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4. The examiners shall, within ten days after such 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 schola_ships 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 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 State superintendent 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 scholarship 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 discretion 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 (where 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 shall determine any controyersies which may arise under the provisions of this act. He is hereby charged with the general supervision and direction of all matters in connection with the filling of such 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 building 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 whoever 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 not 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 establish and maintain an observatory; (2) 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
trust for either of the aforesaid purposes may be held by such college or institution 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 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 diminution of principal may be repaid by accumulation of interest.'']
Laws, 1896, chapter 238: SECTION 1. The board of trustees of said Cornell University 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 commissioner 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 university 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 trustees. 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 alumni 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 determined 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 vacancies arising from resignations or deaths among the number previously elected by them. Except as herein before otherwise provided, the term of office of each elective 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 immediately preceding his election; but every trustee shall hold over 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 prescribed 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 ballot 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 otherwise, by reason of the fact that one or more candidates having the highest number 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
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 pluralities, 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 appropriated, 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 otherwise, and in preparing and printing for free distribution the results of such investigations 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 desirable and profitable in promoting the agricultural interests of the State. Such college 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 sureties 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 agriculture, 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 relating to poultry and egg production.]
NORTH CAROLINA. Constitution (1868), Article I: SEC. 27. The people have the right to the privilege of education, and it is the duty of the State to guard and inaintain 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 education shall forever be encouraged.
Sec. 14. As soon as practicable after the adoption of this constitution the general 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, prepared 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 experiment and fertilizer control station, and shall employ an analyst skilled in agricultural chemistry. It shall be the duty of said chemist to analyze such fertilizers and products as may be required by the department of agrieulture, 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 the said department may direct. He shall make regular reports to the said department 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 establishment of said industrial school, it shall be their duty to locate the same at such place, and if there be more than one city or town making such proposals it shall be 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 agriculture 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, metallurgy, 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 maintenance 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 scientific 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 college 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 constitution 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 colleges: 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 purposes in connection with the establishment of the said college as they may be able; 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 fertilizer 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, may be thought proper. The said board of trustees 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 donations 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.
Sec. 7. The use of the 300 acres of land, more or less, known as 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 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 certain 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 relative 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 be 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.]: 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 may be 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 College of Agriculture and Mechanic Arts.”
ŠEC. 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 superintendent 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