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[The following matter is taken from a rolume entitled "1877. Compiled Love of New Mexico, in accordince with an act of the legislature approved March 16,109. Preparelior pabucation lr John P. Victor, Edward L. Bartlett, Thomas N. Wilkerson, Commission. sart: Fe, N. Vex., 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 Iusane 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 Agricnltural 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 Cruces irrigating ditch, south of said town, and now owned by Jacob Schaublin, and which said land shall, within six monthis froin the passage of this art, le donated and conveyed by s:uid Schaublin, free of any cost and expense, to the Territory of New Mexico for such purpose: l'rorian, That no improvemenis or buildings, as hereinafter provided for, shall be made or erected upon such lan until deed is duly executed, recorded, and filed in the office of the secretary of the Territory, as hereinafter provided.
SEC. 3.7.3. 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 prescribe'l hy said board of regents; shall be non sectarian in character and devotel 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 11j.on agriculture and other industrial pursuits.
SEC. 3:13. 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 sail 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 inoneys provided for by this act, shall be vested in a board of five regenta. Said five regents shall possess the same qualifications, 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 core and presentation of all property of which it shall become possessed, the eruction and construction of all buildings necesrary for its U?, and the disbursement and expenditure of all moneys appropriated by this act, shall be vested in a board of five recents, to consist of fire analitiei rotors, who shall be owners of real estate in this Territory. Saici tre members of the board of Prints shall be appointed in the mamer now provided by law for the appointment of Territorial officers, not earlier than the Ist day of S ptember nor later than the 1st day of Ortor next after the passage of this act, and vacancies occurring in aid bird : hall be filled in the same manner as 15 low provided by law for the filling of vacancies in viher Teritorial offices.
SEC87. The board of regent provided for in this art shall be appointer, one for a term of one year, onofira term of two years, one for a term of three years, one for a tirin of four years, and one for a term of five years procital, That all appointments made to fill vacancies caused by death, resignation, or otherwise, shall be for th. unespiral term of the incumbent wbusty place shall have become vacant. All other appointments marie subsequent to the appointmnt of the first board of regents provided for in this art shall be for the term o five years and until the appointment and qualitication of a successor to such appointeo.]
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 sned, of contracting and being contracted with, of making and using a common seal and altering the same at pleasure, of causing all things to be done necessary to carry out the provisions of this act. A majority of the boar) shall constitute a quorun for the transaction of business, but a less number may aljourn 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
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 necessary 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 connection with said agricultural college shall be likewise located upon the land referred to in section 35.51, 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 Congress approved March 2, 1887, to the granting of money therein made to the establishment 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. 3.559. 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 judgment, the best interests of the college require it.
SEC. 3361. 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 Agricultural College of New Mexico: Provided, That the 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 deterinined 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 construction of buildings, etc., of the subagricultural experiment station, provided for by this act, the sun 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 actand 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 disposition 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 support and maintenance of the subagricultural experiment station herein provided for so much of all the moneys now on hand and hereafter received from the Gov
ernment 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 Mexico, 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 transferred 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 construction of buildings, etc., upon the lands donated to each of said branch agricultural 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 support 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 Agricultural College of the Territory of New Mexico, and the said legislative assembly 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 embezzle, 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 disbursements 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 funde 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
expenses of 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 be 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 shall 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 faithfully and honestly discharge their duties in the premises and strictly and impartially 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 shall 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 Agricultural College at Las Cruces shall be, and the same are hereby, considered as firstclass 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 suin of $35,000, to be known as Territorial 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 sufficient 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 several 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.
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 froin 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 lards 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 condemnation 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 institution 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 saine 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 conviction shall be punished by a fine not exceeding $500 and dismissal, in the discretion 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 teaching 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 Agriculture 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 College bonds. Such bonds shall be issued in the denomination of $1,000 each, bearing 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