Said corporation shall furnish gratuitous education in said courses of instruction to pupils who shall be annually nominated to be pupils of said school in the manner prescribed by law. The number of pupils to be so received gra- tuitously into said school shall be in each year such a number as would expend a sum equal to the interest on the proceeds of the aforesaid act of Congress approved July 2, 1862, for the same year, in paying for their instruction in said school if they were required to pay for it at the regular rates charged to other pupils of said school for the same year. Said pupils shall be citizens of this State, and shall be admitted into said school upon the same terms and subject to the same rules and discipline which shall apply to all other pupils of said school, with the single exception that they shall not be required to pay anything for their instruc- tion. SEC. 9. All the interest and funds arising from the said acts of Congress of 1863 and 1890 not paid over to Yale University by the provisions of this act shall by said State treasurer be paid over to the trustees of the Storrs Agricultural Col- lege for the use of said college in the manner heretofore provided by law. SEC. 10. Should any question of damages, growing out of the provisions of this act. arise between the corporation of Yale University and the State of Connecti- cut, such question of damages shall be referred to three commissioners, one to be selected by the General Assembly of this State, one to be selected by the corpora- tion of Yale University, and a third commissioner to be agreed upon by the two first mentioned, or, in case of their disagreement, the third commissioner shall, upon application thereto by the other commissioners, be appointed by the chief justice of the supreme court of errors of this State, and the decision of said commissioners, or of any two of them, in writing, shall be final, and their award shall, if in favor of Yale University , constitute a claim against the State. The comptroller is hereby authorized and directed to draw his order upon the treasurer in favor of Yale University for the amount of such award, which shall be paid from the sum appro- priated for general purposes. SEC. 11. The State of Connecticut hereby assents to and agrees that said moneys shall be expended in accordance with the provisions of said act. SEC. 12. Said corporation of Yale University and the trustees of the Storrs Agricultural College shall annually make and distribute the reports called for by the aforesaid acts of Congress. SEC. 13. All acts and parts of acts inconsistent herewith are hereby repealed. [Yale University called for the constituting of the commission provided f9r in section 10 of the above act. The commission in January, 1896, rendered a decision awarding damages to Yale University to the amount of $154,604.45, equivalent to the entire fund received by the State of Connecticut under the act of July 2, 1862, together with the interest on that sum from the time of the legislative act of 1893 to the date of the decision of the commissioners. The income from the funds received under the act of July 2, 1862, as well as the entire funds granted to the State of Connecticut under the act of August 90, 1890, are now paid to the Connecticut Agricultural College.] Public Acts 1893, Chapter CCXXVI: SECTION 1. The sum of $1,800 annually is hereby appropriated to the Storrs Agricultural College Experiment Station for the purpose of investigating the economy of the food and nutrition of man, and for investigations of the bacteria of milk, butter, and cheese, and their effect in the dairy, and the said sum shall be paid in equal quarterly installments to the treasurer of the Storrs Agricultural College Experiment Station, and the comp- troller is hereby directed to draw his order for the same. Public acts, 1899, chapter 169: SECTION 1. The name of the Storrs Agricultural College is hereby changed to that of the Connecticut Agricultural College, and said college shall, under said new name, have, own, and enjoy all property and rights of said Storrs Agricultural College, and shall be subject to all laws appli- cable to said Storrs Agricultural College, and the management of said college shall continue as at present until changed by proper authority. Whenever a library building shall be erected upon the grounds of said college such library shall be named the "Storrs Memorial Library," and shall bear that name conspicuously both exteriorly and interiorly. 36 EDUCATION REPORT, 1901-1902. SEC. 3. [Repealed by section 2, chapter 70, acts 1901.] There shall be a trustee of the Connecticut Agricultural College in addition to those now provided by law, who shall be elected for a term of four years * * * by and from the gradu- ates of said institution, the election to be under the supervision of the trustees for the time being and to be so conducted that all graduates shall have an opportunity to vote therein by signed ballots deposited personally or by letter. Public acts, 1895 [1899] , Chapter CCXXXV, as amended by the act of 1899, chap- ter 22: The Connecticut Agricultural Experiment Station shall make analyses of food products on sale in Connecticut or kept in Connecticut for export, to be sold without the State, suspected of being adulterated. Samples of food products for analysis shall be taken by the duly authorized agents of the station or by the dairy commissioner or his deputy, at such times and places and to such an extent as in the judgment of the officers of said experiment station and of the dairy commis- sioner shall seem expedient. The dairy commissioner or his deputy shall have full access at all reasonable hours to any place wherein it is suspected that there is kept for sale or for export, as above specified, any article of food adulterated with any deleterious or foreign ingredient or ingredients, and said dairy commissioner or his deputy, upon tendering the market price of such article, may take from any person, firm, or corporation samples of the same. The said experiment station may adopt or fix standards of purity, quality, or strength, when such standards are not specified by law. Whenever said experiment station shall find by its analysis that adulterated food products have been on sale in the State, or kept in the State for export for sale without the State, it shall forthwith transmit the facts so found to the dairy commissioner, who shall make complaint to the proper prosecuting officer to the end that violators of the law relating to the adulteration of food products shall be prosecuted. Public acts, 1899. chapter 147: Five thousand copies of the annual report of the State board of agriculture shall be printed at the expense of the State. The reports of the Connecticut Agricultural Experiment Station and the Storrs Agri- cultural Experiment Station shall be eliminated from the report of the State board of agriculture; 7,000 copies of the report of the Connecticut Agricultural Experiment Station and 7,000 copies of the report of the Storrs Agricultural Experiment Station, not to exceed 400 pages each or the equivalent thereof in paper, pages, and printing in the form of a smaller report and a series of popular bulletins, shall be printed at the expense of the State. Public Acts, 1901, chapter 70: SECTION 1. There shall be a trustee of the Con- necticut Agricultural College in addition to those now provided by law to be known as the alumni trustee, who shall be a graduate of the institution of at least five years' standing, and who shall be elected at the college during commence- ment week for a term of two years * * * by the graduates of said institution. The election shall be under the supervision of a canvassing board, to consist of three members, one appointed by the board of trustees, one by the alumni asso- ciation of the college, and one to be selected by the two aforesaid, and to be so conducted that all graduates shall have opportunity to vote therein by signed ballots deposited personally or by letter. SEC. 2. Section 3 of chapter 169, 1899, is hereby repealed. [This act taking its place.] Public acts, 1901, chapter 175: SECTION 1. The board of control of the Con- necticut Agricultural Experiment Station at New Haven shall designate and appoint a man qualified by scientific training and practical experience to be State forester during the pleasure of the board, and to be responsible to said board for the performance of his duties as prescribed in this act. The State forester shall have an office at the experiment station in New Haven, but shall receive no com- pensation other than his regular salary as a member of the station staff of deputies or aids, as may be necessary. SEC. 2. The State forester is authorized to buy land in the State suitable for the growth of oak, pine, or chestnut lumber, at a price not exceeding $4 per acre, to the amount of the appropriation hereinafter named, which land shall be deeded to the State of Connecticut and shall be called a State park. SEC. 3. The State forester is authorized to plant the lands so bought with seed or seedlings of oak, pine, and chestnut and such other trees as he may deem nec- essary or expedient, at a cost not exceeding $2.50 an acre; to exchange the land so bought with adjoining proprietors, if desirable, in order to make the State park more compact for fencing, and for and in behalf of the State to execute deeds for such purpose; to fence such lands with substantial wire fencing, not barbed, and to use proper precautions to protect said lands from forest fires, from trespasses, and the destruction of game, fish, and timber thereon, and in so doing may employ such local wardens or assistants as may be necessary. LAWS RELATING TO LAND-GRANT COLLEGES. 37 SEC. 4. The State forester shall be the lawful custodian of such lands, with Eower to enter complaint against trespassers thereon, and shall pay, from the sum ereinafter appropriated, the town taxes upon said land when assessed at the same rate as similar adjoining lands, and with the approval of the governor and the attorney-general may sell portions of the same when they shall command a greater price than the cost and interest therecn, and may execute a deed for the sale for and in behalf of the State. SEC. 5. The sum of $2,000 for the two fiscal years ending September 30, 1903, is hereby appropriated for carrying out the provisions of this act. SEC. 6. The accounts of the forester for all disbursements under the provisions of this act shall be paid by the comptroller upon the audit of the State board of control. DELAWARE. TThe following matter is taken from the Revised Statutes of the State of Delaware, pub- lished at Wilmington, 1893.] Chapter XLIII (chap. 513, vol. 13, Laws of Delaware) : Delaware College. SEC- TION 1. Delaware College at Newark, reincorporated by act of February 10, 1851, for a period of twenty years, is hereby recognized and reincorporated as a college for another period of twenty years, from and after the 10th day of February, A. D. 1871. 2. The leading object of said college shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life. SEC. 3. The board of trustees of said college shall consist of 30 members, together with the governor of the State and the president of the college, who shall be members ex officio, one-half of whom shall be appointed by the governor, who shall fill vacancies which may hereafter occur in their number, and the other hul i' shall be appointed by the remaining members of the present board, who shall have power to fill vacancies occurring in their number; and the joint board so constituted shall have the entire control and management of the affairs of the college, with power to appoint and remove all subordinate officers and agents, and to make by-laws as well for their own government as that of the college. Sr.< !. 4. There shall be two stated meetings of the board every year at such time and place as may be fixed by the by-laws, and occasional meetings may be held on the call of the president, which he may make at discretion, and shall make on the written request of any two or more members of the board of trustees. The secretary of the board shall give two weeks' written notice of all meetings, and the time, place, and piirpose of occasional meetings shall be stated in the notice thereof, and the proceedings of such meetings shall be confined strictly to the purpose stated therein. SEC. 5. Nine members of the board shall constitute a quorum to do business, but a less number may adjourn. Officers may be appointed for the occasion in the absence of the regular officers. The place of a trustee who shall be absent from three successive stated meetings shall be vacated, unless the board shall other- wise especially direct, and a vacancy thus created shall be filled as in other cases. And a trustee appointed and not accepting at or before the next stated meeting shall be considered as declining, and a new appointment made. SEC. 6. The trustees, as ascertained and limited by this act, shall continue to be a corporation by the name of the trustees of Delaware College, with all the powers and franchises incident to such an institution, including the capacity to take and hold real and personal estate, not exceeding in annual value $50,000, by deed, devise, bequest, gift, grant, or otherwise, and the same to alien, sell, transfer, or dispose of as occasion may require, and the proceeds thereof to be reinvested in other property, funds, or securities for the benefit of said college, and in accordance with the spirit and purpose of this act. SEC. 7. The faculty, consisting of the professors and tutors employed by the board of trustees, one of whom shall be president of the college, shall have the care, control, government, and instruction of the students, subject, however, to the by-laws. They shall have authority, with the approbation of the board of trrfstees, to confer degrees and grant diplomas. SEC. 8. The college fund, created by resolution of the general assembly of Jan- uary 28, 1824, and transferred by act of February 5, 1833, to "the trustees of Newark College," and all other funds, stock, money, or property belonging to or appropriated for, or raised, paid, or payable to the trustees of Delaware College, 38 EDUCATION KEPOET, 1901-1902. by that or any other name, shall be a part of the endowment of said college and shall be held, appropriated, and used as such by the said trustees. SEC. 9. Devises, bequests, gifts, and grants to the corporation shall not be avoided by any misnomer if the description can be understood with reasonable certainty. And the corporation shall not be dissolved by nonuser so long as there shall remain seven trustees. The secretary of state shall transmit to the president of Delaware College, to be kept and placed in the library, a copy of all public documents of which he may receive duplicates, whenever the same shall not have been already appropriated. This college shall never be managed or conducted in the interest of any party, sect, or denomination, and the trustees of said college shall make a report of its condition to the legislature at each regular biennial session. (February 17, 1869.) Chapter 48, volume 14, Laws of Delaware: SEC. 2. It shall not be lawful for any person, whether licensed to sell spirituous and fermented liquors or not, to sell, dispose of, barter, or give to, or be instrumental in procuring for any student of Delaware College, within 2 miles of the said college, any spirituous or fermented liquors or cordials of any kind in any quantity whatever, and any person violating the provisions of this section shall be liable to a fine of $25 for the first offense, and $50 for the second offense, and $100 for every subsequent offense, and shall be imprisoned until the said fines and costs shall be paid: the fines herein incurred to be collected as similar fines are now collected by law, one-half to be paid over to the informer and the other half to go to the constable or officer serving the warrant. (March 2, 1871.) Chapter 408, volume 14, Laws of Delaware: SECTION 1. The treasurer of this State is hereby authorized and required to pay over to the treasurer of the board of trustees of Delaware College the sum of $3,000 per annum for the period of two years, in equal quarterly installments, the first installment to be paid on the 1st day of October, 1873: Provided, That whenever the college shall receive additional aid from the General Government this appropriation shall cease. SEC. 2. In consideration of the appropriation herein made, the trustees of Dela- ware College shall provide free instruction of a suitable character for 10 students from each county of the State whenever such students, on presenting themselves for admission, shall obligate themselves to teach in the free schools of the State for not less than one year. SEC. 3. Until otherwise provided by law, the appointments to the free scholar- ships herein established shall be made by the members of the legislature, each senator and representative being entitled to make one appointment. (March 27, 1873.) Chapter 625, volume 18, Laws of Delaware: Delaware College, at Newark, Del., reincorporated by act of February 17, 1869, for a period of twenty years from February 10, 1871, be, and the same is hereby, reincorporated as a college, with the same duties, privileges, and prerogatives as now legally enjoyed and exercised by that institution for a further period of twenty years from and after the 10th day of February, 1889. (February 21, 1889.) Chapter 137, volume 13, Laws of Delaware [see law of February 17, 1869, the first of this collection]: Whereas the legislature of this State by a recent act accepted the provisions of an act of Congress approved July 2, 1862; and whereas the said act of Congress renders it the duty of the State to provide the buildings, grounds, and appliances necessary to carry out the objects of said act; and whereas the board of trustees of Delaware College have proposed to convey to the State of Delaware a joint and equal interest in the grounds, buildings, libraries, apparatus, and vested fund of said college property, upon the condition that the State shall vest the income to be derived from the sale of the said lands in a board of trustees, not more than one-half of whom shall be the representatives of the State, and the remainder the representatives of the present board, for the purpose of establishing at Newark, in connection with said college, an institution which shall meet the requirements of the act of Congress and extend to the people of our State the benefits of its provisions: SECTION 1. The proposition of the board of trustees of Delaware College is hereby accepted and Delaware College is adopted and established as the institu- tion to be provided by the State of Delaware in accordance with the provisions of the act of Congress approved July 2, 1862. SEC. 2. The State treasurer, in conjunction with the governor of the State, and the president of the board of trustees of Delaware College, is hereby authorized and required to sell and assign, upon such terms and conditions as they may deem best for the interest of the State of Delaware, the whole or any part of the scrip or land warrants issued or to be issued to the State by virtue of said act of Con- gress. LAWS RELATING TO LAND-GRANT COLLEGES. 39 SEC. 3. The proceeds of the sale or sales aforesaid shall be invested by the said treasurer in interest-bearing bonds of this State or of the United States, at his dis- cretion, the principal of which bonds shall be forever held sacred for the purposes contemplated in the act of Congress aforesaid, and shall not be transferable except by a special act of the legislature. SEC. 4. The State treasurer may perform and discharge any of the acts, trusts, or duties authorized, directed, or conferred herein by any agent or agents by him selected and appointed, and with the consent and advice of the governor of the State. All costs and expenses incurred in selling or assigning the said land scrip, or investing the proceeds thereof, shall be allowed and paid out of any funds in the State treasury not otherwise appropriated. SEC. 5. The State treasurer shall, semiannually, receive and pay over the interest of said bonds to the treasurer of the lx>ard of trustees of Delaware College for the purposes and on the conditions hereinafter mentioned. SEC. 6. The board of trustees of Delaware College shall devote said interest to the maintenance of such course or courses of instruction in said college as shall carry out the intent of the act of Congress aforesaid, and shall provide for the gratuitous instruction of one pupil from each hundred in the State, who shall be annually nominated to be pupils of said college in such manner as the legislature may pre- scribe. Said pupils, so nominated and received, shall be residents of this State, and shall be admitted into said college upon the same terms and subject to the same rules and discipline which shall apply to all other pupils of said college, with the single exception that they shall not be required to pay anything for their instruction. SEC. 7. Said board of trustees shall, annually, on or before the 1st day of Feb- ruary in each and every year, make up and distribute the reports required by the fourth paragraph of the fifth section of the said act of Congress. SEC. 8. The governor is hereby authorized to appoint five trustees from each county of the State to be members of the board of trustees of Delaware College on behalf of the State, and to fill all vacancies which may arise in such appoint- ments, occasioned by death, resignation, or otherwise, and that the present board of trustees of Delaware College shall fill up the remaining vacancies in said board in the manner and to the number prescribed in the charter of Delaware College, as well as to fill any vacancies which may hereafter arise in their number, and the joint board of trustees thus reorganized shall have the entire control and management of said institution, subject to the provisions of its charter and the terms of the act: Provided, That said institution shall never be managed or conducted in the interests of any party, sect, or denomination. SEC. 9. The board of trustees of Delaware College shall report such amendments to this act, or such further acts or laws, as they may deem necessary and proper to carry out the objects contemplated by this act. (March 14, 1867.) Chapter 420, volume 13, Laws of Delaware: SECTION 1. The number of students from each county shall not exceed [ten from each county] . Each hundred in each county shall have an equal number of the; appointees to the college established by the act passed March 14, 1867 [above] , and in making the nominations of the pupils under the act aforesaid hereafter, the hundred as herein named shall always be construed to mean such territory as was embraced within the limits of the . tiye hundreds in each county at the time the counties were each embraced within limits of ten hundreds only. SEC. 2. They shall be nominated in this manner: Each member of the general assembly for the time being, whether during a session or in vacation, as occasion may require, shall nominate the students to which his or their hundred shall be entitled, and nominations from hundreds within the meaning of this act shall be made whenever a vacancy occurs in a hundred by nonacceptance, death, or other- wise. When there are two or more members of the general assembly from one hundred, they shall decide who shall nominate from the hundred or hundreds, within the meaning of this act, having no resident member, together with the hundred where they may reside, by writing the names of the hundreds on separate paper and drawing as by lot; the hundred which a member may so draw, the same shall be his, so drawing, to nominate therefrom during his term. SEC. 3. No person shall be nominated on the part of the State as a student of Delaware College who is under the age of 16 years or over 21. (March 15, 1869.) Chapter 55, volume 14, Laws of Delaware: SECTION 1. A. B., late State treas- urer and trustee of the funds arising from the sale of the land scrip mentioned in the act (March 14, 1867) to which this is a supplement, is hereby directed to trans- fer and deliver to the State treasurer all the funds, bonds, and other securities, as well as any scrip yet in his hands or under his control, if any, taking his receipt 40 EDUCATION REPORT, 1901-1902. therefor; and the State treasurer shall, when received by him, hold and be account- able for them in his official capacity. Sac. 2. It shall be the duty of the State treasurer, in addition to the other duties imposed by the act to which this is a supplement, to keep said funds, bonds, and other securities and scrip in the Farmers' Bank, at Dover, and to keep a separate and distinct account of said trust funds, and to make a full and detailed report of the condition thereof to the trustees of Delaware College on the 1st day of July in each year, and also to the legislature at each biennial session. (March 30, 1871. ) Chapter 119, volume 19, Laws of Delaware: SECTION 1. The governor of the State, on the first Tuesday in June, 1891, and every four years thereafter, shall appoint and commission two respectable and well-qualified persons from each county, who shall constitute the board of trus- tees for the [State] College for Colored Students. The said trustees shall hold their office for a period of four years or until their successors shall in like manner be appointed. In case of a vacancy by death, resignation, or otherwise, the gov- ernor shall appoint for the unexpired term. SEC. 2. The trustees named in this act are hereby ordained and declared to be a body corporate by the name and style of " The Trustees of [the State] College for Colored Students," with all the powers and franchises incident to such an institu- tion, including the capacity to take and hold real and personal estate by deed, devise, bequest, gift, grant, or otherwise, and the same to alien, sell, transfer, and dispose of as occasion may require, and the proceeds thereof to be reinvested in other property, funds, or securities for the benefit of said college, and in accord- ance with the spirit and purpose of this act. SEC. 3. The purpose and object of said college shall be to impcart instruction in agriculture, the mechanic arts, the English language, the various branches of mathematical, physical, natural and economic science, with special reference to their application in the industries of life, and to the facilities for such instruction, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life, but other scientific and classical studies may be taught, and a normal school for the preparation of teachers may be connected with the college under such rules and regulations as the trustees may adopt. SEC. 4. The said board of trustees shall have the superintendence of said college, with power to appoint and remove the faculty and other officers and agents of the col- lege and of their own body; to fill vacancies and to make by-laws as well for the government of the college as their own government, and to conduct all the concerns of the institution. [Four] members of the board shall constitute a quorum, and meetings of the board shall be held as the by-laws may prescribe: Provided, That said by-laws shall not conflict with the constitution or laws of the United States or of this State. SEC. 5. The faculty of the college, composed of the teachers whom the trustees shall employ, one of whom shall be president of the college and ex officio member of the board of trustees, shall have the care, government, and instruction of the students^ subject, however, to the by-laws. They shall have authority, with the approbation of the board of trustees, to confer degrees and grant diplomas. SEC. 6. Devises, bequests, grants, and gifts to this corporation shall not be avoided by any misnomer, if the description can be understood with reasonable certainty. SEC. 7. The sum of $8,000 is hereby appropriated from the State treasury to the said " The Trustees of the State College for Colored Students," to be used primarily for the purchase of land and for the erection, preservation, repair, and equipment of any building or buildings which said trustees shall hereafter acquire for the purposes of said college, and if the whole of said sum should not be required for the purchase of land and for the erection, preservation, or repair of buildings, the remainder of said sum shall be used for the maintenance and support of said insti- tution. Said sum shall be paid by the State treasurer to the treasurer of said trustees, upon his giving bond and security as hereinafter provided after notice received under the hand of the president and secretary of the said trustees that said body is fully organized and prepared to carry out the purposes of this act. SEC. 8. The State treasurer is hereby directed and required to pay annually to the treasurer of the said "Trustees of the State College for Colored Students" 20 per cent or one-fifth part of the sum of money which he, the said State treasurer, has already received and hereafter shall receive annually by virtue of an act of Congress approved August 30, 1890, entitled [etc.]. SEC. 9. The moneys received by said trustees as provided in the foregoing sec- tion shall be used by said trustees for the support and maintenance of said college, LAWS RELATING TO LAKD-GKANT COLLEGES. 41 and the treasurer of said trustees, before receiving any money from said State treas- urer, shall give bond with good and sufficient security to the State of Delaware in the sum of $10,000, conditioned for the faithful application of all the moneys received. Said bond shall be approved by said trustees and shall be deposited in the office of the secretary of state. (May 15, 1891.) Chapter 438, volume 17, Laws of Delaware: SECTION 1. The person occupying the chair of chemistry in Delaware College, at Newark, Del., is hereby declared ex-ofiicio State chemist. SEC. 2. It shall be the duty of the State chemist annually to analyze samples of all fertilizers which may be offered for sale within this State, and for this pur- pose he is authorized and directed to take from not less than five original pack- ages of said fertilizers which may be in the possession of any manufacturer, dealer, or persons using the same, two samples not exceeding one pound in weight, one sample to be retained by the State chemist, and the other sample to be sent by the State chemist, in a sealed bottle or can, to the secretary of state, who shall keep the same; and in case any manufacturer should request another analysis, then the sample retained by the secretary of state, at the request of any manu- facturer, shall be sent to any chemist which the secretary of state, State chemist, and manufacturer shall agree upon. SEC. 3. Every bag, barrel, or other package of commercial fertilizer manufac- tured or sold in this State shall have plainly stamped thereon the number of net pounds of fertilizer in the package, the name, brand, or trade-mark under which the fertilizer is sold, the name and address of the manufacturer, the place of manufacture, and the chemical analysis, stating the percentage of ammonia, of potash soluble in water, of available phosphoric acid, and of insoluble phos- phoric acid; and any manufacturer or dealer who shall misrepresent the propor- tion of ammonia, phosphoric acid and potash, or either of them, contained in such fertilizer, shall be guilty of a misdemeanor, and upon conviction thereof on indict- ment shall be fined $200 for the first offense and $300 for each subsequent offense. SEC. 13. In case the State chemist willfully makes any false or untrue analy- sis he shall be deemed guilty of a common nuisance, and upon conviction thereof shall be fined a sum not exceeding $100, and shall stand committed to the custody of the sheriff until said fine is paid. (April 16, 1885. ) Chapter 240, volume 21, Laws of Delaware: Whereas the great advance in medi- cal science has reached a point of exactitude heretofore unknown, more especially as to the cause and prevention of disease, and has attained the ability of demon- strating to a certainty the bacteriological origin of many of our most prevalent and fatal di-rase-: and whereas by microscopic and biological investigation the presence of these diseases can be made manifest when symptomatology fails, thus enabling the boards of health to make timely provision against the spread of the disease, and by so doing save the health and life of many citizens; and whereas these investigations can only be safely made in a laboratory fully and properly equipped for the purpose, and managed by skilled manipulators of special knowl- rd.trc and experience in the sciences of pathology and bacteriology; and whereas Delaware College possesses excellent facilities in the way of suitable rooms and adequate equipment of libraries and apparatus, and besides offers at no cost the supervision of a trained bacteriologist as a guaranty of the character of the work; ami whereas a similar line of work as regards domestic animals is carried on at the college under the provisions of the Hatch bill, none of which provisions could d for the purposes contemplated in this act: Therefore, Si:< TION 1. In addition to the duties and powers with which the board of health of the State of Delaware is now invested by the constitution and laws of this State, it is hereby empowered to establish and supervise a pathological and bacteriolog- ical laboratory at Delaware College, and to supplement the equipment already there with any additional appliances necessary to make it perfectly safe and reliable for the thorough use of any or all of these means of protecting the citi- zens of the State against the spread of disease. Six 1 . 2. The said laboratory shall, by and with the advice and consent of the board of trustees of Delaware College, be located in buildings now belonging to said college, and said board of trustees shall furnish such accommodation of rooms, apparatus, and skilled supervision as may be required for said laboratory. SEC. 3. The pathologists and bacteriologists, elected as hereinafter provided, shall conduct the routine work of said laboratory under the direction and super- vision of the bacteriologist of Delaware College, and shall make all examinations and analyses, etc., that may be necessary, under the direction of the board of health of the State, for all the purposes that may be required to fully execute the intents of this act: Provided, however, That this shall not be so construed as to 42 . EDUCATION REPORT, 1901-1902. interrupt or limit the power in the full control and management of the laboratory of the State board of health. SEC. 4. All physicians, dentists, veterinary surgeons, or others practicing med- icine or surgery or any branch thereof under the laws of this State shall be required to give prompt notice to the local or State board of health of any and all cases of contagious or infectious disease that may come under their professional notice, and shall have free access to the work of the laboratory for the determina- tion of the diagnosis of any doubtful ol* suspicious case by forwarding (prepaid) a sufficient sample of urine, blood, sputum, or other substance of such case to the said pathologist and bacteriologist at Newark for examination, who shall exam- ine the substance so sent and report to the physician, dentist, or others aforesaid sending the same the results of said examination without any unnecessary delay and without further charge; the said physician, dentist, or others aforesaid shall report the result immediately as herein above required: Provided, however, That nothing in the act shall be so construed as to prevent the board of health of the State from making full provision for the free use of the laboratory for the exam- ination of any matter or substance so as to determine the diagnosis of diseases neither contagious nor infectious, and either local or constitutional, and for the examination of water or food supply for any citizen of the State. SEC. 5. The regular annual meeting of the board of health of the State shall be held at Newark, * * * at which meeting the pathologist and bacteriologist ghall be elected annually by the action of the said board of health. SEC. 6. The sum of $2,500 annually shall be appropriated for the salary of the bacteriologist and all other expenses of the said laboratory, and the same is hereby appropriated out of any funds in the hands of the State treasurer not otherwise appropriated, and the annual expenses of the same thereafter. The said appro- priations hereby made to be drawn by orders on the State treasurer, signed by the president and secretary of the State board of health, the accounts to be audited by the auditor of accounts of the State annually, as now required for the other accounts of the State board of health. SEC. 7. This act shall be deemed and taken to be a public act, and shall go into effect immediately on its passage. SEC. 8. It is hereby made the duty of the said pathologist and bacteriologist, whenever requested by the attorney-general, to make any and all examinations of any person or persons, or any organ or organs, or any part or parts of any person or persons, with the view of determining the cause or causes of death, aiid make a prompt report, without charge to the State or any county thereof. (March 23, 1899, as amended by chapter 135, volume 22, laws of Delaware, Feb- ruary 25, 1901.) Chapter 213, volume 21, Laws of Delaware: SECTION 1. The State chemist is hereby required, when any person or persons purchasing any fertilizer sold in this State and composed of one or several ingredients from any manufacturer or 'vendors for their own use, and who them- selves, the purchasers, are citizens of this State, submit to said State chemist fair samples of any such fertilizer for analysis in the manner prescribed in section 6, chapter 438, volume 17, Laws of Delaware, to make any and all such analyses for the sum of $1, to be paid by said purchaser. SEC. 2. The provision that said State chemist shall receive the sum of $1 only 'when he makes analyses mentioned in section 1 of this act shall not be construed to mean that said State chemist is to be paid $1 for each ingredient in any fer- tilizer mentioned in section 1 of this act and so analyzed by him. FLORIDA. [The folio-wing matter is taken from the "Revised Statutes of Florida, prepared Ly W. A. Blotmt, C. M. Cooper, L. C. Massey, commissioners," Jacksonville, 1892.] SEC. 278. The Florida Agricultural CoUege is established, SEC. 279. The design of this institution is to teach such branches of learning as are related to agriculture and mechanic arts, without excluding other scientific and classical studies, and including military tactics, in order to promote the liberal and practical education of the industrial classes in the several pursuits and pro- fessions of life. 1 SEC. 280. [Amended by section 4233.] The superintendent of public instruction, commissioner of agriculture, and the State treasurer by virtue of their said offi- ces, and the other persons who are now members and trustees of this corporation, and their successors, are a body corporate and politic, by the name of the Florida LAWS RELATING TO LAND-GRANT COLLEGES. 43 Agricultural College, with the general powers of a corporation for said purposes, including the right of perpetual succession and to have a corporate seal. [In State v. Knowles et al. (holding themselves to be a body corporate), the court said (16 Fla., p. 616): "The next general proposition as to this statute is that it impairs the obligation of contract. The statute changes the trustees of this college. It substitutes the trustees named in the act of 1877 for those named in the act of 1873; as the act of 1872 substituted those named in it for those mentioned in the act of 1870. The ground upon which this view is based is that this is a private not a public corporation. The corporation is itself founded by the State through property derived from the Government of the United States. These trustees are made by this legislation the agents of the State to collect and disburse property appropriated by the General Government to the State for a public purpose. There is not and never was any private property in the funds. They were derived from the government. The founder of this institution was the government of the State of Florida and the property which constituted its basis was public- moneys of the State of Florida derived by it from the Government of the United States in trust for the establishment of an institution of this character. It never was the purpose of tho State of Florida to give these trustees any private right to this property. Throughout the whole legislation they are shown to be simply public agents to manage a public property. The only right they have to it is by the legislation of the State, and every section of these acts shows that it was founded by public funds, and for a public purpose. (4 Wheaton, 5 Stewart & Porter. ) It may be true that any legislation of the State appropriating these funds to any other pur- pose than that purpose named in the act of Congress might have been in bad faith, Tout that is a matter which does not concern these trustees, nor does this fact change the nature of the insti- tution. It is insisted that the obligation of a contract with W. H. Gleason [whose offer of 2.000 acres of land had been accepted] is impaired by the act of 1877, in that it directs a removal of the college. This question is entirely independent of the question raised in this case, which is the right of the trustees to hold and exercise a public trust against tho provisions of a statute naming other persons trustees in their stead. Because they liave made a contract with some one else can not extend their powers or rights. The question whether a city or town has made a contract with A, B, or C is entirely distinct from the question whether the legislature may not change the affairs of a public municipal corporation. What has been said disposes of the fur- ther objection on tho ground that these respondents are deprived of their property without due process of law. Holding their franchises subject to legislative action, legislation depriving them of them is due process of law."] SEC. 281. [Amended by seel ; -^ti on 2, post.] The superintendent of public instruction and the said State treasurer shall by virtue of their offices as such be president and treasurer of said board of trustees of said college, and the said board shall elect a vice-president, secretary, and executive committee, which committee shall consist of five mei i cies may occur, one student for each member of the assembly from that county; uch students shall be selected by the boards of piiblic instruction of the several comi- ties from among the most advanced pupils in the common and higher schools therein who may present themselves as candidates. Each county board of public instruction shall annually, or as often as vacancies occur which should be filled by the county, give early notice of such vacancy, and of the time and place of meeting for the examination of the candidates. The county board shall then and there, by themselves, or with the assistance of such persons as they may appoint, examine such candidates and select those best qualified as to scholastic attain- ments, good health, and upright moral character, and. furnish them with certifi- cates of selection for admission, subject to the reexamination and approval of the faculty of the college. In case any board of instruction fails to attend to the above duty, then pupils holding high rank in their schools in that county may make application in person to the faculty of the college and be examined and admitted on the same terms as they would have been had they passed a prelimi- nary examination before the board of instruction of their county. But in case such vacancies remain unfilled students may be selected from the State at large by the faculty. SEC. 295. Each senator during his term of office shall be empowered to nominate one student, who shall be a resident of his senatorial district, to said State Agri- cultural College, who shall be entitled to receive the benefit of a full course of instruction at said college without any charge for tuition, subject to such rules and regulations as may be established for the government and direction of said college. SEC. 296. The comptroller is authorized to make examinations from time to time, as he may see fit, into the actions and doings of said trustees, to the end that he may ascertain whether the funds committed to them are and have been LAWS RELATING TO LAND-GKANT COLLEGES. 45 managed according to the letter and intent of this chapter. Said trustees shall report to the comptroller annually on the 1st day of October, in such form as the comptroller may direct, the amount of land or land scrip sold, the price and terms of sale, the amount of money received therefor, the disposition made thereof, and the expense incurred in the sale. SEC. 297. The trustees shall make an annual report to the superintendent of public instruction on or before the 1st day of October, to be by him printed with his report and laid before the legislature at the beginning of each regular session. Such report shall give a full exposition of the financial condition of the corpora- tion, the progress and improvements made, the nature, cost, and results of experi- ments, and such other matters, including State industrial and economical statistics, as may be supposed useful; one copy of which the superintendent shall transmit by mail to each of the other colleges which were endowed under the provisions of the act of Congress of July 2, 1802; also a copy to the Secretary of the Interior, and one to each House of Congress. SEC. 298. The legislature may add other departments of learning to this college when the endowment of such departments shall have been provided for. SEC. 299. The justices of the supreme court shall constitute an examining com- mittee, with power to investigate the affairs of the college and the corporation, and to appoint proxies to act in their stead. . 300. The legislative assent of the State of Florida is hereby given to the act of Congress entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several States under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto," and to the grants of money authorized by said act, and to the purpose of said grant. SEC. 4233 (Acts and Resolutions, 1893). SECTION 1. Section 280 of the revised statutes of the State of Florida is hereby amended so as to read as follows: "Sec. 280. The Florida Agricultural College shall be under the direction of a board of seven trustees, who shall be appointed by the governor by and with the consent of the senate, not more than two of whom shall be residents of the town or county in which the college is located, and who shall hold their office for four years." SEC. 2. Section 281 of the revised statutes of the State of Florida is hereby amended so as to read as follows: "Sec. 281. The members of said board of trustees shall annually elect from their number a president and a secretary. The State treasurer shall, by virtue of his office, be the treasurer of said board; and said board shall elect a vice-president and executive committee, which committee shall consist of tlm-e members. Said executive committee is empowered to act in behalf and under the direction of the board between the regular meetings of the board, and determine all the matters relating to officers or committees, and make all needful rules and regulations for the management of the affairs of the board of trustees." SEC. 3. Section 284 of the revised statutes is hereby repealed. SEC. 4234 (Ibid.). SECTION 1. There shall be established at some suitable point in Florida possessing climate conditions for growing all kinds of plant life, includ- ing cinchons, logwood, and camphor, olive and india rubber trees, also vanilla, tea, coffee, jute, New Zealand flax, etc., on muck lands over which the trustees of the Internal Improvement Fund have exclusive control under the act of Con- gress of September 28, 1850, an experimental station, to be operated by or under the supervision of the commissioner of agriculture, and under such rules, regulations, and conditions as may be prescribed by the trustees of the Internal Improvement Fund of the State of Florida, SEC. 2. For the purpose of carrying out the provisions of section 1 of this act and to create a fund for the establishment and maintenance of said agricultural station, and for the further drainage and reclamation of the lands set apart for that purpose, the trustees of the Internal Improvement Fund of the State of Florida are hereby authorized and directed to set apart 100,000 acres of the land granted the State of Florida by the act of Congress of September 28, 1850, to be sold at such prices as may be fixed by the trustees and the proceeds thereof to be expended by the said trustees of the Internal Improvement Fund in carrying out the provisions of section 1 of this act. SEC. 269. A normal school for colored teachers is established at Tallahassee, Leon County, similar in all respects as prescribed for the establishment of the normal school for white teachers, and subject to the direction and control of the State board of education. "The funds granted to the State of Florida under an act of Congress approved August 30, 1890, are divided equally between this institution and the Florida Agricultural College. 46 EDUCATION BEPOBT, 1901-1902. GEORGIA. Constitution (1877), section 6, paragraph 1: The trustees of the University of Georgia may accept bequests, donations, and grants of land or other property for the use of said university. In addition to the payment of the annual interest on the debt due by the State to the university, the general assembly may, from time to time, make such donations thereto as the condition of the treasury will authorize. And the general assembly may also, from time to time, make such appropriation of money as the condition of the treasury will authorize, to any college or uni- versity (not exceeding one in number) now established or hereafter to be estab- lished in this State for the education of persons of color. [The following matter is taken from "The code of Georgia, prepared by John L. Hopkins, Clifford Anderson, and Joseph R. Laruar," Atlanta, Ga., 1896.] SEC. 1271. The government of the University of Georgia, at Athens, is vested in a board of trustees, who are subject to the general assembly. SEC. 1272. For such purpose they are a body corporate and politic, by the name of the ''trustees of the University of Georgia," by which they shall have a per- petual succession, have and use a common seal, and be a person in law able to plead and be impleaded, to hold and acquire real and personal estate, with power to lease and otherwise manage the same for the good of the university. All money or property granted by the State, or individuals, for the advancement of learning in general is vested in such trustees. SEC. 1273. The board of trustees of the University of Georgia shall be composed of one member from each Congressional district, four from the State at large, two from the city of Athens, and the chairman ex officio of the local board of trustees of the Technological School, all of whom, except the latter, shall be appointed by the governor and confirmed by the senate, under the rules govern- ing the appointment and confirmation of other officers of this State required by law to be confirmed by the senate. SEC. 1274. The term of office of said trustees shall be eight years and until their successors are appointed, confirmed, and qualified. The first appointments shall be made by the governor before the 1st day of September, 1889, and confirmed by the senate. Four of them shall be appointed for two years, four for four years, and four for six years, and four for eight years, and as the terms of these appointees expire their successors shall be appointed and confirmed biennially thereafter for a full term of eight years. There shall be two trustees from the city of Athens, exclusive of one from the Congressional district in which said city may be located. SEC. 1275. Persons to be eligible to the office of trustee shall be citizens of this State; shall be residents of the districts from which they are appointed; shall be at least 25 years of age, and shall not be a trustee of any other male college or university, excluding branch colleges of the university and high schools or acad- emies, and shall be chosen with special reference to their fitness and capacity to exercise the duties of trustee. The governor shall be ex officio a member of the board of trustees and shall attend its meetings when possible, and is entitled to all the privileges of a member of the board. SEC. 1276. In case of the death or resignation of any member of the board, the governor shall fill such unexpired term in the manner above provided, such appointment to be confirmed by the senate at the session after the same is made. SEC. 1277. The board of trustees shall elect one of their number as their presid- ing officer, who shall be called the chairman of the board of trustees. The board may meet subject to their own order, but they must assemble in annual session in the city of Athens on the Thursday preceding the Sunday of the commencements of the university. They may establish such rules and regulations for their own direction as they deem proper; may fix the terms of the office of their chairman and secretary; and are vested with all the powers, privileges, and rights vested in the former board of trustees, and are charged with all the duties, obligations, and responsibilities incumbent on the same. SEC. 1278. It shall be the duty of the members of the board of trustees of said institution to attend the meetings of the board, so as to take part in its delibera- tions; and whenever any trustee shall be engaged, at the time prescribed for the annual meeting of the trustees, as counsel or party in any case pending in the courts of this State, and such case shall be called for trial during the regular ses- sions of said board, his absence to attend such session shall be good ground for postponement or continuance of the case till the session of the board shall have come to an end. SEC. 1279. The office of any member of the board of trustees shall be vacated if he neglects to furnish good and satisfactory excuse, in writing, to the board for LAWS RELATING TO LAND-GKAXT COLLEGES. 47 absence from two consecutive meetings thereof; and if any member for any cause fails to attend three successive meetings of the board, his office shall be declared vacant by the board, and the secretary shall in either event notify the governor of a vacancy in the board, and the governor shall fill the same as above pro- vided for. SEC. 1280. The members of the board shall each receive (for the payment of expenses actually incurred by them) the sum of $4 for each day of actual attend- ance at the meetings and mileage in actual fare to and from the place of meeting by the nearest practicable route from their respective homes, said expenses and mileage to be paid by the State treasurer out of the funds of the State by execu- tive warrant, on presentation of vouchers of the members approved by the chair- man and signed by the secretary of the board. The members of said board shall receive no emolument or compensation for their services as such members. SEC. 1281. The board of trustees shall submit to the general assembly, through the governor, biennial reports of their transactions, together with such informa- tion as is necessary to show the condition of the university, with such suggestions as it may think conducive to the good of the university and the cause of educa- tion in the State. SEC. 1282. In prescribing the course of study to be followed in said university it shall lie the duty of the trustees, in so far as the same can be done without det- riment to other departments, to encourage and promote by the disposition of the time and attention of the students the regular course of bachelor of arts, in order that said course shall not be subordinated to any other course in the institution. SEC. 1283. The board of trustees shall, in their discretion, ordain and establish such rules and measures as will, in their judgment, tend to secure the efficiency and promote the success of the two literary debating societies in said institution, and to the encouragement of oratory and composition among the students attend- ing the exercises in these societies. Si.c. 1284. The trustees have power: 1. To elect their own officers, such as chairman, vice-chairman, secretary, treasurer, or such of them as they may require, and also all other officers they may deem necessary for their organization. 2. To elect a presiding officer of said university, who shall be styled the "chan- cellor of the University of Georgia," and in case of a vacancy in his office, unsup- plit'd, to create such office and make such arrangement for the conduct of the institution as to them shall seem fit. 3. To elect or appoint professors, tutors, stewards, or any other officer necessary; to discontinue or remove them as the good of the university may require, and fix their salaries. 4. To prescribe the course of studies to be pursued by the students, the terms and manner of gradu- ating, and of conferring all the degrees. 5. To establish all such schools of learn- ing or art as may be useful to the State, and to organize the same in the way most likely to attain the ends desired. G. To call on all persons who may have, or have had, any funds, property, papers, or books belonging to the university, to deliver them up and make settlements. 7. To adjust and determine the expenses of the institution. 8. To exercise any power usually granted to such incorporat i to its usefulness, and not in conflict with the constitution and laws. .. The chairman of the board and two of its members may appoint a meeting at any time by giving to the others at least ten days' notice, by letter or otherwise. When the chairman does not act the senior trustee present shall pre- side, and in all other respects discharge his duties; when the board is divided the presiding officer shall give the casting vote, or may vote to make a tie. A major- ity of the body present shall govern, if a quorum. Nothing done at a special meet- ing shall be binding after the rising of the next annual meeting, unless then confirmed. SEC. 1286. Such trustees shall never dispose of the stock by them subscribed for, except with the consent of the general assembly, but the dividends therefrom may be drawn and used as the various demands of the university may require. SEC. 1287. The governor shall annually appoint five experienced educators, cit- izens of the State, as a special board of visitors to attend the examinations at the University of Georgia, preceding the annual commencement, to examine person- ally into the condition and management of said institution. Said visitors, or a majority of them, shall submit their report in writing as soon thereafter as pos- sible to the governor, in which they shall report upon the character of the exam- inations aforesaid, the condition and management of said institution, together with such suggestions and recommendations thereon as they may deem proper. Said reports shall be laid before the general assembly by the governor. SEC. 1288. A majority of said board shall constitute a quorum. Such visitors shall receive, as compensation for their services, $4 per diem, estimating /.rom the 48 EDUCATION REPORT, 1901-1902. date of leaving their homes, and mileage each way by the nearest practicable route to Athens at the rate of 3 cents per mile. The whole service of said board shall not exceed ten days. SEC. 1289. The board of visitors for the University of Georgia shall complete the report required of them and lay the same before the trustees of said institu- tion on or before the Saturday preceding the annual commencement day of said institution. The said board of visitors shall also, at the same time, present to the trustees, in writing, any matter of importance coming to their knowledge during their examination of the institution which, in their opinion, is material to the welfare, good management, and success of the same, making such suggestions touching the matter as may seem to the said board of visitors meet and proper: Provided, however, That the making of the report herein provided for shall not take the place of the report now required to be made to the governor under exist- ing laws. SEC. 1290. The board of trustees of the University of Georgia shall give to said report and the matter accompanying the same due and careful consideration, and in their discretion take final action on such matters as may be therein embraced looking to the welfare, government, discipline, and success of said institution. SEC. 1291. The governor shall lay the reports, respectively, of the board of trustees and the board of visitors, annually, before the general assembly, in con- nection with his annual message, with such comments as he may see proper, and when so done the general assembly has power to revise and approve or reject the action of the board of trustees. SEC. 1292. No person of any religious denomination shall be excluded from equal advantages of education and the immunities of the university on account of their speculative sentiments on religion, or for being of a different religious pro- fession from the trustees or faculty. SEC. 1293. The chancellor of the university, its professors and tutors, shall not be required to take certain oaths prescribed in its charter. SEC. 1294. The chancellor has the authority to appear before the general assem- bly once at each session and address them in person on the condition, interests, and wants of the university. SEC. 1295. The university may confer degrees as follows: (1) To each graduate of the university the degree of bachelor of arts; (2) to each graduate of the uni- versity, or of another college, of three years' standing, or to such graduates as have passed a year in the university schools (all being of good moral character), the degree of master of arts; (3) to all law students who have attended the lec- tures of the professors, and are recommended by them for the same, the degree of bachelor of laws; (4) to the graduates of such medical school as may be estab- lished by the trustees of the university, the degree of doctor of medicine; (5) to students in the university schools of two years' standing and proficient in two or more of them, the degree of doctor of philosophy; (6) to persons distinguished for learning, ability, and character, according to their respective vocations, the degree of doctor of laws, or of divinity, and, where appropriate, both. It may also con- fer such other degrees and honors as may tend to the promotion of the arts and sciences. SEC. 1296. By the authority of the board of trustees there shall be established, in connection with the university, an institute combining the instruction usually given in academies and to the lower classes in colleges, and by the same authority there may be a reduction of the number of years usually spent in colleges prior to graduation. University schools for professional education, including the applica- tion of science to the industrial arts as well as to the more abstruse and recondite sciences, and especially for the promotion of medical and legal education, not omitting the application of chemistry to agriculture and mathematics to civil engineering. SEC. 1297. There is reserved and set apart for the university campus, not sub- ject to alienation, 37 acres of the tract of land donated to the university by the late Governor John Milledge. SEC. 1298. The permanent income of said university from its bank stock shall not be less than $8,000 annually, and when the dividends from the bank shall not be equal to said sum, the governor is required to make up the deficiency semi- annually by his warrant on the State treasurer for its payment out of any money not otherwise appropriated. [For the character of the funds see act 95 of 1898, post.] SEC. 1299. The various acts of the general assembly relative to said university in force at the time of the adoption of this code, if not embraced herein and not inconsistent with what is so embraced, are still of force. LAWS RELATING TO LAND-GKANT COLLEGES. 49 [In the case of Dart et al. v. Houston, 22 Ga. (1857), the supreme conrt remarked in decid- ing a controversy as to the legal status of the corporation known as the Glynn County Acad- emy: >l ltis necessary in the outset to consider whether the 'Trustees of the Glynn County Academy 1 be a corporation 9 f tn e class which constitutes a contract between the State govern- ment and the corporators within the nieaninyr of that clause of the Federal Constitution which "contracts. * * * Chief Justice Marshall, in delivering the opinion or the court in Dartmouth College v. Woodward, remarked that k if the act of incorporation be the grant of political power, if it create a civil institution to bo employed in the administration of the government, or if the funds of the college be public property,' or if the State of New Hampshire, as a government, be alone interested in the trans- actions, the subject is one in which the legislature of the State may act, according to its own judgment, unrestrained by any limitation of its power imposed by the Constitution of the : States. ' * * * We will now trace the history of the Glynn County Academy. The fifty-fourth clause of the constitution of February, 1777, declares that 4 schools shall be erected i county, and supported at the general expense of the State, as the legislature shall here- after point out. 1 The fourteenth section of the act for the more full and complete establishment of a public seat of learning in this State declares that all public schools instituted or to be sup- ported by funds or public moneys in this State shall be considered as parts or members of the univer.--ny. and shall bo under the foregoing rules and regulations (being those prescribed for the university). Those rules and regulations show that the action of the board of visitors and the board of vus to be submitted to the supervision of the general assembly. * * * Commissioners were appointed for the town of Brunswick (1788) who were authorized to survey the town, and to ^ell all or any of the vacant lots in said town, except such as were reserved for iid the moneys arising from the sale were to be applied to the building and support of an academy in said town, and to no other purpose whatever. * * * In 1813 the legislature < I that the commissioners of the town and commons of Brunswick should bo commission- ihe academy, and appointed c-miniissioners in 1814 and authorized them to sue and sub- jected them to suit. * * * In 1H:) the inferior court of Glynn County was authorized and empowered to sell the academy building in said county and to apply the proceeds of the sale to- the education of poor children in said county and for other county purposes. * * * In 1838 the Brunswick Academy was incorporated, and the act to authorize the trustees of the Glynn County Academy to establish free schools in said county was repealed. * * * The university wasestab- lislu , and the act establishing it made all public schools instituted or to be supported by the St:it- members of the university and subject to the same rules and regulations, which placed: them under the control of the general assembly. * * * The question is as to the legislative control claimed and exercised over the government of the academy. It was exercised^ and its act acquiesced in. * * * If tin- academy had been founded on private donations and incorpo- rated in consideration thereof, the case would have fallen within the decision of the Dartmouth. ( '( >ll<"_ce case; * * * but the funds of the academy are public property, and the legislature waa not, therefore, restricted by any limitation of State powerin the Federal Constitution from pass- ing the act of 1854, which we are asked to declare void." In the Georgia Military Institute v. Simpson, contractor, in 1860, the court touched upon the same points, but in the way of arbiter. " The character of this institution," said the court, "is somewhat amphibious. It was originally a private corporation. It was purchased by the State in 1857, and it is difficult to determine IK-V, \vhat is its true character. It is purely a public cor- poration, bought with the funds of the State, and under its exclusive management and control. It has two boards a board of trustees and a board of visitors and it is no easy matter to dis- tinguish between the two. By the fourth section of the act of 1857 it is dev'lared: 'There shall be a board of trustees, who shall exercise all the powers and faculties usually exercised by trus- < "ilexes. ' Does this subject the State, through this corporation, to oe sued? We think not. Special power was given to sue the Central Bank and the State Road. There is no suck authority conferred as to this institution. * * * In this suit the trustees only were served. * * * [Now,] the contract out of which this action originated was made with the board of visitors. * * * It is manifest, then, that the Georgia Military Institute, if suable at all. ii'lu'fh u-r >> i >/ nut,!, >J,.i'i,t. can not be made chargeable through the board of trustees. * * * Tho appeal, therefore, must be to the public authorities and not to the courts.' 1 ] Acts and Resolutions, No. 95, 1898: SECTION 1. From and after the passage of this act, whenever the trustees of the university shall, through their duly author- i/cd agent or officer, present at the State treasury for redemption any valid, matured bond of this State as the property of such university, it shall be the duty of the governor to issue such trustees, in lieu of said matured bond so presented for payment, an obligation in writing, in the nature of a bond, in amount equal to the principal of matured bond, and falling due fifty years from the date of such issue, the same to bear interest at the rate of 3| per cent per annum, and not sub- ject to be called in for redemption by the State before that time, nor to be nego- tiated or transferred by said trustees, said new bonds or obligations to be payable, to the said trustees alone, and to be issued under the great seal of the State, and signed by the governor and countersigned by the secretary of state. The inter- est thereon to be paid semiannually on the 1st days of January and July of each year, the terms prescribed by this act for the issue of such obligations to be fully expressed in the body thereof, the amount of money necessary to pay the inter- est on such obligations being herein annually appropriated. (December 20, 1898.) Ibid., No. 158: The board of trustees of the university of the State are hereby authorized to operate regular summer sessions of the University of Georgia in graduate courses and work closely related thereto, including psychology and the history and philosophy of education, for the special benefit of the white teachers of the State without regard to sex or age. (December 22, 1898.) SEC. 1300. The Georgia Normal and Industrial College, at Milledgeville; State Normal School, at Rock College, Athens; State College of Agriculture and, ED 1902 50 EDUCATION REPORT, 1901-1902. Mechanic Arts, at Athens, with the Agricultural Experiment Station connected there with, at Griffin; North Georgia Agricultural College at Dahlonega; Medical College of the University of Georgia, at Augusta; the Technological School, at Atlanta; Georgia State Industrial College for Colored Youth, at Savannah, are branches of the University of Georgia, and are governed in the manner prescribed in the respective acts incorporating the same. SEC. 1301. All the branch colleges of the State University of Georgia, now or hereafter established, except the last mentioned in the preceding section, shall be open to all white female students of proper age and qualifications, with equal rights and privileges as those exercised and enjoyed by the male students of such institutions, under such rules and regulations as may be prescribed by the several boards of trustees of said institutions. SEC. 1302. The board of directors of the Georgia Experiment Station shall have conducted throughout the State each year, during the season most convenient to the agriculturists, a series of farmers' institutes for the instruction of the citizens of this State in the better methods of agriculture in its various branches. These institutes shall be held at such time and places as said board may direct. The board shall make such rules and regulations as it may deem proper for organizing and conducting such institutes. In selecting lecturers for said institutes prefer- ence shall be given to practical successful farmers possessing aptitude for the work. The exercises of such institutes shall be so arranged as to present the results of the most recent investigations in practical agriculture. SEC. 1303. It shall be the duty of said board to apply exclusively to the support of said institutes any moneys which may come into its possession under any act which the Federal Congress may hereafter pass in aid of farmers' institutes and any moneys which may be derived from any other source as a gift or donation in aid of farmers' institutes. Said board shall account to the governor for all such moneys quarterly, showing in detail amounts received, sources whence derived, and how expended. Reports as to moneys which may be received under any act of the Federal Congress as above indicated shall conform to Congressional require- ments. Biennially said board shall, through the commissioner of agriculture, report to the governor in detail its acts and doings as to said institute. The biennial reports shall embrace all the facts contained in the quarterly reports herein required. SEC. 1015. [Public Property, chapter 1 Public buildings.] The State has an interest in the university at Athens, the asylum for the blind at Macou, the build- ings of the Technological School, and of the other branch colleges. Joint resolution, November 26, 1890: The State of Georgia hereby accepts the donation from the United States of a part of the proceeds of the public lands to be paid and used as provided in an act of Congress of the United States, approved August 30, 1890, upon the terms and conditions prescribed therein. General laws, 1890-91: SECTION 1. There shall be established in connection with the State university, and forming one of the departments thereof, a school for the education and training of colored students. Said school shall be located, equipped, and conducted as hereinafter provided. SEC. 2. The governor shall appoint five fit and discreet persons, residents of this State, to be known as the "Commission on the school for colored students," who shall serve without pay, except that their actual expenses while away from their several places of residence, attending to the duties of such commission, may be allowed, as hereinafter provided; and they may select from their number a chairman and secretary, prescribe rules and regulation for their government, accept the resignation of any member, and fill all vacancies. A majority shall constitute a quorum for the transaction of business. SEC. 3. It shall be the duty of said commission, as soon as practicable after the passage of this act, to procure the grounds and buildings necessary for the estab- lishment of the school herein provided for. It shall be located within or near the corporate 'limits of that city or town in the State which shall offer the best induce- ments for such location, in the opinion of said commission. In making a selection of a location for said school the commission shall give preference to such place as shall be of easy access to all the colored people of the State, having due regard to the appropriateness, eligibility, and healthfulness of the surroundings, as well as to any offer or donation of value that may be made to secure the said school, and any inducements offered by any nonsectarian institute of this State. The selection once made shall be final. SEC. 4. The said commission, as soon as they shall have selected the location and procured the necessary grounds, shall proceed to have erected on such grounds suitable bnildings for such school, or, in case they secure grounds upon which there are buildings already erected, shall proceed to remodel the same, LAWS RELATING TO LAND-GRANT COLLEGES. 51 1 v from ;iity in this State, selected by the board of education in each county, under such rules and regulations to be prescribed by the local board of trustees herein provided for, and who shall be first entitled to the benefits of said school; the tuition shall be free to all students who are residents of the State of Georgia. The rate of tuition to others than residents of the State shall not -1 fifty dollars per annum. . 10. The five persons named in the second section of this act shall become, as soon as said school is turned over by them to the board of trustees of the Uni- versity of Georgia, a local board of trustees for said school, with perpetual suc- n, as hereinbefore provided, and they shall always be charged with the immediate control, supervision, and management of said school, subject to the general board of trustees. The chairman of said local board of trustees shall be ex ojjicio a member of the board of trustees of the University of Georgia. SEC. 11. All property purchased under authority of this act shall be free from liens or incuuibrances, and title to the same, as well as to any donation that said commission may receive, shall be taken in the name of the trustees of the Uni- y of Georgia, in their corporate capacity, and said property shall become the property of the State of Georgia, and the same shall not be alienated by any one, nor shall any valid lien be created thereon, neither in the erection of any building thereon, nor by the act of any person, nor by the operation of law. SEC. 12. When one of said conn a ission shall have incurred any necessary expense while away from his place of residence in the performance of his duty under this act, then, on verification of the same, by his affidavit, the governor may indorse the same as correct, and order it paid out of the funds herein appropriated. Any indebtedness for plans and specifications must likewise be indorsed by the gov- ernor before payment of the same is made. SEC. 13. When said commission shall have performed their duties under this act and shall turn over said property to the trustees of the University of Georgia, as herein provided, said commission shall submit to said board a full and final statement describing the property purchased, the amount of money expended therefor, with proper vouchers, and said board of trustees, after verification of the same, shall transmit to the governor said report, with any suggestions there- with they may deem proper to make, and the governor shall transmit to the general assembly a summary of the same. SEC. 14. The sum of eight thousand dollars is hereby annually appropriated to the board of trustees of the university to be drawn upon executive warrant in their favor for said purposes. SEC. 15. The appropriation herein provided for shall be in lieu of any claim of the colored population of this State upon the proceeds of the agricultural land 52 EDUCATION REPORT, 1901-1902. scrip donated by the Congress of the United States by said act of Congress approved July 2, 1862. SEC. 16. The board of visitors of the State university, or a committee of their body, shall exercise like functions and powers touching said institution as are prescribed by law for said board in relation to the State university. SEC. 17. As to the additional donation of the proceeds of public lands made to this State by the United States under said act of Congress approved August 30, 1890, the general assembly proposes and reports to the Secretary of the Interior of the United States as a just and equitable division of the funds to be received under said act of August 30, 1800, between one college for white students and one institution for colored students, that one-third of said fund shall be for the colored students and two- thirds for the whites, provided, that this division may be at any time modified by the written consent of the Secretary of the Interior of the United States and the governor of Georgia for the time being, so as to make the same a just and equitable division of the fund arising under said act of Congress of August 30, 1890, between the white and colored people of the State for the pur- poses of said education. SEC. 18. The act approved March 3, 1874, entitled "An act to equitably adjust the claims of the colored race for a portion of the proceeds of the agricultural land scrip," by which eight thousand dollars per annum was heretofore appro- priated to the Atlanta University, is hereby repealed. And no colored student shall be admitted into the university and no white student shall be admitted into the school for colored students herein provided and established. SEC. 19. All laws and parts of laws in conflict with the provisions of said act, including said act of March 3, 1874, are hereby repealed. (November 26, 1890.) IDAHO. Constitution (1889) Article X: SECTION 1. Educational, reformatory, and penal institutions, and those for the benefit of the insane, blind, deaf and dumb, and such other institutions as the public good may require, shall be established and supported by the State in such manner as may be prescribed by law. SEC. 2. All property and institutions of the Territory shall, upon the adoption of the constitution, become the property and institutions of the State of Idaho. [The following matter is taken from the general laws of the State of Idaho.] General laws, 1888-89: SECTION 1. There is hereby established in this Territory, at the town of Moscow, in the county of Latah, an institution of learning by the name and style of " The University of Idaho." SEC. 2. [See act passed at fifth session.] The government of the university shall vest in a board of regents to consist of nine members chosen from the Terri- tory at large, which board the governor shall nominate and, by and with the advice and consent of the legislative council, appoint. The term of office of said regents shall be two years from the first Monday in February in the year in which appointed. SEC. 3. The board of regents and their successors in office shall constitute a body corporate by the name of "The Regents of the University of Idaho," and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by law, and shall have the custody of the books, records, buildings, and other property of said university. The board shall elect a president, secretary, and treasurer who shall perform such duties as shall be pre- scribed by the by-laws of the board. The secretary shall keep a faithful record of all the transactioaas of the board and of the executive committee thereof. The treasurer shall perform all the duties of such office, subject to such regulations as the board may adopt, and for the faithful discharge of all his duties shall execute a bond in such sum as the board may direct. SEC. 4. The time of the election of the president, secretary, and treasurer of said board, and the duration of their respective terms of office and the times for holding the regular annual meeting and such other meetings as may be required, and the manner of notifying the same, shall be determined by the by-laws of the board. A majority of the board shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. SEC. 5. The board of regents shall enact laws for the government of the univer- sity in all its branches, elect a president and the requisite number of professors, instructors, officers, and employees, and fix the salaries and the term of office of each, and determine the moral and educational qualifications of applicants for LAWS RELATING TO LAND-GRANT COLLEGES. 53 admission to the various courses of instruction; but no instruction either sec- tarian in religion or partisan in politics shall ever be allowed in any department of the university, and no sectarian or partisan test shall ever be allowed or exer- cised in the appointment of regents or in the election of professors, teachers, or other officers of the university, or in the admission of students thereto, or for any purpose whatever. The board of regents shall have power to remove the presi- dent or any professor, instructor, or officer of the university, when in their judg- ment the interests of the university require it. The board may prescribe rules and regulations for the management of the libraries, cabinet, museum, laboratories, and for the care and preservation thereof, with penalties and forfeitures, by way of damages for their violation, which may be sued for and collected in the name of the board, before any court having jurisdiction of such action. SEC. 6. The board of regents are authorized to expend such portion of the income of the university fund hereinafter created as they may deem expedient for the erection of suitable buildings and the purchase of apparatus, a library, cabinets, in id additions thereto. SEC. 7. At the close of each fiscal year the regents, through their president, shall make a report in detail to the governor, exhibiting the progress, conditions, and wants of the university, the course of study, the number of professors and students, the amount of receipts and disbursements, together with the nature, costs, and results of all important investigations and experiments, and such other information as they may deem important. SEC. 8. The president' of the university shall be president of the faculty or of the several faculties as they may be hereafter established and the executive head of the instructional force in all its departments. As such, he shall have authority, subject to the board of regents, to give general direction to the instruction and scientific investigation of the university, and so long as the interests of the insti- tution require it he shall be charged with the duties of one of the professorships. The immediate government of the university shall be intrusted to the faculty, but the regents shall have power to regulate the course of instruction and pre- scribe the books or works to be used in the several courses and also to confer such <-s and grant such diplomas as are usual in universities or as they shall deem appropriate, and to confer upon the faculty, by by-laws, the power to suspend or expel students for misconduct or other cause prescribed by such by-laws. SEC. 9. The object of the University of Idaho shall ba to provide the means of acquiring a thorough knowledge of the various branches of learning connected with scientific, industrial, and professional pursuits, and to this end it shall con- sist of the following colleges or departments, to wit: First, the college or depart- ment of arts; second, the college or department of letters; third, the professional or other colleges or departments as may from time to time be added thereto or connected therewith. Si.c. 10. The college or department of arts shall embrace courses of instruction in mathematical, physical, and natural sciences with their application to the industrial arts, such as agriculture, mechanics, engineering, mining, and metal- lurgy, manufactures, architecture, and commerce in such branches included in the college of letters as shall be necessary to a proper fitness of the pupils in the scientific and practical courses for their chosen pursuits, and, as soon as the income of the university will allow, in such order as the wants of the public shall seem to require, the said courses in the sciences and their application to the prac- tical arts shall be expanded into distinct colleges of the university, each with its own faculty and appropriate title. The college of letters shall be coexistent with the college of arts and shall embrace a liberal course of instruction in language, literature, and philosophy, together with such courses or parts of courses in the college of arts as the regents of the university shall prescribe. SEC. 11. The university shall be open to female as well as male students, under such regulations and restrictions as the board of regents may deem proper. SEC. 12. No student who shall have been a resident of the Territory for one year, next preceding his admission, shall be required to pay any fees for tuition in the university, except in a professional department and for extra studies. The regents may prescribe rates of tuition for any piipil in a professional department, or who shall not have been a resident as aforesaid, and for teaching extra studies. SEC. 13. The board of regents herein provided for shall be appointed immedi- ately after this act becomes a law; and within ninety days after the appointment of said regents the board shall meet at Boise City and elect a president, secretary, and treasurer thereof, and shall at said meeting adopt by-laws for the government of said board and the officers chosen by virtue of this act. SEC. 14. The sum of $15,000 is hereby appropriated out of any money in the Territorial treasury of Idaho, not otherwise appropriated, and the Territorial 54 EDUCATION REPOET, 1901-1902. comptroller is hereby authorized to draw his warrant on the Territorial treasurer for said amount, and the Territorial treasurer is hereby directed and commanded to pay the same, as hereinafter provided, which money shall be expended for the following purposes, to wit: First, the purchase of a site or grounds for said uni- versity, said location to consist of not less than 10 nor more than 20 acres of ground, and for the improvement of the same, and for keeping the same in repair; second, to advertise for and obtain plans and specifications for a university build- ing, under such rules and regulations as the board may impose; third, for the payment of the necessary expenses of said board, as hereinafter provided. SEC. 15. The president and secretary ex officio r and one member of the board to be appointed by the president thereof, shall constitute an executive committee of said board, whose duties shall be prescribed by the by-laws of the board. SEC. 16. Upon executing and filing with the Territorial treasurer a good and sufficient bond, in whatever sum the board of regents shall direct, provided said bond shall have been first approved by the Territorial attorney-general, the Ter- ritorial treasurer shall pay over to the treasurer of said board the sum of $15,000, or so much thereof as may be available; and in the event said sum is not paid in full upon the execution and delivery of said bond as aforesaid, then the remainder of said sum shall be transferred to the treasurer of said board as speedily as the fund shall accumulate therefor. SEC. 17. The treasurer of said board shall, out of any moneys in his hands belonging to said board, pay all orders drawn upon him by the president and sec- retary thereof, when accompanied by vouchers fully explaining the character of the expenditure, and the books and accounts of the treasurer shall at all times be open to the inspection of the board. The treasurer shrill make an annual report to the president of the board of all transactions connected with the duties of his office. SEC. 18. There shall be levied and collected annually a Territorial tax of one- half mill for each dollar of the assessed valuation of the taxable property of the Territory, which amount, when so levied and collected, shall be appropriated to a university-building fund to remain in the treasury subject to the order of the board of regents; but in no event shall said board appropriate the fund thus col- lected, or any portion thereof, to any purpose other than that for which said fund was provided: And provided further, That said tax shall not be levied and col- lected for a longer period than four years. SEC. 19. The regents shall receive the actual amount of their expenses in travel- ing to and from and in attendance upon all meetings of the board, or incurred in the performance of any duty in pursuance of any direction of the board: accounts of such expenses shall be duly authenticated and audited by the board, and be paid on their order by the treasurer out of any fund belonging to the university not otherwise appropriated. No regent shall receive any pay, mileage, or per diem except as above prescribed. (January 30, 1889.) General laws, first session (1890-91): SECTION 1. The assent of the legislature of the State of Idaho is hereby given to all the provisions of an act of Congress approved July 2, 1863, and also to an act approved March 2, 1887, entitled ''An act to establish agricultural experiment stations in connection with the colleges established in the several States under the provisions of an act approved July 2, 1862, and the acts supplemental thereto," and the acts amendatory thereof and supplementary thereto. (January 23, 1891.) General laws, first session (1890-91): SECTION 1. Section 18 of an act to establish the University of Idaho be amended to read as follows: SEC. 18. There shall be levied and collected annually a State tax of three-quarters of a mill for each dollar of the assessed valuation of taxable property of the State of Idaho, which amount, when so levied and collected, shall be appropriated to a university building fund, to remain in the Treasury subject to the order of the board of regents; but in no event shall said board appropriate the fund thus collected, or any portion thereof, to any purpose other than that for which said -fund was pro- vided: And provided further , That said tax shall not be levied and collected for a longer period than four years from the date hereof. (February 12, 1891.) General Laws, second session: SECTION 1. Section 1 of an act to establish the University of Idaho [evidently the act of February 2, 1891, is the one referred to, not section 18 of the act of January 30, 1889. referred to in the foregoing law of February 12, 1891] be amended to read as follows: There shall be levied and col- lected annually a State tax of three-quarters of a mill for each dollar of the assessed valuation of taxable property of the State of Idaho, which amount when so levied and collected shall be appropriated to a university building fund, to remain in the treasury subject to the order of the board of regents: but in no event shall said board appropriate the funds thus collected or any portion thereof LAWS KELATING TO LAITD-GKANT COLLEGES. 55 to any purpose other than that for which said fund was provided, and provided that said tax shall be levied and collected for the years 1893, 1894, and 1895; and that the said board of regents may anticipate the receipt of the said taxes by issuing warrants to the contractors for the erection of the buildings, bearing interest at not more than per cent per annum, payable out of the first moneys received from said taxes, and said warrants shall be a charge upon said taxes only and not a charge against the State. (February 24, 1893.) General Laws, fifth session: SECTION 1. Section 2 of an act to establish the University of Idaho is amended to read as follows: SEC. 2. The government of the university shall vest in a board of regents to consist of nine members chosen from the State at large, which board the governor shall nominate, and with the advice and consent of the Senate, appoint. The term of office of said regents shall be six years from the first Monday in February in the year in which appointed: Pi'O- That the regents appointed in the year 1899 shall hold their offices during the following periods: Three shall be appointed for a term of two years, three shall be appointed for a term of four years, and three shall be appointed for a term of six years. The governor shall have power to fill vacancies in the board by appointment, which appointment shall be valid until the last day of the regu- lar session of the legislature following such appointment. Ibid: SECTION 1. For the purpose of providing money for the finishing and fur- nishing Hi'- State University of Idaho, etc., a loan of $49,000 is authorized. .8. Fourteen thousand dollars shall be paid out for expenses incurred in finishing and furnishing the State University of Idaho. (March 9, 1899.) General Laws, sixth session: SECTION 1. Section 2 of an act "To establish the University of Idaho/' is amended to read as follows: SEC. 2. The government of the university shall vest in a board of regents, to consist of five members chosen from the State at large, which board the governor shall nominate, and with the advice and consent <>r the senate, appoint. The said board shall be nonpartisan, no more than three of whom shall be of the same political party. The terms of of said regents shall be six years from the first Monday in February in the year in which appointed: /Yor/mW, That the regents appointed in the year 1901 shall hold their office during tho following periods: One shall be appointed for a term of four years and two shall be appointed for a term of six years. The gov- ernor shall have power to till vacancies in the board by appointment, which appointment shall bo valid until the last day of the regular session of the legisla- ture following such appointment. (March 4, 1901.) Ibid: SECTION 1 . For the purpose of providing money for the erection of a school of science hall, mid for the er. - -girls' dormitory and the furnishing thereof at the University t>" of Idaho/ a loan of $50,000 is hereby authorized, to be negotiated by a board consisting of the governor, treasurer, secretary of state, and attorney-general of th- State of Idaho, on the faith and credit of the State of Idaho, and secured by the ] .s herein provided, of the sales of school of science lands and timber on such lands, and of the interest on the moneys accru- ing from the sales of lauds and timber belonging to the Agricultural College and the State University. SEC. 5. For the purpose of securing the payment of the principal of the bonds Nos. 1 to 25, inclusive, provided for in this act, the proceeds of the sale of all the lands, or of the timber growing thereon, granted to the State of Idaho by the United States for the establishment and maintenance of a school of science, are hereby set apart as a separate and distinct fund, to be known as the school of science building fund; and after the payment of said principal of said bonds of this act, then the proceeds of the sales of said lands or timber shall be paid into the general fund in the State treasury until the amount, equal to the total amount of interest that has heretofore been paid out of the general fund on said bonds, issued under the provisions of this act, less the amount of interest that may have been paid into the said general fund from investment of school of science sinking fund money in State warrants as herein provided, has been so paid into the gen- eral fund. " When the principal of said bonds shall have been fully paid, and the general fund of the State reimbursed for the interest on said bonds provided for in this act, then and thereafter the proceeds of the sales of said lands and timber shall be disposed of as may by law be provided. SEC. 6. For the purpose of securing the payment of the principal of the bonds Nos. 26 to 50, inclusive, provided for in this act, the interest on the proceeds of the sale of all the lands, or of timber growing thereon, granted to the State of Idaho by the United States for the support and maintenance of an agricultural college and for the support and maintenance of a State university are hereby set apart as a distinct fund, to be known as the university dormitory building fund; and after the payment of said principal of said bonds of this act, then the inter- 56 EDUCATION REPORT, 1901-1902. est on the proceeds of the sales of said lands or timber shall be paid into the general fund in the State treasury until the amount, equal to the total amount of interest that has heretofore been paid out of said general fund on said bonds, issued under the provisions of this act, less the amount of interest that may have been paid into the said general fund from the investment of university dormitory building sinking fund money in State warrants as herein provided, has been so paid into the general fund. When the principal of said bonds shall have been fully paid and the general fund of the State reimbursed for interest on said bonds provided for in this act, then and thereafter the interest on the proceeds of the sale of said lands and timber shall be disposed of as may be provided by law. (March 14, 1901. The act has 9 sections; those omitted deal with the financing of the loan.) ILLINOIS. Constitution (1870), Article VIII: SECTION 2. All lands, moneys, or other prop- erty donated, granted, or received for school, college, seminary, or university pur- poses, and the proceeds thereof, shall be faithfully applied to the objects for which such gifts or grants were made. SEC. 3. Neither the general assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever anything in aid of any church or sectarian purpose or to help support or sustain any school, academy, seminary, college, uni- versity, or other literary or scientific institution controlled by any church or sec- tarian denomination whatever; nor shall any grant or donation of land, money, or other personal property ever be made by the State or any such public corporation to any church or for any sectarian purpose. [The following matter is taken from "The Eevised Statutes of the State of Illinois, 1901, com' . piled aud edited by Harvey B. Hurd." Chicago, 1901.1 Chapter 144: SECTION!. Any corporation which has been or may be incorpo- rated under any general law of this State for the purpose of establishing or con- ducting a university, college, academy, or other institution of learning, in addi- tion to the powers granted by such law, shall have power to take by purchase, gift, grant, devise, or bequest, and to hold for the use of such corporation, any real or personal property whatever, and to sell, convey, mortgage, or otherwise use the same as may be considered most conducive to the interests of such insti- tution; but such corporation shall have no power to divert any gift, grant, devise, or bequest from the specific purpose designated by the donor. SEC. 16. The Illinois Industrial University, located at Urbana, in Champaign County, shall, after the passage of this act, be known as the University of Illinois, and under that name and title shall have, possess, be seized of, and exercise all rights, privileges, franchises, and estates which have hitherto belonged to, or may hereafter inure to, the said Illinois Industrial University. SEC. 17. There shall be elected at the general election, to be held in the several precincts and counties of this State on the Tuesday next after the first Monday of November, 1888, and every two years thereafter three trustees of the Univer- sity of Illinois, and the trustees so elected, together with the governor, the presi- dent of the State board of agriculture, the superintendent of public instruction, and those persons who may have been appointed by the governor, to be trustees of said university, and whose terms of office shall not have expired, shall consti- tute the board of trustees of the University of Illinois, and shall succeed to and exercise all the powers conferred by the act " to provide for the organization and maintenance of the Illinois Industrial University," approved February 28, 1867, except as is herein or may be hereafter provided by law. SEC. 18. The trustees, to be elected as provided in this act, shall be voted for on the same ballots with the State officers to be chosen at such recurring general elections, and the election of said trustees shall be conducted, and the canvass, statement, and returns of the votes cast for said trustees shall be made in the same manner and by the same officers, and shall be governed in every particular by the laws of this State governing a general election. The term of office to be held severally by the trustees so elected and by their successors shall be six years from the second Tuesday of March next succeeding the dates of their several elections, and until their successors shall have been elected and qualified; pro- vided, in case of vacancy in said board such vacancy shall be filled by appoint- ment by the governor until the next general election. Said board of trustees may appoint an executive committee of three chosen out of their own number, which committee, when said board is not in session, shall have the management LAWS RELATING TO LAND-GRANT COLLEGES. 57 and control of the university and of its affairs, and for that purpose shall have and exercise all the powers which are necessary and proper for such object, except in so far as the board may reserve such powers to itself, and any powers granted at any time by said board to such executive committee the board may at any time revoke. SEC. 19. To equalize the advantages of the University of Illinois to all parts of the State, there shall be awarded annually, as hereinafter provided, to each county of the State one State scholarship, which shall entitle the holder thereof, who shall be a resident of the senatorial district to which he is accredited, to instruc- tion in any or all departments of said University of Illinois for a term of four years, free from any charge for tuition or any incidental charge, unless such incidental charges shall have been made for materials used or for damages need- lessly done to property of the university: Provided, That in counties having two or more senatorial districts there shall be awarded annually one additional scholar- ship for each of said senatorial districts. Sic. 20. A competitive examination under the direction of the superintendent of public instruction shall be held at the county court-house in each county of the State upon the first Saturday of June in each and every year by the county super- int< TI dent of schools upon such branches of study as said superintendent of public instruction and the president of said university may deem best. SEC. 21. Questions for such examinations shall be prepared and furnished by the president of the university to the superintendent of public instruction, who shall attend to the printing and distribution thereof to the several county super- intendents of schools prior to such examinations. SEC. 22. In case any candidate who shall be awarded a scholarship shall fail to pass the entrance examination to the university, or shall fail to claim the privi- leges of such scholarship, or having claimed the privileges shall be expelled, or for any reason shall abandon his right to or vacate such scholarship either before or after entering thereupon, then the candidate certified to be next entitled in the same county shall become entitled to the same. In case any scholarship belonging to any county shall not be claimed by any candidate resident in that county, the superintendent of public instruction may fill the same by appointing some candidate first entitled t<> a vacancy in some other county, after notice has been served upon the county superintendent of said first-mentioned county. S:.c. v j:!. The comity superintendents shall, within ten days after such examina- tion, make and file in the office of the superintendent of public instruction certi- ficates, in which thry shall name all the candidates examined and specify the order of their excellence: and such candidates shall, in the order of their excel- lence, become <; (titled to the scholarships belonging to their respective counties. The examination papers handed in by each candidate shall also be filed with the certificate of examination. SEC. 2-1. Candidates to be eligible to said scholarship shall be at least 16 years of age, and shall have been bona fide residents of their respective counties for at least one year immediately preceding the examination. Si:r. 2.">. Any student holding a State scholarship, and who shall make it appear to the satisfaction of the president of the university that he requires leave of absence for the purpose of earning funds to defray his expenses while in attend- ance, may, in the discretion of the president, be granted such leave of absence, and may be allowed a period not exceeding six years from commencement thereof for the completion of his course at said university. SEC. 26. Notices of the time and place of the examination shall be given in the schools having pupils eligible thereto prior to the 1st day of January in each year. The superintendent of public instruction shall attend to the giving of the notices hereinbefore provided for; he may in his discretion direct that the examination in any county may be held at some other time and place than that hereinbefore specified; he shall keep full records in his department of the reports of the differ- ent examiners, showing the age. post-office address, and standing of each candi- date, and shall notify candidates of their rights under this act; he is hereby charged with the general supervision and direction of all matters in connection with the filling of such scholarships; he shall determine any controversy which may arise under this act. SEC. 27. Students enjoying the privileges of State scholarships shall, in common with other students of said university, be subject to all the examinations, rules, and requirements of the board of trustees and faculty as herein provided. S,':r. 2H. Nothing herein contained shall be construed to prevent the board of trustees of said university from granting such other free scholarships as in their discretion may be deemed best. SEC. 29. The trustees of the University of Illinois are hereby authorized and 58 EDUCATION REPORT, 1901-1902. directed to establish a chemical and biological survey of the waters of the State in connection with the said university. SEC. 30. It shall be the duty of the university to collect facts and data concern- ing the water supplies of the State; to collect samples of waters from wells, streams, and other sources of supply; to subject these samples to such chemical and biological examination asid analysis as shall serve to demonstrate their sani- tary condition, and to determine standards of purity of drinking waters for the various sections of the State; to publish the results of these investigations in a series of reports to be issued annually or oftener, to the end that the condition of the potable waters of the State may be better known and that the welfare of the people of the various communities of the State may thereby be conserved. SEC. 31. For the installation and support of said survey there is hereby appro- priated the sum of $3,000 per annum. SEC. 32. The auditor of state is hereby authorized and directed to draw his war- rants quarterly, in advance, on the treasurer for the sums hereby appropriated, upon the order of the chairman of the board of trustees of the University of Illi- nois, attested by the secretary, and with the corporate seal of the university: Pro- vided, That no part of said sums shall be due and payable to said institution until satisfactory vouchers in detail, approved by the governor, shall be filed with the auditor, for the expenditure of the last quarterly installment of appropriations herein made. SEC. 43. To assist and encourage useful education among the farmers and for developing the agricultural resources of the State, an organization under the name and style of " Illinois Farmers' Institute " is hereby created and declared a public corporation of the State. SEC. 44. It shall consist of three delegates from each county of the State, elected annually at the farmers' institutes for said county by the members thereof. SEC. 45. The affairs of the "Illinois Farmers' Institute " shall be managed by a board of directors, consisting of (1) State superintendent of public instruction, (2) professor of agriculture of the University of Illinois, (3) president of the State board of agriculture, (4) president of the State Horticultural Society, (5) presi- dent of the State Dairymen's Association, and one member from each Congres- sional district of the State, to be selected by the delegates from the district present at the annual meeting of this organization: Provided, That the members first selected from the Congressional districts of even numbers shall serve for one year and the members first selected from the Congressional districts of odd numbers shall serve for two years, and that the members selected thereafter to fill expired terms of office shall serve for a period of two years. SEC. 46. The board of directors of the Illinois Farmers' Institute shall have sole care and disposal of all funds that may be appropriated by the State to sustain the organization, and shall expend the same in such manner as in their judg- ment will best promote the interest in useful education among the farmers and develop the agricultural resources of the State. The Illinois Farmers' Institute shall make annual report to the governor of its transactions, which report shall include papers pertaining to its work and addresses made at the annual meeting of the organization, and a classified statement of all the moneys received and of all expenditures made; and 20,000 copies of said report shall be printed on or before September \ of each fiscal year, one-half for the use of the Illinois Farmers' Insti- tute and the remainder to the secretary of state for distribution. It shall make no appropriation without funds in hand to meet the same, and the State of Illinois shall in no event be held liable or responsible for any debt, obligation, or contract made by the Illinois Farmers' Institute or its board of directors. SEC. 47. There shall be held annually, under the direction of the board of directors, between October 1 and March 1 following of each year, a public meeting of the delegates from county farmers' institutes and of farmers of this State, at such time and place as may be determined by the board of directors, of not less than three days' duration, which meeting shall be held for the purpose of develop- ing the greater interest in the cultivation of crops, in the care and breeding of domestic animals, in dairy husbandry, in horticulture, in farm drainage, in improved highways, and general farm management, through and by means of liberal discussion of these kindred subjects, and any citizen may take part in these meetings, but only duly elected and accredited delegates from county farmers' institutes shall be permitted to vote in the election of the board of directors. SEC. 48. The members of each new board of directors shall enter upon their duties the next Tuesday after their election and hold their offices for one or two years, as provided in section 3, or until their successors are elected and enter upon their duties; it shall have power to fill vacancies in the board; it shall organize ^y the election of a president, vice-president, secretary, treasurer, and State super- LAWS RELATING TO LAND-GRANT COLLEGES. 59 intendent of the Fanners' Institutes, and such other officers or agents as may be deemed proper for organizing and conducting the work of the organization, who shall hold their offices for one year, unless removed sooner by the board-, and shall perform such duties as may be required of them by rules of the board. The sec- retary, treasurer, and superintendent may be other than members of the board. SEC. '49. Rooms in the capitol building shall be assigned to the officers of this organization by the proper authority, which shall then be under the control of tho board of directors. SEC. 50. The board of directors may make and enforce such rules and by-laws, not in conflict with the laws of this State, as will render its work most useful and efficient. SEC. 51. For the purpose mentioned in the preceding sections, said board of directors may use such sum as it may deem proper and necessary, not exceeding the amount appropriated therefor by the general assembly from the general fund for that purpose: 1 . /////>/, That -the (1) State superintendent of public instruction, (2) professor of agriculture of the University of Illinois, (3) presi- dent of the State board of agriculture, (4) president of the State Horticultural Society, (5) president of the State Dairymen's Association, and the present Con- gressional representatives of the Illinois Farmers' Institute Association shall con- stitute the first board of directors of this organization, who shall have charge of the affairs of the same until their successors have been duly elected and enter upon their duties, as provided in this act. [By an act of the general assembly passed February 21, 1861, there was incorporated an insti- tution called the Illinois Agricultural College " for the purpose of instruction in practical and ;ic agriculture." For the purpose of enabling the college to perform this duty, by the MU'ln h section of the charter, the State gave to the corporation the college and seminary lands i if tin- St.-it e,and the evidence shows that these were subsequently sold by the college for $58,000. Iiool was opened in ls^5. " But it was in character no more than a common school. Tho rovi(iMl facilit ies for teaching the mechanic arts. On the contrary, the whole effort seems to have been :i failure. These facts, as shown by the evidence in the case, seem most clearly to establish a waste and perversion of the fund donated by the State. That fund had been granted to tho State by Congress for the purpose of maintaining a college or seminary of >.y this charter, a and there would seem to be no doubt that the general assembly intended, wl it, that it should be held as a sacred trust fund for the i-t, improvement, and carrying on a college of the cha meter they were incorporating. It manifestly wus not to maintain a common school for that particular neighborhood. It was intended to be an < 'tit of young men throughout the entire State, and they BO provided by tin- charter; but th> trust was violated, the fund perverted or squandered, and or the general aasembly defeated, and the benefits intended to be conferred by a ruction in all the branches taught in similar institutions in any of i the Union, or contemplated by the act of Congress donating land to the several States t.> establish agricultural colleges." We fail to perceive how this in anywise releases the from any duty in;}-. .sene of the duties imposed was that they would hold the lands donated, or the pro- ceeds of their sale, for tho l purpose of establishing, improving, and carrying on said college and farm.' This was the tr. but it has been abused, the fund misappropriated and wasted, ami the hist it u ; ; u is si). >\vn to have become incapable of executing the trust, in the future, in mis of tho charter. This being true, and a court of equity having juris- diction of trusts ami trust property, it may, in case of waste, perversion, or mobility or indispo- sition of the trustee to execute the trust, seize the property or fund and place it in the hands of a trustee who will execute the trust. In this case the land was granted by the General Government to the State, in trust for agri cultural and educational purposes not for common-school purposes, but as a college and seminary fund for education of a higher character, and to that end it was intrusted to this cor- poration; and when the fund was put in the land and buildings of the colleges, it did not lose its character of trust funds. It still retained that character, although perverted to the use of a district school, using the buildings for that purpose, and renting the lands and appropriating the rents to the same purpose. * * * There was also, on the part of the court below in dis- missing the bill, most manifest error in rendering a decree for costs, as the State is never liable to be decreed to pay costs, and the attorney-general only acted in his official character. The Attorney-General r. The Illinois Agricultural College etal. (1877), 85 111. In 1853 the general assembly of Illinois passed an act, the third section of which provided that: All property described in this section, to the extent herein limited, shall be exempt from taxation. That is to say (1) all lands donated for school purposes and not sold or leased; all public schoolhouses and houses used exclusively for public worship, the books and furniture therein, and the grounds attached to such buildings necessary for the proper occupancy, use, and enjoyment of the same and not leased, or otherwise used with a view to profit; all colleges, academies; all endowments made for their support; all buildings connected with the same and all lands connected with institutions of learning not used with a view to profit. This provision States for the establishment of agricultural colleges. Private Laws, 1867, p. 1. 60 EDUCATION REPORT, 1901-1902. shall not extend to leasehold estates of real property held under the authority of any college or university of learning. On an appeal from a judgment for taxes of 1870 assessed against lands belonging to the board of trustees of the Illinois Industrial University, against whom the board of supervisors of Champaign County obtained a judgment in the circuit court of Champaign County, the supreme court said: "This is an appeal from a judgment for taxes of 1870 assessed against lands belonging to appellants and conveyed to them in consideration that the Indiistrial University should be located at Urbana in this State. It is clear that the title to these lands is in appellants in trust and that the institution and its property is under the control of the State and is held in trust for the State; that as it is the property of the State it is exempt from, taxa- tion. * The only question, then, presented by this record is whether this is the property of the State. If so then it is exempt from taxation. To determine that question we must turn to the act which brought this institution into existence. Congress having donated a large amount of land scrip to the State for the purpose of founding a university and the board of supervisors of Champaign County having offered to donate a college edifice and a large quantity of land if the State would locate permanently the Illinois Industrial University at Urbana, in that county, the general assembly on the 28th day of February, 1867, created a body corporate to govern the fund and the university. The trustees were to be appointed by the governor and^to be con- firmed by the senate. * * * They were required to permanently locate the institution at Urbana and to provide the requisite buildings, apparatus, and conveniences, to fix the rates of tuition, to appoint the professors, etc. * * * The appropriations at each session of the legis- lature might be referred to as showing that the general assembly regard and have always regarded this as a State institution. The fund was donated to the State in the first place for the establishment and maintenance of an institution of learning which this represents, and we fail to find the slightest indication of an intention on the part of the State to part with either the ownership of the property or control of the institution. It is true that the general assembly nave created a body corporate as the most convenient mode of controlling the institution, its property, and affairs, but it will be observed that the State retains the power of appointing its trustees, and no doubt has power through agents other than the trustees to sell and dispose of the property of the institution, or they may at- pleasure amend or even repeal the charter as public policy or the interest of the university may require. It will be observed that the persons appointed for the government of the university are created and called trustees. They derive all their powers from the State and they act for and on behalf of the State, and the power which conferred authority on them to act may withdraw or modify it at pleasui-e. Had the general assembly intended that the property might be sold for any purpose, some language indicating such intention no doubt would have been employed. In any view in which we have been able to consider the case we have been irresistably impelled to the conclusion that this real estate, although conveyed to the corporate body, belongs to and is under the entire control of the State when disposed to exercise the power, and, being property of the State, we have seen the consti- tution authorized its exemption from taxation, and the general assembly has exempted it. As an irresistible conclusion it follows that the judgment of the court below is erroneous, and it must be reversed." 76 111. (1875). Other decisions more or less applicable are Board of Educa- tion v. Greenbaum & Sons, 39 111. " The property of the normal university is not the property of the State, but is the property of the 'board of education of the State of Illinois,' and the only remedy a creditor has against it is by judgment and execution as in a case against an individual or other corporation not of a municipal character. 1 ' Also 71 111., Thomas v. Board of Trustees of the Illinois Industrial University et al. "The Illinois Industrial University is a State institution and not subject to the mechanics-lien law," which is the converse of Board of Education v. Greenbaum in 39 111. and Board of Education v. Bakewell, 13 111., reaffirming 89111. INDIANA. Constitution (1851), Article VIII: SECTION 1. Knowledge and learning generally diffused throughout a community being essential to the preservation of a free government, it shall be the duty of the general assembly to encourage by all suitable means, moral, intellectual, scientific, and agricultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without charge, and equally to all. SEC. 7. All trust funds held by the State shall remain inviolate and be faith- fully and exclusively applied to the purposes for which the trust was created. [The following matter is taken from the Revised Statutes of Indiana, embracing all general laws in force October 1, 1901, by Frank A. Hauer, 2 vols., Eochester, N. Y., 1901.] SEC. 4662. The State of Indiana accepts and claims the benefits of the provi- sions of the acts of Congress approved July 2, 1862, and April 14, 1864, and assents to all the conditions and provisions in said acts contained. SEC. 4663. The governor of this State for the time being and [here are named four other persons] and their successors are created a body corporate, under the name of " The Trustees of the Indiana Agricultural College." SEC. 4664. Said trustees shall, by the hand of their treasurer, claim and receive from the Secretary of the Interior the land scrip to which this State is entitled by the provisions of said acts of Congress; and under their direction said treasurer shall sell the same in such manner and at such times as shall be most advanta- geous to the State, and shall invest the proceeds thereof and any interest that may accrue thereon in the stocks of the United States or of this State yielding not less than 5 per cent per annum upon the par value of the stocks; and said principal and interest shall continue to be so invested until further provision shall be made by the general assembly of this State for fulfilling the requirements of said acts of Congress. SEC. 4665. The donation offered by John Purdue, as set forth and communicated to the present general assembly in the message of the governor on the 16th day of LAWS KELATING TO LAND-GRANT COLLEGES. 