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and the object for which said appropriations should be made. And said board of examiners shall thoroughly examine the books, vouchers, etc., of said institutions and report such expenditures, if any, as in their opinion were unnecessary.
Sec. 3. Said board of examiners is hereby authorized and empowered to summon any employee of said institutions or other person before it to testify under oath as to any matter pertaining to said institutions, and for said purpose they are hereby authorized to administer oaths.
SEC. 4. On or before December 1, 1902, and every two years thereafter, the governor shall cause said report to be printed and a copy thereof mailed to memberselect of the general assembly:
SEC. 5. This board of examiners shall make their said visits for the purposes set forth in this act without having in any manner given notice of the time thereof to the officials of said institutions.
SEC. 6. No member of the board of examiners as provided for in this act shall be a member of the general assembly to which said board makes its report.
Sec. 7. No committee appointed by the general assembly shall visit said State institutions, except by special order of the general assembly.
SEC. 8. The governor is hereby authorized, in addition to the provisions above set forth, to send said board of examiners to visit and inspect any of said institutions at any time he may deem it necessary.
SEC. 9. Said board of examiners shall receive for their services each $4 per day, together with traveling and other actual expenses while engaged in examining and making reports on said institutions. (Ratified March 7, 1901.)
Ibid., 1901, chapter 650: SECTION 1. Section 3 of chapter 370 of the public laws of 1899 is hereby repealed, and the management and control of the North Carolina College of Agriculture and Mechanic Arts shall be vested in the board of agriculture, and the said board shall have and exercise all the powers and be subject to all the duties granted to and imposed upon the board of trustees of the said college in said act. The board of agriculture consists of one member from each Congressional district of the State, appointed by the governor and confirmed by the senate for terms of six years. (Laws of 1901, chapter 479.)]
SEC. 2. The board of agriculture shall use for the purpose of said college and for the benefit of education in agriculture and mechanic arts, as well as in furtherance of the powers and duties conferred upon said board by existing laws, any funds, buildings, lands, laboratories, and other property which may be in their possession, as in their judgment shall be thought proper.
SEC. 3. It shall be the duty of the governor to appoint a board of visitors, to consist of eleven members, besides the commissioner of agriculture and the president of the college, who shall be ex officio members of the board, whose duty it shall be to meet at least once in each year, and not more than twice, in the city of Raleigh, to visit and inspect the College of Agriculture and Mechanic Arts and make such recommendations to the board of agriculture for the conduct of said college as they may deem wise and beneficial. This board of visitors shall elect a chairman, and shall meet at such time, within the limits herein prescribed, as said chairman shall designate. They shall serve without compensation, but their actual expenses of traveling to and from home and their board shall be paid. The terms of service of four of these visitors shall be two years, of four others four years, and of the remaining three six years, and successors of these visitors, respectively, shall be appointed by the governor at the expiration of their term for a term of six years. (Ratified March 13, 1901.)
Ibid., 1901, chapter 737: SEC. 6. (Appropriates to North Carolina College of Agriculture and Mechanic Arts, in addition to its standing appropriation," $17.488.26 to pay indebtedness contracted by a former administration and $3,033.36 additional to pay indebtedness incurred by present administration.” Also “$10,000 for each of the years 1901 and 1902 for the erection and equipment of a building for a textile department.”]
Sec. 7. [Appropriates $5,000 “ to the Colored Agricultural and Mechanical College of Greensboro for each of the years 1901 and 1902 in addition to its standing appropriation. This appropriation shall not be paid if the State board of education shall transfer to said school an equal amount of the appropriations for the colored normal schools of the State."']
Ibid., 1901, chapter 751: SECTION 1. All acts of the general assembly appropriating money shall state specifically the purposes for which such money is appropriated.
SEC. 2. No president, superintendent, board of managers, directors, nor other executive head of any State institution, supported wholly or in part by the State, shall purchase any real estate, or construct or enlarge any building, or contract any debt on behalf of the State without positive and specific authority given by the general assembly, except as hereinafter directed.
SEC. 3. In cases of extreme emergency or dire necessity the executive head of any such institution shall, upon the recommendation of the governor and his council, have authority, upon the credit of the State, to make such expenditures as may be actually necessary to provide against any such emergency or necessity,
SEC. 4. Whenever any money appropriated by the general assembly is expended contrary to the provisions of this act, the superintendent, members of the board of directors or managers or executive head directing, or consenting to, such expenditure shall be liable to the State thereof (therefor), and it shall be the duty of the attorney-general to forth with institute an action in the superior court of Wake County, in the name of the State, against such superintendent, executive head, members of the board of managers or directors, to recover the money so expended for the use of the State. (Ratified March 15, 1901.)
