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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. 5232. 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 governient 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 carlet battalion at the time of their graduation from the university, between and including the ranks of second lieutenant and colonel, shall be certified with thrir proper rank to the governor of the State by the military officer in charge and the chanrellor 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, insurrection, or rebellion, in the same manner as the State militia.
SEC. 5235. The adjutant-general of the State shall issue such arms, munitions, accouterments, 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 constumption 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.
SEC. 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.
SEC. 5238. Whereas the Forty-ninth Congress of the United States, at its second session, passed an act cominonly known as the “ Hatch bill," to establish agricultural experiment stations in connertion with the colleges established in the several States under the provisions of an art of July 9, 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 esperiments on the physiology of plants and animals; the diseases to which they are severally suhjeet, with the remedies for the same; the chemical composition of useful plants at their diff: rent 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 analysis of soils and water; the chemical composition of manures, natural or artificial, with experiments designed to test their comparative effects on crops of different kinds; the adaptation and value of grasses and forage plants; the composition and digestibility 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 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; and whereas the said act of Congress declares that a leading object of the establishment of the said experiment stations is to aid in acquiring and diffusing among 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 institations of learning established in the several States, and which are organized under the land-grant of 1862; and provides further that the grants 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, bas 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 suin 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. 52-10. 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 described, 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 lastnamed 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 accordance 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 industries 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, preservation, or repair of any building or buildings,” and that if said moneys be diminished 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, immediately 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, purposes, 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, 1962, and designated by law as the industrial college of the University of Nebraska, and all of said moneys shall be immediately paid over by said treasurer to the authorities of said college, hereinafter designated, without further warrant or authority than is contained herein.
SEC. 5943. 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 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 designate 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 act 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.
SEC. 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 horticultural 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.]
Sec. 720. The secretary of the board of regents of the State university shall give bond, with penalties, for $10,000.
Szc. 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.
Constitution, Article XI: SEC. 4. The legislature shall provide for the establishment 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 be 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. 7. The governor, secretary of state, and superintendent of public instruction shall for the first four years and until their successors are elected and qualified constitute a board of regents to control and manage the affairs of the university 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 expiration of the term of office of said board of regents provide for the election of a new board of regents and define their duties.
SEC. 8. The board of regents shall, from the interest accruing from the first funds which come under their control, immediately organize and maintain the said mining department in such manner as to make it most effective and useful, provided, 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 a separate fund, to be appropriated exclusively for the benefit of the first-named departments to the university, as set forth in section 4 above; and the legislature 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 Nerada, in force from 1861 to 1900, inclusive, Compiled and Annotated by Henry C. Cutting, of the Nevada Bar. Carson City, Ner., Audrew Mante, Superintendent of State Printing, 1:40.]
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 misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding $5,000, to which inay be added imprisonment in the county jail for a period not exceeding six inonths.
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 instruction 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.surveying, 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. 13391. The governor, the secretary of state, and the superintendent of public 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 successors are elected and qualitied. The term of office of one of the regents so elected shall be two years from anil after the 1st day of January, 1889, and until his successor 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 successor 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 vacancy 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 university; (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 preseribe 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 diplona froin some recognized college of learning of good standing or some State norinal 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 institutions of learning authorized by law to confer degrees; (6) to preseribe the duties of the president and fix his salary and the salaries of all other teachers in the university; () to require the president, under their direction, to establish and maintain 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 appropriated 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 any diploma by them granted on receiving satisfactory evidence that the bolder 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.
Syc. 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 hoard, 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. 1894. 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 miạes, or in the school of agriculture, or in the school of liberal arts, or in any equivalent course that may hereafter be prescribexl, a diploma of graduation, conferring the proper academic degree, from the Nevada State University; and no diploma bearing the distinctive title - Nevada State University” 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 issne 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 the 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 graduation, 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 certificate, 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 -thereafter 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 department 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.
Sec. 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.
Seo. 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