61 April, 1869, and the donations offered by tne connty of Tippecanoe, the trustees of the Battle Ground Institute, and the trustees of the Battle Ground Institute of the Methodist Episcopal Church, as set forth and communicated to the general assembly at its last session in the message of the governor of the 27th day of January, 1869, are hereby accepted by the State of Indiana. SEC. 4666. The college contemplated and provided by the act of Congress approved July 2, 1862, is hereby located in Tippecanoe County, at such point as may be determined before the 1st day of January, 1870, by a majority vote of the trustees of the Indiana Agricultural College, and the faith of the State is hereby pledged that the location so made shall be permanent. SEC. 4667. In consideration of the said donation by John Purdue, amounting to $150,000, and of the further donation of 100 acres of land appurtenant to the insti- tution, and on condition that the same be made effectual, the said institution, from and after the date of its location as aforesaid, shall have the name and style of "Purdue University," and the faith of the State is hereby pledged that the said name and style shall be the permanent designation of said institution without addition thereto or rnodifiation thereof. Si.' 1 . 4668. From and after the date of the location made as aforesaid, the corpo- rate name of the trustees of the Indiana Agricultural College shall be " The Trustees of Purdue University," and they shall take in charge, have, hold, pos- sess, and manage, all and singular, the property and moneys comprehended in said donations, as also the funds derived from the sale of the land scrip donated under said acts of Congress, and the increase thereof, and all moneys or other property which may hereafter at any time be donated to and for the use of said institution. They shall also have power to organize said university in conform- ity with the purposes set forth in said acts of Congress, holding their meetings at such times and places as they may agree on, a majority of their number constitut- ing a quorum. They shall provide a seal; have power to elect all professors and teachers, removable at their pleasure; fix and regulate compensations; do all acts nec<-sary and expedient to put and keep said university in operation, and make all by-laws, rules, and regulations required or proper to conduct and manage the same. Si:< . 4669. In further consideration of his said donation John Purdue shall, from and after the taking effect of this act, be added as a member to said trustees of the Indiana Agricultural College, and he shall also be a member of said trustees of Purdue University. Should he at any time cease to be such member he shall be continued as an advisory member of said trustees; and he shall, during his lifetime, have visitoritil power for the purpose of inspecting the property, real and personal, of said university, recommending to the trustees such measures as he may deem ii"c -sary for the good of the university, and investigating the finan- cial concerns of the corporation. And he is authorized to make report of his examination, inspection, and inquiries to the general assembly at any session thereof. SKC. 4670. This act shall be subject to future amendment or repeal, except so far as it provides for the acceptance of donations, the location of the college, the name and style thereof, and the rights and privileges conferred upon John Purdue. Si c. 4(571. On the 1st day of July, 1895, it shall be the duty of the governor of this State to appoint nine trustees for the Purdue University, two of whom shall be nominated by the State board of agriculture, one by the State board of horti- culture, and six selected by the governor himself: Provided, That no more than two such trustees as may bo selected by the governor himself shall be appointed from any one Congressional district: And also provided, That the first board so appointed shall include the three persons who at that time are the last nominees of the State board of agriculture and the State board of horticulture: And also provided, That the board of trustees now in office shall remain in office and per- form all the duties thereof, as now required by law, until their successors are duly appointed and qualified, as provided in this act. SEC. 4672. The persons so appointed shall constitute the board of trustees of said university, and shall hold their offices as follows: Three members of the first board shall hold their offices for two years, three for four years, and three for six years, and all until their successors are appointed; and at the expiration of the term of office of any of the members of the first or any subsequent board their successors shall be appointed in like manner, and with like nomination, and with like restrictions, as provided in this act, to hold their offices for the term of six years and until their successors are appointed. SEC. 4673. If from any cause a vacancy occurs in said board the same shall be filled by appointment to fill the unexpired term, the person appointed to fill such 62 EDUCATION BEPOKT, 1901-1902. vacancy being nominated and appointed in the same manner as his predecessor had been at the commencement of such term. SEC. 4674. Said trustees shall, at their first meeting after their appointment, and every two years thereafter, choose a president of said board, and they shall at such meeting and every two years thereafter, and whenever a vacancy occurs, elect by ballot a secretary and a treasurer, neither of whom shall be a member of the board, whose compensation shall be fixed by the trustees. The said treasurer shall give such bond to the State of Indiana, in any sum not less than $dO,000, for the faith- ful execution of his trust, with sufficient sureties, as said trustees may require; and he shall receive, take charge of, and, under the direction of said trustees, manage all stocks and funds belonging to said university. SEC. 4675. The board of commissioners of each county in this State may appoint, in such manner as it may choose, two students or scholars to Purdue University, who shall be entitled to enter, remain, and receive instruction in the same upon the same conditions, qualifications, and regulations prescribed for other appli- cants for admission to or scholars in said university: Provided, however, That every student admitted to said university by appointment by virtue of this act shall in no wise be chargeable for room, light, heat, water, tuition, janitor, or matriculation fees; and said student shall be entitled, in the order of admittance, to any room in the university then vacant and designed for the habitation or occupancy of a student, and such student so admitted shall have prior right to such room, subject to the rules of the university, over any student not appointed and admitted as aforesaid. SEC. 4676. No more than two students at the same time from any one county shall be entitled to admittance to said university under the provisions of this act. But the board of commissioners of each county may, from time to time, appoint, as aforesaid, to any vacancy in its appointments. SEC. 4677. The trustees of Purdue University, by their treasurer, are hereby authorized on or after the 1st day of April, 1881 , to surrender to the treasurer of the State the bond executed to said university by the State of Indiana bearing date April 1, 1878, and payable in the sum of $300,000 on April 1, 1881, and a like bond executed by the State to said university dated April 1, 1879, and payable in the sum of $125,000 on April 1, 1884; and also to payout of the proceeds of the United States 5 per cent bonds now held by the university (which said trustees are hereby empowered to sell) the sum of $15,000 to said treasurer of State, who thereupon is hereby directed to issue and deliver to said treasurer of Purdue University a nonnegotiable bond of the State of Indiana, to be signed by the governor and State treasurer and attested by the secretary of state and the State seal (the same to be dated April 1, 1881, and payable twenty years after its date to the trustees of Purdue University and their successors, with interest at the rate of 5 per cent per annum, payable quarterly after date of the bond), all for the use of Purdue Uni- versity said bonds surrendered and $15,000 paid constituting the endowment fund of said university derived from the gift of the United States. SEC. 4677b. The trustees of Purdue University are hereby empowered to dedi- cate for public streets such strips of land extending through or along the grounds owned by said university as they may deem for the best interest of said university. SEC. 4677c. Whenever any individual or individuals shall give, donate, or bequeath a sum of money or other valuable property for the purpose of establish- ing an institute of technology or other special schools in connection with Purdue University in and on the grounds of said university, the trustees of said university are hereby authorized and empowered to accept such donation, gifts, or bequest for and on behalf of the State of Indiana for such institute on such terms as may be agreed upon by and between such trustees and said donor or donors or devisor; and the said trustees are hereby authorized to establish, maintain, and operate such an institute in connection with Purdue University: Provided, That such institute of technology shall be freely open to students upon the same terms upon which Purdue University is open to students: And provided, That nothing in this act shall enable or authorize said trustees to make any contract with said donor or donors by which any debts shall be created beyond or above current legislative appropriations to the university: And provided further, That the terms upon which such donations are received and accepted shall not be effective unless the same are indorsed and approved by the governor of the State of Indiana. SEC. 4677g. It is hereby made the duty of the committee of experimental agri- culture and horticulture of the board of trustees, together with the faculty of the school of agriculture of Purdue University, to appoint, before November 1 of each year, suitable persons to hold in the several counties of this State, between the 1st day of November and the 1st day of April of each year, county institutes for the LAWS KELATING TO LAND-GRANT COLLEGES. 63 purpose of giving to fanners and others interested therein instruction in agricul- ture, horticulture, agricultural chemistry, and economic entomology. . 467?h. Such institutes shall be held at such times and places as said com- mittee and faculty may determine, and under such rules, regulations, and meth- ods of instruction AS they may prescribe: Provided, Jwiccrer, That such institutes shall be so conducted as to give those attending the results of the latests investi- gations in theoretical and practical agriculture and horticulture. SEC. 4C??i [sec. 4677g above]. For the purpose of carrying out the provisions of this act, paying the salaries of instructors and other necessary expenses, the sum of $10,00(Hs hereby appropriated, to be expended under the direction of the said committee of said board of trustees, and they shall ammally report such expenditures and the purposes thereof to the governor. ! . Before any commercial fertilizer is sold or offered for sale in the State of Indiana the manufacturer, dealer, importer, agent, or party who causes it to be sold or offered for sale, by sample or otherwise, within the State of Indiana, shall file with the State chemist of Indiana a statement that he desires to offer for sale in Indiana material for manurial purposes, and also a certificate for regis- tration stating the name of the manufacturer, the location of the principal office of the manufacturer, the name under which the fertilizer will be sold, the names of the towns in Indiana in which it will be offered for sale, and the minimum per- centage of nitrogen, of potassium oxide (K,O) soluble in water, of phosphoric acid (P..O,,) , fnd in the case of acidulated goods the minimum percentage of water, soluble 'and reverted phosphoric acid, and of insoluble phosphoric acid which the manufacturer or party offering the fertilizer for sale guarantees the fertilizer to contain. . 4898. The professor of agricultural chemistry at Purdue University is hereby constituted the State chemist of Indiana, and it shall be his duty to com- ply with the provisions of this act so far as they relate to him. The chemist is hereby empowered to prescribe and enforce such rules a*d regu- lations as he i: -sury to carry into effect the full intent and meaning of this act. La^.v 9 1. There shall be assessed and levied upon the taxable property of the State of Indiana in the year 1895 and in each year thereafter a tax of one-twentieth of a mill for the use of Purdue University. (March 8, 1895.) [In a ciisr- diM-id-*by th- supreme -. .urt of Indiana in 1882, known as "The State exrel. Stallard r. \Vhit.- 'Mise. and one in wnich all the inhabitants of the State have a common inter- underlying the educational system of the State are, consequently, applicable ; ; nment and control of Purdue University, and in the absence of express nist 1.... invoked in determining the powers which that institution may a of the act establishing Purdue University * * * confers no i- power on the trustees of Purdue University, as regards making rules and regulations for its conduct and management, than is usually conferred upon like officers of similar institu- !:d li-avi sthe qi who are entitled to admission as students in that university to 1>e determined by the principles underlying our general system of education, to which refer- been made. The admission of students in a public educational institution is at and enntrol of students after they are admitted, and have become subject to tho Jurisdiction of th- institution, is quite another thing. The first rests upon well- established rules, either prescribed by law or sanctioned by usage, from which the right to admission is to be determined. The latter rests largely in the discretion of the officers in charge, the regulations prescribed for that purpose being subject to modification or change from time to time n.s supposed emergencies may arise. Having in view the various statutes in force in this State touching educational affairs, and the decisions of this court as well as of other courts bearing on the general subject, we think it may be safely said that every inhabitant of this State, of suitable age and attainments, and of reasonably good moral character, not afflicted with any contagious or loathsome disease, and not incapacitated by some mental or physical infirmity is entitled to admission as a student in the Purdue University. * * * [But] every student upon his admission into an institution of learning impliedly promises to submit to and to be governed by all the necessary and proper rules and regulations which had been or may ther.-at'ter be adopted for the government of the institution, and the exaction of any pledge or condition which requires him to promise more than that operates as a practical abridgment of his right of admission, and involves the exercise of a power greater than has been conferred upon either the trustees or the faculty of Purdue University. Regulations adopted by persons in charge of a school are analogous to by-laws enacted by municipal and other corporations, and both will be annulled by the courts when found to be unauthorized, against common right, or palpably unreasonable, 'in the first place the pledge tendered by the president to Hawley [in regard to disconnecting himself from a 'Greek fraternity'] was not shown to have been authorized by any previous general regulation adopted for the government of the university. As applicable to Hawloy it was therefore special, exceptional, and apparently not demanded by any competent authority. In the next place it carried with it tne implication that member- ship in the Sigma Chi fraternity might properly be treated as a disqualification for admission as a student in the university, a doctrine wholly inadmissible in its application to Purdue Univer- sity, or to any of the other public schools or colleges of the State. If mere membership in any 64 EDUCATION REPORT, 1901-1902. of the so-called Greek fraternities may bo treated ns a disqualification for admission as a student in a public school, then membership in any other, secret or similar society may be converted into alike disqualification, "and in this way discriminations might be made against large classes of the inhabitants of the State, in utter disregard of the fundamental ideas upon which our entire educational system is based. At the request of the parties we have considered this case upon the theory that the regulation imposing disabilities on persons already members of the Greek fraternities was adopted by the express authority of the trustees, and our conclusion is that so much of the regulation No. 3 adopted by the faculty as may be construed to impose disabilities on persons already members of the Greek fraternities, and as requires a written pledge as a condition of admission, is both ultra vires and palpably unreasonable, and hence inoperative and void, and that the pledge tendered to Hawley was one which the faculty had no legal right to demand as a condition of his admission. In the case of Marks, treasurer of Tippecanoe County, v. The Trustees of the Purdue Uni- versity, it was decided that the^location of a State educational institution within the bounda- ries of a minor civil division or jurisdiction of a State is a sufficient consideration for a grant of money by that minor civil division. ' Two objections are made,' said the court, ' to the action of the board of county commissioners, (1) that it requires local taxation for a State purpose, and (2) that it is a special law and not of uniform operation. The sole object and purpose of the * * * It does not to aid in the erec- . . . . in tain. It may be conceded that the college or university is a State institution, and the question arises whether taxes may be assessed in a county to liquidate a debt contracted by the county in securing the location of -such State institution in the county; for if not, the debt can not be valid. * * * While the university is a State institution, and every citizen will have an equal right under the same circumstances to avail himself of its privileges, still the location of it in a given county will doubtless confer upon that county many local benefits of pecuniary value. The parents of the county can send their sons and perhaps their daughters to the college to be edu- cated at a less expenditure of time and money than would be incurred if it were situated at a more remote point in the State. The college, with its professors, tutors, attendants, and stu- dents, will probably diffuse much more money throughout the community than would other- wise circulate. It may also add to the educated and intelligent population of the place, and be the means of stimulating the industry and increasing the wealth and moral worth of the com- munity, thereby enhancing the attractions of society and the value of property. * * * The fact that the college is a State institution can not change the character or nature of the obliga- tion entered into by the county. Railroads are in some sense State institutions, and yet local subscriptions by counties and cities are upheld. Highways and streets are State institutions, to the proper use and enjoyment of which all citizens have an equal right; yet local taxation to improve and keep them in order is constantly maintained. The taxation being merely for a county purpose, the provisions of section 1 of article 10 are complied with if taxes are uniform throughout the county. It remains to inquire whether the law in question is objectionable as "being local or special when a general law could have been made applicable; or in other words whether it violates section 22 of article 24 of the constitution. The subject of the law was local, and where such is the case the objection can not prevail. The college could have but one loca- tion, and but one county^could have actually made" a donation on condition of its location therein, as the condition could only have been performed as to one county. * * * Thus there are laws creating criminal courts in particular counties. * * * There can be no doubt on general prin- ciples that the location of the college in Tippecanoe County was a sufficient consideration to support the promise on the part of the county. The offer on the part of the county and its acceptance by the legislature, together with the location of the college in Tippecanoe County, constituted a valid and binding contract.' "] IOWA. Constitution (1857), Article 9. SECTION 1. The educational and school fund and lands shall be under the control and management of the general assembly of this State. SEC. 3. The general assembly shall encourage by all suitable means the pro- motion of intellectual, scientific, moral, and agricultural improvement. [The following matter is taken from the "Annotated Code of the State of Iowa, containing all the laws of a general nature enacted by the twenty-sixth general assembly at the extra session which adjourned July 2, 1897, published by the authority of the State. Des Moines, 189?.] SEC. 2645. Legislative assent is given to the purposes of the various Congres- sional grants to the State for the endowment and support of a college of agri- culture and mechanic arts, and an agricultural experiment station as a department thereof, upon the terms, conditions, and restrictions contained in all acts of Con- gress relating thereto, and the State assumes the duties, obligations, and respon- sibilities thereby imposed. All moneys appropriated by the State because of the obligations thus assumed, and all funds arising from said Congressional grants shall be invested or expended in accordance with the provision of such grant, for the use and support of said college located at Ames. SEC. 2646. [Amended by ch. 76, acts of 1898, q. v.] The college shall be under the management and control of a board of trustees, but neither the president nor other officer or employee of the college and farm [at Ames] shall be eligible to membership therein. SEC. 2647. The board of trustees shall have power: (1) To elect a chairman from their number, a president of the college, a secretary, a treasurer, professors and other teachers, superintendents of departments, steward, librarian, and such other officers as may be required for the transaction of its business, fix the salaries of officers and prescribe their duties, and appoint substitutes who shall discharge LAWS RELATING TO LAND-GRANT COLLEGES. 65 the duties of snch officers in their absence; (2) to manage and control the property of the college and farm, whether real or personal; (3) to arrange courses of study and practice, and to establish such professorships as may seem best to carry into effect the provisions of this chapter, and prescribe conditions of admission to the college; (4) to grant diplomas on the recommendation of the faculty to any stu- dents who have completed any of the courses of study prescribed by it or an equivalent thereof; (5) to remove any officer by a majority vote of all its mem- bers; (6) to direct the expenditure of all the appropriations the general assembly shall from time to time make to said college and farm, and the income arising from the Congressional grants and all other sources; (9) to keep a full and com- plete record of their proceedings, and to do such other acts as are necessary to carry out the intent and meaning of this chapter. SEC. 2648. There shall be adopted and taught practical courses of study, embrac- ing in their leading branches such as relate to agriculture and the mechanic arts, and such other branches as are best calculated to thoroughly educate the agricul- tural and industrial classes in the several pursuits and professions of life, includ- ing military tactics, and as a separate department, a school of mines, in which a complete course in theoretical and practical mining in its different branches shall be taught. SEC. 2640. Tuition in the college herein established shall be forever free to pupils from the State over 16 years of age who have been residents of the State six months previous to their admission. Each county in this State shall have a prior right to tuition for three scholars from such county, the remainder, equal to the capacity of the college, shall be by the trustees distributed among the counties in proportion to the population subject to the above rule. SKC. 2650. Animal meetings of the board of trustees shall be held at the college on the second Wednesday following the first Monday of November. The college year shall begin on the following Thursday and end on the second Wednesday after the first Monday of November of the following year. SEC'. 2651. The president shall manage and control the affairs of the college and farm, subject to such rules as may be prescribed by the board of trustees, and shall report to it at its annual meeting and at such other times as it directs all his acts as such president and the condition of the several departments, with his recommendations for the future management thereof. SEC. 2652. The secretary shall keep a record of the proceedings of the board, and all documents and papers connected with the office, and conduct the corre- spondence. All acts of the board relating to the management, disposition, or use of the lands, funds . or other property of the institution shall be entered of record and show how each member voted upon each proposition. He shall also prepare the biennial report of the board to the governor, and report to the executive council annually and at such other times as may be required by it all loans made since- his last report to it; and also, to the board, all loans made since its last meeting, unless otherwise ordered ; but such reports must be made at least quarterly. Upon the election of any person to any office under the board, he shall give notice thereof to the secretary of state. He shall also keep an account with the treasurer, charg- ing him with all money paid him and crediting him with the amounts paid upon the order of the board of audit, which account shall be balanced monthly. % SEC. 2653. The president and secretary shall constitute an auditing committee which, subject to the rules of the board of trustees, shall examine and audit all bills presented for payment for which an appropriation has been made, and a minute of such auditing shall be indorsed upon each bill and signed by both mem- bers of such committee. No bill shall be paid without such joint indorsement, unless allowed by the board. It shall examine the treasurer's books and vouchers monthly, and at such other times as it shall consider necessary, and all its pro- ceedings shall be reported by the secretary to the board at its next meeting. SEC. 2654. The treasurer shall receive and keep all notes and other evidence of indebtedness, contracts, and money arising from the income of the Congressional grant, appropriations of the general assembly, sales of the products of the farm r payments by students, and all other sources, and pay out the same upon bills for which appropriation has been made when audited as above prescribed, and retain such bills with receipt for their payment as his vouchers. He shall keep an accurate account of the revenue and expenditures of the college from all sources, so that the receipts and disbursements of each of its several departments shall be apparent at all times, and report to the board of trustees at their annual meeting and at such other times as they shall direct. He shall also execute duplicate receipts of all money received by him, specif ying the source and the fund to which ED 1902 5 66 EDUCATION EEPOET, 1901-1902. it belongs, one of which must be filed with, the secretary, and no receipt shall be valid unless the duplicate is so filed. He shall be elected annually, and give bond in double the highest amount of money likely to be in his hands at any one time, which bond shall be filed with the secretary of state. He may appoint a deputy, who shall receive such compensation as the board of trustees shall fix, and for whose acts he shall be responsible on his official bond. SEC. 2655. The president and secretary shall have their offices in, and the deputy treasurer shall reside at, the college. SEC. 2656. The board of trustees may sell the lands granted to the State by act of Congress and any lands acquired by purchase or otherwise for cash or upon a partial credit, not exceeding ten years, at such price as shall be fixed by the board, deferred payments to draw interest at the rate of 8 per cent per annum, payable annually in advance. Upon a failure to pay the annual interest or prin- cipal within sixty days after it becomes due and sixty days after notice thereof shall have been given in writing, by mail or otherwise, by the board or the land agent of the college to the holder of the lease, such holder shall forfeit all claim to said land and the improvements made thereon and all sums paid on said con- tract, unless an extension of time has been or is granted by said board. [A case, in which was called in question the right of the legislature to empower the corpora- tion it had created to carry out the purpose of the act of July 2, 1862, to act as a business agent in ssllingtlie lands given by the act, was decided by the supreme court of Iowa in 1870. (28 Iowa, p. 500.) The court said: "In accordance with an act of the legislature the trustees of the agri- cultiiral college leased a tract of college land to plaintiff, with the privilege to plaintiff of pur- chasing the land at a stipulated price at the end of the term; and he made the advance payment required by the law, which law authorized the trustees to insert a clause of forfeiture in the lease, which was inserted, stipulating that the trustees could declare the contract forfeited if a payment of rent or of interest should be in arrears for sixty days. The plaintiff failed to pay as stipulated for sixty days, and the trustees then declared the contract forfeited and sold the land to one Connor. The plaintiff, Smith, after forfeiture and sale, tenders the rent or interest in arrears and asks that the lease and sale to Connor be set aside. The only question that can bo raised in this case is the power of the legislature to authorize a contract as above stated. The land belonging to the State, the legislature could fix and enforce the terms and conditions of a sale." In 6^ Iowa there is a case (Chicago, Milwaukee and St. Paul Railway Company v. Bean), where the "Iowa Agricultural College and its lessees" were made parties (and are affirmed as parties by the supreme court) to condemnation proceedings by the railroad corporation. There is still another decision indirectly affirming the case in 28 Iowa. The syllabus, as far as it regards the agricultural college, reads: "Although agricultural college lands are required to be sold on time, in order to provide a fund for the college arising from the interest on the purchase price, the college may nevertheless receive the principal, with a bonus, when its interests will be pro- moted thereby; and where it does receive the principal, it will be presumed that its officers have acted rightly for the best interests of the college. 1 .'] SEC. 2657. It may lease such lands for a term not exceeding ten years, at an annual rental equal to 8 per cent per annum upon the appraised value of the tract, payable annually in advance, granting lessee, his heirs, or assigns, the privilege of purchasing, at the expiration of the lease, at the appraised value stated therein, or it may lease said lands without granting the privilege of pur- chase. A lessee failing to pay the annual rent or interest within sixty days after it becomes due and sixty days after notice thereof shall have been gi vert-in writing, by mail or otherwise, by the board or the land agent of the college to the holder of the lease, shall forfeit the same, with the interest paid thereon and all improve- ments made. SEC. 2658. It may, at its option, cause to be received the purchase price of the land sold or leased, before the same becomes due, upon such terms and condi- tions of payment as it may regard for the best interests of the institution, and may renew leases as they expire. SEC. 2659. After any leasehold interest has been sold for delinquent taxes, the holder of the tax-sale certificate may pay any interest or principal due by the terms of the lease, or do any other act necessary to prevent a forfeiture of the lease, and the proper voucher for such payment shall be filed with the auditor of the county where the land is situated. SEC. 2660. Where any leasehold interest has been sold for delinquent taxes and a treasurer's deed issued thereon, the grantee therein, his heirs, or assigns, shall be entitled to purchase the land so conveyed, at the price and on the terms speci- fied in the lease, and receive a patent therefor. If such lease expires before the holder of the tax-sale certificate will be entitled to a treasurer's deed, such certifi- cate holder may pay the amount required by the terms thereof to acquire the title thereto and receive a conveyance of the same. SEC. 2661. The right of the tax-sale purchaser or his assigns to pay any amount due by virtue of any lease shall be shown by a copy of the certificate of tax sale or treasurer's deed thereunder, duly certified by the officer executing the same, and if no tax deed has been issued the auditor shall certify that redemption from LAWS RELATING TO LAND-GRANT COLLEGES. 67 the sale has not been made. Such copy and certificate shall be filed with the seo- retary of the board of trustees and become a part of the records of his office. SEC. 2662. The board of trustees shall certify to the auditor of each county in which leased college lands are situated, on or before the 5th day of January of each year, a list thereof subject to taxation, with the name of each lessee, the date and terms of each lease, the amounts to be paid thereon, and the dates of payment. SEO. 2663. All leases and renewals thereof shall be assignable, and the owner, whether holding one or more leases or renewals, who has made the annual pay- ments therein required, shall be entitled to all the benefits thereof and have the privilege of purchasing the tract or tracts of lands as provided therein, and upon the payment of such purchase money shall be entitled to a patent for the land described in said lease or leases. SEC. 2664. When a sale is made of any lands the president shall execute to the purchaser a certificate, countersigned by the secretary, stating the fact of pur- chase, the name of the purchaser, the description of the land, and its fixed value. Upon payment of the purchase price to the State treasurer, the buyer or his assigns will be entitled to a patent or patents therefor, and upon presentation of such certificate to the secretary of state, with the receipt of the treasurer showing full payment, stating the amount, he shall issue to the purchaser, or his assigns, one or more patents for the tract or tracts of land therein described, signed by the governor and secretary of state, as other patents or deeds of land conveyed by the State, which shall vest in the purchaser all the right and title and Interest of the State and of said college therein. SEC. 2665. The principal of all money so collected must be paid to and held by the treasurer of state, and shall be drawn out only for the purpose of invest- ment, upon the order of the board of trustees. The interest or rental collected must be paid at the end of each month to the treasurer of the college, and the agent collecting the same must at the same time file with the secretary of the board of trustees an itemized report of the amount collected. SEC. 2666. The board shall manage and invest the endowment fund, which may be done in the bonds of the United States or this State or in some other safe bonds yielding not less than 5 per cent on the par value thereof; but the proposed investment shall be submitted to and approved by the executive council before being consummated. SEC. 2667. It may loan said funds upon approved real estate security, subject to the following regulations: (1) Each loan shall be for a term. not exceeding ten years, at a rate of interest to be fixed by said board, not less than 6 per cent per annum, payable annually; (2) each loan shall be secured by a mortgage para- mount to all other liens upon improved farm lands in the State, the loan not to exceed 50 per cent of the cash value thereof, exclusive of buildings; (3) principal and interest shall be payable to the order of the board at the office of the State treasurer, the notes and mortgages to provide for the payment by the borrower of all expenses, attorney's foes, and costs incurred in collecting the same; (4) a register containing a complete abstract of each loan, and showing its actual con- dition, shall be kept by the secretary of said board, and be at all times open to inspection. The attorney-general, under the direction of the executive council, shall prepare the necessary blanks, forms, and instructions to carry into effect the provisions of this section and to keep such loans secure and unimpaired. * SEC. 2668. Subject to approval by the executive council, the board may appoint a financial agent to negotiate loans in accordance with the provisions of this chap- ter, and take charge of the foreclosure of mortgages and collections from delin- quent debtors to said fund when so directed by it. Such agent shall hold his office during the pleasure of the board, and, before entering upon the discharge of his duties, take the oath required of civil officers, and give bond in a penal sum to be determined, and, with sureties, to be approved by said board, condi- tioned for the faithful performance of the duties of his agency and the payment into the State treasury of all funds which shall come into his hands in connec- tion therewith. Such lx>nd shall be in a sum at least double the amount of funds likely to come into his hands at any time, and be for the use and benefit of said college; and actions for breach of its conditions may be brought in the name of said board. SEC. 2669. The financial agent shall receive a compensation, to be fixed by the board of trustees, not exceeding the sum of $1,200 annually, and $800 annually in addition for assistants and subagents and all necessary expenses connected with the discharge of his duties, to be paid as that of other officers out of the treasury of the State. SEC. 2670. The foreclosure of any mortgage belonging to said college may be made in the name of the board of trustees, and in case of sale upon execution 68 EDUCATION REPOKT, 1901-1902. nnder foreclosure, the premises may be bid off in the name of the college, and if a deed therefor is executed, the premises shall be held for the benefit of the col- lege, and such lands shall be subject to lease or sale the same as its other lands. SEC. 2671. Money collected from delinquents shall at once be paid into the State treasury, the principal of the fund to be there kept and drawn out for the purpose of investment as above provided, subject to such restrictions as may be imposed by the executive council. The State treasurer shall .make monthly reports to the secretary of the board of trustees, showing all payments of principal and interest made, and remit to the treasurer of the college, All interest in his hands, as shown by such report, shall be loaned as other funds or used to defray the expenses of the college. SEC. 2672. The board of trustees may appoint agents or do any other act neces- sary to carry out the provisions of the preceding sections where no such authority has already been given; but no agent shall be permitted to receive money until he has executed a bond in a sum double the amount he will be likely to receive, which bond, with the sureties, shall be approved by the board. Such agent shall make monthly itemized statements to the secretary of the board of the amount of money received by him, and at the same time transmit to the treasurer of the col- lege all funds in his hands. SEC. 2673. No ^person shall open, maintain, or conduct any shop or other place for the sale of wine, beer, or spirituous liquors, or sell the same at any place within a distance of 3 miles from the agricultural college and farm: Provided, That the same may be sold for sacramental, mechanical, medical, or culinary purposes; and any person violating the provisions of this section shall be punished, on conviction by any court of competent jurisdiction, by a fine not exceeding $50 for each offense, or by imprisonment in the county jail for a term not exceeding thirty days, or by both such fine and imprisonment. SEC. 2609. The general assembly shall elect the following regents and trustees of the State institutions, all of whom on any one board shall not be of the same political party. * For the agricultural college, one trustee from each Con- gressional district who shall hold office for six years. SEC. 2610. The term of each regent and trustee shall commence on the 1st day of May following the election; those holding for a term of six years shall be divided as nearly as may be into three equal classes, the terms of one class ending each two years; those for four years into two classes, the terms of one class ending each two years. SEC. 2611. If the term of any regent or trustee now holding office expires prior to the 1st day of May in the eVen-numbered year, he shall hold until that time; terms of new regents or trustees shall commence on the expiration of the terms of the present incumbents ending on the 1st day of May of the even-numbered year. SEC. 2612. Each regent, trustee, president, secretary, and treasurer of the uni- versity, and each State institution and all other officers thereof required to give bond, shall, before entering upon his duties, take the oath of office required of civil officers in the chapter upon qualifications for office, which shall be filed with the secretary of state or indorsed upon his bond. SEC. 2613. Members of the general assembly shall be ineligible to the office of regent or trustee of any of the institutions of the State. SEC. 2614. All requisitions upon the State treasurer for appropriations made for any State institution, unless otherwise provided, shall be presented quarterly on or after February 15, May 15, August 15, and November 15. SEC. 2615. A majority of the regents or trustees shall constitute a quorum and may transact any business properly coming before them. SEC. 2616. Each board of regents and trustees, when organized, may adopt such rules for its regulation and government and for the regulation and government of the institution in its charge, not inconsistent with law, as may seem just and proper. SEC. 2617. Regents and trustees shall be allowed $4 for each day actually and necessarily engaged in the performance of official duties, not exceeding thirty days in any one year, and mileage at the same rate as is allowed members of the general assembly. The limitation of thirty days shall not apply to building com- mittees, which shall not consist of more than three members, but such committees shall not charge for or receive compensation for more than sixty days in any one year. SEC. 2618. All claims of members of boards of trustees or of regents for attend- ance upon meetings of the board for time actually and necessarily spent in official duties shall be itemized, showing the date of such service and the nature thereof, and shall be sworn to by the claimant and certified to by the president and secre- LAWS RELATING TO LAND-GRANT COLLEGES. 69 tary of the board. It shall then be filed with auditor of state, who shall compute the mileage due each claimant by the nearest traveled route from his home to the Elace of meeting, and shall enter said mileage upon the claim, and, if it be 3und in due form of law, the auditor shall draw his warrant upon the treasurer of state for the amount of said attendance and mileage. No compensation shall be allowed any members of such boards except as provided in this chapter. SEC. 2019. The secretary of state shall, upon request, furnish proper blanks prepared in accordance with this chapter for the purpose of making claims by members of boards of trustees of State institutions for compensation. Ssc. 2620. The auditor shall include in his reports to the governor the amount paid for such services and mileage, and to whom paid. SEC. 2497. The geological survey of the State shall be under the direction of the geological board, consisting of the governor, the auditor of the State, and the presidents of the agricultural college, the State university, and the Iowa Academy of Sciences. SEC. 178. Any contingent fund set apart to any office or officer to be expended for the State shall . as used, be entered in a proper book showing when, to whom, and for what purpose it was devoted, and receipts shall be taken therefor, pre- served, and filed wiih the report hereinafter required. On or before the 1st day of November preceding each regular session of the general assembly the officers or persons having charge of the fund shall make report to the State auditor in writing, showing in detail each item of expenditure made, and he shall not be credited with any sum not paid out in the manner contemplated by the law mak- ing the appropriation, nor unless the report shall be accompanied with the proper vouchers and receipts. All funds not thus accounted for may be recovered by the State from the proper officer or person, with 50 per cent damages thereon, and the State auditor shall, in his report to the governor, make a detailed state- ment of the condition of each appropriation contemplated by this section. SEC. 179. Every person appointed or elected a regent, trustee, manager, commis- sioner, or inspector, or a member of any board of regents, trustees, managers, commissioners, or inspectors, now or hereafter created or provided by law for the government, control, management, or inspection of any public building, improve- ment, or institution whatever, owned, controlled, or managed, in whole or in part, by or under the aiithority or direction of this State, shall, before entering upon the discharge of his duties as such regent, trustee, manager, commissioner, or inspector, take and subscribe an oath, in substance and form as follows: "I, , do solemnly swear that I will support the Constitution of the United States and of the State of Iowa; that I will honestly and faithfully discharge the duties of [my office] according to the laws that now are, or that may hereafter be, in force regulating said institutions, and prescribing the duties of regents, trus- tees, managers, commissioners, or inspectors thereof (as the case may be); that I will in all things conform to the directions contained in said law or laws, and that I \\ ill not, directly or indirectly, as such regent, trustee, manager, or commissioner, or inspector (as the case may be), make or enter into, or consent to, any contract or agreement, expressed or implied, whereby any greater sum of money shall be expended or agreed to be expended than is expressly authorized by law at the date of such contract or agreement. SEC. 180. Oaths required by this chapter shall be filed in the office of the auditor of state, and he shall not draw any warrant on the State treasury for expenditures made or directed by any such officer until such oaths are so filed. Acts and resolutions of twenty-seventh general assembly, chapter 76 (1898): SECTION 1. That section 2646 of the code of Iowa be, and the same is hereby, amended by inserting between the word " trustees " and the word "but," in the second line of said section, the words "of which the governor and superintendent of public instruction shall be members by virtue of office." SEC. 2. That section 2650 of the code of Iowa be. and the same is hereby, amended by striking out all of said section up to and including the word "year " in the fifth line of said section, and inserting therein in lieu thereof the following: "Annual meetings of the board of trustees shall be held at the college during the month of June of each year; the chairman may call special meetings when found expedient. The fiscal college year shall begin on the 1st day of July, and end on the 30th day of June of each year. (Approved March 28, 1898.) Ibid., chapter 135: That there is hereby appropriated to the State College of Agriculture and Mechanic Arts, out of any money sin the State treasury not other- wise appropriated, the sum of $5,000, to be used for the purpose of building a carpenter shop on the grounds of the State College of Agriculture and Mechanic Arts, the same to be drawn from the State treasury on the certificate of the board of trustees of said college. (Approved April 6, 1898.) 70 EDUCATION EEPOBT, 1901-1902. Ibid., chapter 163: SECTION . That the board of trustees of the State College of Agriculture and Mechanic Arts be, and are hereby, empowered to purchase not to exceed 40 acres of land adjoining the present college farm, and to pay therefor from the college endowment fund in accordance with the provisions of the original national grant. SEC. . When forty or more farmers of a county organize a farmers' county institute, with a president, secretary, treasurer, and an executive committee of not less than three outside of such officers, and hold an institute, remaining in session not less than two days in each year, which institute may be adjourned from time to time and place to place in said county, the county auditor, upon proof of such organization and such institute having been held, together with an item- ized statement showing the manner in which the money herein appropriated has been expended, shall certify the same to the auditor of state, who shall remit to the treasurer of such county his warrant for not to exceed $50, and there is hereby appropriated out of the moneys in the State treasury, not otherwise appro- priated, a sum not to exceed $50 annually for such institute work in each county. No officer of any such farmers' institute shall receive, directly or indirectly, any compensation from said State fund for services as such officer. SEC. 1676. The money appropriated and paid into the county treasury shall be designated as a farmers' institute fund, and no warrant shall be drawn thereon, except by an order signed by a majority of the members of the executive com- mittee. In case two or more organizations shall claim recognition as farmers' institutes in any county, a bill shall be audited by the board of supervisors, who shall divide said State fund as nearly as possible equitably, but in no case shall more than three institutes be held in one year in any county under the provisions of this chapter. KANSAS. Constitution (1859): SEC. 188. Provision shall be made bylaw for the establish- ment at some eligible and central point of a State university for the promotion of literature and the arts and sciences, including a normal and an agricultural depart- ment. All funds arising from the sale or rents of lands granted by the United States to the State for the support of a State university, and all other grants, donations, or bequests, either by the State or by individuals for such purpose, shall remain a perpetual fund, to be called the " university fund," the interest of which shall be appropriated to the support of the State university. SEC. 184. No religious sect or sects shall ever control any part of the common school or university funds of the State. [Probably this covers the fund of 1862, which was received by the State subsequently to the adoption of the constitution. The State university is mentioned under "Article VI Education," and not under ''Article VII Public institutions."] [The following matter is taken from the " General Statutes of Kansas, 1899, being a compilation of all the laws of a general nature, including the session laws of 1899, annotated to and including Kansas Reports, volume 59, and Kansas Appeal Reports, volume 7, by C. F. W. Dassler." Topeka, Kans., 1900.] SEC. 6523. That the provisions of the act of Congress approved July 2, 1862, are hereby accepted by the State of Kansas; and the State hereby agrees and obligates itself to comply with all the provisions of said act. SEC. 6524. That upon the approval of this act by the governor, he is hereby instructed to transmit a certified copy of the same to the Secretary of State and the Secretary of the Interior of the United States. SEC. 6525. Whereas the Congress of the United States, by an act approved July 2, 1862, granted to the State of Kansas, upon certain conditions, 90,000 acres of public lands for the endowment, support, and maintenance of a college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life; and whereas the State of Kansas by its legislature has expressed its acceptance of the benefits of the said act of Congress, and has agreed to fulfill the conditions therein contained: Therefore be it enacted, etc., . SEC. 6526. That the college in the foregoing preamble mentioned is hereby per- manently located at and upon a certain tract of land situated in the county of Riley and bounded and described as follows: Commencing, etc., ' ' containing 100 acres: Provided, however, That the location of said college as aforesaid is upon this express condition: That the Bluemont Central College Association, in whom the title to said land is now vested, shall within six months from and after the LAWS RELATING TO LANI>GRANT COLLEGES. 71 approval of the governor hereto, cede to the State of Kansas in fee simple the real estate above described, together with all buildings and appurtenances thereunto belonging, and shall within such time transfer and deliver to said State tho apparatus and library belonging to said Bluemont Central College Association. SEC. 6527. The governor of the State is hereby authorized to receive the title papers by which the foregoing mentioned property may be transferred to the State, and to cause the same to be duly recorded in the proper office, and to be deposited in the office of the auditor of State. SEC. 6528. The college for the benefit of agriculture and the mechanic arts, which was located by an act of the legislature of the State of Kansas approved February 16, 1863, shall be known as the Kansas State Agricultural College. SEC. 6529. The government of the college is vested in a board of seven regents, all of whom shall be appointed by the governor and confirmed by the senate, and whose term of office shall be four years. Five of said regents shall be appointed on or before the 1st day of April, 1897, one of whom shall hold his office until the 1st day of April, 1899, and four of whom shall hold their office until the 1st day of April, 1901. Two others shall be appointed on or before the 1st day of April, 1898, to hold office until the 1st day of April, 1899; and on or before the 1st day of April, 1899, and every four years thereafter, previous to the 1st day of April, three regents (and after the 1st day of ^pril, 1897, four regents) shall be appointed by the governor and confirmed by the senate for a term of four years each, their terms expiring on the 1st of April. (Amended by an act passed in 1901 making the president of the college an ex offlcio member of the board of regents in place of one of the appointed members. ) SEC. 6530. No one connected with the college as professor, tutor, teacher, or employee shall be a regent. Sr.i 1 .' r5:>l. The regents shall elect a president who shall be the chief officer of the college, the head of each department thereof, and secretary of the board of regents, and whose duties and powt-rs, otherwise than as prescribed in this act, shall be pivsrrilx-d by tin- board of regents. . G."W2. The board of regents shall constitute the body corporate with the right as such to *ue and be sued, to use a common seal and alter the same at -are. [In connection with this s^-tion maybe quoted tho remarks of the Kansas supreme court: u They [the board] are a coi partition having the entire control of all departments of the college- educational, financial, and administrative. They have the power to appoint and discharge the president and all t he professors and teachers, and to fix and increase or diminish their several salaries. But with all these powers, they are not supreme nor irresponsible. They may 'sue and h> sued/ i -' as the managing officers of other public corporations, such as cities, towns, count; 'I scho . il districts may. * * * While the legislature unquestionably intended to router upon tin- board of regents extensive powers, yet it did not intend to confer upon them tli" irresponsible- power of trifling with other men's rights with impunity; and mak- ing the regents responsible for their acta does not in the least abridge their powers. It only tends to make them more cautious and circumspect in the exercise of their powers. But the plaintiff in error [i. e., the board of regents] claims in substance that the board has no legal power to make a contract to employ a president or a professor or a teacher for any particular period of time and therefore that an agreement to employ a president or a professor or a teacher for three months or for any other definite period of time would be an absolute nullity. Now wo cun not think that this is correct. We think that the board has the power to make a valid contract in advance, * * * and especially so where the board reserves the right to dis- charge such president, professor, or teacher at any time for misconduct. It would certainly be for the inter, ^t oft lie c< >llego that the board should have such power. No man of spirit, of self- respect, and of capability would want to hold an office or position at the whim or caprice of a body of men with whom he might have but little if any personal acquaintance. No man of spirit, of self-respect, and of capability would accept an office unless he felt that he was reason- ably certain to hold the same for some reasonable period of time, * * * and generally men only of inferior talent could be found to accept it or to perform its functions with such a preca- rious tenure, and even then a higher rate of compensation would be required than where the tenure is more stable and certain." (The Board of Regents of the Kansas State Agricultural College v. Mudge, 21 Kans., pp. 929-930.)] SEC. 6533. The regents shall have power to enact ordinances, by-laws, and regu- lations for the government of said college, to elect a president, to fix, increase, and diminish the regular number of professors and teachers, and to appoint the same, and to determine the amount of their salaries. They shall have power to remove the president and any professor or teacher whenever the interest of the college shall require. SEC. 6534. The college shall consist of four departments: (1) The department of agriculture, (2) mechanic arts, (3) military science and tactics, (4) literature and science. SEC. 6535. The immediate government of the several departments shall be intrusted to the president and the respective professors and teachers, but the regents shall have power to regulate the course of instruction and to prescribe, Tinder the advice of the faculty, the books and authorities to be used in Jhe several 72 EDUCATION REPORT, 1901-1902. departments; also to confer such degrees and grant such diplomas as are conferred by Institutions of the highest grade. SEC. 6536. The college shall be open to all persons, under such regulations as may be prescribed by the regents: Provided, That no student shall be refused admittance to this college simply because he has been expelled from some other college. SEC. 6537. The board of regents shall make an exhibit of the affairs of the col- lege in each year to the superintendent of public instruction, setting forth the condition of the college, the amount of receipts and expenditures, the number of professors and teachers and other officers, and the compensation of each; the number of students in the several departments and in the different classes, the books of instruction used, an estimate of the expenses of the ensuing year, a full transcript of the journal of the proceedings for the year, together with such other information and suggestions as they may deem important or the superintendent of public instruction may require to embrace in his report, which shall be reported by the superintendent of public instruction to the legislature in his annual report. SEC. 6588. The board of regents shall report annually the progress of said col- lege, recording any improvements and experiments made, with their cost and results, and such other matters, including State and industrial and economical statistics, as may be supposed useful; one copy of which shall be transmitted by mail, free, to all the other colleges which may be endowed under the provision's of the act of Congress approved July 2, 1862, and also one copy to the Secretary of the Interior. SEC. 6539. A board of visitors to consist of three persons shall be appointed by the governor, to hold their offices severally for one, two, or three years, but their successors shall hold their office for three years. It shall be their duty to make a personal examination into the state and condition of the college in all its depart- ments and branches once at least in each year, and report the result to the super- intendent of public instruction, suggesting such improvements as they may deem important, which report shall be embodied in the report of the superintendent. SEC. 6540. The regents shall have power to appoint a secretary, librarian, treas- urer, and such other officers as the interests of the college may require, who shall hold their office at the pleasure of the board and shall receive such compensation as the board may prescribe. SEC. 6541. The board of regents shall have the general supervision of the college and the direction and control of all expenditures. SEC. 6542. It shall be the duty of the board of regents at their earliest con- venience to secure a collection of specimens in mineralogy, geology, zoology, bot- any, and other specimens pertaining to natural history, and whenever a geological survey of the State may be made a complete set of specimens collected shall be deposited in the cabinet of the college. The said board shall make provision for increasing and preserving the library and apparatus belonging to the said college, and the apparatus and library that may be transferred to the State by the Blue- mont Central College Association. SEC. 6543. The first meeting of the board of regents shall be called by the super- intendent of public instruction as soon as may be after the fulfillment by the Blue- mont Central College Association of an act entitled "An act to locate and estab- lish a college for the benefit of agriculture and the mechanic arts," approved February 16, 1863; but all succeeding meetings shall be called in such manner as the said board may prescribe, and shall be held at the college building and at least once annually. SEC. 6544. A majority of the board of regents shall constitute a quorum to do business. SEC. 6545. The 90,000 acres of land granted to the State of Kansas by Congress to endow a college for the benefit of agriculture and the mechanic arts shall be used solely for the endowment of said Kansas State Agricultural College and for no other purpose whatever, and the interest on the fund arising from the sale of said lands shall be used as the board of regents may determine for maintenance, support, and development of the said agricultural college; but the principal or the money arising from the sale of said lands shall be invested according to law. [In a case known as Board of Eegents of the Kansas State Agricultural College v. Hamilton, treasurer of Saline County (28 Kans. ) , the court said: " The controlling question in matters of taxa- tion is who in fact owns the property and not where rests the mere legal title. . . . The ques- tion then is who really and equitably owned this land? Unhesitatingly we affirm the State. The Kansas State Agricultural College is a State institution; it is absolutely and exclusively under the control of the State; its property belongs to the State. It is true that to-day the State has created the board of regents into a body corporate, but to-morrow it may set aside this body corporate and place the control of the properties in any other board or organization. No pri- vate rights .intervene. It is purely and solely a matter of State and public control. The State LAWS RELATING TO LAND-GKANT COLLEGES. 73 created a body corporate, but why we can not say. In regard to certain State institutions, why it did the same as, for instance, in the case of the State University, why it omitted to do so in the case of the normal school, in the case of the State penitentiary we do not know. ... It is enough for the purposes of this case to know that the State is the absolute owner and controller of the institution and its properties, and the mere manner in which it executes the trusts reposed in it by the act of Congress or disposes of the public property vested in it, is for the purposes of this case entirely immaterial. . . . This agricultural college is . . . a mere instrument created directly by the State and is the one by which it manages the properties conveyed to it by the United States. . . . Therefore our conclusion is that this real estate belonging absolutely to the agri- cultural college . . . is exempt from taxation" (pp. 379-380 ). [In a case of 1875, Oswalt v. Hallowell, treasurer of Washington County, the court said: "But do tne laws of Kansas make this kind of land (i. e., agricultural land held under contracts pur- chase) held in this manner taxable? Now there can be no question as to the power of the State to tax all land within its borders not belonging to the United States or to Indians, even though the State may own the land itself. The only question, then, is whether the State has attempted to make these lands taxable. The first section of the tax law provides that ' all property in this State, real and personal, not expressly exempted therefrom shall be subject to taxation.' Now, are these laws [lands?] expressly exempted from taxation? We think not. . . . The land in question is not 'used exclusively for State purposes' . . . and it does not belong to the State exclusively " ( 15 Kans., p. 156-157). The court adhered to this in 29 Kans., Board of Commissioners v. Baldwin. In Stahl, Treasurer of Lyon County, r. Kansas Educational Association of the Methodist Episcopal Church (1895), it was held that private corporation is liable to be taxed " when its real t-stato is rented to a tenant or its funds invested in other property for profit or loaned at inton.-.st" (p. 549, 54 Kans.).] SEC. 6540. The board of regents of the State Agricultural College are hereby authorized and directed to sell as soon as practicable and in the manner herein- after provided the public lands granted by act of Congress approved July 2, 1862, to the State of Kansas, for the benefit of agriculture and the mechanic arts. SEC. 6547. The said board of regents shall sell any portion of lands mentioned in the preceding section at a price not less than $3 per acre, for cash at the time of sale or upon the following conditions of credit, when deemed by them most condu- cive to the interests of said college, to wit: In eight equal annual installments, with 10 per cent interest on each installment, payable annually, the first installment to be paid at the date of purchase. The said board of regents are hereby authorized and directed to employ an agent or agents to sell said lands, and his rate of com- pensation with other expenses of sale shall not exceed 3 per cent upon the amount received from the sale of said lands, and he shall also have power to execute to the purchaser in the name of the State of Kansas all receipts for purchase money and title bonds necessary to be given in the sale of said lands: Provided, That on all timbered lands half of the purchase money shall be paid in advance, and also that a purchaser may at any time pay all arrearages and receive his patent: Provided, //o.'/vm*, That all expenses of management and superintendence of said lands and all the expenses attending the sale thereof and the investment of the proceeds which may be received therefrom shall be paid by the State, and the auditor of State is hereby authorized to audit all expenses provided for in this act. SEC. 6548. That the board of regents of the Kansas State Agricultural College is hereby authorized, in view of the fact that all the lands granted for endowment of said college have been sold, to empower the secretary of said board of regents to execute new contracts, subject to approval by said board of regents, for any lands returned upon forfeiture of contract, without the appofntment of a land agent as provided by law, and the officer so empowered shall be required to make the settlements and statements required of the land agent by law. SKI-. (5550. The said agent or agents shall, before he or they enter upon the duties of the office, execute to the State of Kansas a bond in the sum of $40,000; said bond to be approved by the governor and filed in the office of the secretary of state. SEC. 6551. The president and secretary of the board of regents or their agents, shall give receipts to the purchaser of said lands for the payment of all installments and interest due thereon; and when the last installment upon any one purchase has been paid, the purchaser, his heirs or assigns, shall be entitled to a patent for the land so purchased, from the governor, under the great seal of the State, which patent shall confer upon the grantee a title in fee simple for the lands described in said patent. SEC. 6552. The treasurer of the said agricultural college shall, before he receives from the board of regents the order for the funds in the hands of the State treasurer, execute and give a bond with five or more securities, to be approved by the board of regents, in double the amount of the funds of the said agricultural college, as near as the same can be ascertained, which will come into his hands as treasurer dur- ing his term of office, payable to the Kansas State Agricultural College, and con- The constitution of Kansas (art. 11) provides that the legislature shall provide for a uniform and equal rate of assessment and taxation, but all property used exclusively for State, county, municipal, literary, educational, scientific, religious, benevolent, and charitable purposes, and personal property to the amount of at least 200 for each family shall be exempted from taxation. 74 EDUCATION EEPOET, 1901-1902. ditioned for the faithful discharge of his duties as treasurer of the said college. He shall keep an accurate account in a book kept for that purpose of all moneys, notes, bonds, or other evidences of indebtedness coming into his hands as treas- urer, and shall keep a separate account of the endowment and interest funds; he shall pay out no moneys except upon the order of the board of regents or the loan commissioner . SEC. 6553. The board of regents may, if they deem it for the interest of said agricultural college, direct the treasurer to sell or dispose of any or all bonds or other evidences of indebtedness belonging to the said college, on such terms as they may prescribe, and the land commissioner shall, under their direction, rein- vest the proceeds as provided by this act. SEC. 6554. Any person failing to pay the purchase money for any of the lands purchased from the Kansas State Agricultural College, or any installment of the same, shall forfeit all right to the land from the time of such failure of payment, and the board of regents shall proceed to eject such person from said land, if in possession. SEC. 6555. The governor, treasurer, and secretary of the State of Kansas are hereby authorized and directed to issue, on or before the 1st day of April, 1866, the bonds of the State of Kansas for the sum of $5,500, the same to be negotiated by the governor, and the proceeds to be paid into the State treasury; said bonds, with coupons attached, shall run five years from their date, bearing interest at the rate of 10 per cent per annum, payable semiannually at the office of the treas- urer of State, and shall not be sold below their par value. SEC. 6556. The proceeds of the sale of said bonds shall be applied as follows, to wit: The sum of $5,500 to pay arrearages incurred in conducting the Kansas State Agricultural College, and to defray the current expenses of said college for the year 1866, and the auditor of State is hereby authorized to draw his warrant on the State treasurer in favor of the treasurer of the board of regents upon an order of said board. SEC. 6557. The amount to be applied out of the income referred to in section 5 of this act, to meet the current expenses of said college, shall not exceed $4,000 per annum as long as the principal and interest on said bonds herein provided to be issued remains unpaid; and all moneys realized from the accruing interest on said deferred payments and securities over $4,000 per annum shall be by the State treasurer applied in liquidation of said bonds, on the 1st day of January of each year, until the whole of said loan secured by the bonds herein provided shall have been paid: Provided, however, That if a sufficient fund is raised from the sale of said lands as will afford a surplus income after paying the bonds herein provided to be issued, and interest thereon as the same becomes due, a larger sum to defray the current expenses of said college may be appropriated, if the board of regents in their judgment may deem it necessary. SEC. 6558. The treasurer of the board of regents shall audit all accounts of said agent or agents for the sale of said lands and all other accounts against said col- lege, and the auditor of state shall audit all the accounts of said treasurer of said board of regents relating to said lands, and the sale thereof, and to the current expenses of said college. SEC. 6559. All moneys, bonds, mortgages, promissory notes, or other evidences of indebtedness due or belonging to the endowment fund of the State Agricultural College now in the hands of the treasurer, loan agent, or land agent of said State Agricultural College are hereby ordered turned over to the treasurer of the State of Kansas on or before April 1, 1883. The officer or officers delivering such secu- rities shall take receipts therefor in triplicate. One of said receipts shall be filed with the auditor of state, one with the board of regents, and one to be retained by the officer making such payment. The treasurer of state shall be responsible on his official bond for all sums of money, securities, bonds, or other valuable things which may come into his hands by virtue of this act, and shall at the close of each month make to the secretary of the board of regents a detailed statement of col- lections and disbursements and the condition of such funds belonging to said college. SEC. 6560. The board of regents shall appoint a loan commissioner, whose duty it shall be to make investments of the funds belonging to the said Agricultural College. The board of regents shall adopt rules and regulations under the provi- sions of this act, prescribing the kind and manner in which all bonds and invest- ments shall be made by said loan commissioner. He shall keep an accurate account in a book kept for that purpose of all loans and investments. He shall draw his warrant upon the treasurer of state for such sums as he may loan or invest, specifying in the warrant to whom the same is payable. The presi- dent of the college and secretary of the board of regents of the Agricultural LAWS RELATING TO LAND-GRANT COLLEGES. 75 College shall approve all loans and investments made, and with the loan com- missioner shall sign all warrants issned on the State treasurer. The loan commissioner shall draw no warrant except for loans and investments, and separate warrants shall be drawn for each loan or investment. All loans or investments shall be made in the name of the Kansas State Agricultural College, and all principal and interest shall be payable at the office of the State treasurer. SEC. 6561. The interest? accruing on the investment of the State Agricultural College funds and the interest paid upon sales of Agricultural College lands shall be paid over to the treasurer of the State Agricultural College by the State treas- urer upon the warrant of the president of the board of regents, attested by the secretary. SEC. 6562. The agent for tha sale of State Agricultural College lands shall, on or before the 5th day of each month, pay over to the State treasurer all money received by him on account of sales of said lands or collections on prior sales for the month preceding. At the time of making such payment said land agent shall deliver to the auditor of state, and also to the secretary of the board of regents, a detailed statement, duly certified under his hand, showing the number of acres and descriptions of the lands sold, by whom purchased, and the price per acre, and all collections on prior wales for the months upon which payments are made to the State treasurer. KENTUCKY. Constitution (1891): SEC. 184. No sum shall be raised or collected for education other than in common schools until the question of taxation is submitted to the legal voters and the majority of the votes cast at said election shall be in favor of such taxation: Provided, The tax now imposed for educational purposes, and for the endowment and maintenance of the Agricultural and Mechanical College, shall remain until changed by law. SEC. 189. No portion of any fund or tax now existing, or that may hereafter be raised or levied for educational purposes, shall be appropriated to or used by or in aid of any church, sectarian or denominational school. [In the cases Higgins r. Prater, sheriff, and Hill r. Hamilton, sheriff (91 Ky.), the Kentucky court of appeals said: "The quMtumprcMBted in these cases is not only an important but a del- icate one. Delicate because we must determine whether a legislative act is constitutional and important, because it relates to education, which has been said to be the birthright of every child born in a republic. Its consideration has been delayed because of repeated legislative agi- tation upon tin 1 subject: but as aconvention is now in session, framing a proposed organic law for the Stilt'-, it is proper that it should be decided. Our legislature in 1880 passed a statute Kentucky, wnicii is an educational institution incorporated by the law of the State, and under its control. The tax is a small one. The owner of $10,000 worth of property pays but 50 cents a year. If unconstitutional, however, then it is oppressive, however small. If the college can fnirly bo considered a part of our common-school system, then this is an end of the controversy. student per year, who may take the entire collegiate course free of charge for tuition, and it may in like manner send for one year not more than four persons, in the discretion of the board of ci mtr< .1, \vho are or intend to be teachers. Notwithstanding all this, however, we think it clear, in the litfht of the proceedings of the convention which framed our constitution, and legislation prior and subequent thereto, as well as from the opinions of this court in the case of Halbert v. Sparks, 9 Bush. . 1:1 Ky.. p. MS), and Collins r. Henderson, etc., 11 Bush. (74 Ky., defining whatwas meant by 'common schools '), that this institution cannot be regarded as a part of our common- school system. In fact, this is virtually conceded in argument; and this brings us to the consid- eration of the highly important question, which is, res Integra, whether the legislature can con- stitutionally aid Ijy taxation any educational institution whatever, other than common schools. It is plain that it is not expressly forbidden by the article of the constitution above cited. "An implied prohibition is, however, claimed. * * * It is urged that * * * the organic law has confined the use of any money raised by taxation to the support of common schools. In . [Now! does the constitution impliedly forbid the raising of any public money by taxation for any educational purposes, save the general common-school fund of the State? Common-school education is the subject of the article. No other sort of education is named. The original of the school fund named in the constitution came from the General Government. In 1836 it dis- tributed among the States a large surplus of money, this State's portion being nearly $1,500,000. It should, perhaps, in view of the understanding with which the donation was made, have set apart the entire sum for the support of a general system of education. It did so, however, in 1887 to the extent 9f $1,000,000. In 1838 the legislature reduced the sum to $850,000, for which sum State bonds, bearing interest payable semiannually, were issued to the board of education. Those in authority regarded this as a debt due by the State to itself, therefore the payment of interest was neglected, to which default the legislature by its action was a party. The money thus donated t9 the State was in the main used in the construction of internal improvements. In 1845 the legislature directed the board of education to surrender the bonds that had been executed to it to the governor, with directions that he burn them, lists thereof being kept, and this was done. The friends of common-school education became alarmed. In 1848 the legislature 76 EDUCATION KEPORT, 1901-1902. passed an act which recognized the sacredness of the original debt, directed the execution of a bond to the board of education for its unpaid interest, amounting then to nearly $300,000, but made it payable at the pleasure of the legislature, and ordered a vote of the people as to whether a tax of 2 cents on the $100 of taxable property should be levied ' for the purpose of establishing more permanently a common-school system in the State. 1 It carried by a very large majority. The convention that framed our present constitution (that of 1850) met the following year. "The public mind was still excited in regard to the then recent invasion of the common-school fund. This was the mischief to be remedied, and it was to be done by placing the bond beyond the caprice of future legislatures. It then existed only by legislative sufferance, as neither of the first two constitutions of the State contained any provisions as to education. Prior to 1849, we do not think, in the light of all historical information at hand, it can fairly be said there was any conflict between the friends of higher and lower education. If so, it is likely it would have been carried into the convention of that year, and there is no trace of it. The debates in that body show that this was not the question before it. It was never named. This silence is signifi- cant in the consideration of this case. The purpose was, in the language of one of the leading members of the convention, 'to place the common-school fund beyond legislative control.' Some favored a future tax for it by constitutional guarantee, while others, although in favor of making the fund inviolate, desiredto leave future taxation to the legislature. This was the main ground of difference. The last view prevailed * * * and the members generally used the terms ' educational purposes ' and ' common-school purposes ' as synonymous terms. Hence, the court decided that the constitution of 1850 was merely confining money raised by taxation for common schools to the support of common schools, but was not interdicting the legislature from laying taxes for higher education. In 14 Bush. (77 Ky.) it was decided, in Auditor (of State) v. Kalland, etc. (p. 153), that l The general assembly has no power thus to abdicate its control over the fund (common school) and abandon to the county courts, to be performed or not at their pleasure, the duty and power which the constitution has imposed upon and vested alone in the legislature.'"] SEC. 170. There shall be exempt from taxation public property used for public purposes; places actually used for religious worship, with the grounds attached thereto and used and appurtenant to the house of worship, not exceeding one-half acre in cities or towns and not exceeding 2 acres in the country; places of burial not held for private or corporate profit, institutions of purely public charity, and institutions of education not used or employed for gain by any person or corporation, and the income of which is devoted solely to the cause of education; public libraries, their endowments, and the income of such property as is used exclusively for their maintenance; all parsonages or residences owned by any religious society and occupied as a home, and for no other purpose, by the minis- ter of any religion, with not exceeding one-half acre of ground in towns and cities and 2 acres of ground in the country appurtenant thereto. [The following matter is taken from "The Kentucky Statutes, containing all general laws, 2d ed., prepared by John D. Carroll." Louisville, 1899.] Kentucky Statutes: SEC. 15. The government, administration, and control of the Agricultural and Mechanical College of Kentucky is hereby vested in a board of trustees, constituted and appointed as follows: (1) His excellency the governor of Kentucky, who shall be ex officio chairman thereof; (2) fifteen men, discreet, intelligent, and prudent, who shall be nominated by the governor of Kentucky, by and with the advice and consent of the senate. They shall hold office for six years, five retiring and five being appointed at each regular session of the general assembly. Said nominations shall be made within fifteen days after the legisla- ture convenes. Said trustees shall be appointed and distributed as follows, namely, one from each Congressional district outside of the Congressional district in which Lexington is situated, and the remainder from the latter district; but no more than three trustees shall be appointed from the county of Fayette: Provided, That no trustee now serving under an appointment previously made shall be displaced by the operation of this act before his term of service shall expire; (3) the presi- dent of the college shall be ex officio a member of the board of trustees. SEC. 16. The board of trustees, when appointed and qualified, shall be a body corporate, under the corporate, name of the Agricultural and Mechanical College of Kentucky, and as a corporation shall have power to sue and be sued, implead and be impleaded, contract and be contracted with, and possess all the immuni- ties, rights, privileges, and franchises usually attaching to the governing bodies of educational institutions. They shall have power to receive, hold, and admin- ister, on behalf f the institution whose government, administration, and control is committed to them, all revenues accruing from all existing or future endow- ments, appropriations, or bequests, by whomsoever made, subject to the condi- tions attaching thereto; to receive, administer, and apply, for and on behalf of said college, all moneys, devises, stocks, bonds, buildings, museums, lands, appa- ratus, etc., under the conditions attaching thereto. Said trustees shall have power to determine, from time to time, the number of departments of study or investigation which the college shall comprise within the scope of the organic act of Congress, or acts supplementary thereto, donating land scrip for the endow- ment of agricultural and mechanical colleges; the relation which each depart- ment or group of departments shall sustain to each other and to the whole; to LAWS RELATING TO LAND-GRANT COLLEGES. 77 devise, allot, and arrange the distributions of departments or groups of depart- ments, with the designation appropriate to each; and to devise the means required for their effective instruction, administration, and government. They shall have also power to appoint presidents, professors, assistants, tutors, and other officers, and to determine the salaries, duties, and official relations of each; and shall pro- vide for a definite salary in money attached to all positions created and filled by the board of trustees; and there shall be no additions thereto in the form of fees, perquisites, or emoluments of any kind whatever. They shall have full power to suspend or remove at will any of the officers, teachers, professors, or agents whom they are authorized by law to appoint, and to do all other acts which may be needful for the welfare of the institution. SEC. 17. Said board of trustees shall have power to grant degrees to the alumni of the institution, to prescribe conditions upon which post-graduate honors shall be obtained by its alumni and others, and to confer such honorary degrees upon the recommendation of the faculty of the institution as they may think proper. SEC. 18. A majority of the whole board shall constitute a quorum for the transaction of business. SEC. 19. In the appointment of presidents, professors, or instructors no pref- erence shall be shown to any religious denomination. SEC. 20. The board of trustees shall meet in Lexington twice each year in the president's room in the college, namely, upon the Tuesday preceding the annual commencement and upon the second Tuesday in December. In the absence of the governor the board shall have the power to appoint a chairman pro teinpore. They shall elect annually a secretary, who shall keep a record of their proceed- ings, and a treasurer, who shall receive and disburse the funds, and a business agent, who shall make all purchases for all departments of the college and attend to all the business under the direction of the board. Said secretary and treasurer and business agent shall receive for their services a fair compensation, but the treasurer elected under the provisions of this act shall not be a member of the board of trustees or of the faculty of the college, or otherwise an employee of the college or of any of the departments thereof. They shall at each regular meeting appoint an executive committee, consisting of five of their number residing in or near Lexington, including a chairman thereof, three of whom shall constitute a quorum, and said committee shall choose from their number a chairman pro tempore, to act in the absence of the permanent chairman. The executive com- mittee shall be charged with the general administration of the affairs of the college, under such by-laws and regulations as shall be prescribed by the board of trustees, and with the execution of measures specially authorized by the board. It shall, at each regular meeting of the trustees, and at each called meeting, if required, submit to the board a complete record of its proceedings for the con- sideration and approval of the board of trustees: Provided, That the authority of the board of trustees to revise the acts of the executive committee shall not extend to the general or specific authority granted by the board of trustees, and within the sums appropriated by the board for the specific or contingent objects at regular or called meetings. The secretary of the board of trustees shall also be secretary of the executive committee and the custodian of the records, and so forth, of the board and said committee. SEC. 21. The treasurer of said college shall enter into covenant with the Com- monwealth of Kentucky, with one or more good sureties bound therein, to be approved by the board of trustees, conditioned for the faithful performance of his duties and the payment of all moneys that shall come to his hands to his suc- cessors in office or to such person or persons as may be lawfully entitled to receive the same. Any person or persons, including the board of trustees, injured by any breach of this bond may maintain in the Fayette circuit court appropriate action thereon. The said treasurer shall keep an itemized account of receipts and expenditures and shall pay out no money except on authorization of the board of trustees, given directly or through its executive committee. He shall render to the executive committee monthly statements of receipts and expenditures and amount on hand, and a full detailed statement, with vouchers, for the information and action of the board of trustees at its regular annual meeting and at other periods when required. SEC. 22. In the case of the death, resignation, or refusal to serve of any of the trustees appointed as members of the board on behalf of the State the remaining trustees shall, at their first meeting thereafter, have power to fill all vacancies occasioned by such death, resignation, or refusal to serve, and the person or per- sons so appointed shall hold their office as trustees during the natural or unex- pired terms of the person or persons for whom they are substituted and appointed. 78 EDUCATION REPORT, 1901-1902. Any trustee who shall fail to attend two consecutive meetings, without proper notification to the secretary of the reason therefor, shall thereby vacate his office of trustee, and the board shall fill the vacancy as hereinbefore provided for. SEC. 23. All necessary expenses incurred by the trustees in going to, returning from, or while attending the meetings of the board shall be met and discharged out of the funds of the institution. SEC. 24. That in addition to the regular meetings, called meetings of the board of trustees may also be held. The call for such meeting -must be in writing, signed by three or more trustees. The call must also be formally communicated by the secretary to each trustee by mail, at his post-office address, at least fifteen days before the day fixed for the meeting, and must state definitely the object of the meeting; and no business not thus explicitly announced shall be acted on at the called meeting. SEC. 25. That the regular collegiate period of the agricultural and mechanical college shall be four years, and only those students who pass through that period and attain the prescribed standard of proficiency in the regular course of studies, or those who have qualified themselves elsewhere, shall be found, after at least one year's attendance in the college, to have attained the prescribed standard of proficiency in the regular course of studies shall receive a diploma from the col- lege. But a normal department or course of instruction for irregular periods, designed more particularly, but not exclusively, to qualify teachers for common or other schools, and an academy or preparatory department to prepare students for the regular courses of study in the college shall be established and maintained in connection with the college, each under a competent principal and assistants, and under the general supervision and control of the faculty thereof. SEC. 26. The board of trustees are hereby empowered to establish proper regula- tions for the government of the college and the physical training, military or otherwise, of the students, and to authorize the suspension and dismissal of stu- dents for neglect or violation of the regulations, or for other conduct prejudicial to the character and welfare of the institution. SEC. 27. The board of trustees shall make to the general assembly, within the first month of each regular session, a full report of the condition and operation of the college since the date of the preceding report, with such recommendations concerning the college as may be deemed necessary. SEC. 28. Each legislative district in the State shall, in consideration of the incomes accruing to the college under "An act for the benefit of the Agricultural and Mechanical College of Kentucky," approved April 29, 1880, be entitled to select and to send to said college each year one properly prepared student, free from all charges for tuition, matriculation fees, room rent, fuel and lights, and to have all the advantages and privileges of the college and dormitories free, except board. Students shall be entitled, free of any cost whatever, to the benefits enumerated above for the term of years necessary to complete the course of study in which he or she matriculates for graduation, or during good behavior. All beneficiaries of the State who continue students for one consecutive collegiate year, or ten months, unless unavoidably prevented, shall also be entitled to their necessary traveling expenses in going to and returning from said college. The selection of the bene- ficiaries shall be made by the superintendents of common schools in their respec- tive counties, upon competitive examination on subjects prepared by the faculty of the college and transmitted to said superintendents before the 1st day of June df each year: Provided, That no standard of admission adopted by the college for admission into the academy shall exclude from the benefits of this act county appointees who have completed the course of study prescribed by law for the com- mon schools of the Commonwealth. Said competitive examination shall be open to all persons between the ages of 14 and 21 years. Preference shall be given, other things being equal, to those who have passed with credit through the public school, persons of energy and industry whose means are small, to aid whom in obtaining a good education this provision is intended. If any representative dis- trict contains more than one county, each county so included shall be entitled to select one beneficiary as aforesaid. Said competitive examination shall be held and the successful competitor appointed between the 1st day of June and the 1st day of August of each year. It shall be the duty of the county superintendent to make known the benefits of this provision to each common school district under his superintendency, with the time and place, when and where such competitive examination shall be held. He shall for this purpose appoint a board of exam- iners whose duty it shall be to conduct the examination. SEC. 29. In addition to the foregoing, teachers, or persons preparing to teach, may be admitted at the rate of not more than four from each county, upon tiie same conditions, receive the same benefits, and have the same privileges in said LAWS RELATING TO LAND-GRANT COLLEGES. 79 college as prescribed in the preceding section. The appointments shall be vested in the county superintendents. Said appointments may be made and certified to the president of the college at any time between the 1st day of July and the 31st day of December of each year. SEC. 30. The president shall, on or before the 1st day of July of each year, have printed and mailed to each county superintendent of common schools of this State at least as many circulars of information relative to said college as there are common school districts in said respective counties. Said circulars shall set forth in full the benefits of, methods of admission into, and the probable cost to benefi- ciaries of said college. The county superintendents of common schools shall have at least one of said circulars posted in the schoolhouse of each common school dis- trict in their respective counties during the term of the free school thereof. SEC. 2735. (1) The geological collection, including maps, charts, apparatus, and all the accumulated material of the geological survey, is hereby directed to be removed to the building of the State college, to be placed in rooms suitable for that purpose, there to remain, subject, however, to be recalled at any time that may seem proper by the general assembly. (2) The present inspector of mines shall keep an office at the State college, and the salary of himself and each assistant, including his salary as curator of the geological survey, as provided by law, shall continue during the term of service for which he and they were appointed. (3) The board of trustees of the State college are hereby authorized to establish a course of study in said college to be known and designated as the ''course of mining engineering," in which shall be taught all the branches of science relating thereto, and said board of trustees shall, after the expiration of the terms of service of the present inspector and assistants, respectively, select, as other professors are selected, a suitable and competent person for dean of the same, with the necessary staff of assistants, and said dean shall, by reason of said selection, be the inspector of mines, with all the powers and privileges now conferred upon the said inspector by law. It shall also be his duty to determine, by chemical analysis or otherwise, the kind and quantity of the mineral products of the State of Kentucky as may be sent to him for inspection or analysis, and give written opinions thereon; but these latter duties shall not be allowed to interfere with his duties as inspector, relative to the safe condition of the coal mines of the State. He shall take the required oath and give the same bond as now required by same officer. He and his assistants shall hold office on identically the same conditions with other pro- fessors in said college, and shall be subject to 'removal as they are. Said dean and li i its, however, inasmuch as their duties consist primarily and prin- cipally of work peculiarly public and practical in relation to the mines and min- eral products of the Commonwealth, shall be regarded as public servants in a sense in which the ordinary professors of the college can not be regarded, and shall therefore receive compensation directly from the State and not from the funds of the college, and their compensation as now fixed by law shall be certi- fied to the auditor as heretofore and paid out of the treasury as now paid. (4) The inspector of mines is hereby directed to remove within a reasonable time the geological collection of this State, including maps, apparatus, etc., to the State college at Lexington. SEC. 1822. In each year, before any person or company shall sell, offer, or expose for sale in thin State any commercial fertilizer, said person or company shall fur- nish to the director of the agricultural experiment station of the Agricultural and Mechanical College of Kentucky, which station is hereby recognized as the " Ken- tucky Agricultural Experiment Station," a sealed quantity of such commercial fertilizer, not less than 1 pound, sufficient for analysis, accompanied by an affi- davit that the sample so furnished is a fair and true sample of a commercial fer- tilizer which the said person or company desires to sell in this State, and said affidavit shall also state the name and address of the manufacturers, the name of the fertilizer, the number of net pounds in each package, and the minimum per- centages of the essential ingredients guaranteed in each fertilizer, in such form and manner as may be prescribed by said director. (2) The director of said experiment station, upon receipt of affidavit and sam- ple, as provided for in section 1, and upon receipt of the fees hereinafter provided, shall issue to said person or company a sufficient number of labels to tag not less than 20 tons of said fertilizer, on which label shall be printed the name and address of the manufacturer, the name of the fertilizer, the number of net pounds in each package, and the minimum percentage composition in terms approved by the said director, as^ certified to in affidavit furnished by said person or company, together with a certificate from the director over his facsimile signature, authorizing the sale of such packages, according to the provisions of this act. 80 EDUCATION KEPORT, 1901-1902. (3) Every bag or other package or quantity of any commercial fertilizer, in any shape or form whatever, sold or offered for sale in this State, shall have attached to it in a conspicuous place a label as provided in section 2. (4) Any manufacturer or vender of any commercial fertilizer, or any person or company who shall sell, offer, or expose for sale any fertilizer, without having previously complied with the provisions of this act, shall be fined not less than |lOO nor more than $500 for each violation or evasion of this act. (5) The director shall receive for the labels described in section 2 of this act 50 cents for such number as may be required for 1 ton of fertilizer: Provided, That he may not furnish at any one time a less quantity than is sufficient for 10 tons of fertilizer. (6) The director of said Kentucky Agricultural Experiment Station shall pay all such fees received by him into the treasury of the Kentucky Agricultural Experiment Station, the authorities of which shall expend the same in meeting the legitimate expenses of the station, and for inspecting and making analyses of fertilizers, in experimental tests of same, and in other experimental work and purchases as shall inure to the benefit of the farmers of this Commonwealth. The director shall, within two months of the biennial meeting of the general assem- bly, present to the commissioner of agriculture a report of the work done by him, together with an itemized statement of receipts and expenditures for the two years preceding under the operations of this act. (7) The director of said experiment station is hereby authorized, in person or by deputy, to take samples for analysis from any bag or other package or quan- tity of any commercial fertilizer in the possession of any dealer or transportation company in this State; to enforce the provisions of this act, and to make and enforce such rules and regulations as he may deem necessary to carry fully into effect the true intent and meaning of this act. (10) The director of said experimental station shall annually analyze or cause to be analyzed at least one sample of every fertilizer sold or offered for sale under the provisions of this act; and he shall publish in one or more bulletins the analyses made during the year, together with the relative commercial value of each fer- tilizer computed from its anlaysis as he may determine, and the analysis guaran- teed by the manufacturer. (11) To facilitate the inspection of fertilizers, the director is authorized to require all manufacturers making shipments into or within this State to notify him of the kinds, amounts, dates, destinations, and the consignee of all such shipments. SEC. 1905a. (4) The experiment station of the Agricultural and Mechanical Col- lege, hereby designated as the Kentucky Agricultural Experiment Station, shall make analysis of food products on sale in Kentucky suspected of being adulterated at such times and places and to such extent as the director thereof may deter- mine. And the director of the said Kentucky Agricultural Experiment Station may appoint such agent or agents as he deems necessary, who shall have free access at all reasonable hours, for the purpose of examining into any place wherein it is suspected any article of food adulterated with any deleterious or foreign ingre- dient or ingredients exists, and such agent or agents, upon tendering the market price of said article, may take from any person, firm, or corporation samples of any article suspected of being adulterated as aforesaid, and said station may adopt or fix standards of purity, quality, or strength when such standards are not speci- fied or fixed by statute. (5) Whenever said station shall find by its analysis that adulterated food products have been on sale in the State it shall forthwith transmit the facts so f oimd to a grand juror or prosecuting attorney of the district in which said adulterated food product was found. (6) Said station shall make an annual report to the governor upon adulterated food products, in addition to the report required by law, which shall not exceed 150 pages, and said report may be included in the report which said station is already authorized by law to make, and such annual reports shall be submitted to the general assembly at its regular session. (8) The said Kentucky Agricultural Experiment Station shall receive for taking samples within the provisions of this act, and for analysis of the same, only actual traveling expenses and $5 for each sample taken and analyzed, to be paid by the Commonwealth of Kentucky upon warrant of auditor as other claims, but recov- ered of the owner of such article of food if declared upon inspection to be found adulterated or misbranded within the meaning of this act. The expenses of above inspections shall in no year exceed $2,500. (9) All fines recovered under this act shall be kept as a separate fund to pay necessary expenses in maintaining same. LAWS RELATING TO LAND-GRANT COLLEGES. 81 SEC. 1925a. All nnrseries in Kentucky where trees, vines, plants, or other nurs- ery stock are grown and offered for sale shall be inspected by the entomologist and botanist of the State Agricultural Station once each year at such time as he may elect, and he shall notify, in writing, the owners of such nurseries, the com- missioner of agriculture and statistics, the director of the State Agricultural Experiment Station, and the president of the State Horticultural Society of the presence of any San Jose scale or other destructively injurious insects or fungi on the trees, vines, plants, or other stock of such nurseries, and shall also notify, in writing, the owner of any affected stock that he is required, on or before a certain day, to take such measures for the destruction of such insect or fungus enemies of nursery stock as have been shown to be effectual for this purpose. Said ento- mologist and botanist shall, for the purpose of this act, be, and he is hereby, declared to be the State entomologist, and shall serve without pay other than that he may receive as an officer of the State Agricultural Experiment Station, but his expenses shall be paid as hereinafter provided. (7) The sum of $oOO annually, or so much thereof as may be necessary, is hereby appropriated for the purpose of paying the expenses of the State ento- mologist in the performance of his duties under the provisions of this act, and the auditor of public accounts is hereby directed to honor requisitions made by said State entomologist for expenses incurred in the performance of his duties. Acts of the general assembly, 1000, chapter 24. SECTION 1. The sum of $60,000, or as much as may be necessary therefor, is hereby appropriated for the purchase of ground and the erection thereon of a suitable building as a dormitory for young women students of the Agricultural and Mechanical College of Kentucky, and the equipment and furnishing thereof, which dormitory shall be capable of lodging and boarding comfortably 125 persons; also for the purpose of erecting and equipping a suitable building for military instruction, physical culture, and rooms for Young Men's Christian Association; also for the erection and equip- ment of a suitable building for the use of the normal department and for the use of the academy; also for the erection and equipment of a dormitory for young men students of said college; also for the purpose of erecting and furnishing an annex for the use of the engineering departments of said college. Sic. 4. The board of trustees shall appoint three prudent, discreet, intelligent women, members in good standing of one of the religious organizations recog- nized by the laws of the United States, who shall constitute a board of super- vision or control to manage and superintend, under the direction of the board of trustees, the dormitory for young women. The term of service shall be for six years; but the first appointments shall be, one for two years, one for four years, and one for six years, respectively, and thereafter ^ upon the expiration of their terms of service, one shall be appointed at the close of each biennial period to fill the vacancy: Pt*ovided, however, That the board of trustees shall have power at any time to remove any member of the board of control for reasons which they may deem sufficient and to fill the unexpired term by an ad interim appoint- ment. Said board of supervision shall meet at convenient intervals for the transaction of business. They shall keep a record of their proceedings and sub- mit the same to the board of trustees at their regular meetings. Their receipts and expenditures shall be embodied in semiannual reports to the board. They shall, when the dormitory is ready for the reception of students, submit to the board of trustees for their approval, or to the executive committee, if the board of trustees be not in session, a body of regulations in relation to their adminis- tration of the business of the dormitory and in relation to the conduct and disci- pline of its occupants. The members of the board of supervision or control shall receive no salary; but the necessary expenses incurred in the discharge of their duties shall be paid out of the funds set apart for the administration of the woman's dormitory. * * SEC. 7. The duties of the board of supervision or control shall be concerned exclusively with the management of the woman's dormitory and shall in no wise relate to the college privileges, duties, and relations of the young women, nor to the requirements of the faculty regarding their work or the discipline and control of the faculty over them as students. SEC. 8. The president of the college shall, as the representative of the board of trustees, have the same general authority in regard to the woman's dormitory which he is expected and required to exercise over the interests all and singular of the college, and any occupant of said dormitory who may feel aggrieved by the act of the board of control or the subordinate appointees shall have the privilege of appeal to the president of the college, whose decision shall be final until the next meeting of the executive committee. ED 1902 G 82 EDUCATION EEPORT, 1901-1902. SEC. 9. Women students attending said college as beneficiaries and appointees of counties or legislative districts shall have preference for accommodations in said woman's dormitory, and if the accommodations of said dormitory are not sufficient for all such appointees, then the proper authorities of said college shall decide, in some way fair and equitable, who shall be entitled to said accommoda- tions, all counties being given equal representation as nearly as possible. If any rooms in said dormitory remain after all such appointees are accommodated, other female students may be allowed the use thereof, each county being given equal representation as nearly as possible. All rooms shall be assigned by lot three days after the session opens. Like rules and preferences shall be observed in regard to dormitory accommodations provided for men students at said college. All rooms shall be assigned by lot three days after the session opens. SEC. 4527. The State normal school for colored persons, established by an act of the general assembly May 18, 1886, shall hereafter (i. e., after May 22, 1893) be under the control and supervision of a board of trustees, composed of the super r intendent of public instruction, who shall be exofficio chairman of the board, and three intelligent and discreet persons, residents of Franklin County, to be appointed by the governor, subject to the approval of the senate, who are hereby constituted a body corporate, with power to sue, etc., and to hold in trust all funds and prop- erty now owned by said school or which may hereafter be provided for it, and shall be known and designated as ' * The board of trustees of the Kentucky State Normal School for Colored Persons." SEC. 4528. There shall be maintained in said institution a department for the education of colored students in agriculture and the mechanic arts, and for said purpose said board shall be entitled to receive an equitable division of the moneys arising from the sale of public lands and appropriated to the State of Kentucky by an act of Congress approved August 30, 1890. SEC. 4534. The sum of $3,000 shall be annually appropriated out of the State treasury to pay the teachers and defray other necessary expenses in the mainte- nance of said normal school, which amount, together with the sum received under the provisions of said act of Congress, shall be set apart and be known and held as the colored normal school fund. This fund shall be paid out of the State treasury only on the warrant of the auditor, drawn on the order of the board. LOUISIANA. Constitution (1898) : ART. 255. The Louisiana State University and Agricultural and Mechanical College, founded upon the land grants of the United States to endow a seminary of learning and a college for the benefit of agriculture and the mechanic arts, now established and located in the city of Baton Rouge, is hereby recognized, and all revenues derived and to be derived from the seminary fund, the agricultural and. mechanical college fund, and other funds or lands donated or to be donated by the United States to the State of Louisiana for the use of a seminary of learning or of a college for the benefit of agriculture and the mechanic arts shall be appropriated exclusively to the maintenance and support of said Louisiana State University and Agricultural and Mechanical College, and the general assembly shall make such additional appropriations as may be necessary for its maintenance, support, and improvement, and for the establishment, in connection with said institution, of such additional scientific or literary depart- ments as the public necessities and the well-being of the people of Louisiana may require: Provided, That the appropriation shall not exceed $15,000 per annum f orbits maintenance and support. ART. 258. The debt due by the State to the seminary fund is hereby declared to be $136,000, being the proceeds of the sales of lands heretofore granted by the United States to this State for the use of a seminary of learning, and said amount shall be kept to the credit of said fund on the books of the auditor and treasurer of the State as a perpetual loan, and the State shall pay an annual interest of 4 per cent on said amount. ART. 259. The debt due by the State to the agricultural and mechanical college fund is hereby declared to be the sum of $182,313.03, being the proceeds of the sale of lands and land scrip heretofore granted by the United States to this State for the use of a college for the benefit of agriculture and mechanic arts, and said amount shall be kept to the credit of said fund on the books of the auditor and treasurer of the State as a perpetual loan, and the State shall pay an annual interest of 5 per cent on said amount. ART. 260. The interest due on the free-school fund, the seminary fund, and the agricultural and mechanical college fund shall be paid out of any tax that may be levied and collected for the payment of the interest on the State debt. LAWS RELATING TO LAND-GRANT COLLEGES. 83 ART. 307. The board of agriculture and immigration shall consist of one mem- ber from each Congressional district * * * [and] the governor of the State, the commissioner of agriculture and immigration, the president of the State University and Agricultural and Mechanical College, the vice-president of the board of supervisors of the State University and Agricultural and Mechanical College, and the director of the State experimental stations shall be ex officio members of this board. The members of said board shall serve without compen- sation, except actual expenses incurred in attending the meetings. [The following matter is taken from the Revised Laws of Louisiana, Compiled and Annotated by Solomon Wolff, of the New Orleans Bar. New Orleans, 1897.] SEC. 593. An act of Congress of the United States, approved July 2, 1862, and the grant of land and land scrip thereby made, is hereby accepted on the part of the State of Louisiana. SEC. 594. The said grant of land and land scrip is hereby accepted for the pur- poses and upon the conditions in said act of Congress specified, and the assent of the State of Louisiana to the several conditions and provisions in said act con- tained is hereby signified and expressed. SEC. 595. The governor of the State, together with the chief justice of the supreme court and a commissioner to be duly appointed by them, are hereby appointed commissioners to receive from the Secretary of the Interior, or other officer of the United States, the land scrip to which the State of Louisiana is or may be entitled under the act of Congress aforesaid, and to sell and dispose of the same, and upon said sale being made by said commissioners, they are authorized to appoint one person to assign said land scrip in accordance with the rules of the Department of the Interior. [The following matter is not incorporated as an integral part of the Revised Statutes proper, but as Acts of the Legislature.] Act 145, 1876, page 18, of Acts of 1878: SECTION 1 . The Louisiana State University, us now established and located at Alexandria, in the parish of Rapides, and the Louisiana State Agricultural and Mechanical College, as now established and located in the parish of St. Bernard, are hereby united and constituted into one and the same institution of learning, which shall hereafter be known and desig- nated under the name and title of the Louisiana State University and Agricultural and Mechanical College, and that said institution of learning, the Louisiana State University and Agricultural and Mechanical College, as hereby created, shall be established temporarily at Baton Rouge, in the parish of East Baton Rouge. SEC. 2. All legal rights and privileges as granted by the Congress of the United States and the legislature of Louisiana, and all the legal obligations and require- ments as imposed by Congressional and legislative enactments, and binding upon the two institutions of learning, respectively, which have been, in the preceding section of this act, united and constituted into one and the same institution of learning, shall be of full force and effect with and upon the Louisiana State Uni- versity and Agricultural and Mechanical College, as hereinbefore constituted and established, excepting such legal rights, privileges, obligations, and requirements as may be specifically repealed by the provisions of this act. SEC. 3. The Louisiana State University and Agricultural and Mechanical Col- lege, as hereinbefore created, shall have for its object to become an institution of learning, in the broadest and highest sense, where literature, science, and all the arts may be taught; where the principles of truth and honor may be established, and a noble sense of personal and patriotic and religious duty inculcated; in fine, to fit the citizens to perform justly, skillfully, and magnanimously all the offices, both private and public, of peace and war. SEC. 4. The Louisiana State University and Agricultural and Mechanical Col- lege, as hereinbefore created, shall provide general instruction and education in all the departments of literature, science, and art, and industrial and professional pursuits; and it shall provide special instruction for the purpose of agriculture, the mechanic arts, mining, military science and art, civil engineering, law, medi- cine, commerce, and navigation. SEC. 5. The Louisiana State University and Agricultural and Mechanical Col- lege as hereinbefore created, constituted, and established shall be under the direc- tion and control of fifteen supervisors, who shall be a body corporate, under the style and title of the board of supervisors of the Louisiana State University and Agricultural and Mechanical College, with the right as such to use a common seal, and who shall be capable in law to receive all donations, subscriptions, and bequests in trust for said university and agricultural and mechanical college and to recover all debts which may become the property of said university and agricultural and mechanical college, and to sue and be sued in courts of justice, and in general to 84 EDUCATION REPORT, 1901-1902. do all acts for the benefit of the Louisiana State University and Agricultural and Mechanical College which are incident to bodies corporate. SEC. 6. The governor of the State shall be a member and ex officio president of the board of supervisors, and the State superintendent of public education and the president of the faculty of the university shall also be members ex officio of said board, and the twelve remaining members shall be appointed by the governor, by and with the advice and consent of the senate: Provided, That at least six of the fifteen supervisors of the university shall have been students of the Louisiana State University or of the Louisiana State University and Agricultural and Mechanical College, and shall have taken degrees and be titled graduates of one of said institutions. At least one member of said board of supervisors shall be appointed from the parish of East Baton Rouge. Whenever a vacancy occurs in said board for any cause the same shall be filled for the unexpired term. The terms of office of the present members of the board of supervisors as now constituted under appointments heretofore made shall in no manner be abridged, terminated, or affected by the provisions of this act, but whenever a vacancy shall hereafter occur for any cause in the board of supervisors, the same shall be filled by the appointment of a titled graduate of one of said institutions until at least six titled graduates aforesaid shall be members of said board of supervisors, and said board shall be thereafter so constituted and maintained (as amended by act 75, 1896, p. 107). SEC. 7. Three of the twelve members of the board of supervisors to be appointed by the governor in accordance with the provisions of the foregoing section of this act shall be commissioned and hold their offices for one year, three for two years, three for three years, and three for four years. Their successors shall be appointed in like manner, and shall hold their offices for the full term of four years from the 1st day of January next succeeding their appointment, and until their successors are appointed and qualified. SEC. 8. The member of the board of supervisors appointed for the parish of East Baton Rouge, in which, as hereinbefore provided, the Louisiana State Uni- versity and Agricultural and Mechanical College has been temporarily established and located, shall be ex officio the vice-president of the board, to preside over the meetings of the board in the absence of the governor. Five members of the board of supervisors, including the president or vice-president, shall constitute a quorum for the transaction of business: Provided, That all the acts of said five members, at said such meeting, shall be submitted for ratification or rejection at the next meeting of the board of supervisors, when a majority of all the fourteen members of the board may be present. SEC. 9. There shall be four regular stated meetings of the board of supervisors at the university in each and every year one on the first Monday in April, another on the Monday before the close of the annual session of the university, which shall be July 4; another 011 Monday before the opening of the annual session of the university, which shall be October 5, and another on the first Monday in Decem- ber. Special meetings of the board of supervisors shall be called in such manner and held at such other times and places as the governor of the State or the board of supervisors may determine. SEC. 10. The board of supervisors shall, at their first meeting, elect a secretary, who shall record, attest, and preserve their proceedings, and a treasurer, who shall give bond for the faithful performance of his duties, and in such sum as shall be determined by the board: Provided, That the treasurer shall not be a member of the board of supervisors, nor a professor or other officer or other employee of the university: And provided further , That the treasurer shall never be interested, directly or indirectly, in any contract for furnishing supplies or articles of any kind to the university, or have any business transactions with or on account of the university that tend directly or indirectly to his own personal profits; nor shall any money ever be paid to the treasurer in his personal capacity, or on account of the university, except what may be his salary or compensation as treasurer. SEC. 11. The board of supervisors shall have power to engage a president and other professors and all other officers necessary for conducting the literary, scien- tific, military, and technical departments, and all the financial and civil concerns and interests of the university, and to remove and displace the same at pleasure; to fix and regulate the salaries of the professors and all other officers, and to determine all other changes, excepting that there shall be no fee for tuition or for the use of the library, apparatus, laboratory, cabinets, museum, workshop, experi- mental farm, or other educational appliances charged to any student or cadet; to establish rules for the good government and discipline of the students or cadets; to prescribe the duties of all officers, employees, servants, and others; to confer LAWS RELATING TO LAND-GRANT COLLEGES. 