NORTH DAKOTA. Constitution (1889), article 8: SEC. 147. A high degree of intelligence, patriotism, integrity, and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the State of North Dakota and free from sectarian control. This legislative requirement shall be irrevocable without the consent of the United States and the people of North Dakota.
SEC. 148. The legislative assembly shall provide, at its first session after the adoption of this constitution, for a uniform system of free public schools throughout the State, beginning with the primary and extending through all grades up to and including the normal and collegiate course.
SEC. 149. In all schools instruction shall be given, as far as practicable, in those branches of knowledge that tend to impress upon the mind the vital importance of truthfulness, temperance, purity, public spirit, and respect for honest labor of every kind.
SEC. 151. The legislative assembly shall take such other steps as may be necessary to prevent illiteracy, secure a reasonable degree of uniformity in course of study, and to promote industrial, scientific, and agricultural improvements.
SEC. 152. All colleges, universities, and other educational institutions for the support of which lands have been granted to this State, or which are supported by a public tax, shall remain under the absolute and exclusive control of the State. No money raised for the support of the public schools of the State shall be appropriated to or used for the support of any sectarian school.
Article 9: SEC. 159. All land, money, or other property donated, granted, or received from the United States or any other source for * * agricultural college, *
and the proceeds of all such lands and other property so received from any source, shall be and remain perpetual funds, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and applied to the specific objects of the original grants or gifts. The principal of every such fund may be increased, but shall never be diminished, and the interest and income only shall be used. Every such fund shall be deemed a trust fund held by the State, and the State shall make good all losses thereof.
SEC. 162. The moneys of the permanent school fund and other educational funds shall be invested only in bonds of school corporations within the State, bonds of the United States, bonds of the State of North Dakota, or in first mortgages on farm lands in the State, not exceeding in amount one-third of the actual value of any subdivision on which the same may be loaned, such value to be determined by the board of appraisers of school lands.
Laws, 1890, chapter 160: SECTION 1. There is hereby established and located at Fargo, Cass County, N. Dak., an agricultural college, which shall be known by the name of the North Dakota Agricultural College.
Sec. 2. The government and management of the North Dakota Agricultural College is hereby invested in a board of directors to be known as the Agricultural College Board of Directors.
SEC. 3 (as amended by Laws, 1891, chap. 5, sec. 1]. The board of directors shall consist of seven members. The first board shall be appointed as hereinafter provided, and their term of office shall expire when their successors have been appointed and qualified, during the session of the legislative assembly in 1891. During the session of the legislative assembly in the year 1891, and before the third Monday in February of said year, the governor shall nominate and, by and with the consent and advice of the senate, appoint a full board of directors, three of whom shall be appointed for the term of two years and four of whom shall be appointed for the term of four years. Thereafter
and at each biennial session of the legislative assembly, and on or before the third Monday in Febrnary during each session, there shall be nominated by the governor and, by and with the advice and consent of the senate, appointed for the term of four years directors to fill vacancies occurring by the expiration of the term of office of those previously appointed. The governor shall have power to fill all vacancies in said board which occur when the legislative assembly is not in session, and the members of said board shall hold their office until their successors are appointed and qualified as provided by this act: Provided further, That in all cases where the governor has made an appointment to fill a vacancy when the legislative assembly is not in session, the term of office of the director or directors so appointed shall expire at the next session of the legislative assembly.
SEC. 4. The governor shall cause to be issued to each of said directors a commission, which shall be under the seal of the State. At the first meeting of said board the members thereof shall take and subscribe the oath of office required of all civil officers of the State, and shall then proceed to elect a president, secretary, and treasurer, but the treasurer shall not be a member of the board of directors. A majority of said board shall be a quorum for the transaction of business. The board shall require a bond of its treasurer and fix the amount thereof.
SEC. 5 (as amended by Laws, 1901, chap. 5, sec. 2]. The board of directors shall hold its meetings at the city of Fargo and fix the time of holding the same, providing there [these] shall not exceed six regular meetings in each year. The members of the board shall receive as compensation for their services $3 per day for each day employed and 5 cents per mile for each mile actually and necessarily traveled in attending meetings of said board, which sum shall be paid out of the State treasury upon vouchers of said board duly certified by the president and secretary thereof: Provided, however, That the president of said board shall have power to call special meetings whenever in his judgment it becomes necessary.
