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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, payable semiannually 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.
Suc. 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 establishment and maintenance of an agricultural college, under and by virtue of the provisions 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 1630), and all moneys or revenue derived from the said lands or from any of them, whether on account of sale, lease, sales of timber, 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. 16:3. It shall be the duty of the State treasurer to keep all moneys derived from the agricultural college lands herein before mentioned in a separate fund, to be known and designated as the “ agricultural college bond fund,” and out of the inoney in such funds he shall pay, after approval by the State board of examiners (a) the cost and expenses of the issuing of the bonds herein provided for; (b) 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 interest 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 satisfaction of accrued interest, there shall be no default in the payment of interést.
Sid. 1634. It shall be the duty of the State treasurer to give notice, by advertising, for not less than two weeks, claily, 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 20 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.
Ser: 16:6. Immediately upon the receipt of the money, the proceeds of the sale of said bonds, the State treasurer shall tum 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 construeil 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 steamheating plant; for 1902. $10,000 for maintenance, $2,000 for irrigation, and $2,500 for the erection of a dairy department.
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 educational 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 edncational purposes the interest and income whereof only are to be used shall be deemed trust funils held by the State, and the State shall supply all losses thereof that may in any manner acerue, so that the same shall remain forever inviolate and undiminished, 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, 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.
SEC. 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 election 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.
SEC. 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 purposes, nor shall the State accept any grant, conveyance, or bequest of money, lands, or other property to be used for sectarian purposes.
[The following matter has been taken from "The compiled statutes of the State of Nebraska, 1881, with amendments, 1882 to 1901. comprising all laws of a general nature in force July 1, 1901, published under the authority of the legislature by Guy A. Brown and Hiland H. Whoeler," Lincoln, Nebr., 1901.)
Sec. 5203. 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 art3.
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 provisions of the constitution of 1875. Vacancies occurring in the board between one general election and another may be filled by the governor: Prorided, 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 presiding 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 pleasure. 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 university 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; t) 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 professors 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 person 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.
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 collections, with special reference to showing the varied resources of this State: Provided, 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 regents shall be empowered to establish in these several colleges such chairs of instruction as may be proper and so many of them as the funds 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 salino land belonging to the State, and shall notify the State land commissioner of such reservation, for the purpose of a model farm as a 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 moro 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, ecience, 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 applicant 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 requirements of the preceding section, may be 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 fee during the term of four years. All other students in these colleges 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 may be 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 matriculation 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 evidence of the good character of any student and his or her ambition to acquire an 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 appropriate 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 rule 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 message, 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.
SEC. 5224. The several funds for the support of the university shall be constituted and designated as follows: (1) The permanent endowment fund; (2) the temporary university furd; (3) the university cash fund; (4) the United States "Morrill fund;” (5) the United States experiment station fund. The permanent endowment fund shall be 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, 1862. 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 regents 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 to acquired) with particular objects or uses specified, 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 particular 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 university fund shall be invested in the manner now provided by law for the investment of the permanent school fund of the State, in the same kind of securities 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 the dollar 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 authority 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 inoneys 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
the summer school, school of agriculture, or other special schools; the laboratory fees, for laboratory expenses and the purchase of laboratory apparatus and supplies; 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 herein before 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 products, 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 contingencies. 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 section relating to the university cash fund and the moneys belonging thereto. The United States - Morrill fund” shall cons'st 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 (alla) times be subject to the orders of the board of regents for the purpose specified by act of Congress only. The agricultural experiment station fund shall consist of all moneys which may come into the possession of the State treasurer on and after July 1, 1999, 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 arts 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 sail 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 disbursement 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,
SE(': 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 npon