85 diplomas, upon the recommendation of the president and faculty, on students for Eroficiency in any branch of literature or science or department of learning, and i general to make all rules and regulations which may be deemed necessary for the proper government of the university, and for promoting the objects for which it has been founded. But nothing in this act shall be construed as obligating the State to pay any debt contracted by the board of supervisors in case it should at any time exceed the appropriation made for the institution, nor shall any of the property of the university ever be seized and sold to pay any debt of the institu- tion by virtue of any decree of court. The title to all property owned and held by the Louisiana State University and Agricultural and Mechanical College is hereby declared to vest in the State of Louisiana. SEC. 12. There shall be maintained in the Louisiana State University and Agri- cultural and Mechanic- al College, as hereinbefore constituted and established : (1) Schools of literature, including the languages of the principal nations of ancient and modern times, philosophy, logic, rhetoric, and elocution, history, ethics, meta- physics, and such other and special branches of learning as the board of super- visors may determine; (2) schools of science, including mathematics, astronomy, engineering, architecture, drawing, physics, chemistry, botany, zoology, agri- culture, mechanics, mining, navigation, and commerce, and such other special brunches of learning as the board of supervisors may determine; (3) schools of the useful and fine arts and of military science and art; (4) schools of medicine and law; (5) such other schools as the board of supervisors may establish. SEC. 13. The board of supervisors may affiliate with the Louisiana State Uni- versity and Agricultural and Mechanical College any incorporated university or college or school of medicine, law, or other special course of instruction, upon such terms as may be deemed expedient; and such university, college, or school may retain the control of its own property, have its own board of triistees, facul- ties, and president, respectively; and the students of such universities, colleges, or schools recommended by the respective faculties thereof may receive from the Louisiana State University and Agricultural and Mechanical College the degrees of those universities, colleges, or schools, and the said students of said institutions of It 'tilling or special schools thus graduated shall rank as graduates of the Louisiana State University and Agricultural and Mechanical College. SEC. 14. It shall be the duty of the board of supervisors immediately after its organization to prescribe, in detail, the course of studies, both theoretical and practical, to be pursued at the university and agricultural and mechanical col- 1886, and 1<> e, in its custody, in productive, unincumbered real estate in this State, subject to the power of the legislature; to control or change such iiivi'stiiu'iifrs, excepting such as by the provisions of previous sections of this act, or by the terms of their acquisition must be otherwise invested. SEC. 26. If, by the terms of any grant, gift, devise, or bequest, such as are hereinbefore described in sections 23 and 24 of this act, conditions are imposed which are impracticable under the provisions of the revised statutes of this State, such grants, gifts, devise, or bequest shall not thereby fail, but such conditions shall be rejected and the intent of the donor carried out as near as may be. Acts 1886, No. 100: SECTION 1. Each parish as now created or that may here- after be created in the State shall have the right to delegate to the Louisiana State University and Agricultural and Mechanical College one beneficiary cadet, and the city of New Orleans shall have the right to delegate to said institution 17 beneficiary cadets, or one from each ward of said city; said beneficiaries to remain at said institution four years, unless sooner graduated or otherwise dis- charged: Provided, That no beneficiary cadet shall be permitted to resign from said institution without the consent of the board of supervisors thereof, which consent shall be given only in a case of urgent necessity, such as serious and long protracted ill health, duly declared by the certificate of the surgeon of said institu- tion, or other competent physician, to be of such nature as to render it impossible for said cadet to pursue his studies with advantage. SEC. 2. The police jury of each parish and the city council of New Orleans, respectively, may, at a regular meeting, elect the number of beneficiary cadets to which said parish or city is entitled as aforesaid, of such age and qualifications as may be prescribed by the board of supervisors for admission to one of the college classes of said university and agricultural and mechanical college, and shall cause the beneficiary so selected to report in person to said institution on or before said 5th day of October: Provided, That said beneficiary cadets shall be selected from the number of those residents of said parish or of said city who have not them- selves, nor have their parents, the means of defraying the whole of their necessary expenses of maintenance and support at said institution, which facts shall be duly 88 EDUCATION EEPOET, 1901-1902. certified to the president of said institution by the president of said police jury or said city council of New Orleans as true, to the best of his knowledge and belief. SEC. 3. For the maintenance and board of said beneficiaries in said institution the sum of $10,710 is appropriated annually, for two years, out of any funds in* the treasury not otherwise appropriated. SEC. 4. For the maintenance and board of said beneficiaries in said institution the police juries of the several parishes and the city council of the city of New Orleans are authorized and empowered to appropriate out of their respective treasuries a sufficient sum to defray the necessary expenses of said cadets as appointed under the provisions of this act: Provided, That the expense of no cadet shall exceed $250 per annum: Provided further, That under no circumstances shall any part of this sum be paid by the State. SEC. 5. In order to take advantage of the right granted to each parish and to the city of New Orleans in section 1 of this act, each parish and said city shall make an appropriation of $150 per annum out of any money in its treasury for the maintenance and board in said institution of each beneficiary cadet delegated by said parish or said city, said sum to be paid to the treasurer of such institution before the admission of said cadet; and the power to make such appropriation is hereby granted to the police juries of the several parishes and to the city council of New Orleans. Acts of 1888, No. 100: Gives legislative assent to grants of money by Congress to establish "agricultural experiment stations" and ratines the resolutions adopted on April 5, 1887, by the board of supervisors of the Louisiana State University and Agricultural and Mechanical College, in connection therewith. Acts 1892, No. 17: Provides "that full and complete acceptance, ratification, and assent are hereby made " by the State to an act of Congress (July 2, 1862 ) applying a portion of the pro- ceeds of public lands to the endowment of colleges for the benefit of agriculture and the mechanic arts. SEC. 1331. The "State Seminary of Learning, "6 established near the town of Alexandria, in the parish of Rapides, shall be hereafter designated as " The Lou- isiana State Seminary of Learning and Military Academy," and shall be under the direction and control of fourteen supervisors, who shall be a body corporate under the style and title of the " Board of Supervisors of the Louisiana State Seminary of Learning and Military Academy," with the right as such to use a common seal, and who shall be capable in law to receive all donations, subscriptions, and bequests in trust for said seminary and academy, and to receive all debts which may become the property of said seminary and academy, and to sue and be sued in courts of justice, and in general to do all acts for the benefit of the seminary and academy which are incident to bodies corporate. SEC. 1332. The governor of the State shall be ex officio president of the board of supervisors, and the chief justice of the supreme court, the superintendent of pub- lic education, and [the] State engineer shall be ex pflficio members of said board. The remaining ten members thereof shall be appointed by the governor, by and with the advice and consent of the senate, for four years, and they shall continue to exercise the duties of their office until their successors are qualified, and they shall be removed by the same power and in the same manner as provided for in their appointment. The governor shall select said remaining members as fol- lows. * * * SEC. 1334. The board of supervisors shall have power to engage a superintendent and other professors and all other officers necessary for conducting the literary, financial, and civil concerns and interests of the said seminary and academy, and to remove the same at pleasure; to fix and regulate the salaries of the professors and all other officers, tuition fees, and all other charges; to establish rules for the good government and discipline of the students; to prescribe the duties of all officers, servants, and others; to confer diplomas, upon the recommendation of the superintendent and faculty, on students for proficiency in any branch of science or department of learning, and in general to make all rules and regula- tions which may be deemed necessary for the proper government of the said seminary and academy and for promoting the objects for which it was founded, but nothing in this act shall be construed as obligating the State to pay any debts contracted by the board of supervisors in case they should at any time exceed the appropriation made for the support of said seminary and academy. SEC. 1335. In the course of study pursued at the said seminary and academy the board of supervisors shall cause instruction to be given in the military branches of science, the students shall be styled " cadets," and shall compose a military corps < August 30, 1890. b Subsequently known, by an act of 1870. as the Louisiana State University. Gen. W. T. Sher- man was its first superintendent. LAWS RELATING TO LAND-GRANT COLLEGES. 89 under the command of the superintendent and snch other professors as may be assigned to that branch of instruction. They shall constitute a gnard to all pub- lic property, arms, or munitions now there or which may be hereafter assembled there, and the superintendent shall receipt for all such property, arms, or muni- tions, and obey all orders relative to their preservation or delivery he may receive from the governor of the State. SEC. 1336. The governor of the State shall cause to be issued to the superintend- ent a commission as colonel, and to such other professors as may be assigned to command commissions as majors, captains, or lieutenants, according to the strength of the command; that such commissions shall not entitle the holders to any rank in the militia of the State or to any claims whatever to compensation other than what is attached to their positions as professors. SEC. 1340. The board of supervisors shall at their first meeting elect a secretary, who shall record, attest, and preserve their proceedings, and a treasurer, who shall give bond for the faithful performance of his duties, and in such sum as shall be determined by the board. SEC. 1341. It shall be the duty of the board of supervisors, immediately after their organization, to prescribe the course of studies to be pursued at the semi- nary, the number of professors, and to draw up a project of the system so adopted. SEC. 1342. The board of supervisors shall at all times conform to such laws as the legislature may from time to time enact for their government, and the said seminary shall in all things and at all times be subject to the control of the leg- islature; and the said board of supervisors shall make an annual report to the legislature during the first week of the session, embracing a full account of the disbursements and a general statement of the condition of said seminary. SEC. 1343. No gambling house or drinking saloon or store for the barter or sale of any kind of merchandise whatsoever shall be established within 2 miles of said institution. . 1344. It shall be the duty of the board of supervisors of the Louisiana State Seminary of Learning and Military Academy to require the professor of engineer- ing and the professors of chemistry, mineralogy, and geology to spend not less than four months of every year in making jointly a topographical and geological survey of the State of Louisiana till the whole work is completed to the satisfac- tion of the legislature. SEC. 1345. It shall be the duty of said professor of engineering and chemistry to make, on the 31st day of December of each year, detailed reports, with the nec- essary maps and diagrams of their survey, to the superintendent of said institu- tion, and it shall be the duty of said superintendent to forward said reports with his own annual report to the board of supervisors for transmittal to the legisla- ture in the annual report of said board. SEC. 1346. It shall be the duty of the superintendent of said institution to con- sider the topographical and geological survey of the State as herein provided for as a part of the regular duties of said institution and to superintend the same accordingly. SEC. 1347. Said professors of engineering and chemistry * * * be allowed each the sum of $500 for necessary traveling expenses while in the performance of said duties, to be paid to the treasurer of said institution on the warrant of the presi- dent or vice-president of said board of supervisors. Acts 1880, No. 87. SECTION 1. There shall be established in the city of New Orleans a university for the education of persons of color, to be named and entitled the " Southern University." SEC. 2. The said university shall be governed and directed by a board of trustees, to be composed of twelve members, who shall be appointed by the governor by and with the advice and consent o the senate: Provided, That at least four of said board of twelve shall be appointed from the colored race; vacancies shall be filled in a similar manner. The members of the board shall be appointed to serve dur- ing four years, but any member failing to attend two successive regular meetings of the board shall, except in case of sickness or other good cause, be considered no longer a member of said board, and the governor, on receiving official notice of such absence from the president of the board, whose duty it shall be to report the same, shall immediately fill the vacancy in the manner prescribed. SEC. 3. Six members of said board, at a stated or regularly called session, shall constitute a quorum. The constitution (art. 256) recognizes the Louisiana State Normal School * * * and the Southern University, now established in the city of New Orleans for the education of persons of color; and in the case of the Southern University no annual appropriation for maintenance and support shall exceed $10,000. 90 EDUCATION REPORT, 1901-1902. SEC. 4. Said board of trustees shall be empowered to elect from among their own members a president and vice-president of the board, a secretary, and treasurer; the treasurer shall give bond in the sum of $10,000 for the faithful performance of his duties, and shall pay out money only upon warrants issued by the president of the board, countersigned by the president of the faculty: Provided, That the treasurer shall not be a professor or other officer or employee of the university, and shall not be interested, directly or indirectly, in any contract for furnishing supplies or articles of any kind to the university: Provided further, That at the discretion of the board the two offices of secretary and treasurer may be combined in one person. SEC. 5. Said board of trustees shall be empowered to enact general rules and by-laws for the said university in all its departments, and to elect a president of the faculty, professors, and teachers, and determine their compensation; also, all officers and employees that may be necessary, and prescribe their duties and compensation. SEC. 6. Said university shall be organized as a corporation under the general laws of the State of Louisiana, and the trustees thereof shall be capable in law to receive all donations, trusts, and bequests made to the "Southern University," and manage the same, to sue and be sued in courts of justice, and to do all other acts in the premises incident to such trustees. SEC. 7. There shall be established by said board of trustees a faculty of arts and letters, which shall be competent to instruct in every branch of a liberal educa- tion, and under rules of and in concurrence with the board of trustees, to graduate students and grant all degrees appertaining to letters and arts known to universities and colleges in Europe and America on persons competent and deserv- ing the same. There may also be established by said board of trustees a depart- ment of law and medicine. The department of law shall consist of three or more learned professors, learned and skilled in the practice of law in this State, who shall be required to give a full course of lectures on international, constitutional, commercial, and municipal or civil law, and instruction in the practice thereof. The medical department of the university shall consist of not less than three professors. They shall be appointed by the board of trustees from regular prac- ticing physicians of the State. The degree of bachelor of law and doctor of med- icine, granted by them, shall authorize the person on whom it is conferred to practice law and physic and surgery in this State (as amended by act 90, 1888). CHAPTER II. GENERAL LAWS RELATING TO AGRICULTURAL AND MECHANICAL LAND GRANT COLLEGES. [This compilation forms a continuation of that which appeared in the Commissioner's Report of 1902 (Chap. I, pp. 1-90), and which included the acts of Congress relating to the land grant colleges and the laws of Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Dela- ware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, and Louisiana.] MAINE. Constitution (1820): ART. VIII. A general diffusion of the advantages of educa- tion being essential to the preservation of the rights and liberties of the people, to promote this important object, the legislature is authorized, and it shall be their duty to require the several towns to make suitable provision, at their own* expense, for the support and maintenance of public schools; and it shall further be their duty to encourage and suitably endow, from time to time as the circum- stances of the people may authorize, all academies, colleges, and seminaries of learning within the State: Provided, That no donation, grant, or endowment shalj at any time be made by the legislature to any literary institution now established r or which may hereafter be established, unless at the time of making such endow- ment the legislature of the State shall have the right to grant any further powers to alter, limit, or restrain any of the powers vested in any such literary institution* as shall be judged necessary to promote the best interests thereof. [The matter which follows is taken from the Revised Statutes of the State of Maine, passed 5 AutfuM .*.. lxs:>. .-ind a Supplement to the Revised Statutes of the State of Maine, for the years 1885-1895, inclusive, by Ettas Dudley Freeman, esq. Portland, 1895.] Chapter 11: SEC. 123. Presidents of colleges are removable at the pleasure of the trustees and overseers, whose concurrence is necessary for their election. SEC. 124. No officer of a college shall receive as perquisites any fees for a diploma or medical degree conferred by such college, but such fees shall be paid into the college treasury. SEC. 125. If an innholder. confectioner, or keeper of a shop, boarding house, or livery stable gives credit for food, drink, or horse or carriage hire to any pupil of a college or literary institution in violation of its rules or without the consent of its president or other officer authorized thereto by its government, he forfeits a sum equal to the amount so credited, whether it has been paid or not, to be recov- ered in an action of debt by the treasurer of such institution: half to its use and half to the town where it is located; and no person shall be licensed by the munic- ipal officers for any of said employments if it appears that within the preceding year he had given credit contrary to the provisions hereof. Chapter 58: SECTION 1. The Maine board of agriculture for the improvement of agriculture and the advancement of the general interests of husbandry consists of the president and the professor of agriculture of the State College of Agriculture and the Mechanic Arts, together with one person from each county elected by ballot by any county agricultural or horticultural society at its annual or other meeting called for the purpose, and they hold their offices for three years from the third Wednesday of January thereafter. SEC. 4. The board, by its secretary and one of its members, shall hold annually two farmers' institutes in each county and as many more as it deems expedient or finds practicable with the means at its disposal for the public discussion of topics relating to husbandry and the best methods of building and maintaining public ways, either independently or in connection with any organization devoted to the same general object, and it may issue bulletins, employ experts, lecturers, a 39 40 EDUCATION REPOKT, 1903. reporter, or other aids to enhance the usefulness of said institutes to the public, and shall so far as practicable aid and encourage agricultural societies and asso- ciations in their efforts. SEC. 5. It shall also be the duty of the board with such experts, lecturers, and assistants as it may employ, by means of maps, charts, cuts, drawings, printed or written articles, lectures, or otherwise, to disseminate knowledge throughout the State concerning the best known methods for the building and maintaining of high- ways, including bridges and sidewalks in the cities and towns of the State, and particularly to impart such information, in manner as aforesaid, to the county commissioners of counties, the street commissioners of cities, the selectmen of towns, and other municipal officers whose duty it may be to have the care and management of the expenditures of money and the building and keeping in repair of the highways of the State. The members shall receive no compensation for time and services, but shall be reimbursed for expenses incurred in the discharge of their duties $3 a day for subsistence and 6 cents a mile for travel. The whole expenses under this section shall not exceed $3,500 annually. (As amended by chapter 266 in the acts of 1897.) Chapter 6. [Property exempted from taxation]: All property which by the articles of separation is exempt from taxation, the personal property of all benevo- lent and charitable institutions incorporated by the State, the real estate of all literary and scientific institutions occupied by them for their own purposes or by any officer thereof as a residence, * * * and any college in this State author- ized under its charter to confer the degree of bachelor of arts or bachelor of science and having real estate liable to taxation shall, on the payment of such tax and Sroof of the same to the satisfaction of the governor and council, be reimbursed rom the State treasury to the amount of the tax so paid: Provided, however, The aggregate amount so reimbursed to any college in any one year shall not exceed $1,500: And provided further, That this claim for such reimbursement shall not apply to real estate hereafter bought by any such college. Acts and Resolves, 1863, chapter 275, Resolves: Full assent is hereby given to the provisions and conditions of the act passed at the second session of the Thirty- seventh Congress and approved July 2, 1862, and the same is hereby accepted, and the governor is hereby authorized and directed to notify the President of the United States of said acceptance by the State of Maine and to receive from the Secretary of the Interior the scrip for Maine's proportion of 210,000 acres of land donated by said act and to hold the same subject to the order of the legislature. (Approved March 25, 1863.) Ibid., 1864, chapter 342, Resolves: Whereas, information has been received from Governor Corey of the reception of the land scrip issued for the benefit of the agri- cultural college under the law of Congress approved July 2 , 1862 ; and whereas a sug- gestion of concert of action between the States with regard to the sale of the same has been made by Governor Andrew of Massachusetts, which commends itself as a wise and prudent measure, therefore resolved that the governor of this State is hereby authorized and empowered to act in concert with the governors of the other States in selling the land scrip issued to this State for the benefit of an agricultural college. He may unite with them in the employment of such sailing agents in the cities of New York, Philadelphia, or Boston as he may deem expedient and fix the price per acre at which said scrip shall be sold at such sum as may be mutually agreed upon, and such agents so employed shall receive a compensation not exceed- ing one-half of 1 per cent on sales. All moneys received for the sale of said scrip shall ybe paid to the State treasurer and be by him invested in the 6 per cent stocks of this State and such stock, with the interest accruing thereon, shall be inviolably held for the sole benefit of said agricultural college. (Approved March 24, 1864.) Ibid. , chapter 362, Resolves: Resolved, That the governor and council be author- ized to appoint three commissioners whose duty it shall be to memorialize Congress for an extension of the term during which the college for the benefit of agriculture and the mechanic arts may be provided. Said commissioners are also hereby author- ized and directed to invite and receive donations and benefactions in aid of said col- lege, and also proposals for the location thereof, to visit and examine all such pro- posed locations when so directed by the governor and council, to consider the respective advantages of all such locations, to entertain all propositions which may be made for this purpose, to confer with other States engaged in the same enterprise, and to learn what they can of the history, present working, and pros- pect of usefulness of similar institutions, and to gather all such other information regarding the establishment of such an institution as they may be able to do, and report thereon to the next legislature. (Approved March 25, 1864.) Acts and Resolves, 1865, Private and Special Acts: SECTION 1. Samuel F. Perley, etc. (fifteen other persons), are hereby constituted a body politic and corporate, by LAWS RELATING TO LAND-GRANT COLLEGES. 41 the name of the trustees of the State College of Agriculture and Mechanic Arts, having succession as hereinafter provided, with power to establish and maintain, subject to the provisions and limitations of this act, such a college as is authorized and provided for, by the act of the Congress of the United States, passed on the 2d day of July, in the year 1862. They shall be entitled to receive from the State the income which shall accrue from the funds granted to the State by the act aforesaid, and shall apply the same, together with all such income as they shall receive from any other sources to the maintenance of the college in conformity with the act of Congress. SKC. 2. The trustees shall annually elect one of their number to be president of the board. They shall appoint a clerk and treasurer, both of whom shall be sworn , and shall hold their offices at the pleasure of the trustees. The clerk shall record all proceedings of the board, and copies of their records certified by him shall be evidence in all cases in which the originals might be used. The treasurer shall be required to give suitable bond, and to renew the same whenever the trustees shall require. SEC. 5$. The governor and council shall at all times have the power, by them- selves, or such committee as they shall appoint, to examine into the affairs of the college, and the doings of the trustees, and to inspect all their records and accounts, and the buildings and premises occupied by the college. Whenever the governor and council shall have reason to believe that the trustees are exercising or attempting to exercise any unlawful powers, or unlawfully omitting, to per- form any legal duty, they may direct the attorney-general to institute process against the trustees in their corporate capacity, in the nature of a complaint in equity before the supreme judicial court in the county in which the college may be established, and the court after notice, shall hear and determine the same, by summary proceeding in term time, or by any judge in vacation, and may make any suitable decree peetrafaing the trustees from performing or continuing the unlawful acts complained of, or requiring them to perform whatever is unlaw- fully omitted, and may enforce such decrees. In like manner a complaint may be instituted against any individual trustee, and be heard in the county where he resides, alleging against him any cause deemed by the governor and council suffi- cient to disqualify him for the trust; and if in the judgment of the court such allegation shall be sustained, a decree shall be made removing such trustee from office, and his place shall be thereby vacated. Si.( . 4. X<> person shall be a trustee who is not an inhabitant of this State, nor anyone who has readied the age of 70 years. The clerk of the trustees shall give notice of all vacancies to the governor and council; vacancies occurring in any of the foregoing modes, or by the resignation or decease of any trustee, shall be filled in the following manner: The first vacancy that shall occur shall be filled by the legislature at the next session thereafter by joint ballot of the two branches; the second vacancy shall be filled by the trustees at their next meeting; and all suc- ceeding vacancies shall be filled in like manner, alternately by the legislature and the trustees. SEC. 5. The trust ei-s in their corporate capacity may take and hold in addition to the income which they shall receive through the State from the endowment made by Congress, such other real and personal property as may be granted or devised to them for the purpose of promoting the objects of this act. But they shall not be entitled to receive any benefactions made to them upon conditions inconsistent with the act of Congress aforesaid or for purposes different from what is therein prescribed. SEC. 6. The governor and council shall take measures, as soon as may be advan- tageously done after the passage of this act, to sell the land scrip received by this State under the act of Congress, and to invest the same as required by the fourth section of said act. The securities shall be kept by the State treasurer, and he shall report annually to the legislature the amount and condition of the invest- ments, and of the income of the same. He shall from time to time, as the income shall accrue, pay over the same to the treasurer of the college. SEC. 7. It shall be the duty of the trustees, as soon as may be after their organ- ization, to procure a tract of land suitable as a site for the establishment of the college. If no other provision shall be made therefor, there shall be placed at the disposal of the trustees for this purpose, such proportion as the governor and council may deem suitable of that part of the fund which is authorized by the fifth section of the act of Congress to be expended for the purchase of lands for sites or experimental farms. SEC. 8. The trustees shall appoint such directors, professors, lecturers, and teachers in the college, and employ such other persons therein from time to time as the means at their command may permit for the accomplishment of the objects 42 EDUCATION EEPORT, 1903. enumerated and described in the fourth section of the act of Congress. Every officer and every person employed shall hold his office or employment at the pleasure of the trustees. They shall, as soon as may be, arrange and make known the several courses of instruction which they will undertake at the outset of the college, and shall enlarge and improve the same whenever practicable, subject to the limitations prescribed by Congress. They shall also establish the qualifications for admission and modify the same as circumstances may require. But no stu- dent shall be admitted into or continued in the college, nor shall any person be employed in any office or service, who is not of good moral character and pure life. SEC. 9. In addition to the instruction which is to be giv^en by classes, text- books, lectures, and apparatus, in such branches of learning as are related to agriculture and the mechanic arts, the trustees shall provide, as fully as may be, for practical experiments and demonstrations of scientific principles and rules. They shall encourage, and for due proportions of time, at different seasons of the year, and with reference to other exercises, require all the students to engage in actual labor upon the lands and in the workshops with which the college may be furnished, and shall provide suitable oversight and direction in such labor, so that they may become habituated to skillful and productive industry. SEC. 10. Military tactics shall be taught during some suitable part of each year to all the students, and they shall be required to form and maintain such habits of obedience and subordination as may be useful to them if called into military serv- ice. The adjutant-general shall be authorized to furnish to the college for mili- tary drill such arms and equipments, not needed by the State for other service, as may suffice for the number of students. He shall also furnish to the college a United States flag. SEC. 11. Such other studies are to be taught within the limitations of the act of Congress as the facilities of the college and the periods of instruction will permit. SEC. 12. Students who satisfactorily complete any one or more of the prescribed courses of study may receive public testimonials thereof, under the direction of the trustees, stating their proficiency. SEC. 13. No charge shall be made for tuition to any student who is an inhab- itant of this State, and the trustees and all persons employed by them shall con- stantly endeavor, by the adoption of judicious and effective arrangements in all the labor departments of the college, to reduce the cost of subsistence to the stu- dents and to render the institution as far as possible self-sustaining. SEC. 14. It shall be the duty of the trustees, directors, and teachers of the col- lege to impress on the minds of the students the principles of morality and justice and a sacred regard to truth; love to their country, humanity, and universal benevolence; sobriety, industry, and frugality; chastity, moderation, and tem- perance, and all other virtues which are the ornaments of human society; and among other means to promote these ends and to secure the best personal improve- ment of the students the trustees shall provide, as fully as may be practicable, that the internal organization of the college shall be on the plan of one or more well-regulated households and families, so that the students may be brought into relations of domestic intimacy and confidence with their teachers. SEC. 15. If at any time the number of students applying for admission shall be greater than the means of the trustees will enable them to receive, they shall make regulations for the number to be admitted, having reference to the proportions of population in the several senatorial districts of the State, and equalize the admis- sions according to such proportions as nearly as may be. SEC. 16. The trustees shall hold a regular session at the college at least once in each year; and may provide for periodical visitations by committees. No trustee shall receive any compensation except actual traveling expenses, to be paid from the treasury of the college. SEC. 17. The treasurer of the college shall make, as often as once in six months, a detailed report of all receipts and expenditures, and the trustees shall cause the same to be verified by full inspection and settlement of all his accounts, and shall transmit a copy of the same, as verified by them, to the governor and council. The trustees shall also cause to be made, annually, such report as is required by the fifth section of the act of Congress, and communicate the same as therein provided. SEC. 18. The legislature shall have the right to grant any further powers, to alter, limit, or restrain any of the powers vested in the trustees of the college established by this act, as shall be judged necessary to promote the best interests thereof. (Approved February 25, 1865.; Acts and Resolves, 1866, Private and Special Laws, chapter 59: The inhabitants of Orono are hereby authorized to raise money by taxation or loan, not exceeding $11,000, for the purchase of the White farm and the Goddard or Frost farm, LAWS RELATING TO LAND-GRANT COLLEGES. 43 so-called, in said Orono, and convey the same, or cause them to be conveyed, to the trustees of the Maine State College of Agriciilture and Mechanic Arts: Pro- vided, that the inhabitants of said Orono, at a legal meeting within thirty days from the approval of this act, by a vote of two-thirds of their legal voters present and voting, shall agree thereto. (Approved February 9, 1866.) Ibid., chapter 66: The inhabitants of Oldtown are hereby authorized to raise money by taxation or loan, to aid in the purchase of land in Orono, for the use of the State College of Agriculture and Mechanic Arts, and to convey the same, or cause it to be conveyed, to the trustees of said college: Provided, that the inhabi- tants of said Oldtown, at a legal meeting within thirty days from the approval of this act, by a vote of two-thirds of their legal voters present and voting, shall agree thereto. (Approved February 10, 1866.) Acts and Resolves, 1867, Private and Special Laws, chapter 362: SECTION 1. No vacancy occurring in the board of trustees of the State College of Agriculture and the Mechanic Arts shall hereafter be filled until the number of said trustees shall be less than seven; and thereafterwards the number of said trustees shall be seven and no more. SEC. 2. The appointment of the new board of trustees shall be made by the gover- nor, with the advice and consent of the council. As soon as may be, after the new- board of trustees shall have been appointed, they shall delegate by lot one of their number to hold office one year, one two years, one three years, one four years, one five years, one six years, "and one seven years, so that the office of one trustee shall become vacant every year. And thereafter the term of office of every trustee shall be seven years; but any vacancy occurring by reason of death, resignation, or otherwise, before the expiration of the term of office, shall be filled for the remainder of the term. SEC. 3. All vacancies occurring in the Aboard of trustees shall be filled by the governor and council, on the nomination of the trustees. In case the nomination by the trustees shall not be confirmed by the governor and council, said trustees shall make another nomination, and so on till the nomination shall be confirmed. (Approved February 25, 1867.) Acts and Resolves, 1868, Resolves, chapter 274: That the sum of $10,000 is hereby appropriated, out of any money in the treasury of the State not otherwise appro- priated, for the erection and completion of the necessary college buildings and the purchase of apparatus and furniture and other necessary expenditures for the use of the State College of Agriculture and the Mechanic Arts; to be expended under the direction of the trustees of said college. {Approved March 7, 1868. ) Ibid., 1869, Resolves, chapter 89: That the sum of $28.000 is hereby appropriated in aid of the State College of Agriculture and the Mechanic Arts, provided that the inhabitants of the town of Orono shall make to said College of Agriculture and the Mechanic Arts an absolute conveyance of the same premises heretofore conveyed, subject only to the condition that in case the location of said college shall be changed from Orono, or be abandoned, or cease to be used for the purposes con- templated by the act establishing said college, then, in such an event, the State shall refund to the inhabitants of Orono the sum originally paid for such lands, viz, $11,000. (Approved March 12, 1869.) Ifrid., 1870, Resolves, chapter 179: That the sum of $22,000 is hereby appropria- ated in aid of the College of Agriculture and Mechanic Arts, and the sum of $28,000 appropriated by resolve of March 12, 1869, not drawn or made use of by the col- lege, is hereby reappropriated, and that chapter 89 of the resolves of 1869 is hereby repealed, provided that before either of said sums is paid out of the treasury there shall be vested in the State a perfect title to the premises heretofore conveyed by the town of Orono for the purposes of said college, the only condition of said conveyance being that if, at any time, the said land shall cease to be used for the purposes of said college, then the State shall pay to said town of Orono the sum of money heretofore expended by that town in the purchase of said premises, viz. $11,000. Ibid., 1871, Resolves, chapter 251: Appropriates $6,000 for completion of college buildings and purchase of apparatus and furniture. Ibid., 1872, Resolves, chapter 56: Appropriates $18, 000 to reimburse trustees " for money advanced by them " to the extent of $13,000 and $5,000 for building "a suit- able house ' ' for the president. Ibid., 1872-74, Public Laws, chapter 194: All vacancies occurring in the board of trustees of the State College of Agriculture and the Mechanic Arts shall be filled by the governor with the advice and consent of the council. (Approved February 25, 1874.) Ibid., Private and Special Laws, chapter 147: females who possess the suitable qualifications for admission to the several classes may be admitted as students in 44 EDUCATION REPOET, 1903. the college; subject to the requirements of labor and study, which may be deter- mined by the faculty of instruction and by the trustees of the college. (Approved February 23, 1872.) Ibid., 1876, Resolves, chapter 172: Appropriates $8,000 for instruction and con- tingent expenses. Ibid., 1877, Resolves, chapter 258: Appropriates $15,218 for various current pur- poses. Ibid., 1878, Resolves, chapter 57: That the governor and council are hereby requested to indicate, in any way they may think proper, their readiness to receive proposals from denominations, associations, or organizations, to take from the State, the State College of Agriculture and the Mechanic Arts at Orono, and agree to sustain it, according to its original plan, as to protect the rights of all parties, and report to the next legislature. (Approved February 19, 1878.) Ibid., 1878, Resolves, chapter 80: Appropriates $6.500 for current expenses. Ibid., 1879, Private and Special Laws, chapter 173: Section 13 of chapter 532 of the private and special laws of 1865 is hereby amended so as to read as follows: SEC. 13. A reasonable charge shall be made for tuition, the amount of which shall be determined from time to time by the trustees, and all persons employed by them shall constantly endeavor by the adoption of judicious and effective arrangements in all the labor departments of the college, to reduce the cost of subsistence to the students, and to render the institution, as far as possible, self-sustaining. (Ap- proved February 27, 1879.) Ibid., 1880, Resolves, chapter 197: Appropriates $3,000. Ibid., 1881, Resolves, chapter 13: Whereas, the State of Maine holds in trust for the benefit of the State College of Agriculture and the Mechanic Arts, a registered bond of the State of Maine^ numbered 251, for the sum of $30,000, which became due August 15, in the year of our Lord 1868, and the State of Maine, by a resolve approved March 24, in the year of our Lord 1864, directed the treasurer of State to invest all money received from the sale of land scrip donated to^aid college by the United States in the 6 per cent stock of this State, to be inviolably held for the benefit of said college, and this sum of $30,000 being a portion of said investment; therefore be it resolved, that the treasurer of State be authorized and directed to issue a new registered bond in favor of said college for the sum of $30,000, bearing interest at the rate of 6 per centum per annum, payable semiannually, to bear date of August 15, 1888, and payable nine years from date; the same being in lieu of bond number 251, for a like sum due August 15, 1888; said bond to be signed by the treasurer, countersigned by the governor, and attested by the secretary of state. (Approved February 24, 1881.) Ibid., 1881, chapter 60: $3,500 is appropriated for the two years, 1881 and 1882. Ibid., 1883, Public Laws, chapter 196: SECTION 1. One additional member shall be added to the present board of trustees of the State College of Agriculture and the Mechanic Arts, who shall be a graduate of said college, and not less than 25 years of age, and a resident of this State, and shall hold his office for a term of three years, so that said board of trustees shall hereafter consist of 9 members, including the secretary of the Maine board of agriculture. SEC. 2. The governor, with the advice and consent of the council, shall appoint such member of said board of trustees to fill such vacancy, upon nomination of the alumni association of said college, made at any regular meeting of said asso- ciation held for that purpose and made known to the governor and council by the secretary of said association, under seal. SEC. 3. Said alumni association shall make such appointment, and the secretary shall make the appointment known to the governor and council within six months after any vacancy may occur in such position, or after the approval of this bill by the governor; and in case such appointment shall not be made by said association within said six months, or said appointment shall not be made known to the gov- ernor and council within said six months, as hereinbefore provided, then the gov- ernor and council shall appoint some person who is a graduate of said college, subject to the provisions of section 1, to fill said vacancy. (Approved March 10, 1883.) Ibid., 1885, Resolves, chapter 196: Appropriates $12,400 to be expended during the year. Ibid., 1887, Public Laws, chapter 119: SECTION 1. For the purpose of carrying into effect the provisions of an act of Congress of the United States approved March 2, 1887, to establish agricultural experiment stations in connection with the colleges established in the several States under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto, the State hereby assents to the purposes of said grants and accepts the grants of money authorized and appro- priated by said first-named act, approved March 2, 1887, and assigns the same to LAWS RELATING TO LAND-GRANT COLLEGES. 45 the Maine State College of Agriculture and the Mechanic Arts, and there is hereby established at said college in connection therewith, and under its direction, a department to be known and designated as the Maine Agricultural Experiment Station. SEC. 2. The act of the legislature of this State, approved March 3, 1885, estab- lishing the Maine Fertilizer Control and Agricultural Experiment Station, is hereby repealed, this repeal to take effect October 1, 1887. SEC. 3. All apparatus, chemicals, and other property belonging to said station, and the unexpended balance of money in the State treasury appropriated by the State to said station for the year 1887, shall, on October 1, 1887, be transferred and paid to and become the property of the Maine State College of Agriculture and the Mechanic Arts, and the treasurer thereof shall receipt for the property so transferred by the board of managers of said experiment station and the unex- pended balance so paid over by the treasurer of State. (Approved March 16, 1887.) Ibid., 1887, Resolves, chapter 54: Appropriates $34.600 for two years, $25,000 to be for the erection of a building for the departments of natural history and agri- culture, and the remaining part for current purposes. Acts and Resolves, 1887, chapter 105: That the treasurer of State be authorized and directed to receive from the Maine State College of Agriculture and the Mechanic Arts, situated in Orono, in the county of Penobscot, in trust, the sum of $100,000, bequeathed to said college by Hon. Abner Coburn; and said treasurer shall apply the same in payment of the debt of the State of Maine, and shall issue to said college an unnegotiable registered bond for the sum of $100,000, bear- ing interest at the rate of 4 per cent per annum, payable semiannually on the first days of January and July in each year, at the treasurer's office. Said bond shall be payable in thirty years from the first day of July, in 1887, and shall be signed by the treasurer, countersigned by the governor, attested by the secretary of state, and the State treasurer and his successors in office shall pay to the treas- urer of said college the interest on said bond from the time he receives said sum until the maturity of the bond. (Approved March 16, 1887.) Acts and Resolves, 1891, Resolves, chapter 43: Appropriates $24,500 for 1891 and 1892. Acts and Resolves, 1893, Resolves, chapter 178: Appropriates $12,000 for 1893 and 1894. Acts and Resolves, 1897, Resolves, chapter 215: That in order to defray the cur- rent expenses of the State College of Agriculture and the Mechanic Arts, there be appropriated to the trustees of said college, for the year 1897, and for each year thereafter for the term of ten years, the sum of $20,000. Resolved that the said trustees are hereby directed to charge all students a reasonable tuition, but they may abate said tuition to such worthy pupils, resident in the State, as may be financially unable to pay the same. (Approved March 20, 1897.) Acts of lsy7, chapter 551 : SF.( TIOX 1 . The name of the corporation known as the trustees of the State College of Agriculture and the Mechanic Arts is hereby changed to the University of Maine, and the said University of Maine shall have all the rights, powers, privileges, property, duties, and responsibilities which belong or have belonged to the said trustees. SEC. 2. This act shall take effect on some day in June, 1897, to be fixed by said trustees. (Approved March 26, 1897.) Ibid., chapter 547: SKCTION 1. Graduates of the State college shall enjoy before State boards and in the practice of any profession or the pursuit of any calling for which they may be prepared, rights, privileges, and exemptions equal to those granted to the graduates of any other institutions within or without the State. (Approved March 26, 1897.) Ibid., chapter 550: The trustees of the Maine State College of Agriculture and Mechanic Arts shall receive $2 a day for their regular visits at said institution and the same sum for every 20 miles travel. (Approved March 26, 1897.) MARYLAND. Declaration of Rights, article 43s That the legislature ought to encourage the diffusion of knowledge and virtue, the extension of a judicious system of general education, the promotion of literature, the arts, sciences, agriculture, commerce, and manufactures, and the general melioration of the condition of the people. Laws, 1856, chapter 97 [amended by laws of 1866, chapter 53] : Whereas it hath been represented to the legislature that certain wise and virtuous citizens are desirous of instituting and establishing in some convenient locality within this 46 EDUCATION KEPOKT, 1903. State an agricultural college and model farm, in which the youthful student may especially be instructed in those arts and sciences indispensable to success! ul agri- cultural pursuits; and whereas it doth appear to this legislature that while the wise and learned in the present age have cultivated with laudable industry and applied with admirable success the arts and sciences to other pursuits, the most necessary, useful, and honorable pursuits of agriculturists have so far been most lamentably neglected; and whereas it is the province and duty of the legislature to encourage and aid the philanthropic and patriotic citizens in their efforts to disseminate useful knowledge by establishing an agricultural college and model farm, which shall in addition to the usual course of scholastic learning particu- larly indoctrinate the youth of Maryland theoretically and practically in those arts and sciences, which with good manners and morals shall enable them to sub- due the earth and elevate the State to the lofty position its advantages in soil, cli- mate, etc., and the moral and mental capacities of its citizens entitle it to attain; therefore, SECTION 1. James T. Earle and [eight others are named] are appointed commis- sioners, by whom or under whose direction subscriptions may be solicited and obtained to the stock of the Maryland Agricultural College, and they are hereby authorized to take, hold, and dispose of, as hereinafter provided for, voluntary subscriptions to the amount not exceeding $500,000, in shares of $25 each. SEC. 2. As soon as at least 2,000 shares of stock aforesaid, in manner aforesaid, be subscribed for, the subscribers aforesaid, their successors and assigns, shall be and are hereby made and declared to be incorporated into a company by the name and style of the " Maryland Agricultural College," and by that name be capable in law of suing and being sued, etc., to use a corporate seal, and to do and cause to be done all things necessary for the attainment of the object aforesaid. SEC. 3. [As soon as the provisions of section 2 have been complied with and one h alf of subscription paid in cash and the other secured a meeting of the stock- holders must be called, which assemblage must elect 22 trustees, one from each county and one from the city of Baltimore, any five of whom shall constitute a quorum capable of transacting business.] SEC. 4. [The first board of trustees were to hold office five years, but subse- quently elected trustees were to serve for two years.] (Repealed by law of 1868, chap. 97, q. v.) SEC. 5. [Board had full power to appoint professors and teachers in the college, prescribe their duties, salaries, and fix and determine the duties, wages, cost, and charge of all other officers and servants, tuition and board of students, course of study, vacations, examinations, exhibitions, and control and manage all persons and things in and belonging to the college and conducive to the successful operation of the college and model farm.] SEC. 6. [Board shall cause to be made annually on the model farm " a series of experiments upon the cultivation of cereal and other plants adapted to the latitude and climate of Maryland and cause to be carefully noticed upon the records of said institution the character of said experiments, the kind of soil upon which they were undertaken, the system of cultivation adopted, the state of the atmos- phere and other particulars which may be necessary to a fair and complete under- standing of the results of said experiments, and they shall also require the instruc- tor of chemistry, as far as may be consistent with his other duties in said institution, to carefully analyze all specimens of soil that may be submitted to him by any citizen of this State, free of charge, and specially furnish the applicant with an accurate statement of the result." ] SEC. 7. [The trustees have care, control, and management of all the real and personal property and money of the said company, and shall appoint a register and cause to be registered in a book to be kept for that purpose all the acts, etc., of the trustees. They meet four times or more a year at the college and shall make a report to the legislature.] SEC. 8. [Declares that when the forementioned provisions have been complied with and not fewer than 50 acres for the model farm have been purchased and the college and farm buildings erected, "the said stockholders under the name and style of the Maryland Agricultural College shall be entitled from the treas- ury of the State of Maryland to the annual sum of $6.000, which said annual sum of $6,000 is hereby appropriated out of any unappropriated money in the treasury as an annual endowment of the said Maryland Agricultural College, and shall by the board of trustees hereinbefore mentioned be applied to the payment of salaries of professors and such other purposes as shall promote the welfare and success of the said agricultural college, and upon notice being given in writing by the said Maryland Agricultural Collegs, that the subscriptions aforesaid have been bona fide n:a,ae and a board of trustees duly appointed, and the lands for said model LAWS RELATING TO LAND-GRANT COLLEGES. 47 farm have been purchased and the necessary buildings erected thereon, to the comptroller of the treasury, he shall forthwith, if at any time before the 1st day of February, 1858, said report is made, issue his warrant to the treasurer, and the treasurer shall pay to the said board of trustees or their order then, and annually thereafter, the said sum of $6.000 above appropriated.'' ] SEC. 9. [Forbids stockholders and trustees to issue any promissory obligation or " use or attempt to use any banking privileges whatsoever." ] SEC. 10. [Repeals charter if provisions of section 3 are not complied with by February 1, 1858.] SKC. 11. [Right to annul annual grant of $6,000 and " make void all and every part of the incorporation aforesaid and all rights, privileges, and immunities here- inbefore mentioned." ] SEC. 12. [Declares subscribers shall receive back their subscription in case of no incorporation by failure to secure 2,000 shares.] SEC. 13. [Arranges for the annual meeting of the stockholders. Repealed by law of 1868, chap. 320, q. v.] (Passed March 6, 1856.) Laws, 1858, chapter 265 [amended by laws of 1866. chapter 53] : Whereas it is represented to the legislature that the interests of the Maryland Agricultural College will be greatly advanced by the probable increase in the number of sub- scribers to the stock thereof by reducing the amount of subscription to the shares or stock in the same, thereby diffusing more wide and general interest among the agriculturists of the State; and also by granting to the District of Columbia a trustee for the management of said institution in view of the proximity of its location and site to said District, and the great interest already manifested by large subscriptions to its stock by the inhabitants of that district; and whereas it is also represented that the original act incorporating said institution contains no provisions for filling vacancies occurring in the board of trustees recently elected, without a general call or meeting of stockholders; therefore, etc. SK< '. 2. [Relates that there shall be three trustees at large, one from the eastern shore and one from the western shore and also a trustee from the District of Columbia.] i SEC. 4. [Relates that honorary members may be chosen by the board from among the citizens of other States.] (Passed March 10, 1858.) Laws, 1864, chapter 90: SECTION 1. That the following sections relating to col- ! le-cs for the benefit of agriculture and the mechanic arts be added to the article "Schools," of the Code of Public General Laws entitled " An act assenting to the provisions of the act of Congress donating lands to the several States and Terri- tories for the benefit of education." SEC. 17. The State of Maryland hereby declares its acceptance of the provisions of an act passed by the Congress of the United States, entitled " An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and mechanic arts." approved July 2, 1862; and the governor is hereby authorized to give such notice of the said acceptance as may be proper. (4, SEC. 18. The comptroller of the treasury is hereby authorized to receive from the proper authorities of the United States the land scrip to be issued for the lands granted to this State by the said act of Congress, and to give all necessary receipts and acknowledgments for the scrip which may be received by him. S; < . 19. The said comptroller is hereby authorized, by and with the approval and conriinvnce of the governor and treasurer of the State, from time to time as he may deem proper, to sell such land scrip, or any part thereof, for cash, or for stocks of the United States, or of the States, or some other safe stocks, yielding not less than 5 per cent upon the par value of said stocks, and to execute all necessary and proper transfers thereof; but no scrip shall be transferred and delivered to any purchaser thereof until the same shall have been fully paid for, or until payment shall have been fully secured by collaterals of such stocks as above specified. SEC. 20. The comptroller shall make all such arrangements, employ such agents and adopt such measures in all respects as he may deem most expedient for effecting a judicious sale of the said land scrip; and the treasurer, on the warrant of the Comptroller, shall from time to time pay out of any moneys in the treasury, not otherwise appropriated, all the expenses of management and superintendence, and taxes, if any, for the selection of said lands previous to their sale, and all expenses incurred in the management and disbursement of the moneys which may be received therefrom, and of all incidental matters connected with or arising out of the management and sale of said lands, so that the entire proceeds of the sale of said lands shall be applied without any diminution whatever to the purposes mentioned in said act of Congress. 48 EDUCATION EEPOET, 1903. SEC. 21. The moneys which may be received in the sale of said land or scrip shall from time to time, and as often as there shall be a sufficient accumulation for that purpose, be invested by the comptroller in stocks of the United States, or of this State or some other safe stocks yielding not less than 5 per cent per annum on the par value of said stocks, and the money so invested shall constitute a perpetual fund, the capital of which shall remain forever undiminished, except as provided for in and by said act of Congress. SEC. 22. The comptroller shall keep separate books of accounts in his office of all matters relating to the said land scrip and lands, and the care, management, sale, and disposition thereof, and of the investment of the moneys derived from the sale of the said lands and land scrip, and of the manner in which the income of the said fund may be disposed of, pursuant to an act of the legislature here- after to be passed authorizing the application thereof in conformity with the pro- visions of the act of Congress aforesaid. SEC. 23. The comptroller, in his annual report to the legislature, shall state the condition and amount of said fund, the expenditures on account thereof, and all his proceedings and acts in regard thereto. SEC. 24. All moneys received by the comptroller under the provisions of this act shall be forthwith deposited by him in the treasury of the State as a trust fund, with which a special office and bank account shall be kept by the treasurer so that the said moneys shall not be intermingled with the ordinary funds of the State; and the said moneys shall be paid out by the treasurer from time to time, on the warrant of the comptroller, when required by him for the purpose of being invested as hereinbefore mentioned. (Passed February 17, 1864. ) Laws, 1865, chapter 178: SECTION 1. After the comptroller shall have sold the said scrip and invested the proceeds thereof as provided by the act of the gen- eral assembly, passed in 1864, the annual interest or income of said investment shall be regularly paid by him without diminution to the Maryland Agricultural College, and the leading object of said college shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in order to promote the liberal and practical education of the industrial classes in the sev- eral pursuits and professions of life, and the money so to be received by the said college shall be applied to the objects enumerated in the said act of Congress and to no other purposes whatever, and the said college shall in all respects comply with the several requirements of the said act as to making and recording experi- ments and reporting ihe same as therein prescribed: Provided, That nothing herein contained shall be construed to prohibit or preclude the general assembly, at any time hereafter, from making any other disposition of said funds, not inconsistent with the act of Congress making said donation. SEC. 2. From and after the passage of this act the State board of education shall be ex-officio members of the board of trustees of the said college. (Passed March 22, 1865.) Laws, 1866, chapter 53 [amended in Sec. 4, see laws of 1880, chapter 231; also laws of 1888, chapter 53] : SECTION 1. The treasurer, upon the warrant of. the comp- troller, be, and he is hereby, authorized and directed to pay to the board of trus- tees of the Maryland Agricultural College the sum of $45,000, the said sum to be payable in three annual installments of $15,000 each, the first of said installments to be paid on the 1st day of April, 1866, and the balance in two equal installments on the 1st day of April, 1867, and the 1st day of April, 1868, respectively, the said amount of $45,000 to be appropriated by the trustees to the liquidation of the pres- ent indebtedness of the said college and the purchase of furniture and apparatus for the said college: Provided, The trustees of the said Maryland Agricultural College shall, on or before the 1st day of April, 1866, make, by a good and valid title, the State of Maryland equal joint owner of the property of every kind and description, real, personal, and mixed, now owned by the said college. SEC. 2. Upon the acceptance of this act by the majority of the stockholders, at a meeting to be called and held in pursuance of the act of incorporation, the trus- tees of said college are hereby authorized and fully empowered to make, by a good and valid title, the State of Maryland equal joint owner in all the property of every kind and description, both real, personal, and mixed, now owned by the said Maryland Agricultural College. SEC. 3. So much of the third section of the act of 1856 and the second section of of the act of 1858, which requires the board of trustees to consist of 22 trustees, 1 from each county, and 1 from the city of Baltimore, and authorizes the appoint- ment of a trustee from the District of Columbia and 1 from the eastern shore and 1 from the western shore, for the State at large, is repealed. LAWS RELATING TO LAND-GRANT COLLEGES. 49 SEC. 4. The board of trustees of the Maryland Agricultural College shall, on and after the 1st day of March, 1868, be composed of 11 tru>t '*. I of whom shall be members of the State board of education, to represent the State's interest as joint owner, and the other 7 shall be elected by a majority of the private stock- holders in the manner now provided by law, of whom shall be residents of the State of Maryland , and 1 of the District of Columbia. . 5. The said board of trustees hereinbefore provided for shall possess the same and like powers and authority with the trustees authorized to be appointed by the original acts to which this is amendatory. (\. The said board of trustees shall have power and authority to appoint and select visitors for said institution, 1 from each county and 2 from the city of Balti- more, with authority to attend the meetings of said trustees, but without the right of voting in the management of the said Maryland Agricultural College. SEC. 7. A sum of money not exceeding 10 per cent upon the amount received by this State, under the provisions of the act of Congress of 1882, which is authorized to be expended for the purchase of lands for sites or experimental farms, is hereby expressly reserved and set apart, to be paid into the treasury of the State to reim- burse the said State in part for the amount appropriated to the said Maryland Agricultural College by this act; and that so much of the act of 1885 as is incon- sistent with this section of this act is repealed. (Passed February 7, 1866.) Laws, 1808, chapter ;WO: SECTION 1. Sections 4 and 13 of the act of assembly, I is."r,. chapter U7, are hereby repealed and the following sections enacted in lieu thereof: ' SECTION 4. The president of the Senate shall be, ex-officio, a member of the board of trustees of the Maryland Agricultural College, in the place which the lieutenant-governor formerly held in the said board. ** SEC. 13. A general meeting of the stockholders of the Maryland Agricultural College shall be held annually, on the second Wednesday of April, in the city of Baltimore, at such special hour and place as the president of the existing board of trustees may appoint, and one week's notice of such meeting shall be published in two of the daily newspapers of Baltimore, and that a meeting may be called at any time and at any convenient place during the interval between the said annual meetings by the president and trustees, or a majority of them, or by the stock- holders owning at least one-fourth of the whole amount of stock subscribed, upon giving thirty days public, notice of the time and place of holding the same, by advertisement published in one or more newspapers of general circulation in the State: and at all meetings of said 'stockholders one-fourth in value of said stock- holders being present in person or by written proxy shall constitute a quorum for the transaction of all business; and that if less than such quorum shall be present at any such meeting said meeting may adjourn from time to time until a quorum is obtained, and that all general meetings of the stockholders where such a quo- rum is present a majority in value of the stockholders presvnt in person or by written proxy may fill any vacancy that may occur in the board of trustees which can be lawfully filled by the stockholders, and may remove from office any presi- dent or any of the trustees elected by the stockholders, and may appoint others in their stead." (Approved March 30, 1868.) Laws, 1S70, chapter 18:5: SECTION 1. The adjutant -general is authorized to fur- nish for the use of the Maryland Agricultural College 100 Austrian muskets, in the armory at Annapolis, or such other suitable arms as may now be in the armory, with accoutrements complete, and the accessary number of officers' swords and belts. Si.c. 2. The trustees of the Maryland Agricultural College shall, upon the receipt of said arms and accoutrements, execute to the State of Maryland a good and sufficient bond for the amount of the value of said arms and accoutrements for their safe keeping and return to the adjutant-general whenever required by the legislature so to do. (Approved March 31, 1870.) Laws, 1872, chapter 415: Whereas the legislature of Maryland by act of assem- bly, 1864, formally accepted the provisions of the act of Congress donating public lands to the several States and Territories which may provide colleges for the bene- fit of agriculture and the mechanic arts; and whereas section 20 of said act of assembly, in accordance with the requirements and almost in the words of said act of Congress, directs the treasurer, on the warrant of the comptroller, to pay all expenses of the management, superintendence, and taxes for, and all the inci- dentals connected with or arising out of the management of said lands, so that the entire proceeds of sale shall be applied without any diminution whatever to the purposes mentioned in the act of Congress, and as expressly required by that act; and whereas by act of assembly, 1865, the whole annual income from the fund ED 1903 4 50 EDUCATION KEPORT, 1903. arising from the sale of agricultural land scrip appropriated as aforesaid by act of Congress, was directed to be paid regularly by tlie comptroller "without diminu- tion 1 ' to the Maryland Agricultural College; and whereas by act of assembly of 1866 the legislature did diminish the said land fund so provided by act of Congress and so accspted by act of assembly, and so appropriated to the said Maryland Agricultural College, by directing 10 per centum of the whole amount to be paid into the treasury of tho State, so diminishing the said fund by the sum of $11,250; and whereas tlie comptroller of the treasury in the several years past has further diminished the annual interest arising from the said fund by withholding from the yearly payments the sum of $90 as a State tax; and whereas section 5 of the said act of Congress, the terms of which were formally accepted by the State, expressly requires " that if any portion of the funds, or any portion of the interest thereof shall, by any ast or contingency be lost or diminished, it shall be replaced by the State;" therefore SECTION 1. The comptroller of the treasury is required to invest in 6 per cent State bonds for the use and benefit of the Maryland Agricultural College the sum of $11,250, and to pay over to the order of said trustees, ssiniannually, on the 1st day of April and October in each and every year, the interest upon said sum so invested, and to account to and pay over to said trustees the interest upon said principal so withheld from said trust fund and diverted to the use of the State from the time such diversion was made. S3C. 2. The comptroller is required to account to and refund to the said trustees the tax erroneously withheld from the semiannual interest derived from the sum invested in the Southern relief fund set apart and invested for the use of the Maryland Agricultural College. (Approved April 1, 1872.) Laws, 1874. [Appropriation bill carries $6,000 " For the Maryland Agricultural College." The same sum is appropriated in 1875]. Laws, 1880, chapter 231 (see laws 1888, chapter 326): SECTION 1. Section 4 of an act passed at the January session, 1866, entitled '*An act amendatory of an act to establish and endow an agricultural college in Maryland, passed at January ses- sion, 1856," etc., is repealed and reenacted so as to read as follows: Ssc. 4. The board of trustees of the Maryland Agricultural College shall be constituted and composed as follows: There shall be 12 trustees, 5 of whom shall be elected by a majority of the private stockholders of said college in the manner now provided by law: Provided, That 4 of the 5 shall be residents of the State of Maryland and 1 of the District of Columbia, and the following 6 named persons shall represent the State's interest in said board, namely, the governor, comptroller, treasurer, president of the senate, speaker of the house of delegates, and attorney- general; and the United States Commissioner of Agriculture shall be ex officio one of said board. (Approved April 10, 1880.) Laws, 1886, chapter 307: SECTION 1. A commission of 6 persons is appointed as follows: Two persons engaged in agriculture, 1 from the western shore and 1 from the eastern shore, to be named by the governor; 1 person by the faculty of the Johns Hopkins University, 1 by the Maryland State Farmers' Association, and 1 person by the Maryland State Agricultural and Mechanical Association, whose duty it shall be to inquire into the propriety of establishing an agricultural experi- ment station, and to report to the next general assembly the result of their inquiry, and to submit such recommendations as to location, management, and other mat- ters pertaining to the same as they may deem proper. SEC. 2. The sum of $1,000, or so much thereof as may be necessary, is appro- priated from any funds in the treasury not otherwise appropriated to pay the expenses of said commission incurred in performing the duties herein prescribed, to be paid by tho treasurer on the warrant of the comptroller upon the order of a majority of said commission. (Approved April 7, 1886.) Appropriation law for 1888: * * * " To the Maryland Agricultural College, $5,000 and no more." Laws, 1888, chapter 55: Whereas by an act of Congress passed at the second session of the Forty-ninth Congress of the United States, entitled "An act to estab- lish agricultural experiment stations to connect with the colleges established in the several States, under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto," the sum of $15,000 per annum for each State having col- leges established under the provisions of said act of July 2, 1862, was appropriated for the establishing of agricultural experiment stations; and whereas the said act of the second session of the Forty-ninth Congress provides that before the said fund shall be paid to any State such State shall give its 'legislative assent to the purposes of said grants; and whereas the Maryland Agricultural College is the only college established in the State of Maryland under the provisions of said act of 1862, LAWS RELATING TO LAND-GRANT COLLEGES. 51 SECTION 1 . The absent of the State of Maryland is given to the purposes of the grant made by said act and the said Maryland Agricultural College is desig- nated as the college entitled to receive the sum appropriated for Maryland, and the treasurer of said college is designated as the proper person to receive the same. SEC. 2. The assent of the State of Maryland to the grants of moneys for the pur- poses, upon the terms and in accordance with the several conditions and provi- sions in said act contained, is signified and expressed, and the secretary of state is hereby directed to transmit a certified copy of this act to the Secretary of the Treasury of the United States. (Approved March 6, 1888.) Laws, 1888, chapter 326: SECTION 1. Section 4 of the act of 1866, chapter 53 * * * is hereby repealed and reenacted so as to read as follows: SEC. 4. The board of trustees of the Maryland Agricultural College shall be con- stituted as follows: There shall be 18 trustees, 5 of whom shall be elected by a majority of the private stockholders of said college in the manner now provided by law: Provided, That 4 of the 5 shall be residents of the State of Maryland and 1 of the District of Columbia, and the following 6 named persons shall represent the State's interest in said board, namely, the governor, comptroller, treasurer, president of the senate, speaker of the house of delegates, and attorney-general, and the United States Commissioner of Agriculture shall be ex officio one of said board, and 1 person from each of the Congressional districts of this State, who shall be a practical farmer or immediately interested in agricultural pursuits, who shall be appointed by the governor by and with the consent of the senate, to be classified as follows: Two for the term of 2 years, 2 for the term of 4 years, and the remainder for the term of 6 years, all to date from the 1st day of February, 1888, and thereafter the term of all such appointments shall be for the term of 6 years, oxrept that appointments to fill vacancies occurring otherwise than by expiration of term shall be only for the unexpired portion of the term so vacated. (Approved April 4, 1888.) Laws, 1890. appropriation law: "To the Maryland Agricultural College the sum of $G,000 for the fiscal year 1891, and the like sum for the fiscal year 1892." Laws, 1892, chapter 125: SECTION 1. The act of Congress approved August 30, 1890, is assented to and accepted on behalf of the State of Maryland, subject to all the purposes and conditions of the said grant. Si-:r. 2. The Maryland Agricultural College, to which the benefits of said act of Congress apply in this State, is hereby authorized and directed to make suitable provisions for complying with all the requirements of the said act. (Approved March 15, 1892.) Ibid., appropriation law: ''To the Maryland Agricultural College the sum of $6,000 for the fiscal year 1893, and the like sum for the fiscal year 1894." Ibid. , 1894, appropriation law: " To the Maryland Agricultural College the sum of x'.i.OOO for the fiscal year 1895, and a like sum for the fiscal year 1896." Ibid., 1896. appropriation law: " To the Maryland Agricultural College the sum of $9,000 for the fiscal year 1897, and a like sum for 1898." Laws, 1898, chapter 291: SECTION 1. The sum of $14,000 is hereby appropriated out of any money in the treasury not otherwise appropriated to the Maryland Agricultural College, $10,000 of which shall be used for the erection of a suitable building for recitation rooms and laboratories for the department of agriculture and its allied branches, the remainder of $4,000 for the proper sanitary plumbing in the present dormitories. SEC. 2. The comptroller of Maryland is directed to issue his warrant on the treasurer of Maryland, payable to the order of the Maryland Agricultural College, or to its accredited agent, for the sum of $14,000, said sum to be used solely for the purpose hereinbefore set forth. (Approved April 7, 1898.) Laws, 1900, chapter 620: SECTION 1. [Appropriates to the Maryland Agricultural College the sum of $9,000 for the year 1901, and a like sum for 1902.] Laws, 1902, chapter 512: SECTION 1. [Appropriates] To the Maryland Agricul- tural College, the sum of $9,000 for the fiscal year 1903, and the like sum of $9,000 for the fiscal year 1904, together with the further sum of $3,996 for the fiscal year 1903, and the sum of $1,776 for the fiscal year 1904, the said latter amounts, viz, $3.996 and $1.776 being 2 per centum on the endowment of $88.800 for three years and three months, or the difference between 2 [3] per centum and 5 per centum, at which latter rate the endowment is required to be invested by acts of Congress; said appropriations being made upon the recommendation that the said college become the property of the State of Maryland and be made exclusively a tech- nical school. Ibid., 1902, chapter 625: SECTION 1. Appropriations are hereby made to the Maryland Agricultural College, for its use and for the experiment station, for the furtherance of the work of those institutions in their several departments, and 52 EDUCATION KEPORT, 1903. also in order to make provisions whereby more of the people of Maryland may avail of the advantages of an agricultural and industrial education, and at the same time provide for the proper fulfillment of the compacts made by this State in accepting certain grants from the United States Congress to this State. The amounts which are hereby provided for shall be expended, respectively, according to the provisions of sections 1, 2, 3, 4, 5, and C of this act. SEC. 2. In order to provide dormitory accommodations for at least double the number of students as present facilities will accommodate, and to provide modern and sanitary kitchen and dining room accommodations for students, and also to provide for a general assembly hall for chapel and other public functions, the sum of $25,000 is hereby appropriated. SEC. 3. To provide for the proper heating, ventilation, and general renovation of the present dormitory building, the sum of 3,000 is hereby appropriated. SEC. 4. To provide for the enlargement of the mechanical building, so as to release its overcrowded condition and also to make possible the installment of new appliances, the sum of $5,000 is hereby appropriated. SEC. 5. In order to provide for the maintenance, repairs, and insurance of the building of the experiment station, to provide for the printing of bulletins and making exhibits, showing the results of the work, and also to provide for the investigations on the tobacco crop, in meat production, and in irrigation, an annual appropriation of $5,000 is hereby provided for and made. SEC. 6. The comptroller be and he is hereby authorized to issue his warrant upon the treasurer of the State for the several sums hereby appropriated, the same to be paid out of any funds not otherwise appropriated; that the said sum of moneys shall be payable to the Maryland Agricultural College and shall be expended under the direction of the board of trustees of said institution. And the first payment shall be made during the fiscal year ending September 1, 1902. SEC. 7. One-half of the amounts hereby appropriated for buildings shall consti- tute a first lien to the State of Maryland on the property of the Maryland Agri- cultural College, and this lien shall be secured by the mortgage, to be given by the said college in its corporate capacity, to this State; the said mortgage to run for the period of ten years, with interest at 3 per cent, payable annually, if demanded; said mortgage to be ratified by the trustees and stockholders of said college: And it is further provided, That before any of said sums shall become pay- able by the said State to the said college, said trustees shall at their own expense cause an examination of the title to be made by the Title Guarantee and Trust Company, or some competent attorney to be designated by the attorney-general, and upon the report of the persons or corporation so examining to the attorney- general and his approval thereof that the title is good, that the said property is vested in said college in its corporate capacity in fee simple and free from incum- brances, the money shall be paid by the fiscal officers of the State at the time provided for in the act and not before. SEC. 8. And be it enacted, That this act shall take effect from the date of its passage, and the moneys appropriated for educational and experimental purposes and purposes of repair, shall be paid as hereinbefore provided, and the moneys appropriated for building purposes shall be paid as soon as the mortgage herein- before provided for has been drawn, executed, and tendered to and approved by the attorney-general; and in addition the private stockholders shall, at a called meeting, assent to the lien created by section 7 of this act, by resolution to be filed by them with the secretary of state, which said resolution or a copy thereof, certified to by the register of the college, shall be evidence of said acceptance. [The following matter is taken from the " Supplement to the Code of Public General Laws of Maryland containing the Public General Laws," passed at the sessions of 1890-1898, by John Prestiss Poe, Baltimore, 1898.] Article LXI: SECTION 1. The term " fertilizer," as used in this article, shall be held to mean any commercial fertilizer, or any article, substance, or mixture sold, offered, or exposed for sale for manurial purposes within this State, of which the selling price shall be more than $10 per ton of 2,000 pounds. The term "brand " shall be held to mean the name under which the commercial fertilizer is sold, together with the statement of the percentage of valuable ingredients contained therein. The term "State chemist " shall mean the professor in charge of the chemical department of the Maryland Agricultural College, who shall be exofficio State chemist. SEC. 2. Before any fertilizer is sold, offered, or exposed for sale within the State the following conditions must be complied with: (1) The importer, manufac- turer, manipulator, dealer, or agent shall take out a license for the sale of fertilizers, LAWS RELATING TO LAND-GRANT COLLEGES. 53 which license shall be rated upon the number of brands contemplated to be sold at the rate of $15 for each brand, said license to be prepared and furnished by the comp- troller of the treasury and to be issued at any time, to be good until the 1st day of February following; (2) every bag, barrel, or package of fertilizer, and every pared or lot, if sold in bulk, must bear in legible print, or be accompanied by a clear and true statement showing the net pounds of fertilizer in the package or lot, the name, brand, or trade-mark under which the fertilizer is sold, the name and address of the importer, manufacturer, or manipulator, the place of manufac- ture or manipulation, and a chemical analysis stating the per centum of the mini- mum, and only the minimum, contained therein, of nitrogen or its equivalent in available amnionia, of potash soluble in distilled water, and of available phosphoric acid. SEC. 5. It shall be the duty of the Maryland Agricultural College to analyze, without cost or charge, all samples of fertilizers sent to it for the purpose of being analyzed by any person or persons purchasing or procuring the same in this State for his or their use or uses; provided such persons are not interested in the analysis desired other than as consumers, of which affidavit shall be made and shall accom- pany each sample or brand; and further, such samples are taken and sent as described by this article . and free of cost of transportation to said college ; and it shall be the duty of the Maryland Agricultural College to procure samples, as far as prac- ticable in every year, of all the fertilizers sold and used in this State, for the pur- pose of analyzing the same: and any duly authorized agent or representative of the said college shall have the right to take samples, as provided by this article, from any lot or parcel of fertilizer in transit or in possession or keeping of any manufacturer, manipulator, dealer, or agent, and sold or offered for sale in this State: and it shall l>e the duty of the Maryland Agricultural College to send in Hi-' result of the analysis of every sample of fertilizer to the person from whom snch sample was taken or received, and also to publish from time to time the results of the analysis made by the said college of the samples sent to or procured by it for such purpose; and it shall l>e the duty of the Maryland Agricultural College, when reporting or publishing the result of any analysis made, to state the commercial value in dollars and cents of the fertilizer so analyzed, per ton of 2,000 pounds, such value to bo based upon the analysis made by the college, and upon a standard of valuation to be ascertained, fixed, and published by said college annually, after conference with the proper officials of adjacent States. Si.c. fi I as amended by laws of 1902, chap. 882]. All samples of fertilizers for analysis at the Maryland Agricultural College shall be taken from unbroken pack- 068 oi bags that have not been damaged or injured in transit or by exposure, and when in the possession of the purchaser or purchasers within thirty days after CM nning into their possession it shall be lawful for any such purchaser or purchasers of any such manures or fertilizers, provided that he be not a manufacturer, manip- ulator, or agent of either, to take from any such unbroken packages or bags a sample, not exceeding 2 pounds, placing the same in bottle or bottles, jar or jars, which shall then be corked tightly and forwarded to the Maryland Agricultural College for analysis; that it shall not be lawful for the said agricultural college or its chemists to previously demand of any such purchaser or purchasers so send- ing said sample or samples for analysis, to give any advices, information or state- ment to the said college or its chemists as to any analysis found on the original unbroken packages or bags from which said sample or samples were taken, or the name or names of any individual, representative, agent, or corporation or firm from which said manures or fertilizers were purchased; and it shall be the duty of the agricultural college to have its proper and authorized chemist to at once make a full and complete analysis of the manures or fertilizers contained in such bottles, jar or jars, and within thirty days thereafter return to such person or per- sons from whom the sample or samples were received a full and complete analysis of the said manures or fertilizers sent for analysis; and it shall be unlawful for any individual or any representative or agent of any corporation or firm, or any corporation or firm itself, to have, either directly or indirectly, communica- tion with the agricultural college or its chemist, agent, or representative, or the sender of any sample with regard to the analysis of any manures or fertilizers sent to- the agricultural college by the purchaser or purchasers thereof for analysis under the provisions of this section, nor shall the agricultural college nor its chemists nor its agent or agents or the sender of any sample furnish any informa- tion or communicate with any manufacturer of fertilizers about any such samples submitted for analysis until after a report of said analysis shall have been duly furnished to the applicant for such analysis under this section: Provided, That all samples sent to the Maryland Agricultural College by any purchaser or purchasers shall be drawn from at least 5 per cent of the total number of bags purchased, 54 EDUCATION EEPOKT, 1903. these samples to be thoroughly mixed in a clean, dry place, and a suitable sample shall be taken from said mixture and placed in a suitable vessel or vessels care- fully closed, with an identifying label, and the same then taken or sent by safe carriage to the said college for analysis. Every sample for analysis by the State chemist as provided for by this section shall be fully described in forms to be furnished by said chemist free of charge, said description giving a full and com- plete statement of the time and place of sampling, of all marks on the bags or packages thereof, and all of the facts relating to the same; said description and statements shall be made under affidavit before a justice of the peace or notary public, and the same shall be retained as confidential by said justice or notary until required by this act to be sent to the State chemist: Provided further, That the purchaser or purchasers sending such sample or samples of fertilizer shall withhold said description or descriptions of said sample or samples until he has received the report of the said State chemist of the analysis of the same. Any person or persons receiving an analysis from the State chemist under this act shall immediately thereafter forward to him the statement required by this act to be made at the time of taking the sample or samples; and any person or per- sons violating the provisions of this section shall be punished by a fine of $100; and any manufacturer, agent, or representative who shall be convicted of mak- ing false and fraudulent representations as to the quality and constituent elements of any fertilizers by the printed analysis upon any such bag or package shall be fined $100 for the first offense and $200 for every subsequent offense thereafter; and the report of the analysis of any such sample of fertilizer sent to the. agricul- tural college for examination under this act shall be prima facie evidence as to the quality of the lot of fertilizer from which said sample was taken. SEC. 7. The funds received by the comptroller from the licenses issued under this article shall be paid into the treasury and be set apart as a specific fund to pay the cost and expenses of conducting the analysis provided for in section 5, and the treasurer shall semiannually pay over to the Maryland Agricultural College the money received from said licenses; provided that the amount paid in any one year shall not be more than at the rate of section 15 for each sample of fertilizer analyzed by said college. SEC. 11. It shall be the duty of all State's attorneys to prosecute all persons accused of violating any of the provisions of this article. Article XL VIII. SEC. 51. A State horticultural department is established for the State of Maryland; its purpose is to suppress and eradicate the San Jose scale, peach yellow, pear-blight, and other injurious dangerous insect pests and plant diseases throughout the State of Maryland. SEC. 52. The professor of entomology, the professor of vegetable pathology, and the professor of horticulture of the Maryland Agricultural College and Experi- ment Station shall be the State entomologist, State pathologist, and State horti- culturist, respectively. SEC. 53. The said horticultural department shall be under the control of the board of trustees of the Maryland Agricultural College and Experiment Station, to whom the officers created under this subtitle shall be responsible. The salary of the State entomologist and State pathologist shall be fixed by the said board of trustees, and the said board shall likewise fix the compensation of any assistant or assistants, employee or employees, and control all expenses thereof. The expenses of said department shall be paid out of an appropriation hereinafter provided for, and said board of trustees are invested with all powers necessary to carry into effect the provisions of this subtitle; but no expenses shall be incurred beyond the amount appropriated. MASSACHUSETTS. Constitution (1780), chapters.- SEC. 2. Wisdom and knowledge, as well as vir- tue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislatures and magistrates, in all future periods of this Commonwealth, to cherish the inter- ests of literature and the sciences, and all seminaries of them, especially the uni- versity at Cambridge, public schools, and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of LAWS RELATING TO LAND-GRANT COLLEGES. 55 humanity and general benevolence, public and private charity, industry and fru- gality, honesty and punctuality in their dealings: sincerity, good humor, and all social affections and generous sentiments among the people. Acts and Resolves,! 860, chapter 166: SECTION 1. The Commonwealth of Massachu- setts hereby accepts the grant offered to it by the United States, as set forth and definf (1 in the act of Congress approved July 2, 1862, said act being chapter 130 of the statutes of the United States, passed at the second session of the Thirty-seventh Congress, upon the terms and conditions contained and set forth in said act of Congress: and the governor of the Commonwealth is hereby authorized and iu.<; ructed to give due notice thereof to the Government of the United States. SEC. 2. The governor is hereby authorized and instructed to receive, by himself or his order, from the Secretary of the Interior or any other person authorized to issue the same, all the land scrip to which this Commonwealth may be entitled by the provisions of the before-mentioned act of Congress. SEC. 3. The governor, with the advice and consent of the council, is hereby authorized and instructed to appoint a commissioner, whose duty it shall be to locate, without unnecessary delay, all the land scrip which may come into the possession of the Commonwealth by virtue of this act, and to sell the same from time to time on such terms as the governor and council shall determine. Said commissioner shall give a bond, with sufficient sureties, in the penal sum of $">(. 000, to be approved by the governor and council, that he will faithfully per- form the duties of his office, and shall render full and accurate returns to them,, at the end of every six months, or oftener if required to do so by them, of his pro- ceedings under this act. The compensation of said commissioner shall be fixed by the governor and council, and shall lie paid out of the treasury of the Com- monwealth; and the governor is hereby authorized to draw his warrants therefor. SKC. 4. All moneys received by virtue of this act, for the sale of land scrip, shall t>3 immediately deposited with the treasurer of the Commonwealth, who shall invest and hold the same in accordance with the fourth section of the aforemen- tioned act of Congress. The moneys so invested shall constitute a perpetual f und r to be entitled the Fund for the Promotion of Education in Agriculture and the- Mechanic Arts, which shall be appropriated and used in such manner as the leg- islature shall prescribe, and in accordance with the said act of Congress. (Approved April 18, 1863.) Acts and Resolves, 1863, chapter 220: Marshall P. Wilder [and thirteen other persons mentioned by name] . their associates and successors, are hereby consti- tuted a body corporate by the name of the Trustees of the Massachusetts Agricul- tural College, the leading object of which shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in order to promote the liberal and practical education of the industrial classes in the- several pursuits and professions of life, to be located as hereinafter provided, and they and their successors, and such as shall be duly elected members of said cor- poration, shall be and remain a body corporate by that name forever. And for the orderly conducting of the business of said corporation the said trustees shall have power and authority, from time to time, as occasion may require, to elect a. president, vice-president, secretary, and treasurer, and such other officers of said corporation as may be found necessary, and to declare the duties and tenures of their respective offices; and also to remove any trustee from the same corporation, when, in their judgment, he shall be rendered incapable, by age or otherwise, of discharging the duties of his office, or shall neglect or refuse to perform the same;, and, whenever vacancies shall occur in the board of trustees, the legislature shall fill the same; provided nevertheless, that the number of members shall never be greater than fourteen, exclusive of the governor of the Commonwealth, the secre- tary of the board of education, the secretary of the board of agriculture, and the- president of the faculty, each of whom shall be ex officio a member of said corporation. SEC. 2. The said corporation shall have full power and authority to determine- at what times and places their meetings shall be holden, and the manner of noti- fying the trustees to convene at such meetings; and also, from time to time, to- elect a president of said college, and such professors, tutors, instructors, and other officers of said college, as they shall judge most for the interest thereof, and to determine the duties, salaries, emoluments, responsibilities, and tenures of their several offices. And the said corporation are further empowered to purchase or erect, and keep in repair, such houses or other buildings as they shall judge necessary for the said college; and also to make and ordain, as occasion may require, reasonable rules, orders, and by-laws, not repugnant to the constitution and laws of this Commonwealth, with reasonable penalties, for the good govern- 56 EDUCATION REPORT, 1903. merit of the said college, and for the regulation of their own body, and also to determine and regulate the course of instruction in said college, and to confer such appropriate degrees as they may determine and prescribe; provided never- theless, that no corporate business shall be transacted at any meeting unless one- half, at least, of the trustees are present. SEC. 3. The said corporation may have a common seal, which they may alter or renew at their pleasure, and all deeds sealed with the seal of said corporation and signed by their order, shall, when made in their corporate name, be considered in law as the deeds of said corporation; and said corporation may sue and be sued in all actions, real, personal, or mixed, and may prosecute the same to final judg- ment and execution, by the name of the Trustees of the Massachusetts Agricul- tural College; and said corporation shall be capable of taking and holding in fee simple, or any less estate, by gift, grant, bequest, devise or otherwise, any lands, tenements or other estate, real or personal, provided that .the clear annual income of the same shall not exceed $30,000. SEC. 4. The clear rents and profits of all the estate, real and personal, of which the said corporation shall be seized and possessed, shall be appropriated to the uses of said college, in such manner as shall most effectually promote the objects declared in the first section of this act, and as may be recommended from time to time by the said corporation, they conforming to the will of any donor or donors, in the application of any estate which may be given, devised, or bequeathed for any particular object connected with the college. SEC. 5. The legislature of this Commonwealth may grant any further powers to, or alter, limit, annul, or restrain, any of the powers vested by this act in the said corporation, as shall be found necessary to promote the best interests of the said college; and more especially may appoint and establish overseers or visitors of the said college with all necessary powers for the better aid. preservation, and government thereof. The said corporation shall make an annual report of its condition, financial and otherwise, to the legislature at the commencement of its session. SEC. 6. The board of trustees shall determine the location of said college, in some suitable place within the limits of this Commonwealth, and shall purchase, or obtain by gift, grant, or otherwise, in connection therewith, a tract of land containing at least 100 acres, to be used as an experimental farm, or otherwise, so as best to promote the objects of the institution; and in establishing the by-laws and regulations of said college, they shall make such provision for the manual labor of the students on said farm as they may deem just and reasonable. The location, plan of organization, government, and course of study prescribed for the college shall be subject to the approval of the legislature. SEC. 7. One-tenth part of all the moneys which may be received by the State treasurer from the sale of land scrip, by virtue of the provisions of the one hundred and thirtieth chapter of the acts of the Thirty-seventh Congress at the second session thereof, approved July 2, 1862, and of the laws of this Commonwealth, shall be paid to said college and appropriated toward the purchase of said site or farm; provided, nevertheless, that the said college shall first secure, by valid subscription or otherwise, the further sum of $75,000 for the purpose of erecting suitable buildings thereon, and upon satisfactory evidence that this proviso has been complied with, the governor is authorized, from time to time, to draw his warrant therefor. SEC. 8. When the said college shall have been duly organized, located, and estab- lished, as and for the purposes specified in this act, there shall be appropriated and paid to its treasurer each year, on the warrant of the governor, two-thirds of the annual interest or income which may be received from the fund created under and by virtue of the act of Congress named in the seventh section of this act, and the laws of this Commonwealth accepting the provisions thereof, and relating to the same. SEC. 9. In the event of a dissolution of said corporation, by its voluntary act at any time, the real and personal property belonging to the corporation shall revert and belong to the Commonwealth, to be held by the same, and to be disposed of as it may seem fit, in the advancement of education in agriculture and the mechanic arts. The legislature shall have authority at any time to withhold the portion of the interest or income from said fund provided in this act, whenever the corporation shall cease or fail to maintain a college within the provisions and spirit of this act and the before-mentioned act of Congress, or for any cause which they may deem sufficient. (Approved April 29, 1863.) Ibid., 1864, chapter 223: SECTION 1. The corporate name of " The Trustees of the Massachusetts Agricultural College," shall hereafter be ''The Massachusetts Agricultural College." LAWS RELATING TO LAND-GRANT COLLEGES. 57 SEC. 2. The location, plan of organization, government, and course of study pre- scribed for said college shall be subject to the approval of the governor and council. SEC. 3. It shall be the duty of the commissioner authorized to be appointed by section 3 of chapter 166 of the acts of 1863 to sell from time to time the land scrip which may come into the possession of the Commonwealth by virtue of said act, on such terms as the governor and council shall determine. SEC. 4. The governor, with the advice and consent of the council, is hereby authorized and instructed to transfer to the Massachusetts Agricultural College one-tenth of the entire amount of land scrip received by the Commonwealth from the United States by virtue of an act of Congress approved by the President July 2, 1862, and the proceeds from the sale of said land scrip shall be expended only for the purchase of land for the use of said college. If any portion of such pro- ceeds shall remain unexpended after the purchase of a suitable site or farm for said college, then said college shall pay the same over to the treasurer of the Com- monwealth, who shall invest and hold the same as a part of the fund for the pro- motion of education in agriculture and the mechanic arts, established by the fourth section of the one hundred and sixty-sixth chapter of the acts of the year 1863. SEC. 5. To defray the necessary expenses of establishing and maintaining the Massachusetts Agricultural College, there may be advanced from the treasury, to be refunded as provided in section 6 of this act, the sum of $10,000, and the gov- ernor is hereby authorized to draw his warrants therefor: Provided, That the money shall be paid to the treasurer of said college. SEC. 7. So much of section 3, of chapter 166 of the acts of 1863, as authorizes the commissioner therein named to locate land scrip of the Commonwealth, and so much of section 6, of chapter 220 of the acts of 1863, as provides that the location, plan of organization, government, and course of study prescribed for paid college shall be subject to the approval of the legislature, and all other acts and parts of acts inconsistent herewith are hereby repealed. (Approved May 11, 1864.) Ibid., 1865, chapter 195: SECTION 1. The town of Amherst is hereby authorized to raise, by issuing its bonds, or by loan or tax, the sum of $50,000, to be appropriated and paid to the Mnssarh us-t ts Agricultural College, out of the treasury of the town, and applied in the erection of suitable buildings upon the farm of said college in paid town, provided 1hat at a legal town meeting, called for that purpose, two- thirds of the voters present and voting thereon shall vote to raise said amount for said object. (Approved May 5, 1865.) Ibid.. I so:,, ,-hapter 240: Appropriates $10,000 to aid "in establishing college." Ibid.. 1*66, chapter 263: SKCTIOX 1. The board of agriculture shall constitute a board of overseers of the Massachusetts Agricultural College, with powers and duties to be denned and fixed by the governor and council. But said board of overseers shall have no powers granted to control the action of the trustees of said college, or to negative their powers and duties, as defined by chapter 220 of the acts of 1863. SEC. 2. The board of agriculture is hereby authorized to locate the State agri- cultural cabinet and library, and to hold its meetings in said college. SEC. 3. The president of the agricultural college is hereby constituted a member, ex officio, of the board of agriculture. SEC. 4. All acts and parts of acts inconsistent with this act are hereby repealed. (Approved May 26, 1866.) Ibid., 1867, chapter 189: SECTION 1, Directs the treasurer of the Commonwealth to pay to college accumulated interest on fund " since July 30, 1864." Ibid., 1868, Resolves, chapter 8: That his excellency the governor be authorized to issue to the president and trustees of the Massachusetts Agricultural College such arms and equipments, for the use of that institution, as in his judgment may be so distributed without detriment to the militia service; provided, the said pres- ident and trustees shall be held personally responsible for the same. (Approved March 11, 1868.) Ibid., 1869, Resolves, chapter 34: Appropriates $50,000 from treasury of Com- monwealth " for the erection of buildings and other improvements." Ibid., 1870, Resolves, chapter 75: Appropriates $25,000 from the treasury for cnr- rent expenses, and further, " Resolved, That the secretary of the board of educa- tion and the secretary of the board of agriculture be directed to devise a plan, if practicable, by which the college may, without expense to the Commonwealth, be recognized as an independent institution in analogy with other colleges in the Com- monwealth, and that they inquire whether the term of study in said college should not be reduced ; and report to the next general court. ? ' (Approved June 18, 1870. ) Ibid., 1871, chapter 378: SECTION 1. Chapter 220 of the acts of 1863, entitled "An act to incorporate the Trustees of the Massachusetts Agricultural College," is 58 EDUCATION EEPOET, 1903. hereby amended as follows, to wit: Strike from the first section thereof the words, " whenever vacancies shall occur in the board of trustees, the legislature shall fill the same," and substitute therefor the words, "also from time to time to elect new members." Strike the last sentence from the fifth section and substitute therefor the following, 4i the college shall furnish to the governor and council a copy of the annual report of its operations." (Approved May 26, 1871.) Ibid., 1871, Resolves, chapter 89: Appropriates $50,000 from the treasury for current expenses, and adds to the fund for the promotion of education in agri- culture and the mechanic arts a sum sufficient to increase said fund so that it shall amount to $350,000. (Approved May 26, 1871.) Ibid., 1874, Resolves,chapter 57: Appropriates $18,000 " in aid of that institution." Ibid., 1876, Resolves, chapter 5.2: Appropriates $5,000 out of treasury for current expenses, "provided, That the excess of expenditures above receipts shall not exceed that sum." Ibid., 1877, Resolves, chapter 68: Appropriates $5,000 from treasury, one-half for current expenses and the other half '* for manual labor which students may perform who are residents of the Commonwealth, but no student shall be paid more than $100 during one year." Ibid., 1879, chapter 258: SECTION 1. Appropriates $32,000 ;< to pay the indebted- ness of the Massachusetts Agricultural College." SEC. 2. The expenses of the institution shall be kept within the income to which it is legally entitled, and the board of trustees shall be personally liable for any debt contracted for any purpose in excess of the assured income of the college or for the payment of which money has not been previously provided. SEC. 3. The governor and council are hereby requested to examine the affairs of said college and report to the next general court some plan for its permanent con- tinuance with its relations to the State definitely fixed, or some plan for its dis- continuance, but with the provision in any event that its finances shall from this time be finally separated from the treasury of the Commonwealth. (Approved April 24, 1879.) Ibid., 1882, chapter 212: SECTION 1. An agricultural experiment station shall be established and maintained at the Massachusetts Agricultural College in the town of Amherst. SEC. 2. The management of said station shall be vested in a board of control of seven persons, of which board the governor shall be president ex officio and of which two members shall be elected from the State board of agriculture, two from the trustees of the Massachusetts Agricultural College by said trustees, one from the Massachusetts society for promoting agriculture by said society, and the remaining member shall be president of the Massachusetts Agricultural College. The said board shall choose a secretary and treasurer. SEC. 3. The said board of control shall hold an annual meeting in the month of January, at which time it shall make to the legislature a detailed report of all moneys expended by its order^and of the results of the experiments and investi- gations conducted at said station with the name of each experimenter attached to the report of his own work, which detailed report shall be printed in the animal report of the secretary of the State board of agriculture. SEC. 4. The said board of control shall at its first meeting arrange for the retir- ing of two members each year, and the successors of such retiring members shall be elected by the bodies respectively which such retiring members represent, pro- vided that in the years in which under such arrangement the president of the Massachusetts Agricultural College would be retired the said president shall remain and only one member shall be retired. SEC. 5. The said board of control shall appoint a director, a chemist, and all necessary assistants, and shall provide suitable and necessary apparatus and appli- ances for the purpose of conducting experiments and investigations in the follow- ing subjects: (1) The causes, prevention, and remedies of the diseases of domestic animals, plants and trees; (2) the history and habits of insects destructive to vege- tation and the means of abating them; (3) the manufacture and composition of both foreign and domestic fertilizers, their several values, and their adaptability to different crops and soils; (4) the values under all conditions, as food for all farm animals, for various purposes, of the several forage, grain, and root crops; (5) the comparative value of green and dry forage, and the cost of producing and preserving it in the best condition; (6) the adulteration of any article of food intended for the use of men or animals, and in any other subjects which may be deemed advantageous to the agriculture and horticulture of the Commonwealth. It may from time to time distribute any or all of the results of any experiment or investigation to such newspapers as may desire to publish the same. SEC. 6. There shall be paid from the treasury of the Commonwealth to the LAWS RELATING TO LAND-GRANT COLLEGES. 59 treasurer of said board of control before the 1st day of July, 1883, the sum of $3,000 to establish, prepare, and equip said station; and for the maintenance of said station hereafter there shall also be paid to said treasurer the sum of $5,000 annu- ally in regular quarterly installments. (Approved May 12, 1882.) Ibid. , 1882, Resolves, chapter 49: Appropriates $9,000 for repairs and drill house. Ibid., 1883. chapter 103: The board of control of the agricultural experiment station shall annually, in the month of January, make a detailed report to the State board of agriculture of all moneys expended by its order and of the results of the experiments and investigations conducted at said station, with the name of each experimenter attached to the report of his own work. (Approved March 30, 1883.) Ibid.. 1883, Resolves, chapter 46: That there shall be paid annually for the term of four years, from the treasury of the Commonwealth to the treasurer of tho Massachusetts Agricultural College at Amherst the sum of $10,000 to enable the trustees of said college to provide for the students of said institution the theo- retical and practical education required by its charter and the law of the United States relating thereto: Resolved, That annually for the term of four years eighty- free scholarships be, and hereby are, established at the Massachusetts Agricultural College, the same to be given by appointment to persons in this Commonwealth after a competitive examination under rules prescribed by the president of the col- lege at such time and place as the senator then in office from each district shall desigrat3, and the said scholarships ahall be assigned equally to each senatorial distric t; but if there shall bo less than two successful applicants for scholarships from any senatorial district such scholarships maybe distributed by the president of the college equally among the other districts as nearly as possible; but no appli- cant shall be entitled to a scholarship unless he shall pass an examination in accordance with the rules to be established as hereinbefore provided. (Approved JuneS, 1883.) Ibid., 1884, Resolves, chapter 50: Appropriates $36,000 for new buildings: Pro- r tlves, chapter 100: Appropriates $8,000 for new buildings. Ibid., 1893, Resolves, chapter 107: Appropriates $38,000 for new buildings nnd other improvements, and for insurance. Ibid., 1894, chapter 101: Fixes the date of making a report to the legislature on the first Wednesday in January. Ibid., 1894, chapter 143: SECTION 1. The Massachusetts Agricultural Experiment Station, located at the Massachusetts Agricultural College in Amherst, may be transferred to and consolidated with the experiment department of the said college now known as the Hatch Experiment Station, in the manner hereinafter provided. SEC. 2. The board of control of the said Massachusetts Agricultural Experiment Station, at any meeting duly called for such purpose, may, by a vote of two- thirds of the members present, authorize the transfer of all the rights, leases, contracts, and property, of every kind and nature, of said station and board, to the trustees of -the Massachusetts Agricultural College, and the said trustees may, at any meeting duly called for such purpose, accept the same for said college in behalf of the Commonwealth, whereupon such transfer shall be made by suitable con- veyance; and when such transfer shall be made the said board of control shall cease to exist and the said Massachusetts Agricultural Experiment Station shall be deemed to be a part of, and to belong to, the experiment department of said college; under such name as Said trustees may designate. SEO. 3. The trustees of said college shall thereafter continue to carry on the experimental and other work for which the Massachusetts station was established, and to administer and apply all the property and funds that may be received by them hereunder, and by virtue hereof, for such purposes. They shall also from time to time print and publish bulletins containing the results of any experimental work and investigations, and distribute the same to such residents and newspapers of the Commonwealth as may apply therefor. SEC. 4. Nothing herein cdntained shall operate to affect or discontinue the annual appropriations and payments thereof made, and to be made, by the Com- monwealth for the proper maintenance of experimental work, under section 6 of chapter 212. acts of 1882, and section 1 of chapter 327, acts of 1885; and the pay- ment of said appropriations shall hereafter be made to the treasurer of the Massa- chusetts Agricultural College. The trustees, of said college shall make or cause to be made annually to the general court a detailed report of the expenditure of all such moneys, and such further report of the annual work of the experiment department of the college station as the trustees of the college shall deem advis- able. (Approved March 22, 1894.) Ibid., chapter 144: SECTION 1. Section 1 of chapter 20 of the public statutes is hereby amended to read asfollows: "SECTION 1. The governor, lieutenant-governor, and secretary of the Commonwealth, the president of the agricultural college, the secretary of the board of agriculture, one person appointed from and by the Massachusetts Society for Promoting Agriculture, one person appointed from and by each agricultural society which receives an annual bounty from the Common- wealth, and three other persons appointed by the governor, with the advice and consent of the council , shall constitute the State board of agriculture. ' ' (Approved March 22, 1894.) Ibid., Resolves, chapter 70: Appropriates $7,000 " to provide the necessary elec- tric power for use in the barn and dairy school of said college, and for wiring the buildings of the college and providing power for lighting the same by electricity. V LAWS RELATING TO LAND-GRANT COLLEGES. 63 Ibid., Resolves, chapter 103: That there be allowed and paid out of the treas- ury of the Commonwealth a sum not exceeding $5.000, to be expended by the trustees of the Massachusetts Agricultural College in purchasing cattle to stock the farm at said college, provided, however, that the exp?nse of selecting and testing said cattle shall be paid from tb.3 sum herein authorized. (Approved Ju?ie29, 1894.) Ibid., 1895, chapter 421: SECTION 1. The director of the Hatch experiment sta- tion of the Massachusetts Agricultural College shall hereafter have and exercise the powers and duties granted and imposed upon the director of the Massachu- setts agricultural experiment station by chapter 296 of the acts of 1888. (Approved May 29, 1895.) Ibid., 1895, chapfct r 57: SECTION 1. Section 2 of chapter 143 of the acts of 1894 is hereby amended so as to read as fallows: " SEC. 2. The said Massachusetts agricultural experiment station, at any meeting duly called for such purpose, may, by a vote of two-thirds of the members present, authorize the transfer of all the rights, leases, contracts, and property of every kind and nature of said station to the Massachusetts Agricultural College; and the trustees of said college may, at any meeting duly called for such purpose, accept the same for said college in behalf of the Commonwealth, whereupon such transfer shall bo made by suitable conveyance, and when such transfer shall be made the said Massachusetts agri- cultural experiment station shall be deemed to be a part of, and to belong to, the experiment department of said college, under such name as said trustees may designate." (Approved February 15, 1895.) Ibid., 1895, Resolves, chapter 43: Appropriates $5,500 for entomological and military accommodations. Ibid., 1896, Resolves, chapter 98: Appropriates $13,900 for repairs and additions; also " from and after the 1st day of January, 1897. there shall be allowed and paid annually from the treasury of the Commonwealth, in accordance with chapter 19 of the Resolves of 1892, for the term of four years, the sum of $10,000 for the following purposes to wit, $5,000 for the continuance of a labor fund to assist 7ieedy students of said college, and $5,000 to provide the theoretical and practical education required by its charter and the law of the United States relating there- to." (Approved May 15. 