SEC. 6. The said board of directors shall direct the disposition of all moneys appropriated by the legislative assembly of the State of North Dakota, or by the Congress of the United States, or that may be derived from the sale of the lands donated by Congress to said State for said college, or that may be donated to or come from any source to said State for the agricultural college or experiment station for North Dakota, subject to all restrictions imposed upon such respective funds, either by the constitution or laws of the State of North Dakota or the terms of such grants from Congress, and shall have supervision and charge of the construction of all buildings provided for or authorized by law for said college and station. The board of directors shall have power to employ a president and necessary teachers, instructors, and assistants to conduct said school and carry on the experiment station connected therewith, and to appoint one of its members superintendent of construction of all buildings, who shall receive $3 per day for each day actually and necessarily engaged in the discharge of his duties, not to exceed fifty days in any one year, which sum shall be paid out of the State treasury upon the vouchers of the said board.
Sec. 7. The said board shall audit all accounts against the funds appropriated by the legislative assembly of the State of North Dakota or held by the State for the use of the agricultural college and experiment station, and the State auditor shall issue his warrant upon the State treasurer for the amount of all accounts which shall have been so audited and allowed by the board of directors and attested by the president and secretary of the same.
SEC. 8. The design of the institution is to afford practical instruction in agriculture and the natural sciences connected therewith, and also the sciences which bear directly upon all industrial arts and pursuits. The course of instruction shall embrace the English language and literature, mathematics, military tactics, civil engineering, agricultural chemistry, animal and vegetable anatomy and physiology, the veterinary art, entomology, geology, and such other natural sciences as may be prescribed, political and rural and household economy, horticulture, moral philosophy, history, bookkeeping, and especially the application of science and the mechanic arts to practical agriculture in the field. A full course of study in the institution shall embrace not less than four years, and the college year shall consist of not less than nine calendar months, which may be divided into terms by the board of directors as in their judgment will best secure the objects for which the college was founded.
ŠEC. 9. The board of directors shall fix the salaries of the president, teachers, instructors, and other employees, and prescribe their respective duties. They shall also fix the rate of wages to be allowed to students for labor on the farm and experiment station or in the shops or kitchen of the college. The board may remove the president or subordinate officers and supply all vacancies.
SEC. 10. The faculty shall consist of the president, teachers, and instructors, and shall pass all needful rules and regulations for the government and discipline of the college, regulating the routine of labor, study, meals, and the duties and exercises, and all such rules and regulations as are necessary to the preservation of morals, decorum, and health.
SEC. 11. The president shall be the chief executive officer of the agricultural college, and it shall be his duty to see that all rules and regulations are executed, and the subordinate officers and employees not members of the faculty shall be under his direction and supervision.
SEC. 12. The faculty shall make an annual report to the board of directors on or before the first Monday in November of each year, showing the condition of the school, experiment station, and farm, and the results of farm experiments, and containing such recommendations as the welfare of the institution in their opinion demands.
SEC. 13. The board of directors shall, annually, on or before the 1st day of February in each year make to the governor a full and detailed report of the operations of the experimental station hereby established, including a statement of the. receipts and expenditures, a copy of which report shall be sent by the governor to the Commissioner of Agriculture and the Secretary of the Treasury of the United States, and said
board of directors shall also make a report to the governor on or before the first Monday in December next preceding each biennial session of the legislative assembly, containing a financial statement showing the condition of all funds appropriated for the use of the agricultural college and experiment station; also the moneys expended and the purposes for which the same were expended in detail; also the condition of the institution and the results of all the experiments carried on there.
SEC. 14. The board of directors and the faculty shall have power to confer degrees upon all persons who shall have completed the course of study prescribed for said school by the board and faculty, and who shall have passed a satisfactory examination upon the studies contained in said course, and who shall be known to possess a good moral character.
SEC. 15. The board of directors, as appointed by the governor and confirmed by the senate, shall constitute and be known as the directors provided for in this act.
SEC. 16. There is hereby established an agricultural experiment station in connection with the North Dakota Agricultural College, and under the direction of the board of directors of said college, for the purpose of conducting experiments in agriculture, according to the terms of section 1 of an act of Congress approved March 2, 1887.
SEC. 17. The assent of the legislative assembly of North Dakota is hereby given, in pursuance of the requirements of section 9 of said act of Congress approved March 2, 1887, to the grant of money therein made, and to the establishing of an experiment station in accordance with section 1 of said last-mentioned act, and assent is hereby given to carry out all and singular the provisions of said act.
SEC. 18. The grant of lands accruing to the State of North Dakota under and by virtue of an act of Congress donating public lands for the use and support of agricultural colleges in certain proposed States, approved February 22, 1889, is hereby accepted, with all the conditions and provisions in said act contained, and said lands are hereby set apart for the use and support of the college herein provided for.
SEC. 19. There shall be no expense incurred or per diem and mileage paid to any officer of the board contemplated under the provisions of this act until an appropriation shall have been made for the erection of any building or buildings for the agricultural college or experiment station. (Approved March 8, 1890.)