1896.) Ibid., 1M97, Resolves, chapter 15: Appropriates $12,000 to be expended for water works ai:d repairs, and instruction in "botany. Ibid.. 1898, Resolves, chapter 109: Appropriates $28,000 for veterinary labora- tory and stable hospital, chemical apparatus and experimental dairy department. Ibid., 1899, Resolves, chapter 70: That there be allowed and paid out of the treasury of the Commonwealth to the Massachusetts Agricultural College the sum of x 1 0,000, to provide the theoretical and practical education required by its charter and the law of the United States relating thereto, said sum to be paid in quarterly installments commencing with the 1st day of January, 1899. (Approved May 2, 1899.) Ibid., 1900. Resolves, chapter 50: That there be allowed and paid out of the treasury of the Commonwealth to the Massachusetts Agricultural College for the purpose of providing the instruction called for by its charter and by the law of the United States relating to the college, the sum of $8,000 annually for the term of four years beginning with the 1st day of January, 1900, the same to be paid in equal quarterly installments; and further that there be allowed and paid in the s:ime manner to the said college an additional sum of $10,000 annually for the term of four years beginning with the 1st day of January in the year 1901; of which $5,000 a year shall be devoted to the purpose already stated, and $5,000 a year shall be used as a labor fund for the assistance of needy students of the college. (Approved April 1 1 , 1900. ) Ibid., 1901, chapter 53: The sums hereinafter mentioned are appropriated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the purposes specified, for the year ending on the 31st of December, 1901, to wit: For the Massachusetts Agricultural College, for the purpose of providing 80 free scholarships, the sum of $10,000. For the Massachusetts Agricultural College the sum of $10.000, to be expended under the direction of the trustees for the fol- lowing purposes, to wit: Five thousand dollars for the establishment of a labor fund to assist needy students of teaid college, and $5.000 to provide the theoretical and practical education required by its charter and by the laws of the United States relating thereto. For the Massachusetts Agricultural College, for the pur- pose of providing the instruction called for by its charter and by the law of the United States relating to the college, the sum of $8,000. For traveling and other necessary expenses of the trustees of the Massachusetts Agricultural College, a sum not exceeding $500. For a maintenance fund for the veterinary laboratory 64 EDUCATION EEPOKT, 1903. at the Massachusetts Agricultural College the sum of $1 ,000. (Approved February 14, 1901.) Ibid., 1901, Resolves, chapter 14: Appropriates $8,500 for painting buildings, repairs, and equipment. Ibid., 1901, Resolves, chapter 106: Appropriates $400 for purchasing band instru- ments. Ibid., 1902, chapter 46: Appropriates $10,000 for maintenance of experiment station and $1 ,200 for collecting and analyzing samples of concentrated commer- cial feed stuffs. Ibid., 1902, chapter 66: Appropriates for the year ending December 31, 1902, like amounts for like purposes as appropriated in acts 1901, chapter 53. Ibid. , 1902, Resolves, chapter 69: Appropriates $35,000 for a central heating plant; $35,000 for erecting, equipping, and furnishing a dining hall, and $1,000 for the maintenance of the dining hall. Ibid., 1902. Resolves, chapter 81: Appropriates $200 for the expenses of the band and for the purchase of a flag for the use of the cadets. " Revised Laws" of. Massachusetts, 1902, chapter 89: SECTION 1. The governor and lieutenant-governor, ex officiis, the secretary of the Commonwealth, the presi- dent of the agricultural college, the secretary of the State board of agriculture, one person appointed from and by the Massachusetts Society for Promoting Agri- culture, one person appointed from and by each agricultural society which receives an annual bounty from the Commonwealth, and three other persons appointed by the governor, with the advice and consent of the council, shall constitute the State board of agriculture. SEC. 10. The board shall be a board of overseers of the Massachusetts Agricul- tural College, with powers and duties to be defined by the governor and council, but such powers and duties shall not control the action of the trustees of said college or be inconsistent with the provisions of chapter 220 of the acts of 1863. Acts and Resolves, 1861, chapter 183: SECTION 1. William B. Rogers and (here follow the names of 20 other incorporators) their associates and successors are hereby made a body corporate by the name of the Massachusetts Institute of Technology, for the purpose of instituting and maintaining a society of arts, a museum of arts, and a school of industrial science, and aiding generally by suit- able means the advancement, development, and practical application of science in connection with arts, agriculture, manufactures, and commerce: with all the powers and privileges, and subject to all the duties, restrictions, and liabilities set forth in the sixty-eighth chapter of the general statutes. SEC. 2. Said corporation for the purposes aforesaid shall have authority to hold real and personal estate to an amount not exceeding $200,000. SEC. 3. One certain square of State land on the Back Bay, namely, the second square westwardly from the Public Garden, between Newbury and Boylston streets, according to the plan reported by the commissioners on the Back Bay, February 21, 1857, shall be reserved from sale forever, and kept as an open space, or for the use of such educational institutions of science and art as are herein- after provided for. SEC. 4. If at any time within one year after the passage of this act the said institute of technology shall furnish satisfactory evidence to the governor and council that it is duly organized under the aforesaid charter, and has funds sub- scribed or otherwise guaranteed for the prosecution of its objects to an amount at least of $100,000, it shall be entitled to a perpetual right to hold, occupy, and control, for the purposes hereinbefore mentioned, the westerly portion of said second square to the extent of two-thirds part thereof free of rent or charge by the Commonwealth, subject, nevertheless, to the following stipulations, namely: Persons from all parts of the Commonwealth shall be alike eligible as members of said institute or as pupils for its instruction, and its museum or conservatory of arts at all reasonable times and under reasonable regulations shall be open to the public; and within two years from the time when said land is placed at its dis- posal for occupation, filled and graded, said institute shall erect and complete a building suitable to its said purposes, appropriately inclose, adorn, and culti- vate the open ground around said building, and shall thereafter keep said grounds and building in a sightly condition. SEC. 8. [This and the following section were repealed, chapter 226, 1863.] The commissioners on the Back Bay are hereby instructed to reserve from sale the lots fronting on said square on Boylston, Clarendon, and Newbury streets until said societies [Massachusetts Institute of Technology and Boston Society of a Chapter 68 of the Powers, duties, and liabilities of corporations. LAWS RELATING TO LAND-GRANT COLLEGES. 65 Natural History] shall by inclosnre and improvements put said square in a sightly and attractive condition. SEC. 9. Upon the passage of this act the governor, with the advice and consent of the council, shall appoint three disinterested persons who shall appraise the value of all the lands specified in the third and eighth sections of this act and make a return of said appraisal to the governor and council; and if, when the lands mentioned in section 8 shall have been sold, the proceeds of such sales shall not be equal to the whole amount of the appraisal above mentioned, then the societies named in this act shall pay the amount of such deficit into the treasury of the Commonwealth for the school fund in proportion to the area granted to them, respectively. SEC. 10. This act shall be null and void unless its provisions shall be accepted within one year by the Massachusetts Institute of Technology and the Boston Society of Natural History, as far as they apply to those societies, respectively. (Approved April 10, 1861.) Ibid., 1863, chapter 186: SECTION 1. When the Massachusetts Institute of Tech- nology shall have been duly organized, located, and established in conformity with the provisions of chapter 183 of 1861, and the extension of time granted in 1862 and as is hereinafter provided, there shall be appropriated and paid to its treasurer each year, on the warrant of the governor, for its endowment, support, and mainte- nance one-third part of the annual interest or income which may be received from the fund created under and by virtue of the act of Congress approved July 2, 1862, and the laws of this Commonwealth accepting the provisions thereof and relating to the same. SKC. 2. Said institute of technology, in addition to the objects set forth in its act of incorporation to wit, instituting and maintaining a society of arts and a school of industrial science, and aiding the advancement, development, and prac- tical application of science in connection with arts, agriculture, manufactures, and commerce shall provide for instruction in military tactics: and in considera- tion of this grant the governor, the chief justice of the supreme judicial court, and the secretary of the board of education, shall be each a member ex officio of the government of the institute. SEC. 3. Should the said corporation, at any time, cease or fail to maintain an institute, as and for the purposes provided in its act of incorporation, and in the foregoing section, the aid granted to it by the first section of this act shall be withheld and not paid to it. The institute shall furnish to the governor and coun- cil a copy of the annual reports of its operations. SEC. 4. This act shall bo void unless the said institute of technology shall accept the same, and give due notice thereof to the secretary of the Commonwealth on or before July 1 next. (Approved April 27, 1863.) Ibid., 1805. chapter 220: SECTION 1. The Massachusetts Institute of Technology is hereby authorized to hold real and personal estate to an amount of which the clear annual income shall be $130,000, to be devoted exclusively to the purposes and objects set forth in its acts of incorporation and all acts in addition thereto. (Approved May 10, 1865. ) Ibid., 1873, chapter 174: SECTION 1. Perpetual right is granted to the Massachu- setts Institute of Technology to hold, occupy, and control, free of rent or charge by the Commonwealth , for the uses and purposes of said institute, a parcel of land situ- ated in that part of Boston called the Back Bay, and described as follows: A lot in the form of a trapezoid. lying at the intersection of Boylston street and Huntington avenue, bounded by said street and avenue, and on the west by abutting land, as laid down on the selling plan of the commissioners on public lands, and containing 1:5. 1 .)4 square feet; said lot to be subject to the limitations and stipulations relative to lands of the Commonwealth -on the south side of Boylston street, and to be reserved from sale forever. SEC. 2. The right hereby granted to said institute shall be held subject to the same stipulations in relation to membership, the reception of pupils, the erection of a building, and the care of the lot, as are created and established by the several acts relating to said institute. SEC. 3. In case said institute appropriates said lot of land to any purpose or use foreign to its legitimate objects, then the Commonwealth, after clue notice given, may enter upon said lot and take possession thereof, and the right of the said insti- tute to the use, occupation, and control of said lot shall thereupon cease. (Approved April8, 1873.) Ibid. , 1875, chapter 195: SECTION 1. The governor and council are hereby author- ized to grant to the Massachusetts Institute of Technology the right to hold, ED 1003 5 66 EDUCATION EEPOET, 1903. occupy, and control such a parcel of land out of the lands of the Commonwealth, situated in that part of Boston called the Back Bay, as they shall deem a fail- equivalent for the similar right with regard to the parcel of land granted to said institute by chapter 174, acts of 1873. Ibid., 1880, Resolves, chapter 21: That the governor be, and hereby is, author- ized to issue to the president of the Massachusetts Institute of Technology such arms and equipments for the use of the students of said institute as in his judg- ment may be so distributed without detriment to the militia service: Provided, The president and treasurer of said Massachusetts Institute of Technology shall give bond with sufficient sureties for the safe-keeping and return of said arms and equipments in good order and condition, reasonable use excepted, whenever the governor shall so direct. (Approved March 11, 1880.) Ibid., 1887, Resolves, chapter 103: That there be allowed and paid out of the treasury of the Commonwealth the sum of $100,000 to the corporation of the Massachusetts Institute of Technology in the manner following: An installment of $50,000 on the 1st day of December in the present year and a final installment of $50,000 on the 1st day of December in the year 1888, said sums to be applied to the purposes of the institute; and in consideration of this grant said institute shall establish and maintain 20 free scholarships, and each senatorial district in this Commonwealth shall, once in eight years, in such alternate order as the board of education shall at the time of the first appointment of said scholarships determine by lot be entitled to one scholarship for a period of four years, to be awarded to such candidates as shall be found upon examination to possess the qualifications fixed for the admission of students to said institute, and who shall be selected by the board of education, preference in the award being given to qualified can- didates otherwise unable to bear the expense of tuition. In case no candidate appears from a senatorial district, then a candidate may be selected from the State at large to fill such vacancy, who may continue to hold the scholarship annually until a candidate is presented from the senatorial district unrepresented, who shall then be awarded the scholarship for the balance of the time for which said district would originally have been entitled to its benefit. In case a vacancy occurs in any senatorial district after an appointment has been made, then a can- didate from the same district shall be selected for the balance of the time for which said district is entitled to its benefit, or in the event of no such candidate appearing, from the State at large, upon the conditions previously set forth: Pro- vided, That said corporation shall secure, prior to the first payment above author- ized, a further sum of $100,000, in addition to the funds now held by it, and to be applied to the purposes of the said institute, and shall present satisfactory evidence thereof to the auditor of the Commonwealth. (Approved June 16, 1887.) Ibid. , 1888, Resolves, chapter 83: That there be allowed and paid out of the treas- ury of the Commonwealth the sum of $100,000 to the corporation of the Massa- chusetts Institute of Technology, in addition to the sum authorized to be paid by chapter 103 of the resolves cf 1887, to be applied to the purposes of said institute, provided, however, that this grant is made subject to and conditional upon the establishment and maintenance of the scholarships provided for by chapter 103 of the resolves of 1887, and provided further, that $50,000 of the aforesaid sum shall be paid during the year 1889 and $50,000 during the year 1890. (Approved May 23, 1888.) Ibid., 1895, Resolves, chapter 70: That there shall be paid annually, for the term of six years, from the treasury of the Commonwealth to the treasurer of the Massachusetts Institute of Technology, the sum of $25,000, to be so paid and allowed from the 1st day of January in 1896, to be expended under the direction of said corporation for the general purposes of said institute. That in addition to the amount provided for above there shall be paid annually, for the term of six years, from the treasury of the Commonwealth to the treasurer of the Massachu- setts Institute of Technology, the sum of $2.000, to be so paid and allowed from the 1st day of January, 1896, to be expended for 10 free scholarships, under the direction of the State board of education, said scholarships to be awarded only to graduates of the Massachusetts public schools. (Approved April 17, 1895.) Ibid., 1896, chapter 310: SECTION 1. There shall be paid annually from the treas- ury of the Commonwealth to the treasurer of the Massachusetts Institute of Tech- nology; from and after the 1st day of September, 1896, the sum of $4,000. SEC. 2. In consideration of such payment and of the grant made by chapter 103 of the resolves of 1887. the Massachusetts Institute of Technology shall maintain 40 free scholarships, of which each senatorial district in the Commonwealth shall be entitled to one, if a candidate is presented who is otherwise unable to bear the expense of tuition. In case no such candidate appears from a senatorial district, then a candidate may be selected from the State at large to fill such vacancy, who LAWS RELATING TO LAND-GRANT COLLEGES. 67 may continue to hold the scholarship annually until a candidate is presented from the senatorial district unrepresented. SEC. 3. The scholarships shall be awarded to such pupils of the public schools of Massachusetts as shall be found upon examination to possess the qualifications fixed for the admission of students to said institute, and who shall be selected by the board of education, preference in the award being given only to qualified can- didates otherwise unable to bear the expense of tuition. SEC. 4. So much of chapter 103 of the resolve's of 1887 as relates to State scholar- ships, and so much of chapter 70 of the resolves of 1895 as provides an annual appropriation of $2,000 for the maintenance of 10 free scholarships, are hereby repealed. (Approved April 27, 1896.) Ibid., 1897, chapter 31: SECTION 1. The sum of $29,000 is hereby appropriated to be paid out of the treasury of the Commonwealth from the ordinary revenue to the Massachusetts Institute cf Technology. (Approved February 2, 1897.) Same for 1898, 1899, 1900, 1901, 1902. Ibid., 1898, Resolves, chapter 493: SECTION 1. The State board of education may in its discretion award that any free scholarship which either the Massachusetts Institute of Technology or the Worcester Polytechnic Institute is required to maintain under the provisions, respectively, of chapters 310 and 407 of 1896, shall be divided between two pupils. The scholarships so divided shall be called half scholarships, and neither of said institutions shall require from any pupil to whom a half scholarship has been awarded payment of more than one-half of the regular charge or fee for tuition paid by pupils not holding scholarships. (Approved June 2, 1898.) Ibid. , 1901 , Resolves, chapter 51 : That there be paid annually for the term of ten years, from the treasury of the Commonwealth to the treas-urer of the Massachu- setts Institute of Technology, the sum of $25,000, to be so paid and allowed from the 1st day of January, 1902, and to be expended under the direction of the institute for the general purposes thereof. (Approved April 4, 1901.) MICHIGAN. Constitution (1850), Article IV: SEC. 40. No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theolog- ical or religious seminary, nor shall property belonging to the State be appropri- ated for any such purposes. Article XIII: SEC. 2. The proceeds from the sales of all lands that have been or hereafter may be granted by the United States to the State for educational pur- poses, and the proceeds of all lands or other property given by individuals or appropriated by the State for like purposes shall be and remain a perpetual fund, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and annually applied to the spe- cific objects of the original gift, grant, or appropriation. SEC. 11. The legislature shall encourage the promotion of intellectual, scien- tific, and agricultural improvement; and shall, as soon as practicable, provide for the establishment of an agricultural school. The legislature may appro- priate the twenty-two sections of salt spring lands now unappropriated, or the money arising from the sale of the same, where such lands have been already sold, and any land which may hereafter be granted or appropriated for such purpose, for the support and maintenance of such school, and may make the same a branch of the university for instruction in agriculture and the natural sciences connected therewith, and' place the same under the supervision of the regents of the university. [The following matter is taken from "The Compiled Laws of the State of Michigan, 1897, by Lewis M. Miller," 3 vols. and index, Lansing, 1899. ] SEC. 1834. A board is hereby constituted and established which shall be known under the name and style of the ** State board of agriculture." It shall consist of six members besides the governor of the State and the president of the State Agricultural College, who shall be ex-officio members of the board. The governor, by and with the consent of the senate, on or before the third Wednesday of January of each biennial session, shall appoint two suitable persons to fill the vacancies that shall next occur, which vacancies shall be so filled that at least one- half the members shall be practical agriculturists. SEC. 1835. The State board of agriculture shall be a body corporate, capable in law of suing and being sued, of taking, holding, and selling personal and real 68 EDUCATION KEPOET, 1903. estate, of contracting and being contracted with, of having and using a corporate seal, and of causing to be done all things necessary to carry out the provisions of this act. SEC. 1836. Any vacancy in the said board caused by death, resignation, or removal from the State may be filled by a majority of the members. A majority shall be a quorum for the transaction of business. The members of the board shall receive no per diem compensation for their services, but shall be paid their traveling and other expenses while employed on the business of the board. SEC. 1837. They shall meet quarterly at stated times at the State Agricultural College, and may meet at such other times and places as they may determine. SEC. 1838. At their first meeting the members shall choose one of their number as president of their own board. SEC. 1839. At their first meeting, or as soon after as a competent and suitable person can be obtained, they shall choose a secretary of the board. If chosen from their own number, a vacancy shall be thus created in the board. A treasurer shall also be chosen, at their first meeting, who mayor may not be from the mem- bers of their board, as they shall determine. They shall take such bonds from the secretary and treasurer as shall be deemed adequate to secure the faithful per- formance of their duties by those respective officers. The secretary and treasurer shall be chosen biennially and shall hold their offices for two years from the last Wednesday of February, or till their successors are chosen. SEC. 1840. The board shall direct the disposition of any moneys appropriated to the State Agricultural College. SEC. 1841. The secretary of the board shall reside at or near the agricultural college, and keep his office at the city of Lansing in the State buildings, or at the institution, as the board shall direct. It shall be his duty to keep a record of the transactions of the State board of agriculture and of the State Agricultural College and farms, which shall be open at all times to the inspection of any citizens of this State. He shall also have the custody of all books, papers, documents, and other property which may be deposited in his office. [Here follows a long enumeration of duties not strictly appertaining to the agricultural college but rather to the agricultural and horticultural interests of the State.] SEC. 1843. The secretary shall receive as a compensation for his services a salary of $1,000 per annum, to be paid quarterly from the State treasury, in the same manner as is provided by law for the payment of the salaries of State officers. SEC. 1844. The State agricultural school, established by an act, No. 130,1855, in obedience to section 11, article 13, of the constitution, shall be known by the name and style of " The State Agricultural College." The design of the institution, in fulfillment of the injunction of the constitution, is to afford thorough instruction in agriculture and the natural sciences connected therewith. To effect that object most completely the institution shall combine physical with intellectual education and shall be a high seminary of learning in which the graduate of the common school can commence, pursue, and finish a course of study terminating in thorough theoretic and practical instruction in those sciences and arts which bear directly upon agriculture and kindred industrial pursuits. SEC. 1845. [Amended by act No. 202, 1901, q. v.] No student shall be admitted to the institution who is not fifteen years of age and who does not pass a satisfac- tory examination in arithmetic, geography, grammar, reading, spelling, and pen- manship. SEC. 1846. The course of instruction shall embrace the English language and lit- erature, mathematics, civil engineering, agricultural chemistry, animal and vege- table anatomy and physiology, the veterinary art, entomology, geology, and such other natural sciences as may be prescribed, technology, political, rural, and house- hold economy, horticulture, moral philosophy, history, bookkeeping, and especially the application of science and the mechanic arts to practical agriculture in the field. SEC. 1847. A full course of study in the institution shall embrace not less than four years. The State board of agriculture may institute winter courses of lec- tures for others than students of the institution under necessary rules and regu- lations. SEC. 1848. The academical year shall consist of not less than nine calendar months. This academical year may be divided into such terms by the State board of agriculture as, in their judgment, will best secure the objects for which the college was founded. The board may at any time temporarily suspend the college in case of fire, the prevalence of fatal diseases, or of other unforeseen calamity. SEC. 1849. Three hours of each day shall be devoted by every student of the col- lege to labor upon the farm, and no person shall be exempt except for physical disability. By a vote of the board of agriculture, at such seasons and in such exi- LAWS RELATING TO LAND-GRANT COLLEGES. 69 gencies as demand it, the hours of labor may be increased to four hours or dimin- ished to two and one-half hours. SEC. 1850. The State board of agriculture shall be vested with discretion to charge tuition or not, as they may deem most conducive to the interests of the institution, unless acts of the legislature making appropriations shall otherwise direct. The board may make discriminations in regard to tuition between students from this State and from other States. One-third of the tuition charged for the academic term shall be paid in advance and shall be forfeited in case the student abandons the institution. SEC. 1851. The State board of agriculture shall have the general control and supervision of the State Agricultural College, the farm pertaining thereto, and the lands which may be vested in the college by State legislation; of all appropri- ations made by the State for the support of the same, and also the management of any lands that may hereafter be donated by the General Government to this State in trust for the promotion of agriculture and industrial pursuits. The board shall have plenary power to adopt all such ordinances, by-laws, and regulations not in conflict with this act, as they may deem necessary to secure the successful operation of the college and promote its designed objects. SEC. 1832. It shall be the duty of the State board of agriculture to choose a presi- dent of the State Agricultural College before the commencement of the next term of the institution; they shall then proceed to choose such professors, tutors, and employees as the necessities of the institution demand. In case of vacancy in the office of president, or in case a suitable man can not be selected, the president of the State board of agriculture or such member of the board as shall be designated by them shall be president pro tern, of the college, who shall receive such com- pensation for his services as the board shall determine. SEC. 1853. The board shall fix the salaries of the president, professors, and other employees, and prescribe their respective duties. The board may remove the president or subordinate officers and supply all vacancies. Sir. 1854. The board shall have power to regulate the course of instruction and prescribe, with the advice of the faculty, the books to l>e used in the institution, and also to confer for similar or equal attainments similar degrees or testimonials to those conferred by the University of Michigan. SEC. 1855 [as amended by laws, 1901, No. 2021. The president, professors, farm manager, and tutors shall constitute the faculty of the State Agricultural Col- lege. The president of the college shall be the president of the faculty, and the faculty shall select one of their own number to act as secretary of the faculty. SEC. 1856. The faculty shall pass all needful rules and regulations necessary to the government and discipline of the college, regulating the routine of labor, study, meals, and the duties and exercises, and all such rules and regulations as are nec- essary to the preservation of morals, decorum, and health. SEC. 1857. The faculty shall have charge of the laboratories, library, and muse- ums of the institution. SEC. 1858. The faculty shall make an annual report by the first Wednesday of December of each year to the State board of agriculture, signed by the president and secretary, containing such information and recommendations as the welfare of the institution in their opinion demands. Any members of the faculty may make a minority report if they disagree with the conclusions of the majority, which the faculty shall communicate to the board. No communication at any other time, from members of the faculty, shall be entertained by the board, unless they have been submitted to a meeting of the faculty and sanctioned by a majority. SEC. 1859. The president shall be the chief executive officer of the State Agricul- tural College, and it shall be his duty to see that the rules and regulations of the State board of agriculture and the rules and regulations of the faculty be observed and executed. SEC. 1860. The subordinate officers and employees not members of the faculty shall be under the direction of the president, and, in the recess of the board, removable at his discretion, and he may supply vacancies that may be thus or otherwise created; his action in these respects shall be submitted to the approval of the State board of agriculture at their next meeting. SEC. 1861. The president may or may not perform the duties of a professor, as the State board of agriculture shall determine. If he performs the duties of a professor, or in case the duties of president are exercised by a president pro tern., a superintendent of the farm may be appointed, who shall have the general super- intendence of the business pertaining to the farm, the land, and other property of the institution and who shall be a member of the faculty. SEC. 1862. The president and secretary, together with the superintendent of the farm, if there be one, and in case there is not one, then one of the professors, to 70 EDUCATION BEPOKT, 1903. be elected by the faculty, shall constitute a committee to fix the rate of wages allowed to students and rate of board. In assessing the board, it shall be so estimated that no profit shall be saved to the institution and as near as possible at the actual cost. The rate of wages allowed and the rate of charge for board shall, if practicable, be submitted to the State board of agriculture before they take effect. SEC. 1863. For current expenditures at the State Agricultural College specific sums shall be set aside, in the hands of their treasurer, by the State board of agriculture, which shall be subject to the warrants of the president of the college, countersigned by the secretary of the board. All moneys due to the institution or received in its behalf shall be collected and received by the secretary and deposited by him with the treasurer of the State board of agriculture. The secretary shall, with his annual report, render a full and complete account of all moneys received and all warrants drawn on the treasurer, as secretary of the college, and shall file and preserve all vouchers, receipts, correspondence, or other papers relating thereto. SEC. 1884. The superintendents of the farm, horticultural, and other depart- ments, the curators of the museums, and each of the professors, shall iiake a written and detailed report of the workings of their several departments annually to the president of the college, which said reports shall be kept on file in the office of the secretary of the State board of agriculture. Agricultural operations on the farm shall be carried on experimentally. Careful experiments shall be made annually in field crops, in keeping, feeding, and fattening stock, and the prepara- tion and application of barnyard and commercial manures, and a detailed account of them shall be published in the annual reports of the board. The college shall serve also as an experimental station, making trial from time to time of new varie- ties of fruits, grains, and vegetables. The reports shall contain an account of the management of all the several fields, pastures, orchards, and gardens. of the col- lege, as designated by permanent names or numbers, and shall give an account of the preparation and enriching of the land, the planting, cultivation, harvesting, and yield of the crops and disposition of the same; the management of the stock, with a careful comparison of the cost of keeping, growth, and profit of the several breeds kept on the farm; also an account of the students' labor, specifying the amount used in each of the several departments of the college, with other details, in such a way that the reports as issued from year to year shall contain a con- tinuous history of the college, farm, and garden: Provided, That the State board of agriculture shall deem the same practicable or advisable. SEC. 1865. All the swamp lands granted to the State of Michigan by act of Con- gress approved September 28, 1850, situate in the townships of Lansing and Me- ridian, in the county of Ingham, and Dewitt and Bath, in the county of Clinton, of which no sale has been made, or for which no certificates of sale have been issued by the commissioner of the land office, are hereby granted and vested in the State board of agriculture and placed in the possession of the State Agricultural College for the exclusive use and benefit of the institution, subject only to the provisions relating to drainage and reclamation of the act of Congress donating the same to the State. SEC. 1866. The State board of agriculture shall have authority to sell and dispose of any portions of the swamp lands mentioned in the preceding section of this act and use the same, or the proceeds thereof, for the purpose of draining, fencing, or in any manner improving such other portions of said lands as it may be deemed advisable to bring under a high state of cultivation for the promotion of the objects of the State Agricultural College. The terms and the conditions of the sale of the portions of the above-described lands thus disposed of shall be prescribed by the State board of agriculture, and deeds of the same, executed and acknowledged in their official capacity by the president and secretary of the State board of agricul- ture, shall be good and valid in law. SEC. 1867. David Carpenter [and 5 other persons] are hereby constituted and appointed the first State board of agriculture. At their first meeting, which the governor of the State is hereby authorized and directed to call at as early a day as practicable, they shall determine by lot their several periods of service, 2 of whom shall serve for two years, 2 of whom shall serve for four years, and 2 of whom shall serve for six years, respectively, from the third Wednesday of January last past, when they are superseded by appointments in accordance with the provisions of section 1834, or until their successors are chosen. SEC. 1868. That the State board of agriculture be, and they are hereby, author- ized to provide from time to time in bulletin form, for the dissemination among the people of this State and through the medium of the public press, the results of experiments made in any of the different departments of the agricultural college LAWS RELATING TO LAND-GEANT COLLEGES. 71 and such other information that they may deem of sufficient importance to require it to come to the immediate knowledge of the fanners and horticulturists of the State. SEC. 1869. The several professors of chemistry, zoology, botany, agriculture, horticulture, and veterinary science shall each, at least twice in each year, not excluding the president and other professors, prepare for publication an article embracing such facts as they may deem of public importance, a copy of which shall be simultaneously sent to each and every newspaper published in the State, and to such persons as the State board of agriculture may think proper; said pro- fessors to so arrange that at least one of said articles shall be sent out, as above provided, the first week of each and every month in each and every year. SEC. 1870. The board of State auditors shall, upon the approval of the State board of agriculture, audit the accounts for printing, stationery, and postage incurred in the publishing and disseminating of said bulletins, and the same shall be paid out of the general fund: Provided, That no account for printing the same in any newspaper shall be allowed. SEC. 1871. The legislative assent required by section 9 of act of Congress approved March 2, 1887, being an act "to establish agricultural experiment stations," is hereby given, and the moneys thereby given are accepted under the conditions and terms in said act named. SEC. 1872. The moneys derived by authority of said act shall be exclusively used in support of the department designated as "an agricultural experiment station" in connection with the State Agricultural College of Michigan. SEC. 1873. The legislative assent required by section 2 of act of Congress approved August 30, 1890, is hereby given, and the moneys thereby given are accepted under the conditions and terms in said act named. SEC. 1874. The moneys derived by authority of said act shall be used exclusively in support of the State Agricultural College of Michigan. SEC. 1875. In addition to the course of instruction already provided for by law for the agricultural college of this State, there shall be added military tactics and military engineering. SEC. 1876. The State board of agriculture are hereby authorized and required to make such additional rules and regulations for the government and control of the agricultural college as may be necessary to carry into effect the provisions of section 1875. SEC. 1877. The State board of agriculture shall, by and with the advice and con- sent of the governor, the adjutant-general, and quartermaster-general, procure, at the expense of the State, all such arms, accoutrements, books, and instruments, jind appoint such additional professors and instructors as, in their discretion, may be necessary to carry into effect the provisions of this act: Provided, That nothing in tins act shall be construed to authorize the incurring of any indebtedness against the State, or the expenditure of money beyond the appropriations made to the agricultural college. [By act No. 1 65 of 1883 the quartermaster-general is ' ' author- ized, with the advice and consent of the military board, to deposit with the State board of agriculture, at the agricultural college, arms and accoutrements for the use of said college." ] Si.c. 1878. The State board of agriculture is hereby authorized to hold institutes and to maintain courses of reading and lectures for the instruction of citizens of this State in the various branches of agriculture and kindred sciences. The said board shall formulate such rules and regulations as it shall deem proper to carry on the work contemplated in this act, and may employ an agent or agents to per- form such duties in connection therewith as it shall deem best. SEC. 1879. When 20 or more persons, residents of any county in this State, organ- ize themselves into a society to be called *' The County Farmers' Institute Society," for the purpose of teaching better methods of farming, stock raising, fruit culture, and all the branches of business connected with the industry of agri- culture, and adopt a constitution and by-laws agreeable to rules and regulations furnished by the State board of agriculture, and when such society shall have elected such proper officers and performed such other acts as may be required by the rules of said board, such society shall be deemed an institute society in the meaning of this act: Provided, That not more than one such institute society in any county shall be authorized by this act: And provided further . That any exist- ing organization approved by the board of agriculture shall be considered a legally organized institute society under the terms of this act. SEC. 1880. In each county where an institute society Shall be organized and main- tained under the provisions of this act the State board of agriculture shall hold one annual institute at such place in the county and at such time as said board may deem expedient and shall furnish for the institute a lecturer or lecturers with 72 EDUCATION REPORT, 1903. all expenses paid. The county institute society shall provide a suitable hall for the institute, furnish fuel and lights, and pay other local expenses, and shall pro- vide speakers who shall occupy one-half the time of the institute that is given to set addresses: Provided, That upon the request of any institute society which desires to conduct its own institute and to employ lecturers from outside of the county in lieu of lecturers sent by the State board of agriculture, the said board may, in its discretion, grant to the society from the institute fund money not to exceed $25, said money to be expended by the society entirely in payment of serv- ices and expenses of said lecturers. SEC. 1881. The State board of agriculture is further authorized to hold a num- ber of one-day institutes in such counties as it may deem expedient. Also, if the funds appropriated by this act permit, the same board may hold a number of four- day institutes at such places and times as said board may determine, at which the primary object shall be to furnish a school of instruction in practical agriculture and kindred sciences. SEC. 1882. The State board of agriculture shall maintain the course of reading known as " The Farm Home Reading Circle," and may expend from the moneys appropriated by this act a sum not to exceed $200 for each of the two years for which the appropriation is made for the maintenance and extension of said course. SEC. 1441. The money received from the sale of said lands [granted by act of Congress of July 2, 1862] shall be paid into the State treasury and shall be placed in the general fund, but the amount thereof shall be placed to the credit of the agricultural college fund upon the books of the auditor-general, and the annual interest thereon, computed at 7 per cent, shall be regularly applied under the direc- tion of the State board of agriculture to the support and maintenance of the State Agricultural College, where the leading object shall be without excluding other scientific and classical studies, and including military tactics to teach such branches of learning as are related to agriculture and the mechanic arts, in order to promote the liberal and practical education of the industrial classes in the sev- eral pursuits and professions of life. SEC. 1442. The State board of agriculture shall, from time to time, in their discre- tion, as they may deem necessary to protect the best interests of the State, cause the lands under their care to be examined and their value and condition ascertained. To this end they may appoint one or more agents, who shall make careful, personal examination of the lands which they are appointed to examine and report fully as to their character, value, and condition at the time of such examination, and in case any of said lands have been trespassed upon and their value deteriorated thereby, the agent examining such lands shall carefully estimate and report the amount and character of timber probably cut and removed, the date of the cutting, and, if possible, by whom or for whom the cutting was done. Upon receiving such reports of examination, the State board of agriculture shall consider them, and if, in the opinion of the board, the best interests of the State would be promoted by changing the price or terms of sale of any or of all the lands concerned, the said board may alter by reducing or advancing the price per acre or the conditions of pay- ment: Provided, That not less than 25 per cent of the purchase money shall be paid at the time of purchase. And when the price and terms are so fixed the said board shall fix the time when the change, if any be made, will take effect, and cause the same to be published. SEC. 1443. The said State board of agriculture shall certify from time to time to the auditor-general the amounts required for the services and expenses of examining agents, and for such other expenses as may be necessary for the proper care and disposition of said lands, and the auditor-general shall draw his warrant upon the State treasurer for the amounts thus certified, and the State treasurer shall pay the same out of the general fund. All contracts and certificates of said board shall be signed by the chairman and countersigned by the secretary of the State board of agriculture. SEC. 1444. In the sale of lands the principal value of which consists in the timber the commissioner of the State land office shall require the payment of the entire amount of purchase money at the time of purchase, or such portion of the same above one-fourth as he may deem for the best interest of the State. SEC. 4791. The superintendent of public instruction shall prepare for district schools a course of study, comprising the branches now required for third-grade certificates, which shall be known and designated "the agricultural college course," and upon the satisfactory completion of this course of study, as evi- denced by a diploma or certificate, duly signed by the county commissioner of schools, pupils shall be admitted to the freshman class of the agricultural college without further examination. It shall be the duty of the secretary of the agri- cultural college each year to send to each rural school district in the State a LAWS RELATING TO LAND-GRANT COLLEGES. 73 college catalogue, and upon application to furnish to such schools such other information as may be desired relative to said college. Such catalogue and other information shall be kept in each school for reference. SEC. 1522. It shall be the duty of said board to cause ample materials to be collected for the illustration of every department of the geology and mineralogy of the State, and to label, arrange, and prepare the same for exhibition in suita- ble cases in the museums of the State university, agricultural college, and State normal school, and in each of the incorporated colleges of the State, and in a room in connection with the State library. Public Acts, 1899, No. 106: Appropriates for 1900 and 1901, $132,000 for build- ings, equipment, repairs, and students' labor. Ibid., 1899, No. 250: Any five or more persons of full age residing in the State of Michigan may associate and incorporate themselves together for the purpose of establishing loan-funds for the benefit of scholars and students of this State, to assist them to attend the University of Michigan, the Michigan State Agricul- tural College, etc. [Approved June 15, 1899.] Ibid., 1901, No. 144: SECTION 1. The township board of any township, not hav- ing \vithin its limits an incorporated village or city, upon the petition of not less than one- third of the taxpayers of such township for the establishment of a rural high school, shall submit such question to a vote of the qualified electors of said township at a special election called for that purpose within sixty days from date of receipt of said petition. SEC. 3. If more votes are cast in favor of such high school than against it at such election, the qualified electors of said township shall elect at their next annual election of township officers a board of trustees of three members. * " * The township clerk shall be ex officio member and the clerk of the board, and the township treasurer shall be ex officio member and treasurer of the board, with the same power as other members of the board. SEC. 4. * * The board shall have power * * * (g) to provide a course of study which shall bo approved by the superintendent of public instruction and the president of the Michigan Agricultural College, and shall not consist of more than four years' work. Said course of study may include instruction in manual training, domestic science, nature study, and the elements of agriculture. [Approved May 21, 1901.] Ibid., 1901, No. 232: There shall be assessed in the year 1901 and each year thereafter, upon the taxable property of the State as fixed by the State board of equalization in the year 1901 and each five years thereafter, for the use and niaiii- tenance of the Michigan Agricultural College, the Upper Peninsula Experiment St:it i' >n , a:id s ich other experiment stations as have beenestablished, the sum of one- tenth of a mill on each dollar of said taxable property, provided that not more than $100,000 shall be assessed in any one year. The State board of agriculture shall make an annual report to the governor of the State of all the receipts and expenditures of the Michigan Agricultural College, the Upper Peninsula Experi- ment Station, and such other experiment stations as have been established. SKI'. 2. Any amount standing to the credit of the college in the agricultural college interest fund. June 30, 1901, may, in the discretion of the Michigan State board of agricnlhr 1 for building or other extraordinary expenses, and any amount raised by this act in excess of the amount needed for current expenses during any fiscal year may be used for building and other extraordinary purposes in the discretion of the said board: Prori them, in the same manner as in relation to public school funds and moneys, except in cases otherwise provided. SEC. 10525. The governor, the secretary of state, and attorney-general shall, by virtue of their respective offices, be commissioners of the 4< Seminary fund." SEC. 10526. The certificates of indebtedness authorized to be issued to the per- manent school fund of the State by act of March 23, 1881, and the certificates of indebtedness issued to the seminary fund shall be and remain sacred and irrevoca- ble obligations of the State, unconvertible and untransferable from the purposes of their issue, but shall remain as so much of the permanent school fund and of -the seminary fund as is represented in their amounts, respectively. SEC. 10527. Hereafter whenever any of the remaining lands of the College of Agriculture and Mechanic Arts shall be sold amounting to $5,000 and proceeds of sale thereof paid into the State treasury, a certificate of indebtedness shall be issued, payable twenty years after date, bearing interest at the rate of 5 per cent per annum, payable semiannually, and held in trust by the State as part of the seminary fund. SEC. 1052S. Said certificate of indebtedness shall be signed by the governor, countersigned by the secretary of state, and sealed by the great seal of the State; 96 EDUCATION REPORT, 1903. shall be nonnegotiable, and shall b3 sacredly held and preserved in the State treas- ury as part of the seminary fund of the State. SEC. 10529. The board of fund commissioners are hereby authorized and directed to place to the credit of the ' ' seminary fund ' ' all sums of money which have been or may hereafter be paid into the State treasury as the unclaimed proceeds of sales in partition under the provisions of the act of the general assembly approved March 6, 1893. For every amount so placed to the credit of the seminary fund the board shall issue a State certificate of indebtedness in like form and manner as other certificates issued under this act, due thirty years after date, and bearing interest at the rate of 5 per cent per annum from date, payable semiannually. Upon payment to any beneficiary of his share of the proceeds of sale under the terms of said act of March 6, 1893, the certificate issued thereon shall be canccVd. Should any portion of the amount of any canceled certificate be withdrawn Iroin the treasury a new certificate for the remainder shall be at once issued. The State auditor shall notify the secretary of the board of curators when any certificate is issued or canceled under the terms of this section. SEC. 10530. Hereafter when any moneys shall be paid into the State treasury, from whatever source derived, whether by grant, gift, devise, or from any other source, to be added to either the " public school fund " or the " seminary fund " of the State, and when the same shall amount to $1,000 the said board of fund commissioners shall issue a certificate of indebtedness of the State of Missouri like that provided for in sections 10527, 10528, and 10529, and in accordance with the terms of the gift, grant, or devise making addition to the public school fund or the seminary fund of the State, except in cases where moneys are acquired by special gift or devise a separate certificate shall be issued for each gift or devise and for the amount of such gift or devise, said certificate to be made payable twenty years after date, the interest thereon, to be paid semiannually, to be for- ever used and appropriated in accordance with law, and the gift, grant, or devise providing said fund for public educational purposes, under Article XI of the con- stitution of this State and an act approved March 16, 1881, entitled ''An act to encourage and increase the public school fund of the State by grant, gift, or devise, as provided for in section 6 of Article XI of the constitution of Missouri, and to provide for its safe and permanent investment." SEC. 10531. The certificates of indebtedness authorized to be issued under this article to the permanent public school or seminary fund of the State shall specify the purposes to which said funds are dedicated, the source from which derived, and the disposition of the interest to be paid on the same; they shall be printed on good parchment paper, and shall be and remain sacred irrevocable obligations of the State, unconvertible and untransferable from the purposes of their issue, as so much of the permanent "public school fund" or "seminary fund," the interest thereon to be appropriated regularly in accordance with the terms of said certifi- cates, and to commence running from the payment of the money into the treasury of the State. SEC. 10532. The State of Missouri is hereby constituted the custodian and is made the trustee of all moneys which may be paid into the State treasury under this article and of the certificates of indebtedness which may be issued under the same, and the honor and good faith of the State are hereby pledged for the faith- ful performance of the trust herein created. SEC. 10533. [See also section 10507, supra, and section 10011. post.] All sums collected under the provisions of an act of Congress approved August 30, 1890, commonly known as the " Morrill bill," shall be paid as follows: One-six- teenth thereof for the benefit of the Lincoln Institute and one-fourth of the remainder to the treasurer of the school of mines at Holla. Mo. , and the remainder shall be paid to the treasurer of the State university for the benefit of the agricul- tural college. SEC. 10537. * * * And if the same ["property granted, given, or devised "] be in money, or after the property is converted into money, it shall be securely invested and sacredly preserved as a part of the public school fund, as provided by the constitution of this State, whether the same be given for the free public schools or for the benefit of the University of the State of Missouri, and the annual income of which fund shall be invested, reinvested, appropriated, and disbursed and paid over according to the terms of the writing making such grant, gift, or devise, and for no other uses or purposes whatsoever. SEC. 10538. For all property or money received under this article by the State treasurer he and his sureties shall be responsible for the safe-keeping, investment, reinvestment, and disbursement of the same on his official bond. SEC. 10539. In all cases where any such grant, devise, or bequest, or gift has been made by any person * * * in aid of the University of the State of Mis- LAWS RELATING TO LAND-GRANT COLLEGES. 97 souri, and from any cause the terms of such grant, gift, devise, or bequest can not be executed or carried out according to the terms and conditions of the same, it shall be lawful for the person or persons having charge thereof or holding the same in trust, or any person interested therein, to file a petition in the circuit court of the county where such grantor, donor, or testator died, setting forth all the facts connected therewith, and, in the discretion of the court in which said petition may be filed, an order may be made directing that the amount of such grant, gift, devise, or bequest shall be turned over to the treasurer of the State as a part of the public school fund [or of the seminary fund, as the case maybe?] , according to the terms and conditions of the article, and securely invested, rein- vested, and sacredly preserved; the annual income on which fund shall be faithfully appropriated, as near as may be, in meeting and carrying out the purposes and wishes of such grantor, donor, devisor, or testator, according to the instrument of writing making such grant, gift, devise, or bequest. SEC. 10540. The State of Missouri is hereby constituted the custodian and tras- tee of all such funds, and pledges itself for the safe-keeping, investment, and due application of all funds, with the interest thereon, which may be deposited in the treasury in pursuance of this article. SECS. 10542-10560. [Refer to "the State veterinary surgeon" and prescribe his duties. As these sections appear in the " Revised Statutes" they form Article V of chapter 171, the caption of which is, "State University." This officer is a subordinate of the State board of agriculture.] SEC. 10561. The military department of the University of the State of Missouri, as organized under section 1225, Revised Statutes of the United States, and sec- tion 10507 above, is created the Missouri State Military School. SEC. 10562. The corps of cadets of the Missouri State Military School shall con- sist of appointees of senators and representatives and such students as may vol- untarily enter such school. All appointments under this section shall be for the term of two years. Each senator and representative of the general assembly of Missouri shall have power to appoint a cadet from his district by the 1st day of August of each year, provided that if there shall be no application for such cadet- ship in any such district by the 1st day of August in any year, then such appoint- ment may be made from any other district in this State, provided that in case of death, resignation, or expulsion from the university of any cadet from such dis- trict, the senator or representative thereof may fill such vacancy at any time. All appointees under this section shall pass the required examination for admis- sion to the university. SEC. 10563. Cadets receiving instruction, as provided in the preceding section, shall be matriculated in all academic departments and in the College of Agricul- ture and Mechanic Arts of the university free from tuition and other fees. SEC. 10564. The corps of cadets, as provided in the preceding sections, shall have the military organization prescribed for the National Guard of the State and be reckoned a part thereof, and as such entitled to all provisions as are or may here- after be made for the National Guard of Missouri. SEC. 10565. The military government and discipline of the cadets shall be pre- scribed by regulations prepared by the faculty of the university and approved by the governor of the State. The officers of the corps of cadets shall be appointed and commissioned by the governor of the State upon the recommendation of the faculty of the university, and shall have powers conferred by said regulations. SEC. 10566. Cadets shall be individually responsible for all State property issued directly to them, and shall constitute a guard for the safe-keeping and preserva- tion of all university property. SEC. 290. All property which shall pass by will or by the intestate laws of this State from any person who may die seized or possessed of the same while a resi- dent of this State or if decedent was not a resident of this State at the time of death, which property or any part thereof shall be within this State, or any inter- est therein or income therefrom which shall be transferred by deed, grant, bar- gain, sale, or gift, made or intended to take effect in possession or enjoyment after the death of the grantor, etc., to any person or persons, or to any body poli- tic or corporate, either directly or in trust, or otherwise, or by reason whereof any person or body politic or corporate shall become beneficially entitled in posses- sion or expectancy to any property or the income thereof, other than to or for the use of the father, mother, husband, wife, legally adopted children, or direct lineal descendant of the testator, intestate, grantor, bargainer, vendor, or donor, except property conveyed for some educational, charitable, or religious purpose exclu- sively, shall be and is subject to the payment of a collateral inheritance tax of $5 for each and every $100 of the clear market value of such property, and at ED 1903 7 98 EDUCATION REPORT, 1903. and after the same rate for every less amount, to be paid to the collector of rev- enue of the proper county (and for the purposes of this article the city of St. Louis shall be affected through its corresponding officers as if it were a county) for the use of the State, as hereinafter provided. SEC. 302. [As amended by act of March 9, 1901.] The moneys received by the State treasurer under the provisions of this article shall be deposited in the State treasury to the credit of the fund now existing in the State treasury and known as the " State seminary moneys," for the maintenance, support, and better equip- ment of the buildings, apparatus, books, instruction, etc., of the University of the State of Missouri, to an amount not exceeding in any one year the equivalent of one-tenth of one mill upon every dollar of the assessed valuation of taxable prop- erty of this State for the said year: Provided, that one-fifth of all such moneys so received shall be devoted to the use of the School of Mines and Metallurgy, a department of the said university: Provided further, That if the net amount deposited in any one year by the State treasurer under the provisions of this act to the credit of the " State seminary moneys " be not equivalent to one-tenth of one mill upon every dollar of the assessed valuation of taxable property of this State for the said year, it shall be the duty of the State treasurer to make good this deficiency out of the first moneys received under the provisions of this article in the next succeeding year: Provided further, That all said moneys shall be dis- bursed in pursuance of regular appropriations of the general assembly in accord- ance with the provisions of section 5691. SEC. 1011. Nothing contained in this article [chapter 12, private corporations, article 1, organizations, general powers, duties and liabilities, etc.] shall be con- strued to extend to any county or township, or to any public university, academy, seminary, or school incorporated by the laws of this State. SEC. 7723. The curators of the State University ' ' shall report to the State superintendent of public schools on or before the 31st day of August of each year concerning the condition, improvements, and necessities of said institutions, which report shall be published as a part of the State superintendent's annual report. SEC. 8146. All saline and seminary lands, and all lands granted to this State by an act of Congress approved September 4, 1841, remaining unsold, may be dis- posed of at private sale in sections, half sections, quarter sections, half quarter sections, and quarter quarter sections. SEC. 8147. The person wishing to purchase any of said lands shall pay into the treasury of the State the sum of $1.25 per acre for the tract he may wish to pur- chase; and the treasurer shall give to the person thus paying duplicate certificates stating the amount of money received, from whom received, the section or subdi- vision of a section sold, the township and range, and number of acres. SEC. 8398. It shall be the duty of the governor, on or before the 1st day of December, in the year 1882, and every two years thereafter, to appoint a special committee of three persons, consisting of one member of the State senate and two members-elect of the house of representatives, whose duty it shall be to visit and examine the asylums, State University, and other institutions of the State, except those at the seat of government. SEC. 8399. The committee appointed under the provisions of this article shall meet at the city of Jefferson at such time as may be designated by the governor, and, after first taking the oath of office prescribed for members of the general assembly, shall proceed to the seat of government; and such committee shall be authorized to employ one expert accountant to assist them in their work. SEC. 8400. The committee shall be authorized to administer oaths and examine persons under oath touching the management and administration of the affairs of said institutions, and shall have free access to all the papers, books, and records of said institutions; and such committee shall make a report of such visitation and examination to the general assembly within ten days after tlie organization of each regular session thereof, showing the condition and management of said institutions, the receipts of money from, all sources, and the disbursement of the same, and such other facts and recommendations as may be deemed pertinent for the information of the general assembly. SEC. 8401. Each member of such committee and their accountant shall receive the sum of $5 per day for the time actually and necessarily employed in the per- formance of the duties required under this article, and also their actual traveling expenses necessarily incurred while in the performance of such duty a statement of the number of days employed and the items of such expenses to be returned to the chairman of such committee and the same shall be audited and allowed by the State auditor out of the contingent expenses of the general assembly, on the certificate of the chairman of the committee, approved by the governor. LAWS EELATING TO LAND-GEANT COLLEGES. 99 SEC. 10005. There is hereby established, in connection with the Lincoln Institute at Jefferson City [originally a colored normal school] , an academic department for the higher education of the negro race, including a college and a preparatory school for said college, to be under the control of the board of regents of said institute. SEC. 10006. Said board may from time to time, and as the growing necessities of this department may demand, introduce such studies as are pursued in the aca- demic department of the State University; shall employ necessary instructors; shall confer by diploma such degrees as are usually conferred upon students and graduates of colleges, and shall have power to make such rules and regulations not in conflict with the laws of this State as they may deem necessary for the man- agement of said academic department. SEC. 10007. The president of the board of regents shall, in addition to his annual report to the State superintendent of public schools, as required by law, report in like manner the condition of the said academic department. SEC. 10008. There is hereby established [laws 1891] as a department of Lincoln Institute an industrial school, in order that the negro youths of this State may receive instruction in those branches of study relating to agriculture and the mechanic arts, and thereby fit themselves to engage in the useful trades. SEC. 10009. The said industrial department shall be under the control of the board of regents of Lincoln Institute, who shall employ teachers, confer by diploma such degrees as are usually conferred in schools of a similar character, and shall have power to make such rules and regulations as they may deem necessary for the government of this department. SEC. 10010. The president of the board of regents of Lincoln Institute shall, in addition to his annual report to the State superintendent, report in like manner the condition of the said industrial department. SHC. 10011. The Agricultural and Mechanical College and the School of Mines and Metallurgy of the State of Missouri, established exclusively for the benefit of white students, shall receive annually such proportion of the money granted to the States and Territories for the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, as provided in an act of Congress approved August 30, 1890, as the whole number of white children of school age (as appears by an annual return of the enumeration of such children to the State superintendent of public instruction) may bear to the whole number of such school age, both white and black, as may appear by said annual return to the State superintendent, as above provided, and the agricultural and mechanical college established by the provisions of this article at Lincoln Institute, for the exclusive benefit of colored students, shall receive the residue of said money granted, to be received and paid out as provided by section 10013. SEC. 10012. [Requires the superintendent of public instruction to certify cor- rectly the statistics required in section 10011 to the Secretary of the Interior of the United States.] SEC. 10013. [Requires the State treasurer to pay " to each of said colleges its just and proper proportion, as provided by section 10011, upon the order of the treasurers of each or other proper and legal authority."] SEC. 10014. The passage of this article and the execution in good faith of the pro- visions of the same shall be deemed to all intents and purposes a full and com- plete assent on the part of the State of Missouri to the act of Congress granting said money for the purposes aforesaid, as required by section 2 of said act of Congress approved August 30, 1890, with all the conditions and limitations imposed by said last-recited act of Congress upon the State of Missouri, and the State of Missouri pledges its faith and credit that it will on its part carry out and execute said conditions and limitations. SEC. 10015. [Requires the secretary of state, when requested by the board of regents of Lincoln Institute, to forward to the Secretary of the Interior of the United States a certified copy of the act relating to the subsidy of 1890, and, fur- ther, to notify him when the buildings are ready for use.] Laws of 1901. [Appropriation act for the years 1901 and 1902 carries $5,000 for the support of the State cadets at the State University, one-half or less to be expended in each year of the biennial period which appropriation covers; for the support, maintenance, and improvement of the State University at Columbia, $152,700, in addition to the regular income provided by law. For the support and maintenance of the Rolla School of Mines, $32,000; for the support, mainte- nance, and improvement of the Lincoln Institute, at Jefferson City, Mo., $42,590.] Ibid., act of April 17, 1S01: SECTION 1. In orderto aid in the development of the dairy industry of this State, there is hereby established in the College of Agricul- 100 EDUCATION EEPOET, 1903. ture and Mechanic Arts of the University of the State of Missouri a chair of dairy husbandry. SEC. 2. The board of curators of the university shall, as soon as possible after the taking effect of this act, fill this chair by the appointment of a well-recognized expert in all matters pertaining to dairying and dairy husbandry. SEC. 3. The duties of the professor of dairy husbandry, provided for in the foregoing sections, shall be to give instructions in the practical details of the selection, breeding, feeding, and management of dairy herds, of the production of milk at the least cost, of the manufacture of butter, the different kinds of cheese, and the marketing of the same, to the farmers of the State by means of public lectures and practical demonstrations throughout the State, through the farmers' institutes, the public press, and the issuing of reports and bulletins on these subjects; also to give instructions in all these subjects and in creamery man- agement to the students in the agricultural college of the university. It shall be the further duty of the professor of dairy husbandry to make such experiments in the breeding and feeding of dairy cattle, in the handling of milk, and in the manufacture of butter and cheese at the experiment station as may be deemed [advisable?] by the dairy interests of the State and that the board of curators may direct. SEC. 4. [Appropriates $5,000.] MONTANA. Constitution, Article XI: SEC. 9. No religioiis or partisan test or qualification shall ever be required of any person as a condition of admission into any public educational institution of the State, either as teacher or student; nor shall attend- ance be required at any religious service whatever; nor shall any sectarian tenets be taught in any public educational institution of the State; nor shall any person be debarred admission to any of the collegiate departments of the university on account of sex. SEC. 11. The general control and supervision of the State University and the various other State educational institutions shall be vested in a State board of edu- cation, whose powers and duties shall be prescribed and regulated by law. The said board shall consist of 11 members, the governor, State superintendent of pub- lic instruction, and attorney-general being members ex officio; the other eight members thereof shall be appointed by the governor, subject to the confirmation of the Senate, under the regulations and restrictions to be provided by law. SEC. 12. The funds of the State University and of all other State institutions of learning, from whatever source accruing, shall forever remain in violate and sacred to the purpose for which they were dedicated. The various funds shall be respec- tively invested under such regulations as may be prescribed by law, and shall be guaranteed by the State against loss or diversion. The interest of said invested funds, together with the rents from leased lands or properties, shall be devoted to the maintenance and perpetuation of these respective institutions. [The following matter is taken from "The Codes and Statutes of Montana in force July 1,1895, as amended and adopted by the fourth legislative assembly, together with other laws continued in force, compiled by D. T. Wade, commissioner, annotated." 2 vols. Butte, Mont., 1895.] SEC. 1620. The Agricultural College of Montana is established and located at , and has for its object instruction and education in the English language, lit- erature, and mathematics, civil and mechanical engineering, agricultural chem- istry, animal and vegetable anatomy and physiology, the veterinary art, entomol- ogy geology , and such other natural sciences as may be prescribed by the State board of education, political, rural, and household economy, agriculture, horticulture, moral philosophy, history, bookkeeping, and especially the application of science and the mechanical arts to practical agriculture in the field, and irrigation and the use of water for agricultural purposes. Such agricultural college may be connected with the State University, under such regulations as the State board of education may prescribe. SEC. 1621. The control and supervision of such college is vested in the State board of education, which may prescribe all rules therefor. SEC. 1622. The Agricultural College of the State of Montana is established and located at the city of Bozeman, or within 3 miles of the corporate limits of said city, upon such tract or tracts of land, conforming in the aggregate not less than 80 acres, and as much more as shall be selected by the State board of education, as hereinafter provided; and said college has for its leading objects and purposes, without excluding other scientific and classical studies, and including military LAWS RELATING TO LAND-GRANT COLLEGES. 101 tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the State board of education and any subor- dinate boards, by such State board appointed, may prescribe. SEC. 1623. It shall be the duty of the State board of education, within ninety days from the date of the passage of this act, if then organized, but if not organ- ized then within ninety days from the organization of the said board, to select the site for the definite and permanent location of said Agricultural College of Mon- tana and agricultural experiment station, which site shall be at the city of Bozeman, or within 3 miles of the corporate limits of said city of Bozeman; and said State board of education shall at once take steps or proceedings for procuring the title to the tract or tracts of land so selected by them, and they may and are hereby empowered to enter into contracts, in the name of the State of Montana, for the purchase of said tract or tracts of land so selected, and may execute such obligations for the payment of the same as will mature when the probable income from the fund of said agricultural college and agricultural experiment station, or either of them, will pay for the same. The said State board of education are hereby authorized and empowered to accept, in the name of the State of Montana, such gifts of land and money as may be tendered to aid in the purchase of said site. They shall appropriate the same to that purpose and take the proper and necessary conveyances of said tract or tracts of land in the name of the State. All lands and money acquired as provided in this section shall be taken and held for the sole use and benefit of said agricultural college and said agricultural experiment station. SEC. 1624. The general control and supervision of such college is vested in the State board of education, which board may prescribe all rules therefore SEC. 1625. The governor, by and with the advice and consent of the State board of education, may designate and appoint an executive board, consisting of five members, at least three of whom shall be residents of the county wherein said institution is situated, which executive board shall have the immediate direction and control of the affairs of said college, subject only to the general supervision and control of said State board of education. Such executive board shall serve during the term of the State board of education, unless sooner removed. SEC. 1626. The executive board is authorized to choose and appoint a president and faculty of said college, who shall serve as such for such time and receive snch compensation as the executive board may prescribe, subject to the approval of the State board of education. SEC. 1627. The executive board shall appoint a secretary thereof, who may also act as treasurer of said board and who may not be a member thereof, and such secretary and treasurer shall give bond with good and sufficient surety for the faithful performance of his duties as such and for the faithful accounting for and paying over to the said State board of education, to and for the use of said college, all moneys received by him as treasurer, in such sums as said State board of education may prescribe. SEC. 1628. There is also located and established on the lands so to be selected by the State board of education, in connection with said agricultural college and under its direction, an agricultural experiment station, to aid in acquiring and diffusing among the people of the State of Montana useful and practical informa- tion on subjects connected with agriculture, and to promote scientific investiga- tion and experiments respecting the principles and application of agricultural sci- ence, which experiment station is established under and by virtue of the author- ity contained in the act of Congress entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several States, under the provisions of an act approved July 2, 1862, and of the acts supple- mentary thereto," approved March 2, 1887, and the provisions, donations, and benefits contained in said act of Congress, and in all other acts of Congress relat- ing to agricultural experiment stations and agricultural colleges now in force and all acts supplementary thereto or amendatory thereof are, by the State of Mon- tana, hereby accepted and adopted. SEC. 1629. Said agricultural experiment station is hereby placed under the super- vision and control of the State board of education, and the executive or subordi- nate board or authority who may be by the governor, by and with the consent and advice of the State board of education, appointed. SEC. 1630. The State board of land commissioners of the State of Montana is hereby authorized to issue bonds to the amount of $100,000; the minimum denomi- nation of such bonds shall be $350 and the maximum denomination $1,000 each, said bonds to be known as the " Montana Agricultural College bonds," to bear date Cf. section 1621. 102 EDUCATION EEPOET, 1903. July 1, 1895, to become due twenty-five years after date, and payable after ten years after date thereof; said bonds shall bear interest at the rate of not more than 6 per cent per annum, pay able seiniannually on the 1st day of January and July of each year at the office of the State treasurer of the State of Montana. Said bonds shall run from the State board of land commissioners of the State of Montana to bearer, and shall be signed by the State board of land commissioners and countersigned by the secretary of state, who shall attach his seal thereto. SEC. 1631. The bonds provided for in section 1630 shall be issued and sold as soon as possible after the passage of this act. SEC. 1632. All funds realized from the sale or leasing of the lands (being 50,000 acres) granted by the United States to the State of Montana for the establish- ment and maintenance of an agricultural college, under and by virtue of the provi- sions of section 17 of the act of Congress, approved February 22, 1889, entitled "An act to provide for the division of Dakota into two States, and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments, and to be admitted into the Union on equal footing with the original States, and to make donations of public lands to such States," are hereby pledged as security for the payment of the principal and interest of the bonds authorized by this act [section 16301 , and all moneys or revenue derived from the said lands or from any of them, whether on account of sale, lease, sales of tim- ber, or otherwise, are hereby set apart and shall constitute a fund for the payment, as hereinafter provided, of the principal and interest of the said bonds, which bonds shall be a first lien on said agricultural college bond fund. SEC. 1633. It shall be the duty of the State treasurer to keep all moneys derived from the agricultural college lands hereinbefore mentioned in a separate fund, to be known and designated as the " agricultural college bond fund," and out of the money in such funds he shall pay, after approval by the State board of exam- iners (a) the cost and expenses of the issuing of the bonds herein provided for; (6) the interest on the bonds herein authorized, when due; and (c) when such bonds shall become payable he shall call in and pay them as rapidly as the money in such fund will permit, after providing for the interest. That in the event there shall not be sufficient funds in the agricultural college bond fund to pay the interest when due, the board of State examiners shall, by an order entered upon their minutes, cause warrants to be issued on the agricultural college bond fund for the amount of the interest due; and the warrants so issued shall draw inter- est at the rate of 6 per cent per annum; and said warrants shall be paid by the treasurer as soon as sufficient funds accumulate in said fund to pay the same; and by reason of the delivery of said warrants to the holders of said bonds, in satis- faction of accrued interest, there shall be no default in the payment of interest. Ssc. 1634. It shall be the duty of the State treasurer to give notice, by adver- tising, for not less than two weeks, daily, in one newspaper published in the city of Helena, Mont. , and in one newspaper published in the city of New York, N. Y., that he will on the 2d day of April, 1895, sell $100,000 of the bonds herein authorized, and will receive bids therefor, and said bonds shall on said day be by him sold to the highest bidder. SEC. 1635. The money derived from the sale of said bonds shall be used to erect, furnish, and equip buildings for the use and benefit of the Agricultural College of the State of Montana, at the city of Bozeman, in said State. SEC. 1636. Immediately upon the receipt of the money, the proceeds of the sale of said bonds, the State treasurer shall turn over the same to the treasurer of the agricultural college, and it shall be disbursed by him on orders of the executive board of the said agricultural college in the erection and furnishing of a suitable building or buildings for the use and benefit of the agricultural college upon plans and specifications first submitted to and approved by the State board of education: Provided, however, That the general supervision of the construction and erection of such building or buildings and the furnishing and equipping thereof shall be under the control of the State board of education. SEC. 1637. Nothing in this act shall be so construed as to in any wise hold the State of Montana liable for the payment of the bonds herein authorized or interest thereon. Laws, Resolutions, and Memorials, 1897: Appropriation bill carries an item of $10,500 for maintenance and furnishing of agricultural college. Ibid., 1899: Appropriates $12,660 for furnishing and fitting the agricultural college. Ibid. , 1901 : Appropriates for 1901 , $10.000 for maintenance and $15.000 for steam- heating plant; for 1902. $10.000 for maintenance, $2,000 for irrigation, and $2,500 for the erection of a dairy department. LAWS RELATING TO LAND-GRANT COLLEGES. 103 NEBRASKA. Constitution of 1875, Article VIII: SECTION 1. The governor, secretary of state,., treasurer, attorney-general, and commissioner of public lands and buildings shall,, under the direction of the legislature, constitute a board of commissioners for the sale, leasing, and general management of all lands and funds set apart for educa- tional purposes and for the investment of school funds in such manner as may be prescribed by law. SEC'. 2. All lands, money, or other property granted or bequeathed or in any manner conveyed to this State for educational purposes shall be used and expended in accordance with the terms of such grant, bequest, or conveyance. SEC. 8. University, agricultural college, common school, or other lands which are now held or may hereafter be acquired by the State for educational purposes shall not be sold for less than $7 per acre, nor less than the appraised value. SEC. 9. All funds belonging to the State for educational purposes the interest, and income whereof only are to be used shall be deemed trust funds held by the State, and the State shall supply all losses thereof that may in any manner accrue,, so that the saino shall remain forever inviolate and undiininished, and shall not be invested or loaned except on United States or State securities or registered county bonds of this State; and such funds, with the interest and income thereof r . are hereby solemnly pledged for the purposes for which they are granted and set apart, and shall not be transferred to any other fund for other purposes. Si- 1 . 10. The general government of the University of Nebraska shall, under direction of the legislature, be vested in a board of six regents, to be styled " the board of regents of the University of Nebraska," who shall be elected by the electors- of the State at large, and their term of office, except those chosen at the first elec- tion as hereinafter provided, shall be six years. Their duties and powers shall be prescribed by law, and they shall receive no compensation, but may be reimbursed their actual expenses incurred in the discharge of their duties. .11. No sectarian instruction shall be allowed in any school or institution supported in whole or in part by the public funds set apart for educational pur- poses, nor shall the State accept any grant, conveyance, or bequest of money r lands, or other property to be used for sectarian purposes. [The following unit t -r h is been taken from " The compiled statutes of the State of Nebraska^ 1881, with amendments. 1882 to 1901, comprising all lawsof a general nature in force July 1, 1901, published undvr Hie authority of the legislature by Guy A. Brown and Hiland H. Wheeler," Lincoln, Nebr., 1901.] SKC. 5503. There shall be established in this State an institution under the name and style of The University of Nebraska. SEC. 5204. The object of such institution shall be to afford to the inhabitants of this State the means of acquiring a thorough knowledge of the various branches, of literature, science, and the arts. SEC. 5205. The general government of the university shall be vested in a board of six regents, elected by the electors of the State at large, according to the pro- visions of the constitution of 1875. Vacancies occurring in the board between one general election and another may be filled by the governor: Provided, always, That any person thus appointed to fill a vacancy shall hold his office until the next general election succeeding his appointment and no longer. SEC. 5206. The board of regents shall have full power to appoint their own pre- siding officer and secretary; and they shall constitute a body corporate to be known as " The regents of the University of Nebraska," and as such may sue and be sued, and may make and use a common seal and alter the same at pleas- ure. They may acquire real and personal property for the use of the university and may dispose of the same whenever the university can be advantaged thereby: Provided. They shall never dispose of grounds upon which buildings of the uni- versity are located without consent of the legislature. SEC. 5207. The regents shall have power, and it is made their duty, to enact laws for the government of the university; to elect a chancellor, who shall be the chief educator of the institution, and the prescribed number of professors and tutors and a steward; to prescribe the duties of all the prof essors and officers and to fix their compensation. They shall have power to remove any professor or officer, but only upon the proof of written charges and after affording to the per- son complained against an opportunity for defense. SEC. 5208. That on and after the publication of this act the professor of botany at the State University shall be ex officio the acting State botanist; the professor of geology shall be ex officio the acting State geologist; the professor of chemistry shall be ex officio the acting State chemist, and the professor of entomology shall be ex officio the acting State entomologist. 104 EDUCATION REPORT, 1903. SEC. 5209. It shall be the duty of these members of the faculty to give special attention to the interests of this State in their respective departments, to furnish all information requested by any official of this State, and to properly arrange and exhibit the collections in their departments, or some portion of these collec- tions, with special reference to showing the varied resources of this Sate: Pro- vided, That this work shall be so conducted as not to interfere with their original duties as instructors at the university. SEC. 5210. No compensation shall be claimed or allowed on account of services rendered under the provisions of this act. SEC. 5211. The university may embrace five departments, to wit: (1) A college of literature, science, and art; (2) an industrial college, embracing agriculture, practical science, civil engineering, and the mechanic arts; (3) a college of law; (4) a college of medicine; (5) a college of the fine arts. SEC. 5212. The rogents shall be empowered to establish in these several colleges such chairs of instruction as may be proper and so many of them as the f unfits of the university may allow. They shall also be authorized to require professors to perform duties in more than one of the several colleges whenever they shall deem it wise and proper so to do. SEC. 5213. The governor shall set apart two sections of any agricultural-college land or saline land belonging to the State, and shall notify the State land commis- sioner of such reservation, for the purpose of a model farm as u part of the college of agriculture, and such land so set apart shall not be disposed of for any other purpose. SEC. 5214. The several buildings of the university shall all be erected within a radius of 4 miles from the statehouse. SEC. 5215. The regents shall, when the number of students in any particular branch of study shall require, elect one or more tutors to give instruction in such branch of study, but such tutors shall not be considered as belonging to the faculty of the college in which they may be employed. SEC. 5216. The immediate government of each college shall be by its own faculty, which shall consist of the professors therein, but no course of study shall be adopted or series of text-books used without the approval of the board of regents. SEC. 5217. The board of regents shall have exclusive authority to confer degrees and grant diplomas, but each college may, in its discretion, grant rewards of merit to its own students. No student shall, upon graduation, receive any diploma or degree unless he shall have been recommended for such honor by the faculty of the college in which he shall have pursued his studies. The regents shall also have power to confer the usual honorary degrees upon other persons than graduates of this university in recognition of their learning or devotion to literature, science, or art, but no degree shall be conferred in consideration of the payment of money or other valuable thing. SEC. 5218. The fee of admission to any college in the university shall be $5 each for all persons, and the amount arising therefrom, together with all other tuition fees, shall be paid into the hands of the university treasurer, and shall be held as a library fund, and the board of regents shall annually appropriate the same for the purchase of books for the university library. A reasonable course of study shall be prescribed by the board of regents precedent to admission, and no appli- cant who shall fail to pass an examination in any part of such course shall be admitted: Provided, Any -person who shall produce a certificate from a county superintendent of common schools that he has passed honorably through the course of study prescribed in a high school under the common school laws of the State may be admitted without further examination. SEC. 5219. All persons residing within the State, and who shall fill the require- ments of the preceding section, maybe admitted to any organized college of the university, and students entering the college of literature, science, and art or the industrial college shall not be required to pay any other tuition fee than the matriculation fet during the term of four years. All other students in these col- leges and all who elect to remain under instruction for a longer term than four years shall be required to pay such fees as the board of regents may determine. Students maybe admitted to the colleges of law, medicine, and fine arts upon such terms and be required to pay such tuition and fees as the board of regents may determine. Persons not residents of this State may be admitted, to the privileges of the university in any college or department thereof, if otherwise qualified, upon such terms as to the payment of tuition and other fees, in addition to a matricula- tion fee, as the board of regents may prescribe. SEC. 5220. The regents shall procure all text-books to be used in the university and shall furnish them to students at cost. The regents may. upon proper evi- dence of the good character of any student and his or her ambition to acquire an LAWS RELATING TO LAND-GRANT COLLEGES. 105 % education and inability to provide his or her own means therefor, donate to such student all text-books he or she may need, and by a two-thirds vote may appro-, priate money to pay other expenses for such student, provided such student will render an immediate equivalent in personal service for such appropriation or give a sufficient obligation that he or she will reimburse the regents within five years. SEC. 5221. No person shall because of age, sex, color, or nationality be deprived of the privileges of this institution. Provision shall be made for the education of females apart from male students in separate apartments or buildings: Provided, That persons of different sexes of the same proficiency of study may attend the regular college lectures together. SEC. 5222. The regents shall provide a rive for attendance upon the agricultural college and civil engineering and scientific courses by persons whose employments are such as to allow of their pursuit of study only a portion of the year. SEC. 5223. The board of regents shall, at least ten days prior to the meeting of each regular session of the legislature, transmit to the governor, to accompany his mes- sage, a printed report of all their doings since their last report, giving in detail all receipts and expenditures of money and furnishing an estimate of future income and expenses, a catalogue of professors, officers, and students for the year, with such other information and recommendations as will apprise the legislature fully of the conditions and wants of the university. BBC. .VJ24. The several funds for the support of the university shall be consti- tuted and designated as follows: (1) The permanent endowment fund; (2) the temporary university fund; (3) the university cash fund; (4) the United States ' 4 Morrill 'fund ; " ( 5 ) the United States experiment station fund. The permanent endowment fund shall l>e kept in two accounts: In the first account, all moneys derived as principal from the sale of lands donated to the State by the United States (to establish and endow a State university) under the act of Congress of April 19, 1864; in the second account, all moneys derived as principal from the sales of lands donated to the State by the United States to provide colleges for the benefit of agriculture and the mechanic arts by an act of Congress approved July 2, 18(52. All moneys acquired by the university by donation or bequest (including money derived as principal from the sale of lands or other property so acquired), where no particular object or purpose is specified by the donor or devisor, shall belong to either one of the two accounts of said permanent funds, as the board of ivg nts may determine and order. Donations or bequests made for the benefit of the university (including moneys derived as principal from the sale of lands or other property so acquired) with particular objects or uses speci- fied, and the interest or income of which only is to be used, shall belong to either of the said two accounts of the permanent fund, as the board of regents may determine and order. The interest and income of donations made without special objects or uses specified may be used and applied by the board of regents to any needs of the university. The interest and income of donations made with partic- ular objects and uses specified shall be applied by the board of regents to such particular objects and uses only. All moneys belonging to the permanent uni- versity fund shall be invested in the manner now provided by law for the invest- ment of the permanent school fund of the State, in the same kind of securi- ties and by the same officers charged with that duty by law. The permanent endowment fund shall never be appropriated by the legislature nor be expended for any purpose whatsoever. The temporary university fund shall consist of the proceeds of the investments of the permanent fund; of the rental of the university and agricultural college lands leased, and the interest upon deferred payments on sales of the lands aforesaid; of the rentals or income of lands or other property donated without particular objects or uses being specified, and a tax of 1 mill upon til-. < I- >llar of valuation of the grand assessment roll of the State, which tax shall be levied in the year 1899 and annually thereafter. All moneys accruing to this fund are hereby appropriated for the maintenance of the university, including buildings and permanent improvements, and the same may be applied by the board of regents to any and all university needs except the income from donations made for particular purposes, which income shall be used and applied as hereinbefore specified only. The university cash fund shall consist of the matriculation and diploma fees, registration fees, laboratory fees, tuition fees, summer "session" or school fees, and all other moneys or fees collected from students by the author- ity of the board of regents for university purposes. To this fund shall belong also all moneys received from sales of live stock, farm products, dairy school products, or other like income from the experiment-station farm. The moneys accruing to this fund shall be used for the following purposes exclusively: The matriculation and diploma fees, for the purchase of books for the university libraries; the registration and summer school fees, to assist the maintenance of 106 EDUCATION EEPORT, 1903. the summer school, school of agriculture, or other special schools; the laboratory fees, for laboratory expenses and the purchase of laboratory apparatus and sup- plies; the tuition fees, for instruction in and expenses of the various colleges or schools for which the same are collected; the income from the farm, for the general expense and up keep of the farm, its stock and equipment, farm labor, and minor repairs to farm property. All moneys accruing to the university cash fund are hereby appropriated to the specific uses hereinbefore mentioned, and shall at all times be subject to the orders of the board of regents accordingly: Provided, That no warrant shall be issued against said fund unless there is money in the hands of the State treasurer sufficient to pay the same. The board of regents shall cause all moneys which are received by its authority at the university from students thereof for any purpose mentioned in this chapter, also all moneys received at the university by the authority of said board from sales of farm prod- ucts, stock, or other property, to be paid over from time to time as the same are received to the State treasurer, to be placed to the credit of the proper fund: Provided, That the said board of regents may retain in its possession until the close of the summer school in each year a sufficient sum out of said moneys to make settlement with students having money on deposit for expenses in the various laboratories, to make equitable adjustment with students who, having paid tuition or other fees in advance, may be necessarily called away from the institution for an indefinite period, and to provide against other like contingen- cies. The said board of regents may require its secretary, in addition to his other duties, to perform all acts necessary to carry into effect the provisions of this sec- tion relating to the university cash fund and the moneys belonging thereto. The United States "Morrill fund" shall consist of all moneys appropriated by the United States to this State for its university to aid instruction and to furnish the facilities for instruction in certain branches in accordance with the provisions of an act of Congress approved August 30, 1890. The said fund shall be applied exclusively to the uses and purposes prescribed by the act or acts of Congress relating thereto, and said fund is hereby appropriated accordingly, and shall at [all?] times be subject to the orders of the board of regents for the purpose speci- fied by act of Congress only. The agricultural experiment station fund shall con- sist of all moneys which may come into the possession of the State treasurer on and after July 1, 1899, accruing under an act of Congress approved March 2, 1887, entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several States under the provisions of an act approved July 2, 1862, and the acts supplementary thereto ; : ' also all moneys which may hereafter be received by virtue of any act of Congress supplemental to said agricultural experiment station act and for the same purposes. The said experiment station fund is hereby appropriated to be applied exclusively to the uses and objects designated by the said act or acts of Congress relating thereto, and the same shall at all times be subject to the orders of the board of regents for expenditure for said uses only. The State treasurer shall be the custodian of all the funds of the university. Disbursements from the four funds last named herein shall be made in accordance with the provisions of law relating to the dis- bursement of university funds in the hands of the State treasurer as provided by law. SEC. 5226. The regents shall meet at least twice in each year at the university building. They shall receive for their services no compensation, but they may be reimbursed their actual expenses incurred in the performance of their official duties. SEC. 5227. No superstructural work upon any building for the university shall be commenced until the designs and plans therefor shall have been submitted to the board of regents by the commissioners for public buildings, and the architect thereof shall be required, before allowing any such superstructure to be erected, to make such alterations in the plans and specifications as may be directed by a majority of the regents. SEC. 5228. The regents shall have power to enact laws for the government of the university; to elect a chancellor and the prescribed number of professors and tutors, and a steward; to prescribe the duties of all the professors and officers, and to fix the compensation. They shall have power to remove the chancellor, and any professor or tutor, when the interests of the university shall require it, SEC. 5229. The office of the treasurer of the university is hereby abolished, and the State treasurer is made custodian of the funds, to whom the present treasurer of the university shall turn over, within sixty days, all moneys, securities, books, and papers pertaining to that office. SEC. 5230. Disbursements from the university fund shall be made by the State treasurer upon warrants drawn by the auditor, who shall issue warrants upon LAWS RELATING TO LAND-GRANT COLLEGES. 107 certificates issued by the board of regents, signed by the secretary and president. All money accruing to the university fund is hereby appropriated to the use of the State university. SEC. 5282. All male students now attending or who may hereafter attend the University of Nebraska, and who are required by the rules and regulations that are or may be established by the board of regents of the university for the govern- ment of the military department to attend upon the studies or other exercises of said department, shall be organized under the form of the battalion into a body which shall be known and styled the " university cadets." SEC. 5233. The officers of the cadet battalion for duty at and while in attendance upon the university shall be appointed by the commandant in charge of the department, by detail of the General Government, and they shall be directly responsible to him in the discharge of all their duties as such officers. SEC. 5234. All persons holding appointments under the commandant of the military department of the university as officers of the cadet battalion at the time of their graduation from the university, between and including the ranks of second lieutenant and colonel, shall be certified with their proper rank to the governor of the State by the military officer in charge and the chancellor of the university, and thereupon the governor is authorized and directed to issue his commission in due form to all such persons so certified to him. All persons so commissioned by the governor shall hold their commissions as retired officers of the university cadets, liable to be called into service by the governor in case of invasion, insur- rection, or rebellion, in the same manner as the State militia. SEC. 5235. The adjutant-general of the State shall issue such arms, munitions, ar<-< interments, tents, and equipments for the temporary or permanent use of the university cadets as the board of regents may require and the governor approve. All property so issued and not intended merely for temporary use, or for con- sumption or expenditure, shall be receipted for to the adjutant-general by the chancellor or other proper officer of the university, and the same shall be subject to return upon demand of the adjutant-general whenever the necessities of this State require. SEC. 5236. The selection of officers of the university cadet battalion for duty during the attendance upon the institution shall be made upon a basis involving both scholarship and capacity and fitness for command, and according to such rules and regulations as the board of regents may prescribe. The board of regents shall make all needful rules and regulations to carry into effect the purposes of this act consistent with the constitution and laws of the State. S i-'.c. 5237. The commandant or officer in charge of the military department of the university shall make quarterly reports to the adjutant-general of the State, showing the number, organization, discipline, and equipment of the university cadets. SKC. 5238. Whereas the Forty-ninth Congress of the United States, at its second session, passed an act commonly known as the " Hatch bill," to establish agricul- tural experiment stations in connection with the colleges established in the several States under the provisions of an act of July 2, 1862, and the acts supplementary thereto; and whereas said act of Congress provides among other things that it shall be the object and duty of said experiment stations to conduct original researches or verify experiments on the physiology of plants and animals; the diseases to which they are severally subject, with the remedies for the same; the chemical composition of useful plants at their different stages of growth; the com- parative advantages of rotative cropping as pursued under a varying series of crops; the capacity of new plants or trees for acclimation; the analysis of soils and water; the chemical composition of manures, natural or artificial, with experi- ments designed to test their comparative effects on crops of different kinds; the adaptation and value of grasses and forage plants; the composition and digestibil- ity of the different kinds of foods for domestic animals; the scientific and economic questions involved in the production of butter and cheese, and such other researches or experiments tearing directly on the agricultural industry of the United States as may in each case be deemed ad\isable, having due regard to the varying con- ditions and needs of the respective States or Territories: and whereas the said act of Congress declares that a leading object of the establishment of the said experi- ment stations is to aid in acquiring and diffusing ambng the people of the United States useful and practical information on subjects connected with agriculture, and to promote scientific investigation and experiment respecting the principles and applications of agricultural science, and prescribes methods to this end, and also conditions and relations which are to be maintained between the United States and the institutions of learning established in the several States, and which are organized under the land-grant of 1862; and provides further that the grants 108 EDUCATION REPORT, 1903. of money authorized by the said act are made subject to the legislative assent of the several States and Territories to the purposes of said grants; and whereas the University of Nebraska, in the State of Nebraska, has established and maintained a college or department of agriculture, known and designated as the "industrial college, "in accordance with the provisions of said land grant of 1862; and whereas the act of the Forty-ninth Congress appropriates to this State the sum of $15,000 per annum for the purposes and upon the conditions therein set forth, the same to be paid to the treasurer or other officer duly appointed by the governing board of said college to receive the same; and whereas the governor of this State has presented to the legislature his special message, with recommendations relating to the subject-matter hereof: Therefore, SEC. 5239. That full and complete acceptance, ratification, and assent is hereby made and given by the State of Nebraska to all of the provisions, terms, grants, and conditions and purposes of the grant made and prescribed by the said act of the Congress of the United States to establish agricultural experiment stations in the several States. SEC. 5240. Whereas by an act of the Congress of the United States approved August 30, 1890, there is appropriated to this State, for the use and benefit and the more complete endowment and support of the educational institution therein de- scribed, the sum of $15,000 for the year ending June 30, 1890, $16,000 for the year ending June 30, 1891, and so on until the sum of $25,000 is reached, at which last- named amount said Congressional appropriation is thereafter to remain fixed annually ; and whereas it is provided by said act of Congress that the money thereby appropriated shall be applied to the more complete endowment and maintenance in the several States and Territories of colleges for the benefit of agriculture and the mechanic arts, which now are or may be hereafter established in accord- ance with an act of Congress approved July 2, 1862 (wherein no distinction on account of race or color is made in the admission of students) , and that said money shall *' be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the indus- tries of life and to the facilities for such instruction;" and whereas it is provided by said act of Congress that "no portion of said moneys shall be applied, directly or indirectly, under any pretence whatever, to the purchase, erection, preserva- tion, or repair of any building or buildings," and that if said moneys be dimin- ished or lost they shall be replaced by the State or Territory to which they belong, and that the grants of money authorized by said act of Congress are made subject to the legislative assent of the several States and Territories to the purpose of said grants (or upon the assent of the governor thereof during the recess of the legislature) ; and whereas it is provided by said act of Congress that the moneys thereby appropriated shall be paid from time to time to the State or Territorial treasurer or other officer who may be designated by law to receive the same, who shall, upon the order of the trustees of the college described in said act, immedi- ately pay the same over to the treasurer of the educational institution entitled to receive the same, and whereas the college of agriculture and the mechanic arts (now designated by law as the industrial college) of the University of Nebraska is the college now existing in this State organized under the provisions of the act of Congress of 1862, and thereby entitled to receive the moneys appropriated by the said act of Congress of August 30, 1890; and whereas the treasurer of the State of Nebraska has received the sum of $15,000, the first installment of money appropriated under the said act of 'Congress last named, in pursuance of the assent of the governor: Therefore, SEC. 5241. That full and complete acceptance, ratification, and assent is hereby made and given by the State of Nebraska to all and every one of the grants, pur- poses, terms, and conditions set forth in an act of the Congress of the United States approved August 30, 1890. SEC. 5242. That all moneys that now are or may hereafter be received by the State treasurer or other State officer, in pursuance and by virtue of the said act of Congress, are hereby specifically appropriated and set apart solely for the more complete endowment, support, and maintenance of the college for the benefit of agriculture and the mechanic arts now existing in this State under the provisions of an act of Congress approved July 2, 1862, and designated by law as the indus- trial college of the University of Nebraska, and all of said moneys shall be imme- diately paid over by said treasurer to the authorities of said college, hereinafter designated, without further warrant or authority than is contained herein. SEC. 5243. That for all intents and purposes of this act and of the said act of Congress, and to carry the latter into full effect in this State, the board of regents of the University of Nebraska shall be " the trustees of the college," described in LAWS RELATING TO L A.ND-GRANT COLLEGES. 109 the said act of Congress approved August 30, 1890, and referred to in the title of this act, and such fiscal officer as the said board of regents may name and desig- nate and appoint to receive and disburse said moneys under their orders shall, for all intents and purposes of this act and of the said act of Congress last mentioned, be the " treasurer " of the said college, and to this officer the State treasurer shall immediately pay over, upon the order of the said board of regents, all moneys which are now in his hands, or which may be hereafter received by virtue of the said ac't of Congress for the use and benefit of said college. The said board of regents are hereby authorized and empowered to make such orders and regulations for the security, control, management, and disbursement of the said moneys as to them shall seem wise and proper and for the best interests of the college. Si-v. 5244. That all moneys that may be received by the State treasurer, or other State officer, in pursuance and by virtue of an act of the Congress of the United States approved August 30, 1890, shall be immediately upon the receipt thereof paid over by said treasurer, or other officer, to the officer authorized to receive the same by the board of regents of .the University of Nebraska, without further warrant or authority than is herein contained, in accordance with an act of the legislature of the State. SEC. 21. That for the furtherance and promotion of the agricultural and horti- cultural interests of this State two experiment stations shall be established, one at or near Culbertson, Hitchcock County, and one at or near Ogalalla, Keith County, which stations shall be under the control and management of the State board of agriculture. [The other sections of this act relate to the organization and object of these stations.] Si.< '. 7-JO. The secretary of the board of regents of the State university shall give bond, with penalties, for $10,000. SEC. 4955. The State university and State agricultural college shall be united as one educational institution, and shall be located upon a reservation selected by said commissioners in said "Lincoln," and the necessary buildings shall be erected thereon as soon as funds can be secured by the sale of lands donated to the State for that purpose or from other sources. NEVADA. Constitution, Article XI: SEC. 4. The legislature shall provide for the establish- ment of a State university, which shall embrace departments for agriculture, mechanic arts, and mining, to be controlled by a board of regents, whose duties shall be prescribed by law. SEC. 5. The legislature shall have power to establish normal schools and such different grades of schools, from the primary department to the university, as in their discretion they may deem necessary, and all professors in said university or teachers in said schools, of whatever grade, shall be required to take and subscribe to the oath prescribed by this constitution. No professor or teacher who fails to comply with the provisions of any law framed in accordance with the provisions of this section shall bo entitled to receive any portion of the public moneys set apart for school purposes. SEC. 6. The legislature shall provide a special tax, which shall not exceed 2 mills on the dollar of all taxable property in the State, in addition to the other means provided for the support and maintenance of said university and common schools. SEC. 1. The governor, secretary of state, and superintendent of public instruc- tion shall for the first four years and until their successors are elected and quali- fied constitute a board of regents to control and manage the affairs of the uni- versity and the funds of the same, under such regulations as may be provided by law. But the legislature shall at its regular session next preceding the expira- tion of the term of office of said board of regents provide for the election of a new board of regents and define their duties. S !:<.'. 8. The board of regents shall, from the interest accruing from the first lunds which come under their control, immediately organize and maintain the said mining department in such manner as to make it most effective and useful, pro- vided, that all the proceeds of the public lands donated by act of Congress approved July 2, 1862, for a college for the benefit of agriculture, the mechanic arts, and including military tactics shall be invested by the said board of regents in H separate fund, to be appropriated exclusively for tlie benefit of the first-named departments to the university, as set forth in section 4 above; and the legislature 110 EDUCATION REPORT, 1903. shall provide that if through neglect or any other contingency any portion of the fund so set apart shall be lost or misappropriated, the State of Nevada shall replace said amount so lost or misappropriated in said fund, so that the principal of said fund shall remain forever undiminished. SEC. 9. No sectarian instruction shall be imparted or tolerated in any school or university that may be established under this constitution. SEC. 10. No public funds of any kind or character whatever State, county, or municipal shall be used for sectarian purposes. [The following mattter is taken from The Compiled Laws of Nevada, in force from 1861 to 1900, inclusive, Compiled and Annotated by Henry C. Cutting, of the Nevada Bar. Carson City, Nev., Andrew Mante, Superintendent of State Printing, 1900.] SEC. 1389. No member of said board [of regents of the State university] shall be interested directly or indirectly as principal, copartner, agent, or otherwise in any contract or expenditure created by the board or in the profits or results thereof. Any person violating the provisions of this section shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be fined in any sum not exceeding $5,000, to which may be added imprisonment in the county jail for a period not exceedir g six months. SEC. 1390. There shall be established in the State university of Nevada a school for the instruction of teachers, in which shall be taught all the branches of instruc- tion which are taught in the common schools of this State, together with the theory and practice of teaching, school law, botany, psychology, and geology. There shall also be taught in said university chemistry, assaying, mineralogy, sur- veying, and geology, so far as they relate to the theory and practice of mining, agriculture, and the mechanic arts. There shall be taught in the preparatory department of said university typewriting, shorthand, telegraphy, bookkeeping, and commercial law, so far as they relate to the practical affairs of life. SEC. 1391. The governor, the secretary of state, and the superintendent of pub- lic instruction shall constitute the board of regents of the State university until the 1st day of January, 1889, and until their successors are elected and qualified. There shall be elected at the next general election, in the same manner as other State officers are elected, three qualified electors, who shall constitute the board of regents of the State university. The term of office of two of the regents so elected shall be four years from the 1st day of January, 1889, and until their suc- cessors are elected and qualified. The term of office of one of the regents so elected shall be two years from and after the 1st day of January, 1889, and until his suc- cessor is elected and qualified, and thereafter at each general election preceding the expiration of the term of office of any member of the board of regents a suc- cessor shall be elected in the same manner as other State officers are elected. The persons elected as regents under the provisions of this act before entering upon the duties of their office shall take and subscribe to the official oath and file the same in the office of the secretary of state. In case of vacan y in said board of regents after the same shall have been filled by election, as herein provided, the governor shall fill the same by appointment until the next general election, when such vacancy shall be filled by election as herein provided. SEC. 1392. The powers and duties of the board of regents are as follows: (1) To prescribe rules for their own government and for the government of the univer- sity; (2) to prescribe rules for the reports of officers and teachers of the university; (3) to prescribe the course of study, the time and standard of graduation, and the commencement and duration of the terms, and the length of the vacations of the university; (4) to prescribe the text-books and provide apparatus and furniture for the use of pupils; (5) to appoint a president of the university, who shall have a diploma from some recognized college of learning of good standing or some State nor- mal school, who has had at least five years of practical experience as an instructor, who is familiar with the modern methods of imparting instruction generally approved in the United States, and who shall be indorsed as to moral character and qualifications as an instructor by the president and faculty of three institu- tions of learning authorized by law to confer degrees: (6) to prescribe the duties of the president and fix his salary and the salaries of all other teachers in the uni- versity; (7) to require the president, under their direction, to establish and main- tain training or model schools and require the pupils of the university to teach and instruct classes therein; (8) to control the expenditures of all moneys appropri- ated for the support and maintenance of the university and all moneys received from any source whatsoever; (9) to keep open to public inspection an account of receipts and expenditures: (10) to annually report to the governor a statement of all their transactions and all other matters pertaining to the university; (11) to transmit with such report a copy of the president's annual report; (12) to revoke LAWS RELATING TO LAND-GRANT COLLEGES. Ill any diploma by them granted on receiving satisfactory evidence that the holder thereof is addicted to drunkenness, is guilty of gross immorality, or is reputably dishonest in his or her dealings, provided that such person shall have at least thirty days' previous notice of such contemplated action and shall, if he or she asks it, be heard in his or her own defense. SEC. 1393. The board of regents shall have the power to appoint a chairman, who shall receive no compensation therefor, nor shall any member of the board of regents receive any compensation for his services except necessary expenses in attending meetings of the board. The board of regents may employ a clerk of said board, who shall receive a salary of $25 per month and who shall keep a full record of all proceedings of the board which shall at all times be open to public inspection, and said clerk shall not be a teacher in said university. SEC. 1394. The board must hold four regular meetings in each year and may hold special meetings at the call of the chairman of the board. SEC. 1395. The president of the university must make a detailed annual report to the board of regents, with a catalogue of pupils and such other particulars as the board may require or he may think useful. SEC. 1396. Upon the recommendation of the president of the university the board of regents shall issue to those who worthily complete the full course of study in the school of mines, or in the school of agriculture, or in the school of ol versity shall be issued to anyone who has not completed the full course of study as above set forth. Upon the recommendation of the president of the university the board of regents shall issue to those who worthily complete the full four years' course of study prescribed in the Nevada State Normal School, a department of the State university, a diploma of graduation . and said diploma shall bear tho heading " The Nevada State Normal School," and to all persons receiving this diploma the State board of education shall issue a State high school certificate of the first grade, good for five years. To the holders of the above State high school certificates of the first grade the State board of education shall grant a life diploma when said graduates of the Nevada State Normal School shall have completed at least five years of successful instruction in the public schools of Nevada or of any other State. Upon the recommendation of the president of the university, the board of regents shall issue to those who worthily complete the three years' course of study prescribed in the Nevada State Normal School a grammar grade diploma of gradu- ation, and said diploma shall bear the heading "Nevada State Normal School, Grammar Grade Diploma," and to all persons receiving this grammar grade diploma the State board of education shall grant a grammar grade State certifi- cate, good for five years. The board of regents may require said normal school graduates, before granting the diploma herein provided for, to sign the following obligation: " I hereby agree to report to the president of the university by letter at least twice a year for three years after my graduation and once a year there- after so long as I continue in the profession of teaching, and when I shall leave the profession I will report the fact to him, with the cause therefor. A failure to make such reports may be considered sufficient cause for the revocation of my diploma." And, further, it is hereby expressly provided, That the graduates of the Nevada State Normal School for the year 1895 shall receive their diplomas and State certificates according to the act of March 19, 1891, hereby amended. Upon the recommendation of the president of the university the board of regents shall issue to those who worthily complete the full course of study in any other depart- ment of the university not equivalent to a regular university course a diploma of graduation, but said diploma shall bear the name of the department from which. it is issued, and in no case to bear the heading of the regular university diploma. Si.c. 1397. It shall be the duty of the president of the university to instruct in the university, and, under- the direction of the board of regents, to manage all affairs connected with the institution, to employ assistant teachers and servants ,. purchase supplies, and make monthly statements to the board of regents of all receipts and expenditures, supported by vouchers. SEC. 1398. There shall be no discrimination in the admission of pupils on account of sex, race, or color; but no person shall be admitted who is not of good moral character, and who has not arrived at the age of 15 years and passed such an examination as shall be prescribed by the board of regents; and no person under said age shall hereafter be taught in said institution. SEC. 1399. Tuition shall be free. SEC. 1400. The State superintendent of public instruction must visit the univer- sity at least every three months, inquire into its condition and management, and 112 EDUCATION EEPOET, 1903. report to the board of regents quarter-yearly the condition of the institution, with such suggestions as he may deem proper. SEC. 1401. All expenses incurred, of every name and nature, involving the pay- ment of money by or under the direction of the board of regents of the university, shall be passed upon by the board of examiners as other accounts against the State, and be paid out of the moneys appropriated for the university. SEC. 1402. It shall be the duty of the president of the State university, in addi- tion to his other duties as fixed by law, to cause to be analyzed by an assistant, teacher, or teachers employed at the State university any ores, mineral, soil, or water taken from within the boundaries of the State of Nevada, and sent by any citizen of said State for that purpose. Any citizen of the State may send any such substance and have the same analyzed free of charge and the result of the same returned to him by mail with as near as possible an explanation of their uses and value in market 'and there shall be kept at the State university a book of record, open for inspection, under such rules as may be made by the regents, of all mineral, ores, or other matters so sent, with the history of such mineral or other matters, stating the name of the person or persons from whom received, the district and county from which it came, and all other matters that may be bene- ficial touching the same. A duplicate of the sample analyzed, as far as practi- cable, shall be kept at the university, properly labeled, so as to correspond to the record, and properly preserved. SEC. 1403. If the same kind of matter for analysis is sent from the same place, it shall not be necessary to analyze the same, but a duplicate of the analysis shall be sent by mail to the person desiring the same. SEC. 1404. Samples for analysis shall be analyzed in the order received. SEC. 1405. Sample assays for gold or silver shall be made, and when the value per ton exceeds $5 in gold the returns shall state the fact thus, " Test for gold." And when the value per ton exceeds $5 in silver the returns shall state the fact thus, "Test for silver." SEC. 1406. There is hereby created a board to be known as the honorary board of visitors of the Nevada State University. Said board shall consist of 15 mem- bers. The chief justice of the supreme court shall be ex officio a member and the chairman of said board. In the absence of said chief justice the members of the board may elect one of their number to act as temporary chairman. The term of office of the members of said board shall be two years from the date of their appointment and until their successors are appointed. SEC. 1407. The governor shall appoint and commission, within forty days after the passage of this act, from each county one suitable and discreet person who is interested in higher education and who is an actual resident of said county as a member of said board. SEC. 1408. It shall be the duty of said board of visitors to meet annually at the seat of the Nevada State University during commencement week, and inspect the grounds, buildings, and equipment of said university, and also inquire into the actual state of the discipline, instruction, police administration, and other affairs or concerns of the university. The board of visitors shall report thereon to the governor within thirty days after each annual meeting, for the information of the people of the State and of the next succeeding legislature of the State, their action as such visitors, with their views and recommendations concerning the university, such as they shall deem wise and just and for the best interests of the university. SEC. 1409. The president of the university shall cause at least thirty days' notice to be given to the members of the honorary board of visitors of the time and place of their annual meeting. SEC. 1410. No compensation shall be made to the members of said board of vis- itors for their services or for their traveling expenses, but the board of regents shall pay out of the university contingent fund their expenses for board and lodg- ing while at the university. SEC. 1411. The agricultural experiment station, organized and established by the board of regents of the State university at and in connection with said State university, is hereby recognized and shall be continued as a part of said State institution, and shall be conducted by a " board of control " hereinafter provided for, for the purpose of acquiring and diffusing among the people useful and prac- tical information on subjects connected with agriculture and to promote scientific investigation and experiment respecting the principles and applications of agri- cultural science, said State university having been established in accordance with the provisions of an act of Congress approved July 2, 1862. SEC. 1412. The board of control of said agricultural experiment station shall consist of the board of regents of the State university, and they shall organize said board and choose its officers. LAWS BELATING TO LAND-GKANT COLLEGES. 113 SK '. 1 1!3. Th ) board of control of said agricultural exporiment station shall, to the best of its ability, observe and carry out the requirements of " an act to estab- lish agricultural experiment stations in connection with the colleges established in th ' several States under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto/' approved by the President March 2, 1887. The said !)-);ird of control shall have charge of the receipts, safe-keeping, and expendi- ture of all money appropriated by Congress for the benefit and use of said agri- cultural experiment station; they shall be allowed and paid all necessary expenses incurred by them severally, in the discharge of their official duties, but shall receive no salary or compensation for their services. &'*". 1414. Said board of control shall make a report at the end of each fiscal year to the governor, and 1 ,200 copies thereof shall be printed at the State print- ing office for general distribution by said board. The governor shall transmit all said annual reports to the legislature. SEC. 1415. The legislature of Nevada hereby gratefully assents to the purposes of all grants of money made heretofore and all which may hereafter be made to the State of Nevada by Congress, under the act of Congress the title of which is recited in section 1413 above, and agrees that the same shall be used only for the purposes named in said act of Congress or acts amendatory thereof or supplemen- tary thereto. . 1416. The State university of this State was, and now is. established in accordance with the provisions of the constitution of the State of Nevada, and also in accordance with the provisions of an act of Congress approved July 2, 1862. SEC. 1417. The board of regents of said State university and agricultural, mining, and mechanical college are the proper trustees of same to receive and disburse all appropriations made to this State under the provisions of "an act to apply a por- tion or the proceeds of the public lands to the more complete endowment and sup- port of the colleges for the benefit of agriculture and mechanic arts, established under the provisions of an act of Congress approved July 2, 1862." approved August :><>, is.o. and nil appropriations hereafter to be made under said act. SEC. 141M. Said board of regents shall make a report at the end of each fiscal year, in connection with its annual report to the governor, of other State university mat- ters, including the amounts received and disbursed under the provisions of this act. The governor shall transmit all said annual reports to the legislature. SEC. 1419. The legislature of Nevada hereby gratefully assents to the purposes of all grants of money made heretofore and all which may hereafter be made to the State of Nevada by Congress, under the act of Congress the title of which is recited in section 2 of this act (section 1417 above), and agrees that the same shall be used only for the purposes named in said act of Congress or acts amendatory thereof or supplemental thereto. Statutes, 1901, Chapter XLI: SECTION 1. The board of regents of the State uni- versity are hereby authorized and directed to contract and equip a suitable building upon the State land at Reno, to be known as a chemical and physical laboratory and used for purposes of instruction and research in chemistry and physics. Si :< !. 2. The building shall be of brick and stone and shall not exceed in cost tne sum of $12,000. SEC. 3. Twelve thousand dollars are hereby appropriated for the construction and equipment of said building, and in no case shall a contract be entered into which shall exceed the sum of $12,000 for the erection and equipment of said building. Sec. 4. The money hereby appropriated shall be taken from the State school fund. and in its place shall be deposited twelve bonds of the State of Nevada of $1 ,000 each , bearing interest at the rate of 4 per cent per annum. Said bonds shall run for twenty years, but shall be redeemable by the State at its pleasure after two years. Said bonds shall be signed by the governor and State comptroller, countersigned by the State treasurer, and authenticated with the great seal of the State, and each bond shall state in substance that the State of Nevada owes its State school fund $ 1 .()( 10 . the interest on which sum , at 4 per cent per annum , the State of Nevada agrees to pay during the life of said bonds for the benefit of the common schools of the State. Said bonds may be lithographed, as is usual in similar cases, and deposited with the State treasurer. The interest on said bonds shall be paid smniannually , on the 1st day of January and the 1st day of July of each year, on the written order of the State board of education to the State comptroller, directing him to draw his warrant for the amount of such semiannual interest on the contingent university fund. All sums derived from the interest on said bonds shall be paid into the gen- eral school fund for the support of the common schools of the State, and for the ED 1903 8 114 EDUCATION EEPORT, 1903. regular and prompt payment of which the faith and credit of the State is hereby pledged. SEC. 5. For the fiscal year beginning January 1 , 1901 , and annually thereafter, such an annual tax shall be levied and included in and be a part of the annual tax levy for the contingent university fund, not exceeding one-half of 1 cent on each $100, as may be necessary to pay the annual interest on said bonds and create a sinking fund for their redemption and payment at maturity, which tax, when collected, shall be held in said contingent university fund and applied only to the payment of ssiicl interest and bonds, as required by this act. (Approved Mar. 12, 1901.) Ibid., 1901, Chapter XLIX: Appropriates for the support of the State University $36,000, payable as follows: From the contingent university fund $26.000, and from the interest account, 90,000-acre grant [act Cong., July 2, 1862], $10,000. Ibid., 1901, Chapter XLV: SECTION 1. The board of regents of the State Uni- versity are hereby directed to construct and equip a suitable building upon the State land at Reno, to be used as a hospital for students who may be sick and in need of special care. SEC. 2. The building to be used as a hospital for students, and its equipments shall not exceed in cost the sum of $3,500. [The act then provides for live bonds of $700 to be substituted for money taken from the State school fund under the conditions of the fourth section of Chapter XLI above.] Ibid. , 1901 , Chapter LXX: SECTION 1. From and after the passage of this act, for the purpose of keeping the State on a cash basis without resorting to an onerous rate of taxation, the sum of $47,000 is hereby authorized to be borrowed for the use and benefit of the general fund of the State from the State school fund at such times and in such amounts as may be necessary to meet the requirements of the State government, and the sum of $20,000 is hereby authorized to be borrowed for the purpose of providing funds for the support and maintenance of the State Uni- versity, without resorting to an onerous rate of taxation, from the State University fund and the university fund, 90,000-acre grant, for the use and benefit of the con- tingent university fund and interest account, 90,000-acre grant, at such times and in such amounts as may be necessary to meet the requirements of the State University. NEW HAMPSHIRE. Constitution, article 82: Knowledge and learning generally diffused through a community being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country being highly conducive to promote this end, it shall be the duty of the legislators and magistrates in all future periods of this government to cherish the interest of literature and the sciences and all seminaries and public schools; to encourage private and public institutions, rewards and immunities for the promo- tion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, hon- esty and punctuality, sincerity, sobriety, and all social affections and generous sentiments among the people: Provided, nevertheless. That no money raised by taxation shall ever b3 granted or applied for the use of the schools or institutions of any religious sect or denomination. [This proviso was added in 1877.] Laws, 1863, chapter 2732: SECTION 1. The State of New Hampshire hereby accepts the grant made to it by Congress, according to the provisions of an act donating public lands to the several States and Territories, which may provide colleges for the benefit of agriculture and the mechanic arts, approved July 2, 1862, and the governor is hereby authorized and instructed to give due notice thereof to the Secretary of the Interior, or other proper officer of the Government of the United States. SEC. 2. The governor is hereby authorized and instructed to receive by himself, or his order, from the Secretary of the Interior, or any other officer authorized to issue the same , all the land scrip to which this State may be entitled by the pro- visions of the before-mentioned act of Congress. SEC. 3. The governor, by and with the advice and consent of the council, is hereby authorized and instructed to appoint a commissioner, whose duty it shall be to take charge of the scrip received by this State, and to sell and transfer the same on terms to be approved by the governor and council: Provided, That no scnp shall be transferred and delivered to any purchaser thereof until the same shall have been fully paid for, and said commissioner shall pay the moneys so LAWS RELATING TO LAND-GKANT COLLEGES. 115 received to the treasurer of the State. Said commissioner shall give a bond with smiicient sureties, in tne penal sum of $35.000. to bj approved by the governor and council, that he will faithfully perform the duties of his office, and shall render full and accurate returns to them at the end of every yix months, or oftener, if required to do so by them, of his proceedings under this act. The compensation of said commissioner shall be fixed by the governor and council, and the governor is hereby authorized to draw his warrants on the treasury for the same, and for all other necessary expanses arising out cf the management and sale of said scrip. SEC. 4. The treasurer shall hold all the moneys received for the sale of said scrip and shall invest the same in accordance with the provisions of the fourth section of the before-mentioned act of Congress. The money so invested shall constitute a separate and perpetual fund, to be entitled " The fund for the promotion of edu- cation in agriculture and the mechanic arts," which shall be appropriated and tli" interest used in such manner as the legislature shall prescribe, and in accord- ance with the aforesaid act of Congress, and with which a special office and bank account shall be kept, so that the moneys shall not be intermingled with ordin- ary funds of the State; and cf the state and condition of said fund the treasurer shall make an annual report to the legislature. Si.i . 5. The governor, with the advice and consent of the council, is hereby authorized and instructed to appoint a committee consisting of 10 persons, one from each county, who from their profession and pursuits may, in their judg- ment, be best qualified for the duty, who shall, after the fullest inquiry and con- sultation, prepare a scheme for the establishment of a college for education in agriculture and the mechanic arts and make a printed report thereon to the legis- lature at its next June session. The compensation of said committee for their labor and expenses shall be determined by the governor and council, and the governor is hereby authorized to draw his warrants on the treasury for the same on receiv- ing their report. (Approved July 9, 1863.) Laws. 1S6(5, chapter 4216: SECTION 1. A college is hereby established, incorpo- rat (1. and made a body politic and corporate, by the name of the New Hampshire College of Agriculture and the Mechanic Arts, whose leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic, arts, in conformity to an act of Congress ' ' approved July 2, UK! by that name may sue and be sued, prosecute, and defend to final judg- ment and execution, and shall be vested with all the powers and privileges and be subject to all the liabilities incident to corporations of a similar nature. SKC. 6. The trustees are authorized and empowered to locate and establish the college incorporated by this act at Hanover, in this State, in connection with Dartmouth College, and with that corporation to make all necessary contracts in relation to the terms of connection therewith, subject to be terminated upon a notice of one year given at any time after foiirteen years. * * * The said trustees are also authorized and directed to furnish, so far as may be practicable, free tuition to indigent students of the college, and to make provision for the delivery of free lectures in different parts of the State upon subjects pertaining to agriculture and the mechanic arts. SEC. 7. All funds derived from the sale of the land scrip issued to the State of New Hampshire by the United States, in pursuance of the act of Congress herein- before mentioned, shall be invested in registered bonds of the State of New Hampshire or of the United States, which shall be delivered to the State treas- urer, who shall have the custody of the same, and pay over the income thereof, as it may accrue, to the treasurer of the College of Agriculture and the Mechanic Arts. (Approved July 7, 1866.) Laws, 1887, chapter 125: The sum of $3,000 is hereby appropriated annually to the New Hampshire College of Agriculture and the Mechanic Arts, to be annually expended in providing free tuition for all students in said college who are resi- dents of the State and in paying the general expenses of the college in such man- ner as the trustees may direct; the said sum to be drawn from the treasury in semiannual payments from any moneys not otherwise appropriated. (Approved August 24, 1887.) Laws, 1891 , chapter 2 : SECTION 1 . The legislature of the State of New Hampshire hereby gives its assent to the purpose of and accepts for the benefit of the New Hampshire College of Agriculture and the Mechanic Arts the grants of money authorized by act of Congress approved August 30, 1890, for the further endow- ment and support of the colleges for the benefit of agriculture and the mechanic arts and " to be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural 116 EDUCATION REPORT, 1903. and economic science, with special reference to their applications in the industries of life and the facilities for such instruction," as provided in said act of Congress. SEC. 2. The treasurer of the New Hampshire College of Agriculture and the Mechanic Arts is hereby designated and authorized to receive all grants of money made to this State under the provisions of said act of Congress. Laws, 1891, chapter 12: Whereas Benjamin Thompson, late of Durham, in this State, died January 30, 1890, leaving a will and codicils thereto, which have been proved, approved, and allowed by the probate court of the county of Straff ord, by which he devised a large share of his property to the State of New Hampshire, in trust, for the establishment and maintenance of a school or college, to ba located on his " Warner Farm," in said Durham, wherein there shall be thoroughly taught, both in the schoolroom and in the field, the theory and practice of agri- culture and other sciences connected therewith, and wherein there may be taught such other arts and sciences as may be necessary to enable the State to fully avail itself of the donation of land made by the act of Congress of the United States approved July 2, 1862, entitled, etc.; and Whereas said bequest is made subject to certain provisos, conditions, and lim- itations set forth in the will and the codicil thereto, to which reference is made for the particulars thereof; and Whereas by one of said conditions it is provided that said bequest shall become null and void if the State does not accept the trust within two years from the time of the decease of said Thompson: Now, therefore, SECTION 1. The State of New Hampshire does hereby gratefully accept said bequest, subject to the provisos, conditions, and limitations set forth in said will as modified by the codicils thereto, and, in consideration thereof, does hereby promise to execute said trust in accordance with the terms of said will. SEC. 2. The State, in compliance with the requirements of said will and codicils, promises and guarantees to appropriate, and doss hereby appropriate, annually for the term of twenty years from and after said Thompson's death such sum as will pay a net annual compound interest of 4 per cent per annum upon the amount of the appraised value of the estate bequeathed and devised to the State as aforesaid, aside from the real estate situated in said Durham , after deducting therefrom the legacies given by the codicils to said will, and does hereby authorize and direct the State treasurer to credit said sums to the trust fund, as provided in the fourth section of this chapter. SEC. 3. The State, in further compliance with the requirements of said will and codicils, promises and guarantees to appropriate, and does hereby appropriate, annually for the term of twenty years from and after said Thompson's death the sum of $3,000 and such further sum as will pay a net annual compound interest of 4 per cent per annum upon said annual appropriations from the dates when they severally become a part of the trust fund until the expiration of the said term of twenty years, and does hereby authorize and direct the State treasurer to credit said sums to the trust fund, as provided in the following section. SEC. 4. The State treasurer, upon receipt of the estate devised to it by said will and codicils, shall open two accounts in a book provided for the purpose, as fol- lows: He shall open one account with "The Benjamin Thompson trust fund," and shall credit therein to said fund, under date of January 30, 1891, the amount of the appraised value of the estate received by the State, by virtue of said Thomp- son's will, together with a sum equal to 4 per cent ux^on said appraised value (not including the real estate situated in said Durham) , and on the 30th day of January in each year thereafter until and including January, 1910, excepting when such day falls on Sunday, and in such cases on the day preceding, he shall credit to said account a sum equal to 4 per cent upon the total amount of said trust fund, except- ing the appraised value of the real estate in said Durham, after the credits of the preceding year have been made. He shall open the other account with ' ' The Ben- jamin Thompson State trust fund," and shall credit therein to said fund, under date of January 30, 1891, the sum of $3,000, together with a sum equal to 4 per cent upon said sum of $3,000, and on the 30th day of January in each year there- after, until and including January, 1910, excepting when such day falls on Sunday, and in such cases on the day preceding, he shall credit to said account a sum equal to 4 per cent upon the total amount of said trust fund after the credits of the pre- ceding year have been made. SEC. 5. The accounts so made shall represent the amount of the trust funds in the possession of the State; and the State guarantees to preserve them intact and unimpaired until they shall become available for opening and maintaining said school or college, and then to administer them as required by said will. SEC. C. The State treasurer is hereby authorized to receive from the executors of said will the money, notes, bonds, stocks, and evidences of debt coming to the LAWS RELATING TO LAND-GRANT COLLEGES. 117 State by virtue of the will and to give proper discharge therefor in the name of SEC. 7. If any notes, bonds, stocks, or evidences of debt shall come to the State treasurer from said executors as a part of said estate, he may, with the approval of the governor and council, convert the same into money, selling the stocks and bonds by auction at the Boston Stock Exchange or such other place in Boston as property of that kind is usually sold. SEC. 8. All notes, bonds, stocks, and other evidences of debt coming into the possession of the treasurer and not converted into money as aforesaid shall be transferred to the State and be carefully preserved by the treasurer. The gov- ernor and council may authorize any person to vote upon any of such stocks at meet- ings of stockholders of the corporations to which the stocks appertain, and may authorize a sale, and transfer thereof whenever they deem it to be for the interest of the State. Sir. 9. The governor and council are authorized to sell and convey any real estate coming to the State by virtue of the said will which the State has power to sell, in such manner and at such time as they shall think for the interest of the State, and may make and execute in the name of the State proper conveyances thereof upon payment of the consideration therefor to the State treasurer. SEC. 10. All money received from the sources aforesaid shall be used as soon as practicable after its receipt in paying and retiring outstanding indebtedness of the State; and the State treasurer shall keep an itemized and true account of all money and securities of any kind so received, and of the disposition made of the same and of the proceeds thereof, and shall give a full account thereof in his annual reports, and shall state in each annual report the exact condition of said funds. Src. It. [As amended by Laws. 1891, chapter 52, section 7.] The trustees of the New Hampshire College of Agriculture and the Mechanic Arts are hereby authorized and directed in behalf of the State to receive possession of the real estate in Durham coming to the State by virtue of said will, and to care for, con- trol, and manage it until it is needed for the uses of the school or college to be established as provided in the will. SEC. 12. The board shall make report of their doings in respect to such real estate in their annual reports. SEC. 13. In case the State shall desire to establish said school or college at any time before the expiration of twenty years from the time of the decease of the said Thompson, it shall, before using any of either of the funds aforesaid, raise and set apart such sums of money as will make said funds equal in amount to what said funds would become if accumulated during twenty years, and, having thus raised and set apart such sums of money, the State shall thereafter be relieved from the obligation of appropriating annually, for the balance of the said term of twenty years, the said sum of $3,000 and guaranteeing the net annual compound interest of 4 per cent thereon; and the State shall also be thereafter relieved from the obligation t< > provide for or guarantee any interest upon the amount of the appraised value of said estate, as hereinbefore provided. SK< -. 14. The governor and council are authorized, in behalf of the State, to make and enter into such further stipulations with the executors of said will and to give such further guarantees as the executors shall require to secure the objects intended by said Thompson to be secured by his said will and codicils, and to affix the name and seal of the State thereto, and* to do all other acts that may become necessary to secure the rights of the State under said will. SEC. 15. The said will and codicils shall be recorded in the office of the secretary of state. (Approved March 5, 1891.) Laws, 1891, chapter 52: SECTION 1. The trustees of the New Hampshire College of Agriculture and the Mechanic Arts, located at Hanover, in this State, are hereby instructed and required to terminate the location and agreement made and con- cluded on April 7, 1868, between the said New Hampshire College of Agriculture and the Mechanic Arts and Dartmouth College, by giving one year's notice of such termination , in writing, to the trustees of Dartmouth College as soon as prac- ticable after the time when this act shall take effect, in accordance with the terms of said agreement and of the act of incorporation of said New Hampshire College of Agriculture and the Mechanic Arts. SEC. 2. Upon the termination of the location and agreement aforesaid the said Kew Hampshire College of Agriculture and the Mechanic Arts and the experi- ment station connected therewith shall be removed from Hanover to and located upon the " Warner farm." so called, of the late Benjamin Thompson, in the town of Durham, devised by the said Thompson to the State of New Hampshire by his last w r ill and testament. 118 EDUCATION KEPORT, 1903. SEC. 3. The trustees of the New Hampshire College of Agriculture and the Mechanic Arts are hereby authorized and directed to sell, at public or private sale, the real estate, with the buildings thereon, acquired by them by the deed of John Conant, dated September 16, 1870, * * and all other real estate owned by said college in tho town of Hanover, reserving the right to occupy the same until the removal of said college as hereinbefore provided, and to invest the pro- ceeds of such sales, so far as the same shall be derived from the sale of the land conveyed to said college by said Conaiit, in accordance with the terms expressed in his said deed, and the balance of said proceeds in aid of the erection and fur- nishing of buildings for the use of said college upon said Warner farm. SEC. 4. [Repealed by Laws, 1893, chapter 43. section 3, q. v.] SEC. 5. The general government of said college of agriculture and mechanic arts is vested in a board of 13 trustees, and all vacancies hereafter occurring in said board shall be filled as follows: The governor of the State and the president of said college shall be trustees ex officio. The alumni of said college may elect 1 trustee in such manner as said board may prescribe. He shall be a resident of the State, and his term of office shall be three years. All other trustees shall be appointed by the governor, with the advice of the council, 1 at least from each councilor district, and so classified and commissioned that the office of 3 trustees shall become vacant annually. Not more than 5 of the trustees appointed by the governor and council shall belong to the same political party, and at least 7 of them shall be practical farmers. Seven members shall constitute a quorum for doing business, and not less than 7 affirmative votes shall be required to elect a president of said college. SEC. 6. The sum of $100,000 is hereby appropriated for the removal of said col- lege from Hanover to Durham and the erection and maintenance of suitable buildings for the purposes of said college. [Reimbursement of the State for these funds is provided for in Laws, 1893, chapter 73, q. v.] SEC. 8. This act shall take effect and be in force from and after the day on which the estate devised and bequeathed to the State by the said Benjamin Thompson shall be turned over to and become the property of the State. The State treas- urer is hereby required to notify the trustees of said college of agriculture and the mechanic arts, in writing, of the reception of said estate immediately after it shall be turned over to the State as aforesaid. (Approved April 10, 1891.) Laws, 1893, chapter 43: SEC. 3. The State of New Hampshire hereby relinquishes to the trustees of Dartmouth College any rights which the State may have in Cul- ver Hall, at Hanover, and waives the payment by said trustees of the $15,000 appro- priated by the State July 9, 1869, in aid of the erection and furnishing of said Culver Hall; and the sum of $15,000 is hereby appropriated, to be paid out of any money in the treasury, in aid of the erection and furnishing of the buildings required for the use of the New Hampshire College of Agriculture and the Mechanic Arts upon the Warner farm, in Durham. (Approved March 29, 1893.) Laws, 1893, chapter 73: SECTION 1. The sum of $35,000 is hereby appropriated for completing and furnishing the buildings of the New Hampshire College of Agriculture and the Mechanic Arts in Durham, and for other purposes of said col- lege, and the governor is authorized to draw his warrant on the treasurer for said sum, from time to time, as the same shall be needed, and the same shall be paid to the treasurer of said college of agriculture and the mechanic arts and expended under the direction of the trustees. SEC. 2. To provide the funds appropriated by this act and to reimburse the State treasury for the amount appropriated by chapter 52 of the pamphlet laws of 1891,. the State treasurer is hereby authorized to issue, under the direction of the gov- ernor and council, bonds or certificates of indebtedness in the name and in behalf of the State to an amount not exceeding the sum of $135,000, and the same shall be deemed a pledge of the faith and credit of the State. SEC. 3. Said bonds or certificates shall be dated July 1, 1893, and made payable in twenty years, at a rate of interest not exceeding 4 per cent per annum, payable semiannually on the 1st days of January and July of each year, such bonds to have interest warrants or coupons attached thereto, said bonds and coupons to be signed by the State treasurer and made payable at such bank in Boston as shall be desig- nated by the governor and council. SEC. 4. The treasurer shall keep a record of all the bonds disposed of by him, which shall contain the name of the person to whom any bond may be sold, the number thereof, the amount received therefor, and the date when the bond shall become due. SEC. 5. The Benjamin Thompson State trust fund, established in pursuance of the provisions of section 4, chapter 12. of the pamphlet laws of 1891, and the require- ments of the will of the late Benjamin Thompson, with all additions and accuinu- LAWS RELATING TO LAND-GRANT COLLEGES. 119 lations prior to and including January 30, 1910; are hereby appropriated for the payment of the issue of bonds authorized by this act, provided that on the last- named date the buildings erected in accordance with the provisions of chapter 52 of the pamphlet laws of 1891 and this act shall be in such condition as to meet the requirements of Benjamin Thompson's will. SEC. 6. The trustees shall elect three of their board, who shall have the sole con- trol of expending this appropriation . and shall complete the buildings and grade the grounds for which this appropriation is made, and make a detailed report of their expenditure to the governor, which report shall be published. (Approved April 1, 1893.) Laws, 1895, chapter 107: SECTION 1. A two years' course in practical and theo- retical agriculture is hereby established in said college, to which students shall be admitted who can pass a fair and reasonable examination in reading, spelling, writing, arithmetic. English grammar, and the geography and history of the United States, as may be approved by the trustees. In this course students are not required to take higher mathematics or any foreign language. In addition, they may take any other exercises and studies for which they are qualified and which are provided by the college in other courses. Those who complete the two years' course, or its equivalent, shall receive diplomas as graduates of that course, Those who take a part or the whole of this course may continue, for four years in all, to take in other courses, exercises, and studies for which they are 'qualified; and if they are qualified for a degree of a four years 1 course, they shall receive it, Sic. 2. A department of horticulture, with a specialist in charge, is hereby established in said college. Si.c. 3. Every student taking the two years' course, or during two years of any agricultural course, shall devote not less than ten hours a week during the college year, when practicable, under competent teachers, to practical instruction and manual training in branches of agriculture that require special knowledge and skill, one-third of which time may be devoted to suitable practical instruction and manual training in shopwork in wood and iron; but any student may be excused from such exercises for physical disability. At the request of parents or guardians, students may be excused from some or all of such exercises by the trust* -es. A student excused from all. or substantially all, such manual exercises at the request of parent or guardian, and not for sickness or other disability, shall not receive said diploma. Laws. 1S<)7, chapter 75: The property of the New Hampshire College of Agri- culture and the Mechanic Arts is.hereby exempted from taxation. Laws, 1899, chapter 42: Whereas Hamilton Smith, of Durham, in this State, has offered to donate the sum of $10,000 to the State of New Hampshire for the benefit of the New Hampshire College of Agriculture and the Mechanic Arts for the purpose of establishing four scholarships, to be called the Valentine Smith scholarships: and Whereas the said donation involves certain conditions, namely, that the sum of xloo be appropriated annually from the treasury of the State for the purpose of paying to the treasury of the said college interest upon said donation at the rate of 4 per cent: Therefore, SECTION 1. The State of New Hampshire does hereby accept said donation and bind itself to fulfill the conditions as specified in the deed of gift, and does hereby promise to execute the said trust in full accord with the terms of said trust. SEC. 2. The State, in compliance with the conditions of the said trust, guaran- tees to appropriate and does hereby appropriate, annually, the sum of $400, namely, interest upon the amount of $10.000. SEC. 3. The interest thus appropriated shall be computed from the date of the receipt by the treasurer of the State of the $10,000 specified in the contract of gift, SEC. 4. Beginning with the date of said receipt by the treasurer of the State, said treasurer shall pay to the treasurer of the college, in semiannual installments^ the amount of $400 annually, as hereby appropriated. JERSEY. [The following matter is taken from the "General Statutes of New Jersey, published under the authority of the legislature by virtue of an act approved April 4, 1834, and a supplement thereto approved March 20, 1895, in 3 volumes," Jersey City, N. J., 1896.] Agriculture. SEC. 33. Whereas the governor of this State has received from the Secretary of the Interior the scrip for public lands granted to the State of New Jersey by an act of Congress ot the United States approved July 2, 1862, and holds the same subject to such disposition as may be made by the legislature: Therefore^ 120 EDUCATION REPORT, 1903. The governor of this State, the attorney-general, the secretary of state, the comp- troller, in case such office be created, and the treasurer of the State, and their suc- cessors in office for the time being, are hereby appointed commissioners to take charge of such scrip, and, as agents of the State, to sell and dispose of the same at such time or times, and in such mode as may appear to be most advantageous and safe, and in the name and on behalf of this State to convey and transfer the same to the purchaser or purchasers thereof, and to invest the avails thereof in the manner specially provided by said act of Congress. SEC. 34. Said commissioners shall semiannually pay over the interest of the fund which may result from the sale of said scrip to the trustees of Rutgers Col- lege, in New Jersey, for the special purposes and upon the special conditions here- inafter set forth. SEC. 35. Said trustees shall devote said interest wholly and exclusively to the maintenance in that department of Rutgers College known as Rutgers Scientific School of such courses of instruction as (including the courses of instruction already established by said trustees) shall carry out the intent of said act of Con- gress in the manner specially prescribed by the fourth section of said act. SEC. 36. Said trustees shall furnish gratuitous education in said courses of instruction to pupils of said school in such manner as the legislature shall pre- scribe; the number of pupils to be so received gratuitously into said school shall be in each year such a number as would expend a sum equal to one-half of the said interest for the same year in paying for their instruction in said school if they were required to pay for it at the regular rates charged to other pupils of said school for the same year; said pupils so nominated and received shall be citizens of this State and shall be admitted into said school upon the same terms and subject to the same rules and discipline which shall apply to all other papils of said school, with the single exception that they shall not be required to pay anything for their instruction. SEC. 37. The said trustees shall annually make and distribute the reports required by the fourth paragraph of section 5 of said act of Congress. SEC. 38. No portion of the said interest shall be paid over to said trustee? until they shall contract with this State, in such form as the said commissioners shall approve, to fulfill and perform all the duties and obligations imposed upon them by this act: Provided, That the said board of trustees shall, in their corporate capacity, obligate themselves to erect additional and adequate buildings, as soon as the same may become necessary, without charge to or upon this State, and, in like manner, to furnish and provide a suitable tract of land conveniently located for an experimental farm. SEC. 39. There shall be appointed by the governor, with the advice and consent of the senate, a board of visitors, consisting of ten persons, two from each Con- gressional district in this State, who shall hold their office respectively for five years and who shall in the first instance be so appointed that the term of office of two of the said board of visitors shall expire each year, and the governor shall in like manner appoint two annually thereafter and shall have power to fill all vacancies in the board, but the person so appointed to fill such vacancy shall only serve under such appointment until the next session of the senate and until an appointment shall have been made by the governor, with the advice and consent of the senate, and the person so appointed shall hold office only for the unexpired term of the person whose place he is to supply; and it shall be the duty of the board of visitors to visit the said school at least twice in each year and to make report thereon to the legislature during the second we^k of the annual session. SEC. 40. The board of visitors shall possess general powers of supervision and control and shall report to the legislature such recommendations as to them may seem proper. SEC. 41. The said board of trustees shall cause to be delivered annually in each county of this State one or more public lectures upon the subject of agriculture, free of charge. SEC. 42. The students of agriculture and the mechanic arts shall be admitted into said college upon the recommendation of the board of chosen freeholders of their respective counties, and the number of students that a county shall at any one time be entitled to have in said college shall be equal to the number of rep- resentatives in the legislature to which such county is entitfed, or in proportion to the same. SEC. 43. The legislature shall have power at any time hereafter to pass such laws as may be deemed necessary and proper to enforce the due execution of this act and of the before-mentioned act of Congress. SEC. 44. The board of visitors to the Agricultural College of New Jersey shall hereafter consist of two members from each Congressional district in this State LAWS RELATING TO LAND-GRANT COLLEGES. 121 under the present apportionment, to be nominated by the governor, with the advice and consent of the senate. SEC. 45. The members of the board of visitors to the agricultural college now in office shall continue to be members of the said board for the respective Con- gressional districts in which they now reside until the expiration of the term for which they were appointed. SEC. 46. The public lectures hereafter to be delivered by the State agricultural college in the counties of this State shall, as to number, time, and place, be under the direction of the board of visitors of the State agricultural college. SEC. 47. The term of office of members of the board of visitors to the agricul- tural college of New Jersey shall hereafter be two years: Provided, That this pro- vision shall not apply to members appointed previous to the passage of this supplement. SEC. 48. The actual personal expenses of members of the board of visitors incurred in the discharge of the duties imposed upon them by the act to which this is a supplement shall be audited by the comptroller and paid by the treasurer of the State out of any moneys unappropriated, on the certificate of the president and secretary of the board. SEC. 49. For the purpose of bringing to public attention the condition of the free State scholarships in the State agricultural college, the board of visitors are hereby authorized to give such notice by letter, or posting, or by advertisement of the counties to which the vacant scholarships belong and the mode of filling them as they may judge to be to the interest of the State. SEC. 50. Bills incurred for the above-named objects, properly certified by the president and secretary of the board, shall be audited by the comptroller and paid out of the State treasury. Si.' 1 . 51. Whereas the proceeds of the "agricultural college fund'' of the State of New Jersey were, by act of the legislature approved April 4, 1864, directed to be paid to the "trustees of Rutgers College, in New Jersey, for the maintenance in that department of Rutgers College known as Rutgers Scientific School of such courses of instruction (including the courses of instruction already established by said trustees) as shall carry out the intent" of the act of Congress of July 2, 1862, and whereas said "trustees of Rutgers College, in New Jersey," have by virtue of said act received the proceeds of said fund and have faithfully carried out the provisions of the laws of the United States and of the State of New Jersey relating thereto, and have maintained and are now maintaining the State agricultural college of New Jersey in its vzmons departments, in pursuance of and as required by tin; law of the State, it is hereby affirmed and represented that said institution is the State agricultural college of New Jersey, and whereas by the act of the legislature of New Jersey entitled "An act to provide for the establishment of an agricultural experiment station," approved March 10, 1880, the State agricultural experiment station was created and established, and % by the board of managers thereof, by the authority given them in the law. has been located at the said State agricultural college as a part of the agricultural system of the State, and whereas there is no other State agricultural college and no other agricultural department of a college and no other State agricultural experiment station in this State than is hereinbefore mentioned, the said Rutgers Scientific School, being said State agri- cultural college of New Jersey, maintained by the "trustees of said Rutgers Col- lege, in New Jersey," and at which the said State agricultural experiment station is established and located, is hereby designated the college to receive the benefit of the act of Congress "to establish agricultural experiment stations," approved March 2, 1887, and of the act "making an appropriation to carry into effect the provisions of an act approved March 2, 1887," approved February 1, 1888, and any supplements thereto; and the State of New Jersey does hereby designate the "trustees of Rutgers College, in New Jersey," maintaining said Rutgers Scientific School, said State agricultural college, as the parties to whom any and all moneys appropriated by Congress under said acts, or acts supplementary thereto, shall be paid for the purposes mentioned in said acts of Congress. SEC. 52. The board of visitors to the State agricultural college shall hereafter consist of two members from each Congressional district in this State, to be appointed by the governor with the advice and consent of the senate. SEC. 53. All acts and parts of acts inconsistent herewith are hereby repealed, and this act shall take effect immediately. SEC. 54. Whereas the commissioners named in said act approved April 4, 1864, "to take charge of such scrip, and as agents of the State to sell and dispose of the same at such time or times and in such mode as may appear to be most advanta- geous and safe," did invest the proceeds of the sale thereof in " war bonds " of the 122 EDUCATION EEPOKT, 1903. State of New Jersey, a portion of which bonds have already matured and been paid, and the balance thereof will mature January 1, 1897, and January 1, 1902, and whereas the moneys received by said commissioners in payment of said bonds already matured and paid are iinin vested, owing to the inability of said commis- sioners to invest the same conformably to the said act of Congress, and said moneys and the further funds to be received by said commissioners will remain uninvested and the objects of said act of Congress and of said act of the legisla- ture of this State, approved April 4, 1864, thereby [be] defeated; and whereas the governor, by special message, has recommended legislation to meet the require- ments of the situation, that forthwith on the passage of this act the said com- missioners named in this act approved April 4, 18C4, shall transfer and pay over the funds now in their hands or deposited to their credit to the official or officials having charge of the sinking fund of this State, and said commissioners shall from time to time hereafter, as moneys shall be by them received under this act approved April 4, 1864, likewise pay over and transfer the same to the State sink- ing fund, and thereafter the said moneys so transferred or paid over shall be incorporated with and become part and parcel of the sinking fund of this State and dealt with in all respects as part and parcel thereof. SEC. 55. Upon payment or transfer of any such moneys as aforesaid to the sink- ing fund of the State, the v State treasurer and comptroller shall issue and deliver therefor to said commissioners a certificate of this State to the eifect that the State will pay to said commissioners, semiannualiy, 5 per cent of the amount so paid into or transferred to the sinking fund so long as said act of Congress and the laws of this State, passed in pursuance thereof, shall be in all things and by all parties observed and complied with. SEC. 56. The per centum paid to said commissioners upon any certificate issued under this act shall be by them paid over to the person or persons, body or bodies, now or hereafter entitled by law to receive the same. SEC. 57. In order that students in the schools in all parts of the State may receive the stimulus afforded by the opportunity to pursue the courses of study in the State agricultural college, and in order to enable said State agricultural col- lege to furnish instruction gratuitously to students, residents of this State, in its several courses of study, as special courses of advanced study in the public school system of this State, there shall be sent to the said college to the number of one each year from each assembly district in this State, to be selected and designated as hereinafter provided, who shall receive gratuitous instruction in any or in all the prescribed branches of study in any of the courses of study of said State college, under the general powers of supervision and control possessed by the board of visitors of said State college; said students so received shall be residents of this State, and shall be admitted into said State college upon the terms and subject to the rules and discipline which shall apply to all other free students of said State college; and if there should be more than one suitably- prepared applicant from tHe same assembly district in the same year, such addi- tional applicants may, in the discretion of the board of visitors of the said State agricultural college, be received on any vacant scholarships of any other assembly districts until such districts shall require such scholarships after notice has been served on the superintendent of education of the county in which such vacant assembly districts are situated. SEC. 58. Said students shall be selected as follows: A competitive examination, under the direction of the city superintendents and the county superintendent of education in each county, shall be held at the county court-house in each county of the State, upon the first Saturday in June in each year, and the necessary travel- ing expenses of said examiners not otherwise provided for by law, on the approval of the president and secretary of the board of visitors of said State agricultural college, shall be paid by said State college; students who apply for examination shall be examined upon such subjects as may ba designated by the faculty of said college and the State board of education; and the said city and county superin- tendents shall report to the president of said college and to the State superintend- ent of public instruction the names of all such students examined as in their opinion are suitably prepared to enter said college, with their estimate of the order of excellence in scholarship shown by said students at such preliminary examina- tion; certificates of appointment to the State agricultural college shall be issued by the State superintendent of public instruction to all of such students as are so found to be qualified to enter said college; and in case the vacant scholarships shall not be sufficient to receive all such successful candidates, preference in appointing to vacant scholarships shall be given to successful candidates in the order of the excellence of their examination as certified by said superintendents; and in general the regulations and provisions governing the conduct of such LAWS RELATING TO LAND-GKANT COLLEGES. 123 examinations, and the appointment of said students to said scholarships shall be subject to the control or said board of visitors of said college. SEC. 59. Each student so appointed and admitted to said college shall be regarded as holding a State scholarship, and for each scholarship so held there shall bo paid, as hereinafter provided, on the 1st day of November in each year, to the treasurer of said college the sum of money as the said college is entitled to receive for each scholarship established in said college under the existing State agricultural college fund: Provided, That such payment shall be made only out of the income of the fund for the support of public free schools remaining after appropriations here- tofore made payable out of said income are met. SEC. 60. In order to ascertain the number of scholarships for which payment shall be made as aforesaid, the president of said college shall, in the month of October in each year, make his certificate in writing, setting forth the names of the students so as aforesaid appointed and then in attendance at said college, the assembly districts from which they were appointed and the classes in college to which they belong, or the special courses of study which they are pursuing, which certificate, when approved by the president of the board of visitors of the State agricultural college, shall be plenary evidence of the number of scholarships for which payment shall be made, and on filing the same with the comptroller of the State he shall draw his warrant upon the treasurer of the school fund for the sum of money to which the said college may accordingly be entitled, and the said treas- urer shall thereupon pay the same as aforesaid. Si.c. 61. This act shall take effect immediately, and shall be subject to amend- ment, alteration, and repeal at the discretion of the legislature. SEC. 62. Whereas by an act of Congress approved August 30, 1890, certain sums of money were appropriated to be paid annually to each State and Territory for the more complete endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts, established in accordance with an act of Con- gress approved July 2, 1862; and whereas the Rutgers Scientific School, main- tained by " the trustees of Rutgers College, in New Jersey," is, and always hith- erto has been, recognized as the agricultural college or agricultural department of the college established in accordance with the said act of Congress approved July *J. 1 s>3, therefore: The assent of the State of New Jersey to the grant made to this State under the said act of Congress approved August 80, 1890, and to the purpose of said grant, as indicated by the acts of Congress relating thereto, is hereby declared and signified, and the secretary of state is hereby directed to transmit a certified copy of this act to the Secretary of the Treasury and to the Secretary of the Interior of the United Statt s. SEC. 63. The moneys received and to be received by this State under the said act of Congress approved August 30. 1890, shall immediately and as soon as received be paid over by the treasurer of this State, upon the warrant of the comptroller of this State and the order of the trustees of Rutgers College, to the treasurer of Rutgers College, for the more complete endowment and maintenance of the said agricultural college or agricultural department of the college, established, as afore- said, for the benefit of agriculture and the mechanic arts, to be by the said trustees applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life and to the facili- ties for such instruction, in accordance with the acts of Congress relating thereto. SEC. 64. The legislature shall have power at any time hereafter to pass such laws as may be deemed necessary and proper to enforce the due execution of this act and the before-mentioned acts of Congress. SEC. 65. For the benefit of practical and scientific agriculture and for the devel- opment of our unimproved lands the New Jersey agricultural experiment station, with suitable branches, is hereby established. SEC. 66. The direction and management of this institution shall be committed to a board of directors, which shall consist of the governor of the State, the board of visitors of the State agricultural college, together with the president and the professor of agriculture of that institution. SEC. 67. The members of this board shall be called together by the secretary of the board of visitors, and shall organize by the election of a president and secre- tary, who shall hold their offices for one year and until their successors are elected; five members shall constitute a quorum. SEC. 68. The board of directors shall hold a meeting each year at Trenton, on the third Tuesday in January, and other meetings at the call of the president, at such times and places as may best promote the objects of the institution. SEC. 69. The board of directors shall locate said experiment station and branches, and shall appoint a director, who shall have the general management and over- 124 EDUCATION EEPORT, 1903. sight of the experiments and investigations necessary to carry out the objects of said institution, and shall employ competent chemists and other assistants neces- sary to analyze soils, fertilizers, and objects of agricultural interest, so as to prop- erly carry on the work of the station, and it shall make an annual report of its work to the governor of the State. SEC. 70. A sum not exceeding $5,000 in any one year is hereby appropriated to said New Jersey experiment station, which money shall be paid from the State treasury on the presentation of the bills of said station properly certified by the president and secretary of the board of directors. SEC. 71. From and after March 9, 1881, the board of directors created by said act [sec.] [but probably meaning the act of 1880 containing the matter given in sec. 66 above] shall be called and known as the board of managers. SEC. 72. In addition to the powers now conferred upon said board, they shall have power to elect a treasurer, who shall hold his office for one year and until his successor shall be elected and qualified; and to appoint such other officers and agents as may be necessary to carry on the business of the institution; and to make such rules, by-laws, and regulations for the government of the board, and for carrying out the objects, business, and purposes of the institution as may, in their judgment, be necessary and proper. SEC. 74. The expenses of said station, when presented to the comptroller of the State, accompanied by the proper vouchers, duly certified by the president and secretary of the board of directors, shall, upon warrant of said comptroller, be paid out of the State treasury: Provided, Such expenses do not exceed the sum of |ll, 000 in any year. SEC. 75. The expenses incurred by the board of managers of the New Jersey agricultural experiment station in printing the bulletins issued from said station containing analyses of fertilizers, fodders, feeds, soils, etc., the results of investi- gations in feeding animals, in testing the adaptability of soils and manures for the various cereal, fruit, and vegetable crops, and such other results of investigations as may be deemed by the board of managers to be of immediate usefulness to the citizens of the State when presented to the comptroller of the State, accompanied by the proper vouchers, duly certified by the president and secretary of the board of managers, shall, upon warrant of said comptroller, be paid out of the State treasury, said sum not to exceed $1,500. SEC. 76. Such payments shall be in addition to the annual appropriation now made for the payment of the expenses of said station. SEC. 77. The expenses of said station, when presented to the comptroller of the State, accompanied by the proper vouchers, duly certified by the president and secretary of the board of directors, shall, upon warrant of said comptroller, be paid out of the State treasury: Provided, Such expenses do not exceed the sum of $15,000 in any year. SEC. 78. An act of Congress of the United States approved March 2, 1887, to establish agricultural experiment stations, and the appropriations and grants of moneys for the purposes therein made are hereby accepted and assented to on the part of the State of New Jersey. SEC. 79. The assent of the State of New Jersey to the grants of moneys for the purposes, upon the terms and in accordance with the several conditions and pro- visions in said act contained, is hereby signified and expressed, and the secretary of state is hereby directed to transmit a certified copy of this act to the Secretary of the Treasury of the United States. SEC. 80. The sum of $30,000 is hereby appropriated for the construction of a State laboratory for the use of the State agricultural experiment station under the direction of the board of managers of the State agricultural experiment station on land selected by the said board of managers: Provided. Such land shall be acquired without cost or expense to the State of New Jersey, which sum the treasurer of this State is hereby authorized to pay for such purpose to the treasurer of said State agricultural experiment station upon the warrant of the comptroller, as bills therefor shall be presented, marked approved by the president and two members of the said board of managers of said State agricultural experiment station. SEC. 81. The chemist or chemists of the State agricultural experiment station shall analyze all samples of milk, butter, or other farm products or the imitations thereof that may be sent to said station by the State dairy commissioner and his assistants and agents, and shall report to the said commissioner the results of such analyses, and the costs thereof shall be paid out of the appropriation made to said station. SEC. 82. Whereas the officers of the State agricultural experiment station have discovered certain new fungous growths that threaten serious injury to important agricultural interests of the State: Therefore, LAWS KELATING TO LAND-GKANT COLLEGES. 125 When the officers of the State agricultural experiment station shall discover any new fungous growth which is doing injury to plants or vines, and while the same is confined to limited areas, they are hereby authorized and empowered to enter upon any lands bearing vines or plants so affected and destroy the same by fire or otherwise, as they shall deem best. SEC. 83. Any damage to private property resulting from the operation of destroying the said fungous growth by the officers of the State shall be certified to them, and the amount of damage paid to the owners thereof from the same fund and in the same manner as is paid to owners of deceased animals by order of the State board of health. SEC. 84. Expenditures under this act shall not exceed $1,000. Schools: SEC. 27. It shall be the duty of the county superintendent, at such time and place as the State superintendent may appoint, to examine such candidates for State scholarships at the agricultural college as may present themselves, and the candidates shall be subjected to such examination as the faculty of the said col- lege and the State superintendent shall prescribe; and the candidates who shall receive certificates of appointment to the agricultural college in any one county shall be those who obtain on such examination the highest average for scholar- ship, and the number of certificates thus granted shall in no case exceed the num- ber of State scholarships to which such county is entitled. Acts, 1896, chapter 135: SECTION 1. Section 2 of the act to be amended hereby, being chapter 417 of the laws of 1895 [sec. 55, above] , is hereby amended so as to read as follows: " SEC. 2. Upon payment or transfer of any such moneys as afore- said to the sinking fund of the State the State treasurer and comptroller shall issue and deliver therefor to said commissioners a certificate of this State to the effect that the State will pay to said commissioners 5 per cent annually in semi- annual payments of the amount so paid into or transferred to the sinking fund so long as said act of Congress and the laws of this State, passed in pursuance thereof, shall be in all things and by all parties observed and complied with." (Approved March 30, 1896.) Acts, 1897, chapter 53: SECTION 1. Section 6 of the act to which this is an amend- ment is amended so as to read" as follows: "SEC. 6. In lieu of all claims, rights, and titles the branch institution designated by this act has or may hereafter have upon the annual appropriation coming to this State from Congress under the pro- vision of the supplement to the act of Congress of August 30, 1890, a sum not to exceed $5.000 may annually be appropriated for the maintenance of said school out of any money in the State treasury not otherwise appropriated." (Approved March 31, 1897. ) Acts, 1901, chapter 99: The director of the New Jersey agricultural college experiment station at New Brunswick is hereby authorized to establish and main- tain one or more stations for the scientific investigation of oyster propagation, said station or stations to be situate at some point or points in the oyster-growing sections of this State. The amount authorized to be expended under the provi- sions of this act shall not exceed the sum of $200 in any one year: Provided, That no moneys shall be drawn from the treasury for the purposes of this act until the same shall have been specifically appropriated according to law. (Approved March 21, 1901.) Acts, 1902, chapter 17: SECTION 1. The trustees of the State agricultural col- lege of New Jersey be, and they are hereby, required to establish in said State agri- cultural college a department of ceramics, equipped and designed for the educa- tion of clay workers in all branches of the art which exist in this State or which can be profitably introduced and maintained in this State from the mineral resources thereof, including the manufacture of earthenware, stoneware, yellow wares, white wares, china, porcelain and ornamental pottery; also the manufac- ture of sewer pipe, fireproofing, terra cotta, sanitary clay wares, electric conduits and specialties, fire bricks and all refractory materials, glazed and enameled bricks, pressed bricks, vitrified paving materials, as well as the most economic and scientific methods in the production of the coarser forms of bricks used for building purposes; also the manufacture of tiles used for paving, flooring, deco- rative wall paneling, roofing, and draining purposes, and all other clay industries represented in our limits. SEC. 2. Said department shall offer special instruction to clay workers on the origin, composition, properties, and testing of clays, the selection of materials for n This act has the following title : "An act to amend an act entitled 'An act to more fully carry out and put in force the true intent and purposes of the supplement to an act of Congress of August 30, 1890, and the acts of the legislature of New Jersey of March 24, 1881, and the manual- training act of 1888, passed May 25, 1894.' " 126 EDUCATION BEPOET, 1903. different purposes, the mechanical and chemical preparation of clays, the laws of burning clays, the theory and practice of the formation of clay bodies, slips, and glazes, and the laws which control the formation and fusion of silicates. SEC. 8. Said department shall be provided with an efficient laboratory designed for the instruction of clay workers in the list of subjects enumerated in the sec- ond section of this act, and also equipped to investigate into the various troubles and defects which can not be understood or avoided except by the use of such scientific investigation; said laboratory shall be equipped with the necessary appa- ratus for chemical analysis, with furnaces and kilns for pyrometric and experi- mental trials and such apparatus and machinery as may be necessary for the proper preparation of clays for manufacture as is consistent with the character of the department. SEC. 4. Said trustees shall employ to conduct this department of ceramics a competent expert of the necessary education and scientific acquirement, who shall teach the theoretical part of the subject and direct the laboratory for the instruc- tion of students and prosecute such scientific investigations of the various clay industries as may be practicable, and from time to time to publish the results of his investigations in such form that they will be made public and accessible to clay workers of the State, for the advancement of the art and science of the subject. SEC. 5. There shall be appropriated out of the general revenues of the State the sum of $12,000, to be expended in the organization, equipment, and maintenance of said department, as provided for in the first four sections of this act, for the current year, and there shall be appropriated from the same fund the sum of $2,500 annually hereafter, beginning on the next succeeding year, for the salary, supplies, and all other expenses of the maintenance of said department: Provided, Such sum or sums shall first be appropriated in the annual appropriation bill. Acts, 1902, chapter 4: Whereas by the act * * * ["An act to increase the efficiency of the public school system of the State by providing for additional free scholarships at the State agricultural college"] it was enacted that one student from each assembly district in the State, to be selected by competitive examina- tion under the direction of the city and county superintendents of education, should be sent each year to the State agricultural college for education in the courses of study there pursued, and that a stipulated compensation should be paid therefor to the college out of the public school fund of the State; and Whereas a large number of qualified students have, in accordance with said act, been received and educated in the college, but the stipulated compensation (except $1,500) has not been paid; and Whereas the State i-3 under amoral obligation, at least, to compensate the col- lege for the services thus rendered in educating citizens of the State at the instance of the legislature: Therefore, SECTION 1. The governor of the State is hereby authorized to appoint three citi- zens of New Jersey as a commission to examine into and consider the matters above mentioned, and to report, in writing, to the present or next session of the legislature what compensation ought, in justice and equity, to be paid by the State to said college in full satisfaction for the services rendered, and to be rendered, up to the close of the present collegiate year, under said act of March 31, 1890. SEC. 2. The said commission shall also, in a separate report to the present or next session of the legislature, state whether, in their opinion, the system of edu- cation provided for in said act of March 31, 1890, should be continued after the close of the present collegiate year, or should be modified, or should be wholly dis- continued, together with their reasons for such recommendations as they may make in the premises, to the end that the legislature may adopt such course as shall seem best for public interests. Acts, 1903, chapter 119: SECTION 1. To pay the State college for the benefit of agriculture and the mechanic arts the balance due for services rendered to the State in the instruction, from September 1, 1890, to July 1, 1902, of students holding free State scholarships, granted pursuant to ' ' An act to increase the efficiency of the public school system of the State by providing for additional free scholarships at the State agricultural college," passed March 31, 1890, there is hereby appropriated out of the State fund $80,000 (the sum of $1,500 having been heretofore paid) , and the comptroller of the treasury is directed forthwith to draw his warrant therefor in favor of the treasurer of said college, and the State treasurer to pay the same. On surrender of such warrant the comptroller shall take from said college a release of all claims and demands of said college against the State. Acts, 1903, chapter 273: [Appropriates $2,500 for department of ceramics.] LAWS RELATING TO LAND-GRANT COLLEGES. 127 NEW MEXICO. [The following matter is taken from a volume entitled "1887. Compiled Laws of New Mexico, in accordance with an act of the legislature approved March 16, 1897. Prepared for publication by John P Victor, Edward L. Bartlett, Thomas N. Wilkerson, commission." Santa Fe, N. Mex., 1897.] SEC. 3550. The New Mexico College of Agriculture and Mechanic Arts, the University of New Mexico, the New Mexico School of Mines, the New Mexico Normal School at Silver City, the New Mexico Normal School at Las Vegas, the New Mexico Military Institute at Roswell, and the New Mexico Insane Asylum, shall be known as the Territorial institutions. SEC. 3551. There is also hereby created and established an institution of learning to be known as the Agricultural College and Agricultural Station of New Mexico. Said institution is hereby located at or near the town of Las Cruces,in the county of Donna Ana, upon a tract of land of not less than 100 acres, contiguous to the main Las Graces irrigating ditch, south of said town, and now owned by Jacob Schaublin, and which said land shall, within six months from the passage of this act. be donated and conveyed by said Schaublin, free of any cost and expense, to the Territory of New Mexico for such purpose: Provided, That no improvements or buildings, as hereinafter provided for, shall be made or erected upon such land until deed is duly executed, recorded, and filed in the office of the secretary of the Territory, as hereinafter provided. SEC. 3552. The agricultural college and agricultural experiment station created and established by this act shall be an institution of learning open to the children of all the residents of this Territory, and such other persons as the board of regents may determine, under such terms, rules, and regulations as may be pre- scribed by said board of regents; shall be nonsectarian in character and devoted to practical instruction in agriculture, mechanic arts, natural sciences connected therewith, as well as a thorough course of instruction in all branches of learning bearing upon agriculture and other industrial pursuits. SEC. 3553. The course of instruction of the college hereby created shall embrace the English language, literature, mathematics, philosophy, civil engineering, chemistry, and animal and vegetable anatomy and physiology, the veterinary art, entomology, geology, and political, rural, and household economy, horticulture, moral philosophy, history, mechanics, and such other sciences and courses of instruction as shall be prescribed by the regents of this institution of learning. The management of said college and experiment station, the care and preservation of all property of which such institution shall become possessed, the erection and construction of all buildings necessary for the use of said college and station, and the disbursement and expenditure of all moneys provided for by this act, shall be vested in a board of five regents. Said five regents shall possess the same qualifi- cations, shall be appointed in the same way, and the terms of office shall be the same, and the vacancies shall be filled in like manner as is provided for the Territorial university. [The management and control of said university, the care and preservation of all property of which it shall become possessed, the erection and construction of all buildings necessary for its nse, and the disbursement and expenditure of all moneys appropriated by this act, shall be vested ina board of five regents, to < -insist of five qualified voters, who shall be owners of real estate in this Territory. Said five members of the board of regents shall be appointed in the manner now provided by law for the appointment of Territorial officers, not earlier than the 1st day of September nor later than the 1st day of October next after the passage of this act, and vacancies occurring in v aid board shall be filled in the same manner as is now provided by law for the filling of vacancies in other Territorial offices. S K<'. :i">7^. The board of regents provided for in this act shall be appointed, one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years: Pruridcd, That all appointments made to fill vacancies caused by death, resignation, or otherwise, shall be for the unexpired term of the incumbent whose place shall have become vacant. All other appointments made subsequent to the appointment of the first board of regents provided for in this act shall be for the term of five years and until the appointment and qualification of a successor to such appointee.] Said regents and their successors in office shall constitute a body corporate, with the name and style of The Regents of the Agricultural College of New Mexico, with the right as such of suing and being sued, of contracting and being con- tracted with, of making and using a common seal and altering the same at pleas- ure, of causing all things to be done necessary to carry out the provisions of this act. A majority of the board shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. SEC. 3554. The board shall meet and organize, by the election of its said officers, at said town of Las Cruces, or at the said college grounds in the said county of Donna Ana, on the second Wednesday in November, 1889. The officers then elected 128 EDUCATION EEPOET, 1903. and their successors in office shall be the same, be elected in the same manner, at the same time, and possess the same qualifications, and the regents and officers shall perform their duties as provided for the regents and officers of the University of New Mexico in this act. SEC. 3555. The regents shall have the power and it shall be their duty to enact laws for the government of the said agricultural college and experiment station. SEC. 3556. The board of regents shall direct the disposition of any moneys belonging to or appropriated to the agricultural college and experiment station established by this act, and shall make all rules and regulations necessary for the government and management of the same, adopt plans and specifications for neces- sary buildings and superintend the construction of said buildings, and fix the salaries of professors, teachers, and other employees and the tuition fees to be charged in said college. SEC. 3557. The agricultural experiment station provided for in this act in con- nection with said agricultural college shall be likewise located upon the land referred to in section 3551, and it shall be under the direction of the said board of regents of said college for the purpose of conducting experiments in agriculture according to the terms of section 1 of an act of Congress, approved March 2, 1887, to establish agricultural experiment stations. The said college and experiment station shall be entitled to receive all the benefits and donations made and given to similar institutions of learning in other States and Territories of the United States by the legislation of the Congress of the United States now in force or that may hereafter be enacted and particularly to the benefit and donations given by the provisions of an act of Congress of the United States approved July 2, 1862, and March 2, 1887. SEC. 3558. The assent of the legislative assembly of the Territory of New Mexico is hereby given in pursuance of the requirements of section 9 of said act of Con- gress approved March 2, 1887, to the granting of money therein made to the estab- lishment of experiment stations in accordance with section 1 of said last-mentioned act, and assent is hereby given to carry out, within the Territory of New Mexico, all and singular the provisions of said act. SEC. 3559. The board of regents shall have power and it shall be their duty to enact laws for the government of the agricultural college and experiment station, and the meetings of said board may be called in such manner as the regents may prescribe. SEC. 3560. The immediate government of the several departments shall be intrusted to their respective faculties, but the regents shall have the power to regulate the course of instruction and prescribe, under the advice of the faculty, the books and authorities to be used in the several departments, and also to confer such degrees and grant such diplomas as are usually conferred and granted by other agricultural colleges. The regents shall have power to remove any officer connected with the agricultural college or experiment station when, in their judg- ment, the best interests of the college require it. SEC. 3561. There is hereby created and established a subagricultural experiment station in connection with the agricultural college and agricultural station of New Mexico. Said subagricultural experiment station is hereby located at some point in the county of San Juan, hereafter to be selected by the board of regents of the Agri- cultural College of New Mexico: Provided, That tho county of San Juan, or some person or persons for said county, shall within three months from the passage of this act, deed, donate, and transfer to the Territory of New Mexico, for the use of said subagricultural experiment station, not less than 100 acres of good arable land, under an irrigating ditch, such land and the location thereof to be accepted and determined by the board of regents of the agricultural college. The sufficiency of the deed and the title to the land so to be donated to the Territory of New Mexico shall be passed upon and approved by the solicitor-general of New Mexico. SEC. 3562. The board of regents of the agricultural college and agricultural station of New Mexico are hereby authorized and instructed to apply to the con- struction of buildings, etc., of the subagricultural experiment station, provided for by this act, the sum of $5,000, appropriated by the legislative assembly of New Mexico for the agricultural experiment station in the county of San Juan, under and by the provisions of an act entitled "An act and resolution authorizing the governor to receive certain moneys from the United States, accepting the terms of the act of Congress appropriating the same and providing for the dispo- sition thereof." SEC. 3563. The board of regents of the agricultural college and agricultural station of New Mexico are hereby authorized and instructed to apply to the sup- port and maintenance of the subagricultural experiment station herein provided for so much of all the moneys now on hand and hereafter received from the G-ov- LAWS RELATING TO LAND-GRANT COLLEGES. 129 eminent of the United States under and by virtue of acts [act?] of the Congress of the United States, approved March 2, 1887, as can be applied by said board of regents in justice to the agricultural college of New Mexico at Las Cruces and the substations to be established in other portions of the Territory. SEC. 3564. There is [are] hereby created and established in connection with the agricultural college and agricultural station of New Mexico two branch agricultural experiment stations, to be located as follows: One at some point in the northeastern portion of the Territory of New Mexico, between the town of Glorieta, in the Sierra Madre Mountains, and the town of Raton, near the eastern boundary of New Mex- ico, and the other at some point in the Pecos Valley, in the southeastern portion of the Territory, the exact point in each section to be determined hereafter by the board of regents of the agricultural college and agricultural station of New Mexico. SEC. 3565. For the purposes of this act there shall be deeded, donated, and trans- ferred to the Territory of New Mexico, at each of the points finally determined upon by the said board of regents for the exact location of the said experiment stations, for the use of each of said branch agricultural experiment stations, not less than 100 acres of good arable land under an irrigating ditch, such land and the location thereof to be accepted and determined by the said board of regents of the agricultural college; the sufficiency of the deed and the title to the land so to be donated to the Territory of New Mexico to be passed upon and approved by the solicitor-general of the Territory. SEC. 3566. The board of regents of the agricultural college and agricultural station of New Mexico is hereby authorized and empowered to apply to the con- struction of buildings, etc. , upon the lands donated to each of said branch agricul- tural experiment stations provided for by this act, out of the moneys hereinafter levied and collected, the sum of not less than $2,500 to each of said experiment stations. SEC. 3567. The board of regents of the agricultural college and agricultural station of New Mexico is hereby authorized and instructed to apply to the sup- port and maintenance of each of the branch agricultural experiment stations hereby created so much of all the moneys now on hand and hereafter received from the Government of the United States, under and by virtue of an act of Congress of the United States approved March 2, 1887, as can be applied by said board of regents in justice to the Agricultural College of New Mexico, at Las Cruces, and the experiment stations hereby and heretofore established in other portions of the Territory. SEC. 3567a. The assent of the legislative assembly of the Territory of New Mexico is hereby given in pursuance of the requirement of section 2 of an act of Congress approved August 30, 1890, to the granting of moneys for the benefit of the Agri- cultural College of the Territory of New Mexico, and the said legislative assem- bly accepts and consents to all the terms and conditions of said act of Congress, and assent is further given to carry out within the Territory of New Mexico, all and singular, the provisions of said act of Congress. [The following sections come under the heading " Special provisions as to the New Mexico College of Agriculture, University of New Mexico, New Mexico School of Mines, and Insane Asylum."] SEC. 3633. The members of the several boards of the institutions established by this act shall be allowed their actual and necessary traveling expenses in going to and returning from all necessary sessions of their respective boards and also their necessary expenses while in actual attendance upon the same. SEC. 3634. If any secretary, treasurer, or other officer or member of the several boards of any of the institutions provided for in this act shall feloniously embez- zle, secrete, misapply, or convert to his or their own use any money or property belonging to any of said institutions, he shall be deemed guilty of a felony, and on conviction thereof shall be confined to the Territorial penitentiary for a term of not less than three nor more than ten years, in the discretion of the court before whom such conviction shall be had. SEC. 3635. The secretary and treasurer of all such boards shall make disburse- ments of the funds in his hands on the order of the board, which order shall be countersigned by the president of the board, and shall state on what account the disbursement is made. SEC. 3636. Whenever there shall be any money in the hands of the Territorial treasurer to the credit of any of the specific funds set apart of the institutions created by this act, deemed sufficient by such board to commence the erection of any of the necessary buildings or improvements, or pay the running or other ED 1903 9 130 EDUCATION REPORT, 1903. expenses ol such institution, the Territorial auditor, on the request in writing of any such boards, shall and it is hereby made his duty to, draw his warrant in favor of the treasurer against the specific fund belonging to said institution in such sum, not exceeding the amount on hand in such specific fund at such time, as said board may deem necessary: Provided, That any such board shall only draw said money as it may be necessary to disburse the same. SEC. 3637. All of the managing boards of the several institutions provided for in this act shall annually, on or before the 1st day of December, make a full and true report in detail, under oath, of all their acts and doings during the previous year, their receipts and expenditures, the exact status of their institution, and any other information that they may deem proper and useful or which may be called for by the governor, which said reports shall be made to the governor, and he shall transmit the same to the succeeding session of the legislature. SEC. 3639. The governor of the Territory and the Territorial superintendent of public instruction or education , if there ba one, shall ex officio be advisory members of all boards of the several institutions provided for in this act, but shall not have the right to vote or be eligible to office therein. SEC. 3640. The several boards provided for in this act shall have power in their discretion to employ skilled architects and superintendent to prepare plans and supervise the construction of any of the buildings provided for in this act, and to fix his compensation subject to the provisions and restrictions of this act. SEC. 3641. The regular meetings of all boards provided for in this act shall be held quarterly: Provided, That they may hold as many special sessions as they ghall deem necessary. SEC. 3642. The several boards provided for in this act shall have power in their discretion to provide that their several secretaries and treasurers shall receive a salary not to exceed $50 a month: Provided, The secretary and treasurer of the board of regents of the agricultural college shall receive a salary of $100 per month. SEC. 3643. At least one member of the several boards provided for in this act shall be a resident of the town or city at or near which the institution is located. SEC. 3644. The records of the several boards provided for in this act shall be open at all reasonable times for the inspection of any citizen. SEC. 3645. No employee or member of any of the boards created by this act shall be interested pecuniarily, either directly or indirectly, in any contract for building or improving any of said institutions or for the furnishing of supplies to any of such institutions. SEC. 3646. Each and every member of the several boards created by this act shall, before entering upon their respective duties, take and subscribe an oath to faith- fully and honestly discharge their duties in the premises and strictly and impar- tially perform the same to the best of their several abilities. Said oath shall be filed with the secretary of the Territory. SEC. 3647. All of the institutions established by this act shall be entitled to receive all the benefits and donations made and given to similar institutions of learning and charity in other States and Territories of the United States by the legislation of the Congress of the United States, or from private individuals or corporations, and for the benefit of said institutions they shall have power to buy and sell or lease or mortgage realty, and do all things that, in the opinion of the several boards, will be for the best interests of said institutions and are in the line of its object. SEC. 3648. All the institutions provided for in this act sh:ill forever remain* strictly nonsectarian in character, and no creed or system of religion shall be taught in any of them. SEC. 3659. Diplomas issued to graduates of * * * the Territorial Agricul- tural College at Las Cruces shall be, and the same are hereby, considered as first- class teachers' certificates in any of the counties in the Territory of New Mexico. SEC. 3690. An issue of the bonds of the Territory of New Mexico is hereby- authorized and directed to be made in the sum of $35,000, to be known as Terri- torial institution bonds * * * and shall be made payable in thirty years from July 1, 1895. SEC. 3691. The auditor of public accounts is hereby directed to levy a tax suffi- cient to pay the interest on said bonds and to give notice of such assessment to the several officers who are charged with the duty of assessment of taxes in the sev- eral counties of the Territory, who shall assess the same in the same manner that other taxes are required to be assessed for Territorial purposes; and for the final redemption of the principal of said bonds there shall, in the same manner, be annually levied, after the expiration of ten years from the date of the issue of said bonds, an annual tax sufficient to provide for the payment of such bonds by or before the maturity thereof. LAWS RELATING TO LAND-GRANT COLLEGES. 131 SEC. 3692. Said bonds, when so issued, shall be delivered * * * $15,000 to the board of regents of the New Mexico College of Agriculture and Mechanic Arts at Las Cruces, and negotiated by the board of regents of each of said Territorial institutions to the best advantage possible, and the proceeds thereof shall be used by the board of regents of each of said Territorial institutions, from the amount of said bonds so delivered to them, in the erection, completion, and furnishing of suitable buildings and other improvements that may be made under the direction of said board of regents, for the benefit of their respective institutions, and for the providing for the needed and necessary furniture and furnishings of their respective institutions in such manner as to the board of regents may seem best: Provided, however, Said bonds shall not be sold under par, but the necessary expense of their negotiation may be deducted or paid from the amount realized from the sale of said bonds or any of them. SEC. 3693. Hereafter, whenever it shall be deemed necessary by the board of regents of the * * * Agricultural College and Agricultural Station of New Mexico * * * to acquire title to any lands for the use of any such institution, and the owner or owners of such lands are unable or unwilling to accept a fair and reasonable price for such lands, then, and in that event, each of the said several boards may acquire, in the name of the Territory of New Mexico, title to so much of said land or lands as shall be deemed necessary by any such board for the use of any such institution, in the same manner as now provided by law for the con- demnation of land for railroad purposes, and such land so taken shall be deemed to be taken for public use. SEC. 3693a. That it shall be unlawful for any officer of any Territorial institu- tion of this Territory to incur or contract any indebtedness for or on behalf of the Territory in excess of the sum appropriated by the general assembly for the use or support of such institution for the fiscal year. Nor shall any officer of any Territorial institution draw any money from the Territorial treasury unless the same shall be absolutely needed and required by such institution at the time, and then only upon the warrant of the Territorial auditor. Any person offending against the provisions of this act shall be guilty of a misdemeanor, and upon con- viction shall be punished by a fine not exceeding $500 and dismissal, in the dis- cretion of the court. The term "officer," as used in this act, shall be taken to include members of the various boards created by the law to govern or supervise the respective institutions. Acts, 1897, Chapter LXXII: SEC. 5. [For] The New Mexico College of Agricul- ture and Mechanic Arts [and other named Territorial institutions for support and maintenance] an annual tax levy to the amount of two and five one-hundredths of 1 mill on the dollar, in addition to that provided for other purposes, shall be made and collected, and the product of such levy shall be distributed as follows: To the New Mexico College of Agriculture and Mechanic Arts, twenty one-hundreths of 1 mill * * * : Provided, That the funds herein provided for the College of Agriculture and Mechanic Arts shall only be used for building, repairs, the teach- ing of Spanish and other branches not paid for out of United States funds, and other such expenses: Provided, further, That no president or member of the faculty of any Territorial institution shall be removed during the term for which he is elected or appointed except for cause and after trial by the board of regents of his institution, and that no secretary or treasurer of any such institution, except those supported in whole or in part by United States appropriation, shall receive any compensation as such secretary and treasurer, or either. Acts, 1899, Chapter LXXIV: SEC. 7. The Commissioner of Public Lands shall keep separate accounts of all moneys received from lands reserved for * * * an agricultural college. Ibid., 1899, Chapter LXXXI: SECTION 1. For the New Mexico College of Agri- culture and Mechanic arts twenty-one one-hundredths of 1 mill for " each and every year hereafter." Ibid., 1901, Chapter LXXXIX: SECTION 1. After the passage of this act an issue of the bonds of the Territory of New Mexico is hereby authorized and directed to be made in the sum of $25,000, to be known as the New Mexico Agricultural Col- lege bonds. Such bonds shall be issued in the denomination of $1,000 each, bear- ing interest at the rate of 5 per cent per annum, interest payable semiannually on the 10th days of January and July, principal and interest payable at the Western National Bank, in the city of New York, State of New York. And said bonds shall be signed by the governor and treasurer of the Territory and countersigned by the auditor of public accounts, and shall be made payable in thirty years from the date of their issue, but may be redeemed at the pleasure of the Territory at any time after twenty years from their date. SEC. 2. And there is hereby pledged for the payment of said bonds and interest 132 EDUCATION REPORT, 1903. the revenues arising from the leasing and the income derived from the safely invested proceeds of sales of 75,000 acres of the 100.000 acres of land granted to the Territory of New Mexico by the United States for the use and benefit of the New Mexico College of Agriculture and Mechanic Arts, in accordance with the provisions of the act of Congress entitled "An act to make certain grants of land to the Territory of New Mexico and for other purposes," approved June 21, 1898, and the act of the legislative assembly of the Territory of New Mexico entitled "An act establishing a board of public lands, assigning their duties, and for leasing and managing public lands and funds," approved March 16, 1899. And all of such proceeds, or so much thereof as may be necessary, together with any interest accruing therefrom, shall be paid to the treasurer of the Territory of New Mexico and be by him separately kept as a fund for the payment of the interest and principal of the bonds herein provided to be issued: Provided, liow- ever, Should the proceeds as aforesaid be not sufficient in any year to pay the interest which shall become due as provided herein, the auditor of public accounts of the Territory of New Mexico is hereby directed to levy a tax, at the time that other taxes are levied, sufficient to pay the interest on said bonds, and to give notice of such assessment or levy of taxes to the several officers who are charged with the duty of the assessment of taxes in the several counties of the Territory, who shall assess the same in the manner that other tazes are required to be assessed for Territorial purposes: And further provided, In event sufficient funds have not been realized from the proceeds of sales and rentals as aforesaid, prin- cipal and interest, on the 1st day of January, 1929, then such portion of said lands authorized by law to be sold , remaining unsold at that time, as may be necessary, shall be at once put upon the market and sold by the board of public lands under such regulations and laws as may then be in force, and the proceeds realized from such sale shall likewise go to pay any part of said bonds and interest then unpaid when due and to reimburse the Territory for all interest paid by it and remain- ing unpaid in accordance with the provisions of this act. SEC. *3. Said bonds shall be issued and negotiated under the direction of the treasurer of the Territory of New Mexico: Provided, however, Said bonds shall not be sold under their face value. The proceeds of the sale of said bonds shall be safely kept by the treasurer of the Territory of New Mexico, under bond, and may be expended by the board of regents of said institution for the following pur- poses: The erection of a dormitory for boys and young men attending such insti- tution; the erection of a gymnasium and library building, and furniture, fixtures, and equipment for said buildings; for the purchase or development of ample and sufficient water supply for domestic and irrigation purposes of said institution and the farm connected therewith; for repairs to and insurance upon, and fuel, water, and lights for, all college buildings; for salaries of janitors and librarian, and for such necessary printing as can not be paid for out of United States appropria- tions. Ibid., Chapter XC: [Appropriates twenty one-hundredths of 1 mill on the dollar tax to the New Mexico College of Agriculture and Mechanic Arts.] Ibid. , Chapter XCVIII: SECTION 1. The boards of managers of the different Ter- ritorial institutions, under whatsoever name they may be legally designated, are hereby directed and required to keep in suitable books of record a strict account of all moneys received by them from the Territory, and also itemized accounts of the disbursement of the same. They shall require all bills against such institu- tions to be made out in duplicate, and all salaries or other expenditures, except for bills and current expenses, shall be receipted for in duplicate, one of such bills or receipts to be kept by the said board of managers with the other papers and prop- erty of the institution and the other to accompany all requisitions upon the audi- tor of the Territory for warrants, and no warrant shall be drawn by the auditor for any amount in favor of any such institution unless the requisition therefor is accompanied with such itemized receipts for the money expended after the last requisition. SEC. 3. . It is hereby made the duty of the several boards of managers of Terri- torial, charitable, or other institutions which receive any money from the Terri- torial treasury at the end of each fiscal year to make out an itemized and detailed statement of all receipts and disbursements of such institution up to and including the last day of said fiscal year, which shall be sworn to as correct by the secretary, treasurer, or other accounting officer of such institution who draws and receives the Territorial funds, and shall be transmitted to the governor of the Territory within the first thirty days of the new fiscal year; and any failure on the part of any person or officer to perform the diities herein specified shall subject such per- son to removal from his position, and in case he is a bonded officer it shall be con- sidered as a breach of his bond and be a misdemeanor in office, for which he may LAWS RELATING TO LAND-GRANT COLLEGES. 133 be fined in any sum not exceeding $500 nor less than $100, which shall be recovered from him and the sureties on his bond as a penalty. SEC. 4. The governing boards of the several educational institutions of this Ter- ritory shall, at the same time when the annual financial statement required by sec- tion 3 of this act is to be made, also make and transmit to the governor a list of the pupils enrolled in such institution on the last day of the preceding fiscal year, stating the name, age, residence, and grade of each pupil. NEW YORK. [The following matter is taken from the Revised Statutes, Codes, and General Laws of the State of New York, certified by the Secretary of State, under sec. 932 of the Code of Civil Pro- cedure, as amended by Laws or 1895, chap. 504, 3d ed., by Clarence P. Birdseye, New York, 1901.] Cornell University: SECTION 1. The treasurer of the State is hereby designated as the officer designated by the laws of the State in pursuance of an act of the Congress of the United States approved August 30, 1890, and the assent of this State is hereby given to the purpose of said grants and to all the terms and condi- tions thereof, as specified in such act of Congress! SEC. 2. The treasurer of this State shall keep the accounts of all moneys here- after received by him in pursuance of such act of Congress in a separate fund to the credit of the Cornell University, and shall pay all such moneys immediately upon the receipt thereof by him to the treasurer of the Cornell University upon the warrant of the comptroller, issued upon the order of the trustees of the Cornell University, in pursuance of said act of Congress. SEC. 3. The sum of $15,000 heretofore paid to the treasurer of this State in pur- suance of such act of Congress is hereby appropriated, to be paid by the treasurer of the State to the treasurer of the Cornell University out of the fund to which the same may be credited, upon the warrant of the comptroller, issued upon the order of the trustees of the Cornell University in obedience to the requirements of said act of Congress. SEC. 4. The balance of the income of the college land-scrip fund received by the State prior to October 1, 1889, and not heretofore paid over to the Cornell* Uni- versity and reported by the comptroller of this State in his communication to the Senate dated March 31, 1890, to be payable to the Cornell University in accord- ance with the decision of the court of appeals in the action entitled " The People ex rel. Cornell University, appellant, against Ira Davenport, comptroller, respond- ent," decided by the court of appeals January 14, 1890, and amounting to the sum of $89,383.66, is hereby appropriated, to be paid by the treasurer of the State, out of any moneys in the treasury not otherwise appropriated, to the treasurer of the Cornell University upon the warrant of the comptroller, issued upon the order of the trustees of the Cornell University, reciting that the same shall be in full of all claims or demands of the Cornell University against the State for or on account of the income of the college land-scrip fund received by the State prior to October 1, 1889, except for the sum of $3,096.25, the balance of such income in the treasury of the State upon October 1, 1889. SEC. 5. There is hereby established a State veterinary college at Cornell Uni- versity. For the purpose of constructing and equipping suitable buildings for such college upon the grounds of said university at Ithaca, N. Y., the sum of $50,000, or so much thereof as may be necessary, is hereby appropriated, to be paid by the treasurer, upon the warrant of the comptroller, upon vouchers approved by the commissioner of agriculture, to the Cornell University. No part of such money shall be expended until plans and specifications for the construction and equipment of such buildings and of the location thereof shall have been approved by the commissioner of agriculture nor until the comptroller shall have certified that in his judgment the expense of the completion and equipment of such build- ings in accordance with such plans and specifications will not exceed the amount of such appropriation. Such buildings and equipment shall be the property of the State. [By a law of 1895, chap. 598, $100,000 was appropriated on the same conditions.] SEC. 6. The State veterinary college, established by law, shall be known as the New York State Veterinary College. The object of said veterinary college shall be to conduct investigations as to the nature, prevention, and cure of all diseases, of animals, including such as are communicable to man and such as cause epizo- otics among live stock; to investigate the economical questions which will con- tribute to the more profitable breeding, rearing, and utilization of animals; to 134 EDUCATION REPORT, 1903. produce reliable standard preparations of toxins, antitoxins, and other products to be used in the diagnosis, prevention, and cure of diseases and in the conducting of sanitary work by approved modern methods; and to give instruction in the normal structure and function of the animal body, in the pathology, prevention, and treatment of animal diseases, and in all matters pertaining to sanitary science as applied to live stock and correlatively to the human family. All buildings, furniture, apparatus, and other property heretofore or hereafter erected or fur- nished by the State for such veterinary college shall be and remain the property Df the State. The Cornell University shall have the custody and control of said property, and shall, with whatever State moneys may be received for the purpose, administer the said veterinary college, with authority to appoint investigators, teachers, and other officers, to lay out lines of investigation, to prescribe the requirements for admission and the course of study, and with such other power and authority as may be necessary and proper for the due administration of such veterinary college. Said tiniversity shall receive no income, profit, or compensa- tion therefor, but all moneys received from State appropriations for the said veterinary college or derived from other sources in the course of the administra- tion shall be kept by said university in a separate fund from the moneys of the university, and shall be used exclusively for said New York State Veterinary College. Such moneys as may fye appropriated to be paid to the Cornell Univer- sity by the State in any year, to be expended by said university in the administra- tion of said veterinary college, shall be payable to the treasurer of Cornell Univer- sity in three equal payments, to be made on the 1st day of October, the 1st day of January, and the 1st day of April in such year, and within thirty days after the expiration of the period for which such installment is received the said university shall furnish the comptroller of the State of New York satisfactory vouchers for the expenditure of such installment. The said university shall expend such moneys and use such property of the State in administering said veterinary col- lege, and shall report to the governor during the month of January in each year a detailed statement of such expenditures and of the general operations of the said veterinary college. No tuition fee shall be required of a student pursuing the regular veterinary course who, for a year or more immediately preceding his admission to said veterinary college, shall have been a resident of this State. The tuition fees charged to other students and all other fees and charges in said veterinary college shall be fixed by Cornell University, and the moneys so received shall be expended for the current expenses of the said veterinary college. SEC. 7. Upon the acceptance by Cornell University of the provisions of this act, which acceptance in writing duly executed and acknowledged in the manner pro- vided by law for the execution of written instruments by corporations shall be filed in the office of the secretary of state within ten days after the approval of this act, the trustees of Cornell University are authorized and empowered to create and establish a department in said university to be known as and called the New York State College of Forestry, for the purpose of education and instruc- tion in the principles and practices of scientific forestry. SEC. 8. For the purposes of such school and for carrying out the objects of this act the board of trustees of said university are hereby authorized and empowered, by and with the consent and approval and under the direction of the forest pre- serve board of this State, to contract for the purchase of and to purchase and to acquire by purchase title to not more than 30,000 acres of land in the Adirondack forests. The university shall have the title, possession, management, and control of such land, and by its board of trustees through the aforesaid college of forestry shall conduct upon said land such experiments in forestry as it may deem most advantageous to the interests of the State and the advancement of the science of forestry, and may plant,, raise, cut, and sell timber at such times, of such species and quantities, and in such manner as it may deem best, with a view to obtain- ing and imparting knowledge concerning the scientific management and use of forests, their regulation and administration, the production, harvesting, and repro- duction of wood crops, and earning a revenue therefrom, and to that end may con- stitute and appoint a faculty of such school, consisting of one director or professor and two instructors, and may employ such forest manager, rangers, and superin- tendents and incur such other expenses in connection therewith as may be neces- sary for the proper management and conduct of said college and the care of said lands and for the purposes of this act within the amount hereinafter appropriated. SEC. 9. The superintendent of the State land survey or the State engineer and surveyor shall make such surveys and furnish such maps as may be required by said trustees and authorized and directed by the forest preserve board of lands purchased or proposed to be purchased for the purposes of this act. SEC. 10. Every deed or conveyance of lands acquired under the provisions of LAWS RELATING TO LAND-GRANT COLLEGES. 135 this act by said university shall contain in the habendnni clause thereof a condi- tion and covenant that the same and the title to the land conveyed therein and thereby is taken by the grantee therein named, the Cornell University, under and pursuant to the provisions of this act, and shall also contain an express covenant running with the land and binding upon said university that the same is con- veyed for the uses and purposes in this act provided for, and also an express cove- nant on the part of said university to convey said lands to the people of the State, as hereinafter provided for. Every such conveyance shall be executed in dupli- cate, one of which shall be recorded in the office of the clerk of the county where the land is situated and the other in the office of the secretary of state. SEC. 11. Payments for the lands thus purchased shall be made in manner fol- lowing: Upon the execution of any contract or conveyance pursuant to section 8 and section 9 above, the board of trustees of the university shall transmit a certi- fied copy thereof to the forest-preserve board with a written request for a warrant and certificate for the payment of the purchase price to the grantor or proper per- sons entitled thereto. The forest-preserve board shall, after examination, and if such be the fact, make and execute its certificate that said purchase or contract was made by and with its consent and approval and under its direction, and that the same is in all respects in conformity with the provisions of this act, and shall attach such certificate to said request for a warrant and certificate, and transmit the same to the comptroller, who shall thereupon draw his warrant upon the treasurer in favor of the grantor or proper person entitled to the purchase price, and the treasurer shall pay the same from any moneys heretofore or hereafter appropriated for the purpose of chapter 220 of the laws of 1897. SEC. 12. All moneys received by Cornell University from State appropriations for the said [forestry] college shall be kept by said university in a separate fund from the moneys of the university, and shall be used exclusively for said college. Such moneys as may be appropriated to be paid to the Cornell University by the State, in any year, to be expended by said university in the administration of said college shall be payable to the treasurer of Cornell University in three equal pay- ments, to be made on the 1st day of October, the 1st day of January, and the 1st installment. The said university shall expend such moneys and use such property of the State in administering said college, and shall report to the legislature dur- ing the month of January in each year a detailed statement of such expenditures and of the general operations of said college. Neither the board of trustees nor any member thereof shall receive any compensation for services under this act, but each such member is entitled to be repaid from the State treasury his actual and necessary expenses incurred in the performance of any duty imposed iipon him under this act by the trustees or the forest-preserve board, on like certificate of the forest-preserve board to and on the audit and warrant of the comptroller. SEC. 13. All sums received by the university from the sale of timber or other- wise, under this act, shall be deposited on the first day of each month to the credit of Cornell University in such bank or banks as may be designated by the comp- troller for that purpose. Each bank so designated shall file with the comptroller a bond in an amount and on conditions approved by him. The treasurer of Cor- nell University shall, on or before the fifth day of each month, file with the State comptroller a verified statement showing the amount of money so received and deposited, when, from whom, and for what received, and the day on which the deposit was made, and said statement shall have indorsed thereon a certificate of the proper officer of the bank that such deposit has been made. The money so deposited may be drawn by the treasurer on his check or draft countersigned by the comptroller for any amount included in an estimate approved as herein pro- vided. The director of the New York State College of Forestry of Cornell Uni- versity shall, on the first day of each month, file with the comptroller an estimate and detailed statement of all moneys that will, in the judgment of such director, be required in that month for the administration of the trust committed to Cor- nell University under this act in connection with the forest lands. The comp- troller may revise and reduce the estimate and shall fix the amount which may be drawn thereon. At the end of the period for which the trustees of Cornell Uni- versity hold title to said forest lands they shall render a full account of said fund to the comptroller of the State of New York, and all balances, if any then remain, shall be paid over to the State treasurer. SEC. 14. Subject only to the powers, duties, and responsibilities vested in or imposed upon the trustees of Cornell University by this act and except as may be inconsistent with this act and the objects and purposes herein provided for, 136 EDUCATION EEPOET, 1903. the land so purchased shall be deemed to be and shall be regarded as a part of the forest preserve, so far as may be necessary for the protection of fish, game, and forests, as prescribed by the fish, game, and forest law; and the jurisdiction, supervision, powers, duties, and responsibilities of the fish, game, and forest commission, and of fish and game protectors and foresters, authorized by the fish, game, and forest law, except as may be inconsistent with the provisions of this act, shall extend and apply to the land so purchased hereunder for the purposes of this act. SEC. 15. Upon and at the expiration of thirty years from and after the taking effect of this act all lands and each and every part and parcel thereof purchased by said university and paid for by the State under and pursuant to the provisions of this act shall be by the board of trustees of said university, or its successors, granted and conveyed to the people of the State of New York by a good and suffi- cient deed of conveyance, without further price or consideration therefor, and the same shall thereupon be and become a part of the forest preserve. Nothing herein contained, however, shall be held or construed to render it obligatory upon the trustees to accept the provisions hereof. SEC. 16. The sum of $10,000 is hereby appropriated out of any moneys in the treasury not otherwise appropriated for the purposes of this act, exclusive of the purchase of land, to be paid to Cornell University; such sum to be expended by the board of trustees of Cornell University as hereinbefore provided for. State finance law: SEC. 96. The acceptance by this State of the provisions of an act of the Congress of the United States approved July 2, 1862, and which acceptance is contained in chapter 20 of thela ws of 1863, is continued in force, not- withstanding the repeal thereof by this chapter. The money raised under chapter 78 of the laws of 1895 by the sale or conversion into cash of the securities in which were invested the proceeds of the sales of lands and land scrip formerly constitut- ing the college land scrip fund, together with the money paid into the State treasury from the sale of lands or land scrip belonging to such fund, is held by the State as a part of the general fund for the benefit and use of Cornell University. Five per cent of the amount of the proceeds so transferred shall annually be paid to the Cornell University pursuant to a certificate issued by the comptroller to such university by virtue of chapter 78 of the laws of 1895, which certificate is hereby- ratified and confirmed. Certificates shall also be issued by the State to such uni- versity from time to time as the proceeds of the sales of the lands and land scrip are paid into the treasury for the payment annually of 5 per cent upon such pro- ceeds from the date of their receipt upon the same conditions as the original cer- tificate. The comptroller in his annual estimate of the appropriations required for the expenses of the government shall include the amount required to pay the interest on these certificates. Consolidated school law, Title XII: SEC. 245. The several departments of study in Cornell University shall be open to applicants for admission thereto at the low- est rates of expense consistent with its welfare and efficiency and without distinc- tion as to rank, class, previous occupation , or locality. But with a view to equalize its advantages to all parts of the State the institution shall receive students to the number of one each year from each assembly district in this State, to be selected as hereinafter provided, and shall give them instruction in any or in all the pre- scribed branches of study in any department of said institution free of any tuition fee or of any incidental charges to be paid to said university, unless such incidental charges shall have been made to compensate for materials consumed by said stu- dents or for damages needlessly or purposely done by them to the property of said university. The said free instruction shall, moreover, be accorded to said students in consideration of their superior ability and as a reward for superior scholarship in the academies and public schools of this State. Said students shall be selected as the legislature may from time to time direct and until otherwise ordered, as follows: 1. A competitive examination, under the direction of the department of public instruction, shall be held at tbe county court-house in each county of the State npon the first Saturday of June in each year by the city superintendents and the school commissioners of the county. 2. None but pupils of at least 16 years of age and of six months' standing in the common schools or academies of the State during the year immediately preceding the examination shall be eligible. 3. Such examination shall be upon such subjects as may be designated by the president of the university. Question papers prepared by the department of pub- lic instruction shall be used, and the examination papers handed in by the different candidates shall be retained by the examiners and forwarded to the department of public instruction. LAWS RELATING TO LAND-GRANT COLLEGES. 137 4. The examiners shall, within ten days after snch examination, make and file in the department of public instruction a certificate, in which they shall name all the candidates examined and specify the order of their excellence; and such candidates shall, in the order of their excellence, become entitled to the scholarships belonging to their respective counties. 5. In case any candidate who may become entitled to a scholarship shall fail to claim the same or shall fail to pass the entrance examination at such university or shall die, resign, absent himself without leave, be expelled, or for any other reason shall abandon his r5ght to or vacate such scholarship either before or after enter- ing thereupon, then the candidate certified to be next entitled in the same county shall become entitled to the same. In case any scholarship belonging to any county shall not be claimed by any candidate resident in that county, the State superin- tendent may fill the same by appointing thereto some candidate first entitled to a vacancy in some other county after notice has been served on the superintendent or commissioners of schools of said county. In any such case the president of the university shall at once notify the superintendent of public instruction and that officer shall immediately notify the candidate next entitled to the vacant scholar- ship of his right to the same. 6. Any State student who shall make it appear to the satisfaction of the president of the university that he requires leave of absence for the purpose of earning funds with which to defray his living expenses while in attendance may, in the discre- tion of the president, be granted such leave of absence and may be allowed a period not exceeding six years from the commencement thereof for the completion of his course at said university. 7. In certifying the qualifications of the candidates preference shall be given (^vhere other qualifications are equal) to the children of those who have died in the military or naval service of the United States. 8. Notices of the time and place of the examinations shall be given in all the schools having pupils eligible thereto prior to the 1st day of January in each year, and shall be published once a week for three weeks in at least two newspapers in each county immediately prior to the holding of such examinations. The cost of publishing such notices and the necessary expenses of such examinations shall be a charge upon each county, respectively, and shall be audited and paid by the board of supervisors thereof. The State'superintendent of public instruction shall attend to the giving and publishing of the notices hereinbefore provided for. He may, in his discretion, direct that the examination in any county may be held at some other time and place than that above specified, in which case it shall be held as directed by him. He shall keep full records in his department of the reports of the different examiners, showing the age, post-office address, and standing of each candidate, and shall notify candidates of their rights under this act. He ahall determine any controversies which may arise under the provisions of this act. He is hereby charged with the general supervision and direction of all mat- ters in connection with the filling of snch scholarships. Students enjoying the privileges of free scholarships shall, in common with the other students of said university, be subject to all of the examinations, rules, and requirements of the board of trustees or faculty of said university, except as herein provided. Betting and gaming: SEC. 13. It is unlawful to keep or use any tables, cards, dice, or any other article or apparatus whatever commonly used or intended to be used in playing any game of cards or faro, or other game of chance upon which money is usually wagered at any of the following places: ( 1 ) Within a build- lag or the appurtenances or grounds connected with any incorporated academy, high school, college, or other institution of learning. Hazing: SECTION 1. It shall be unlawful for any person or persons to engage in or aid or abet what is commonly called hazing in* and while attending any of the colleges, public schools, or other institutions of learning in this State, and who- ever participates in the same shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than $10 nor more than $100, or imprisonment Eot less than thirty days nor more than one year, or both, at the discretion of the court. Trusts and trustees: SECTION 1. Real and personal property may be granted and conveyed to any incorporated college or other literary incorporated institution in this State, to be held in trust for either of the following purposes: (1) To estab- lish and maintain an observatory; (3) to found and maintain professorships and scholarships; (3) for any other 'specific purposes comprehended in the general objects authorized by their respective charters. The said trusts may be created, subject to such conditions and visitations as may be prescribed by the grantor or donor and agreed to by said trustees, and all property which shall hereafter be granted to any incorporated college or other literary incorporated institution in 138 EDUCATION REPORT, 1903. trust for either of the aforesaid purposes may be held by such college or institu- tion upon such trusts and subject to such conditions and visitations as may be prescribed and agreed to as aforesaid. SEC. 4. The trusts authorized by this act may continue for such time as may be necessary to accomplish the purposes for which they may be created. [Section 6 states the conditions under which income from trust fund may be allowed to accumulate, and section 7 refers to the manner in which any " diminu- tion of principal may be repaid by accumulation of interest."] Laws, 1896, chapter 238: SECTION 1. The board of trustees of said Cornell Uni- versity shall hereafter be made up and constituted as follows: The governor, the lieutenant-governor, the speaker of the house of assembly, the superintendent of public instruction, the president of the State agricultural society, the commis- sioner of agriculture, the librarian of the Cornell library, and the president of the said university shall be trustees thereof ex officio, and the eldest lineal male descendant of Ezra Cornell shall be a trustee thereof during his life. There shall also be 30 elective trustees, 20 of whom shall be elected by the board of trustees and 10 by the alumni of said university; but at no time shall a majority of the board be of any one religious sect or of no religious sect. The 15 members now constituting the elective members of the present board of trustees of said univer- sity shall continue to act as such until the expiration of their respective terms of office. At the first commencement following the passage of this act the present board of trustees shall elect 2 trustees for a full term of five years each, and at the same time, or at any meeting of the board during the next academic year, the board of trustees shall elect 10 additional trustees, 2 of whom shall serve for one year, 2 for two years, 2 for three years, 2 for four years, and 2 for five years, their respective terms being determined by lot, under the direction of the board of trus- tees. And thereafter the board of trustees shall elect each year 4 trustees, and as many more as may be necessary to fill vacancies among members elected by them caused by resignation or death . The al umni of said university shall meet annually , at Ithaca, N. Y., on the day before commencement, and at the meeting held at the first commencement following the passage of this act the said alumni shall elect 1 trustee to serve for a full term of five years, the candidates therefor to be designated as candidates for a " full term " if nominations are made, and shall be so designated upon the ballots; and at the same time they shall elect 5 additional trustees, 1 for one year, 1 for two years, 1 for three years, 1 for four years, and 1 for five years, the respective terms of the said additional 5 trustees to be deter- mined by lot, under the direction of the board of trustees, after their election. And thereafter at the meeting of the alumni at each annual commencement said alumni shall elect 2 trustees, and as many more as may be necessary to fill vacan- cies arising from resignations or deaths among the number previously elected by them. Except as hereinbefore otherwise provided, the term of office of each elec- tive trustee shall be five years from the annual commencement at which he is elected; but if elected by the board of trustees at a meeting thereof during the academic year his term shall then be five years from the commencement imme- diately preceding his election; but every trustee shall holdover until his successor is elected. The election of trustees by the board shall be by ballot, and 15 ballots shall concur before any one is elected, and 12 shall constitute a quorum for the transaction of business. Who shall be alumni of said university shall be pre- scribed by its board of trustees. The election of trustees by the alumni shall be by ballot and shall be conducted in the following manner and under the following provisions: A register of the signature and address of each of the said alumni of the said university shall be kept by the treasurer of the said university at his business office. Any ten or more alumni may file with the treasurer, on or before the 1st day of April in each year, written nominations of the trustee or trustees to be elected by the alumni at the next commencement. Forthwith after such 1st day of April a list of such candidates shall be mailed by said treasurer to each of the alumni at his or her address. Each alumnus may vote by transmitted bal- lot for trustee or trustees to be elected by the alumni at any commencement, in accordance with such regulations as to the method and time of voting as may be prescribed by the alumni and approved by the trustees of the university or its executive committee. The candidates to the extent of the number of places to be filled having the highest number of votes upon the first ballot shall be declared elected, provided that each of said candidates has received the votes of at least one-third of all the alumni voting at said election; but if there shall be a failure to fill all or one or more of the vacancies caused by expiration of term or other- wise, by reason of the fact that one or more candidates having the highest num- ber of votes as above fail to receive the votes of at least one-third of the alumni voting, then and in that event such vacancies shall be filled by the alumni per- LAWS RELATING TO LAND-GRANT COLLEGES. 139 sonally present at said meeting, the election being limited to candidates not elected on the first ballot, if there is a sufficient number thereof having the highest plu- ralities, not exceeding two candidates for each place thus to be filled. (Approved April 15, 1896.) Laws ,1897, chapter 128: SECTION 1 . For the promotion of agricultural knowledge throughout the State the sum of $25,000, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropri- ated, to be paid to the college of agriculture at Cornell University, to be expended in giving instruction throughout the State by means of schools, lectures, and other university-extension methods, or otherwise, and in conducting investigations and experiments; in discovering the diseases of plants and remedies; in ascertaining the best method of fertilization of fields, gardens, and plantations, and best modes of tillage and farm management and improvement of live stock, and in printing leaflets and disseminating agricultural knowledge by means of lectures or other- wise, and in preparing and printing for free distribution the results of such investi- gations and experiments, and for republishing such bulletins as may be useful in the furtherance of the work, and such other information as may be deemed desir- able and profitable in promoting the agricultural interests of the State. Such col- lege of agriculture may, with the consent and approval of the commissioner of agriculture, employ teachers and experts and necessary clerical help to assist in carrying out the purposes of this bill. Such teachers, experts, and clerical help may be removed by the college of agriculture, in its discretion, and may be paid for their services such sum or sums as may be deemed reasonable and proper and as shall be approved by the commissioner of agriculture. All of such work by such teachers and experts who shall be employed under this bill shall be under the general supervision and direction of the commissioner of agriculture. The sum appropriated by this act shall be paid by the treasurer of the State, upon the warrant of the comptroller, to the treasurer of Cornell University upon such treasurer filing with the comptroller a bond in such sum and with such sure- ties as the comptroller may approve, conditioned for the faithful application of such sum to the purposes for which the same is hereby appropriated. Such sum shall be payable by the treasurer of Cornell University upon vouchers approved by the officers or agents of such university having charge of such college of agri- culture, and such vouchers shall be filed by the treasurer of Cornell University in the office of the comptroller of the State. (Approved March 25, 1897.) [Chapters 67 of the laws of 1898 and 430 of the laws of 1899 appropriate $35,000 each for the same purpose. Chapter 419 of the laws of 1900 appropriates $10,000 for the same purpose for the balance of the fiscal year ending October, 1900. Chapters 418 of the laws of 1900 and 644 of the laws of 1901 appropriate $35,000 each for the promotion of agricultural knowledge, as provided in the above act, and require that the sum of $3,000 be used in the promotion of knowledge relat- ing to poultry and egg production.] NORTH CAROLINA. Constitution (1868), Article I: SEC. 27. The people have the right to the priv- ilege of education, and it is the duty of the State to guard and maintain that right. Article IX: SECTION 1. Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of educa- tion shall forever be encouraged. SEC. 14. As soon as practicable after the adoption of this constitution the gen- eral assembly shall establish and maintain in connection with the university a department of agriculture, of mechanics, of mining, and of normal instruction. [The following section is taken from the Code of North Carolina, enacted March 2, 1883, pre- pared by William T. Dortch, John Manning, John S. Henderson, in two volumes. New York, 1883.] SEC. 2196. The department of agriculture shall establish an agricultural experi- ment and fertilizer control station, and shall employ an analyst skilled in agricul- tural chemistry. It shall be the duty of said chemist to analyze such fertilizers and products as may be required by the department of agriculture, and to aid as far as practicable in suppressing fraud in the sale of commercial fertilizers. He shall also, under the direction of said department, carry on experiments on the nutrition and growth of plants, with a view to ascertain what fertilizers are best suited to the various crops of this State, and whether other crops may not be advantageously grown on its soil, and shall carry on such other investigations as 140 EDUCATION REPORT, 1903. the said department may direct. He shall make regular reports to the said depart- ment of all analyses and experiments made, which shall be furnished when deemed needful to such newspapers as will publish the same. His salary shall be paid out of the funds of the department of agriculture. Laws and Resolutions, 1885, chapter 308 [amended by chapter 370, laws of 1899, q. v.]: SECTION 1. The board of agriculture is hereby authorized and directed to seek proposals of donations for the establishment of an industrial school, and when any city or town shall donate in lands, buildings, machinery, or other materials or money an amount adequate, in the judgment of said board, for the establish- ment of said industrial school, it shall be their duty to locate the same at such Elace, and if there be more than one city or town making such proposals it shall e the duty of the board to locate it at the place offering the greatest inducement. SEC. 2. The board of agriculture shall direct the organization and equipment of the said school, and shall manage and control the same in conjunction with a board of three directors appointed by the board of aldermen of the city or town whose proposal is accepted. The local board of directors may sit with the board of agri- culture in advisement upon all matters pertaining to the said school, but shall not have power to vote upon questions involving appropriations from the funds of the department of agriculture. SEC. 3. Instruction shall be provided in this school in woodwork, mining, metal- lurgy, practical agriculture, and in such other branches of industrial education as may be deemed expedient. SEC. 4. The board of agriculture shall apply to the establishment and mainte- nance of said school such part of their funds as is not required to conduct the regular work of the department: Provided, That not more than $5,000 of their funds shall be applied to the establishment of the school in one year. Ibid., 1887, chapter 410 [amended by chapter 348, laws of 1891, and chapter 370, laws of 1899, q. v] : SECTION 1. The industrial school provided for in chapter 308, laws of 1885, shall be denominated "The North Carolina College of Agriculture and Mechanic Arts," and shall be located on the lands offered to be donated, in accordance with the provisions of the said law, near the city of Raleigh. SEC. 2. The leading object of this college shall be, without excluding other sci- entific and classical studies, to teach such branches of learning as are related to agriculture and the mechanic arts, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life. SEC. 3. [Amended by chapter 106, laws of 1889, also by chapter 374, laws of 1895, and chapter 328, laws of 1897, q. v.] The management and control of said col- lege and the care and preservation of all its property shall be vested in a board of trustees, to be composed of the board of agriculture of North Carolina and five other persons, who shall be appointed by the governor, by and with the consent of the senate, who shall have power to appoint its president, instructors, and as many other officers or servants as to them shall appear necessary and proper, and shall fix their salaries and prescribe their duties. They shall also prescribe rules for the management and preservation of good order and morals at the said college as are usually made in such institutions and are not inconsistent with the consti- tution and laws of the State; have charge of the disbursement of its funds, and have general and entire supervision of the establishment and maintenance of the said college. And the president and instructors in the said college, by and with the consent of the said board of trustees, shall have the power of conferring such certificates of proficiency or marks of merit as are usually conferred by such col- leges: Provided, That the board of trustees shall be composed half of each political party. SEC. 4. The certificates of indebtedness of this State for $125,000, issued for the principal of the land scrip to the trustees of the University of North Carolina, and bearing interest at 6 per centum per annum, shall be transferred on the 30th day of June, 1888, or as soon thereafter as it shall appear that the agricultural and mechanical college is ready to receive the interest on the land-scrip fund, and that the principal of the fund will not in any way be compromised by such a transfer to the said board of trustees for the benefit of the said North Carolina College of Agriculture and Mechanic Arts, and the interest thereon shall thereafter be paid to them by the treasurer semiannually, on the 1st day of July and January in each year, for the purpose of aiding in support of the said college, in accordance with the provisions of the act of Congress approved July 2, 1862. SEC. 5. The directors of the North Carolina State Penitentiary shall be required to furnish all brick and stone requisite for the erection of the necessary buildings of the said college, and to furnish convict labor for preparation of the grounds and the foundations, the erection of the said buildings, and for such other pur- poses in connection with the establishment of the said college as they may be able; LAWS RELATING TO LAND-GRANT COLLEGES. 141 such material and labor to be free of charge to said college: Provided, That the work required of the penitentiary shall not interfere with any contracts upon which the penitentiary may be engaged, and that the work by the penitentiary shall be limited to two years from date. SEC. 6. The board of agriculture shall turn over to the board of trustees of said college, as provided in this act, to be applied to the establishment, maintenance, and enlargement of the said college, all funds, land, material, and other property which have accumulated in their hands for the establishment of an industrial school, under chapter 308, laws of 1885, and annually thereafter, the whole residue of their funds from licenses on fertilizers remaining over and not required to con- duct the regular work of that department. The agricultural experiment and fer- tilizer control station already established under the said board of agriculture shall be connected with the said college, and the board of agriculture may turn over to the said trustees, in whole or in part, for the purposes of the said college, any buildings, lands, laboratories, museums, or other property which may be in their possession as, in their judgment, maybe thought proper. The said board of trus- tees are empowered to receive any donations of property, real or personal, which may be made to the said college of agriculture and mechanic arts, and shall have the power to invest or expend the same for the benefit of said college. The said board of agriculture shall have the power to accept on behalf of this State dona- tions of property, real or personal, and any appropriations which may be made by the Congress of the United States to the several States and Territories for the benefit of agricultural experiment stations, and they shall expend the whole amount so received for the benefit of the aforesaid agricultural experiment station and in accordance with the act or acts of Congress in relation thereto. SKC. 7. The use of the 300 acres of land, more or less, known as the Camp Man- gum tract, belonging to the State of North Carolina and situated one-half mile west of the State fair grounds, is hereby given to said board of trustees for the benefit of said college of agriculture and mechanic arts or of the experiment station connected therewith. SEC. 8. The board of trustees shall admit to the benefits of the said college, free of any charges for tuition, upon evidence of good moral character and of their inability or the inability of their parents or guardians to pay their tuition, a cer- tain number of youths, to be determined by them, not to be less than 120, and shall apportion the same to the different counties applying, according to their rela- tive number of members in the house of representatives of North Carolina. The said board are hereby empowered to make the necessary regulations for carrying this into effect and for the admission of other students. SEC. 9. Every student in this college of agriculture and mechanic arts shall W required to take a course of manual training or labor, together with the other courses of study and exercises, as the board shall direct. Ibid., 1889, chapter 106: SECTION 1. Section 3 of chapter 410, laws of 1887, is amended by striking out all after the word "colleges," in line 20 of said section. Ibid., 1891, chapter 348 [amended by chapter 370, laws of 1899, q. v.J: SECTION 1. Section 1 of chapter 410, laws of 1887, is amended by adding the following at the end of the section: "And on such other lands as maybe hereafter acquired by said college. The North Carolina College of Agriculture and Mechanic Arts is hereby incorporated and is authorized to purchase, hold, or sell real estate for the benefit of said college, and the management of said corporation shall be by the board of trustees now provided by law and their successors in office." SEC. 2. Section 6 of chapter 410, laws of 1887, is amended by striking out all after the words " eighty-five," in line 8, to and including the word *' department," in line 11. Also the following shall be substituted in lieu of all after line 23 in said section: " The said board of trustees shall have power to accept on behalf of the State donations of property, real or personal, and any appropriations made by [the] Congress of the United States to the several States and Territories for the benefit of agricultural experiment stations or the agricultural and mechanical colleges in connection therewith, and they shall expend the whole amount so received in accordance with the acts of Congress in relation thereto." SEC. 3. Section 7 of chapter 410, laws of 1887, is substituted by the following: ' The 200 acres of land, more or less, known as a part of the Camp Mangum tract, belonging to the State of North Carolina and situated one-half mile west of the State fair grounds, is hereby given to the said board of trustees for the said Col- lege of Agriculture and Mechanic Arts." SEC. 4. Section 8 of chapter 410, laws of 1887, is amended by inserting after the word ' * Carolina," in line 10, the following: "And it shall be the duty of the super- intendent of instruction in each county, on the days fixed by law for examination of teachers of the public schools, also to examine candidates for county students 142 EDUCATION REPORT, 1903. to the said college, blanks for such purpose to be furnished annually by the presi- dent of said college to the superintendents of instruction in each county. ' ' SEC. 5. The following section is added to chapter 410, laws of 1837: " That for the purpose of furnishing proper facilities for the education provided under this act and to purchase additional land and the erection of suitable buildings the fol- lowing sums shall be appropriated from funds in the public treasury of this State not otherwise appropriated, viz, $10,000 for the year 1891, $10,000 for the year 1892, such sums to be payable annually to the treasurer of the North Carolina Col- lege of Agriculture and Mechanic Arts, one-half on the 1st day of January and July of each year. SEC. 6. Th3 following section is added to chapter 410, laws of 1887: " The appro- priation made by act of Congress of the date of August 30, 1890, for the benefit of colleges of agriculture and mechanic arts shall be divided into the exact ratio in this State of the white population to the colored, this provision to apply to the current and all succeeding appropriations." SEC. 7. The following section is added to chapter 410, laws of 1887: "That it shall not be lawful for any person or persons to sell any intoxicating liquors within three-fourths of a mile of the main college building." SEC. 8. Power is hereby conferred upon the trustees of the said college to effect a sale of the lot known as the " Grissom lot," containing 3 acres, more or less, and to make title to the purchaser or purchasers thereof, the said lot now being under the control of the said trustees and having been purchased from [with] funds donated by the city of Raleigh as a site for an industrial school. (Ratified March 6, 1891.) Ibid., 1891. chapter 549: SECTION 1. A college of agriculture and mechanical arts is hereby established for the colored race, to be located at some eligible site within this State, to be hereafter selected by the board of trustees hereinafter provided for. SEC. 2. The said institution shall be denominated ' 'The Agricultural and Mechan- ical College for the Colored Race. ' ' SEC. 3. The leading object of the institution shall be to teach practical agricul- ture and the mechanic arts and such branches of learning as relate thereto, not excluding academical and classical instruction. SEC. 4. [Amended by chapter 389, laws of 1899, q. v.] The management and con- trol of the said college and the care and preservation of all of its property shall be vested in a board of trustees, who shall be selected by the general assembly at each term thereof, consisting of nine members, one from each of the several Con- gressional districts of the State, three of whom shall be selected for a term of two years, three for four years, and three for six years, and at the expiration of the term of each class their successors shall be elected for a term of six years. Any vacancy which may occur for any cause shall bo filled by the governor for the tmexpired term. The said board shall elect one of their number to be the presi- dent of the board of trustees. SEC. 5. The said board of trustees shall have power to prescribe rules for the management and preservation of good order and morals at the said college as are usually made in such institutions; shall have power to appoint its president, instructors, and as many other officers or servants as to them shall appear neces- sary and proper, and shall fix their salaries, and shall have charge of the disburse- ment of the funds, and have general and entire supervision of the establishment and maintenance of the said college; and the president and instructors in the said college, by and with the consent of the said board of trustees, shall have the power of conferring such certificates of proficiency or marks of merit and diplomas as are usually conferred by such colleges. SEC. 6. The said board of trustees are empowered to receive any donation of property, real or personal, which may be made to the said college of agriculture and mechanic arts, and shall have power to invest or expend the same for the benefit of said college, and shall have power to accept on behalf of this college such proportion of the fund granted by the Congress of the United States to the State of North Carolina for industrial and agricultural training as is apportioned to the colored race, in accordance with the act or acts of Congress in relation thereto. SEC. 7. In addition to the powers hereinbefore granted, the board of trustees shall have power to make such rules and regulations with respect to the admission of pupils to the said college for the various Congressional districts of this State as they may deem equitable and right, having due regard to the colored population thereof. SEC. 8. For the purpose of locating the said college at some convenient and suitable site within the State, the said board of trustees are hereby authorized to LAWS RELATING TO LAND-GRANT COLLEGES. 143 receive propositions from the various localities of this State, and are hereby fully empowered to accept any proposition which to them may seem best for the inter- ests of the State and for carrying out the purposes of this act according to the true intent and meaning thereof. SEC. 9. Before the said board of trustees shall finally accept a proposition from any locality for the establishment of the said college thereat they shall receive a deed in fee simple absolute to them and their successors in office for all lands, buildings, or structures donated as a consideration for the location of said college. SEC. 10. For the purpose of carrying out the provisions of this act the sum of $2,500, is hereby annually appropriated to the said college, and the treasurer of the State is hereby authorized and directed to pay the said amount out of any funds in the treasury not otherwise appropriated upon the warrant of the board of trustees or such other officer or officers as the said board may designate. SKC. 11. Until the site and buildings shall have been furnished for the location of the said college the said board of trustees shall have power to make temporary provisions for the industrial and mechanical education of the colored youth of the State at some established institution of learning within the State, under such rules and regulations as they may prescribe. SEC. 12. Until the site and buildings shall have been furnished for the location of the said college and the buildings shall be completed the provisions which now or may be made by the trustees of the North Carolina College of Agriculture and Mechanic Arts with any present institution of learning in the State shall continue, but said trustees shall not have power to make any such arrangement for more than one year at a time; but when said buildings shall have been completed then the board of trustees of the Agricultural and Mechanical College for the Colored Race shall have all the rights, powers, and privileges of the said board of trustees of the North Carolina College of Agriculture and Mechanic Arts over any and all funds which may belong or appertain to the colored race. SEC. 13. [Amended by chapter 389, laws of 1899, q. v.] The trustees of the said "The Agricultural and Mechanical College for the ColoredRa.ee" shall bo entitled to the same per diem and mileage as compensation for attendance upon the meet- ings of said board as are now allowed by the law to the members of the general assembly. (Ratified March 9, 1891.) Public Laws and Resolutions, 1893, chapter 252: SECTION 1. The sum of 85,000 per year for the years 1893 and 1894 is hereby appropriated from funds in the pub- lic treasury of this State for the purpose of completing, erecting, and furnishing said building for the use of the North Carolina Agricultural and Mechanical College for the Colored Race. Ibid., 1893, chapter 378: SECTION 1. The sum of $10,000 annually for the years 1893 and 1894 is hereby appropriated for the support, maintenance, and extension of the College of Agriculture and Mechanic Arts, to be paid on the 1st day of March and September of each year out of the funds in the treasury. Ibid., 1895, chapter 145: SECTION 1. The sum of $10,000 annually is hereby appropriated for the support and maintenance of the North Carolina College of Agriculture and Mechanic Arts, $5,000 to be paid on the 1st day of April and Sep- tember of each year out of the funds in the State treasury not otherwise appro- priated. SEC. 2. The treasurer of the State of North Carolina is hereby declared, ex officio, the treasurer of the board of trustees of the said college. Ibid., 1895, chapter 203: SECTION 1. The sum of $7,500 annually for the years 1895 and 1896 be appropriated for the erection of additional buildings, and for the further equipment of the college; $3,750 to be paid out of the funds in the State treasury not otherwise appropriated on the 1st day of April and September of each year. SEC. 2. [Makes State treasurer ex officio the college treasurer.] Ibid., 1895, chapter 146: SECTION 1. The sum of $5,000 is hereby annually appro- priated for the support, maintenance, equipment, enlargement, and extension of the North Carolina Agricultural and Mechanical College for the Colored Race, to be paid on the 1st days of April and October of each year, out of funds in the treasury not otherwise appropriated. Ibid., 1895, chapter 374 [amended by chapter 328, laws of 1897, q. v.]: SECTION 1. The department of agriculture shall be under the control and supervision of a board which shall be composed of the president of the North Carolina State Farmers' Alliance and of one member elected by the general assembly from each Congressional district, and five additional members to be hereafter elected by the general assembly for the State at large. The members elected for the Congres- sional districts shall hold their terms for two years. So much of the code as eon- 144 EDUCATION BEPOBT, 1903. stitutes the governor, the master of the State grange, the president of the State Agricultural Society, and the president of the agricultural college the board is hereby repealed , and so much of said section or of any other law as is inconsistent with this act is also repealed. SEC. 2. The management and control of the North Carolina College of Agricul- ture and Mechanic Arts and the care and preservation of all its property shall reside with and be vested in the board of agriculture, and so much of section 3 of chapter 410, laws of 1887, as provides for a board of trustees, consisting in part of five persons appointed by the governor, is hereby repealed, and the board of trus- tees mentioned in said section 3 and the offices of trustees thereby created are hereby abolished; and so much of said act hereinbefore cited as may be incon- sistent with this act is hereby repealed, and all laws and clauses of laws inconsist- ent with this act are hereby repealed. SEC. 3. The board of agriculture shall have all the powers and perform all the duties heretofore exercised or required of the board of trustees of the North Carolina College of Agriculture and Mechanic Arts. Ibid. , 1897, chapter 828 [amended by chapter 370, laws of 1899, q. v.J : SECTION 1. From and after the ratification of this act the North Carolina College of Agricul- ture and Mechanic Arts shall be controlled and managed by a board of trustees entirely separate and distinct from the department of agriculture, together with the care and preservation of all its property. SEC. 2. The board of trustees shall consist of fifteen persons, of whom the presi- dent of the college shall be ex ofiicio one; the other fourteen shall be divided into three classes, to be confirmed by the senate, and their terms shall be four for two years, five for four years, --and five for six years. The governor shall nominate these trustees to the senate, and shall state the term of each in the nomination. The governor shall select one trustee from each Congressional district and the other five from the State at large. SEC. 3. All vacancies occurring under this act shall be filled by the appointment of the governor and confirmed by the senate if that body is in session at the time of the filling of the vacancy; if the senate is not in session when the vacancy is to be filled, the governor shall appoint, and the appointee shall hold until his suc- cessor is confirmed by the senate; and if the senate shall fail to confirm any nomina- tion, the governor, within ten days after the adjournment of the senate, shall fill the vacancy. SEC. 4. All powers heretofore vested in a board of trustees under chapter 410, laws of 1887, and chapter 348, laws of 1891, and the act of this general assembly to which this is supplemental, and all other laws not specially mentioned herein which are not inconsistent nor in conflict with this act, are hereby vested in the board of trustees created by this act. SEC. 5. Immediately upon the ratification of this act the secretary of state shall furnish to the governor a certified copy thereof, and immediately upon confirma- tion by the senate the secretary of state shall notify each trustee of his appoint- ment, and the trustees shall assemble at the college on Tuesday, the 9th day of March next, and shall proceed to organize under this act and enter upon the dis- charge of their duties by electing a president of the board and such other officers as the board may deem for the best interests of the college. The number and time of the meetings of the board shall be fixed by the board, and the trustees shall not receive any pay or per diem, but only their traveling expenses, and that only for four times in each year. SEC. 6. It is not the intention of the general assembly that the trustees herein provided for shall be officers within the meaning of section 7 of Article XIV of the constitution, and they are declared to be special trustees for the special purposes of this act. SEC. 7. This act is supplemental to an act heretofore enacted by this general assembly, entitled " An act concerning the department of agriculture and the col- lege of agriculture and mechanic arts," and must be construed in connection with that act. [No act was passed having this title. It is evident that chapter 374 of the laws of 1895 is referred to, but the title of that is, "An act to reduce the expenses of the department of agriculture and to place the control of the North Carolina College of Agriculture and Mechanic Arts with the board of agriculture. ' ' 1 Ibid., 1897, chapter 486* SECTION 1. The sum of $5,000 is hereby appropriated for the maintenance and equipment of the Agricultural and Mechanical College for the Colored Race for each of the years 1897 and 1898, to be in installments of $2,500 on the 1st days of April and October of each year 1897 and 1898. Ibid., 1897, chapter 535. [Appropriates to the North Carolina College of Agri- culture and Mechanic Arts $5,000 for a new boiler and to erect a hospital.] LAWS RELATING TO LAND-GRANT COLLEGES. 145 Ibid., 1899, chapter 370: SECTION 1. Chapter 308 of the public laws of 1885, chap- ter 410 of the public laws of 1887, chapter 106 of the public laws of 1889, chapter 348 of the public laws of 1891, chapter 85 of the public laws of 1897, and chapter 328 of the public laws of 1897, and all laws repealed and amended thereby, are hereby repealed and amended in so far as they relate to and affect the agricultural and mechanical college so as to read as follows: The North Carolina College of "Agriculture and Mechanic Arts " shall be known and designated by the name of the ''North Carolina College of Agriculture and Mechanic Arts," and shall be a body politic and corporate, with right to hold personal property and real estate for the benefit of said college. SEC. 2. The leading objects of this college shall be to teach the branches of learn- ing relating to agricultural and mechanical arts and such other scientific and classical studies as the board of trustees may elect to have taught, and to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life. SEC. 3. [Repealed by chapter 650, laws of 1901, q. v.] The management and con- trol of the said college and the care and preservation of its property shall be vested in a board of trustees consisting of 21 persons, and in addition thereto the presi- dent of said college shall be an ex officio member of said board. The said board of 21 shall be elected as follows: One from each Congressional district in the State, each of whom shall be a skilled and practical agriculturist, and 12 from the State at large, who shall be persons interested in agricultural, mechanical, and indus- trial education. The trustees elected at this session of the general assembly shall hold office for two years, and there shall be elected at the next session of the gen- eral assembly 7 trustees who shall hold office for two years, 7 trustees who shall hold office for four years, and 7 trustees who shall hold office for six years, and that at the present general assembly there shall be elected such a number of trus- tees as with the present members thereof shall make said board composed of 21 persons. SEC. 4. It shall be the duty of the board of trustees to appoint the president and instructors of the said college and all other such officers and servants as to them may seem necessary. They shall have charge of the disbursement of its funds and shall have full supervision and control, and shall be charged with the maintenance of the college. The State treasurer shall be ex officio treasurer of said board of trustees. The president and instructors, under the direction and supervision of the trustees, shall have power to confer such certificates of proficiency or marks of merit as may be deemed proper. SEC. 5. The board of trustees shall own and hold the certificates of indebted- ness amounting to $12.">,oOi) issued for the principal of the land-scrip fund, and the interest thereon shall be paid to them by the State treasurer semiannually on the 1st day of July and January in each year for the purpose of aiding in the sup- port of said college in accordance with the act of Congress approved July 2, 1862, entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts." SEC. 6. The agricultural experiment and control station shall be connected with the said college and controlled by the board of trustees thereof. The said board of trustees shall have power to accept and receive on the part of the State property, personal, real, or mixed, and any donations from the United States Congress to the several States and Territories for the benefit of agricultural experiment stations or the agricultural and mechanical colleges in connection therewith, and they shall expend the amount so received in accordance with the acts of Congress in relation thereto. SEC. 7. The board of trustees shall admit to the benefits of the said college free of any charge for tuition, upon proper evidence of good moral character and of their inability and the inability of their parents or guardians to pay their tuitions and of their capacity to receive instruction, a certain number of youths, to be de- termined by them, not to be less than 120, and shall apportion the same to the different counties applying according to their relative number of members in the house of representatives of North Carolina, and it shall ba the duty of the super- intendent of instruction in each county on the days fixed by law for the examina- tion of teachers of the public schools* also to examine candidates for county stu- dents to the said college, blanks for such purpose to be furnished annually by the president of the college to the superintendents in each county. SEC. 8. The appropriations made or which may hereafter be made by Congress for the benefit of colleges of agricultural and mechanical arts shall "be divided ED 1903 10 146 EDUCATION RE POET, 1903. between the white and colored institutions in this State in the ratio of the white population to the colored. SEC. 9. Any person who shall sell spirituous or intoxicating liquors within three- fourths of a mile of any of the buildings of said college shall be guilty of a misde- meanor. SEC. 10. The board of trustees shall meet in the city of Raleigh on the second Monday in March, 1899, and elect of their number a president and an executive committee of three, one of whom shall be the president of the board of trustees, and it shall be tho duty of the executive committee to meet at the call of the president and perform such duties as may be assigned to them by the board of trustees. The board of trustees shall thereafter meet annually at such time as they may agree upon. The members of the board shall receive their mileage and hotel fare while attending upon the meetings of the board, but no members of the board of trustees except the executive committee shall be allowed their expenses for more than five meetings in any one year. (Ratified March 3, 1899.) Ibid., 1899, chapter 389: SECTION 1. Section 4, chapter 549, public laws of 1891, is amended as follows: There shall be elected by this general assembly 6 additional trustees [of the Agricultural and Mechanical College for the Colored Race] in addition to those provided for in the said chapter, two of whom shall be elected for a term of two years, two for four years, and two for six years. Ssc. 2. Section 13 of said chapter 549 is amended to read as follows: The num- ber and times of the meeting of the board shall be fixed by the board, and the trustees shall not receive any pay or per diem, but only their traveling expenses and hotel fare, and that only for four times in each year. SEC. 3. The board of trustees shall have power to elect an executive board of three of their own number, who shall have the immediate management of the said institution when the full board is not in session. (Ratified March 4, 1899. ) Ibid., 1899, chapter 591: SECTION 1. The trustees [of the Agricultural and Mechanical College for the Colored Race] provided for in chapter 549 of the pub- lic laws of 1891, together with those elected under chapter 389 of the public laws of 1899, shall meet in the college in Greensboro on Wednesday, March 22, 1899, and elect a chairman and executive committee of said board and discharge such other duties as they may see proper and which pertain to their office. (Ratified March?, 1899.) Ibid., 1899, chapter 704: [SECTION 1.] A. Q. Holliday, W. O. Riddick. and J. R. Rogers are hereby appointed and constituted a commission and are hereby author- ized, directed, and empowered to have constructed a sewer from the college of agriculture and mechanic arts to and connecting with the sewer system of the city of Raleigh. The said commission is hereby given full power to lay off and have constructed the said sewer in such manner as they may deem proper, and it is empowered to contract with adjacent residents and allow them to connect with the sewer upon payment of a proper sum for said privilege. SEC. 2. The expense of building said sewer shall be defrayed by the college of agriculture and mechanic arts if it has money available for that purpose, and if there be no funds so available the State treasurer is hereby empowered to advance the sum of $2,500 out of any money in the treasury not otherwise appropriated, and the money so advanced shall be considered a loan to the said college and a charge on its revenues, and shall be retained by the treasurer out of the amount appropriated for the year 1900. SEC. 3. The treasurer of the State will pay over said money upon the warrant of the auditor, upon proof that the said sewer has been let out to a responsible bidder, to be completed at a cost to the college of not exceeding the sum advanced by the State. (Ratified March 8, 1899. ) Ibid., 1901. chapter 424: SECTION 1. There shall be appointed by the governor, on or before August 15, 1902, and every two years thereafter, a board of exam- iners consisting of three members; one member of this board shall be of the party different from the party in power: Provided, That no member of the said board shall be connected directly or indirectly with any State institution. Before enter- ing upon the discharge of their duties said commissioners shall take and subscribe an oath faithfully to do and perform the duties and true report to make thereon. SEC. 2. It shall be the duty of said board of examiners, between August 15, 1902, and November 15, 1902, and every two years thereafter, to visit all State insti- tutions, including institutions supported in part by the State, and to carefully and thoroughly examine the same, and on or before November 15, 1902, and every two years thereafter, make report to the governor, showing the condition, efficiency, and needs of each of said institutions, together with their recommendations as to the amount the general assembly should appropriate for each of said institutions, LAWS RELATING TO LAND-GRANT COLLEGES. 147 and the object for which said appropriations should be made. And said board of examiners shall thoroughly examine the books, vouchers, etc., of said institutions and report such expenditures, if any, as in their opinion were unnecessary. SEC. 3. Said board of examiners is hereby authorized and empowered to sum- mon any employee of said institutions or other person before it to testify under oath as to any matter pertaining to said institutions, and for said purpose they are hereby authorized to administer oaths. SEC. 4. On or before December 1, 1903, and every two years thereafter, the gov- ernor shall cause said report to be printed and a copy thereof mailed to members- elect of the general assembly. SEC. 5. This board of examiners shall make their said visits for the purposes set forth in this act without having in any manner given notice of the time thereof to the officials of said institutions. SEC. 6. No member of the board of examiners as provided for in this act shall be a member of the general assembly to which said board makes its report. SEC. 7. No committee appointed by the general assembly shall visit said State institutions, except by special order of the general assembly. SEC. 8. The governor is hereby authorized, in addition to the provisions above set forth, to send said board of examiners to visit and inspect any of said institu- tions at any time he may deem it necessary. SEC. 9. Said board of examiners shall receive for their services each $4 per day, together with traveling and other actual expenses while engaged in examining and making reports on said institutions. (Ratified March 7, 1901.) Ibid., 1901, chapter 650: SECTION 1. Section 3 of chapter 370 of the public laws of 1899 is hereby repealed, and the management and control of the North Carolina College of Agriculture and Mechanic Arts shall be vested in the board of agri- culture, and the said board shall have and exercise all the powers and be subject to all the duties granted to and imposed upon the board of trustees of the said college in said act. [The board of agriculture consists of one member from each Congressional district of the State, appointed by the governor and confirmed by the senate for terms of six years. (Laws of 1901, chapter 479.)] SEC. 2. The board of agriculture shall use for the purpose of said college and for the benefit of education in agriculture and mechanic arts, as well as in further- ance of the powers and duties conferred upon said board by existing laws, any funds, buildings, lands, laboratories, and other property which may be in their possession, as in their judgment shall be thought proper. SEC. 3. It shall be the duty of the governor to appoint a board of visitors, to consist of eleven members, besides the commissioner of agriculture and the presi- dent of the college, who shall be ex oflficio members of the board, whose duty it shall be to meet at least once in each year, and not more than twice, in the city of Raleigh, to visit and inspect the College of Agriculture and Mechanic Arts and make such recommendations to the board of agriculture for the conduct of said college as they may deem wise and beneficial. This board of visitors shall elect a chairman, and shall meet at such time, within the limits herein prescribed, as said chairman shall designate. They shall serve without compensation, but their actual expenses of traveling to and from home and their board shall be paid. The terms of service of four of these visitors shall be two years, of four others four years, and of the remaining three six years, and successors of these visitors, respectively, shall be appointed by the governor at the expiration of their term for a term of six years. (Ratified March 13, 1901. ) Ibid. , 1901 , chapter 737: SEC. 6. [Appropriates to North Carolina College of Agri- culture and Mechanic Arts, in addition to its standing appropriation,' '$17, 488.26 to pay indebtedness contracted by a former administration and $3,033.36 additional to pay indebtedness incurred by present administration." Also " $10,000 for each of the years 1901 and 1902 for the erection and equipment of a building for a tex- tile department."] SEC. 7. [Appropriates $5,000 " to the Colored Agricultural and Mechanical Col- lege of Greensboro for each of the years 1901 and 1902 in addition to its standing appropriation. This appropriation shall not be paid if the State board of educa- tion shall transfer to said school an equal amount of the appropriations for the colored normal schools of the State."] Ibid., 1901, chapter 751: SECTION 1. All acts of the general assembly appropri- ating money shall state specifically the purposes for which such money is appropriated. SEC. 2. No president, superintendent, board of managers, directors, nor other executive head of any State institution, supported wholly or in part by the State, 148 EDUCATION EEPOET, 1903. shall purchase any real estate, or construct or enlarge any building, or contract any debt on behalf of the State without positive and specific authority given by the general assembly, except as hereinafter directed. SEC. 3. In cases of extreme emergency or dire necessity the executive head of any such institution shall, upon the recommendation of the governor and his council, have authority, upon the credit of the State, to make such expenditures as may be actually necessary to provide against any such emergency or necessity. SEC. 4. Whenever any money appropriated by the general assembly is expended contrary to the provisions of this act, the superintendent, members of the board of directors or managers or executive head directing, or consenting to, such expenditure shall be liable to the State thereof [therefor] , and it shall be the duty of the attorney-general to forthwith institute an action in the superior court of Wake County, in the name of the State, against such superintendent, executive head, members of the board of managers or directors, to recover the money so expended for the use of the State. (Ratified March 15, 1901.) NORTH DAKOTA. Constitution (1889), article 8: SEC. 147. A high degree of intelligence, patriot- ism, integrity, and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the State of North Dakota and free from sectarian control. This legislative requirement shall be irrevocable without the consent of the United States and the people of North Dakota. SEC. 148. The legislative assembly shall provide, at its first session after the adoption of this constitution, for a uniform system of free public schools through- out the State, beginning with the primary and extending through all grades up to and including the normal and collegiate course. SEC. 149. In all schools instruction shall be given, as far as practicable, in those branches of knowledge that tend to impress upon the mind the vital importance of truthfulness, temperance, purity, public spirit, and respect for honest labor of every kind. SEC. 151. The legislative assembly shall take such other steps as may be neces- sary to prevent illiteracy, sectire a reasonable degree of uniformity in course of study, and to promote industrial, scientific, and agricultural improvements. SEC. 152. All colleges, universities, and other educational institutions for the support of which lands have been granted to this State, or which are supported by a public tax, shall remain under the absolute and exclusive control of the State. No money raised for the support of the public schools of the State shall be appropriated to or used for the support of any sectarian school. Article 9: SEC. 159. All land, money, or other property donated, granted, or received from the United States or any other source for * * * agricultural college, * * * and the proceeds of all such lands and other property so received from any source, shall be and remain perpetual funds, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and applied to the specific objects of the original grants or gifts. The principal of every such fund may be increased, but shall never be diminished, and the interest and income only shall be used. Every such fund shall be deemed a trust fund held by the State, and the State shall make good all losses thereof. SEC. 162. The moneys of the permanent school fund and other educational funds shall be invested only in bonds of school corporations within the State, bonds of the United States, bonds of the State of North Dakota, or in first mort- gages on farm lands in the State, not exceeding in amount one-third of the actual value of any subdivision on which the same may be loaned, such value to be determined by the board of appraisers of school lands. Laws, 1890, chapter 160: SECTION 1. There is hereby established and located at Fargo, Cass County, N. Dak., an agricultural college, which shall be known by the name of the North Dakota Agricultural College. SEC. 2. The government and management of the North Dakota Agricultural College is hereby invested in a board of directors to be known as the Agricultural College Board of Directors. SEC. 3 [as amended by Laws, 1891, chap. 5, sec. 1]. The board of directors shall consist of seven members. The first board shall be appointed as hereinafter pro- vided , and their term of office shall expire when their successors have been appointed and qualified, during the session of the legislative assembly in 1891. During the LAWS KELATING TO LAND-GKANT COLLEGES. 149 session of the legislative assembly in the year 1891, and before the third Monday in February of said year, the governor shall nominate and, by and with the consent and advice of the senate, appoint a full board of directors, three of whom shall be appointed for the term of two years and four of whom shall be appointed for the term of four years. Thereafter and at each biennial session of the legislative assem- bly, and on or before the third Monday in February during each session, there shall be nominated by the governor and, by and with the advice and consent of the sen- ate, appointed for the term of four years directors to fill vacancies occurring by the expiration of the term of office of those previously appointed. The governor shall have power to fill all vacancies in said board which occur when the legisla- tive assembly is not in session, and the members of said board shall hold their office until their successors are appointed and qualified as provided by this act: Provided further, That in all cases where the governor has made an appoint- ment to fill a vacancy when the legislative assembly is not in session, the term of office of the director or directors so appointed shall expire at the next session of the legislative assembly. SEC. 4. The governor shall cause to be issued to each of said directors a commis- sion, which shall be under the seal of the State. At the first meeting of said board the members thereof shall take and subscribe the oath of office required of all civil officers of the State, and shall then proceed to elect a president, secretary, and treasurer, but the treasurer shall not be a member of the board of directors. A majority of said board shall be a quorum for the transaction of business. The board shall require a bond of its treasurer and fix the amount thereof. SEC. 5 [as amended by Laws, 1901, chap. 5, sec. 2]. The board of directors shall hold its meetings at the city of Fargo and fix the time of holding the same, pro- viding there [these] shall not exceed six regular meetings in each year. The members of the board shall receive as compensation for their services $3 per day for each day employed and 5 cents per mile for each mile actually and necessarily traveled in attending meetings of said board, which sum shall be paid out of the State treasury upon vouchers of said board duly certified by the president and secretary thereof: 7Vor/fW, however, That the president of said board shall have power to call special meetings whenever in his judgment it becomes necessary. SEC. 6. The said board of directors shall direct the disposition of all moneys appropriated by the If gislative assembly of the State of North Dakota, or by the Congress of the United States, or that may be derived from the sale of the lands donated by Congress t > said State for said college, or that may be donated to or come from any source to said State for the agricultural college or experiment sta- tion for North Dakota, subject to all restrictions imposed upon such respective funds, either by the constitution or laws of the State of North Dakota or the terms of such grants from Congress, and shall have supervision and charge of the con- struction of all buildings provided for or authorized by law for said college and station. The board of directors shall have power to employ a president and nec- essary teachers, instructors, and assistants to conduct said school and carry on the experiment station connected therewith, and to appoint one of its members super- intendent of construction of all buildings, who shall receive $3 per day for each day actually and necessarily engaged in the discharge of his duties, not to exceed fifty days in any one year, which sum shall be paid out of the State treasury upon the vouchers of the said board. Si.c. 7. The said board shall audit all accounts against the funds appropriated by the legislative assembly of the State of North Dakota or held by the State for the use of the agricultural college and experiment station, and the State auditor shall issue his warrant upon the State treasurer for the amount of all accounts which shall have been so audited and allowed by the board of directors and attested by the president and secretary of the same. SEC. 8. The design of the institution is to afford practical instruction in agricul- ture and the natural sciences connected therewith, and also the sciences which bear directly upon all industrial arts and pursuits. The course of instruction shall embrace the English language and literature, mathematics, military tactics, civil engineering, agricultural chemistry, animal and vegetable anatomy and physiology, the veterinary art, entomology, geology, and such other natural sci- ences as may be prescribed, political and rural and household economy, horticul- ture, moral philosophy, history, bookkeeping, and especially the application of science and the mechanic arts to practical agriculture in the field. A full course of study in the institution shall embrace not less than four years, and the college year shall consist of not less than nine calendar months, which may be divided into terms by the board of directors as in their judgment will best secure the objects for which the college was founded. SEC. 9. The board of directors shall fix the salaries of the president, teachers, 150 EDUCATION KEPOKT, 1903. instructors, and other employees, and prescribe their respective duties. They shall also fix the rate of wages to be allowed to students for labor on the farm and experiment station or in the shops or kitchen of the college. The board may remove the president or subordinate officers and supply all vacancies. SEC. 10. The faculty shall consist of the president, teachers, and instructors, and shall pass all needful rules and regulations for the government and discipline of the college, regulating the routine of labor, study, meals, and the duties and exer- cises, and all such rules and regulations as are necessary to the preservation of morals, decorum, and health. SEC. 11. The president shall be the chief executive officer of the agricultural college, and it shall be his duty to see that all rules and regulations are executed, and the subordinate officers and employees not members of the faculty shall be under his direction and supervision. SEC. 12. The faculty shall make an annual report to the board of directors on or before the first Monday in November of each year, showing the condition of the school, experiment station, and farm, and the results of farm experiments, and containing such recommendations as the welfare of the institution in their opinion demands. SEC. 13. The board of directors shall, annually, on or before the 1st day of Feb- ruary in each year make to the governor a full and detailed report of the opera- tions of the experimental station hereby established, including a statement of the receipts and expenditures, a copy of which report shall be sent by the governor to the Commissioner of Agriculture and the Secretary of the Treasury of the United States, and said board of directors shall also make a report to the governor on or before the first Monday in December next preceding each biennial session of the legislative assembly, containing a financial statement showing the condition of all funds appropriated for the use of the agricultural college and experiment sta- tion; also the moneys expended and the purposes for which the same were expended in detail; also the condition of the institution and the results of all the experiments carried on there. SEC. 14. The board of directors and the faculty shall have power to confer degrees upon all persons who shall have completed the course of study prescribed for said school by the board and faculty, and who shall have passed a satisfactory examination upon the studies contained in said course, and who shall be known to possess a good moral character. SEC. 15. The board of directors, as appointed by the governor and confirmed by the senate, shall constitute and be known as the directors provided for in this act. SEC. 16. There is hereby established an agricultural experiment station in con- nection with the North Dakota Agricultural College, and under the direction of the board of directors of said college, for the purpose of conducting experiments in agriculture, according to the terms of section 1 of an act of Congress approved March 2, 1887. * * * SEC. 17. The assent of the legislative assembly of North Dakota is hereby given, in pursuance of the requirements of section 9 of said act of Congress approved March 2, 1887, to the grant of money therein made, and to the establishing of an experiment station in accordance with section 1 of said last-mentioned act, and assent is hereby given to carry out all and singular the provisions of said act. SEC. 18. The grant of lands accruing to the State of North Dakota under and by virtue of an act of Congress donating public lands for the use and support of agricultural colleges in certain proposed States, approved February 22, 1889, is hereby accepted, with all the conditions and provisions in said act contained, and said lands are hereby set apart for the use and support of the college herein pro- vided for. SEC. 19. There shall be no expense incurred or per diem and mileage paid to any officer of the board contemplated under the provisions of this act until an appro- priation shall have been made for the erection of any building or buildings for the agricultural college or experiment station. (Approved March 8, 1890.) Laws, 1891, chapter 6: SECTION 1. Consent having been given by the Congress of the United States by act approved September 4, 1890, to the appropriation by the State of section 36 in township 140 of range 49 west, situated in the county of Cass, being a portion of the lands granted to said State for the purpose of com- mon schools, for the use of the State agricultural college as a site for that insti- tution, said section 36 is hereby designated and appropriated for the use of such agricultural college for a site and for the purpose of an experiment station; and all moneys hereafter appropriated for the erection of buildings and improvements for such college shall be expended in the erection of such buildings and improve- ments on such section. LAWS RELATING TO LAND-GRANT COLLEGES. 151 SEC. 2. The appropriation hereby made is subject to all leases of said land by the State now in force. (Approved January 16, 1891.) Laws, 1891, chapter 7: SECTION 1. The grants of moneys authorized by the act of Congress approved August 30, 1890, being made subject to the legislative assent of the several States and Territories to the purpose of said grants, the assent of the State of North Dakota is hereby given to the purpose of said grants, and the conditions of the above specified act of Congress are hereby accepted by the State of North Dakota. SEC. 2. In accordance with the provisions of said act of Congress approved August 30, 1890, the North Dakota Agricultural College is hereby designated as the beneficiary under the provisions of said act. SEC. 3. The treasurer of the North Dakota Agricultural College, elected in accordance with the provisions of section 4 of the act of the legislative asseinbly cf the State of North Dakota approved March 8, 1890, is hereby designated as the officer to receive the sums of money appropriated to the State of North Dakota for the further endowment and support of colleges as provided by the said act of Congress approved August 30, 1890. SEC. 4. The State treasurer shall immediately pay over to the treasurer of the North Dakota Agricultural College all sums of money received from the United States Secretary of the Treasury, pursuant to the provisions of the said act of Congress approved August 30, 1890. SEC. 5. Said treasurer of the North Dakota Agricultural College shall give a bond in the sum of $50,000, with not less than four approved sureties, said bond to receive the sanction and approval of the board of directors of said North Dakota Agricultural College and of the governor of the State of North Dakota. (Approved February 21, 1891.) Laws, 1891, chapter 13: [Appropriates $25,000 for the erection of buildings for the agricultural college.] Laws, 1893, chapter 1: [Appropriates for agricultural college as follows: Dor- mitory, $17,000; furnishing dormitory. $3. 000; farmhouse and barn, $13,000; shop for mechanical department, $9,000; completion of main building, $3,000; inci- dentals, $10,000.] Laws, 1893, chapter 126: SECTION 1. Tho governing or managing boards of all educational institutions in the State of North Dakota shall be designated as trus- tees of the respective institutions for which they are appointed. SKC. 2. The president, principal, or chief executive officer of each of these insti- tutions shall be ex-officio a member of the board of trustees of the institution with which he is connected, but shall have no vote as a member of such board. (Approved March 6, 1893.) Laws. 1S95, chapter 2: [Appropriates for the erection of additional buildings for the North Dakota Agricultural College and Experiment Station, and for other purposes connected therewith, $11,250.] Laws, 1897, chapter 10: [Appropriates for agricultural college as follows: Fuel, $4,000; library, furniture, and fixtures. $200; printing and stationery, $600; instruc- tion in preparatory department, $2,000; engineer, watchman, and janitors, $3,000; librarian, $200; miscellaneous expenses, $12.000.] Laws, 1897. chapter 11: [Appropriates for agricultural college: Payment of debts, $5,000; wing for chemical laboratory, $5,000.] Laws. 1899, chapter 7: [Appropriates for agricultural college: Library, furni- ture and fixtures. $300: librarian, $000; printing and stationery, $800; engineer, watchman, and janit- rs. $3,500; preparatory instructor, $2,000; fuel, $4,500; enlarging mechanical building, .$'2,000; miscellaneous expenses, $14,000.] Laws, 1901, chapter 18: [Appropriates $18,000 for current expenses of agricul- tural college.] Laws, 1901, chapter 127: SECTION 1. To provide for the erection and equipment of necessary additional buildings, for a system of sewerage, and for other neces- sary improvements for the North Dakota Agricultural College at Fargo, the board of trustees of said agricultural college may issue bonds for such sum or sums of money as can actually be used in the construction and equipment of such neces- sary additional buildings, system of sewerage, and other necessary improvements, not exceeding the sum of $50,000; said bonds shall be in denominations of $1,000 each, shall bear interest at a rate not exceeding 5 per cent per annum, and shall be payable in twenty years from the date of issue from the interest and income fund accumulating from the sale, rental, or lease of lands granted to the said North Dakota Agricultural College. The interest on such bonds shall be payable annually on the first day of January each year, and shall be payable from the interest and income accumulating from the sale, rental, or lease of said lands: 152 EDUCATION KEPOKT, 1903. Provided, That if at any time there shall not be sufficient money to pay such interest, there is hereby appropriated out of the State treasury, out of the funds not otherwise appropriated, a sum sufficient to meet such interest: Provided fur- ther, That a sufficient amount of funds accumulating in the interest and income fund from sale or rental of land or lands granted to the North Dakota Agricul- tural College shall be used and applied solely for the payment of interest on such "bonds and for the creation of a sinking fund with which to pay such bonds on maturity. SEC. 2. Such bonds shall be executed under the seal of the board of trustees of the North Dakota Agricultural College, shall be attested by the president and sec- retary of said board of trustees, and when executed the said board of trustees shall receive sealed proposals for the purchase of the same, and shall give public notice of such sale for at least thirty days preceding such sale in two or more newspapers in general circulation, giving date of such sale, and such bonds shall be sold to the highest bidder for cash and the proceeds thereof delivered to the treasurer of the North Dakota Agricultural College, to be used exclusively in pursuance of the pro- visions of this act. SEC. 3. All moneys that may arise or be derived from the sale, rental, or lease of said lands granted to the North Dakota Agricultural College shall be deposited with the State treasurer, to be used in pursuance with the provisions of this act for the benefit of the North Dakota Agricultural College. (Approved March 11, 1901.) Laws, 1901, chapter 138: SECTION 1. All moneys received as interest for rents, penalties, permits, or from any other source than from the principal of sales of agricultural college lands * * * shall be paid over to the respective institution treasurers of the agricultural college, * * * upon the warrant of the State auditor, on the 1st day of January, April, July, and October in each year. ^ SEC. 3. The funds herein referred to shall be subject to the order of the respec- tive boards of trustees of each institution herein mentioned, and shall be used for the maintenance of such institutions. (Approved March 13, 1901.) Laws, 1901, chapter 156: SECTION 1. For the purpose of providing for the main- tenance of the State university and school of mines at Grand Forks, the agricul- tural college at Fargo, the State normal school at Valley City, the Stats normal school at Mayville, and the deaf and dumb asylum at Devils Lake, and the school of forestry, as a part of the public school system of this State, there is hereby levied upon all taxable property in the State, real and personal, an annual tax of 1 mill on each dollar of the assessed valuation of such property in each and every year hereafter. SEC. 2. The county auditor of each county shall, at the time of making the annual tax list in his county, calculate the amount of the levy hereinbefore pro- vided for upon each and everyitemof property assessed in his county, as it appears upon the last assessment roll, and extend the same upon such tax list in a column to be provided for that purpose, and such tax shall thereupon be collected and paid over to the State treasurer the same as other Stite taxes. SEC. 3. Such taxes so levied shall be apportioned by the State treasurer to the several institutions herein mentioned as follows: Forty one-hundredths of a mill to the State university and school of mines at Grand Forks; twenty one-hundredths of a mill to the agricultural college at Fargo; twelve one-hundredths of a mill to the State normal school at Valley City; twelve one-hundredths of a mill to the State normal school at Mayville; thirteen one-hundredths of a mill to the deaf and dumb asylum at Devils Lake; three one-hundredths of a mill to the school of for- estry at Bottineau. SEC. 4. The moneys arising from the taxes hereinbefore levied are hereby appro- priated for the maintenance of the [institutions mentioned in sec. 3] , the same to be paid monthly to the board of trustees of the several institutions herein men- tioned, and in proportion as herein provided, upon vouchers of said board, signed by their respective presidents, and to be expended by the several boards, in their discretion, in the establishment and maintenance of said institutions hereinbefore mentioned. (Approved March 6, 1901.) Laws, 1901, chapter 98: SECTION 1. The State University and School of Mines at Grand Forks, the agricultural college at Fargo, the State normal schools at Valley City and Mayville, the deaf and dumb asylum at Devils Lake, the indus- trial school and school of manual training at Ellendale, a scientific school at Wah- peton, the school of forestry of Bottineau, and all other schools heretofore estab- lished by law and maintained by taxation constitute the system of free public schools of the State. (Approved* March 12, 1901.) Laws, 1901, chapter 136: SECTION 1. The board of university and school lands LAWS KELATING TO LAND-GEANT COLLEGES. 153 shall, during the year 1001, appraise, advertise, and sell public lands, or as much thereof as can be sold at or above the minimum price of $10 per acre, as follows: * * * 20,000 acres of the agricultural college lands. * * * SEC. 3. The proceeds of the sale of the agricultural college lands * * * shall remain a perpetual fund, the revenue of which shall be applied toward the maintenance or the liquidation of the indebtedness of the respective institutions. Each institution shall be credited for the proceeds of the sale of its lands and shall receive the revenues accruing thereon. (Approved March 11, 1901.) Laws, 1901, chapter 172: SECTION 1. There is hereby established a State farm- ers' institute board of directors, composed of the president of the board of trus- tees of the North Dakota Agricultural College, the commissioner of agriculture and labor, the director of the experiment station, the professor of agriculture and the professor of dairying of the North Dakota Agricultural College. SEC. 2. The State farmers' institute board of directors shall have power to organize by electing one of its members to act as president and one to act as sec- retary, and shall have power, and it is hereby made its duty, to employ a director of farmers' institutes and such other institute lecturers as may be deemed neces- sary; to authorize the holding of not less than 15 farmers' institutes each year, the same to be of such a nature as to instruct the farmers of the State in main- taining the fertility of the soil, the improvement of cereal crops grown in the State, principles of breeding as applied to domestic animals, the making and handling of dairy products, the destruction of noxious weeds and injurious inserts, forestry and growing of fruits, feeding and management of live stock, and, in general, such instruction as will tend to promote the prosperity, home life, and comfort of the farming population. To determine the location of all institutes; but in determining such location those places where county or township agricultural societies are maintained shall have the preference. Sic. 3. No member of this board shall receive any compensation for his serv- ices, but shall be allowed his actual and necessary traveling expenses when engaged upon business connected with the proper discharge of his duties under this act. SEC. 4. There is hereby appropriated, out of any money in the State treasury not otherwise appropriated, the sum of $3,000 biennially for carrying out the pur- poses of this act. All charges, accounts, and expenses authorized by this act shall be paid by the treasurer of the State upon the approval of the State board of audit \vlicn certified by the president and secretary of the board of directors. (Approved March 12, 1901.) OHIO. Constitution (1851), Article VI: SECTION 1. The principal of all funds arising from the sale or other disposition of lands or other property granted or intrusted to this State for educational and religious purposes shall forever be preserved inviolate and imdiminished, and the income arising therefrom shall be faithfully applied to the specific objects of the original grants or appropriations. [The following matter is taken from The Annotated Revised Statutes of the State of Ohio, including all Lawa of a General Nature in Force January 1, 1902, by Clement Bates, third edition 3 vols. Cincinnati, Ohio, 1900.] SEC. 3107-85. The assent of said State is hereby signified to the aforesaid act of Congress [of July 2, 1802] , and to all the conditions and provisions therein con- tained, and the faith of the State of Ohio is hereby pledged to the performance of all such conditions and provisions. (February 9, 1864.) SEC. 3107-86. The auditor, treasurer, and secretary of state are hereby author- ized and directed to advertise, as often as they may deem the same advisable, and in such form as to them may seem proper and necessary to the prompt disposition of the land scrip received from the United States for the establishment of an agricultural and mechanical college or colleges in the State of Ohio, for proposals for the purchase of the same in quantities not less than 160 acres, such proposals for purchase to be made either to said auditor, treasurer, and secretary of state, or to the auditor and treasurer of any county of the State, subject to the limita- tions and restrictions from time to time fixed by said auditor, treasurer, and sec- retary of state not inconsistent with this act. (April 13, 1865, as amended April 5,1866.) SEC. 3107-87. Said auditor, treasurer, and secretary of state are hereby author- ized to sell or cause to be sold said land scrip at the best price they can obtain for 154 EDUCATION" REPORT, 1903. the same, and to employ a suitable person or persons to aid them in making such sales, and to pay to such persons such commissions on sales made by them as they may deem adequate to secure prompt and vigorous efforts to effect sales. And they are further authorized to accept propositions for the purchase of said scrip in quantities not less than 50,000 acres of land, on terms of payment of not less than one-fourth in hand and the remainder in payments not more extended than one-fourth in two years, one-fourth in four years, and the remaining one-fourth in six years; or in quantities of not less than 10,000 acres of land on the following terms of payment: Not less than one-fourth in hand and the remainder in pay- ments not more extended than one-fourth in one year, one-fourth in two years, and the remaining one-fourth in three years, with interest on the deferred pay- ments from the date of purchase; and the deferred payments to be secured by mortgage upon real estate situate within the State of Ohio, or deposit of the bonds of this State or of the Government of the United States: Provided, also, That all contracts to pay commissions on sales or for the sale of scrip on time shall be approved by the governor, in writing, before the same shall be valid and binding on the State. (April 13, 1865, as amended April 5, 1866.) SEC. 3107-88. Upon the acceptance of proposals and payment thereon the party entitled thereto shall receive from said officers the amount of scrip so purchased, with a certificate that he has duly purchased and paid for the same; and on pres- entation of the same to the governor he shall execute the necessary transfer of the scrip, in accordance with the regulations provided by the General Land Office therefor. (April 13, 1865.) SEC. 3107-89. The auditor and treasurer of each county in the State shall jointly receive for such service as they may perform under this act, in accordance \vith their instructions from the auditor, treasurer, and secretary of state, a sum equal to 5 per cent on all moneys received and paid over by them upon the first 320 acres of scrip sold, 3 per cent on all moneys so received and paid over on the next 320 acres sold, and 1 per cent on all receipts for sales after 640 acres have been sold; and it is hereby made the duty of the auditor and treasurer of each county in the State to perform such services as may be required of them by the auditor, treas- urer, and secretary of state under this act; and the aforesaid county officers shall be paid by the auditor of state out of the money hereinafter appropriated for such purpose. (April 13, 1865.) SEC. 3107-90. Said auditor, treasurer, and secretary of state shall annually, on the first Monday of December, make the governor a full and explicit report of all their proceedings and of the proceedings of county auditors and treasurers under this act, which report the governor shall communicate to the general assembly at the next ensuing session thereof. (April 13, 1865, as amended April 5, 1866.) SEC. 3107-91. All money received from the sale of land scrip shall be paid into the State treasury, and shall be appropriated and used by the commissioners of the sinking fund for the reduction and payment of the other public debt of the State. (April 13, 1865.) SEC. 3107-92. Upon the amount of money so received for the sale of scrip appro- priated for and to be used in the reduction of the other public debt of the State, as aforesaid, there shall be allowed, and paid semiannually, on the 1st days of July and January in each year, interest at the rate of 6 per cent per annum, which shall be appropriated, as provided in the act of Congress approved July 2, 1862, " to the endowment, support, and maintenance of at least one college, where the leading object shall be without excluding other scientific and classical studies and including military tactics to teach such branches of learning as are related to agriculture and the mechanic arts;" and for the prompt and regular payment of said interest, the preservation and appropriation of said fund, and the strict observance and fulfillment of the act of Congress before referred to the faith of the State is irrevocably pledged. (April 13, 1865.) SEC. 3107-93. The commissioners of the sinking fund are hereby authorized and empowered, as fast as the sinking fund will enable them to do so, to reduce the debt called the "agricultural fund" by the purchase of stocks of the United States or of this State yielding not less than 6 per cent upon the par value of said stocks, which stocks when so purchased shall be transferred to the "State of Ohio in trust for the agricultural college," and shall be deposited with the treas- urer of state, and when so purchased, transferred, and deposited shall, to the extent of the amount paid for such stocks, reduce the debt hereby created and denominated the "agricultural fund." (April 13, 1865.) SEC. 3951 [as amended May 8, 1902]. For the purpose of affording the advan- tages of a free education to all the youth of the State there shall be levied annu- ally a tax on the grand list of the 'taxable property of the State, which shall be collected in the same manner as other State taxes, and the proceeds of which LAWS KELATING TO LAND-GKANT COLLEGES. 155 shall constitute " the State common school fund," and for the purpose of higher, agricultural and industrial education, including manual training, there shall be levied and collected in the same manner a tax on the grand list of taxable property of the State, which shall constitute " the Ohio State University fund." The rate for such levy in each case shall be designated by the general assembly at least once in two years; and if the general assembly shall fail to designate the rate for any year, the same shall be for " the State common school fund " ninety-five one-hun- dredths of 1 mill each year for the years 1903 and 1903 and 1 mill each year there- after; for the " Ohio State University fund," fifteen one-hundredths of 1 mill upon each dollar of valuation of such taxable property each year for the years 1902 and 1903 and ten one-hundredths of 1 mill each year thereafter. SEC. 4105-9. A college, to be styled the " Ohio Agricultural and Mechanical Col- lege," is hereby established in this State in accordance with the provisions of an act of Congress of the United States passed July 2, 1862, * * and said col- lege to be located and controlled as hereinafter provided. The leading object shall be, without excluding other scientific and classical studies and including military tactics, to teach such branches of learning as are related to agricultural and mechanic arts. (March 22, 1870.) SEC. 4105-10. The trustees and their successors in office shall be styled the "board of trustees of the Ohio Agricultural and Mechanical College," with the right as such of suing and being sued, of contracting and being contracted with, of making and using a common seal, and altering the same at pleasure. (March 22, 1870.) SEC. 4105-11 . The board of trustees shall have power to adopt by-laws, rules, and regulations for the government of said college, to elect a president, to determine the number of professors and tutors, elect the same, and fix their salaries. They shall also have power to remove the president or any professor or tutor whenever the interests of the college, in their judgment, shall require, to fix and regulate the course of instruction, and to prescribe the extent and character of experiments to be made. (March 22, 1870.) SEC. 4105-12. The college shall be open to all persons over 14 years of age, sub- ject to such rules and regulations and limitations, as to numbers from the several counties of the State, as may be prescribed by the board of trustees: Provided, That each county shall be entitled to its just proportion according to its popula- tion. The board may provide for courses of lectures either at the seat of the col- lege or elsewhere in the State, which shall be free to all. (March 22, 1870.) SEC. 4105-13. The board of trustees shall have the general supervision of all lands, buildings, and other property belonging to said college, and the control of all expenses therefor: rrorided always, That said board shall not contract any debt not previously authorized by the general assembly of the State of Ohio. (March 22, 1870.) SEC. 4105-14. The board of trustees shall annually elect one of their number chairman , and in the absence of the chairman shall elect one of their number temporary chairman, and shall have power to appoint a secretary, treasurer, and librarian, and such other officers as the interests of the college may require, who may or may not be members of the board, and shall hold their offices for such term as said board shall fix, subject to removal by said board, and shall receive such compensation as the board shall prescribe. The treasurer shall, before enter- ing upon the duties of his office, give bond to the State of Ohio in such sum as the board may determine, which bond shall not be for a less sum than the probable amount that will be under his control in any one year, conditioned for the faithful discharge of his duties and the payment of all moneys coming into his hands, said bond to be approved by the attorney-general of the State. (March 22, 1870.) SEC. 4105-15. The board of trustees shall have power to receive and hold in trust, for the use and benefit of the college, any grant or devise of land, and any dona- tion or bequest of money or other personal property, to be applied to the general or special use of the college. All donations or bequests of money shall be paid to the State treasurer and invested in the same manner as the endowment fund of the college, unless otherwise directed in the donation or bequest. (March 22, 1870.) SEC. 4105-16. The title for all lands for the use of said college shall be made in fee simple to the State of Ohio, with covenants of seizin and warranty, and no title shall be taken to the State for the purposes aforesaid until the attorney- general shall be satisfied that the same is free from all defects and incumbrances. (March 22, 1870.) SEC. 4105-17. The attorney-general shall be the legal adviser of said board of trustees, and he shall institute and prosecute all suits in behalf of the same, and 156 EDUCATION EEPOPT, 1903. shall receive the same compensation therefor as he is entitled to by law for suits brought in behalf of the asylums of the State. (March 22, 1870.) SEC. 4105-18. It shall be the duty of the board of trustees to permanently locate said agricultural and mechanical college upon lands, not less than 100 acres, which in their judgment is best suited to the wants and purposes of said institution, the same being reasonably central in the State and accessible by railroad from differ- ent parts thereof, having regard to healthiness of location, and also regarding the best interests of the college in the receipt of moneys, lands, or other property donated to said college by any county, town, or individual, in consideration of the location of said college at a given place: Provided, It shall require a three-fifths vote of the trustees to make said location: And provided further , That said loca- tion shall be made on or before October 15, 1870: Provided further , That any per- son acting as a trustee, who shall accept or receive, directly or indirectly, any sum or amount from any person or persons, to use their influence in favor of the location of said college at any particular point or place, shall be held to be guilty of a misdemeanor, and on conviction thereof by any court of competent jurisdic- tion shall be fined in any sum not less than $1,000 nor more than $10,000: Pro- vided further, That in the location of said college the said trustees shall not in any event incur any debt or obligation exceeding $40,000; and if in their opinion the interests of the college can not be best promoted without a larger expenditure for the location than that sum, then they may delay the permanent location of the same until the third Monday of January, 1871, and report their proceedings and conclusions to the general assembly: Provided further , That said college shall not be located until there are secured thereto for such location donations in money, or unincumbered lands, at their cash valuation, whereon the college is to be located, or in both money and such lands, a sum equal to at least $100,000. (March 22, 1870.) SEC. 4105-19. The unsurveyed and unsold lands ceded to the State of Ohio by a certain act of Congress of the United States, approved February 18, 1871. situate and being in the Virginia military district, between the Great Sciotaand the Little Miami rivers, in said State, be, and the same are hereby, accepted by the State of Ohio, subject to the provisions of said act. (April 3, 1873.) SEC. 4105-20. The trustees of the Ohio Agricultural and Mechanical College are hereby authorized to demand from all persons who have destroyed or converted any timber growing upon the lands ceded to the State of Ohio, as stated in the act to which this is supplementary, since the date of said act of Congress ceding said lands to the State of Ohio , full compensation for the timber so destroyed or converted and for all damages, and if payment shall be refused, to institute proper proceed- ings in the name of said Ohio Agricultural and Mechanical College, in any court of competent jurisdiction, to recover the same with damages and costs of suit: Provided, That the provisions of this section shall not apply to timber taken from the 160 acres by any person who shall obtain the title to the same under section 3 [sec. 4105-21] of this act. (April 3, 1873.) SEC. 4105-21. The title of said lands is hereby vested in the trustees of the Ohio Agricultural and Mechanical College for the benefit of said college; and said trus- tees are hereby required to cause a complete survey of said lands to be immediately made and a correct plat thereof to be returned to said trustees, and to ascertain and set off, in reasonably compact form, by accurate boundaries to each occupant who was in actual possession of and living upon any of said lands at the time of the passage of said act of Congress, as provided therein, or their heirs and assigns, a tract not exceeding 40 acres; and upon the payment by the claimant of the cost of surveying and making the deed the said trustees shall make and deliver to said claimant a deed for said tract; and if any such occupant shall have been in such actual possession of more than 40 acres and is desirous of holding the same he shall be entitled to have in addition to said 40 acres any number of acres not exceed- ing with said 40 acres the number of 160 acres, to be in reasonably compact form, fry P a yi n K for the said excess over 40 acres the sum of $1 per acre; and if any claim- ant under the provisions of this act shall desire to purchase any tract of land adjoining said 40 acres, not exceeding, including said 40 acres, the amount of 160 acres, of which said claimant shall have been in actual possession, but does not desire to purchase the same at $1 per acre, said trustees, upon notice by said claim- ant, shall cause said tract or part of tract to be sold separate from other tracts of land, at a valuation fixed upon by the appraisers named in this act, payable one- third at the date of the survey and the residue in two equal annual installments, with interest at 6 per cent, payable annually, and upon full payment being made, with the cost of survey and conveyance, said trustees shall make and deliver to such claimant, his or her heirs or assigns, a deed for said excess over 40 acres: Provided, That any person claiming the benefit of the provisions of this section as LAWS RELATING TO LAND-GRANT COLLEGES. 157 occupant shall comply in all respects with and be snbject to the provisions of the thirteenth section of the act of Congress approved September 4, 1841, entitled "An act to appropriate the proceeds of the sales of the public lands and to grant pre- emption rights," and to the rules and regulations of the General Land Office of the United States relating to proof for the establishment of preemptor's claims: Provided, however, That the affidavit required by said thirteenth section of said act of Congress may be made before any justice of the peace or other officer authorized to administer oaths. (April 3, 1873.) [Sec. 4105-22 and sec. 4105-23 relate to the division and sale of the military lands.] SEC. 4105-24. The proceeds of the sales of such lands, or so much thereof as may be necessary, after the payment out of the same of all the necessary expenses of survey and sale, remaining uncertified into the treasury of said State, may be used by said trustees in building and maintaining upon the lands of said university a suitable number of houses, adapted to use as family residences, for the use of members of the faculty of said university, for which use a fair and reasonable rent shall be paid to said university. Said buildings shall be erected under the provisions of title G of the Revised Statutes of Ohio; and the said trustees shall annually report to the governor a detailed statement of receipts and disbursements in the execution of the trust under the provisions of this act. (April 3, 1873, as amended April 17, 1882.) SEC. 4105-26. The trustees of the Ohio State University be, and they are hereby, required to establish in said university a school of mines and mining engineering, in which shall be provided the means for studying scientifically and experimen- tally the survey, opening, ventilation, care, and working of mines; and said school shall be provided with a collection of drawings, illustrating the manner of open- ing, working, and ventilating mines, and with the necessary instruments for sur- veying, measuring air, examining and testing the noxious and poisonous gases of mines, and (also) with (the) models of the most improved machinery for ventilat- ing and operating (all the various kinds of) mines with safety to the lives and health of those engaged. Said school shall also be provided with complete mining laboratories for the analysis of coals, ores, fire clays, and other materials, and with all the necessary apparatus for testing the various coals, ores, fire clays, oils, gases, and other minerals. (May 7, 1877, as amended April 4, 1888.) SEC. 4105-27. Said trustees shall employ competent persons to give instruction in the most (improved and) successful methods of opening (and operating), sur- veying, and inspecting mines, including the methods and machinery employed for extracting coal, ore, fire clay, oil, gas, and other minerals from the pit's mouth and for facilitating the ascent and descent of workmen, the draining and freeing of mines from water, the causes of the vitiation of air, the quantities of fresh air required under various circumstances, natural ventilation, mechanical ventilation by flues and fans, and other ventilating machinery, the use of air engines, air compressors, and coal-cutting machinery; also instruction in the various uses of coals, ores, fire clays, oils, gases, and other minerals and the methods of testing, analyzing, and assaying such minerals; also the methods employed in metallurgical and other processes in the reduction of ores and in determining the qualities of metals, particularly of iron and steel, as shown by practical and laboratory tests; and there shall be kept in a cabinet properly arranged for ready reference and examination, suitably connected with said school of mines, (samples of the) specimens from the various mines in the State which may be sent for analysis, together with the names of the mines and their localities in the counties from which they were sent, and the analysis and a statement of their properties attached (it shall also be his duty to furnish analysis of all min- erals found in the State and sent to him for that purpose by residents of this State). (May 7, 1877, as amended April 4, 1888.) SEC. 4105-28. There is hereby appropriated out of the general revenue fund the sum of $3,500 to be expended in the equipment, support, and maintenance of said school of mines, as provided for in the first and second sections [sees. 4105-26 and 4105-27] of this act. (May 7, 1877, as amended April 4, 1888.) SEC. 4105-29. The board of trustees of the Ohio State University are hereby authorized and empowered to appropriate annually for the period of ten years to the support and maintenance of the school of law of the Ohio State University out of the funds derived under section 3951 of the Revised Statutes of Ohio, amended March 20, 1891 (88 O. L., 150), a sum not exceeding $5.000 in rddit:on to the sum derived from the tuition fees of the students in said school of law. (April 24. 1893.) SEC. 4105-30. The trustees of the Ohio State University be, and they are hereby, required to establish in said university a department of ceramics, equipped and 158 EDUCATION REPORT, 1903. designed for the technical education of clay, cement, and glass workers in all branches of the art which exist in this State or which can be profitably introduced and maintained in this State from the mineral sources thereof, including the man- ufacture of earthenwares, stonewares, yellow wares, white wares, china, porce- lain, and ornamental pottery; also the manufacture of sewer pipe, fireproofing, terra cotta, sanitary clay wares, electric conduits and specialties, fire bricks, and all refractory materials, glazed and enameled bricks, pressed bricks, vitrified pav- ing material, as well as the most economic methods in the production of the coarser forms of bricks used for building purposes; also the manufacture of tiles used for paving, flooring, decorative wall paneling, roofing, and draining purposes; also the manufacture of cement, concrete, artificial stone, and all kinds of glass prod- ucts and all other clay industries represented in our limits. (April 20, 1804.) SEC. 4105-31. Said department shall offer special instruction to clay workers on the origin, composition, properties, and testing of clays, the selection of materials for different purposes, the mechanical and chemical preparation of clays, the laws of burning clays, the theory and practice of the formation of clay bodies, slips, and glazes, and the laws which control the formation and fusion of silicates. (April 20, 1894.) SEC. 4105-32. Said department shall be provided with an efficient laboratory designed especially for the practical instruction of clay workers in the lists of subjects enumerated in the second section [sec. 4105-31] of this act, and also equipped to investigate into the various troubles and defects incident to every form of clay working, which can not be understood or avoided except by use of such scientific investigation. Said laboratory shall be equipped with apparatus for chemical analysis, with furnaces and kilns for pyrometric and practical trials with such machinery for the grinding, washing, and preparation of clays for manufacture as is consistent with the character of the department. (April 20, 1894.) SEC. 4105-33. Said trustees shall employ to conduct this department of ceramics a competent expert, who shall unite to the necessary education and scientific acquire- ments a thorough practical knowledge of clay working, and not less than two years' actual experience in some branch of the art. It shall be his duty to teach the theoretical part of the subject and to conduct the laboratory for the instruc- tion of students, and also to prosecute such scientific investigations into the tech- nology of the various clay industries as may be practicable, and from time to time to publish the results of his investigations in such form that they will be accessible to the clay workers of the State for the advancement of the art. (April 20, 1894.) ' SEC. 4105-34. There shall be hereafter appropriated out of the general revenues of the State the sum of $5,000, to be expended in the organization, equipment, and maintenance of said department [of ceramics] for the current year, and there shall be appropriated from the same fund the sum of $2,500 annually for two years for the salary, supplies, and all other expenses of maintenance of said depart- ment. (April 20, 1894.) SEC. 4105-35. It shall be the duty of the professor occupying the chair in the chemical and mechanical department of the Ohio Agricultural and Mechanical College, upon application, to make and give a written analysis of such artificial fertilizers as may be furnished to him for that purpose. (April 4, 1878.) SEC. 4105-36. The educational institution heretofore designated as the Ohio Agricultural and Mechanical College shall be known and designated hereafter as * ' The Ohio State University. ' ' (May 1 , 1878. ) SEC. 4105-37. The government of said university shall be vested in a board of seven trustees, who shall be appointed by the governor of the State, with the advice and consent of the senate, but no trustee or his relation by blood or mar- riage shall be eligible to any professorship or position in the university, the com- pensation for which is payable out of the State treasury or said college fund. (May 1, 1878.) SEC. 4105-38. The members of said board of trustees and their successors shall hold their offices for the term of seven years each: Provided, That the trustees first appointed under the provisions of this act shall hold their terms for one, two, three, four, five, six, and seven years, respectively, to be fixed by the governor in their commissions. In case a vacancy shall occur from death or other cause the appoint- ment shall be for the unexpired term. The trustees shall not receive any compen- sation for their services, but they shall be paid their reasonable and necessary expenses while engaged in the discharge of their official duties. (May 1, 1878.) SEC. 4105-39. The board of trustees shall have power, and it is made their duty, to collect, or cause to be collected, specimens of the various cereals, fruits, and other vegetable products and to have experiments made in their reproduction upon the lands of the university and to make report of the same from year to year, LAWS RELATING TO LAND-GRANT COLLEGES. 159 together with such other facts as may tend to advance the interests of agriculture. (May 1, 1878.) SEC. 4105-40. The board of trustees shall have power, and it is hereby made their duty, to secure and keep in the said university a collection of specimens in min- eralogy, geology, zoology, botany, and other specimens pertaining to natural his- tory and the sciences, and it shall be the duty of the president of the university to collect and deposit in the said university, in such manner as shall be directed by the trustees, a full and complete set of specimens as collected by him and his assist- ants, together with a brief description of the character of the same and where obtained, and the said specimens shall be properly classified and kept for the benefit of said university. (May 1, 1878.) SEC. 4105-41. The first meeting of the members of the board shall be called by the governor, as soon after the appointment of said board as convenient, to be held at said university, in Columbus, Ohio. All succeeding meetings shall be called in such a manner and at such times as the board may prescribe. The said board shall meet at least three times annually, and at such other times as they may think necessary for the best interest of the said university. A majority of the board of trustees present at any meeting shall constitute a quorum to do business: Provided, A majority of all the board shall be required to elect or remove a presi- dent or professor. (May 1, 1878.) SEC. 4105-42. The board of trustees shall cause to be made on or before the 1st of October of each year a report to the governor of the condition of said university; the amount of receipts and disbursements, and for what the disbursements were made; the number of professors, officers, teachers, and other employees, and the posi- tion and compensation of each; the number of students in the several departments and classes, and the course of instruction pursued in each; also an estimate of the expenses for the ensuing year; a statement showing the progress of the university, recording any improvements and experiments made, with their costs, and the results, and such other matters as may be supposed useful. Said annual report shall be for the year ending June 30, and the said Ohio State University is hereby exempted from the provisions of section 172, Revised Statutes of Ohio. There shall be printed : 5,000 copies of the said annual report, to be distributed by the trustees in such manner as they shall deem best for the interest of said uni- versity. The president of said university shall transmit by mail one copy to the Secretary of the Interior, one copy to the Secretary of Agriculture, and one copy to each of the colleges which are or may be endowed under the provisions of the act of Congress of July 2, 1862. (May 1, 1878, as amended April 25, 1893.) S: ( '. 4105-43. All funds derived from the sale of land scrip issued to the State of Ohio by the United States in pursuance of the aforesaid act of Congress, together with the interest accumulated thereon, shall constitute a part of the irreducible debt of this State, the interest upon which, as provided by the act of February 10, 1870, shall be paid to the university by the auditor of State, upon the requisition of the commissioners of the sinking fund, issued on the certificate of the secretary of the board of trustees, that the same has been appropriated by said trustees to the endowment, support, and maintenance of the university, as provided in the act of Congress aforesaid. (May 1, 1878.) SEC. 4105-44. That said board of trustees shall fix the compensation for the president, professors, teachers, and all other employees of the university: Provided, That the compensation for the services of the professors shall not exceed $2,500 each per annum. (May 1, 1878, as amended March 16, 1894.) SEC. 4105-45. It shall be the duty of the board of trustees, in connection with the faculty of the university, to provide for the teaching of such branches of learning as are related to agriculture and the mechanic arts, mines and mine engineering, and military tactics, and such other scientific and classic studies as the resources of the fund will permit. (May 1, 1878, as amended April 15, 1880.) SEC. 4105-46. The auditor of State be and is required to compute the interest which has accrued and will accrue on the agricultural college scrip fund since the same has been sold, to July 1, 1870, compounding the same by semiannual rests on the 1st day of January and the 1st day of July in each year; and on June 15, 1870, to transfer the sum so arising to the said college fund, and invest the same in the interest-bearing bonds of the State, in the same manner as the principal of the said fund is now invested. (February 10, 1870.) SEC. 4105-47. That on July 1, 1870, and every six months thereafter the auditor of State shall invest the interest of said funds falling due in the same manner as the principal is now invested. (February 10, 1870.) SEC. 142. The professor of physics of the Ohio State University shall be ex-officio State sealer, and the standards of weights and measures adopted by the State shall be deposited in a suitable room at the Ohio State University, and the same 160 EDUCATION KEPOKT, 1903. shall be by him kept in suitable cases, which shall be opened only for the purpose of comparing with such standards the copies which by law are to be furnished for the use of the several counties, unless by a joint resolution of the general assembly, or upon a call of either house for information, or by order of the governor for scientific purposes. (March 17, 1891.) SEC. 409-15. There be, and hereby is, established at the State university, at Col- nmbus, Ohio, a central office for the promotion of forestry, to be entitled the State forestry bureau, which shall consist of three members, to be appointed by the governor, as a board of directors. The members of the board of directors shall be commissioned by the governor, and be duly qualified as like officers of the State; one of three directors shall serve for six years, the second for four years, and the third for two years, and on the expiration of terms of service appointments shall be made for the term of six years. (April 16, 1885.) SEC. 409-16. It shall be the duty of said State forestry bureau to thoroughly in- quire into the character and extent of the forests of the State; to investigate the causes which are in operation to produce their waste or decay; to suggest what legislation, if any, may be necessary for the development of a rational system of forestry, adapted to the wants and conditions of this State, and with the consent of the trustees of the Ohio State University the said directors may establish a forestry station on the grounds of said university. The directors shall select one of their number, or appoint a qualified person as secretary, to carry out the plans of the board, who shall receive such compensation for his services as shall be agreed upon by the board: Provided, That all expenses incurred under this act shall not exceed the amount hereinafter provided. Said directors shall serve without compensation, but shall be allowed their necessary expenses incurred in discharge of the duties of their office. (April 16, 1885.) SEC. 409-17. This bureau shall annually make a report to the governor, which shall contain the results of the investigation, together with such other information as the board may deem necessary for the promotion of forestry in this State. Five thousand copies of this report are to be printed by the State, 2,000 of which shall be distributed by this bureau of forestry, and the remainder by the general assem- bly. (April 16, 1885.) SEC. 409-18. There is hereby appropriated for the ensuing year, for the main- tenance of said bureau, the sum of $1,000, or so much thereof as may be necessary for the purpose of meeting the actual expenses of carrying out the provisions of this act. (April 16, 1885.) Laws, 1891, 369 G: SECTION 1. The assent of the State is hereby signified to the aforesaid act of Congress [of August 30, 1890] , and to all the purposes, conditions, and provisions therein contained, and the faith of the State of Ohio is hereby pledged to the performance of all such purposes, conditions, and provisions. SEC. 2. The treasurer of the Ohio State University is hereby designated to receive the moneys appropriated by said act of Congress. (May 4, 1891.) Laws, 1902, 373 G: SECTION 1. There is hereby appropriated from any moneys raised or coming into the State treasury to the credit of the Ohio State University fund, not otherwise appropriated, for the last three quarters of the fiscal year ending November 15, 1902, and the first quarter of the fiscal year ending Novem- ber 15, 1903, the sum of $300,000, or so much as may come into the treasury to the credit of said fund; and for the last three quarters of the fiscal year ending November 15, 1903, and the first quarter of the fiscal year ending November 15, 1904, the sum of $300,000, or so much as may come into the treasury to the credit of such fund, to be applied to the uses and purposes of the Ohio State University in accordance with the provisions of section 3951 of the Revised Statutes of Ohio as amended May 8, 1902. (May 10, 1902.) Laws, 1902, 376 G: SECTION 1. The board of trustees of the Ohio State Univer- sity, for the purpose of providing for the erection of needed buildings and improve- ments and the securing of needed equipment and for the payment of the costs, expenses and estimates thereof, as the work progresses, is hereby authorized to issue from time to time certificates of indebtedness to an amount not exceeding in the aggregate $200,000 in anticipation of the annual levies authorized by section 3951 of the Revised Statutes of Ohio as amended May 8, 1902. SEC. 2. The certificates of indebtedness herein authorized shall be signed by the president and secretary of said board of trustees and sealed with the seal of said university, shall bear such rate of interest, not exceeding 4 per cent per annum, payable semiannually, as said board of trustees may determine and shall be pay- able by said board of trustees out of the revenues in anticipation of which they shall be issued as herein provided; and the moneys arising from the issue of such certificates shall be applied exclusively to the purposes for which such certificates shall be issued. Said certificates of indebtedness shall be sold by sai'd board of LAWS KELATING TO LAND-GRANT COLLEGES. 161 trustees at not less than their par value to the highest bidder, after notice of the sale thereof has-been given in a newspaper of general circulation published in the city of New York, and also in the cities of Cohimbus, Cincinnati, Cleveland, and Toledo; or may be issued to contractors for said buildings and improvements in payment of estimates for work and materials done or furnished by them. (May 10, 1902.) OKLAHOMA. [The folio-wing matter is tukon from " The Statutes of Oklahoma, 1893. Being a compilation of ' ' ' " riled tinder the direction and all the laws now in force in the Territory of Oklahoma. Compl supervision of Robert Martin, secretary of the Territory, by W. A. McCartney, John H. Beatty, and J. Malcolm Johnston, a committee elected by the legislative assembly." Guthrie, Okla., 1893.] * Chapter I: SECTION 1. The provisions of an act of Congress entitled "An act to establish agricultural experimental stations in connection with the colleges estab- lished in the several States under the provisions of an act approved July 2, 1862, and the acts supplementary thereto," approved March 2, 1887, are hereby accepted by the Territory of Oklahoma; and the Territory hereby agrees and obligates itself to comply with all the provisions of said act. SEC. 2. Upon the approval of this act by the governor, he is hereby instructed to transmit a certified copy of the same to the Secretary of State and the Secretary of the Interior of the United States. (October 27, 1890. ) [Sections 3-2G comprise the provisions of an act of December 25, I860, as amended March 13, 1893.] SEC. 3. An agricultural and mechanical college is hereby located in Payne County. It shall be the duty of the governor to appoint three competent citizens of said Territory as a board, whose- issue the bonds of said Territory in the sum of $15,000 for the use and benefit of the agricultural and mechanical college of the Territory of Oklahoma, located at Stillwater, in Payne County, in said Territory, the said bonds to be of the denomination of $500 each and bear interest at the rate of 6 per cent per annum, payable annually, for which interest coupons shall be attached to said bonds and run thirty years from their date, and payable at any time after ten years from their date at the will of the Territory. SEC. 16. Said bonds shall be styled Territorial agricultural and mechanical col- lege bonds, and when issued shall be delivered to the treasurer of said Territory, and shall be by the treasurer of said Territory sold at not less than par, and with- out the payment of commission for their sale; and the fund arising from the sale of said bonds shall be a separate fund in the treasury of said Territory for the use and benefit of said agricultural and mechanical college of the Territory of Okla- homa, and shall be expended by the agricultural and mechanical college board of regents for the purposes of the erection of suitable building or buildings for the use of said agricultural and mechanical college. SEC. 17. The said fund arising from the sale of said bonds shall be charged to the treasurer of said Territory by the auditor thereof, and shall be paid out only for the purpose aforesaid and upon an order in writing signed by the president of said agricultural and mechanical college, and countersigned by the auditor of said Territory; and upon returning said orders duly paid to the auditor of said Terri- tory the treasurer shall receive credit for the amount so paid. SEC. 18. The said bonds shall be issued by the governor, secretary, and treas- urer of the Territory of Oklahoma at any time after the passage of this act, upon request in writing of the agricultural and mechanical college board of regents. SEC. 19. Said agricultural and mechanical college board of regents shall have 164 EDUCATION EEPOET, 1903. power to do any and all things necessary to the construction of said buildings: Provided, however. That no contract shall be made or be binding on the Territory that shall not be authorized by said agricultural and mechanical college board of regents at a meeting duly called for that purpose, of which each member shall have at least five days' notice in writing and in accordance with the provisions of this act. SEC. 20. Before letting any contract for the furnishing of any material or the performance of any labor upon said buildings to any contractor it shall be the duty of said board of regents to adopt certain plans and specifications prepared by competent architects, giving on [an?] estimate cost of said proposed buildings, and the contracts shall be let with the view to the erection of said buildings according to said plans and specifications; and before any contract for the erection of said buildings, or for the furnishing of any material, or for the performance of any portion of the work let separately, it shall be the duty of the board to take good and sufficient bond from the contractor or contractors for the faithful per- formance of said work. ^ SEC. 21. No contract shall be let for the furnishing of the material or any por- tion of the material used in the erection of said buildings, or the construction thereof, until said board of regents shall have given thirty days' notice in one weekly newspaper published at Stillwater, in Payne County, in said Territory, and in one daily newspaper published at Guthrie, in said Territory, of the intention to purchase such material and let such contracts, and the contracts shall be let to the lowest responsible bidder or bidders, who shall give good and sufficient bond, with two or more sureties, for the faithful performance thereof, according to the terms of the contract: Provided, however, That the said board of regents may let the contract for the construction of said buildings as an entirety to one person or may let portions thereof to different persons, as the board of regents may deter- mine shall be to the best interests of said agricultural and mechanical college. SEC. 22. For the purpose of paying the interest on the said bonds hereinbefore provided to be issued for the use and benefit of said University of Oklahoma, Nor- mal School for the Territory of Oklahoma, and Agricultural and Mechanical Col- lege of the Territory of Oklahoma there is hereby levied upon all taxable prop- erty within said Territory an annual tax of one-half mill on the dollar, and for the purpose of creating a sinking fund for the payment of said bonds such levy shall be made as the Territorial legislature may hereafter prescribe. [Sees. 15-22 are a part of an act of March 16, 1893.] Chapter 9, article 4: SECTION 1. The secretary of the Territory of Oklahoma is hereby authorized to sell the bonds hitherto issued by the town of Stillwater, Payne County, Okla., for the benefit of the agricultural and mechanical college situated at Stillwater, Okla., which said bonds are hereby legalized and approved: Provided, That in case the bonds shall be sold for less than par, the town of Still- water shall and is hereby authorized to issue city warrants in a sum sufficient to make good the deficiency, and the total sum of $10,000 [shall be?] for the benefit of said school, as provided in chapter 2 of the general statutes of Oklahoma. (March 14, 1893.) Laws, 1893, council joint resolution No. 8: The provisions of the act of Congress approved August 30, 1890, * * * are hereby accepted by the Territory of Oklahoma, and the Territory hereby agrees and obligates itself to comply with 'ill the provisions of said act; and the treasurer of the Territory is designated as the proper officer to receive the funds therein appropriated. Upon the approval of this joint resolution by the governor , he is hereby instructed to transmit certified copies of the same to the Secretary of the Interior and the Secretary of the Treasury of the United States. (March 7, 1893.) Laws, 1895, chapter 4, article 1: SEC. 12. [Appropriates] For the expenses of the board of regents of the Agricultural and Mechanical College for the years 1895 and 1896, $1,000. (March 8, 1895.) Laws, 1897, chapter 3: SEC. 13. [Appropriates] For expenses of the board of regents of the Agricultural and Mechanical College the sum of $1,000 for the years 1897 and 1898. (March 12, 1897.) Laws, 1897, chapter 1 : SECTION 1 . The Colored Agricultural and Normal Univer- sity of the Territory of Oklahoma is hereby located and established at or within a convenient distance from Langston, in Logan County, Oklahoma Territory, the exclusive purpose of which si all be the instruction of both male and female colored persons in the art of teaching, and the various branches which pertain to a com- mon school education, and in such higher education as may be deemed advisable by such board, and in the fundamental laws of the United States, in the rights and duties of citizens, and in the agricultural, mechanical, and industrial arts. SEC. 2. The Colored Agricultural and Normal University shall be under the LAWS RELATING TO LAND-GRANT COLLEGES. 165 direction of five suitable persons, to be known as a board of regents of the Colored Agricultural and Normal University of the Territory of Oklahoma, two of which shall be from the colored race, and the school aforesaid shall be governed and supported as hereinafter provided. SEC. 3. Said board shall consist of the Territorial superintendent of public instruction, Territorial treasurer, and three others to be appointed by the governor, by and with the advice of the council of the legislative assembly. The tenure of office of said board shall be for the term of four years. The Territorial treasurer, by virtue of his office, shall bo treasurer of said board, and the members of said board shall elect from their members the president and the secretary. It shall be the duty of the secretary to keep an exact and detailed account of the doings of said board, and he shall make such reports to the legislative assembly as are required by this act. SEC. 4. Said board shall have power to appoint suitable persons as president and unts to take charge of said university, and fix the salaries of each and their several duties. They shall also have power to remove either the president or assistants and appoint others in their stead. They shall prescribe the various books to be used in said university, and shall make and prescribe such laws as may be necessary for the good government and management of the same. Sir. 5. The said board shall ordain such rules and regulations for the admission of pupils to said university as they deem necessary and proper. Every applicant for admission shall undergo an examination in such manner as may be prescribed by said board, and the board may in its discretion require an applicant for admis- sion into said school, other than such as shall prior to such admission sign and file with said board a declaration of intention to follow the business of teaching school. in the territory, t > pay or to secure to l*e paid such fees or tuition as the board shall deem reasonable: rn>rfri . by a good and sufficient deed of conveyance, to the State Agricultural College all of the right, title, and interest of the State of Oregon of, in, and to the following- described premises, to wit: All of the east half of the northeast quarter of section 23 and the west half of the northwest quarter of section 24, lying and being south of the Union Railway Company's railroad, except a strip of land 1 rod wide along the east side of the west half of the northwest quarter of said section 24 reserved as a roadway; also all the east half of the west half and the west half of the east half of said section 24, and the west half of the northeast quarter and the east half of the northwest quarter of section 25, all of said tracts of land lying and 174 EDUCATION REPORT, 1903. being in township 4 south of range 39 east of the Willamette meridian, in Union County, Oreg. , together with the tenements, hereditaments, and appurtenances thereunto belonging. SEC. 2. The board of regents of the State Agricultural College shall, as soon as possible after the passage and approval of this act, select a site on said land for the erection of an experiment station, and shall immediately thereafter erect and construct thereon the buildings requisite and necessary for an experiment station and furnish and equip the same ready for use: Provided, however, That the amount expended to erect, construct, furnish, and equip such buildings, and for agricultural experiments in eastern Oregon, shall in no event be in excess of the sum appropriated for such purposes. SEC. 3. There is hereby appropriated out of the general fund the sum of $10,000 for the purpose of erecting, constructing, furnishing, and equipping the said buildings, and the secretary of state be, and he is hereby, authorized and directed to audit all claims presented by the board of regents of the State Agricultural College for the expenses incurred in the said erection, construction, furnishing, and equipping of said buildings and for agricultural experiments in eastern Oregon, and, if allowed, to draw a warrant therefor in favor of the treasurer of said agri- cultural college: Provided, however, That the warrant or warrants drawn for these purposes shall not singly nor in the aggregate exceed the sum of $10,000, and no claim shall be allowed by the secretary of state in excess of said sum of $10,000. SEC. 4. All revenues derived from said lands not necessarily used in connection with said experiment station may be used by the board of regents of said agri- cultural college in the improvement of the property herein referred to, and for repairs thereto, and for the use and benefit of said experiment station, its build- ings, furniture, and equipment, and for agricultural experiments in eastern Ore- gon, and not otherwise. Laws, 1903, act of February 21, 1903: SECTION 1. There be, and is hereby, appro- priated out of the general fund the sum of $20,000 for the purchase of such stock as may be necessary for experimental feeding purposes; for the erection of build- ings; for the provision of scientific apparatus and tools; for draining, tiling, and improving land, and for all other purposes necessary for the conducting and developing of agricultural experiments in eastern Oregon, to be expended under the authority and authorization of the board of regents of the State Agricultural College of Oregon. Laws, 1903, act of February 24, 1903: SECTION 1. [Appropriates] for the pay- ment of the deficiency incurred in the maintenance of the State Agricultural Col- lege during the years 1901 and 1902, for which the past appropriation was insuf- ficient, for finishing and furnishing new buildings, and for the general repairs, improvements, etc., at the State Agricultural College at Corvallis, $15,000. SEC. 3. No indebtedness shall be incurred or warrants drawn in excess of the amounts herein specified, and in the case of the university [of Oregon] , State Agricultural College, and normal schools the boards of regents of said institutions, respectively, are hereby severally and collectively made responsible and shall be held personally liable in an action therefor to the State of Oregon for any expend- itures in excess of the sums hereby appropriated for their respective institutions: Provided, The State officers, being ex officio members of said boards of regents, are hereby exempted from such personal liability. PENNSYLVANIA. Laws, 1855, No. 50: SECTION 1. There be, and is hereby, erected and established, at the place which shall be designated by the authority and as hereinafter pro- vided, an institution for the education of youth in the various branches of science, learning, and practical agriculture, as they are connected with each other, by the name, style, and title of the Farmers' High School of Pennsylvania. SEC. 2. The said institution shall be under the management and government of a board of trustees, of whom there shall be 13, and 7 of whom shall be a quorum, competent to perform the duties hereinafter authorized and required. SEC. 3. The governor, secretary of the Commonwealth, the president of the The name was changed to Agricultural College of Pennsylvania May 1, 1862, by order of the court of quarter sessions of Center County, Pa., and to Pennsylvania State College January 26, 1874, by order of the court of common pleas of Center County, Pa. LAWS KELATING TO LAND-GBANT COLLEGES. 175 Pennsylvania State Agricultural Society, and the principal of the institution shall each be ex officio a member of the board of trustees, and they, with [nine others named] shall constitute the first board of trustees, which said trustees and their successors in office are hereby erected and declared to be a body politic and cor- porate in law, with perpetual succession, by the name, style, and title of the Farmers' High School of Pennsylvania, by which name and title the said trustees and their successors shall be able and capable in law to take by gift, grant, sale, or conveyance, by bequest, devise, or otherwise, any estate in any lands, tene- ments, and hereditaments, goods, chattels, or effects, and at pleasure to alien or otherwise dispose of the same to and for the uses and purposes of the said institu- tion: Provided, however, That the annual income of the said estate so held shall at no time exceed $25,000, and the said corporation shall by the same name have power to sue and be sued and generally to do and transact all and every business touching or concerning the premises, or which shall be necessarily incidental thereto, and to hold, enjoy, and exercise all such powers, authorities, and juris- diction as are customary in the colleges within this Commonwealth. SEC. 4. The same trustees shall cause to be made a seal, with such devices as they may think proper, and by and with which all the deeds, diplomas, certificates, and acts of the institution shall be authenticated, and they may at their pleasure alter the same. SEC. 5. At the first meeting of the board of trustees the nine named who are not ex officio members shall by themselves and by lot be divided into three classes of three each, numbered 1 , 2, and 3. The appointment hereby made of class No. 1 shall terminate on the first Monday of October, 1856; No. 2 on the first Monday of October, 1857, and No. 3 on the first Monday of October, 1858; and upon the ter- mination of the office of such directors, to wit, on the first Monday of October in every year, an election shall be held at the institution to supply their place, and such election shall be determined by the votes of the members of the executive committee of the Pennsylvania State Agricultural Society and the votes of three representatives duly chosen by each county agricultural society in this Common- wealth which shall have been organized at least three months preceding the time of election, and it shall be the duty of the said board of trustees to appoint two of their number as judges, to hold the said election, to receive and count the votes and return the same to the board of trustees, with their certificate of the number of votes cast and for whom, whereupon the said board shall determine who have received the highest number of votes and who are thereby elected. SEC. 6. On the second Thursday of June after the passage of this act the board of trustees who are hereby appointed shall meet at Harrisburg and proceed to the organization of the institution and selection of the most eligible site within the Commonwealth of Pennsylvania for its location, where they shall purchase or obtain by gift, grant, or otherwise, a tract of land containing at least 200 acres and not exceeding 2,000 acres, upon which ^ and alterations to be made as will make ' instruction of youth in the art of farming, of this act. They shall select and choose a principal for the said institution, who, with such scientific attainments and capacity to teach as the board shall deem necessary, shall be a good, practical farmer; he, with such other persons as shall from time to time be employed as teachers, shall compose the faculty, under whose control the iinmediate'management of the institution and the instruction of all the youth committed to its care shall be, subject, however, to the revision and all orders of the board of trustees. There shall be a quarterly meeting of the board of trustees at the institution and as much oftener as shall be necessary and they shall determine. The board shall have power to pass all such by-laws, ordi- nances, and rules as the good government of the institution shall require, and therein to prescribe what shall be taught to and what labor performed by the pupils and generally to do and perform all such administrative acts as are usually performed by and within the appropriate duty of a board of trustees, and shall, by a secretary of their appointment, keep a minute of the proceedings and action of the board. SEC. 7. It shall be the duty of the board of trustees, as soon and as often as the exigencies of the institution shall require, in. addition to the principal, to employ such other professors, teachers, or tutors, as shall be qualified to impart to pupils under their charge a knowledge of the English language, grammar, geography, history, mathematics, chemistry, and such other branches of the natural and exact sciences as will conduce to the proper education of a farmer; the pupils shall them- selves, at such proper times and seasons as shall be prescribed by the board of trustees, perform all the labor necessary in the cultivation of the farm, and shall thus be instructed and taught all things necessary to be known by a farmer, it 176 EDUCATION BEPOET, 1903. being the design and intention of this act to establish an institution in which youth may be so educated as to fit them for the occupation of a farmer. SEC. 8. The board of trustees shall annually elect a treasurer, who shall receive and disburse the funds of the institution, and perform such other duties as shall be required of him, and from whom they shall take such security for the faithful performance of his duty as necessity shall require; and it shall be the duty of the said board of trustees, annually, on or before the 1st of December, to make out a full and detailed account of the operations of the institution for the preceding year and an account of all its receipts and disbursements, and report the same to the Pennsylvania State Agricultural Society, who shall embody said report in the annual report which by existing laws the said society is bound to make and trans- mit to the legislature on or before the first Monday of January of each and every year. SEC. 9. It shall be lawful for the Pennsylvania State Agricultural Society to appro- priate out of their funds to the object of this act a sum not exceeding $10.000 whenever the same shall be required, and to make such further appropriation, annually, out of their funds as will aid in the prosecution of this object, and it will be the duty and privilege of the said society, at such times as they shall deem expedient by their committees, officers, or otherwise, to visit the said institution and examine into the details of its management. (February 22, 1855.) [The act of February 22, 1855, was amended by the court of common pleas of Center County, Pa., October 22, 1875, as follows: 1. That the time for holding the annual election for and annual meeting of the trustees of the institution be fixed for the Wednesday next preceding the Friday immediately preceding the 4th day of July in each and every year. 2. That the number of trustees of said institution be fixed at 23 instead of 13, and that the said board of trustees be constituted as follows: The governor, the secretary of the Commonwealth, the secretary of internal affairs, the adjutant-general, the superintendent of public instruction, the president of the State agricultural society, the president of the Franklin Institute of Penn- sylvania, and the president of the institution shall be ex officio members of the board. The remaining members to wit, 15 shall be elected in manner following, to wit: Three by the alumni of the institution and the remaining 12 by a body of electors composed of the execu- tive committee of the Pennsylvania State Agricultural Society, the managers of the Franklin Institute of Pennsylvania, 3 representatives duly chosen by each county agricultural society in this Commonwealth which shall have been organized at least three months preceding the time of election, and 3 representatives duly chosen by each association, not exceeding 1 in each county of the Commonwealth, which shall have for its principal object the promotion and encouragement of the mining and manufacturing interests of the Commonwealth and the mechanic and useful arts, ana which shall in like manner have been organized at least threo months preceding the time of election. ******* 5. That so much of the seventh section of the act of the assembly approved February 22, 1855, as provides " that the pupils shall themselves, at such proper times and seasons as shall be pre- scribed by the board of trustees, perform all the labor necessary in the cultivation of the farm, and shall thus be instructed and taught all things necessary to be known by a farmer, it being the design and intention of this act to establish an institution in which youth may be so edu- cated as to fit them for the occupation of a farmer," be so changed and modified as to require the students of the said institution to perform so much labor as shall from time to time be pre- scribed by the board of trustees and shall best carry out the design of the institution in pro- moting "the liberal and practical education of the industrial classes in the several pursuits and professions in life. 1 ' From report of committee of the legislature to investigate the affairs of the Pennsylvania State College, 1883.] Laws, 1857, No. 658: SECTION 1 . The sum of $25,000 be, and is hereby, appropriated to the Farmers' High School of Pennsylvania, to be paid out of any moneys in the treasury not otherwise appropriated: Provided, That the admissions to said school from the several counties shall be in proportion to their number of taxables, respectively, if such number shall apply. SEC. 2. The further sum of $25.000 be, and is hereby, appropriated to said insti- tution, to be paid as hereinafter provided. SEC. 3. Whenever it shall appear to the satisfaction of the governor that said high school shall have received from some other source or sources $1,000 or npward, the State treasurer shall pay to said school an equal sum, independent of the appropriation made in the first section, and so on until a sum not exceeding $25,000, in addition to the preceding appropriation, shall have boen appropriated to said school: Provided, That the said sum of $25,000 shall be subscribed within three years from the passage of this act. [Time extended to May 20, 1862, by act approved April 3, I860.] * * * * * * * SEC. 5. There shall be established in connection with the institution an office where correct and perfect analysis shall be made, without charge, of all soils and manures which shall be sent by citizens of this Commonwealth for that purpose and a correct report returned of the result of said analysis, accompanied with such information as may be useful in the case. SEC. 6. The said corporation shall furnish reports of the result of all esperi- LAWS EELATING TO LAND-GEANT COLLEGES. 177 ments made with trees, shrnbs, plants, seeds, soils, and the breeding and rearing of stock to at least one newspaper in each county in the Commonwealth for pub- lication, the same to be furnished monthly or immediately after the results of the investigations are known. (May 20, 1857.) Laws, 1859, No. 165: SECTION 1. At all future meetings of the board of trustees of the Farmers' High School of Pennsylvania five members thereof shall consti- tute a quorum competent for the transaction of business. SEC. 2. It shall be unlawful for the court of quarter sessions of Center County to grant a license to any person or persons for the sale of ardent spirits or malt liquors at any place within 2 miles of the Farmers' High School of Pennsylvania, located in the said county. SEC. 3. The superintendent of the Pennsylvania State Lunatic Hospital be, and he is hereby, directed to deliver to the trustees of the Farmers' High School of Pennsylvania, to be arranged for exhibition and use in the museum of the said school, the cabinets of mineralogical and geological specimens belonging to the State, which were placed in the care of the said superintendent by the secretary of the Commonwealth, in compliance with a resolution approved February 15, 1855. (March 17, 1859.) Laws, 1861, No. 367: SECTION 1. [Appropriates $49,900 for building purposes.] Laws, 1863, No. 227: SECTION 1. The act of the Congress of the United States passed July 2, 1862, * * be, and the same is hereby, accepted by the State of Pennsylvania, with all its provisions and conditions, and the faith of the State is hereby pledged to carry the same into effect. SEC. 2. The surveyor-general of the State of Pennsylvania is hereby authorized and required to do every act and thing necessary to entitle this State to its dis- tributive share of land scrip, under the provisions of the said act of Congress, and when the said scrip is received by him to dispose of the same under such regula- tions as the board of commissioners, hereafter appointed by this act, shall prescribe. SEC. 3. The governor, auditor-general, and the surveyor-general are hereby con- stituted a board of commissioners, with full power and authority to make all needful rules and regulations respecting the manner in which the surveyor-general aforesaid shall dispose of the said land scrip, the investment of the proceeds thereof in the State stocks of this State, and apply interest arising therefrom as herein directed, and in general to do all and every act or acts necessary to carry into full effect the said act of Congress: Provided, That no investment shall be made in any other stocks than those of the United States or of this Commonwealth. SEC. 4. Until otherwise ordered by the legislature of Pennsylvania, the annual interest accruing from any investment of the funds acquired under the said act of Congress is hereby appropriated, and the said commissioners are directed to pay the same to the Agricultural College of Pennsylvania, for the endowment, support, and maintenance of the said institution, which college is now in full and success- ful operation, and where the leading object is, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts. SEC. 5. The said Agricultural College of Pennsylvania shall, on or before the 1st day of February of each year, make report to the legislature of the receipts and expenditures of said institution for the preceding year. (April 1, 1863.) Laws, 1866, No. 88: SECTION 1. The third section of the act * * * passed April 1, 1863 [above] , shall be so construed as to authorize the governor, auditor-general, and surveyor-general as commissioners, in the performance of the duties devolved upon them by the said act, to direct the payment of the expenses of disposing of the said land scrip out of any money in the treasury not otherwise appropriated: Provided, That no more than one-third of the distributive shares of the said land scrip donated to this State shall be sold under the provisions of this act. SEC. 2. The board of trustees of the Agricultural College of Pennsylvania be, and they are hereby, authorized to borrow a sum of money not exceeding $80,000, at a rate of interest not exceeding 7 per cent, and taxes, with which to pay and consolidate all the debts of the institution, and to secure the same by a mortgage upon the property thereof. (April 11, 1866.) Laws, 1867, No. 9: SECTION 1. The proviso to the first section of the act ' approved April 11, 1866 [above] , be, and the same is hereby, repealed. SEC. 2. The one-tenth part of the entire proceeds of the lands donated by Con- gress to the State of Pennsylvania by the act of July 2, 1862, in trust, and accepted by the act of April 1, 1863, to which this is a supplement, be, and is hereby, appropriated, and the commissioners under the said act of April [1] , 1863, are directed to pay the same to the Agricultural College of Pennsylvania, to be expended in the purchase of lands for experimental farms. ED 1903 12 178 EDUCATION EEPOET, 1903. SEC. 3. The interest and income of the entire residue of the proceeds of the said lands be, and are hereby, appropriated, and the commissioners under the said act are also hereby directed to pay the same, as it shall accrue, to the Agricultural College of Pennsylvania, for the endowment, support, and maintenance thereof, on condition that the trustees establish, conduct, and maintain in connection with the college three experimental farms; one near the college, under the immediate supervision of the professor of agriculture in the institution, another east, and the other west, upon lands of diversified quality, under the immediate supervision, respectively, of an assistant professor of agriculture. (February 19, 1867.) Laws, 1872, No. 31: SECTION 1. The surveyor-general be, and is hereby, authorized and directed to sell all the present bonds held by him in trust for the agricultural college land-scrip fund and pay the proceeds of the sale of the same to the State treasurer for the use of the sinking-fund commissioners. SEC. 2. The governor, auditor-general, and State treasurer are authorized to issue a registered bond of this Commonwealth for the sum of $500,000, payable to the agricultural college land-scrip fund of Pennsylvania, after fifty years from February 1, 1872, with interest on the same at the rate of 6 per cent per annum, to be paid semiannually on the 1st of February and August of each year, and deliver the said bond to the State treasurer for the uses and purposes declared by law. SEC. 3. It shall be the duty of the State treasurer to hold said bond in trust for the agricultural college land-scrip fund of Pennsylvania and to pay the interest accruing thereon semiannually to the Agricultural College of Pennsylvania accord- ing to the several acts of assembly in relation thereto. SEC. 4. The board of commissioners for the sale of agricultural college land scrip be, and the same is hereby, abolished, and the surveyor-general is directed to place in the hands of the State treasurer the book of accounts and vouchers relating to the agricultural college land-scrip fund now in his custody. (April 3, 1872.) Laws, 1878, No. 219: SECTION 1. [Appropriates $80,000 to pay off mortgage on the property of the Agricultural College of Pennsylvania.] SEC. 3. The State treasurer shall not disburse any of the moneys herein appro- priated until satisfactory proof has been made to him that the following reduc- tions have been made in the salaries of all officers and employees in said institu- tion, namely, 10 per cent on all salaries between $800 and $1,500 and 15 per cent on all salaries over $1,500. (June 12, 1878.) Laws, 1887, No. 56: SECTION 1. The trustees of the said the Pennsylvania State College, are hereby authorized to sell the farms commonly known as the eastern and western experimental farms, or either of them, at the highest price at which they can be sold, at public or private sale, as a whole or in parcels, after at least sixty days' notice of such sale being given weekly in two of the newspapers pub- lished in the county where such farm is located. * The proceeds of such sale shall be paid by said trustees into the State treasury, with satisfactory evidence to the governor and treasurer that such sale was conducted in good faith, according to the requirements of this act, and shall there be held as a special fund, to be invested in the bonds of the State, or otherwise, the interest on which, at 6 per cent per annum, shall be paid by the State treasurer, in equal quarterly installments, on the 1st day of January, April, July, and October in each and every year, to the said trustees of the State College, to be used by them for the sole and exclusive purpose of maintaining a mechanical workshop and chemical laboratories, and of conducting educational and scientific experiments on the experimental farm located at the State College, and laboratory tests and investigations connected therewith, and the principal of said proceeds is hereby inviolably appropriated and set apart as and for the uses herein prescribed: Provided, That before any portion of the income thereof shall be paid to the said trustees they shall execute and file with the secretary of the Commonwealth an agreement to expend the whole of such income in the manner and for the purposes herein designated, and shall annually make to the governor a full statement of their income and expendi- tures under this head: And provided further, That nothing contained in this act shall be construed to release the said trustees from the obligation to maintain a well-equipped experimental farm near the college, as now required by law, or to impair or modify any other obligation or agreement now existing between the State of Pennsylvania and said State College, except as herein expressly provided. (May 13, 1887.) Laws, 1887, No. 223: SECTION 1. [Appropriates $68,000 for buildings, $22,500 for apparatus, books, and equipment, and $9,500 for repairs, etc.] SEC. 2. [Appropriates $3,000 per annum for four years for the agricultural experiment station.] (June 3, 1887.) LAWS RELATING TO LAND-GRANT COLLEGES. 179 Laws, 1889, No. 52: SECTION 1. The assent of the Commonwealth of Pennsyl- vania is hereby given to the said act of Congress approved March 3 [2] , 1887, with all its provisions and conditions, and the Pennsylvania State College is hereby designated as the proper institution, under the provisions of said act of February 19, 1867 [of the legislature of Pennsylvania], to receive all appropriations made or to be made by Congress for the purpose of carrying into effect said act or any supplement or supplements thereto. (April 25, 1889.) Laws, 1889. No. 312: SECTION 1. [Appropriates $95,500 for buildings, $18,700 for apparatus and equipment, and $12,800 for repairs, etc.] (May 25, 1889.) Laws, 1891, No. 67: SECTION 1. The assent of the Commonwealth of Pennsyl- vania is hereby given to said act of Congress approved August 30, 1890, with all its provisions and conditions, and the Pennsylvania State College is hereby desig- nated as the proper institution, under the provisions of said act of February 19, 1867 [of the legislature of Pennsylvania] , to receive all appropriations made or to be made by Congress for the purpose of carrying into effect said act or any sup- plement or supplements thereto. SEC. 2. The State treasurer is hereby authorized and directed to record in his office the receipt of any and all appropriations received from the United States under said act of Congress, and to transfer the same immediately to the treasurer of the Pennsylvania State College, as required by said act approved August 30, 1890. SEC. 3. All acts and parts of acts inconsistent herewith be, and the same are hereby, repealed , and the secretary of the Commonwealth is hereby directed to for- ward one certified copy of this act to the Secretary of the Treasury of the United States and one to the United States Secretary of the Interior. (May 20, 1891.) Laws, 1891, No. 291: [Appropriates $114,500 for buildings, $19,000 for appa- ratus and equipment, and $17.000 for repairs, etc.] (June 19, 1891.) Laws, 1893, No. 243: [Appropriates $33,000 for maintenance, $37,500 for equip- ment, and $20,220 for repairs, etc.] (June 3, 1893.) Laws, 1893, No. 239: SECTION 1. The secretary of the State board of agriculture shall be ex officio a member of the board of agriculture and of the board of trustees of the Pennsylvania State College. (June 2, 1893.) Laws, 1895, No. 440: [Appropriates $110,006.73 for buildings, $52,000 for main- tenance, $20,500 for apparatus and equipment, and $29,755.50 for repairs, etc.] (July 3, 1895.) Laws, 1897, No. 353: [Appropriates $63,200 for maintenance, $13,250 for appa- ratus and equipment, and $10,882.50 for repairs, etc.] (July 22, 1897.) Laws, 1899, No. 319: [Appropriates $39,250 for maintenance, $12,000 for fuel, and $4,051.90 for insurance.] (May 13, 1899.) Laws, 1901, No. 503: [Appropriates $15,000 for fuel, $58,750 for maintenance, $10,707.74 for repairs, etc., and $500 for furniture.] (July 18, 1901.) Laws, 1903, No. 432: [Appropriates $151,805.55.] (May 15, 1903.) RHODE ISLAND. Acts and resolves, January session, 1863, Public resolution No. 2: Resolved, the senate concurring with the house in the passage hereof, That the general assem- bly of the State of Rhode Island does hereby express its acceptance in behalf of the State of the benefit of the provisions of Chapter CXXX of the Statutes of the United States passed at the second session of the Thirty-seventh Congress and approved July 2, 1862, donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts upon the terms and conditions in the said act contained and set forth, and that the faith of the State be, and is hereby, pledged to the United States that upon the receipt of the scrip provided to be issued under the said act of Congress it will faithfully apply the proceeds thereof to the objects and in the manner pre- scribed by this act. Resolved, That his excellency the governor be, and he hereby is, requested to notify the President of the United States without delay of the accepting by the leg- islature of this State of the donation of scrip for 120,000 acres of the public lands of the United States (that quantity being 30,000 acres for each Senator and Repre- sentative in Congress from this State) , made by the provisions of Chapter CXXX of the Statutes of the United States approved July 2, 1862, * * * upon the terms and conditions in the said act contained and set forth, and to furnish at the same time a copy of said notification to the Secretary of the Interior. 180 EDUCATION REPORT, 1903. Resolved, That his excellency the governor be, and he hereby is, fully authorized and empowered by himself or his order to receive from the Secretary of the Interior or any other person authorized to issue the same the land scrip to which this State is entitled under the provisions of Chapter CXXX of the Statutes of the United States, passed at the second session of the Thirty-seventh Congress and approved July 2, 1862, * * * and to hold the said scrip subject to the future order of this general assembly. [By a resolution passed at this same session Brown Uni- versity was made the beneficiary of the land-scrip fund and remained so until 1894.] Acts and Resolves, January session, 1887, Resolve No. 18: The State of Rhode Island hereby assents to and accepts the provisions and purposes of the act passed by the Forty-ninth Congress of the United States and approved March 3 [2] , 1887, entitled, etc. (March 31, 1887.) Acts and Resolves, January session, 1888, chapter 706: SECTION!. The sum of $5,000 is hereby appropriated to be paid out of the treasury for the purpose of establishing a State agricultural school. SEC. 2. The governor shall, with the advice and consent of the senate, appoint a board of five managers, who shall be practical agriculturists. One member of said board shall be appointed from each county, who shall manage and control the State agricultural school. The members of said board first appointed shall hold their offices one for one year, one for two years, one for three years, one for four years, and one for five years, and until their successors shall be qualified to act. In every year hereafter there shall be one member of said board appointed for the term of five years. In case of a vacancy in said board such vacancy shall be filled, if the general assembly be in session, by the governor, with the advice and con- sent of the senate; if not in session, by the governor until the next session of the general assembly, when, as soon as may be, an appointment shall be made by the governor, with the advice and consent of the senate, to fill such vacancy, and the person so appointed shall hold his office for the remainder of the unexpired term. SEC. 3. The said board of managers shall establish a system of government for said school, and shall make all necessary rules and regulations for receiving students and giving instruction on agricultural and kindred subjects. They may establish rates of tuition. They shall appoint such officers, teachers, and employees as shall be necessary, and prescribe their duties and fix their compen- sation. They shall report annually to the general assembly at the January session. SEC. 4. Any sum which shall be received by the State by virtue of any act of Congress for the promotion of agriculture shall be appropriated to the use of said board for the purpose for which said sum is appropriated. (March 23, 1888.) Public Laws, January session, 1892, chapter 1078: SECTION 1. The present board of managers of the State agricultural school and their successors, for the terms for which they have been or for which they hereafter may be appointed or elected as such managers, are hereby declared to be a body politic and corporate for the purpose of continuing and maintaining said State agricultural school as a college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life, as provided in the act of the Congress of the United States approved July 2, 1862, * * and for the purpose of continuing and maintaining an agricultural experiment station as a department of said college under and in accordance with and to carry out the purposes of the act of Congress approved March 2, 1887, by the name of Rhode Island College of Agriculture and Mechanic Arts, with all the powers and privileges and subject to all the duties and liabilities set forth in chapter 152 of the Public Statutes and in any acts in amendment thereof or in addition thereto. SEC. 2. Said college and experiment station shall, until otherwise ordered, be located in the town of South Kingstown, upon the estate now occupied by said State agricultural school and experiment station. And all moneys hereafter received under said act of Congress approved March 2, 1887, and under the act of Congress approved August 30, 1890, ' * * and all other moneys which shall be received by the State for the promotion of agriculture or the mechanic arts under or by virtue of any act of Congress shall, as and when received, be paid over to the treasurer for the time being of said college corporation, to be used and applied and accounted for by the managers and officers of said corporation for the time being, as required by the several acts of Congress under which the same are received. And the managers and officers of said corporation shall perform all the duties and make and publish, distribute and render all bulletins and reports required by said acts of Congress or by any acts in amendment thereof or supple- LAWS RELATING TO LAND-GRANT COLLEGES. 181 mentary thereto, and shall also report to the general assembly annnally at its January session. SEC. 3. The said members of the present board of managers of the State agri- cultural school are hereby created and declared to be the board of managers of said college corporation, and their respective terms of office shall expire at the same times as they would have expired under the provisions of said act, chapter 706, to which this act is in amendment. And all future members of said board of managers of said college corporation and all future vacancies in said board shall be appointed and filled in the manner provided by section 2 of said chapter 706, except that the words "who shall be practical agriculturists," in said section 2, are hereby repealed; and every future member of said board shall be a domi- ciled inhabitant of the same county as was the retiring member of the board whose place he is appointed to fill. SEC. 4. Said board of managers shall annually elect one of their own number to be president of the board, who shall also be president of the corporation, and shall continue in office until his successor is elected. They shall also from time to time appoint a treasurer and a clerk, who shall also be officers of the corpora- tion, and who may be, but need not necessarily be, the same person or members of the board, and who shall hold their respective offices at the pleasure of the board The treasurer before entering upon his office shall give bond to the State for the faithful discharge of his duties, in form to be approved by the attorney- general, in a penal sum to be fixed by the said board of managers, and with surety or sureties to be approved by the governor, such bond to be filed and to be kept on file in the office of the secretary of state, and which bond shall be renewed whenever required by the board of managers or by the governor. And the treasurer shall make a full detailed report annually to the general assembly at its January session of all his receipts and expenditures, properly audited by ill* hoard of managers or a committee thereof. Sr. . r>. Said board of managers shall have the general care and management of said estate in South Kingstown and of said college and experiment station, and may employ such professors, teachers, and other persons in and about the same, and prescribe their duties and fix their compensation, and from time to time make rules and regulations for their government, and may also make by-laws, rules, and reg- ulations to govern their own meetings and proceedings. Said board of managers shall from time to time appoint the faculty of said college; and such faculty shall from time to time arrange the courses of study, conforming to said acts of Con- gress in this behalf, and prescribe such qualifications for admission of students, and such rules of study, exercise, discipline, and government as they shall deem proper; they may also '^rant academical degrees and diplomas appropriate to the courses of study to those students of good moral character who shall have pursued the prescribed courses and passed satisfactory examinations. (May 19, 1892.) [From 1893 to 1899, both inclusive, the general assembly appropriated annually $10,000 to the college of agriculture and mechanic arts. An act passed May 24, 1899, provides: " The sum of $15,000 is hereby annually appropriated for the purpose of defraying the expenses of said college corporation, the same to be expended under the direction of the managers and officers of said corporation for the time being/'] SOUTH CAROLINA. Constitution (1895). Article XI: SEC. 8. The general assembly may provide for the maintenance of Clemson Agricultural College, * * * as now established by law , and may create scholarships therein. The proceeds realized from the land scrip given by the act of Congress passed July 2, 1862, for the support of an agri- cultural college, and any lands or funds which have heretofore been or may here- after be given or appropriated for educational purposes by the Congress of the United States, shall be applied as directed in the acts appropriating the same: Provided, That the general assembly shall, as soon as practicable, wholly separate Claflin College from Claflin University and provide for a separate corps of pro- fessors and instructors therein, representation to be given to men and women of the negro race: and it shall be the Colored Normal, Industrial, Agricultural, and Mechanical College of this State. f The following matter is taken from Code of Laws of South Carolina, 1902. 2 vols., Columbia, S. C., 1902.] SKC. 1293. There shall be established within this State a normal, industrial, agricultural, and mechanical college for the higher education of the colored youth 182 EDUCATION REPORT, 1903. of the State, and the said college shall be known as the " Colored Normal, Indus- trial, Agricultural, and Mechanical College of South Carolina." The Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina shall be a branch of the State University, but shall be under the manage- ment and control of a separate board of trustees, composed of seven members, six of whom shall be elected by the general assembly, whose term of office shall be six years. But the general assembly shall at its present session elect two of said trustees for two years, two for four years, and two for six years, so that two of them shall go out of office every two years. The governor of the State shall be ex officio the seventh member of said board of trustees. (March 3, 1896.) SEC. 1294. The board of trustees of the Colored Normal, Industrial, Agricul- tural, and Mechanical College of South Carolina are hereby fully authorized and empowered to take charge of, manage, and control all of the real and personal property belonging to Claflin College, in whosesoever hands or custody the same may be now or hereafter found, and shall hold the same in trust for the benefit and uses of the said Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina. (March 3, 1896.) SEC. 1295. The board of trustees of the Colored Normal, Industrial, Agricul- tural, and Mechanical College of South Carolina shall have, and are hereby given, full and ample power to do and to perform any and all acts whatsoever necessary to effect a complete and final separation of the interests of the State from those of Claflin University, and, if found necessary to protect or promote the interests of the State, the authority here given shall authorize said trustees to sell, purchase, or exchange real estate. The Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina shall have all the rights and privileges possessed by Claflin College, and be entitled to receive all the funds set apart for the support of Claflin College under the acts of the general assembly of this State, and the said college shall for- ever be and remain free and separate from Claflin University and all other colleges, schools, or other institutions which are wholly or in part under the direction or control of any church or religious or sectarian denomination or society. (March 3, 1896.) SEC. 1296. The board of trustees of the Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina are authorized and empowered to pro- vide all necessary suitable buildings upon a proper site for the purpose, to establish a course of study covering the normal, industrial, agricultural, and mechanical sciences and provide the necessary appliances for proper instruction in the same, and to select a proper corps of professors and instructors and fix their salaries. The principal or president and corps of instructors shall be of the negro race. (March 3, 1896.) SEC. 1297. A majority of the board of trustees shall be necessary for the trans- action of any business. (March 3, 1896.) SEC. 1298. One-half of the fund known as the " land-scrip fund," to wit, $95,900, shall be for the benefit of the Colored Normal, Industrial, Agricultural, and Mechanical College of South Carolina, and shall be a perpetual fund, which shall forever remain undiminished, and the board of trustees are authorized to use the income thereon, to wit, 6 per cent per annum, payable semiannually, from July 1, 1889, for the use and maintenance of said college. SEC. 1299. All sums which shall be received by the State from the United States Government under the provisions of the act of Congress approved August 30, 1890, * * * shall be equally divided between the Colored Normal, Industrial, Agricultural, and Mechanical College and the Clemson Agricultural College, to be applied to the purposes specified in said acts. (December 24, 1890.) SEC. 1300. The Hon. Thomas G. Clemson having departed this life on April 6, 1888, leaving of force his last will and testament, which was duly admitted to probate on April 20, 1888, in the office of the judge of probate for the county of Oconee, in the State of South Carolina, wherein he devised and bequeathed to his executor * * * a tract of land situate on Seneca River, in Oconee County, in said State, containing 814 acres, more or less, known as the Fort Hill plantation, as well as all his other property, both real and personal, except certain legacies in the said will mentioned and provided for, all in trust to convey to the State of South Carolina when the said State shall accept the same for the purpose of estab- lishing and maintaining an agricultural college upon the aforesaid Fort Hill plantation upon the terms and conditions of said will, the State of South Carolina hereby expressly declares that it accepts the c devise and bequest of Thomas G. Clemson subject to the terms and conditions set forth in his said last will and tes- tament, and the treasurer of the State is hereby authorized and empowered to receive and securely hold the said property, both real and personal, and to exe- LAWS RELATING TO LAND-GRANT COLLEGES. 183 cute all necessary papers and receipts therefor as soon as the said executor shall convey and transfer the said devise and bequest to the said State. (November 27, 1889.) SEC. 1301. The deed and transfer of said property to the State having been duly executed and made by the said executor, in accordance with the provisions of said will, an agricultural and mechanical college is hereby established in connection with the aforesaid devise and bequest, to be styled "The Clemson Agricultural College of South Carolina," and situated at Fort Hill, in Oconee County, on the plantation so devised, in which college shall be taught all branches of study per- taining to practical and scientific agriculture and other industries connected there- with, and such other studies as are not inconsistent with the terms of the said will. (November 27, 1889.) SEC. 1302. The said college shall be under the management and control of a board of thirteen trustees, composed of the seven members nominated by said svill and their successors and six members to be elected by the legislature in joint assembly. (November 27, 1889.) Three of the trustees elected in 1898 shall serve for the term of two years, and three of said trustees shall serve for the term of four years, from the commence- ment of their terms and until their successors shall be elected, and the said six trustees, immediately after their election, shall cast lots to determine which three of said trustees shall serve for the term of two years and which three shall serve for the term of four years. Hereafter every two years the general assembly shall elect in joint assembly three trustees for said college, who shall serve for the term of four years and until their successors shall be elected and shall qualify. (Feb- ruary 16, 1898.) The board of trustees shall elect one of their number to be president, and elect a secretary and fix his salary. They shall organize the college and put it in opera- tion as soon as practicable after the passage of this act, shall prescribe the course of study, shall declare the professorships, elect the professors, of whom the num- ber shall not exceed ten, and define their duties and fix their salaries, and make all rules and regulations for the government of the college. They may employ such superintendent, head workman, laborers for the farm, shops, and grounds as may be necessary, and fix their compensation. They shall charge each student a tuition fee at $40 per annum: Provided, however, The board of trustees of said Clemson Agricultural College may grant free tuition to such competent and deserv- ing youths of this State as may be unable to pay the same, and the said board of trustees shall prescribe such rules and regulations as may be proper to confine the enjoyment of this privilege to those whose necessities require it. (November 27, 1889, and March 2, 1897.) SEC. 1303. The said board of trustees is hereby declared to be a body politic and corporate under the name and style of the Clemson Agricultural College of South Carolina. They shall have a corporate seal, which they may change at their dis- cretion, and in their corporate name they may contract for, purchase, and hold property for the purposes of this article, and may take any property or money given or conveyed by deed, devise, or bequest of [to] said college, and hold the same for its use and benefit: Provided, That the conditions of such gift or con- veyance shall in no case be inconsistent with the purposes of this chapter, and shall incur no obligation on the part of the State. They shall securely invest all funds and keep all property which may come into their possession, and may sell any of the personal property not subject to the trust, and reinvest the same in such way as they may deem best for the interest of said college. They may sue and be sued, plead and be inapleaded, in their corporate name, and may do all things necessary to carry out the provisions of this chapter, and may make by-laws for this purpose if they deem it necessary. (November 27, 1889.) SEC. 1304. It shall require a two-thirds vote of the said board of trustees to authorize the expenditure of any moneys appropriated to the said college by the State, or to authorize the sale or transfer or reinvestment of any property or mon- eys arising from the sale of any property under the provisions of this chapter. (November 27, 1889.) SEC. 1305. It shall be the duty of said board of trustees to make to the legisla- ture an annual report of the college and of all farming operations and tests and experiments, and of all receipts and expenditures, with a statement of the condi- tion of the property and funds of said college, and of all receipts and expenditures of money appropriated thereto by the State. (November 27, 1889.) SEC. 1306. The State treasurer shall securely invest and reinvest the funds now in his hands and such as may hereafter come into his hands, derived from the Clemson bequest, in such manner as shall be directed by the governor, the comp- troller-general, and the treasurer of the State, or any two of them. He is hereby 184 EDUCATION REPORT, 1903. authorized to collect the interest annually upon all investments made of funds of the Clemson bequest, and pay the game over to the treasurer of the board of trustees of Clemson Agricultural College. It shall be his duty, under the direc- tion of the governor, the comptroller-general, and the treasurer of the State, or any two of them, to enforce the collection of the principal or interest due on any investments made of such Clemson bequest. (December 23, 1890.) SEC. 1307. The State treasurer is hereby authorized and empowered to collect by suit or otherwise, or to sell and convert into money, all the evidences of indebted- ness now held by him, and which was turned over to him as a part of the Clem- son bequest, and that when he shall have received the money on same, that he invest the same in Brown consols bearing interest at 6 per cent per annum. When said funds are invested in said Brown consols, as provided for in this section, then the State treasurer shall issue a certificate of State stock in a sum equal to the value of said Brown consols, bearing interest at the rate of 6 per cent per annum, payable semiannually to the board of trustees of the Clemson Agricultural Col- lege, to be held as a perpetual fund, the capital of which shall forever remain un diminished, the interest on same to be used by said board of trustees for the uses of said Clemson Agricultural College, and when the said State stock is so issued, he do then cancel the said Brown consols in the place of which the said State stock was issued. (December 22, 1891.) SEC. 1308. One-half of the land-scrip fund heretofore vested by section 1045 of the general statutes (1882) in the board of trustees of the University of South Caro- lina is hereby vested in the six members of the board of trustees of the Clemson Agricultural College of South Carolina, elected by the general assembly, and the State treasurer is authorized and required to issue a certificate of State stock in the sum of $95,900, bearing interest at the rate of 6 per cent per annum, payable semiannually to the said six members of the said board of trustees, to be held as a permanent fund, the capital of which shall forever remain undiminished, the income of said fund to be used by said board of trustees for the building and main- tenance of the said Clemson Agricultural College in accordance with the purposes for which the said land scrip was donated by the act of Congress in relation thereto. (December 23, 1889.) SEC. 1309. The annual grant of $15,000, commonly known as the Hatch bill fund, made to the State of South Carolina by the Congress of the United States, accord- ing to the terms of an act of Congress ' approved March 2, 1887, shall be, and hereby is, withdrawn from the control of the board of trustees of the Univer- sity of South Carolina, in whom it was vested by an act * * * approved Decem- ber 22, 1887, and the said grant of $15,000 is hereby vested in the six members of the board of trustees of the Clemson Agricultural College of South Carolina chosen by the general assembly, and an agricultural experiment station shall be estab- lished in connection with the said Clemson Agricultural College and under the direction of the board of trustees thereof, to be supported by said grant according to the provisions of the act of Congress hereinbefore mentioned. (December 23, 1889.) I SEC. 1310. The department of agriculture of this State, as heretofore constituted and provided for by law, is abolished, and also the office of commissioner of agri- culture for this State. (December 24, 1890.) SEC. 1311. All the powers, duties, rights and privileges heretofore vested in and exercised by the commissioner of agriculture and the department of agriculture of this State are hereby vested in and devolved upon the board of trustees of the Clemson Agricultural College of South Carolina, except that said board shall not have any rights, powers, or privileges in reference to or in connection with the management and control of the rights and interests of the State in the phosphate rock or phosphatic deposits in the navigable streams and marshes thereof. (De- cember 24, 1890.) SEC. 1312. For the purpose of carrying out the duties hereby devolved upon them, the said board of trustees shall meet at the call of the governor, and at such time and place as he may designate. They shall receive no compensation, but shall be allowed their actual expenses for not exceeding two meetings in one year while engaged in the duties of the board imposed upon them by this article. (March 6, 1899.) SEC. 1313. The duties and powers of the said board of trustees are as follows: 1. They shall regulate the returns of such county agricultural societies as may be chartered by the State, prescribe the forms of such return, and furnish all blanks necessary for securing uniform and reliable statistics of their operations. 2. They shall issue to the several county auditors of the State, blanks with com- plete instructions for the collection of agricultural statistics and information. LAWS RELATING TO LAND-GKANT COLLEGES. 185 The auditors shall promptly return such blanks to the board, filled in accordance with such instructions. 3. They shall investigate all subjects relating to the improvement of the agri- cultural interests of the State, the inducement of immigration thereto, and the introduction of foreign capital therein, as they may deem expedient. 4. They shall have the right to promulgate and enforce rules and regulations for the guidance of the veterinarian of said college or his assistant, if one shall be appointed, in the treatment of horses, mules, cattle, hogs, or other live stock affected with any dangerous or contagious disease. 5. The said board shall have the power to adopt rules and regulations consistent with the laws of this State and of the United States, to prevent the introduction into this State of any live stock that is affected with any contagious disease, the tendency of which is to cause the death of said live stock. 6. They shall have power, in case of contagious disease among any kind of stock or animals, either to establish rules of quarantine or to have the infected animals killed and burned. 7. Said board, or a committee thereof appointed by them, shall supervise and enforce the execution of all laws respecting the sale of commercial fertilizers and seeds within the State, and any other duties by this chapter devolved upon them. 8. They shall appoint a special inspector or inspectors of fertilizers, and such other persons as they may deem necessary for carrying out the duties of the department of agriculture hereby devolved upon them, and fix their compensation. 9. They shall collect samples of any commercial fertilizers offered for sale in this State, and cause the same to be analyzed. Such samples must be taken from at least 10 per cent of the lot analyzed. 10. They shall prepare and keep in their department books of registry, in which any person may cause to be entered any tract or lot of land which he may desire to sell, stating the terms of sale. And*such person may file also any plat or other descriptive paper relating to such lands as he may think proper. They shall also keep books in which shall be entered the names of persons desiring employment as laborers. The registry fee for each tract of land, or for each person seeking employment, shall be $1. The books shall be open to inspection free of charge. 11. They shall communicate and cooperate with the Commissioner [Secretary] of Agriculture of the United States, and shall receive from him seeds, plants, documents, and information, and shall distribute the same as may seem to the bt-st advantage. 12. They shall have power to hold agricultural conventions composed of dele- gates from each county in the State, to be apportioned to each county and elected in such manner as the board may provide; and to conduct farmers' institutes at such times and places as may appear expedient; and they are authorized to use such parts of the funds under their control as may be necessary to meet the expense of conducting such conventions and institutes, but no compensation, per diem, or mileage shall be paid to the delegates of such conventions. SEC. 1314. The Clemson Agricultural College of South Carolina is hereby author- ized and empowered to construct, maintain, and operate a railroad between the Clemson Agricultural College of South Carolina and Calhonn station, on the line of the Atlanta and Charlotte Air Line Railway, with all the rights, powers, duties, and privileges that are conferred and imposed by the laws of the State upon rail- road companies. The said Clemson Agricultural College of South Carolina, for the purpose of the construction of said railroad, shall be entitled to all the rights and privileges (and be subject to all the liabilities of railroad corporations) em- braced in what is called the * general railroad law " and acts amendatory thereof , as well as any acts now existing or hereafter to be passed regulating the duties, privileges, and rights of railroad companies. (February 19, 1900.) SEC. 1315. After construction of said railroad the said Clemson Agricultural College of South Carolina, for the purpose of operating the same, is empowered to lease, in any lawful manner, the said railroad to any railroad company upon such terms as may be mutually agreed upon, or may enter into any agreement with any railroad company for the operation of the same. (February 19, 1900.) SEC. 1316. The said Clemson Agricultural College of South Carolina is author- ized to construct and maintain tramways, macadam roads, electric roads, and such other highways within the incorporation as the board of trustees may deem expedient for the improvement and development of the corporation, and to this end shall have all the powers, privileges, and rights conferred by sections 1314 and 1315. (February 19,' 1900.) SEC. 1317. The veterinarian of said college shall have the right to visit any sec- tion of this State where contagious diseases among animals is [are] believed to 186 EDUCATION REPOET, 1903. exist and shall determine, under the rules and regulations of said board, whether such affected animals are worthy of remedial treatment or should be destroyed. It shall not be lawful for any person or persons to hinder or obstruct said veteri- narian or his assistant in the enjoyment of the rights given by this section or in the discharge of the duties prescribed by the next succeeding section. (February 19, 1901.) SEC. 1318. When two or more reputable citizens of any county in this State shall notify said veterinarian that any animals in their county are affected with a con- tagious disease the tendency of which is to cause the death of such animals, he shall investigate the same or cause an investigation thereof to be made: and for such purpose he or his assistant shall have the right to go upon any premises on which such affected animals are or where they are supposed to be. Said veteri- narian shall have the right to treat such affected animals at the expense of the owner or owners of the same or shall have the right to cause the same destroyed under such rules and regulations as may be prescribed by the said board. No compensation shall be paid to the owner or owners of any animals destroyed under the provisions of this section. The necessary expenses incurred by the veteri- narian or his assistant in the discharge of the duties prescribed in this chapter shall he paid from the funds of Clemson College. (February 19, 1901.) SEC. 1319. All the privilege tax on fertilizers heretofore required to be paid to the commissioner of agriculture shall in the future be paid to the treasurer of the State, subject to the order of the board of trustees of the Clemson Agricultural College of South Carolina; and so much of the money so received as shall be necessary to defray the expenses of the board in performing the duties now by this chapter devolved upon them shall be thus used, and the balance shall go to the said college for its erection and maintenance. (December 24, 1890.) SEC. 1320. A municipal corporation is hereby created known as Clemson College, the limits of which shall consist of all the lands belonging to the said college and cover all the territory included in a circle formed with the college building as a center with a radius of 5 miles, thus making the diameter of the circle 10 miles, within which boundaries the jurisdiction of the college shall extend. No dis- pensary shall ever be located at Calhoun. (December2lr, 1894; February 20, 1901.) SEC. 1321. (1) The board of trustees of Clemson College and their successors in office shall have perpetual control and direct the affairs of said corporation. (2) The said board, by a majority vote, shall have the power, and it is made their duty, to recommend a suitable person as police magistrate, who shall be commissioned by the governor, and who shall exercise all the powers of a magistrate and of a city recorder in punishing offenses against the law or against the ordinances of the said board of trustees; but said magistrate shall not have jurisdiction in Pickens County. The said board of trustees shall have authority, and it shall be their duty, to make such rules for the maintenance of order and provide such punish- ments within the jurisdiction of a magistrate by fine or imprisonment, or both, as will keep the territory within their jurisdiction free from nuisances and enforce the police regulations of the State. (December 24, 1894; February 20, 1901.) SEC. 1322. The board of trustees of the Clemson Agricultural College are authorized and empowered to make such by-laws as they deem proper to license or prohibit the sale of goods, wares, and merchandise of any kind whatever 011 the grounds belonging to the said college as are not repugnant to the laws of the State. (December 24, 1892.) SEC. 1323. The said board shall have authority to appoint one or more special constables, who shall exercise all the power of a State constable or of a municipal policeman to enforce obedience to its ordinances and to the laws of the State. (December 24, 1894.) SEC. 1324. Nothing contained in sections 1320, 1321, and 1322 shall give said board of trustees the right to levy or to collect any tax. (December 24. 1894. ) SEC. 1325. A report of all their proceedings under this chapter shall be made annually by the board to the general assembly. (December 23, 1879.) Laws, 1902, No. 545: SECTION 1. On and after the approval of this act by the governor the authorities of Clemson Agricultural and Mechanical College are hereby authorized and required to detail one of its scientific agriculturists to pay frequent visits to the coast section of the State, and to examine the soils, present methods of cultivation, fertilization, irrigation, etc. , and to make practical tests, on some selected section, of sea-island cotton, rice, and truck farms, with various varieties of seeds, and to follow the same up carefully during the preparation of the land, planting of seed, and cultivation and harvesting of same, and also to examine into the diseases of cotton, rice, truck, etc., which have caused much trouble and loss in that section. SEC. 2. It shall be the duty of the planters and farmers of the section so visited LAWS RELATING TO LAND-GRANT COLLEGES. 187 to render hearty assistance and cooperation in every way in their power to the gentleman detailed under the provisions of section 1 of this act. (February 25, 1902.) Laws, 1903, No. 1C: SECTION 1. On or before April 1, 1901, and every two years thereafter, the board of trustees of Clemson College shall designate three mem- bers of the said board, who shall constitute and be known as the State board of entomology, and who shall be charged especially with the execution of the pro- visions of this act. SEC. 2. The said board is hereby authorized and empowered to make such rules and establish such regulations consistent with the laws of this State and of the United States for the government of the inspection, certification, sale, transpor- tation, and introduction of trees, plants, shrubs, cuttings, buds, vines, bulbs, or roots that the said board may deem necessary or advisable to prevent the intro- duction or dissemination of destructive insects and plant diseases. SEC. 3. The said board shall have power to appoint an entomologist, who shall be a skilled horticulturist, and an assistant entomologist, if ill their judgment it shall be impracticable for the entomologist so to be appointed to discharge the duties hereby devolved upon him; and such entomologist shall act as an inspector under the provisions of this act. And it shall be the duty of said board to pro- mulgate rules and regulations in accordance with this act for the guidance of said entomologist and his assistant, if one shall be appointed, in the duties devolving upon him under the provisions hereof. Si:< . 4. The said board shall fix the salary of said entomologist and of his assist- ant, if one shall be appointed; the said salary shall be paid out of the funds now provided by law for the uses of Clemson College. And. in addition to said salaries, such expenses as the said board may allow for traveling and other incidental expenses of the entomologist and his assistant, and the issuing of reports or other publications, shall be paid out of the funds provided for the uses of Clemson College. (February 23, 1903. The remaining sections describe the duties and powers of the entomologist.) SOUTH DAKOTA. Constitution (1889), Article VIII: SECTION 1. The stability of a republican form of government depending on the morality and intelligence of the people it shall be the duty of the legislature to establish, and maintain a general and uniform system of public schools, wherein tuition shall be without charge and equally open to all, and to adopt all suitable means to secure to the people the advantages and opportunities of education. SEC. 7. All lands, money, or other property donated, granted, or received from the United States or any other source for a university, agricultural college, normal schools, or other educational or charitable institution or purpose, and the proceeds of all such lands and other property so received from any source shall be and remain perpetual funds, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and applied to the specific objects of the original grants or gifts. The principal of every such fund may be increased, but shall never be diminished, and the interest and 'income only shall be used. Every such fund shall be deemed a trust fund held by the State, and the State shall make good all losses therefrom that shall in any manner occur. S !:c. 11. The moneys of the permanent school and other educational fiinds shall be invested only in first mortgages upon good improved farm lands within this State, as hereinafter provided, or in bonds of school corporations within the State, or in bonds of the United States or of the State of South Dakota. The legislature shall provide by law the method of determining the amounts of said funds which shall be invested from time to time in such classes of securities, respectively, taking care to secure continuous investments as far as possible. ***** * * SEC. 13. All losses to the permanent school or other educational funds of this State which shall have been occasioned by the defalcation, negligence, mismanage- ment, 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 fund sustaining the loss, upon which not less than 6 per cent of annual interest shall be paid. * * * Article XIV: SEC. 3 [as amended 1896] . The State university, the agricultural col- lege, the normal schools, and all other educational institutions that may be BUS- 188 EDUCATION REPORT, 1903. tained, either wholly or in part, by the State shall be under the control of a board of five members appointed by the governor and confirmed by the senate, ui>il< r such rules and restrictions as the legislature shall provide. The legislature may increase the number of members to nine. Laws of the Territory of Dakota, 1881, chapter 3: SECTION 1 [as amended March 9, 1883]. An agricultural college for the Territory of Dakota is hereby located and established at the city of Brookings, Brookings County. The build- ing for said college shall be erected and constructed upon the land now owned by the Territory within the limits of said city of Brookings. The purpose of said college shall be the instruction of persons, both male and female, in such branches as may be prescribed by the board of regents hereinafter provided for. Ibid., 1883, chapter 3: SECTION 1. For the purpose of providing a fund to erect and construct an agricultural college the Territorial treasurer is hereby authorized and empowered, and it is made his duty, to prepare for issue $25,000 of Territorial bonds. Said bonds shall be dated on the day of the execution and delivery thereof, shall be due in twenty years from and after their date, and shall be payable at the option of the Territory at any time after ten years from their date. Said bonds shall bear interest at the rate of 5 per cent per annum. * SEC. 4. For the purpose of the prompt payment of the principal and interest of the bonds herein provided for, there shall be levied annually by the Territorial board of equalization at the time the other taxes are levied, and collected in the same manner as other Territorial taxes are collected, such a tax as shall be suffi- cient to pay such interest and the exchange thereon; and after nine years from the date of said bonds, if no other provision shall have been made for the pay- ment of the principal of the same, the said board of equalization, or any other officer or officers then empowered to perform the duties now performed by said Territorial board of equalization, shall levy such sinking-fund tax annually as shall be sufficient to retire and pay said bonds at their maturity. * * * SEC. 9. The total cost of said agricultural college building, including fixtures, shall not exceed $20,000. SEC. 18. That part of the Territory of Dakota in which the agricultural college is situated shall, on the division of the Territory, assume all debts incurred and then existing on account of the erection, construction, and equipment of said agri- cultural college and agricultural college farm. (February 27, 1883.) Ibid., 1885, chapter 22: SEC. 3. For the purpose of providing funds to finish the agricultural college at Brookings, Dak., and build a boarding house, and furnish the same, and put in steam heating, the Territorial treasurer is hereby authorized and empowered, and it is made his duty, to prepare for issue $20,000 of Territorial bonds. SEC. 4. Said bonds shall be dated on the day of the execution and delivery thereof, shall be due in twenty years from and after their date, and shall be pay- able at the option of the Territory at any time after ten years from their date. Said bonds shall bear interest at the rate of 6 per cent per annum. * * * SEC. 7. [Provides for tax levy similar to that provided in Laws, 1883, chapter 3, sec. 4.] Ibid., 1887, chapter 4: SECTION 1. For the purpose of providing funds to purchase an experimental farm, farm buildings, live stock, and to erect and furnish build- ing for assembly hall, workshops, laboratory, and dormitory for young men, for the Dakota Agricultural College and Experimental Station at Brookings, Dak., the Territorial treasurer is hereby authorized and empowered, and it is made his duty, to prepare for issue $54.000 of Territorial bonds, in denominations of $500 each, running for a term of twenty years, bearing interest not to exceed 5 per cent per annum. * * * SEC. 3. [Provides for a tax levy similar to that provided in Laws, 1883, chapter 3, sec. 4.] SEC. 9. The cost of the building for shops, laboratory, and dormitory for young men, including furnishing with necessary furniture and steam heating, shall not exceed the sum of $30,000. The cost of the farm lands for the experimental sta- tion shall not exceed the sum of $25 per acre, and they shall be adjacent to the lands already owned by the Territory, and comprising said agricultural college farm: And provided further. That whenever the funds arising from the sale of the Congressional grant of lands for the Dakota Agricultural College shall become available the Territory shall be reimbursed therefrom for all funds invested in said experimental farm lands, together with the interest thereon, from the date of the issue of said bonds. (March 10, 1887.) Ibid., 1887. chapter 6: SECTION 7. The agricultural college established by chapter 3 of the session laws of 1881 shall be known by the name of the Dakota Agricul- tural College. The design of the institution is to afford practical instruction in LAWS RELATING TO LAND-GRANT COLLEGES. 189 agriculture and the natural sciences connected therewith, and also the sciences which bear directly upon all industrial arts and pursuits. The course of instruc- tion shall embrace" the English language and literature, mathematics, civil engi- neering, agricultural chemistry, animal and vegetable anatomy and physiology, the veterinary art, entomology, geology, and such other natural sciences as may be prescribed, political, rural, and household economy, horticulture, moral phil- osophy, history, bookkeeping, and especially the application of science and the mechanic arts to practical agriculture in the field. SEC. 8. A full course of study in the institution shall embrace not less than four years, and the college year shall consist of not less than nine calendar months, which may be divided into terms by the board of regents as in their judgment will best secure the objects for which the college was founded. SEC. 9. The board of regents shall fix the salaries of the president, teachers, instructors, and other employees, and prescribe their respective duties. The board may remove the president or subordinate officers and supply all vacancies. SEC. 10. The faculty shall consist of the president, teachers, and instructors, and shall pass all needful rules and regulations for the government and discipline of the college, regulating the routine of labor, study, meals, and the duties and exercises and all such rules and regulations as are necessary to the preservation of morals, decorum, and health. SEC. 11. The president shall be chief executive officer of the agricultural college, and it shall be his duty to see that all rules and regulations are executed, and the subordinate officers and employees, not members of the faculty, shall be under his direction and supervision. SEC. 12. The president of the college and the president of the board of regents shall constitute a committee to fix the rate of wages to be allowed to students for labor on the farm or in the shops or kitchen of the agricultural college. SEC. 13. The faculty shall make an annual report to the board of regents on or before the first Monday in December of each year, showing the condition of the school and farm and the results of farm experiments, and containing such recom- mendations us the welfare of the institution in their opinion demands. SEC. 17. There is hereby established an agricultural experiment station in con- nection with the Agricultural College of Dakota, and under the direction of the board of regents of said college, for the purpose of conducting experiments in agriculture, according, to the terms of section 1 of an act of Congress approved March 3 [2], 1887. * * * SEC. 18. The assent of the legislature of Dakota is hereby given in pursuance of the requirements of section 9 of said act of Congress approved March 3 [2] , 1887, to the grant of money therein made and to the establishing of an experiment sta- tion in accordance with section 1 of said last-mentioned act, and assent is hereby given to carry out all and singular the provisions of said act. (March 11, 1887.) Laws of South Dakota, 1891, chapter 38: SECTION 1. The name of the agricul- tural college at Brookings, S. Dak., is hereby changed from the Agricultural Col- lege of Dakota to the Agricultural College of South Dakota. (March 5, 1891.) Ibid., 1891, chapter 3: SECTION 1. The Congressional grants of money for the further endowment and maintenance of agricultural colleges, known as the Morrill Act, and approved August 30, 1890, be accepted for the Agricultural College of South Dakota under the conditions and limitations of that act, and the 1 r t ! t surer of the board having control of the agricultural college is designated as the proper person to whom such funds are to be paid by the United States authorities, said treasurer giving good and sufficient bonds for the safe custody of said funds. (March 7, 1891.) Ibid., 1S97, chapter 58: SECTION 1. As soon as practicable after the passage of this act and before March 1, 1897, the governor, by and with the consent of the senate, shall appoint five persons of probity and wisdom from among the best and the best-known citizens, residents of different portions of the State, none of whom shall reside in the counties in which any of the State educational institutions are located, who shall constitute a board to be designated the regents of education: Prorided, That in all appointments to the regency of education the persons selected shall be of the different political parties existing at the time such appoint- ments are made. SEC. 2. One of the persons so appointed shall hold office until January 1, 1899, and two until January 1, 1901, and two until January 1, 1903, as the governor shall indicate in his nomination, and all full appointments at and after the expiration of any of these terms shall be for six years, it being the intention of this act that all expirations of these terms shall occur on the 1st day of January of each odd or legislative year, or as soon thereafter as their successors are chosen and qualified: 190 EDUCATION REPORT, 1903. Provided, That all full appointments thereafter must be made before the 1st day of February of the regular biennial legislative year. SEC. 3. In case a regent of education shall die, resign, remove from the State, or for any other reason vacate his office, or become permanently disqualified from performing its duties, the governor of the State shall fill the vacancy by suitable and prompt appointment, and such appointee shall be clothed with full authority as a regent, but his term of service shall cease and expire with the next legisla- tive session unless sooner confirmed by the senate. But the governor shall not have power to fill any vacancies caused by the refusal of the senate to confirm, nor vacancies caused by his own neglect to nominate to the senate in time for con- firmation. SEC. 4. Immediately upon the appointment and confirmation of the first five per- sons above named in section 1 of this act the governor shall summon them to assemble forthwith at the capital of the State, whereupon each shall take an oath before a proper officer to support the Constitution of the United States and of this State, and to perform his duties as a regent of education to the best of his ability. As soon as they are thus properly qualified they shall organize by electing one of their number president and by the election of a secretary. Thus qualified and organized they shall have authority to make such rules as are necessary for their own government as a board, and they shall immediately assume the exclusive con- trol and management of all the educational institutions which are maintained either wholly or in part by the State, and at once, thereupon the terms of office and all authority of all boards or persons, of whatsoever name, heretofore charged with this duty, shall cease and expire. All persons subsequently appointed as regents shall each subscribe to a like oath of office before taking their seats, and all oaths of office of the regents of educa- tion shall be duly filed with the secretary of state. SEC. 5. To facilitate their work the regents of education shall have power to appoint, of their own members, such committees as seem desirable, but they shall appoint a standing committee of regents for each institution under their control, whose chairman may be charged by them and under their rules with certain executive duties in connection with the institution for which he was appointed and which may need attention during the interim of board meetings. They are also empowered to employ a competent stenographer and bookkeeper. SEC. 6. The regents of education shall hold two regular meetings each year one to be known as the annual meeting and one as the semiannual meeting at such stated times as shall best subserve the interests of the institutions under their control. Extra meetings may also be held in case of weighty emergency on the call of the president or by joint request of a majority of the members, due and reasonable notice always being given. Three regents shall constitute a quorum for doing business, but two may adjourn from day to day. SEC. 7. The failure of any regent to attend two successive regular meetings, as herein provided, may be construed by the governor as a resignation, and he may proceed to fill the vacancy unless such absences were on account of temporary disabling sickness or other equally valid reason accepted by the regents at their next meeting. SEC. 8. The regents of education, qualified and organized as prescribed in sec- tion 4 of this act, shall become, and they and their successors in office shall con- tinue to be, a legal corporation or body corporate with power to sue and be sued, to hold and manage fully, for the purposes for which these educational institutions were established, any property belonging to said institutions, collectively or sev- erally, or of which they shall in any manner become possessed; and all previous boards and persons having had custody of said property or control of said institu- tions shall at once turnover the same, together with all papers, records, contracts, or other archives belonging to said institutions, to the said regents of education. SEC. 9. The regents of education as a corporation shall have power to make contracts for service, for the erection of buildings, and for the purchase of all lands, materials, and supplies needed, and in the carrying out of such contracts they shall have power to expend moneys, to exact and collect penalties, and to purchase or sell property within the limitations of State and national law: Pro- vided, That all contracts for the erection or repairs of buildings or for the purchase of fuel or other ordinary supplies exceeding in value $200 shall be by means of publicly advertised competing bids and by public letting: And provided further, That no regent shall be directly or indirectly pecuniarily interested in any such contract. And said regents of education, as a board, may bring suit in the proper court having jurisdiction, in the name of the regents of education, to enforce any con- LAWS RELATING TO LAND-GRANT COLLEGES. 191 tratet made by them as such board, and may also bring suit in all matters relating to such property, or to the care, custody, control, management, or improvement thereof. And it is hereby made the duty of the attorney-general to prosecute any such suit upon the request of said board. Any moneys collected upon any judg- ment obtained under the provisions of this act shall be paid into the State treas- ury for the benefit of the educational institutions and credited to the proper fund or 'funds. Any regent is authorized to administer oaths and examine witnesses whenever necessary in the performance of the duties of the board. This act is intended to confer, and does confer, upon the regents of education all powers usually exercised by such boards and which are necessary to the proper legal management of the educational institutions placed under their control and the property belonging to the same. SEC. 10. The regents of education, in their capacity as a board and for the pur- pose of exercising proper control over those institutions of learning which are placed in their care, shall have full power to employ or dismiss all members of the faculties of instruction of said institutions, all assistants, foremen, secretaries, laborers, or other agents necessary to the proper management of the institutions; to determine their number, their qualifications, define their duties, fix the period or term of their employment, and the rate and manner of their compensation: Provided, That no person shall be employed or dismissed by reason of any sectarian or political opinions held. SEC. 11. The regents of education shall have full power to authorize for the institutions under their control such departments and courses of study as they may think best, to determine what text-books shall be used, what requirements for the admission and graduation of students shall be maintained, what rules shall be enacted and enforced for the government of students; and said regents shall have power to make all other rules and regulations for the wise and success- ful current management of the schools under their control. And, further, they are hereby empowered to delegate provisionally any of the authority given in this section to the presidents, deans, principals, or faculties of instruction of said schools as in the judgment of said regents may be proper or as may be in accord- ance with the usual custom in such cases. SEC. 12. The regents of education shall fix all rates of tuition and of other fees to be paid by students, but such rates must be the same in all the different institu- tions. They may receive free of tuition two students appointed by each State senator and one by each representative of the State legislature in any one of the institutions under their control: Provided, That the period for which such appointment was made shall expire with the term of office of the said senator or representative: And provided, That such appointees shall be residents of the dis- trict or county whose senator or representative makes the appointment: And pro- vided further, That such appointees shall comply with all the rules and require- ments of the institution which they desire to enter. No student, however, sjiall receive any other gratuity whatever. SEC. 13. The regents of education are hereby expressly forbidden to continue or to create chairs, departments, laboratories, libraries, or other equipment in mul- tiplication, except where the obvious needs of the special work of the schools make such multiplication necessary. In all things the regents are to administer the schools in such a manner as to enable each one of them to do in the best man- ner its own specific work, but all with a view to the strictest economy and so as to unify and harmonize the entire work of all the schools under their control. SEC. 14. The regents of education are authorized to confer all scholastic honors and degrees usually granted by such boards; but all degrees, diplomas, and cer- tificates of graduation shall be issued and conferred in their name and by their express authority. In conferring degrees the regents shall conform as nearly as may be to the best and most reputable current practice in such matters. Students shall be graduated from any one of these institutions by the regents of education upon recommendation of the appropriate faculty of ihat institution. A certifi- cate of graduation from a full course in any one of the normal schools or from the State University, provided the graduate of the university has taken a course in pedagogy as given in that institution, shall te a license valid for five years to teach in any of the public schools of this State. SEC. 15. The United States agricultural experiment station for South Dakota, being by national law a department of and under the direction of the agricultual college, shall be under the exclusive control of the regents of education, just as other departments and institutions are under their control. SEC. 16. The regents of education are authorized to encourage and provide for 192 EDUCATION REPORT, 1903. farmers' institutes to be conducted by members of the agricultural college faculty, or by anyone else designated by said regents, and the said regents are likewise authorized to encourage and as far as possible provide for any other form of uni- versity extension work which is feasible and of value to the people. SEC. 17. All officers of the board shall be elected for one year, and the election, except in case of vacancies, shall be held at the annual meeting. SEC. 18. The regents of education shall receive no compensation for their services, but each shall be paid $5 per day for every day's service to cover his actual expenses, and this per diem shall be paid upon their itemized and properly certi- fied vouchers from the State treasury upon the warrant of the auditor of state: Provided, That any regent serving from the Black Hills region shall receive $25 extra for attendance upon any meeting east of the Missouri River, but not exceed- ing $50 for any one fiscal year: And provided, That the entire sum paid for any one year to said regents of education shall not exceed $1,000. SEC. 19. In the general appropriation for State purposes the sum of $2,600, or so much thereof as may be needed, shall be provided each year for the per diem of the regents of education, for the salary of their secretary and stenographer, and for such blanks, books, stationery, and postage as may be needed. Ssc. 20. The State treasurer shall ba the treasurer of the regents of education, and he shall perform all the duties of such office, subject to such regulations as they may adopt not inconsistent with his other official du'ies, and he and his sureties shall bo liable on his official bond for the faithful discharge of such duties. Sai;l treasurer shall have authority to receive and receipt for all moneys arising from any source for the use of any of the educational institutions under the con- trol of the said regents, and he shall keep such separate accounts of the several funds as they shall prescribe. All moneys received from rents of dormitories, tuition, or other fees authorized by the regents of education, or from articles, products, or materials sold by their authority, shall be collected by some person designated by said regents for each institution to make such collections, under proper bonds, and said person shall transmit to the State treasurer at the close of each calendar month all moneys thus received by him during that month; and no other person shall be permitted to collect or hold any money belonging to said institutions. Moneys received from the National Government under any of the various grants shall be payable to ths State treasurer as treasurer of the regents of education, and shall be receipted for by him. All moneys received as interest on the National land-grant funds or from leases of the land granted to these insti- tutions under the control of the regents of education shall be paid to the State treasurer, and shall be credited by him to the proper educational institutions. At once on receiving moneys from any source the State treasurer shall notify the sec- retary of the regents of education of the amount, the source from which received, and the fund to which credited. SEC. 21. There is annually and perpetually appropriated to the regents of edu- cation for the exclusive and legal use of the educational institutions under their control all moneys received from their endowment land grant as interest or rent, all local collections from fees of any kind or from rents or sales authorized, all United States money grants of any kind, all moneys derived from any source to be used by the regents of education for the proper and legal maintenance of the institutions under their control. SEC. 22. No expenditures shall be made except by express authority of the regents of education first obtained, and no indebtedness shall ever be permitted or incurred except against funds already available for such purpose, and no expenditure from any fund shall, under any circumstances, be made except for the legal purpose for which said fund exists and for the institution to which it belongs. The method in detail of making expenditures, purchases, etc., except so far as they are specified by section 10 of this act, shall be left to the discretion of the regents of education. SEC. 23. Whenever a properly audited and authenticated voucher of the regents of education is presented to the auditor of State, it shall be his duty to transmit promptly to the office of secretary of the regents of education his warrant for a corresponding sum on the State treasurer, unless said voucher shall overdraw the fund from which it is made payable. SEC. 24. The regents of education shall, on or before the 15th day of December previous to each biennial session of the legislature, prepare and present to the governor of the State, for his use and for the use of the legislature, a full detailed report of all their doings for the preceding two years, with a statement of the work and the condition financially and educationally of all the institutions under their control, with such recommendations as they may desire to make, and with detailed estimates for legislative aid, if in their judgment any is needed. They LAWS RELATING TO LAND-GRANT COLLEGES. 193 shall also, by themselves or their authorized representative, attend upon the ses- sion of the legislature whenever required so to do by a committee of either house. They shall also prepare, or cause to be prepared and transmitted at proper times, all reports required of them by the United States laws. (March 5, 1897.) TENNESSEE. [The following matter is taken from the Annotated Code of Tennessee, by R. T. Shannon, Nashville, Tenn., 1896.] SEC. 352. The act of Congress of the United States, * * * approved July 2, 1862, and subsequent acts, * * * and especially all the conditions set forth in the fifth section thereof, and numbered first, second, third, fourth, fifth, and sixth, are accepted by the State of Tennessee upon the conditions prescribed. (Laws of 1865 and 1867-68.) [The act of February 1, 1868, provides for the sale of the land scrip received by the State and for the investment of the proceeds in 6 per cent interest- bearing bonds of the State.] * SEC. 353. The proceeds of the sale of the agricultural scrip appropriated by Con- gress for the establishment of an institution of learning devoted to agricultural and the mechanic- arts are appropriated to the University of Tennessee, upon the restric- tions and conditions mentioned in this article. (Laws of 1868-69 and 1879.) SEC\ 354. The State of Tennessee assents to the conditions of an act of the United States Congress approved March 3 [2], 1887, * * * and authorizes the treasurer of the University of Tennessee to accept any grants of money author- ized by that act in the State o*f Tennessee, and to give his official receipt for the same. (Laws of 1887. ) ' SEC. 355. Said grants of money to Tennessee shall, as a part of the agricultural fund, be committed to the trust res of the University of Tennessee, now in charge of the State experiment station, there to be applied as the said act of Congress directs, and all results and expenditures shall be reported in accordance with the provisions of the act making the grants which are hereby accepted. (Laws of SEC. 356. The State of Tennessee assents to the purpose of the act of the United States Congress approved August 30, 1890, and empowers the treasurer of the University of Tennessee to accept the whole of said grants of money author- ized by the said act to be paid in the State of Tennessee, and to give his official receipt for the same. (Laws of 1^ SEC. 357. Said grants of money to Tennessee shall, as a part of the endowment and support of the college for the benefit of agriculture and the mechanic arts, established by contract of this State with the trustees of the University of Ten- nessee, be committed to the trustees of the said university, in accordance with the requirements of the act of Congress making the grants, to be applied by them as the said act of Congress directs; and all results and expenditures shall be reported in accordance with the provisions of the act making the grants, all of which are hereby assented to and accepted for this State. (Laws of 1891.) S;;c. 358. It shall be the duty of the trustees of said university to establish an agricultural college so as to strictly conform to the Congressional enactment making the appropriation; and the fund hereby appropriated shall be used only according to the terms of the Congressional enactment making the appropriation to the State. ( Laws of 1868-69. ) . 359. As soon as the trustees of said university shall have completed build- ings for the accommodation of 275 students, and shall have furnished the same with appropriate school furniture, and shall have provided suitable lands not less in extent than 200 acres, so that the whole property shall be worth, at a fair estimate of values, not less than $125,000, it shall be lawful for the governor of the State to issue to the trustees of said university the bonds of the State in which the pro- ceeds of the sale of the agricultural scrip have been invested. (Laws of 1868-69.) SEC. 360. The secretary of state shall register the number and denominations of the bonds issued to the trustees of said university, and shall also cause the char- acter of the issue to be indelibly printed upon the bonds, and shall retain a file of said numbers and denominations in his office. (Laws of 1868-69.) SEC. 361. Two hundred and seventy-five students from the State of Tennessee shall at all times be entitled to receive free tuition in said university, the said students to be appointed by the several senators and representatives in the general assembly of the State, each senator being entitled to appoint two and each repre- ED 1903 13 194 EDUCATION EEPOKT, 1903. sentative three students, according to the population of the counties represented by them. (Laws of 1873 and 1879.) SEC. 362. In order to secure more regularity in the appointment of State cadets in the University of Tennessee by senators and representatives, as provided by law, and to secure greater usefulness of their appointments to the State at large, it shall be the duty of the State superintendent, in the month of May in each year, to issue notice to the county and city superintendents of schools throughout the State, requiring them to hold public examinations of candidates for appointment in their respective counties or cities, and giving full and uniform directions with reference to the subject and method of such examinations. (Laws of 1879.) SEC. 363. It shall be the duty of the county and city superintendents, on the receipt of such directions , to give due public notice thereof for not less than ten days , and in the month of June each shall proceed to hold such examination or exami- nations as may be necessary in his county or city, engaging, if necessary, the assist- ance of suitable persons, but without cost to the State; and on the conclusion of such examination, or within ten days thereafter, he shall transmit a list of the qualified candidates in their order of merit, as determined by the examinations, to the State superintendent of public instruction, who shall kesp a roll of the names by counties and cities in his office. (Laws of 1879.) SEC. 364. It shall be the duty of the State superintendent on the receipt of such list from any county or city superintendent to communicate the same to the sen- ators or representatives thereof, with the number of vacancies in such appoint- ments actually existing for the said county or city, which shall be ascertained from the roll of the university, and the said senators and representatives may then proceed to make their appointments from the said lists, notifying the same to the State superintendent, who shall keep a roll thereof in his office and communicate the same to the president of the university. (Laws of 1879.) SEC. 365. If in any county or city the list of qualified candidates should not be sufficient for the appointment as now authorized bylaw, any senator or represent- ative may make his appointment from any other county or city in which there may be a surplus of qualified candidates after the senator and representative or senators and representatives thereof shall have completed their appointments. (Laws of 1879.) SEC. 366. If by the 10th day of August there shall still remain vacancies unfilled by senators or representatives, the president of the university shall be authorized to fill the same from the list of qualified candidates up to the number authorized by law: Provided, That such appointments by the president shall be for one year only, and in making the same preference shall be given to counties and cities whose quota has not been filled and to those persons therein who stood highest in the order of merit. (Laws of 1879. ) SEC. 367. In the event of a vacancy occurring in any of the aforesaid appoint- ments in any county or city in which the list of qualified candidates has been exhausted it shall be the duty of the county or city superintendent, on the written request of any senator or representative of such county or city, to hold such exam- ination as is herein provided for such applicant or applicants as may be recom- mended by the said senator or representative and to proceed therewith in the form and manner herein provided; but nothing herein shall be construed to limit or abridge the right of appointment by senators or representatives as authorized by law. (Laws of 1879.) SEC. 368. The profits arising from crops on the agricultural farm shall be annu- ally applied by the board of trustees toward paying the necessary expenses of stu- dents who are in indigent circumstances; and the trustees are required to carry on a farm under such regulations as they may prescribe, and to require all stu- dents who are physically able to labor on said farm, but not exceeding two hours each day, except in the way of punishment, should the trustees or faculty adopt such system of correction of the pupils. (Laws of 1868-69.) SEC. 369. The governor of the State, the secretary of state, and the State super- intendent of public instruction shall be ex officio members of the board of trustees of said university. (Laws of 1868-69.) SEC. 370. The board of trustees of said university shall deposit with the secre- tary of stats their bond, made payable to the State of Tennessee, with security, approved by the governor of the State and the comptroller of the State, in double the amount of the issue of said bonds to the trustees of said university, said bond to contain all the details of the Congressional enactment making the appropriation, and the legislative enactments accepting the same, and to bind said trustees to carry them into effect, all and singly. (Laws of 1868-69.) SEC. 371. The board of trustees of the university, receiving its foundation and endowments by the munificence of the United States Government and that of the LAWS RELATING TO LAND-GRANT COLLEGES. 195 State of Tennessee, shall always foster, encourage, and inculcate loyalty to both the State and National governments, as well in the general administration of the institution as in the discipline of the pupils; and the university shall not be con- trolled in the interest of any particular sect or religious denomination whatever. (Laws of 1868-69.) SEC. 37.2. The trustees of this institution shall make and submit a report to the governor ten days before the general assembly convenes, giving the number of students, together with a detailed statement of the workings of the institution and of receipts and expenditures, and it shall be transmitted by him, along with his regular message, thereto; and they shall at the same time make secure the bond required by section 370 hereof. (Laws of 1868-69 and 1873.) SEC. 372a. No citizen of this State, otherwise qualified, shall be excluded from the privileges of the university by reason of his race or color, but the accommo- dation and instruction of persons of color shall be separate from the white. (Laws of 1868-69.) SEC. 373. The legislature reserves the right to control and manage said fund by whatever legislation may be deemed necessary for its protection and safety: Pro- vided, No such legislation shall extend to the removal of said fund from the Uni- versity of Tennessee so long as it shall comply with and observe the requirements of the act of Congress donating said fund. (Laws of 1868-69 and 1879.) TEXAS. [The following matter is taken from " Revised civil statutes of the State of Texas, adopted at the regular session of the twenty-fourth legislature, 1895." Austin, Tex., 1895.] ART. 3860. The Agricultural and Mechanical College of Texas, established by an act of the legislature passed April 17. 1871, located in the county of Brazos, and by the constitution made and constituted a branch of the University of Texas, for instruction in agriculture, the mechanical arts, and the natural science connected therewith, shall be managed and controlled as herein provided. ART. 3861. The leading object of this college shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanical arts, in such manner as the legislature may prescribe, in order to promote the liberal and prac- tical education of the industrial classes in the several pursuits and professions in life. ART. 3862 [as amended by act of March 9, 1899]. The government of the Agri- cultural and Mechanical College of Texas shall be vested in a board of eight direct- ors (one of whom shall be the commissioner of agriculture, insurance, statistics, and history, as provided in article 2921, revised civil statutes, and whose tenure of office shall be governed by the act under which he is appointed) , who shall reside in different portions of the State, who shall be appointed by the governor, by and with the advice and consent of the senate. The members of the present board shall continue to exercise their duties until the expiration of their respective terms. ART. 3863 [as amended by act of March 9, 1899] . The board of directors shall be divided into classes, numbered one, two, three, and four, as determined by the governor; shall hold their office two, four, six, and eight years, respectively, from the date of their appointment and until their successors are appointed and qualified. Two members shall be appointed at each session of the legislature to supply the vacancies made by the provisions of this article and in the manner provided for in the preceding article, who shall hold their office for eight years, respectively. ART. 3864. Should a vacancy occur in the said board by the death, resignation, or otherwise of any one of the directors so appointed, the governor shall fill the same by appointment, which shall continue until the term for which he was appointed shall expire. ART. 3865. The governor shall be authorized to call said board together after their appointment, and said board shall at their first meeting elect from their number a president of the board, who shall thereafter be authorized to call said board together for the transaction of business whenever he deems it expedient, and a majority of said board shall constitute a quorum for the transaction of busi- ness. ART. 3866 [as amended by act of March 9, 1899] . Said directors shall serve without compensation, but shall receive their actual expenses incurred in attend- ing the meetings of the board or in the transaction of any business of the college imposed by said board. 196 EDUCATION REPORT, 1903. ART. 3867. The secretary of state shall forward a certificate to each director within ten days after his appointment, notifying him of the fact of such appoint- ment, and should any director so appointed and notified fail for ten days to give notice to the governor of his acceptance, his appointment shall be deemed void and his place filled as in case of vacancy. ART. 3868. There shall be maintained and instructed at said college annually, free of charge to them, three students from each senatorial district in this State, one of whom shall be appointed by the senator of such district, and the other two by the representatives thereof. One-half of said students so appointed shall be compelled to take an agricultural and the other half a mechanical course of study, to be assigned thereto by the president of said college, and in order to pay their expenses the comptroller, on proper vouchers being filed in his office by the direct- ors, is authorized to draw his warrant on the State treasurer against any appro- priation made for that purpose. ART. 3869. The board of directors shall, when necessary, appoint the president and professors of the college, and such other officers as from time to time they may think proper to keep the college in successful operation, and may, from time to time, abolish any office that is in their judgment unnecessary. ART. 3870. Said board shall also from time to time make such by-laws, rules, and regulations for the government of said college as they may deem meet and proper for that purpose, and shall regulate the course of study, the rates of tuition, the manner of performing labor, and the kind of labor to be performed by the students of said college, and shall also prescribe the course of discipline necessary to enforce the faithful discharge of the duties of the professors, officers, and students. ART. 3871. It shall be the duty of the board to have printed for the benefit of the people of the State and officers and students of the said college such by-laws, rules, and regulations as they are authorized by the preceding article to prescribe. ART. 3872. The money arising from the sale of the 180,000 acres of land donated to this State by the United States under the provisions of an act of Congress passed on July 2, 1862, and an amended act of Congress of Jiily 23, 1866, shall constitute a perpetual fund, under the conditions and restrictions imposed by the above- recited acts, for the benefit of said college, and the investment of the same, hereto- fore made in the bonds of the State, shall continue until the legislature shall by law direct it to be invested otherwise in furtherance of the interests of said college and in accordance with the terms on which it was received. ART. 3873. The interest heretofore collected by the State board of education in accordance with the provisions of the act of August 21, 1876, due at the end of the fiscal year of 1876, on the bonds belonging to said Agricultural and Mechanical College and invested in 6 per cent State bonds, shall also constitute a part of the perpetual fund of said college until the legislature shall otherwise provide. ART. 3874. It shall be the duty of the State board of education to collect the semi- annual interest on the bonds mentioned in the two preceding articles as the same becomes due, and place the same in the treasury of the State to the credit of said college fund. ART. 3875. The interest on the bonds which were purchased with the proceeds of the said land scrip, and also the interest on the bonds in which the accrued interest of the said bonds was invested, as heretofore set out in this chapter, is set apart exclusively for the use of said college, and shall be drawn from the treasury by the board of directors on vouchers audited by said board or approved by the governor and attested by the secretary of the board. ART. 3876. On such vouchers being filed with the comptroller, it shall be his duty to draw his warrant on the State treasurer for the same from time to time as the same may be needed to pay the directors, professors, and officers of the college. ART. 3877. The agricultural and mechanical college for the benefit of colored youths, located in Waller County, as established by an act of the legislature approved August 1.4, 1876, shall be under the supervision and control of the board of directors of the agricultural and mechanical college located in Brazos County, and established by an act of the legislature passed April 17, 1871. ART. 3878. The said board of directors shall in all respects have the same pow- ers and perform the same duties in reference to the college named in the preced- ing article as they are clothed with in reference to the agricultural and mechan- ical college located in Brazos County. ART. 3885. The normal school for colored teachers at Prairie View shall be under the control and supervision of the board of directors of the agricultural and mechanical college. (1879.) ART. 3886 [as amended by act of June 6, 1899]. Said board of directors shall 1LAWS RELATING TO LAND-GRANT COLLEGES. 197 admit one student froin each senatorial district, who shall be appointed by the senator representing said district, and one student from each representative dis- trict, who shall be appointed by the member of the legislature representing said district: Prot'id'.'d, That where there are more than one representative in a dis- trict each representative of such district shall appoint one student, said students to 1)6 taken from the colored population of this State, which said students shall not be less than 16 years of age at the time of their admission: Provided, The said school shall hereafter be called and known as " Prairie View State Normal and Industrial College." ART. 3887 [as amended by act of June 6, 1899] . Said board shall appoint a prin- cipal teacher and such assistant teacher or teachers of said school and such other officers of said school as may be necessary, and shall make such rules, by-laws, and regulations for the government of said school as they may deem necessary and proper, and shall regulate the course of study and the manner of performing labor to be performed by the students, and shall provide for the board and lodg- ing and instruction to the students without pecuniary charge to them other than that each student shall be required to pay one-third of the cost of said board, lodging, and instruction quarterly in advance, and said board of directors shall regulate the course of discipline necessary to enforce the faithful discharge of the duties of all officers, teachers, students, and employees of said school, and shall have the same printed and circulated for the benefit of the people of the State and the officers, teachers, students, and employees of said school. ART. 3888. The board of directors may provide for receiving such a number of students of both sexes as in the judgment of said board the school can best accom- modate, and shall require all students admitted to said school to sign a written obligation (in a proper book kept for that purpose) binding said student to teach in the public free schools for the colored population of their respective districts at least one year next after their discharge from the normal school and as much longer than one year as the time of their connection with said normal school shall exceed one year, for which teaching said discharged student shall receive the same rate of compensation allowed other teachers of such schools with like qualifications. ART. 3889. It shall be the duty of the comptroller of public accounts annually to set apart out of the interest accruing from the university fund, appropriated for the support of public free schools, the sum of $6,000 for the support of said normal school and place said fund to the credit of said normal school, and the same may lx drawn by the board of directors on vouchers audited by the board or approved by the governor and attested by the secretary, and on filing such vouchers the comptroller shall draw his warrant on the State treasury for the same from time to time as the s unr may be needed. ART. 3890. The board shall make rules by which students can obtain certificates of qualification as teachers that will entitle them to teach without other or further examination. Laws, isso, chapter 58: Si;< TI< >x 1. The State of Texas does hereby assent to the purposes of said grant [experiment station act of March 2, 1887] and designates the Agricultural and Mechanical College of Texas as such station. (April 3, 1889.) Laws, 1891, chapter 40: SECTION 1. All moneys apportioned to the State of Texas under an act of [August 30, 18901 of the Fifty-first Congress of the United States, * * shall be apportioned between the agricultural and mechanical college and the Prairie View State Normal School on the following basis, to wit: Three-fourths to the agricultural and mechanical college and one-fourth to the Prairie View State Normal School. SEC. 2. L. S. Ross, president of the agricultural and mechanical college, or his successors in office are hereby authorized to receive and receipt for all moneys due and to become due to the agricultural and mechanical college and the Prairie View State Normal School, under the act of Congress aforesaid. Laws, 1899, chapter 10: SECTION 1. The president and board of directors of the Agricultural and Mechanical College of Texas are hereby authorized and directed to employ an expert entomologist, one or more, as may be deemed necessary, whose duty it shall be to devise, if possible, means of destroying the Mexican boll weevil, boll worm, caterpillar, sharpshooter, chinch bug, peach bug, fly and worm, and other insect pests, and to perform the duties of professor of entomology in the Agricultural and Mechanical College of Texas. SEC. 2. The sum of $5,000 is hereby appropriated, out of any money in the State treasury not otherwise appropriated, for the purpose of putting this act into effect. (February 25, 1899.) Laws, 1901, chapter 30: The sum of $2,500 for the first year and $1,800 for the second year is set apart and is hereby appropriated out of the general revenue for the inauguration and maintenance of a four-year college course of classical and 198 EDUCATION REPORT, 1903. scientific studies at the Prarie View State Normal and Industrial College, to which, graduates of the normal course shall be admitted without examination, and to which others may be admitted after having passed a satisfactory examination in the branches comprised in the normal course: Provided, That no State student shall be admitted to the privileges of the said course: And provided further, That the diploma conferred on the completion of the said course shall entitle the holder, without other or further examination, to teach in any of the colored public free schools of the State. (March 28, 1901.) Laws, 1903, chapter 54: SECTION 1. The board of directors of the Agricultural and Mechanical College of Texas is hereby directed and required to establish at and in connection with the said college a school or department for instruction in the theory and practical art of textile and kindred branches of industry, whose main purpose shall be to train students in the theory and practice of cotton manu- facturing in all its branches from the raw cotton to the finished fabric. SEC. 2. The said board of directors is hereby invested with full power and author- ity to erect the buildings, purchase the necessary machinery and equipment, and generally to do and perform all acts necessary to establish and maintain said school or department. SEC. 8. The sum of $50,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the treasury not otherwise appropriated, for the purpose of establishing such school or department. (In effect August 1, 1903.) UTAH. Constitution (1895), article 10: SECTION 1. The legislature shall provide for the establishment and maintenance of a uniform system of public schools, which shall be open to all children of the State and be free from sectarian control. SEC. 2. Tho public school system shall include kindergarten schools; common schools, consisting of primary and grammar grades; high schools; an agricultural college; a university, and such other schools as the legislature may establish. ****** * SEC. 4. The location and establishment by existing law of the University of Utah and the agricultural college are hereby confirmed, and all the rights, immunities, franchises, and endowments heretofore granted or conferred are hereby perpetu- ated unto said university and agricultural college, respectively. SEC. 5. The proceeds of the sale of lands reserved by an act of Congress approved February 21, 1855, for the establishment of the University of Utah and of all the lands granted by an act of Congress approved July 16, 1894, shall constitute per- manent funds, to be safely invested and held by the State; and the income thereof shall be used exclusively for the support and maintenance of the different institu- tions and colleges, respectively, in accordance with the requirements and condi- tions of said acts of Congress. [The following matter is taken from The Revised Statutes of the State of Utah, in force January 1, 1898. Lincoln, Nebr., 1897.] SEC. 2064. Members of the governing board of each State institution shall be appointed by the governor, with the advice and consent of the 1 senate, except as in this title otherwise provided. SEC. 2065. A vacancy in a governing board may occur by the expiration of a term, by death, by lawful removal from office, by the permanent departure of a member thereof from the State, by his incapacity to act, or by his resignation. Such vacancy, other than by the expiration of a term, shall be filled by the gov- ernor for the remainder of the term, with the advice and consent of the Senate if in session. If the senate is not in session the appointment shall be made and shall continue until the next regular session of the senate. Each member of the board shall hold until his successor shall be appointed and shall have qualified. SEC. 2066. No member of the governing board of a State institution nor official or employee of such institution shall ba pecuniarily interested, directly or indi- rectly, in any contract, business, or transaction entered into by or on behalf of the institution. SEC. 2067. All general supplies for every State institution shall be contracted for by the year, except in cases where contracts for certain supplies can not be advan- tageously made. Notice shall be given and contracts let in the manner provided in the two succeeding sections. SEC. 2068. "Whenever the needs of a State institution demand a building to be repaired or erected or any work amounting to more than $200 to b3 done, the gov- LAWS RELATING TO LAND-GRANT COLLEGES. 199 erning board of such institution shall advertise for at least ten days in some news- paper published in this State, and having a general circulation herein, for sealed proposals for repairing or erecting such building or performing such work in accordance with plans and specifications to be had at the office of the board. SEC\ 2070. The proper pro rata of the biennial appropriation of a State institu- tion may be drawn quarterly in advance from the State treasurer on a warrant of the State auditor. Warrants must be drawn by the State auditor in favor of the treasurer of the governing board of the institution. * * * To obtain such war- rants the treasurer of the board * * * must present to the State auditor writ- ten authorization from the board. SEC. 2071. The governing board of each State institution shall make biennially to the governor, on the 1st day of January preceding each regular session of the legislature, a detailed report showing a statement of its important official acts, the growth and condition of the institution, the report of the chief executive officer thereof, a list of officials and their salaries, and an estimate of the cash value of the real and personal property of the institution or of the State in con- nection therewith, together with an inventory of the same. SEC. 2072. At such time, also, each governing board shall furnish to the governor and to the State auditor detailed accounts of its receipts and expenditures during the preceding two years ending December 31, as well as an itemized estimate of the income and requirements of the institution for the coming biennial period. Such accounts and estimates must be countersigned by the chief executive officer of the institution and by the secretary or clerk of the same, if there is one. If such officer or secretary shall fail to so countersign, he shall be liable to a fine of $100. SEC. 2073. The Agricultural College of Utah shall continue as now established [by act of March 8, 1888] and located at Logan, in the county of Cache. SEC. 2074. The leading object of the college shall be to teach branches of learn- ing related to agriculture and the mechanical arts and such other scientific and classical studies as may promote the liberal and practical education of the indus"- trial classes in the several pursuits and professions of life. (March 8, 1888.) SEC. 2075. The government and control of the college shall be vested in a board of seven trustees. Four members of the board shall be appointed to serve for two years and three members for four years, as may be designated by the governor at the time of their appointments, such appointments to be made at the expiration of the respective terms of the present members; thereafter appointments shall be for the term of four years. . 2076. The board shall take charge of the general interests of the institution, and may sue and be sued in all matters concerning it. The board shall have power to enact by-laws and regulations for all concerns of the institution not inconsistent with the laws of the State; and likewise to appoint a president of the faculty, professors, and such other officers and employees as, in its judgment, may be neces- sary, to prescribe their dnt i-.-s. an;l to determine their salaries. Si .< . \?i '7 r. The board shall have kept an accurate record of its proceedings, which shall embrace copies of all contracts entered into, and a minute and accurate record of all expenditures, showing the amount paid, to whom paid, and for what service rendered, and materials purchased, and whether paid on account or in performance of contract: and for all payments made vouchers shall be taken. SEC. 2078. The board shall have the general control and supervision of the col- lege, of the farm pertaining thereto, and of such property as may be vested in the college by law, of all appropriations made by the State for the support of the same, and also of lands or personalty that may hereafter be donated by the State, or by the United States, or by any person or corporation, in trust for the promo- tion of agricultural and industrial pursuits. SEC. 2079. The board shall elect one of its number president, and shall appoint a secretary and a treasurer. SEC. 2080. The trustees and the treasurer shall qualify by taking the constitu- tional oath of office and by giving bonds, with sufficient sureties, to the State of Utah in the penal sum of $1,000 each, conditioned for the faithful performance of the duties of their respective offices. Such bonds must be approved by and delivered to the secretary of state. SEC. 2081. Each trustee shall receive, as his compensation $4 per diem for each meeting of the board at which he shall be present, payable out of any moneys appropriated for the use of the agricultural college, and he shall be allowed for traveling expenses mileage at the rate of 10 cents per mile, for one way only, for the distance necessarily traveled in attending the meetings of the board. SEC. 2082. After the expiration of the terms of the present trustees there shall be allowed to members of the board no compensation for their time or services, 200 EDUCATION REPOET, 1903. bnt their actual and necessary expenses incurred in the performance of their official duties, the account for which shall be verified on oath, shall be paid by the State treasurer on the warrant of the State auditor, out of any money in the treasury not otherwise appropriated. SEC. 2083. The board shall establish in the college an adequate number of professorships of the sciences related to agriculture and the mechanical arts. Such professorships shall be filled by able and competent professors, aided by such assistants, tutors, and other instructors as shall from time to time be necessary. SEC. 2084. The president of the trustees, the professors, and such assistants as may be designated by the board shall constitute the faculty of the college. The titles of such assistants shall be determined by the board. The president of the faculty shall be ex officio a member of the State board of education. SEC. 2085. Any professor, instructor, officer, or employee of the college shall be removable at the pleasure of the board. SEC. 2086. In the appointments of professors, instructors, and other officers and assistants of said college, and in prescribing the studies and exercises thereof, and in every part of the management and government thereof, no partiality or pref- erence shall be shown by the board to one sect or religious denomination over another, nor shall anything sectarian be taught therein. Persons engaged in conducting, governing, managing, or controlling the college in any of its parts and its studies and exercises shall faithfully and impartially carry out the provisions of this section for the common good. SEC. 2087. The course of instruction shall embrace the English language and literature, mathematics, engineering, agricultural chemistry, animal and vege- table anatomy and physiology, the veterinary art, entomology, geology, and such other natural sciences as may be prescribed, technology, political, rural, and household economy, horticulture, moral philosophy, history, bookkeeping, and especially the application of science and the mechanical arts to practical agriculture. SEC. 2088. A full course of study in the institution shall be of not less than four years. The board may institute a winter course of lectures for others than students of the institution, under necessary rules and regulations. SEC. 2089. The academical year shall consist of not less than nine calendar months, and it may be divided into such terms by the board as in its judgment will best secure the objects for which the college was founded. SEC. 2090. No student shall be admitted to the institution who shall not have attained the age of 15 years and who shall not have passed a satisfactory examina- tion in arithmetic, geography, grammar, reading, spelling, and penmanship. SEC. 2091. The board of trustees shall, with the advice of the faculty, prescribe the books to be used in the institution and confer for similar or equal attainments degrees and testimonials similar to those conferred by agricultural colleges else- where. SEC. 2092. In connection with the college there shall be established an agricul- tural experiment station to conduct original researches into the physiology of plants and animals; the diseases to which they may be severally subject, with the remedies therefor; the chemical compositions of useful plants at different stages of growth; the comparative advantages of rotative croppings as pursued under a varying series of crops; the capacities of new plants or trees for acclimation in the State; the analysis of soils and waters; the chemical compositions of manures, natural and artificial, with experiments designed to test their comparative effects on crops of different kinds; the adaptation and values of grasses and forage plants; the compositions and digestibility of the different kinds of feed for domestic ani- mals; the scientific and economic questions involved in the production of butter and cheese; the best methods of irrigation, with experiments designed to show the amount of water and number of waterings needed on different soils to produce the most abundant crops, and such other researches and experiments as bear directly on the agricultural industry of the State of Utah. The agricultural station shall be conducted in accordance with the provisions of an act of Congress passed March 2, 1887. * * * SEC. 2093. The board shall take charge of the agricultural experiment station, purchase suitable lands, erect needed buildings, and appoint necessary officers and assistants to conduct the experiments mentioned in section 2092. It shall cause bulletins and reports of the work at such station to be published and mailed, as required in the act of Congress aforementioned. SEC. 2094. The governor is hereby authorized to make application to the Secre- tary of the Treasury to obtain any appropriation made by Congress in pursuance of the act above mentioned or of other acts supplementary thereto. Whenever the college and agricultural experiment station shall be entitled to any money LAWS RELATING TO LAND-GRANT COLLEGES. 201 Tinder the aforesaid or a similar act, the board of trustees shall execute and file with the Secretary of the Treasury an agreement to expend the money received for the sole and exclusive purpose expressed in such act and in the manner therein directed and to maintain a farm of at least 25 acres in connection with the agricultural college. The board shall also execute and file with the said Secretary its bond, in the penal sum of $15,000, with two sufficient sureties approved by the State auditor, conditioned for the faithful performance of the agreement. SEC-. 2095. The board of trustees, with the advice of the faculty of the college, are hereby authorized and required to hold institutes for the instruction of the citizens of the State in various branches of agriculture. Such an institute shall be held in each county at least once during each school year and at a particular time and place designated by the board and faculty. The board shall make rules and regulations for organizing and conducting the institutes, and it may employ an agent or agents to perform the requisite work in connection with the faculty of the college. Courses of instruction at the institutes shall be so arranged as to present to those in attendance the results of the most recent investigations in theoretical and practical agriculture Si:< . 2<>t)<>. It shall be the duty of tnose conducting institutes to encourage and assist in the organization of local agricultural societies. At the close of each season's institute work the board shall cause to be published in book or pa phlet form, for free distribution to the farmers of the State, an annual report of such work and of the leading papers presented to and of the discussions at the institute meetings of the State. SEC. 2097. It shall be the duty of the professor in charge of the dairy depart- ment of the college to visit and inspect as many as possible of the cheese and but- ter factories of the State each year and make a report thereof, to be printed as provided in section 2<> ( .M5. SKC. 2098. For the institute purposes here mentioned the board may use such stun as it may deem proper, not exceeding $1,500 in any one year, and this amount is hereby annually appropriated for that purpose out of any money in the State treasury not otherwise appropriated. Laws, 1899, chapter 29: SK<-. 15. It shall lx> the duty of the Utah Art Institute, through its art lectureship committee, to prepare annually a course of lectures on subjects of art, which shall be delivered in whole or in part before the students of the agricultural college. * It shall be the duty of the art lectureship committee to advise with officers of State educational institutions and superin- tendents of public schools as 1*. courses in drawing, design, and art, with a viewto creating a stronger art influence in State educational institutions. (March 9, 1899.) Laws, 1M99, chapter 75: SIMTION 1. The object of this act is the establishment and maintenance of a regular winter course of studies for students at the Agri- cultural C \tllege of Utah, which course shall include studies relating to agricul- ture and mechanical arts and such other scientific and classical studies as the board of trustees and faculty may pivsrribe, and the board of trustees is hereby empowered and directed t;> establish such course. SEC. 2. The special year of this course shall consist of five calendar months, beginning on or about November 1 of each year. (March 16, 1899.) Laws, I9u:j. chapter 41: SECTION 1. In order to investigate and demonstrate the conditions under which useful plants may be grown on the dry or arid or non- irrigated lands of the State of Utah, and to determine the kind of plants best adapted for growth on these lands, there shall be established five experimental farms or as many more as may be maintained by the appropriation designated in section 7. SEC ( . 2. It shall be the duty of those having said experimental farms in charge ure seeds from this and other countries of the world of plants that are thought suitable for growth on dry lands, and to observe and record the growth, yield, and composition of the plants grown from seed so secured; to investigate and determine the methods of soil treatment by which the soil water is best con- served; to investigate the possibilities of grazing on dry lands which have been s-e.ded to different crops, and to undertake such other experiments and demonstra- tions as may be deemed advisable, having in view the reclamation of the dry or arid lands of the State. SEC. 3. Not more than one of said experimental farms shall be located in one county. The said experimental farms shall be located in districts where there are large areas of dry land that may not in the near future be brought under irri- gation, and tlie locations of said experimental farms shall be selected under the direction of the board of trustees of the Agricultural College of Utah. SEC. 4. The actual work of experimentation and demonstration on said experi- 202 EDUCATION REPOKT, 1903. mental f arms shall be under the direction of the agricultural experiment station of the State agricultural college. The officers of the said State experiment sta- tion, after having made selection of the location of the said experimental farms, are hereby authorized and required to proceed to carry out the provisions of this act. SEC. 5. The State experiment station shall prepare and publish, or cause to be prepared and published, full and complete annual reports of the work accomplished on said experimental farms; an edition of not less than 6,000 copies shall be pub- lished annually and distributed free of charge to all State and county officials, newspapers, and interested citizens. SEC. 6. These experimental farms shall be maintained for a period of not less than five years from the date of the passage of this act. SEC. 7. For the purpose of carrying out the provisions of this act the sum of $12,500 is hereby appropriated from any moneys in the State treasury not other- wise appropriated, and the State auditor shall draw his warrant on the State treasurer upon request in writing by the secretary of the board of trustees of the Agricultural College of Utah. SEC. 8. Whenever the trustees of the agricultural college desire to establish an experimental farm in any county, they shall, as a condition precedent, apply to the commissioners of such county to provide them with the gratuitous use of the required lands for the time needed, and upon the commissioners furnishing a requisite lease on suitable land the said trustees may establish such farm. (March 6, 1903.) VERMONT. Acts and Resolves, 1862, joint resolution No. 46: The State of Vermont does hereby accept the benefits of an act passed by the Senate and House of Repre- sentatives of the United States of America in Congress assembled entitled "An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts, " approved July 2, 1862, and will observe and comply with all the requirements of said act. (October 29, 1862.) Acts and Resolves, 1862, public act No. 17: SECTION 1. Homer E. Royce * and John B. Page ' ' are hereby appointed agents in the name and behalf of the State of Vermont to 'obtain and receive from the United States Govern- ment all land scrip to which said State may become entitled under an act of the Congress of the United States approved July 2, 1862. * * * SEC. 2. The aforesaid agents are hereby authorized and required to make such examination of the public lands as are subject to private entry, and procure such information in relation to the same as they may judge will be useful in the dis- posal and location of the scrip mentioned in the first section of this act, and they are authorized to sell or assign the same, or any part thereof, upon such terms and conditions as they shall deem will be most advantageous to this State: Pro- vided, The governor of the State shall approve of all such sales or assignments. SEC. 3. The agents appointed by this act shall hold their appointment for one year and until their successors shall be appointed, and before entering upon the duties of their appointment each shall give his bond with good and sufficient surety or sureties to the State of Vermont in the sum of $50,000, the said bond to be approved by the governor and deposited with the secretary of state, and to be in such form as he shall direct and conditioned for the return to the treasury of the State of all scrip, money, or other securities obtained or received for the bene- fit of this State and for the faithful performance of all the duties of their office. SEC. 4. Said agents shall make an annual report to the governor of the State of all their doings under this act. SEC. 5. The governor of the State is hereby authorized to receive proposals for such donations of land, buildings, and funds as may be tendered from any part of the State, or from any person or persons, for the purpose of establishing a college according to the provisions of the act of Congress heretofore mentioned, and report the same to the next legislature. ******* SEC. 7. All moneys derived from the sale of said lands or scrip mentioned in section 2 of this act shall be invested by the treasurer of the State in safe stocks yielding not less than 5 per cent upon the par value of said stocks, and the interest of the fund created by said stocks shall be appropriated for the purposes declared LAWS RELATING TO LAND-GRANT COLLEGES. 203 in the said act of Congress: Provided, That said investments shall always be made with the approval of the governor of the State. (December 1. 1862.) Acts and Resolves, 1864, public act No. 96: SECTION 1. Justin S. Morrill [and 13 others named] , their associates and successors, are hereby constituted a body corporate by the name of the Vermont Agricultural College, the leading object of which shall be, without excluding other scientific and classical studies and includ- ing military tactics, to teach such branches of learning as are related to agricul- ture and the mechanic arts in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life. ******* SEC. 8. When the said college shall have been organized, located, and estab- lished, as and for the purposes specified in this act, there shall be appropriated and paid to its treasurer each year, on the warrant of the governor, the annual interest or income which may be received from the fund created under and by virtue of the act of Congress [of July 2, 1862J named in the seventh section of this act and the laws of this State accepting the provisions thereof and relating to the same. (November 22, 1864.) Acts and Resolves, 1865, public act No. 83: SECTION 1. The University of Ver- mont and the Vermont Agricultural College, with such other corporations as may hereafter become united therewith, are hereby united and constituted a body cor- porate by the name of the " University of Vermont and State Agricultural Col- lege," for the purpose of carrying out the objects contemplated in their respective charters, and as such shall be and remain a body corporate forever, and as such may hold and convey real and personal estate, have a common seal, and have all the rights and powers incident to corporations. SEC. 2. Each of the two institutions hereby united shall, on or before Decem- ber 15 next, elect by ballot nine of their number, who, with their successors, shall thereafter constitute its board of trustees and likewise constitute a part of the board of trustees of the corporation hereby created, and the nine trustees of the said agricultural college so elected shall be divided by lot into three classes: The first class, consisting of three members, shall vacate their office at the end of two years from their election; the second class, consisting of three members, shall vacate their office at the end of four years from the time of their election, and the third class, consisting of three members, shall vacate their office at the end of six years from the time of their election; and it shall be the duty of the legislature, at its session next preceding the time of the expiration of the terms of office of said trustees, to elect persons to supply such vacancies, whose terms of office shall continue six years, and it shall be the duty of the said nine trustees of the Uni- versity of Vermont to elect successors to fill any vacancy which may occur among 4-heir number, and all the trustees so elected as is hereinbefore provided shall, Jogether with his excellency the governor of the State, and the president, wh.o Tiall be ex officio a member, constitute an entire board of trustees of the corpora- tion hereby created, who shall have the entire management and control of its property and affairs, and in all things relating thereto except in the elections to fill vacancies, as aforesaid, shall act together jointly as one entire board of trustees: Provided, That all future elections or appointments to said board of trustees shall be made with special reference to preventing any religious denominational pre- ponderance in said board. SEC. 3. Said board of trustees, a majority of whom may constitute a quorum for the transaction of business, may confer such honors and degrees as are usually given in colleges and universities and any other appropriate degrees, and may from time to time, as occasion may require, elect a president, also a secretary, treasurer, librarian, professors, instructors, and any other necessary officers, and prescribe their duties, salaries, and term of office, and may make all necessary by-laws and regulations for the government of themselves and others connected with the institution not inconsistent with the provisions of this act, and therein prescribe the terms of admission, rates of tuition, modes of study, and course of instruction, including any proper regulations for uniform, discipline, and military drill, as well as for experimental and practical instruction in the different branches of agricultural labor. SF.C. 4. Said board of trustees shall have the right to use, control, sell, or dispose of all the real estate and personal property now belonging to the University of Vermont, and belonging to any other institution at the time of its union, if such union shall be made with this corporation agreeably to this act, subject, however, to the payment of any debts of such institutions existing at the time of such union, and subject to any trusts, duties, and obligations connected therewith, and shall be entitled to receive and use, for the purposes aforesaid, the rents and uses of 204 EDUCATION KEPORT, 1903. any of the aforesaid lands, including the rents and uses of all such lands as have been heretofore reserved in any charter of land in this State for the use and benefit of any college, and may have the same rights in respect to said lands, and to any leases of the same, and to any rents arising therefrom that said institutions respectively now have, and may maintain suits in their own name, or in the name of such new corporation, to recover the same: Provided, That the right of all parties shall remain and the same defenses shall be had to such suits as if the same were brought in the name and as between the said original parties; and the corporation hereby created shall at all times assume, discharge, and perform all the debts, duties, trusts, and obligations which said several institutions were subject to at the time they became united in said new corporation by virtue of this act. SEC. 5. There shall at all times be maintained in the institution hereby cre- ated such instruction in the various branches of learning as is contemplated in the several charters of each of the institutions hereby united, and more particu- larly including a four years' course of studies similar to such as are generally taught in other colleges, and not inferior to that recently taught in said Univer- sity of Vermont, and in addition to that which is usually taught in other colleges the instruction in this institution shall include such enlarged facilities and extended scope and variety in the study of those branches which relate to mili- tary tactics, agriculture, and the mechanic arts as shall render the whole instruc- tion in conformity with said act of Congress, as well as with the several charters aforesaid. SEC. 6. Said trustees may, in their discretion, obtain by gift, grant, or other- wise, a tract of land which together with the land now owned by the University of Vermont shall amount to at least 100 acres, to be used as an experimental farm whereon they may make any desirable experiments in the breeding of stock, field culture, the analysis and adaptation of soils, and horticultural and botanical gardening, or either of them, as they may deem proper; and also for the purpose of military encampment, target firing, drill, and review; and said trustees may use, lease, or dispose of the same, as they may think proper, so as best to promote the objects of the institutions. And in case said land shall be procured, as aforesaid, a sum not to exceed one- tenth of the money which has been received by the State treasurer for the sale of land scrip, in pursuance of the act of Congress authorizing the same, shall be paid to said board of trustees for the purposes aforesaid: Provided, That no agricul- tural labor shall be required of students except by their voluntary agreement or consent. SEC. 7. Whenever this corporation shall have been duly organized there shall be appropriated and paid to its treasurer annually, for the purpose herein men- tioned, on the warrant of the governor, the interest or the income which may be received from the fund created under and by virtue of the act of Congress. SEC. 8. The corporation hereby created shall make annual reports to the legis- lature of this State of their condition, financially and otherwise, and make and distribute the reports required by the act of Congress herein referred to; and the legislature may annually appoint a board of visitors, who may annually examine the affairs of said corporation. SEC. 9. The permanent location of the institution hereby created shall be in Burlington, in said State of Vermont, and the first meeting of the board of trustees shall be there held on November 15 next, at 7 o'clock p. m., or if such meeting shall not be held at that time it shall be held at such other time and place as the governor of this State may appoint, seasonable notice of said appointment having been first given to each of the trustees or corporators of the Vermont Uni- versity and Vermont Agricultural College. SEC. 10. The president and fellows of Middlebury College and the Norwich Uni- versity, or either of them, may hereafter, with the assent and concurrence by vote of a majority of each of the nine trustees elected as aforesaid, and their successors, become incorporated and united with the corporation hereby created by vote of their said corporations at any meeting legally warned and holden, and by leaving for record in the ofiice of the secretary of the State a true and attested copy of such vote or 7otes, and of all the proceedings of the meeting or meetings at which the votes aforesaid were passed, and causing the same to be recorded in said office. SEC. 11. If at any time the corporation hereby created shall fail substantially to carry out the provisions and requirements of this act, the supreme court of this State may, at any stated session thereof, having first given due notice to said cor- poration, annul and vacate this charter, and in such case, or in case said corpora- tion shall otherwise be dissolved, said supreme court may, on application, order and decree that the income thereafter to be derived from the proceeds of the sale of said land scrip, in the hands of the State treasurer as aforesaid, together with LAWS RELATING TO LAND-GRANT COLLEGES. 205 such amount as may have been paid over by said treasurer f r the purpose of an experimental farm, 'shall revert to said Vermo-it Agricultural College, and all the other property and effects which at the time of said union belonged to said other institution shall revert to and be the property of th? other institution or institu- tions which shall have been united and incorporated by or in pursuance of this act, and in caee more than one such other institution shall have been thus united, such other property shall revert to them separately, such specific property to each, as said court shall adjudge and decree, having reference in making such decree to what was originally owned or contributed by each: Provided, That in respect to any property or funds hereafter acquired by said new corporation, by gift, grant, bequest, or otherwise, the same shall be awarded and distributed to each of the institutions hereby incorporated or hereafter united, in such manner as said court shall deem just and equitable, having reference to the manner the same was acquired, and to any specific trusts or expressed intention of any donors made at the time the same was acquired. And for the purposes aforesaid, as well as for all other purposes, the said several corporations which shall have been united by virtue of this act shall be deemed anl treated as having continued in life, and the several trustees which shall have been elected by each at the time they were united, and their successors, shall be deemed and treated to have been, since the time of their elections, the trustees of their respective institutions as well as trustees of the united corporation, and, as such trustees, may receive the property and effects which may revert to their respective corporations by such decree of court, and they and their successors whom they may thereafter appoint may continue and manage the affairs of their respective corporations thereafter in the same manner as the trustees of each might have done before they were united as aforesaid. Si-.c. 12. This act shall take effect whenever the two corporations hereby united shall, at a meeting duly warned, vote to accept the same and to surrender and relinquish to the corporation hereby created all the property belonging to them, whether real or personal, and all the rents, profits, and income therefrom arising, including said proceeds from the sale of said land scrip, for the purpose and sub- ject to all the rights, trusts, and conditions as in this act provided; and it shall be the duty of each of said corporations to cause a copy of the record of such votes, duly certified by the secretaries of their respective corporations, to be left for record and duly recorded in the office of the secretary of state; whereupon, by virtue of snch votes, such property, rents, profits, and income shall become the property of the corporation hereby created for the purposes and subject to the rights, trusts, and conditions aforesaid, and said property, and the property here- after acquired by the corporation hereby created, shall be subject to all the con- ditions, immunities, and exemptions now pertaining to the property held by said University of Vermont. (November 9, 1865.) Acts anil Resolves, 1866, public act No. 97: SECTION 1. The treasurer of the State is hereby directed to pay to the treasurer of the corporation of the University of Vermont and State Agricultural College, semiannually. on the 1st day of Decem- ber and the 1st day of June, on the warrant of the auditor, countersigned by the governor, for the purpose mentioned in the act [of November 9, 1865, above] of which this is an amendment, the interest or income which may be received from the fund created under and by virtue of the act of Congress referred to in the said act of incorporation. (November 15, 1866.) Acts and Resolves, 1878, public act No. 50: SECTION 1. Any ten or more male citizens of this State who shall claim that the University of Vermont and State Agricultural College has failed to carry out the provisions and requirements of its charter may commence proceedings to have the same inquired into and determined by the supreme court, by a written complaint addressed to the supreme court, which complaint shall be verified by the oath of one of said complainants, and said complainants shall enter a recognizance for the payment of costs to the defendant corporation in case costs shall be adjudged on failure of prosecution. Said com- plaint shall set forth substantially the particulars in which such alleged failure on the part of said corporation consists, which complaint may be presented to the supreme court whenever in session or to any judge of the supreme court at any time, which said court or judge may make all proper orders for the giving of notice of such complaint to said corporation; for the making of answer to such com- plaint; for taking the testimony, by deposition or otherwise; for the time and place of hearing the cause, and for all other matters necessary to bring such cause to issue, hearing, and determination in the supreme court at the earliest practi- cable day. SEC. 2. Such judge or court may make such complaint returnable to any term of the supreme court, wherever sitting, and the court may transfer said cause 206 EDUCATION REPORT, 1903. from county to county for the purpose of securing a more speedy hearing and determination thereof. SEC. 3. The court in such case may make all necessary and proper orders for per- fecting and carrying out its judgments and orders and may enforce its orders by execution and by process for contempt, and all questions of costs shall be in the discretion of the court. (November 20, 1878.) Acts and Resolves, 1886, public act No. 73: SECTION 1. For the promotion of scientific and practical agriculture and for preventing frauds and adulterations in commercial fertilizers, foods, feeding stuffs, seeds, and commercial products there is hereby established a State agricultural experiment station in connection with and under the control of the University of Vermont and State Agricultural Col- lege. (November 24, 1886.) Acts and Resolves, 1888, No. 260: SECTION 1. In pursuance of the objects set forth in the charter of the University of Vermont and State Agricultural College the auditor of accounts is hereby authorized and directed to draw his order on the State treasurer in favor of the treasurer of said University of Vermont and State Agricultural College (upon the warrant of the governor) semiannually on the 1st days of December and June [for] the sum of $3,200 [$3,000?] for the period of four years from December 1, 1888, at which date said first semiannual payment shall be made, until December 1, 1892, inclusive (of which sum of $6,000 per annum, the sum of $3,600 shall) be expended by the said the Uni verity of Vermont and State Agricultural College (in providing competent instruction in said institution in branches of learning related to the industrial arts, and the sum of $2,400) in paying the tuition and incidental college charges of 30 students therein, one of whom shall be designated and appointed by each senator in the general assembly, such appoint- ment to be made by such senator from his respective county, provided any suit- able candidate shall apply therefor; otherwise, from any county in the State, and all vacancies in such appointments shall be filled by the senator who made the appointment vacated, or by his successor in office; said appointments to be made in the month of June preceding the commencement of the college course of the student so appointed, and whenever any such vacancy shall occur. * * * SEC. 2. Whenever any senator from any county shall fail to make an original appointment or to fill any vacancy among such appointed students which he is authorized to make or fill by section 1 of this act, after one month's notice of his right so to do from the president of said University of Vermont and State Agri- cultural College, the trustees of that institution may make such appointment or fill such vacancy by appointment from that county if there are any applicants therefrom who shall pass the examination required by the rules of said institu- tion, and if not, then from any county in the State. (November 27, 1888.) Acts and Resolves, 1888, No. 162: The assent of the general assembly of the State of Vermont be, and hereby is, given to the purposes of the grants made in said act [of Congress of March 2, 1887] , and the action hitherto taken by the trustees of the University of Vermont and State Agricultural College in organizing and conducting an agricultural experiment station in connection with the said Uni- versity of Vermont and State Agricultural College is hereby ratified and con- firmed, and the said trustees are hereby authorized to continue to conduct the said agricultural experiment station in accordance with the terms and conditions expressed in the act of Congress aforesaid. Acts and Resolves, 1890, No. 78: SECTION 1. The assent of the general assembly of the State of Vermont be, and hereby is, given to the purposes of the grants of moneys authorized by said act of Congress approved August 30, 1890. (Novem- ber 19, 1890.) Acts and Resolves, 1892, No. 25: SECTION 1. [Repeats practically the provisions of section 1 of the act of November 27, 1888, appropriating $6, 000 per annum to the University of Vermont and State Agricultural College.] * * * * * # * SEC. 4. Senators from any county shall in their appointment of candidates for scholarships in the University of Vermont and State Agricultural College give preference to candidates for the agricultural and industrial department; but if, at any time, there are not thirty suitable applicants for said department, then said senators may appoint to any other department of said college. (November 4, 1892.) Acts and Resolves, 1898, No. 31: SECTION 1. All appointments of students here- tofore made and designated by the senators in the general assembly * * * shall expire in June, 1899. SEC. 2. Each senator in the general assembly shall biennially designate and appoint one student to [the University of Vermont and State Agricultural Col- lege] , and the scholarship thus created shall be for the period of two years. Vacan- LAWS EELATING TO LAND-GKANT COLLEGES. 207 cies in sucli scholarships shall be filled by the senators who made the appointment vacated, or by his successor in office. SEC. 3. If any senator shall have failed to appoint to said scholarship before the beginning of the school year next following the expiration of the appointment made by his predecessor, after notice by the officers of said institution of such expiration and vacancy, the officers of said institution are authorized to designate and appoint a student to such scholarship. (November 21, 1898.) VIRGINIA. [The following matter is taken from The Code of Virginia, 1887 (Richmond, Va., 1887), and the Supplement to the Code of Virginia, 1898 (Richmond, Va., 1898).] SEC. 1586. The general assembly having accepted the donation of lands prof- fered to Virginia by the act of Congress of July 2, 1862, with the conditions and provisions therein contained, and the authorities of the State having received from the Government of the United States the land scrip she was entitled to set apart and to constitute an education fund, the annual interest whereof was to be apportioned as follows, that is to say, one-third thereof to the Hampton Nor- mal and Agricultural Institute and two-thirds thereof to the Preston and Olin Institute on certain conditions in said act of March 19, 1872, named, one of which was that the name of the said Preston and Olin Institute should be changed to the Virginia Agricultural and Mechanical College, which has been done accord- ingly; and the general assembly having, by act of February 26, 1877, directed the bonds aforesaid to be turned over to the second auditor, who was required in lieu of the same to substitute a statement prepared and signed in duplicate by the treasurer and countersigned by the second auditor showing the number, size, and character of said bonds, with the amount of interest due on them severally, which statement was to have all the validity and force of the bonds themselves, and that the accruing interest should be paid in accordance with the acts already referred to. all of which has been done, all of said acts and the proceedings of the State officers thereunder are recognized as valid and binding. And it being deemed advisable to add to the name of the said college the words " and Poly technic Insti- tute," so that said college shall hereafter be known as the Virginia Agricultural and Mechanical College and Polytechnic Institute, it is enacted that the annual accruing interest as aforesaid shall continue to be paid until otherwise provided by law as follows, that is to say: One-third thereof to the Hampton Normal and Agricultural Institute, in the county of Elizabeth City, and two-thirds to the board of visitors of the Virginia Agricultural and Mechanical College and Poly- technic Institute, in the county of Montgomery, on the conditions prescribed as aforesaid. (1871-72, 1872-7;*, 1805-96.) Si-v. 1-")S7. A number of students equal to twice the number of members of the house of delegates, to be apportioned in the same manner, shall have the privilege of attending said college without charge for tuition, use of laboratories, or public buildings, to be selected by the school trustees of the respective counties, cities, and election districts for said delegates, with reference to the highest proficiency and good character, from the white male students of the free schools of their respective counties, cities, and election districts, or, in their discretion, from oth- ers than those attending said free schools. (1877-78.) SEC. 1588. If at any time the said annuity should be withdrawn from the said college, the property, real and personal, conveyed and appropriated to its use and benefit by the trustees of the Preston and Olin Institute and by the county of Montgomery shall revert to the said trustees and to the said county, respectively, from which it was conveyed and appropriated. (1871-72.) SEC. 1589. The curriculum of the said college shall embrace such branches of learning as relate to agriculture and the mechanic arts, without excluding other scientific and classical studies, and including military tactics. (1871-72.) SEC. 1590. The said students, privileged to attend the college without charge for tuition, use of laboratories, or public buildings, shall continue to be selected for the period of two years: Provided, That, on the recommendation of the faculty of the said college for more than ordinary diligence and proficiency, any student so selected may be continued by the said board of visitors for a longer period. (187.1-73.) 208 EDUCATION EEPOBT, 1903. SEC. 1591. The governor, by and with the advice and consent of the senate, shall appoint eight persons, from farmers, mechanics, and graduates of said college, as visitors of said college, selecting, if practicable, two from each of the four grand divi- sions of the State. Their term of office shall be for four years. The present division into two classes, designated as the first class and second class, each com- posed of four visitors, shall continue, and when and as the terms of office of the present members of each class shall expire the governor shall then and annually thereafter, by and with the advice and consent of the senate, appoint successors to those whose terms have expired. If a vacancy occur during the recess of the general assembly, the governor shall fill it by appointment for the unexpired term of the late incumbent, subject to the ratification of the senate at the next session of the general assembly. The eight persons so appointed, together with the super- intendent of public instruction, who shall be ex officio member, shall constitute the board of visitors. (1879-80, 1889-90, 1891-92.) SEC. 1592. The said corporation shall be and remain a corporation under the name and style of the board of visitors of the Virginia Agricultural and Mechan- ical College and Polytechnic Institute, and shall at all times be under the control of the general assembly. All acts and parts of acts relating to the Virginia Agri- cultural and Mechanical College or to the board of visitors of the Virginia Agricul- tural and Mechanical College shall be construed as relating to the Virginia Agri- cultural and Mechanical College and Polytechnic Institute or the board of visitors of the Virginia Agricultural and Mechanical College and Polytechnic Institute. (1872-73, 1895-96.) SEC. 1593. The board of visitors shall appoint from their own body a rector, who shall preside at their meetings, and, in his absence, a president pro tempore. They shall also appoint a clerk to the board. A majority of the board shall con- stitute a quorum. (1871-72.) SEC. 1594. If any visitor fails to perform the duties of his office for one year, without good cause shown to the board, the said board shall, at the next meeting after the end of such year, cause the fact of such failure to be recorded in the minutes of their proceedings, and certify the same to the governor, and the office of such visitor shall thereupon be vacant. If so many of such visitors fail to per- form their duties that a quorum thereof do not attend for a year, upon a certifi- cate thereof being made to the governor by the rector or any member of the board, or by the chairman of the faculty, the offices of all the visitors failing to attend shall be vacant. ( 1871-72. ) SEC. 1595. The said board shall meet at Blacksburg, in the county of Montgom- ery, at least once a year, and at such other times or places as they shall determine, the days of meeting to be fixed by them. Special meetings of the board may be called by the governor, the rector, or any three members. In either of said cases notice of the time and place of meeting shall be given to every other member. (1871-72.) SEC. 1596. The said board shall be charged with the care and preservation of the property belonging to the college. They shall appoint as many professors as they deem proper, and, with the assent of two-thirds of the members of the board, may remove any professor or other officer of the college. They shall prescribe the duties of each professor and the course and mode of instruction. They shall appoint a president of the college, and may employ such agents or servants as may be necessary; they shall regulate the government and discipline of the students; and generally, in respect to the government of the college, may make such regu- lations as they deem expedient, not contrary to law. Such reasonable expenses as the visitors may incur in the discharge of their duties shall be paid out of the funds of the college. (1871-72, 1879-80. ) SEC. 1597. Each professor shall receive a stated salary, to be fixed by the board of visitors, and the board shall fix the fees to be charged for tuition of students other than those allowed under this chapter to attend the college free of tuition, which shall be a credit to the fund of the college. ( 1871-72. ) SEC. 1598. A portion of the fund [received under the act of July 2, 1862], not exceeding 10 per cent of the proportion assigned to the said college and the said institute may be expended, in the discretion of the boards of visitors of the said institutions, respectively, in the purchase of lands for experimental farms for each of them; and a portion of the accruing interest may be, from time to time, expended by the respective boards in the purchase of laboratories suitable and appropriate for the said institutions. (1871-72.) SEC. 1599. The agricultural experimental station established at the said college shall be continued, the same to be maintained by such appropriations as the Con- gress of the United States may make for the purpose. (1885-86.) SEC. 1600. The board shall require the treasurer, or officer in whose hands the LAWS KELATING TO LAND-GRANT COLLEGES. 209 funds of the college may be placed, to give bond in double the amount of the annual income of the college, payable to the Commonwealth, with condition for the faithful discharge of the duties of his office, which bond, being approved by the board and entered at large on its journal, shall be transmitted to the auditor of public accounts and remain filed in his office. (1872-73.) SEC. 1601. It shall be lawful for the board to accept the subscription of any county made under an act to authorize subscriptions in aid of the said college, approved March 21, 1872, and also the donation of any individual in aid of the purposes and objects of said college; and such donations and subscriptions, when made, shall be held by said board in trust for the benefit of said college, on con- dition that the same shall revert to the several donors or subscribers, pari passu, if at any time the State of Virginia should withdraw from the use of the said col- lege the interest accruing on the proceeds of the land scrip, as provided in this chapter. (1871-72.) SEC. 1602. The said appropriation to the Hampton Normal and Agricultural Institute is upon condition that the trustees thereof shall continue to maintain and support therein one or more schools or departments wherein the leading object shall be instruction in such branches of learning as relate especially to agri- culture, the mechanic arts, and military tactics. On January 1, 1889, and on Jan- nary 1 in every fourth year thereafter, the governor shall appoint six persons, citi- zens of the Commonwealth, three of whom shall be of African descent, as curators of the fund appropriated as aforesaid to the said institute. The present curators, unless sooner removed, shall continue in office until January 1, 1889. SEC. 1603. The trustees of said institute may select not less than 100 students, with reference to their character and proficiency, from the colored free schools of the State, who shall have the privilege of attending the said institute on the same terms that State students are allowed to attend the agricultural and mechanical college, under section 1590. (1871-72.) SEC. 1604. The curators of the said institute shall appoint a treasurer, who may be allowed a reasonable compensation, and who shall be required to enter into bond, payable to the Commonwealth, in a penalty at least double the amount of the annual income which may arise from the proceeds of the land scrip appor- tioned to said institute, and with condition for the faithful discharge of the duties of his office. (1872-73.) SEC. 1605. The board of education shall pay and turn over to the said treasurer for the said institute and to the board of visitors of the Virginia Agricultural and Mechanical College all funds received by them for the use and benefit of said institutions, respectively; and the second auditor shall draw on the public treasury in favor of the said treasurer and board of visitors, respectively, from time to time, until otherwise ordered, for the same rate of interest as may be paid by act of the general assembly to other incorporated colleges or seminaries of learning in this State on all bonds of the Commonwealth, or bonds guaranteed by the Com- monwealth, hold by or for such institutions. (1872-7:;. ) SEC. 1606. An annual report shall be made by the president of each of said insti- tutions, after the close of each collegiate year, to the board of visitors of the con- dition of each institution, its receipts and disbursements during the preceding year, the amount of salary paid to each professor, the amount received in tuition fees from pay students, any improvements and experiments made, with their costs and results, and such other matters, including State, industrial, and econom- ical statistics, as may be supposed useful; a copy of which shall be furnished to the superintendent of public instruction, to be laid before the general assembly at its next regular session. (1871-72.) SKC. 1607. The general assembly reserves to itself the power, at any time, to repeal or alter any provisions of this chapter and to withdraw from either of said institutions the whole or any part of the appropriations made to them. (1871-72. ) Laws, 1887-88, chapter 284: SECTION 1. The State of Virginia hereby assents to the grants of money made by and in accordance with the act of Congress approved March 2, 1887, and accepts the same, subject to the conditions and pro visions of said act. SEC. 2. The board of visitors of the Virginia Agricultural and Mechanical Col- lege, at Blacksburg, at which an agricultural experiment station has already been established, is authorized and empowered to establish in connection with said sta- tion such branch stations at such places as in the discretion of said board of vis- itors they may deem proper, subject to the approval of the governor. (February 29, 1888.) Laws, 1893-94, chapter 347: SEC. 2. The State of Virginia hereby assents to the grants of money made under and in accordance with the act of Congress aforesaid, ED 19Q3 14 210 EDUCATION EEPOET, 1903. approved August 30, 1890, and accepts the same; and the legislature of Virginia proposes and reports to the honorable Secretary of the Interior of the United States that hereafter the funds to be paid to this State, under said act, be appor- tioned between the said institutions in the following ratio, viz: One-third thereof to the Hampton Normal and Agricultural Institute and two-thirds to the Virginia Agricultural and Mechanical College. SEC. 3. The auditor of public accounts shall receive from the Secretary of the Interior such sums of money as shall be allotted to Virginia, and pay over the same in the proportion aforesaid to the treasurer of the Hampton Normal and Agricul- tural Institute and to the treasurer of the Virginia Agricultural and Mechanical College, who shall receive and disburse the same as required by section 2 of the act of Congress aforesaid. (February 23, 1894.) WASHINGTON. Constitution (1889), article 9: SECTION 1. It is the paramount duty of the State to make ample provision for the education of all children residing within its bor- ders, without distinction or preference on account of race, color, caste, or sex. SEC. 2. The legislature shall provide for a general and uniform system of Eublic schools. The public school system shall include common schools and such igh schools, normal schools, and technical schools as may hereafter be estab- lished. * * * SEC. 4. All schools maintained or supported wholly or in part by the public funds shall be forever free from sectarian control or influence. SEC. 5. All losses to the permanent common school or any other State educa- tional fund which shall be occasioned by defalcation, mismanagement, or fraud of the agents or officers controlling or 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 particular fund sustaining such loss, upon which not less than 6 per cent annual interest shall be paid. [The following matter is taken from Ballinger's Annotated Codes and Statutes of Washing- ton, showing all Statutes in Force, including the Session Laws of 1897, by Hon. Richard A. Bal- linger. 2 vols. Seattle and San Francisco, 1897.] SEC. 2512. The State Agricultural College, Experiment Station, and School of Science of the State of Washington, as heretofore located [act of March 9, 1891] at Pullman, Whitman County, shall be an institution of learning open to the children of all residents of this State, and to such other persons as the board of regents may determine, under such rules and regulations as may be prescribed by the board of regents; shall be nonsectarian in character, and devoted to practical instruction in agriculture, mechanic arts, and natural sciences connected there- with, as well as a thorough course of instruction in all branches of learning upon agricultural and other industrial pursuits. (1891, 1897.) SEC. 2513. The governor of the State of Washington, the superintendent of pub- lic instruction, members of the legislature, and county commissioners shall be ex officio visitors of said college. But said visitors shall have no power granted to control the action of the board of regents or to negative its duties as denned by law. (1890, 1897.) SEC. 2514. The course of instruction of said college shall embrace the English language, literature, mathematics, philosophy, civil and mechanical engineering, chemistry, animal and vegetable anatomy and physiology, veterinary art, ento- mology, geology, political economy, rural and household economy, horticulture, moral philosophy, history, mechanics, and such other courses of instruction as shall be prescribed by the board of regents. One of the objects of said college shall be to train teachers of physical science, and thereby further the application of the principles of physical science to industrial pursuits; to collect information as to schemes of technical instruction adopted in other parts of the United States and in foreign countries, and to hold farmers' institutes at such times and places and under such regulations as the board of regents may determine. (1891, 1897.) SEC. 2515. The board of regents shall provide that all instruction given in the col- lege shall, to the utmost practicable extent, be conveyed by means of practical work in the laboratory, and shall provide in connection with said college the following laboratories: One physical laboratory or more, one chemical laboratory or more, and one biological laboratory or more, and suitably furnish and equip the same. Said board of regents shall provide that all male students shall be trained in mili- tary tactics. Said board of regents shall establish a department of said college LAWS DELATING TO LAND-GKANT COLLEGES. 211 to be designated the department of elementary science, and in connection there- with provide instruction in the following subjects: Elementary mathematics (including elementary trigonometry), elementary mechanics, elementary and mechanical drawing, and land surveying. Said board of regents shall establish a department of said college to be designated the department of agriculture, and in connection therewith provide instruction in the following subjects: First. Physics, with special application of its principles to agriculture. Second. Chemistry, with special application of its principles to agriculture. Third, Morphology and physiology of plants, with special reference to the com- monly grown crops and their fungus enemies. Fourth. Morphology and physiology of the lower forms of animal life, with special reference to insect pests. Fifth. Morphology and physiology of the higher forms of animal life, and in particular of the horse, cow, sheep, and swine. Sixth. Agriculture, with special reference to the breeding and feeding of live stock and the best mode of cultivation of farm produce. Seventh. Mining and metallurgy. And it shall appoint demonstrators in each of these subjects to superintend the equipment of a laboratory and to give practical instruction in the same. Said board of regents shall establish an agricultural experimental station in connection with the department of agriculture of said college, appoint its officers, and pre- scribe such regulations for its management as it may deem expedient. Said board of regents may establish other departments of said college and provide courses of instruction therein when those are, in its judgment, required for the better car- rying out of the object of the college. (1890, 1897.) SEC. 2516. The management of said college and experiment station, the care and preservation of all property of which such institution shall become possessed, the erection and construction of all buildings necessary for the use of said college and station, and the disbursement and expenditure of all money provided for by this chapter shall be vested in a board of five regents; said five members of the board of regents shall be appointed in the manner provided by law; said regents and their successors in office shall have the right of causing all things to be done neces- sary to carry out the provisions of this chapter. The board of regents provided for in this chapter shall be appointed by the governor, by and with the advice and consent of the senate, one for a term of two years, two for a term of four years, and two for a term of six years; and each regent shall, before entering upon the discharge of his respective duties as such, execute a good and sufficient bond to the State of Washington, with two or more sufficient sureties, residents of the State, in the penal sum of not less than $5,000 each, conditioned for the faithful performance of his duties as such regent: Provided, That all appointments made to fill vacancies caused by death, resignation, or otherwise shall be for the unex- pired term of the incumbent whose place shall have become vacant. All other appointments made subsequent to the appointment of the first board of regents provided for in this act shall be for the term of six years and until the appoint- ment and qualification of a successor to each appointee: Provided further , That at least three of the members of the board of regents so appointed shall be resi- dents of eastern Washington and one shall be a resident of western Washington: Provided further , That regents now serving upon such board shall continue as such during tho term for which they were respectively appointed. (1891, 1897.) SEC. 2517. The board of regents of the agricultural college, experiment station, and school of science shall meet and organize by the election of its president and treasurer from their own number on the first Wednesday in April of each year. The person so selected as treasurer shall, before entering upon the discharge of his duties as such, execute a good and sufficient bond to the State of Washington, with two or more sufficient sureties, residents of the State, in the penal sum of not less than $40.000, conditioned for the faithful performance of his duties as such treasurer and that he will faithfully account for and pay over to the person or persons entitled thereto all moneys which shall come into his hands as such officer, which bond shall be approved by the governor of the State, and shall be filed with the secretary of state. The president of the college shall be secretary of the board of regents, and shall perfonii all the duties pertaining to that office, but shall not have the right to vote. The secretary shall, in like manner as the treasurer, give a bond in the penal sum of not less than $5,000. conditioned for the faithful performance of his duties as such officer. (1891, 1897.) Si . 'J51S. The president of said board shall be the chief executive officer, shall preside at all meetings thereof (except that in his absence the board may appoint a president pro tempore) , and sign all instruments required to be executed by said board. The treasurer shall be the financial officer of said board, shall keep a true 212 EDUCATION EEPORT, 1903. account of all moneys received and expended by him. The secretary shall be the recording officer of said board, shall attest all instruments required to be signed by the president, and shall keep a true record of all the proceedings of said board, and generally do all other things required of him by said board. (1891, 1897.) SEC. 2519. The regents shall have the power, and it shall be their duty, to enact laws for the government of said agricultural college, experiment station, and school of science: Provided, The board of regents shall maintain at least one experimental station in the western portion of the State. (1891, 1897.) SEC. 2520. The board of regents shall direct the disposition of any moneys belonging to or appropriated to the agricultural college, experiment station, and school of science established by this article, and shall make all rules and regula- tions necessary for the management of the same, adopt plans and specifications for necessary buildings, and superintend the construction of said buildings, and fix the salaries of professors, teachers, and other employees, and tuition fees to be charged in said college. (1891, 1897.) SEC. 2521. The agricultural experiment station provided for in this article in connection with said agricultural college shall be under the direction of said board of regents of said college for the purpose of conducting experiments in agriculture according to the terms of section 1 of an act of Congress approved March 2, 1887. * * The said college and experiment station shall be entitled to receive all the benefits and donations made and given to similar institutions of learning in other States and Territories of the United States by the legislation of the Congress of the United States now in force or that may be enacted, and par- ticularly to the benefits and donations given by the provisions of [the acts of Congress approved July 2, 1862, and acts supplementary thereto, March 2, 1887, and August 30, 1890]. (1891, 1897.) SEC. 2522. The assent of the legislature of the State of Washington is hereby given, in pursuance of the requirements of section 9 of said act of Congress approved March 2, 1887, to the granting of money therein made io the establish- ment of experiment stations in accordance with section 1 of said last-mentioned act, and assent is hereby given to carry out within the State of Washington every provision of said act. (1891, 1897.) SEC. 2523. The meetings of the board of regents may be called in such manner as the board may prescribe, and the majority of said board shall constitute a quorum for the transaction of business; but a less number may adjourn from time to time. All meetings of the said board may be held in the office of the college buildings. No vacancy in said board shall impair the rights of the remaining board. A full meeting of the board shall be called at least once a year. (1891, 1897.) SEC. 2524. Each member of the board of regents created by this chapter shall, before entering upon his duties, take and subscribe an oath to discharge faithfully and honestly his duties in the premises and to perform strictly and impartially the same to the best of his ability. Said oath shall be filed with the secretary of state. (1891,1897.) SEC. 2525. The regents shall be allowed their actual and necessary traveling expenses in going to and returning from all the necessary sessions of their board, and also their necessary expenses while in actual attendance upon the same. (1891,1897.) SEC. 2526. The board of regents shall, on or before the 1st day of November of each year, make a full and true report in detail of all their acts and doings during the previous year, their receipts and expenditures, the exact status of their insti- tution, and other information they may deem proper and useful or which may be called for by the governor, which said report shall be made to the governor, who shall transmit the same to the succeeding session of the legislature. A copy of said report shall be furnished to the superintendent of public instruction. (1891, 1897.) SEC. 2527. The treasurer of said board shall make disbursements of the funds in his hands on the order of the board, which order shall be countersigned by the secretary of the board, and shall state on what account the disbursement is made. (1891, 1897.) SEC. 2528. No employee or member of the board created by this chapter shall be interested pecuniarily, either directly or indirectly, in any contract for any build- ing or improvements of said institution, or for the furnishing of supplies for the same. (1891, 1897.) SEC. 2529. The governor of the State shall be ex officio advisory member of the board provided for in this chapter, but shall not have the right to vote nor be eligible to ofiice therein. (1891, 1897.) SEC. 2530. The board of regents are hereby empowered to grant the usual aci- LAWS RELATING TO LAND-GRANT COLLEGES. 213 demic and honorary degrees, and to issue diplomas therefor, npon the recommen- dation made by the facnlty. (1895, 1897. ) SEC. 2531. It shall be the duty of the board of regents herein provided for, as soon after their organization as practicable, and as soon as there shall be an appropriation therefor in the hands of the State treasurer in any amount sufficient to warrant the beginning of the erection of the several buildings herein provided for, or any wing or section of the same, to enter into contracts with one or more contractors for the erection and construction of such suitable buildings and im- provements for the institution created by this chapter as in their judgment shall be deemed best, or the funds aforesaid shall warrant, all things considered; such contract or contracts to be let after open public notice and competition, under such regulations as shall be established by said board, to the person or persons who offer to execute such work on the most advantageous terms: Provided, That in all cases said board shall require from contractors a good and sufficient bond for the faithful performance of the work and the full protection of the State against mechanics' and other liens: And provided further, That the board shall not have the power to enter into any contract for the erection of any buildings or improvements which shall bind said board to pay out any sum in excess of the amount provided for said purpose. (1891, 1897.) SEC. 2532. The board provided for in this chapter shall have power in their dis- cretion to employ skilled architects and siiperintendents to prepare plans and specifications and to supervise the construction of any of the buildings provided for in this chapter and to fix the compensation for such services, subject to the provisions and restrictions of this art. (1891, 1897. ) SEC. 25:53. Whenever there shall be any money in the hands of the State treas- urer to the credit of any of the specific funds set apart for the institution created by this chapter, deemed sufficient by the board tocommence the erection of any of the necessary buildings or improvements or to pay the necessary running or other expenses of said institution, the State auditor, on the request in writing of said board shall, and it is hereby made his duty to, draw his warrants in favor of the treasurer of said board and upon the State treasury against the specific fund belonging to said institution in such sum, not exceeding the amount on hand in such specific fund, at such time as said board may deem necessary: Provided, That said board shall draw said money as it may be necessary to disburse the same. (1*91, 1H97.) Laws, 1895, chapter 167: SECTION 1. [Makes the professor of veterinary science at the agricultural college ex officio State veterinarian.] Laws, 1899, chapter 43: SEC. !'. The secretary of state, the professor of agri- culture of the agricultural college, and the dairy commissioner are hereby created a State board of dairy commissioners ex officio. (March 7, 1899.) Lftwi } 1809, chapter x-j : SECTION 1. The operation and conduct of the agricultural experiment station heretofore established at Puyallup, Wash., shall be under the supervision and control of the board of regents of the agricultural college and school of science, and the State auditor is hereby authorized to audit all claims, and, if found correct, to issue warrants upon the State treasurer in payment of bills duly authorized by said board as provided by law, and the State treasurer is hereby directed to pay the same. (March 13, 1899.) WEST VIRGINIA. [The following matter is taken from The Code of West Virginia (fourth edition), compiled by John A. Warth. Charleston, 1900.] Chapter 45: SEC. 76. The Agricultural College of West Virginia, located and established at Morgan town, in the county of Monongalia, in pursuance of the act passed February 7, 1867, entitled "An act for the regulation of the West Virginia Agricultural College," shall be and remain as so established and located; and all the provisions of said act, except so far as the same may be altered by this chapter, shall remain in full force and effect to the same extent as if this chapter as amended had not been passed. (1872-73, 1881.) SEC. 77. The name of said college shall hereafter be "The West Virginia University," by which name it shall have and hold all the property, funds, invest- ments, rights, powers, and privileges now had and held under the name prescribed in the above-recited act. (1872-73, 1881.) SEC. 78 [as amended by Laws, 1901, chapter 52, passed February 18, 1901]. For the government and control of said university there shall be a board of regents 214 EDUCATION REPORT, 1903 s 'consisting of nine persons, co be called "the regents of the West Virginia Uni- versity. ' ' As such board they may sue and be sued, and have a common seal. The said board shall have the custody and control of the property and funds of said university, except as otherwise provided by law. They shall have the power to accept from any person or persons any gift, grant, or devise of money, land or other property intended for the use of the university, and shall, by such acceptance, be trustees of the funds and property which may come into the possession or under the control of said board by such gift, grant, or devise, and shall invest and hold such funds and property, and apply the proceeds and property in such manner as the donor may prescribe by the terms of his gift, grant, or devise. A majority of said regents shall constitute a quorum for the transaction of business, except that for making arrangements for the erection of buildings or the permanent altera- tion thereof, or the appointment to or removal from office of professors, or fixing their compensation, or changing any rule or regulations adopted by a majority of the board, in which case all of the regents shall be notified in writing by the secre- tary of the board of the meeting place and object of the meeting proposed to be held for any of the purposes excepted in this section; and the conference of a majority of the regents shall be required. Said board of regents shall consist of nine members, who shall be residents and voters of the State. The governor shall,' on or before March 15, 1901, or as soon thereafter as convenient, appoint said nine regents, who shall be divided into two classes, consisting of four and five regents, respectively. The term of office of both classes shall begin on May I/ 1901 ; and the term of office of the first class shall continue for two years and until their successors are appointed and qualified, and the term of the second class shall continue for four years and until their successors are appointed and qualified; and thereafter the term of office of each class shall be for four years and until their successors are appointed and qualified. Any person appointed a regent during the recess of the senate shall serve as such until the next meeting of the senate. The governor may by appointment fill any vacancy occurring in the board for the unexpired term. Not more than six of said regents shall belong to the same political party, and not more than one shall be appointed from the same senatorial district or county. The term of office of the regents now in office shall expire on April 30, 1901. SEC. 79. The board of regents shall from time to time establish such depart-' ments of education in literature, science, art, agriculture, and military tactics as they may deem expedient, and as the funds under their control may warrant, and purchase such materials, implements, and apparatus as maybe requisite to proper instruction in all said branches of learning, so as to carry out the spirit of the act of Congress aforesaid, approved July 2, 1862. (1872-73, 1881.) SEC. 80. The said board shall establish and declare such rules and regulations and by-laws, not inconsistent with the laws of this State or of the United States, as they may deem necessary for the proper organization, the tuition of students and good government of said university, and the protection of public property belonging thereto. They shall appoint a superintendent of buildings and grounds, a secretary for the faculty, and a secretary for said board, and also a treasurer, who shall be members of the faculty of the university; and the person so appointed shall receive such compensation as the board may determine, not, however, to exceed $300 per year. From said treasurer they shall take a bond, with ample security, conditioned according to law, for the faithful keeping and disposing of such money as is herein or may be hereafter appropriated, and such other money as may be allowed by said board to come into his hand from time to time; they shall also settle with him annually or oftener if they think best, inspect annually all the property belonging to said university and make a full report of the condi- tion, income, expenditures, and management of such university annually to the governor, to be by him laid before the legislature. (1872-73, 1881, 1887, 1899.) SEC. 81. The board shall have power to create a preparatory department to said university and establish any other professorships than those indicted [indicated] heretofore, if the same be deemed essential; to fix the salaries of the several pro- fessors and to remove them for good cause, but in case of removal the concurrence of a majority of the regents shall be required, and the reasons for a removal shall be communicated in a written statement to the governor. (1872-73, 1881.) SEC. 82 [as amended by Laws, 1903, chapter 30]. Besides prescribing the general terms upon which students may be admitted, and the course of instruction, the regents are still further empowered to admit as regular students of the university not more than 225 cadets in the military department. Each member of the senate shall be entitled to appoint one cadet from his district on or before June 1 in the second year of his term and one cadet on or before June 1 in the fourth year of his term. Each member of the house of delegates shall be entitled to appoint one LAWS RELATING TO LAND-GRANT COLLEGES. 215 cadet from his county on or before June 1 next preceding the end of his term. In case a cadetship filled by appointment by any member of the legislature shall become vacant, the member making the appointment, or his successor, shall fill same by a new appointment within the limits of time aforesaid. But 110 senator or delegate shall appoint any cadet until he receives a certificate from the presi- dent of the university or the commandant of cadets giving him notice of his right to do so, and he shall not have the right to exercise such power of appointment as long as two cadets are accredited to himself and his predecessor, either by original appointment or reenlistment. All other cadets necessary to make up the full com- plement of the corps shall be appointed by the regents in proportion to their num- ber, including vacancies, if any, caused by the failure of any member of the leg- islature to make his appointment. Cadets shall not be under 16 years of age and shall not be over 21 years of age. Their appointment shall be made upon undoubted evidence of good moral character and sound physical condition. Their term of enlistment of service shall be two years, but any cadet at the expiration of his first term shall be entitled to reenlist for the further t ?rm of two years upon giving notice of his intention to the commandant of cad3ts at least thirty days before the expiration of such term; but not more than 15 cadets shall be appointed from any senatorial district and not more than 8 from any one county. SEC. 83. The cadets admitted under the preceding section shall be entitled to all the privileges, immunities, educational advantages, and benefits of the uni- versity free of charge for admission, tuition, books, and stationery, and shall con- stitute the public guard of the university and of the public property belonging thereto and of the ordnance and ordnance stores and camp and garrison equipage, of which a sufficient supply shall be kept in the arsenal belonging to the institu- tion. And the professors and the students of the university receiving instruction in military tactics and the art of war shall be individually and collectively respon- sible for the preservation and safe-keeping of all arms and camp equipage belong- inu to said institution. (1872-73, 1881.) Si.< . 84 [as amended by Laws, 1901 , chapter 1, approved February 23, 1901] . The regents shall only be allowed the necessary expenses incurred by them in dis- charging their dirties as such and $4 per diem for each day they maybe employed as such, and an itemized account shall be made a part of their report to the governor, and no mileage shall be allowed or paid. SEC. 85. The president, board of regents, and faculty may graduate any student of the nnivi-rsity found (after proper examination) duly qualified, And shall cer- tify the same by affixing the seal of the university to his diploma. (1872-73, 1881.) SEC. 86. The fund derived from the sale of United States land warrants which have been donated to this State for the purpose of endowing an agricultural col- lege shall be invested by the governor in a loan of public stock of the United States, or otherwise, as required by Congress, for the use and benefit of the said university. (1872-73, 1881.) SEC. 86a. I. The State of West Virginia hereby assents to and accepts from the Government of the United States the grants of money authorized by said act of Congress [of March 2, 1887] , and assents to the purpose of said grants. II. The bulletins and annual reports required to be published under section 4 of said act shall be printed at the expense of the State, by the State printer, in such editions or numbers as the mailing list of the experiment station shall indi- cate as being required, and shall be distributed by the station free of all charge to farmers and other citizens of the State deserving the same. (1889.) SEC. 986. I. The legislature of the State of West Virginia hereby accepts for said State the terms and provisions of the said act of the Congress of the United States approved August 30, 1890, for the objects and purposes mentioned and declared therein, and designates the " West Virginia University," established in pursuance of the act of the Congress of the United States passed July 2, 1862, and a subsequent act passed by said Congress on April 19, 1864, at Morgan town, in the county of Monongalia, in this State, as the beneficiary of said appropriation for the instruction of white students; and an institution to be located and provided for the purpose as hereinafter required and directed in the county of Kanawha, to be called " The West Virginia Colored Institute," for the beneficiary of said appropriation for the instruction of colored students; to be paid to each in the proportion mentioned in the preamble to this act. [For the West Virginia Col- ored Institute, $3,000 per annum for five years, and after that time $5,000 as long as the appropriation continues.] And the said institution, by the name of " The West Virginia Colored Institute," shall have and hold all the property, funds, rights, powers, and privileges hereinafter mentioned. II [as amended by'Laws, 1901, chapter 50, approved February 20, 1901]. For the or THE IrNJVPBAJTV 216 EDUCATION REPORT, 1903. government and control of said institute there shall be a board of regents, consist- ing of the State superintendent of free schools and six other competent persons, not more than four of whom shall belong to the same political party, to be called the ''regents of the West Virginia Colored Institute," and as such board they may sue and be sued, plead and be impleaded, and have a common seal. The gov- ernor shall, between March 15 and May 15, 1901, and every four years thereafter, nominate and, by and with the advice and consent of the senate, appoint said six regents, whose term of office shall begin on June 1 next following their appoint- ment and continue for four years and until their successors are appointed and qualified. Vacancy in the office of regent shall be filled by appointment by the governor for the unexpired term. The term of office of the regents now in office shall expire on May 31, 1901. Said board shall have the care, custody, and control of the property and funds of the institute, and may accept, from any person or persons, gifts of money or property for the use of said institute, and all such money and property, when so received by them, shall be held in trust by them for the use and benefit of the institute, and applied thereto as the donors may have directed, and, if no such directions have been given, as a majority of the regents may determine. III. The board of regents shall from time to time establish such departments of education in literature, science, art, and agriculture, not inconsistent with the terms of the several acts of Congress hereinbefore referred to, as they may deem expedient and as the funds under their control will warrant, and purchase such materials, implements, and apparatus as may be requisite to the proper instruc- tion of said colored students in all said branches of learning as to carry out the intent and purposes of said acts of Congress. IV [as amended by Laws, 1901, chapter 1 , approved February 23, 1901] . The said board shall establish and declare such rules, regulations, and by-laws, not incon- sistent with the laws of the United States or of this State, as they may deem nec- essary for the proper organization, the tuition of the students, and the good govern- ment of the institute and the protection of the property belonging thereto. The regents shall only be allowed the necessary expenses incurred by them in discharg- ing their duties as such and $4 per diem for each day they may be employed as such, and an itemized account shall be made a part of their report to the governor, and no mileage shall be allowed or paid. V. The treasurer of this State is hereby designated as the officer to receive from the Secretary of the Treasury of the United States the said several sums of money so to be paid to this State aforesaid for the uses and purposes aforesaid. He shall keep an exact account of the moneys so received, and shall place to the credit of each of said beneficiaries thereof its due proportion of the same. The sums so placed to the credit of the West Virginia University shall be paid out by him on the orders of the board of regents thereof, and the sums so placed to the credit of the West Virginia Colored Institute shall be paid out by him on the orders of the board of regents of said institute. And said treasurer shall include in his biennial report to the governor a statement of his receipts and disbursements under the provisions of this act. VI. It shall be the duty of the board of the school fund to proceed with all reasonable dispatch to procure the necessary quantity of farming land, not exceed- ing 50 acres in all, in some suitable and proper locality in the county of Kanawha, with the title thereto clear and unquestionable, and to erect the necessary build- ings and make the necessary improvements thereon for the purposes of this act, and to comply in good faith with the terms and conditions and to carry into effect the objects and purposes of the act of Congress in making said appropriations. VII. And in order to enable said board to perform the duties required of them by this act the sum of $10,000 is hereby appropriated and placed at their disposal, payable out of any money in the treasury not otherwise appropriated: Provided, That said board may, in their discretion, borrow the said sum of $10,000 from the "school fund," mentioned in section 4 of article 12 of the constitution of this State, at 6 per cent interest per annum, and execute the bonds of the State there- for, payable with interest as aforesaid not more than ten years from the date thereof. (1891.) SEC. 9866. Besides prescribing the general terms upon which students may be admitted, and the course of instruction, the regents are still further empowered to admit as regular students or cadets of said institution not more than 60 students, of whom each regent may appoint not more than 12 who are not less than 16 years of age nor more than 21, whose term of service shall not be less than two nor more than five years; which appointment shall be made upon undoubted evidence of good moral character and sound physical condition. The cadets admitted under the provisions of this section shall be entitled to all the privileges, immunities, educa- LAWS RELATING TO LAND-GRANT COLLEGES. 217 tional advantages, and benefits of the institute free of charge for admission, tui- tion, books, and stationery, and shall constitute the public guard of the institute, and of the public property belonging thereto, and of the ordnance and ordnance stores and camp and garrison equipage, of which a sufficient supply shall be kept in the arsenal belonging to the institution. And the professors and the students of the institute receiving instruction in military tactics and the art of war shall be individually and collectively responsible for the preservation and safe-keeping of arms and camp equipage belonging to said institution. (1899.) WISCONSIN. [The following matter is taken from the Wisconsin Statutes of 1898, enacted at the adjourned session of the legislature commencing August IT, 1897, and approved August 20, 1897. In effect September 1, 189. Edited and annotated by Arthur L. Sanborn and John R. Berryman. 2 vols. Chicago, 1898.] SEC. 377. There is established in this State, at the city of Madison, an institution of learning by the name and style of " The University of Wisconsin." SEC. 378 [as amended by Laws, 1901, chapter 255. approved May 2, 1901]. The government of the university shall vest in a board of regents, to consist of one member from each Congressional district and two from the State at large, at least one of whom shall be a woman , to be appointed by the governor. The State super- intendent and the president of the university shall be ex officio members of said board. Said president shall be a member of all the standing committees of the board, but shall have the right to vote only in case of a tie. The term of office of the appointed regents shall be three years from the first Monday in February in the year in which they are appointed unless sooner removed by the governor, but appointments to fill vacancies before the expiration of the term shall be for the residue of the term only. SEC. 379 [as amended by Laws, 1903, chapter 260] . The board of regents and their successors in office shall constitute a body corporate by the name of " the regents of the University of Wisconsin," and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by law, and shall have the custody of the books, records, buildings, and all other property of said uni versi ty . The board shall elect a president and a secretary, who shall per- form such duties as may be prescribed by the by-laws of the board. The secretary shall keep a faithful record of all the transactions of the board and of the execu- tive committee thereof. It shall be the duty of the State treasurer to have the charge of all securities for loans and all moneys belonging to the university or in any wise appropriated by law to its endowment or support, to collect the interest on all securities held by him, to pay out moneys only upon the warrant of the sec- retary of state as provided by law, to keep the same and the accounts thereof sep- arate and distinct from other public funds, and particularly distinguish the accounts of every fund, according to the nature thereof, coming to his charge, whether created by law or by private bounty, and to discharge these and other appropriate functions relating thereto subject to such regulations as the board may adopt not inconsistent with his official duties, and he and his sureties shall be liable on his official bond as State treasurer for the faithful discharge of such duties. SEC. 380. The time for the election of the president and secretary of said board and the duration of their respective terms of office, and the times for holding the regular annual meeting and such other meetings as may be required, and the manner of notifying the same shall be determined by the by-laws of the board. A majority of the board shall constitute a quorum for the transaction of busi- . but a less number may adjourn from time to time. (1866.) . 381. The board of regents shall enact laws for the government of the uni- versity in all its branches; elect a president and the requisite number of profes- sors, instructors, officers, and employees, and fix the salaries and the term of office of each , and determine the moral and educational qualifications of appli- cants for admission to the various courses of instruction; but no instruction either sectarian in religion or partisan in politics shall ever be allowed in any depart- ment of the university; and no sectarian or partisan tests shall ever be allowed or exercised in the appointment of regents or in the election of professors, teachers, or other officers of the university, or in the admission of students thereto, or for any purpose whatever. The board of regents shall have power to remove the president, or any professor, instructor, or officer of the university when, in their judgment, the interests of the university require it. The board may prescribe 218 EDUCATION REPORT, 1903. rules and regulations for the management of the libraries, cabinet, museum, laboratories, and all other property of the university and of its several depart- ments, and for the care and preservation thereof , with penalties and forfeitures by way of damages for their violation, which may be sued for and collected in the name of the board before any court having jurisdiction of such action. They shall employ a competent preceptress for the building known as "ladies' hall " (which shall be used for and by the female students attending the university, and not otherwise) , who shall have charge and general supervision thereof under such regulations as the board may have made or shall adopt, at a salary of not more than $1,500 per year: Provided, That said preceptress shall perform such duties and teach such classes as the board may from time to time require. SEC. 382. The board of regents are authorized to expend such portion of the income of the university fund as they may deem expedient for the erection of suitable buildings and the purchase of apparatus, a library, cabinets, and addi- tions thereto, and if they deem it expedient may receive in connection with the university any college in this State, upon application of its board of trustees; and such college so received shall become a branch of the university and be subject to the visitation of the regents. (Rev. Stat., 1858.) SEC. 383. At the close of each biennial fiscal term the regents, through their president, shall make a report in detail to the governor and the legislature, exhibit- ing the progress, condition, and wants of each of the colleges embraced in the university, the course of study in each, the number of instructors and students, the amount of receipts and disbursements, together with the nature, cost, and results of all important investigations and experiments, and such other informa- tion as they may deem important, one copy of which shall be transmitted free by the secretary of state to all colleges endowed under the provisions of the act of Congress * * * approved July 2, 1862, and also one copy to the Secretary of the Interior, as provided in said act. The board shall also report to the governor as often as may seem desirable the important results of investigations conducted by the director of Washburn Observatory and by other investigators connected with the university, and also the results of such experiments therein relating to agriculture or the mechanic arts as said board may deem to be of special value to the agricultural and mechanical interests of the State. With the approval of the governor such number of copies as he shall direct, and of the Washburn Observa- tory reports not more than 700 copies $ may be printed by the State printer in separate form, on good paper, and with such appropriate quality of binding as the commissioners of public printing shall order. Eight hundred copies of each of said reports, when so directed by the governor, except those of the Washburn Observatory, shall be delivered to the legislature, and the remainder be used in exchange for the publications of other institutions and for such other public pur- poses as the regents may order. SEC. 383a [as amended by Laws, 1903, chapter 260]. All moneys which shall be derived to the university from gifts or other bounties; from fees of students in any form, less any rebates allowed under authority of the board; from sales of farm products or any articles of personal property of whatever kind; from publi- cations or advertisements in publications of the university; from fees for services rendered in any manner; from sales or rents of real property, or from any source whatever other than in cases by law required to be paid to the State treasurer, may be paid to the secretary of the board in all cases where the board shall authorize him to receive the same; and such secretary shall, at least as often as once a week, pay into the State treasury the entire amount of such receipts by him, and shall on or before the 10th day of each calendar month deliver to the State treasurer an itemized account of such receipts during the preceding calendar month, showing the amount of each sum so received by him, the date thereof, the person from whom received, for what received, and the particular fund or account to which the same belongs, save that the details of small receipts may be omitted and the account made summary in such cases and to such extent as the secretary of state shall prescribe by forms therefor, and shall verify the correctness thereof by his affidavit thereto appended, and a duplicate thereof he shall at the same time file with the secretary of state. Such account shall be made upon forms to be prepared and furnished by the secretary of state. The regents may require of their secretary such bond in such sum and with such sureties as they shall think fit and its renewal when deemed desirable, and may prescribe regulations for the discharge of all such duties not inconsistent with law. The secretary of state shall audit and give his warrant on the State treasurer for all accounts certified to him by the board or its executive committee, in the manner herein provided. All salaries for instructional or administrative service, and also allowances to fel- lows and scholars, which have been fixed by the board, shall be certified at peri- LAWS RELATING TO LAND-GRANT COLLEGES. 219 odical intervals according to the laws of the board, upon rolls showing the name of the person entitled to receive the same, the amount of his fixed annual salary or allowance, and that the sum so certified is then due him according to the method of periodical payment established by the board; upon which certified roll the secretary of state shall issue his warrant to each person therein named for the amount so certified to be due to him. Payments to janitors, laborers, and all other employees, and also to all persons from whom milk and products for the dairy are purchased, shall be made upon rolls showing the name of the party entitled, for what service or object, to what fund chargeable, and the amounts respectively due each, which shall bs likewise certified to the secretary of state to be correct and due, and he shall issue thereon his warrant for the amount due each person upon such roll to each such person. Every other claim or account shall state the nature and particulars of the service rendered or material fur- nished and be verified by the affidavit of the claimant or his agent and filed with the secretary of the regents; and a roll showing the name of each such person, for what service or object, to what fund chargeable, and the amount allowed to and due him, shall be certified, as aforesaid, to the secretary of state; upon which he shall issue his warrant for the proper amount to the person entitled thereto. The board may enact laws to govern all such business not inconsistent with law, and all forms shall be prepared and furnished by the secretary of state. All warrants issued pursuant to this section shall be labeled " University warrant" and num- bered in consecutive order. All gifts, bounties, and moneys paid in and appro- priations made by law for the university, its endowment, aid, or support, when received by the State treasurer shall be at once credited to the proper fund, and if received as part of the general fund shall be forthwith transferred by warrant to the proper university account, and shall all thenceforth be held solely for the respective uses to which the same is by law appropriated, and shall never be em- ployed, diverted to, or paid out for any other use or purpose. SEC. 384. The president of the university shall be president of the several facul- ties and the executive head of the instructional force in all its departments; as such he shall have authority, subject to the board of regents, to give general direc- tion to the instruction and scientific investigations of the several colleges, and so long as the interests of the institution require it he shall be charged with the duties of one of the professorships. The immediate government of the several colleges shall be intrusted to their respective faculties, but the regents shall have the power to regulate the courses of instruction and prescribe the books or works to be used in the several courses, and also to confer such degrees and grant such diplomas as are usual in universities or as they shall deem appropriate, and to confer upon the faculty by "by-laws the power to suspend or expel students for misconduct or other cause prescribed in such by-laws. ( 18G6, 1869.) Si-x 5. 3*."). The object of the University of Wisconsin shall be to provide the means of acquiring u thorough knowledge of the various branches of learning connected with literary, scientific, industrial, and professional pursuits, and to this end it shall consist of the following colleges or departments, to wit: 1. The college of letters and science. 2. The college of mechanics and engineering. 3. The college of agriculture. 4. The college of law. 5. Such other colleges, schools, or departments as now are or may from time to time bo added thereto or connected therewith. SEC. 386. The college of letters and science shall embrace liberal courses of instruction in language, literature, philosophy, and science, and may embrace such other branches as the regents of the university shall prescribe. The college of mechanics and engineering shall embrace practical and theoretical instruction in the various branches of mechanical and engineering science and art, and may embrace such additional branches as the regents may determine. The college of agriculture shall embrace instruction and experimentation in the science of agri- culture and in those sciences which are tributary thereto, and may embrace such additional brunches as the board of regents shall determine. The college of law shall consist of courses of instruction in the principles and practices of law, and may include such other branches as the regents may determine. S !:<. 387. The university shall be open to female as well as to male students, under such regulations and restrictions as the board of regents may deem proper; and all able-bodied male students in whatever college therein may receive instruc- tion and discipline in military tactics, the requisite arms for which shall be fur- nished by the State. Any person who has graduated from a regular collegiate course at the university and after such graduation shall furnish evidence to the State superintendent of good moral character and of successful teaching for one 220 EDUCATION REPOKT, 1903. school year in a public school of this State, may have his diploma countersigned by said superintendent, which shall then have the force and effect of a limited State certificate, subject to the exercise of the power vested in the State superin- tendent to revoke the right given by his signature to such diploma. (1866, 1867, 1878, 1895.) SEC. 388 [as amended by Laws, 1901, chapter 344]. No student who shall have been a resident of the State for one year next preceding his admission at the beginning of any academic year shall be required to pay any fees for tuition in the university except in the law department and for extra studies. The regents may prescribe rates of tuition for any pupil in the law department, or who shall not have been a resident as aforesaid, and for teaching extra studies. Attendance at the university shall not of itself be sufficient to effect a residence. SEC. 389 [as amended by Laws, 1903, chapter 260], For the support and endow- ment of the university there is annually and permanently appropriated: 1. The university fund income and all other sums of money appropriated by law to such fund. , 2. The agricultural college fund income. 3. All such contributions as may be derived from public or private bounty. r The entire income of all said funds shall be placed at the disposal of the board of regents, thenceforth to be independent and distinct of the accounts of the State and for the support of the aforesaid colleges or departments of arts, of letters, and such other colleges and departments as shall be established in or connected with the university; but all means derived from other public or private bounty shall be exclusively devoted to the specific objects for which they shall have been designed by the grantor; and all gifts, grants, bequests, and devises for the benefit or advan- tage of the university or any of its departments, colleges, schools, halls, observa- tories, or institutions, or to provide any means of instruction, illustration, or knowl- edge in connection therewith, whether made to trustees or otherwise, shall be legal and valid and shall be executed and enforced according to the provisions of the instrument making the same, including all provisions and directions in any such instrument for accumulation of the income of any fund or rents and profits of any real estate without being subject to the limitations and restrictions pro- vided by law in other cases; but no such accumulation shall be allowed to produce a fund more than twenty times as great as that originally given. All such gifts, grants, devises, or bequests may be made to the regents of the university or to the president or any officer thereof, or to any person or persons as trustees, or may be charged upon any executor, trustee, heir, devisee, or legatee, or made in any other manner indicating an intention to create a trust, and maybe made as well for the benefit of the university or any of its chairs, faculty, departments, colleges, schools, halls, observatories, or institutions, or to provide any means of instruction, illustration, or knowledge in connection therewith, or for the benefit of any class of students at the university or in any of its departments, whether by way of scholarship, fellowship, or otherwise, or whether for the benefit of students in any course, subcourse, special course, post-graduate course, summer school or teach- ers' course, oratorical or debating course, laboratory, shop, lectureship, drill, gymnasium, or any other like division or department of study, experiment, research, observation, travel, or mental or physical improvement in any manner connected with the university, or to provide for the voluntary retirement of any of its faculty. And it shall not be necessary in case of any such gift, grant, devise, or bequest to exactly or particularly describe the members of the class, group, or nationality of students intended to be the beneficiaries, but it shall be sufficient to describe the class or group; and in case of any such gift, grant, devise, or bequest the regents shall divide and graduate the students at the university into such classes or divisions as may be necessary to select and determine those belong- ing to the class intended by such gift, grant, devise, or bequest, and shall deter- mine what particular persons are within or intended by the same. It shall be suf- ficient in any such gift, grant, devise, or bequest to describe the beneficiaries as belonging to a certain course, stibcourse, department, or division of the university, or as those pursuing certain studies, speaking or writing a certain language or languages, belonging to any nationality or nationalities, or to one of the sexes, or by any other description, and in such case the regents shall determine the persons so described as hereinbefore provided. SEC. 390 [as amended by Laws, 1899, chapter 170, and Laws, 1901, chapter 322]. There shall be levied and collected annually a State tax amounting to the sum of $289,000, which amount when so levied and collected is annually appropriated to the university fund income to be used as a part thereof for current or administra- tion expenditures, and for the construction in the order of the greatest need there- for of such additional buildings and works and the enlargement and repair of LAWS KELATING TO LAND-GRANT COLLEGES. 221 buildings and works as in the judgment of the regents shall be absolutely required and can be completed within the appropriations so made: Provided, That $40,000 of the said annual appropriation shall be applied annually to the uses of the col- lege of agriculture; also that $22.500 thereof shall be applied annually to the uses of the college of mechanics -and engineering; also that $3,500 thereof shall be applied annually to the uses of the new school of "commerce; also that $2,000 thereof shall be applied annually to the uses of the summer school of science, literature, language, and pedagogy in connection with the university, authorized by section 392a; also that $1,000 thereof shall annually be applied to the purchase of books for the use of the law library of the university; and also that $13,000 of the said annual appropriation shall annually be applied and used in adding facili- r and establishing and maintaining courses of instruction in railway and electrical engineering in the university. The commissioners of public lands may direct the State treasurer from time to time to set apart by way of loan to the fund known as the university fund income for university uses from uninvested moneys in the trust funds for the period while so uninvested, such amount not exceeding at any time the sum of $75,000, as in their judgment shall be prudent, such loans to bo repaid to the trust funds from the appropriation hereinbefore made to the university fund income, with interest at the rate then required on deposits made pursuant to sections 160a to 160f , inclusive. . 301. The sum of $3,000 shall be set apart annually from the receipts of the tax first mentioned in the preceding section for the maintenance of the astro- nomical observatory on the university grounds, to be expended by the rogents in astronomical work and instruction. And a like sum is annually appropriated out of the general fund to the board of regents for the purpose of enabling said board to employ and maintain a director of the Washburn Observatory. (1876.) . :;.2. The regents shall each receive the actual amount of his expenses in traveling to and from and in attendance upon all meetings of the board or incurred in the performance of any duty in pursuance of any direction of the board. Accounts for such expenses, duly authenticated, shall be audited by the board and be paid on their order by the treasurer out of the university fund income. No regent shall receive any pay, mileage, or per diem except as above prescribed. (1866.) SEC. 892a. The board of regents may maintain the summer school of science, literature, language, and pedagogy heretofore established in connection with the university: Proridctl, That all teachers employed therein shall be designated by the State superintendent and the president of the university. General laws, 1863, chapter 2nr>: SK< TI< >x 1 . The lands, rights, powers, and privi- leges grant i-d to and conferred upon the State of Wisconsin by an act of Con- gress approved July 2, 1862, are accepted by the State of Wisconsin upon the terms, conditions, and restrictions contained in said act of Congress. (April 2, 1863.) Laws. l^.rhapterO, as amended by Laws, 1887, chapter 62: SECTION 1. The board of regents of the State university is hereby authorized to hold institutes for the instruction of citizens of this Stato in the various branches of agriculture. Such institutes shall be held at such times and at such places as said board may direct. The said board shall make such rules and regulations as it may deem proper for organizing and conducting such institutes, and may employ an agent or agents to pi 03. The trustees of the university or college at Laramie, Wyo., in connec- tion with which such experimental station is established, shall annually, by reso- lution, specifically appropriate and designate the uses to which such money shall be applied and the purposes for which the same shall be expended, such uses and purposes at all times to be within the use and purpose for which such money is donated under the acts of Congress regulating the same, and no part of such money shall be used or expended in any manner or for any purpose not covered by such appropriation, and no indebtedness shall be contracted or expenditure made in excess of such appropriation. (1895.) [Sections 504-519 are omitted. They contain the first 17 sections of chapter 92 of the session l:i\v., ..f I* 1 .*) een organized.] SEC. 520 [as amended by Laws, 1903, chapter 42], During such time as the University of Wyoming shall be and remain the recipient of the funds donated by the United States Government to the State, under the act of Congress of March 2, 1887, establishing agricultural experiment stations, and the act of Congress of August 30, 1890, applying certain moneys in aid of agricultural colleges, and all acts of Congress amendatory thereof and supplemental thereto, the treasurer of the State shall invest, in the same class of securities and at the same rate of inter- est as provided by law for State funds, all moneys in his hands derived or arising ED 1903 15 226 EDUCATION EEPOET, 1903. from the sale of the lands, or any of them, donated to this State by Congress for the use and support of an agricultural college, such securities to be approved as other loans of State moneys are approved, except that in addition thereto they shall be approved by the president or the vice-president of the board of trustees of the State university: Provided, however, That no profit or interest from such loans or investments shall be paid over for the support of said institution, as hereinafter provided, until all loss or losses, if any, out of the principal of said funds, shall be made good and restored out of said profits and interest; said loans or invest- ments to be made in the name of the State of Wyoming, the profit and interest upon or derived from such loans or investments to be paid into the treasury of the State, for use as provided by section 522, Revised Statutes of 1899; this sec- tion to apply to all moneys that may in any way become a part of the agricultural college permanent land fund. SEC. 522. The net interest and profit received and derived from any loan or invest- ment made in pursuance of the authority conferred by the last preceding section [520] after all loss or losses have been made good as aforesaid shall at all times be available for use. and may be used by the board of trustees of said university for any purpose connected with the supporting and maintenance of the agricul- tural college at the University of Wyoming not inconsistent or in conflict with any act of Congress herein referred to or any act amendatory thereof or supple- mental thereto. (1899.) Laws, 1903, chapter 42: SECTION 1. [This is ssction 520 above.] SEC. 2. The moneys now in the agricultural college land income fund, in the hands of the State treasurer, are hereby constituted a permanent fund, to be known as "The agricultural college permanent fund of 1903," and the same is to be loaned or invested in the manner described by section 1 of this act, or in whatever manner may be designated by law. SEC. 3. All moneys hereafter arising from the rentals of lands, known as "agri- cultural college lands," the interest and profits derived from the investment of the ''agricultural college permanent land fund," and the interest and profits derived from the investment of the "agricultural college permanent fund of 1903 " are hereby appropriated and made available for use and maybe used by the board of trustees of the University of Wyoming for any purpose connected with the supporting and maintenance of the agricultural college at the University of Wyoming not inconsistent or in conflict with any act of Congress referred to or any act amendatory or supplemental thereto; said funds to be paid by the State treasurer to the treasurer of the board of trustees of the State University upon the warrant of the State auditor, to be issued upon request of said board of trus- tees. (February 19, 1903.) YC 21 123