Laws, 1891, chapter 6: SECTION 1. Consent having been given by the Congress of the United States by act approved September 4, 1890, to the appropriation by the State of section 36 in township 140 of range 49 west, situated in the county of Cass, being a portion of the lands granted to said State for the purpose of common schools, for the use of the State agricultural college as a site for that institution, said section 36 is hereby designated and appropriated for the use of such agricultural college for a site and for the purpose of an experiment station; and all moneys hereafter appropriated for the erection of buildings and improvements for such college shall be expended in the erection of such buildings and improvements on such section.
SEC. 2. The appropriation hereby maile is subject to all leases of said land by the State now in force. (Approved January 16, 1891.)
Laws, 1891, chapter 7: SECTION 1. The grants of moneys authorized by the act of Congress approved August 30, 1890, being made subject to the legislative assent of the several States and Territories to the purpose of said grants, the assent of the State of North Dakota is hereby given to the purpose of said grants, and the conditions of the above specified act of Congress are hereby accepted by the State of North Dakota.
SEC. 2. In accordance with the provisions of said act of Congress approved August 30, 1890, the North Dakota Agricultural College is hereby designated as the beneficiary under the provisions of said act.
Sec. 3. The treasurer of the North Dakota Agricultural College, elected in accordance with the provisions of section 4 of the act of the legislative assembly of the State of North Dakota approved March 8, 1890, is hereby designated as the officer to receive the sums of money appropriated to the State of North Dakota for the further endowment and support of colleges as provided by the said act of Congress approved August 30, 1890.
SEC. 4. The State treasurer shall immediately pay over to the treasurer of the North Dakota Agricultural College all sums of money received from the United States Secretary of the Treasury, pursuant to the provisions of the said act of Congress approved August 30, 1890.
SEC. 5. Said treasurer of the North Dakota Agricultural College shall give a bond in the sum of $50,000, with not less than four approved sureties, said bond to receive the sanction and approval of the board of directors of said North Dakota Agricultural College and of the governor of the State of North Dakota. (Approved February 21, 1891.)
Laws, 1891, chapter 13: (Appropriates $25,000 for the erection of buildings for the agricultural college.]
Laws, 1893, chapter 1: [Appropriates for agricultural college as follows: Dormitory, $17,000; furnishing dormitory. $3.000: farmhouse and barn, $13,000; shop for mechanical department, $9,000; completion of main building, $3,000; incidentals, $10,000.)
Laws, 1893, chapter 126: SECTION 1. The governing or managing boards of all educational institutions in the State of North Dakota shall be designated as trustees of the respective institutions for which they are appointed.
Sec. 2. The president, principal, or chief executive officer of each of these institutions shall be ex-officio a member of the board of trustees of the institution with which he is connected, but shall have no vote as a member of such board. (Approved March 6, 1893.)
Laws. 1895, chapter 2: (Appropriates for the erection of additional buildings for the North Dakota Agricnltural College and Experiment Station, and for other purposes connected therewith, $11,250.]
Laws, 1897, chapter 10: (Appropriates for agricultural college as follows: Fael, $4,000; library, furniture, and fixtures. $200; printing and stationery, $600; instruction in preparatory department, $2,000; engineer, watchman, and janitors, $3,000; librarian, $200; miscellaneous expenses, $12.000.]
Laws, 1897, chapter 11: [Appropriates for agricultural college: Payment of debts, $5,000; wing for chemical laboratory, $5,000.]
Laws, 1899, chapter 7: [Appropriates for agricultural college: Library, furniture and fixtures. $300; librarian, $600; printing and stationery, $800; engineer, watchman, and janitors, $3,500; preparatory instructor, $2,000; fuel, $4,500; enlarging mechanical building. $2,000; miscellaneous expenses, $14,000.)
Laws, 1901, chapter 18: [Appropriates $18,000 for current expenses of agricultural college.]
Laws, 1901, chapter 127: SECTION 1. To provide for the erection and equipment of necessary additional buildings, for a system of sewerage, and for other necessary improvements for the North Dakota Agricultural College at Fargo, the board of trustees of said agricultural college may issue bonds for such sum or sums of money as can actually be used in the construction and equipment of such necessary additional buildings, system of sewerage, and other necessary improvements, not exceeding the sum of $50,000; said bonds shall be in denominations of $1,000 each, shall bear interest at a rate not exceeding 5 per cent per annum, and shall be payable in twenty years from the date of issue from the interest and income fund accumulating from the sale, rental, or lease of lands granted to the said North Dakota Agricultural College. The interest on such bonds shall be payable annually on the first day of January each year, and shall be payable from the interest and income accumulating from the sale, rental, or lease of said lands: